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HomeMy WebLinkAbout6.h. Amendments to City Code 7 - 4: Animal ControlAGENDA ITEM: Amendments to City Code 7 4: Animal Control AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. L•h• ATTACHMENTS: Amended City Code 7 -4: Animal Control APPROVED BY: (7/2.) RECOMMENDED ACTION: Motion to approve amendments to City Code 7 -4: Animal Control. AND Motion to approve a resolution authorizing the publication of the amendments by title and summary. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: August 1, 2011 EXECUTIVE SUMMARY ISSUE The City Code regulates the keeping of animals within the City. Changes to the Code are being recommended to make this particular Code easier to use by reorganizing sections and eliminating sections deemed to be redundant or unnecessary. BACKGROUND This item was discussed at the July 19, 2011 City Council Meeting. There were no public comments made at the meeting and no comments have been received in the time since the first reading was held. The primary changes include: Definitions: Several definitions were eliminated because the terms were not used within the Code or because the commonly accepted definition of the term applies to its use in the Code. Dangerous and Potentially Dangerous Dogs: 1) Modifying the requirements to comply with the 'requirements included in MN state statutes, 2) Modifications to the Hearing Board by eliminating the preference that the citizen member be a veterinarian, 3) Adding language concerning liability insurance requirements. Eliminating the sections pertaining to zoonotic diseases and emergency declarations. Coops and Lofts: Removing the permitting process for fowl and birds; residents following the requirements will be allowed to have fowl just as a resident with a dog(s) is expected to follow all regulations. The only change in the amendments made since the July 19 meeting are in 7 -4B -12 (C, 9 -10 and D) Pg. 23 to clarify the restrictions on the placement of pet housing facilities on residential lots. RECOMMENDATION Staff recommends that the amendments be approved. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2011 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 2011- 09 AMENDING ROSEMOUNT CITY CODE RELATING TO ANIMAL CONTROL WHEREAS, the City Council of the City of Rosemount has adopted Ordinance No. 2011- 09, an ordinance amending Title 7, Chapter 4 of the City Code regarding animal control; and WHEREAS, Minnesota Statutes, 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the Ordinance is 32 pages in length; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. 2011- 09 to be published in the official newspaper in lieu of the entire Ordinance: The City Council of the City of Rosemount has adopted Ordinance No. 2011- 09, an ordinance amending Title 7, Chapter 4 of the City Code relating to animal control. The Ordinance repeals unnecessary definitions and duplicative sections, and reorganizes and clarifies language for easier reading. The Ordinance repeals certain provisions related to the registration of "dangerous animals lofts, and coops, and adopts new regulations pertaining to potentially dangerous and dangerous dogs. The Ordinance also makes some minor amendments to the requirements for physical construction and placement of lofts, coops and other facilities housing domestic animals. Finally, the Ordinance clarifies the basis for revocation of an animal registration and the appropriate penalties for violation of the Ordinance. The full text of Ordinance No. 2011- 09 is available for inspection at Rosemount City Hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Rosemount that the City Clerk keep a copy of the ordinance in her office at City Hall for public inspection and that she post a full copy of the Ordinance in a public place within the City. ADOPTED this 1 day of August, 2011, by the City Council of the City of Rosemount. A'1'1'EST: Amy Domeier, City Clerk Public Notice William Droste, Mayor THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. follows: CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2011- 09 ORDINANCE RELATING TO ANIMAL CONTROL; AMENDING TITLE 7, CHAPTER 4 OF THE ROSEMOUNT CITY CODE Title 7, Chapter 4, Article A of the Rosemount City Code is amended as 7 -4A -1: DEFINITIONS: As used in this chapter, the following terms have the following meanings: ANIMAL: Any nonhuman mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Allowed Animals: Those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, spayed or neutered ferrets, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and trained service animals that are assisting disabled persons. Farm Animal: Cattle, horses, ponies, mules, sheep, goats, swine (including potbellied pigs and other miniature varieties), ducks, geese, turkeys, chickens, and other animals of husbandry. Prohibited Wild Animals: A nonhuman terrestrial mammal or bat that is wild by nature: any poisonous. venomous. constricting or inherently dangerous member of the reptile or amphibian families: any crossbreed between a wild and domestic animal. 385347v2 MDT RS215 -6 d ...7 L..... 1 cro3abrccd between a wolf aed a deg, er a wildcat acrd a domestic cat. Thi3 specifically D. Any poi3onou3, venomous, constricting, or inherently dangerous mcmbcr of thc reptile C. Any mcmbcr of thc bear family. AT LARGE: Any animal that is off the property of its owner and is -ee ered- to -beAtt largee= not "under restraint" as herein required. COMMERCIAL KENNEL: A place where more than five (5) dogs, cats, or ferrets over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted. COOP: Any structure used for the keeping of fowl. DANGEROUS: Able or likely to inflict injury or harm. DANGEROUS DOG: Any dog that: A. Has without provocation, inflicted substantial bodily harm on a human being while on public or private property. 385347v2 MDT RS215 -6 2 B. Has killed a domestic animal without provocation while off the owner's property; or C. Having been found to be potentially dangerous and after the owner has notice that the dog is potentially dangerous. the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. FIERCE: Violently ho3tilc or aggres3ivc in temperament. GREAT BODILY HARM: Bodily injury which creates a high probability of death. or which causes serious permanent disfigurement. or which otherwise causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. HORSE: Any breed of horse, pony, mule, ass or similar animal. LOFT: Any and all quarters in which pigeons are housed. OWNER: Any person or persons, firm, association or corporation owning, keeping, harboring, or in custody or control of animals within or being transported within the city. PET OR COMPANION ANIMAL: Any animal owned, pos3csscd by, cared for, or controlled by a PIGEON: Any and all varieties of pigeons. POTENTIALLY DANGEROUS DOG: Any dog that: 385347v2 MDT RS215 -6 A. When unprovoked, inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE: An enclosure for an animal that securely confines the animal indoors; or, in an enclosure that has flooring that prevents digging, sides that prevent chewing or exit through them, and a covering that prevents escape and provides protection from the elements. This enclosure must be locked. A porch, patio, house, garage or other structure that cannot be locked or has walls, windows or doors that are not substantial enough to prevent the escape of the animal shall not be considered a proper enclosure. A door or window secured with only a screen is not a secure enclosure. UNDER RESTRAINT: Ceontrolled by a leash; i iris under voice or signal command of a competent person, providing that the animal deg er fcrrct will obey such voice or signal commands; it-is within the limits of the owner's property; or whilc it ia confined within a vehicle being driven or parked in the street. An animal dog or fcrrct ia must be controlled with the use of a leash no longer than six feet (6D eemfettnd while on any public property. including but not limited to a street. sidewalk, trail, or park. This leash requirement does not apply while the animal is in an the exercise area designated by the city. Retractable leashes may be used but must be kept to a length of six feet (6') or less when in the vicinity of any other person or animal. Registered potentially dangerous and dangerous dogs a rid must be restrained as required by other sections of this chapter. SERVICE ANIMAL: Animals that are individually trained to perform tasks for people with disabilities, such as: guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Serviee SUBSTANTIAL BODILY HARM: Bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member 385347v2 MDT RS215 -6 4 USE PERMITTED BY RIGHT: A use which is unconditionally permitted in the zoning district under which it is listed. VICIOUS: Dangerously aggressive. Y! XIV.21, 12 7 2004) 7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER: The city council may appoint community service officers, animal control officers, humane agents or other officers to assist the police officers of the city in the enforcement of this chapter, and no person shall interfere with, the exercise of such powers. (Ord. XIV.21, 12 7 2001) 7 -4A -3: INTERFERENCE WITH OFFICERS: It shall be a violation of this chapter for any unauthorized person to break open a shelter or attempt to take from any officer any animal taken up in compliance with this chapter. (Ord. XIV.21, 12 7 2001) 7 -4A -4: ANIMAL SHELTER PROVIDED: The city council may provide for a city -owned animal shelter or may designate as an animal shelter a suitable kennel whether within or outside the limits of the city. (Ord. XIV.24, 12 7 2004) 7 -4A -5: RABIES. BITES, IMPOUNDING AND DISPOSAL OF ANIMALS, DISASTERS, 385347v2 MDT RS215 -6 5 B. Vctcrinarian Reports Of Rabies Or Zoonotic Disease Suspects: It shall be the duty of every li ar i a s to Any person having knowledge of an animal that is a rabies suspect or of an animal or human who may have been bitten by a rabies suspect must report it to the city police department othcr animal populations. All rabies reports and incidents will be handled in accordance with the Minnesota Board of Animal Health rules and regulations. B. Reports of Bites. Any person having knowledge of an animal bite to a human must report it to the city police department. C. Impoundment: 1. Violation: In the event of a violation of this Chapter, any designated officer may capture and impound an animal in the city designated shelter. 2. Notice: Immediately upon the impounding of any animal wearing a current registration. the Ci will attem t to noti the owner of the im oundment and the conditions of re custody of the animal. Verbal notices will be confirmed in writing. 3 R ight Of Entry To enforce this chapter designated officers may enter upon privat premises where it appears or where there is reasonable cause to believe that an animal is not registered or is not being kept. confined or restrained as required herein. or in pursuit of an animal running at large. Any owner shall produce for the officer's inspection. the animal's registration or receipt upon request. 4. Length Of Impoundment: Any animal that is impounded in the city animal shelter shall be kept in the city shelter for at least five (5) business days unless sooner reclaimed by its owner. If such animal is known to be or is suspected of being rabid or has bitten a person. it shall be kept quarantined for a period as recommended by the Minnesota Board of Animal Health. D. Reclamation or Disposal of Impounded Animals: 1. Fines and Fees. Fines shall be determined by council resolution and reviewed annually. An administrative fee shall be charged and collected by the city animal shelter. or cooperating pet adoption agency. to recover costs incurred by the shelter in caring for and maintaining the animal. 2. Registration: If the animal requires a city registration, such registration must also be obtained before the animal is released. 385347v2 MDT RS215 -6 6 3. Abandonment /Adoption: If at the end of the impounding period the animal is not reclaimed by the owner, the animal shall be deemed abandoned and may be placed for adoption if appropriate. The shelter or cooperating pet adoption agency shall ensure that anyone purchasing unclaimed animals shall have the animal spayed or neutered prior to release, or as soon as conditions of health or age of the animal permit. Failure on the part of the adopting owner to comply with this section shall be a violation of this chapter. 4. Disposal: a. If an animal is not adopted, then it may be euthanized in a humane manner. Final determination on the adoptability of animals shall rest with the police department, in consultation with the city animal shelter or cooperating pet adoption agency. b. If the owner requests disposal of the animal, the owner shall pay for the cost of disposal, including any boarding or other fees incurred prior to disposal. A request to dispose of an animal must be made in writing to the police department along with proof of ownership or an affidavit of ownership. Payment of the cost for disposal will be made to the police department by the owner upon filing of the request for disposal with the police department and receiving approval. c. Any animal that has a history of or shows a propensity to attack humans or other animals; or, has a documented history of attacks and bites on humans or other animals; or, is suspected to have a disease that can be transmitted to humans or other animals will not be placed for adoption but will be humanely euthanized. E. Killing Of Animals That Cannot Be Impounded: Any animal that is diseased, vieieuta7 dangerous, rabid or exposed to rabies and cannot be captured or impounded after a reasonable effort or impounded without serious risk to the person attempting to capture or impound the animal, may be immediately killed by or under the direction of a police officer. Section 2. Section 7 -4B -1 of the Rosemount City Code is amended as follows: 7 -4B -1: ANIMAL REGISTRATION PROVISIONS: A. Requirements: 1. No person in the city shall own arbor or keep a dog or ferret over six (6) months of age, within the city, unless a current city registration for such dog or ferret has been obtained as herein provided. a. All ferrets over the age of six (6) months kept within the city must be sterilized 2. No person in the city shall own, h arbor or keep a potentially dangerous or dangerous dog er dangereuts -animal within the city, unless a current city registration for such dog has been obtained as herein provided in Article C of this chapter. 385347v2 MDT RS215 -6 7 B. Ownership Limits: 1. Household Limit: No person shall own or keep, more than a combined total of five (5) cats, dogs or ferrets over the age of six (6) months within any household in the city of Rosemount unless authorized elsewhere in this chapter. a. For the purposes of this section, the term "household" refers to a single family residence or a single unit of a town home, condominium, apartment or comparable structure that is rented, leased or used as a single unit. b. This section shall not be construed to limit the ability of apartment managers, landlords, town home and condominium associations or other representatives of property owners to impose greater restrictions. 2. Exception: For premises that are ten (10) acres or more and zoned agricultural the resident may own or keep, up to ten (10) cats over the age of six (6) months as long as they have been spayed or neutered and documentation teof that fact is provided. C. Application: 47 Application for city registration shall be made to the police department. It shall include such descriptive information as is necessary to provide a reasonable identification of the dog or ferret and owner. police dcpartmcnt. It shall include D. Term of Validity: 47 City registrations shall be valid for the period the certificate of rabies vaccination certifies, and shall expire on the date the rabies vaccination certificate expires. Nonspayed and unneutered dogs and cats are only eligible for a year -long registration. 385347v2 MDT RS215 -6 8 E. Fees: valid term of any and all required vaccinations. 1. City Registration: The city registration fee shall be set by council resolution and reviewed annually. The following provisions shall also apply: a. Fee Discount: Spayed or neutered dogs and er ferrets shall qualify for a discount of half of the normal fee. b. Multiyear Registration: Spayed or neutered dogs and er ferrets shall qualify for a multiyear registration. This multiyear registration shall expire on the date the rabies certification expires. c. Nonspayed Or NeeUnneutered Dogs And Ferrets: The coat for the registration fee shall not be discounted for nonspayed or unneutered dogs and ferrets. d. Service Animals and Police Canines: Service animals and police canines shall must be required- te-lie registered but the normal fee will be waived. e. Senior Citizen Discount: Senior citizens shall be offered a fifty percent (50 discount of the registration fee. For purposes of this discount a "senior citizen" will be considered anyone aged fifty five (55) years or older. 2. City Potentially Dangerous and Dangerous Dog Registration: a: The city potentially dangerous and dangerous dog anclintirtial registration fee shall be set by council and reviewed annually. F. Vaccinations: All animals -i In order to be registered: a dog or ferret, an owner must provide proof of up -to -date vaccinations and a certificate from a currently state licensed veterinarian showing the effective dates of the vaccinations. 385347v2 MDT RS215 -6 9 G. Duplicate Tags: In the event that any registration tag issued for any animal is lost, the owner must obtain a duplicate tag from the city on the payment of an amount as set by council resolution. fcrrct is sccurcd to replace it, the rc�on for the deceased animal may be ttanafcrrcd to the l of the original fcc and 17 H. New Resident Exemptions: 4-Any dog or ferret owner, upon first becoming a resident of the city, shall be allowed thirty (30) days time within which to obtain the animal's registration. Section 3. Section 7 -4B -2 of the Rosemount City Code is amended as follows: 7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KENNELS, LOFTS, A. Registration Requirements And Fccs: No person shall operate a commercial kennels -a without first obtaining any the required city registration and paying all fees as required in this chapter. B. Applications: A commercial kennel, must be made to the police department and shall 3unrisc. Ord. XIV.24, 12 7 2001) Gtaff. 385347v2 MDT RS215 -6 include state: (1) The name and address of the owner and the operator of a commercial kennel, (2) The address where the kennel is to be located, 10 application Staff. 385347v2 MDT RS2I5 -6 (3) A site plan for review, (4) Any required secure enclosure details, (5) The number of dogs, cats, or ferrets proposed to be kept. 347.52, and any othcr rcquircmcnta of this chaptcr. (3) All rcquircd sccurc cnclosurc dctail3, 3. Pigcona Loft or Fowl Coop Rcgiatration. 11 g. Transfer of r Registration for coops for the keeping of fowl and lofts for thc kccping of (1) Thc name and addrcs3 of thc coop or loft owner, (2) Thc address whcrc thc coop or loft is to be located, C. Issuance or Suspension of Registration, Or Contestation: 1. Centrally: a: The police department will issue the registration if all requirements are met. 2.4 If the application is missing any required documentation, or any necessary staff approvals or recommendations are missing or incomplete the application will be suspended until all required or missing items are supplied. 385347v2 MDT RS215 -6 12 b. Failuc To Contcst Noticc Of Intcnt To Dcclarc: If thc owncr of an animal rcccivcs a thc city. thc i3suc. Owncrs shall havc thc right to prcscnt cvidcncc on thcir behalf and to cro33 385347v2 MDT RS215 -6 13 Of 385347v2 MDT RS215 -6 14 7. Exemptions: Animals may net be declared dangerous or potentially dangerous if the threat, anittralt or Section 4. Section 7 -4B -3 of the Rosemount City Code is amended as follows: 7 -4B -3: RESTRAINT OF ANIMALS No animal may be at large. All owners or persons in custody or control of an animal shall keep the his or her animal "under restraint" at all times. confinement shall also apply. (Ord. XIV.24, 12 7 2001) Section 5. Section 7 -4B -4 of the Rosemount City Code is amended as follows: 7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS: A. Upon complying with the registration provisions of this chapter, 7 "B f th s art of the City shall be issued to the owner a permanent tag, stamped with a number that will uniquely identify the animal and owner for which it was issued. B. Every dog and ferret animal owner is required to keep a valid tag securely fastened to the registered animal's chain, collar or harness, which must be worn by the animal at all times. 3cction3 317.50 317.52 shall apply to thi3 chapter. 385347v2 MDT RS215 -6 15 2004 Section 6. Section 7 -4B -5 of the Rosemount City Code is amended as follows: 7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS: A. No owner shall fail to provide: 1. Any animal with sufficient food, potable water, or proper diet appropriate for its. species, 2. Proper shelter and protection from the weather appropriate for its species, 3. Veterinary care when needed to prevent suffering and maintain the normal health of the animal, and 4. Humane care and treatment. B. No person shall: 1. Abandon any animal anywhere within the city, or at the animal shelter designated by the city. Any owner of, or person in custody or control of, an animal who fails to retrieve an animal from the pound after notification from animal control shall be deemed to have abandoned such animal and to have violated this section. 2. Beat, treat cruelly, torment or otherwise abuse any animal. 3. Cause or permit any dog, cat, cock, or any animal fights. 4. Use any weighted collars, over two (2) pounds; any pronged collars that may cause injury or discomfort to the animal's neck (other than common electronic training collars); or any treadmill or other training device to develop any animal's stamina or musculature for any animal fighting. 5. and 316.57. (Ord. XIV.21, 12 7 2001) Leave any animal unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. Section 7. Section 7 -4B -6 of the Rosemount City Code is amended as follows: 7 -4B -6: DANGEROUS ANIMAL CONFINEMENT PROVISIONS: Dangerous animals must be confined in a proper enclosure. 385347v2 MDT RS215 -6 16 rcstraincd, muzzlcd, or leashed as- required by this chapter or statc statutcs, and undcr the 3cction 317.52. purpoacs. (Ord. XIV.21, 12 7 2004) Section 8. Section 7 -4B -7 of the Rosemount City Code is repealed in its entirety. Section 9. Section 7 -4B -8 of the Rosemount City Code is amended and renumbered as follows: 7 -4B -7 8: NOISE NUISANCES PROHIBITED A. No person shall keep or harbor any animal in any unsanitary place or condition. or in a manner that results in noisome odors or that annoys others by barking, crying, howling, fighting or other similar noises othcr mammals, or any crcaturc. (Ord. XIV.21, 12 7 2001) B. No person shall feed animals in such a manner that attracts animals. causes property damage, allows for excessive amounts of feed to accumulate. or poses a public health threat. Section 10. Section 7 -4B -9 of the Rosemount City Code is amended and renumbered as follows: 7 -4B -8 9: DISPOSAL OF ANIMAL FECES: A. All persons in control of an animal on any park property, public property or right of way shall have in possession at all times apparatus that can be used for cleaning up feces, or a bag for proper disposal of feces. The person in control of an animal is responsible for picking up the animal's feces and disposing of it properly. Failure to properly collect and dispose of animal feces is a violation of this chapter. B. A property owner is required to clean all feces from his or her property as often as necessary to prevent contamination to animals or humans and to avoid nuisance from odors and breeding of insects. but in no case less than weekly. C. Any stable, barn or yard area in which horses, cattle or any farm animals are kept shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors, breeding of insects, public nuisance, or a public health nuisance, and in no case less than weekly. 385347v2 MDT RS215 -6 17 D. Manure on public streets, roadways, or public right of way shall be removed by the owner, rider or driver of a horse and disposed of properly on the person's property, or in a public waste receptacle if the manure is packaged in a sealed plastic bag or similar container. 12 7 2001) Section 11. Section 7 -4B -10 of the Rosemount City Code is amended and renumbered as follows: 7-4B-9 10: KEEPING OF ANIMALS: The keeping of allowed animals, following manner: 385347v2 MDT RS215 -6 is regulated in the A. Farm animals are permitted on all property zoned by the city as agricultural and on property owned by the University of Minnesota while used for agricultural or research purposes. Farm animals may not be confined in a pen, feed lot or building within one hundred feet (100') of any residential dwelling not owned or leased by the farmer except as otherwise allowed in this chapter. B. Allowed animals, and pigeons and fowl, may be kept in any all zoning districts in accordance with other all applicable ordinances and laws concerning care, maintenance, registration, and restraint. In Commercial Districts. allowed animals. including pigeons and fowl. must be kept within the principal structure. C. Wild er- premed animals are prohibited from being kept in all parts of the city, except as otherwise allowed in this chapter. A wild animal may be transported through the city if the transit period is thirty (30) minutes or less in duration and the wild animal is kept securely restrained in a proper enclosure or cage appropriate for the species during the transit period. D. Commercial kennels are allowed only in areas zoned agricultural or commercial. except C -1 and DT. 1 9 18 6. Are defined as a prohibited -or animal in section 7 IA 1, "Definitions of this chapter. E. The provisions of this section shall not apply to: 1. Institutions accredited by the American Zoo and Aquarium Association (AZA) or the American Sanctuary Association (ASA) that are permitted uses within the city. 2. Registered nonprofit humane societies. 3. Animal control or law enforcement officers acting under the authority of city, county, state or federal regulation, rule, ordinance or statute. 4. Licensed veterinary hospitals or clinics. 5. State licensed wildlife rehabilitators. 6. Licensed or accredited research or medical institutions. 7. Licensed or accredited educational institutions. 8. Service animals, as defined in this chapter if application of this section would violate state or federal laws relating to persons with disabilities. E No private zoos, game farms, hunt clubs or animal exhibitions are allowed within any city zoning districts. j G. Commercial purpose: Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. 385347v2 MDT RS215 -6 19 H. Pet shops and commercial kennels. Animals kcpt in p Pet shops and of kennels must be operated shall be kcpt in accordance with any applicable state regulations rcgulating pct shops and kcnncls in addition to the regulations provided by this chapter. (Ord: XIV.24, 12 7 2001) Section 12. Section 7 -4B -11 of the Rosemount City Code is amended and renumbered as follows: 7 -4B -10 41: HORSE REGULATIONS: A. The keeping of horses is aft allowed permitted use in the agricultural and rural residential zoning districts, provided: 1. The minimum lot size is at least two and one -half (2.5) acres. 2. Number Of Horses: The number of horses rrifty does not exceed one horse per one acre. B. Exceptions: 1. Miniature horses: the number of miniature horses allowed per acre is shall be three (3). B: 2. Commercial stables: Horses kept in commercial stables, may exceed thise limits. However, all regulations regarding the welfare, care, and keeping of horses, manure management and any other applicable ordinance, statute, or regulation shall be met. C. It shall be unlawful for any person to ride or drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public right of way without appropriate lighting or reflective material. D. It shall be unlawful for any person to ride, drive or otherwise take a horse into any public park or other public property, except within the right of way of public streets. E. Every person riding a horse or driving a horse drawn vehicle shall be subject to the applicable provisions of this code and Minnesota state statutes regulating motor vehicle traffic. (Ord XIV.24, 12 7 2001) Section 13. Section 7 -4B -12 of the Rosemount City Code is amended and renumbered as follows: 7-4B-11 12: MAINTENANCE OF FOWL AND BIRD A. Fowl Not To Be At Large: No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or birds be kept, raised or permitted to go on any street, park, lake or public ponding area. 385347v2 MDT RS215 -6 20 B. Limitation On Number: No more than three (3) fowl or birds and no more than 25 pigeons may be kept or rai3cd on any residential property in the city. C. Injury Or Annoyance To Others: No fowl or birds may be kept et-taised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. D. Impounding Of Fowl Or Birds: A fowl or bird at large in violation of this section may be impounded by the city, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanely euthanized or sold. A person reclaiming any impounded fowl or bird shall pay the cost of impounding and keeping the same. E. Feeding Within Loft Or Coop: Pigeons and fowl shall be fed within the confines of the loft or coop on the premises on which the pigeons or fowl are housed. F. Confinement: Pigeons and fowl must be confined to the loft or coop except for short periods of exercise during which time they may be permitted to exercise in the fenced enclosure area, or in the case of pigeons, to fly outside the loft. Section 14. Section 7 -4B -13 of the Rosemount City Code is repealed in its entirety. Section 15. Section 7 -4B -14 of the Rosemount City Code is amended and renumbered as follows: 7-4B-12 14: PREMISES REQUIREMENTS: A. Fcncc For Confinement; Commercial Kennels: 3tatutcs, 3cctions 317.50 347.52 and thin article. 385347v2 MDT RS215 -6 21 3. Fences and cnclo3urc3 to contain dangerous animals shall mcct the same requirements for 1. Must comply with all requirements in the Zoning Code. 2— s Shall be maintained and operated in a neat and sanitary manner. All refuse, garbage and animal waste shall be removed at least daily so as to keep the surrounding area free from obnoxious odors. C. Noise Nui3ancc: B. Lofts And Coops: 1. Lofts and coops must be cleaned and kept in a sanitary manner free of objectionable odors and wastes as often as necessary to prevent contamination of the animal(s) contained therein, and any other animals or humans who may come in contact with them, but in no case less than weekly. 2. Grains and food stored for the use of pigeons or fowl shall be kept in rodentproof containers. 4 3. The loft or coop shall be elevated a minimum of twelve inches (12 and a maximum of twenty four inches (24 above grade to ensure circulation beneath the loft or coop. 57 4. The loft or coop shall: 137 a. Have Be a maximum height of six feet (6'); e: b. Be screened from view by fencing or evergreen plantings with a minimum height of four feet (4'), unless the structure meets the standards for accessory structures in the Zoning Code; and 385347v2 MDT RS215 -6 22 c. Be set back a minimum of fifty feet 6-5 50') from any adjoining fesidentital principal structure, and a minimum of ten feet (10') from the property line. E7 C. Housing Facilities: All facilities for housing animals shall: 1. Be constructed of material appropriate for the animal involved; 2. Contain and restrain the animal they are designed or built to contain without causing injury to, or depriving the animal of necessary environmental elements; 3. Be maintained in good repair; 4. Be controlled as to temperature, ventilation, lighting, and humidity as necessary to provide conditions compatible with the health and comfort of the animal(s); 5. Be of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns; Conform with the front. side and rear yard setback standards for buildings in the zoning district where the structure is to be located; 7. Be cleaned as often as necessary to prevent contamination of the animals and any humans who may come in contact with them and to reduce objectionable odors, but in no case less than weekly; and 8. Be cleaned in a manner utilizing proper protocols, methods, equipment and materials recommended to minimize disease hazards or transmission as required by particular species of animal_ aid 9. Bc cleaned as necc33ary to reduce objectionable odors. XIV.24, 12 7 2001) On through lots be permitted on the side adjacent to the rear of the principal structure and shall meet the required front yard setback: and 10. On corner lots be prohibited in a side yard that is adjacent to a street or roadway. D. Enclosures: Enclosures confining domestic animals to an area of less than half of a rear yard area must comply with the property line setback standards for accessory structures. Section 16. Title 7, Chapter 4 of the Rosemount City Code is amended by adding the following new Article C: 385347v2 MDT RS215 -6 23 ARTICLE C. POTENTIALLY DANGEROUS AND DANGEROUS DOGS 7 -4C -1: ADOPTION BY REFERENCE 7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL 7 -4C -3: EXCEPTIONS 7 -4C -4: NOTICE TO OWNER 7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR DANGEROUS DOG 7 -4C -6: HEARING PROCEDURE 7 -4C -7: EFFECT OF FINDINGS 7 -4C -8: APPEAL 7 -4C -9: REVIEW OF DESIGNATION 7- 4C -10: REGISTRATION OF DANGEROUS DOGS 7- 4C -11: ADDITIONAL REQUIREMENTS 7- 4C -12: SEIZURE 7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP 7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES 7- 4C -15: PENALTIES 7 -4C -1: ADOPTION BY REFERENCE: Except as otherwise provided in sections 7 -4C -2 to 7- 4C -15, the regulatory and procedural provisions of Minn. Stat. §347.50 to 347.565 are adopted by reference. 7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL: A police officer, community service officer, or animal control officer may declare a dog to be dangerous or potentially dangerous. 7 -4C -3: EXCEPTIONS: A. The provisions of sections 7 -4C -1 to 7 -4C -15 do not apply to dogs used by law enforcement officials for police work. B. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: 1. committing a willful trespass or other tort upon the premises occupied by the owner of the do 2. provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or, 3. committing or attempting to commit a crime. 385347v2 MDT RS215 -6 24 7 -4C -4: NOTICE TO OWNER: If a dog is declared potentially dangerous or dangerous the police department will give notice, by delivering or mailing it to the owner of the dog. of intent to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in section 7- 4C -5(A) and the result of the failure to contest the designation as described in section 7- 4C -5(B) Immediately upon receipt of the notice, the dog owner must comply with the requirements of section 7 -4C -11 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR DANGEROUS DOG: A. If the dog owner has received a notice of intent to declare the dog as potentially dangerous or dangerous, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. This request must be made in writing and delivered to the police department within fourteen (14) days of receipt of the notice of intent to declare an animal as potentially dangerous or dangerous. B. If the owner fails to contest a notice within fourteen (14) days. the owner shall be considered as having forfeited the right to the hearing and the designation of the dog as potentially dangerous or dangerous is final. The police department will then issue a declaration of dangerous or potentially dangerous dog to the owner and the owner must immediately comply with all applicable requirements of this chapter or cause the dog to be humanely destroyed or removed from the city. 7 -4C -6: HEARING PROCEDURE: The animal control review panel will conduct the hearing. The panel will consist of the mayor, a council member, and a citizen representative. The panel will schedule a hearing and may call witnesses and review documents as needed to make a determination on the issue. Owners shall have the right to present evidence on their behalf and to cross examine any witnesses. A simple majority of the members of the panel is necessary for a finding that the animal is either dangerous or potentially dangerous. A finding supporting a designation of dangerous or potentially dangerous must be proven by a preponderance of the evidence. The decision of the animal control review panel shall be in writing and shall indicate the reasons for the findings. A copy of the findings shall be provided to animal control and the animal owner. If the panel upholds the designation of the dog. the owner is responsible for all costs up to a maximum of $1 000 associated with the hearing. 7 -4C -7: EFFECT OF FINDINGS: If the panel finds there is sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of this chapter or immediately cause the dog to be humanely destroyed or removed from the city limits. 385347v2 MDT RS215 -6 25 7 -4C -8: APPEAL: If the owner of the dog disputes the decision of the panel. the owner shall have the right to appeal the decision to the Rosemount city council. The appeal must be filed with the police department within fourteen (14) days of the panel's ruling. If the dog owner disputes the findings of the city council. the owner may appeal to the Minnesota court of appeals as provided by state law. 7 -4C -9: REVIEW OF DESIGNATION: Beginning six (6) months after a dog is declared potentially dangerous dog or dangerous. an owner may request annually that the animal control review panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age. neutering. environment, completion of obedience training that includes modification of aggressive behavior. or other factors. It the panel finds sufficient evidence that the dog's behavior has changed. the panel may rescind the potentially dangerous or dangerous dog designation. 7- 4C -10: REGISTRATION OF POTENTIALLY DANGEROUS AND DANGEROUS DOGS: A. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this section. B. Certificate of Registration. The City will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents: 1. evidence that a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the police department that there is a dangerous dog on the property; 2. a certificate of liability insurance issued by an insurance company authorized to conduct business. which specifically states that the owner is insured for any person injuries inflicted by the potentially dangerous or dangerous dog. in the amount of at least $300.000; 3. proof of payment of the required annual registration fee: and 4. proof that the owner has had microchip identification implanted in the dog as required under Minn. Stat. 347.515. C. Warning Sign. If the City issues a certificate of registration to the owner of a dangerous dog under section 7- 4C- 10(B). the City will provide. for posting on the owner's property. a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. D. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. 385347v2 MDT RS215 -6 26 E. Tag. A dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as dangerous. This tag must be affixed to the dog's collar and worn by the dog at all times. 7- 4C -11: ADDITIONAL REQUIREMENTS: A. Enclosure and Proper Restraint. An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. B. Registration Renewal. An owner of a potentially dangerous or dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered in its new jurisdiction. C. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the City police department in writing of the death of the dog or its transfer, and must, if requested by the police department, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. D. Sterilization. The City shall require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days. the City shall have the animal sterilized at the owner's expense. The owner may contest and appeal a decision requiring a dog to be sterilized in accordance with the procedures set forth in section 7- 4C -5(A). E. Rental Property. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of City notification if the dog is newly declared as potentially dangerous or dangerous and the owner keeps the dog on the property. F. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the dog has been declared potentially dangerous or dangerous. The seller must also notify the City police department with the new owner's name, address, and telephone number. G. Training Required: Any dangerous or potentially dangerous dog and its owner shall be required to attend and complete animal behavioral modification and socialization training, from a provider approved by the city. The costs for this training will be the responsibility of the animal owner. H. New Resident: If any dog comes into residency in the city and has been previously declared dangerous or potentially dangerous by another agency or jurisdiction within the state, the 385347v2 MDT RS215 -6 27 owner shall report this to the city police department within ten (10) days of taking up residency in the city. The owner must comply immediately with all requirements for posting. restraint, muzzling. and confinement. 7- 4C -12: SEIZURE: A. Immediate seizure. An animal control officer or any police officer may immediately seize any dangerous or potentially dangerous dog and /or issue a citation or summons to the owner of the dog if: 1. Within fourteen (14) days after the owner has received notice that the dog is dangerous, the dog is not validly registered and microchipped as required by this chapter: or 2. The dog is not maintained in a proper enclosure; or 3. The dog is outside the proper enclosure and is not muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible competent person; or 4. Fourteen (14) days after the owner has received notice that the dog is dangerous or potentially dangerous. the owner does not secure the proper liability insurance or surety bond as required by this chapter: or 5. After the owner has been notified that the dog is dangerous or potentially dangerous. the dog bites or attacks a person or domestic animal: or 6. The dog is not sterilized within 30 days pursuant to section 7- 4C- 11(D). B. Conviction. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper manner. and that the owner pay the costs incurred in confiscating. confining. and destroying the dog. C. Reclaimed. A dog seized under section 7- 4C -12(A) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees. and presenting proof to the police department that the requirements of sections 7 -4C -10 and 7 -4C -11 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. 35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. D. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of sections 7 -4C -10 or 7- 4C -11. and the person is charged with a subsequent violation relating to the same dog. the police department must seize the dog. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized. the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed. the dog may be disposed of as 385347v2 MDT RS215 -6 28 provided under Minn. Stat. 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding, and disposing of the dog. E. Disposition of Seized Dogs. 1. Right to hearing. The owner of any seized dog has the right to a hearing by the animal control review panel. The notice and hearing requirements in sections 7 -4C -4 to 7 -4C -8 will apply to a hearing requested under this Section. Any hearing requested under this Section will be held within 14 days of the request. In the event that the seizure is upheld by the Panel, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog owner. The Panel will issue a decision within ten days after the hearing. The decision will be hand delivered to the dog's owner or delivered via registered mail as soon as practical and a copy will be provided to the City police department. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of seizure. 7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP: A. Dog ownership prohibited. Except as provided in paragraph C of this Section. no person may own a dog if the person has been: 1. convicted of a third or subsequent violation of sections 7 -4C -10 or 7 -4C -11 or Minn. Stat. 347.515; 2. convicted of 2n degree manslaughter due to negligent or intentional use of a dog under a violation under Minn. Stat. 609.205. clause 4; 3. convicted of a gross misdemeanor harm caused by a dog under Minn. Stat. 609.226, subdivision 1; 4. been convicted of a violation under Minn. Stat. 609.226. subdivision 2; 5. had a dog ordered destroyed under section 7 -4C -14 and been convicted of one or more violations of sections 7- 4C -10. 7- 4C -11. Minn. Stat. 347.515 or 609.226. subdivision 2. B. Household members. If any member of a household is prohibited from owning a dog under paragraph A. unless specifically approved with or without restrictions by the City. no person in the household is permitted to own a dog. C. Dog ownership prohibition review. Beginning three years after a conviction under section 7- 4C-13(A) that prohibits a person from owning a dog. and annually thereafter. the person may request in writing to the City police department that the animal control review panel review the prohibition. The Panel may consider such facts as the seriousness of the violation or 385347v2 MDT RS215 -6 29 violations that led to the prohibition, any criminal convictions, or other facts that the Panel deems appropriate. The Panel may rescind the prohibition entirely or rescind it with limitations. The Panel also may establish conditions a person must meet before the prohibition is rescinded, including. but not limited to, successfully completing dog training or dog handling courses. If the Panel rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the Panel may permanently prohibit the person from owning a dog in this state. 7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES: A. Circumstances. Notwithstanding sections 7 -4C -10 to 7- 4C -13, a dog may be ordered destroyed in a proper and humane manner by the City police department if the dog: 1. inflicted substantial or great bodily harm on a human being on public or private property without provocation; 2. inflicted multiple bites on a human being on public or private property without provocation; 3. bit multiple human victims on public or private property in the same attack without provocation; or 4. bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. B. Hearing. The police department may not destroy the dog until the dog owner has had the opportunity for a hearing before the Animal Control Review Panel. 7- 4C -15: PENALTIES: A. Any person violating the provisions of sections 7 -4C -10 or 7- 4C -11, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to penalties specified for misdemeanors in Minn. Stat. 609.03, as amended from time to time. Each day that a violation exists shall constitute a separate offense. B. It is a misdemeanor to remove a microchip from a dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside. or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. C. A person who is convicted of a second or subsequent violation of paragraphs (A) or (B) is guilty of a gross misdemeanor. D. An owner who violates Minn. Stat. 347.542 or section 7 -4C -13 of this chapter is guilty of a gross misdemeanor. 385347v2 MDT RS215 -6 30 E. Any household member who knowingly violates Minn. Stat. 347.542. subdivision 2. or section 7 -4C -13 of this chapter is guilty of a gross misdemeanor. Section 17. Section 7 -4C -1 of the Rosemount City Code is amended and renumbered as follows: 7- 4ED -1: VIOLATION, REVOCATION AND HEARING: A. The council may revoke any registration, any other applicable local, state regulation. B. Before revoking a city animal for violation of this chapter or for violation of or federal law or registration, the animal owner shall be given notice of the meeting at which such revocation will be considered and if the owner is present at such meeting, an opportunity to be heard. Section 18. Section 19. Section 20. 1. Notice of such meeting shall be given to the owner in writing, mailed to the address of the owner as set forth in the application, and mailed at least five (5) days prior to the date of the meeting for consideration of the matter. 2. If the council finds, after hearing evidence and testimony, that a sufficient violation of-the erdinanees hasee occurred, it they may suspend, place conditions on Wit, or revoke the animal registration. The council may also take any appropriate action to abate a public nuisance caused by an animal or its owner. 385347v2 MDT RS215 -6 3. If, a ter r °..ti.._ taken, the owner does not comply with the council action, then the City may seize and hold the animal pursuant to applicable laws. 2001) 4. Registration and hearings related to potentially dangerous and dangerous dogs are governed by Article C of this Chapter. Section 7 -4C -2 of the Rosemount City Code is repealed in its entirety. Section 7 -4C -3 of the Rosemount City Code is repealed in its entirety. Section 7 -4C -4 of the Rosemount City Code is amended and renumbered as follows: 31 7 4C 4: 7 4D -2: PENALTIES: Unless otherwise provided in this chapter, Aany person(s) who shall violates the terms or this chapter shall be guilty of a misdemeanor and upon conviction, a- violation shall be punishable by a fine or imprisonment, or both, as provided stipulated by Minnesota state statutes. A. —E-x option If Ppenalties greater than those set forth in this section are allowed unposed by Minnesota state statute, for various sections of this-chapter. In such casts the more severe penalties may shall be applied. (Ord. XIV.24, 12 7 2001) Section 21. Section 7 -4C -5 of the Rosemount City Code is amended and renumbered as follows: 7 -4C 5: 7 -4D -3: STATUTORY CITATIONS: ns References to Minnesota state statutes in this control chapter also include any amendments to those statutes. {Ord. XIV.21, 12 7 2001) Section 22. Section 7 -4C -6 of the Rosemount City Code is amended and renumbered as follows: 7 -4C 6: 7 -4D -4: CONFLICT OF CHAPTER: In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code in this city, the provision which establishes the higher standard for the promotion and protection of the health and safety of people or animals shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date of this chapter which established a lower standard for the promotion and protection of the health and safety of people or animals, the provision of this chapter shall be deemed to prevail. The determination of the applicability of this chapter, in light of the above rules of interpretation, shall be made by the city and its determination shall be final. (Ord. XIV.24, 12 7 2004) Section 23. This ordinance shall be in effect following its passage and publication. Adopted this 1" day of August, 2011, by the City Council of the City of Rosemount, Minnesota. ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages the 11 day of August, 2011. 385347v2 MDT RS215 -6 32 William H. Droste, Mayor