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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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Of
385347v2 MDT RS215 -6
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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
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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
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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.
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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.
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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