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The Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
)SS.
COUNTY OF DAKOTA )
Chad Richardson, being duly swom, on oath says that he is an authorized
agent and employee of the publisher of the newspaper, known as The
Rosemount Town Pages, and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting
qualification as a legal newspaper, as provided by Minnesota Statutes
311A.02, 331 A.0 d other app lile jaws, as amended.
(B) The printed
1
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week for successive
weeks; it was first published on Thursday, the day of
2004 and was thereafter printed and published on every
Thursday, to and including Thursday, the day of
, 2004; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and
publication of the notice:
• abcdefghijklmnnpgrstuvwzyz
By:
Subscribed and sworn to-b0ore me on this day
of 2004.
1
Notary blic
AFFIDAVIT DAWN M SMITH
NOTARY PUBLIC - MINNESOTA
My Cura ssiM Expires Jan. 31, 2005
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F In sertion: i
F irs t In
File #
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Additional Insertions:
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CITY OF ROSEMOUNT
NOTICEOF PUBLIC
HEARING
Adopting a New
Animal Ordinance
City Code Title 7, Chapter 4
To Whom It May Concern:
Notice is hereby given; the City Council of the City
of Rosemount will hold a Public Hearing on Tuesday,
October 19th, 2004, in the Council Chambers of the
City Hall, 2875 145th Street West, in Rosemount,
Minnesota, beginning. at 7:30 p.m. or as soon there-
after as possible. The Public Hearing pertains to
amendments to the City. Code. related to animal con-
trol.
The purpose of the public hearing is to consider the
repeal of the portion of the Rosemount City Code that
deals with animal regulations in Title 7, and the adop.
tion of a new animal ordinance.
Persons wishing to speak on this issue are invited to
attend and be heard at this scheduled hearing.
Formal written comments will also be accepted prior
to the meeting dates. Please forward all written com
ments and/or inquiries to the Planning Department of
the City of Rosemount or call 651- 322 -2051.
Dated this 4th Day of October, 2004.
/s/ Linda )entink, City Clerk
City of Rosemount
Dakota County, Minnesota
Auxiliary aids and services are available - Please con-
tact the Ciiy Clerk at 651- 322 -2003 or 651.322.6219
(TDD number) to make a request five days prior to the
meeting. Examples of auxiliary aids or services may
include: sign language interpreter, assistive listening
Atr, meesstblemeeting location, etc.
10 /08
N
Affidavit fee $
Total $
SUMMARY
A Public Hearing was held at the Planning Commission Meeting on September 28, 2004.
This hearing was required because of the recommended changes to the Zoning
Ordinance. There were no comments made by the public at this hearing and the
Planning Commission passed a motion in support of the recommended changes to the
Zoning Ordinance.
The recommended amendments to City Code 7 -4 include revisions based upon the
implementation and administration of the ordinance. The major revisions include:
1. Regulations regarding potentially dangerous and dangerous dogs will now follow
Minnesota State Statute with one exception. The proposal would require owners
of dogs declared potentially dangerous to attend and complete, with their dog,
animal behavioral modification and socialization training.
2. A provision is included to allow any type of animal to be declared dangerous and
to have restrictions placed on the keeping of any animal declared dangerous.
3. The list of animals included as prohibited is expanded, in part to be consistent
with the new state statute on regulated animals. The expanded list now prohibits
monkeys of all sizes; venomous, constricting and inherently dangerous members
of the reptile and amphibian families.
4. The acreage required to keep horses in agricultural and rural residential areas is
changed to 2.5 acres from 5 acres — with a limit of one horse per acre.
5. Owners /riders of horses on public streets or roadways will be required to clean up
any horse manure on the public streets or roadways just as dog owners are
required to clean up feces when on public property.
6. Residential kennels will again be required to be registered and will be required for
any residence with three (3) or more dogs, cats or ferrets in any combination.
The current ordinance does not require registration of kennels, rather it limits the
total number of dogs, cats or ferrets to a total of five (5) in any combination. Five
(5) remains the maximum number of dogs, cats or ferrets in any combination that
is permitted.
7. The service animal definition correlates with the ADA definition of service animal.
2
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING REGULATIONS
PERTAINING TO THE CARE AND KEEPING OF ANIMALS WITHIN THE CITY
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. The following definitions in Section 3.2 of the Rosemount Zoning Regulations are
repealed in their entirety and are replaced with new text in Chapter 7 -4 of the Rosemount City
Code to be known as the Animal Ordinance.
TAO I ST
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faffn animals
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beafs and figefs and ether- s;ueh animal's-7-
e
2s.2'i2'�PL _ fty . 1 _ eta - r prem fef the"sa7 f d -s
f ,
eats ef othef household pets. Keme! sha4l mean thfee (3) ef ffi,er
anifna4s evef six (6) months ef age.
Section 2. The following definition in Section 3.2 of the Rosemount Zoning Regulations is
amended as follows:
AGRICULTURE: The use of the land for agricultural purposes, including farming,
dairying, pasturage, horticulture, storage, animal and poultry
husbandry and accessory uses and buildings. The care and
keeping of agricultural animals is also subject to the regulations
for the care and keeping of animals within the city contained in
Chapter 7 -4 of the Rosemount City Code.
Section 3. Section 4.10 of the Rosemount Zoning Regulations is amended as follows.
4.10: ANIMALS: The care and keeping of animals within the city is subject to the regulations
contained in Chapter 7 -4 of the Rosemount City Code.
A. Keeping Animals. The fellewing anim�s may be kept in the Git)-
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yard afea must eaafat:m with the pr-apefty line sethaek standar-ds fef aeeesseif�,
buildings. (Seefieft 7.2."
afiiffia4s in good heal�.
5. ArAfna4s kept in pet shops of kennels shall be kept in aeeefdafiee with Fegula-fie
for pet sheps and kefffiels ift addition to the fegula4iens provided by diis
E)rdiftanee. (Ord. ,
Section 4. Sections 6.1 (B) (5) and 6.1 (D) (4) of the Rosemount Zoning Regulations are
amended as follows:
6.1: B
5. Keeping of Horses, provided:
-a. The site shall not be less Offin five (5) IIISMe
ba. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
eb. .
Subject to the regulations regarding the care and keeping of horses within the
city contained in Chapter 7 -4 of the Rosemount City Code.
6.1: D
4. Kennels, provided:
a. The site shall not be less than twenty (20) acres in size.
3
b. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
c. Subject to the regulations regarding the care and keeping of animals within the
city contained in Chapter 7 -4 of the Rosemount City Code
Section 5. Sections 6.2 (B) (2) and (B) (4) of the Rosemount Zoning Regulations are
amended as follows:
6.2: B
2. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and
Commercial Horse Stables provided;
a. The site shall not be less than twenty (20) acres in size;
b. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
c. Subject to the regulations regarding the care and keeping of animals within the
cily contained in Chapter 7 -4 of the Rosemount City Code.
6.2: B
4. Keeping of Horses, provided:
a. The site shall net be less than five (5)
b =a.All structures shall be located a minimum of seventy -five (75) feet from all f
residential property lines.
e b.
Subject to the regulations regarding the care and keeping of horses within the
city contained in Chapter 7 -4 of the Rosemount City Code.
Section 6. Section 6.3 (B) (1), (B) (3) and (D) (3) of the Rosemount Zoning Regulations are
amended as follows:
6.3: B
1. Commercial Horse Stables, provided:
a. Lot is not less than twenty (20) acres;
4
b. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
c. Subject to the regulations regarding the care and keeping of horses within the
city contained in Chapter 7 -4 of the Rosemount City Code.
6.3: B
3. Keeping of Horses, provided:
a The to sh net b less tha fi icy o
lea. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
e:b. .
Subject to the regulations regarding the care and keeping of horses within the
city contained in Chapter 7 -4 of the Rosemount City Code.
6.3: D
3. Kennels, provided:
a. The site shall not be less than twenty (20) acres in size.
b. All structures shall be located a minimum of seventy -five (75) feet from all
residential property lines.
d�c.No outdoor keeping of animals or dog runs shall be permitted.
e-A Subject to the regulations regarding the care and keeping of animals within the
city contained in Chapter 7 -4 of the Rosemount City Code.
Section 7. Section 6.11 (B) (15) of the Rosemount Zoning Regulations is amended as
follows:
6.11: B
15. Veterinary Clinic, not including outdoor runs or kennels. Subject to the regulations
regarding the care and keeping of animals within the city contained in Chapter 7 -4 of the
Rosemount City Code
5
Section 8. Section 6.13 (B) (14) of the Rosemount Zoning Regulations is amended as
follows:
6.13: B
14. Veterinary Services, not including outdoor runs or kennels. Subject to the
regulations regarding the care and keeping of animals within the city contained in
Chapter 7 -4 of the Rosemount City Code.
Section 9. Section 6.14 (B) (24) of the Rosemount Zoning Regulations is amended as
follows:
6.14: B
24. Veterinary Services, not including outdoor runs or kennels. Subject to the
regulations regarding the care and keeping of animals within the city contained in
Chapter 7 -4 of the Rosemount City Code.
6
Section 10. This ordinance will become effective from and after its date of publication.
Adopted this _' day of , 2004.
William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages, the day of 92004.
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO ANIMAL
CONTROL IN THE CITY OF ROSEMOUNT.
It is the purpose of this ordinance to protect and promote public health, safety and the general
welfare of humans and animals. To regulate the care and keeping of animals within the city. To
reduce or eliminate the encroachment on private property, public right of ways, and public
property of unrestrained, unregistered, unvaccinated, prohibited, or dangerous animals and the
risks posed to humans and other animals caused by the improper care, control, and keeping of
animals.
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1: Rosemount City Code, Section 7 -4A -1; through 7 -4A -17 are repealed in their entirety
and replaced with the following text to be known as the Animal Ordinance:
CHAPTER 7 -4
ANIMAL CONTROL
7 -4A -1: Definitions
7 -4A -2: Officers appointed To Enforce Chapter
7 -4A -3: Interference With Officers
7 -4A -4: Animal Shelter Provided
7 -4A -5: Rabies, Disasters, Animal Bites, and Zoonotic Disease Prevention
7 -4B -1: Animal Registration Provisions
7 -4B -2: Registration of Kennels, Lofts, Coops, Dangerous Dogs and Dangerous Animals
7 -4B -3: Restraint of Animals Required
7 -4B -4: Animal Tag, Collar and Microchipping Requirements
74B -5; Animal Care and Maintenance Requirements
7 -4B -6: Animal Confinement Provisions .
7 -4B-7: Impounding and Disposal of Animals
7 -4B-8: Noise Nuisances
7 -4B -9: Disposal of Animal Feces
7- 4B -10: Keeping of Animals
74B -11: Horse Regulations
74B -12: Maintenance of Fowl and Birds/Feeding of Animals.
7- 4B -13: Dangerous Animals
7- 4B -14: Premises Requirements
7 -4C -1: Revocation and Hearing Processes
7 -4C -2: Proceedings: Abatement of Nuisance Caused By Animals
7 -4C -3: Exemptions From Provisions
7 -4C -4: Penalties
7 -4C -5: Statutory Citations
7 -4C -6: Conflict of Chapters
CLL- 242767v2 1
RS215 -4
7 -4A -1: 7 -4A -1:
ADMINISTRATION AND ENFORCEMENT
7 -4A -1: DEFINITIONS: As used in this Chapter, the following terms have the
following meanings:
ANIMAL "Animal" shall mean any non -human mammal, reptile, amphibian, fish,
bird (including all fowl and poultry) or other member commonly accepted
as a part of the animal kingdom.
ANIMALS, ALLOWED
"Allowed Animals" shall mean 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, non - poisonous, non-
venomous and non- constricting reptiles or amphibians, and other similar
animals. Trained service animals that are assisting disabled persons.
ANIMAL, DANGEROUS
"Dangerous Animal" Shall mean an allowed or wild animal that
habitually charges, chases, or approaches humans or other domestic
animals in an attitude of attack, or attacks and causes substantial or great
bodily harm or death to humans or other domestic animals.
ANIMAL, FARM
"Farm Animal" shall mean cattle, horses, ponies, mules, sheep, goats,
swine (including potbellied pigs and other miniature varieties), ducks,
geese, turkeys, chickens, and other animals of husbandry.
ANIMALS, PROHIBITED
"Prohibited Animals" Shall mean those animals that are commonly
considered to be naturally wild and not naturally trained or domesticated,
or that are commonly considered to be inherently dangerous to the health,
safety and welfare of people. Unless otherwise defined such animals shall
include:
1. Any member of the large cat family (family felidae) including, but
not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but
excluding commonly accepted domesticated house cats.
2. Any naturally wild member of the canine family (family canidae)
including, but not limited to, wolves, foxes, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated dogs.
CLLr242767v2 2
RS215 -4
7 -4A -1: 7 -4A -1:
3. Any crossbreeds between a wild and a domestic animal such as, but
not limited to, the crossbreed between a wolf and a dog, or a wildcat
and a domestic cat. This specifically includes any hybrid, or cross
between a domestic, non- domestic, wild or exotic animal. The
offspring from all subsequent generations of such crosses or hybrids
are also considered non - domesticated animals.
4. Any poisonous, venomous, constricting, or inherently dangerous
member of the reptile or amphibian families including, but not
limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and
alligators.
5. Any non -human primates including but not limited to; orangutans,
chimpanzee and gorillas, gibbons and siamangs, macaques, or any
other ape or monkey. -
6. Any member or relative of the rodent, mustelid, marsupial
(metatheria) or procyonidae family including, but not limited to, any
skunk (whether descented or not) raccoon, squirrel, opossum, or
prairie dog, but excluding those members otherwise defined as or
commonly accepted as domesticated pets.
7. Any other animal that is not an allowed animal
ANIMAL, WILD
"Animals Wild" shall mean any animals that are customarily found in
the wild.
AT LARGE Any animal is considered to be "at large" at any time when it is not
under restraint as herein required.
COMMERCIAL KENNEL
"Commercial Kennel" shall mean a place where more than three (3)
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 "Coop" shall mean any structure used for the keeping of fowl.
CLL- 242767v2 3
Rs215-4
7 -4A -1: 7 -4A -1:
CUSTODY AND CONTROL:
"Custody and Control" shall mean any person, persons, firm,
association or corporations owning, keeping, harboring, transporting or
maintaining any animal within the city or permitting such animal to be at
large within the city. Any person caring for or in custody or control of any
animal shall be of sufficient age, knowledge and experience to adequately
and safely care for and control the animal.
DANGEROUS
Dangerous shall mean able or likely to inflict injury or harm.
DOG, DANGEROUS "Dangerous Dog" shall mean any dog that:
1. Has without provocation, inflicted substantial bodily harm on a
human being while on public or private property.
2. Has killed a domestic animal without provocation while off the
owner's property; or
3. Having been found to be potentially dangerous, aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
DOG, POTENTIALLY DANGEROUS
"Potentially Dangerous Dog" shall mean any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on
public or private property;
2. 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
3. Has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of
humans or domestic animals.
FIERCE Fierce shall mean violently hostile or aggressive in temperament.
CLL- 242767v2 4
RS215 -4
74A -1: 7 -4A -1:
GREAT BODILY HARM
"Great Bodily Harm" shall mean as follows:
1. As relates to Dangerous Dogs, the term "Great Bodily Harm" has the
meaning given it under Minnesota Statutes, Section 609.02 Subd. 8;
and.
2. As relates to prevention of cruelty to animals "Great Bodily Harm"
shall have the meaning given it under Minnesota Statutes, Section
343.20 Subd. 9.
3. As relates to allowed animals that attack other allowed animals,
farm animals, or humans the term has the meaning given it under
Minnesota Statutes, Section 609.02 Subd. 8.
HORSE "Horse" shall mean any breed of horse, pony, mule, ass or similar
animal.
KENNEL NUISANCE
"Kennel Nuisance" shall mean causing a nuisance or discomfort to
persons in the area by, smell, noise, hazard, or intrusion created by
animals kept in a residential or commercial kennel on property within the
city.
LOFT "Loft" shall mean any and all quarters in which pigeons are housed.
OWNER "Owner" shall mean 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
"Pet or Companion Animal" shall mean any animal owned, possessed
by, cared for, or controlled by a person for the present or future enjoyment
of that person or another as a pet or companion, or any stray pet or stray
companion animal.
POTENTIALLY DANGEROUS ANIMAL
"Potentially Dangerous Animal" shall mean any allowed or wild animal
that: when unprovoked, inflicts bites on a human, or other allowed animal
on public or private property; or, when unprovoked, chases or approaches
a person, including a person on a bicycle, upon the streets, sidewalks, or
CLL- 242767v2 5
RS215 -4
74A -1: 7 -4A -1:
any public or private property, other than the animal owner's property, in
an apparent attitude of attack; or, has a known propensity, tendency, or
disposition to attack unprovoked, causing 'injury or otherwise threatening
the safety of humans or other animals.
PROPER ENCLOSURE:
"Proper enclosure" shall mean 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.
PUBLIC PROPERTY:
"Public Property" shall mean any sidewalk, path, trail, street or
highway, including the entire width between the boundary lines of every
way publicly maintained for the purposes of vehicular travel, and shall
also mean any other publicly owned property or facility.
PIGEON "Pigeon" shall mean any and all varieties of pigeons.
RESIDENTIAL KENNEL
"Residential Kennel" shall mean a place where three (3) or more dogs,
cats, or ferrets over six (6) months of age are kept on premises that are
zoned and occupied for residential purposes, and where the keeping of
such animals is incidental to the occupancy of the premises for residential
purposes.
RESTRAINT A dog, cat, or ferret is said to be under "restraint" if it is controlled by
a leash; if it is under voice or signal command of a competent person,
providing that the dog, cat or ferret will obey such voice or signal
commands; it is within the limits of the owner's property; or while it is
confined within a vehicle being driven or parked in the street. A dog, cat,
or ferret is considered to be under restraint on a right of way, park or
public property only when it is controlled with the use of a leash no longer
than six feet (6') or when it is under voice or signal command in the
exercise areas 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 Dangerous Dogs and Dangerous
Animals must be restrained as required by other sections of this ordinance.
CLL- 242767v2 6
RS215 -4
7 -4A -1: 7 -4A -3:
RIGHT OF WAY:
"Right of Way" shall mean a street, alley, sidewalk, path, trail or
easement permanently established for the passage of persons and vehicles
including the traveled surface of lands adjacent that are formally dedicated
to such usage.
SERVICE ANIMAL
"Service Animal" shall mean 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. Service animals are working animals, not pets.
SUBSTANTIAL BODILY HARM
"Substantial Bodily Harm" shall mean bodily injury that involves a
temporary but substantial disfigurement, or a temporary but substantial
loss or impairment of the function of any bodily member or organ, or a
fracture of any bodily member to a service animal or a pet or companion
animal.
USE PERMITTED BY RIGHT:
"Use Permitted by Right" shall mean a use which is unconditionally
permitted in the zoning district under which it is listed.
VICIOUS Vicious shall mean dangerously aggressive.
YARD or SETBACK
"Yard or Setback" shall mean a required open space on a lot, that is
unoccupied and unobstructed from the ground upward, except as
otherwise provided for herein. The measurement.of a yard shall be
construed as the minimum horizontal distance between the lot line and the
building line.
YARD, STREET -SIDE
"Street -side Yard" shall mean a side yard that is adjacent to a street.
ZOONOTIC DISEASE
"Zoonotic Disease" shall mean any disease that can be transmitted from
animal to human being.
CLL- 242767v2 7
RS215 -4
7 -4A -2: 74A -5:
74A -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, hinder or molest them in the exercise of such powers.
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.
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.
7 -4A -5: RABIES, DISASTERS, ANIMAL BITES, AND ZOONOTIC
DISEASE PREVENTION:
A. Emergency Proclamations:
1. Whenever the prevalence of rabies renders such action necessary to protect the
public health and safety, the Council shall issue a proclamation ordering every
person owning or keeping a pet to keep the pet confined by chain, enclosure, or
other means necessary to prevent the spread of disease.
2. In the event of a disaster situation the Council may establish regulation for the
care, keeping, confinement, and disposal of animals or carcasses as is necessary to
protect the public health, animal health and welfare, and to prevent the spread of
disease.
3. No person shall violate such proclamation or regulation; and any animal or
carcass not confined, kept, or disposed of as directed in such proclamation or
regulation, shall be subject to the penalty provided.
B. Veterinarian Reports of Rabies or Zoonotic Disease Suspects: It shall be the duty
of every licensed veterinarian to report to the City Police Department the diagnosis of
any animal within the City considered to be a rabies suspect or suspect of any other
zoonotic disease that may pose a significant threat to the public health or other animal
populations.
CLL- 242767v2 8
RS215-4
74B -1: 7 -411-1:
7 -411-1 ANIMAL REGISTRATION PROVISIONS:
A. Requirements:
1. No person in the City shall own, harbor or keep a dog, cat, or ferret over six (6)
months of age, within the City, unless a current City registration for such dog, cat,
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, harbor or keep a registered Dangerous Dog or
Dangerous Animal within the City, unless a current City Dangerous Dog or
Dangerous Animal registration for such dog has been obtained as herein provided.
B. Application:
3. 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, cat, ferret and owner.
4. Application for City Dangerous Dog or Dangerous Animal registration shall
be made to the Police Department. It shall include:
a. The City Registration information;
b. The required microchip, bond or liability insurance, secure enclosure, and
posting information required under Minnesota Statute, Sections 347.51-
347.52; these requirements also apply to Dangerous Animal registrations;
c. A detailed description of any distinguishing marks or coloration that would
aid in the identification of the animal.
d. A current photograph of the animal.
C. Term of Validity:
5. 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.
6. City Dangerous Dog/Dangerous Animal registrations shall be valid for one (1)
year. All required vaccinations must be valid for a one (1) year period, or the
registration will be limited to the valid team of any and all required vaccinations.
CLL- 242767v2 9
RS215 -4
7 -4B -1: 7 -4B -1:
D. Fees:
1. City Registration:
a. The City registration fee shall be set by Council resolution and reviewed
annually. The following provisions shall also apply:
b. Spayed or neutered dogs, cats, or ferrets shall qualify for a discount of half
(1/2) of the normal fee.
c. Spayed or neutered dogs, cats, or ferrets shall qualify for a multi -year
registration. This multi -year registration shall expire on the date the rabies
certification expires.
d. Non- spayed or non- neutered dogs, cats and ferrets. Non- spayed or non -
neutered dogs and cats shall only be eligible for a yearly registration. The
cost for the registration shall not be discounted. Non- neutered or non- spayed
ferrets over six (6) months of age shall not be licensed and shall not be
allowed in the city.
e. Service Animals, or Police Canines, shall be required to be registered but the
normal fee will be waived.
f. 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 Dangerous Dog, and Dangerous Animal Registration:
a. The City Dangerous Dog and Animal registration fee shall be set by
Council and reviewed annually.
E. Vaccination: All animals, In order to be registered:
1. Shall be vaccinated by a currently state licensed veterinarian.
2. Shall have a current rabies vaccination, if required, and such vaccination shall
be effective for the entire registration period.
3. Current status of vaccinations will be determined by a veterinarian certification.
A copy of said certificate must be submitted with and a copy retained with the
application for registration.
CLL- 242767v2 10
Rs215-4
7 -4B -1:
7 -4B -2:
F. 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.
G. Transfer of Registration: If a dog, cat, or ferret dies within the registration period
and a dog, cat, or ferret is secured to replace it, the registration for the deceased
animal may be transferred to the replacement animal upon payment of a transfer fee
of one -half (1/2) of the original fee and compliance with all other ordinances.
H. New Resident Exemptions:
1. Any dog, cat, 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.
7 -413-2: REGISTRATION PROVISIONS FOR KENNELS, LOFTS, COOPS,
DANGEROUS DOG, AND DANGEROUS ANIMAL:
A. Registration, Requirements and Fees: No person shall: Operate a commercial or
residential kennel; Maintain a loft for the keeping of pigeons; Maintain a coop for the
keeping of fowl; Maintain, keep, or harbor a dog that has been declared dangerous
and registered as dangerous under Minnesota Statutes; or an animal that has been
declared dangerous under the requirements of this Chapter, without first obtaining
any required City registration and paying all fees as required in this Chapter.
B. A Kennel, Loft, Coop, Dangerous Dog, or Dangerous Animal application must be
made to the Police Department and shall be accompanied by the specified registration
fee, all documentation required, and a site plan, if required.
1. Commercial Kennels:
a. Commercial Kennels must house all animals indoors between the hours of
sunset and sunrise.
b. Commercial Kennels are allowed in all areas zoned Agricultural or
commercial, except C -1 and C -2.
c. Occupants of all privately owned real estate abutting the premises for
which the registration is sought shall be notified of the application by a
mailing from designated city staff.
2. Residential Kennels:
a. Residential Kennels may keep a litter for a period of three (3) months before
such keeping shall be deemed to be a "kennel ".
CLL- 242767v2 11
RS215 -4
7 -413-2: 7 -4B -2:
b. Residential Kennels may not have a total of more than five (5) dogs, cats, or
ferrets in combination.
c. Residential Kennels are allowed in all areas zoned residential or agricultural.
d. Occupants of all privately owned real estate abutting the premises for
which the registration is sought shall be notified of the application by a
mailing from designated city staff.
3. Application content, Kennel Registration: The application for a kennel
registration shall state;
a. The name and address of the owner of a residential kennel; and the owner and
operator of a commercial kennel.
b. The address where the kennel is to be located,
c. A site plan for review,
d. Any required secure enclosure details,
e. The number of dogs, cats, or ferrets proposed to be kept.
4. Dangerous Dog and Dangerous Animal Registrations must meet all
requirements for the keeping and registration of Dangerous Dogs per Minnesota
Statutes; Sections 347.51 - 347.52, and any other requirements of this Code.
5. Application content, Dangerous Dog or Dangerous Animal Registration: The
application for a dangerous dog or dangerous animal registration shall state;
a. The name and address of the dangerous dog or dangerous animal owner,
b. The location where the dangerous dog or dangerous animal is to be kept,
c. All required secure enclosure details,
d. All required vaccination or health records,
e. All required microchipping details,
f. All required posting details,
CLL-242767v2 12
RS215 -4
7 -4B -2: 7 -4B -2:
6. Pigeons Loft or Fowl Coop Registration.
a. No person may keep pigeons or fowl on any residential premises in the
city without first obtaining a registration as provided in this section. Pigeons
or fowl may not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent properties.
b. Not more than twenty -five (25) pigeons may be kept on any residential
premise.
c. No more than three (3) fowl of any other species may be kept on any
residential premise, and no rooster may be kept on a residential premise.
d. Pigeon or Fowl Registration Application. Application for a license to keep
pigeons or fowl on residential property shall be made to the Police
Department and accompanied by the specified license fee.
e. Licenses shall be issued on an annual basis.
f. Occupants of all privately owned real estate abutting the premises for
which the registration is sought shall be notified of the application by a
mailing from designated city staff.
g. Transfer of registration for coops for the keeping of fowl and lofts for the
keeping of pigeons are non - transferable.
h. The registration application shall include:
i. The name and address of the coop or loft owner.
ii. The address where the coop or loft is to be located,
iii. A site plan for review,
iv. All required secure enclosure details,
V. The number of fowl or pigeons proposed to be kept.
C. Issuance, suspension, or contestation:
1. The Police Department will issue the registration if all requirements are met,
or;
CLL- 242767v2 13
RS215 -4
7-413-2•
7 -4B -2:
2. 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.
3. If there are written protests from surrounding property owners or staff the
application and documentation will be forwarded to the City Council, which may
grant, limit, or deny the registration.
4. Contesting Declaration of Dangerous or Potentially Dangerous Dog or
Animal. If the owner of an animal has received a notice of intent to declare the
animal as a Potentially Dangerous or Dangerous Animal, 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 14 days of receipt of the notice of intent to declare an animal
as Potentially Dangerous or Dangerous.
a. Initial Review. Upon receipt of such request, the supervisor of the animal
control unit will forward the request along with all necessary supporting
documentation to the City Attorney. The City Attorney will make an initial
review of the evidence surrounding the notice to determine if there is
sufficient evidence supporting the designation to convene a hearing of the
Animal Control Review Panel. If there is insufficient evidence supporting the
designation, the City Attorney shall withdraw the designation and none of the
requirements of this ordinance applying to dangerous or potentially dangerous
animals shall apply to the animal in question. If there is sufficient evidence
that the Animal Control Review Panel could uphold the designation, the City
Attorney will cause this notice to be brought to the attention of the Review
Panel that will conduct the hearing.
b. Failure to Contest Notice of Intent to Declare. If the owner of an animal
receives a notice from the Animal Control Unit of the intent to declare an
animal as Potentially Dangerous or Dangerous, and the owner fails to contest
that notice within 14 days, the owner shall be considered as having forfeited
the right to the hearing and as having consented to the designation of the dog
as Potentially Dangerous or Dangerous by default. The Animal Control Unit
will then issue a declaration of Dangerous or Potentially Dangerous animal to
the owner and the owner must immediately comply with all applicable
requirements of this Chapter or cause the animal to be humanely destroyed or
removed from the City.
CLL-242767v2 14
RS215-4
74B -2: 7 -413-2:
c. Hearing Procedure. The Animal Control Review Panel will consist of the
Mayor, a council member, and a citizen representative, preferably a
veterinarian. 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. The
burden of proof is on Animal Control. A finding supporting a designation of
Dangerous or Potentially Dangerous animal 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.
d. Mayor to Appoint Citizen Representative and Substitute Panel Members.
The Mayor of the City of Rosemount shall appoint a citizen representative,
preferably a veterinarian, to serve on a hearing panel on a voluntary basis.
Such appointment shall continue in effect until the appointee resigns or is
replaced by the Mayor. In the event the citizen representative is temporarily
unavailable or has a personal interest in the outcome of the proceeding, the
mayor may appoint another citizen representative to replace the initial
appointee on the Panel. In addition, in the event the Mayor or relevant council
member is temporarily unavailable or has a personal interest in the outcome of
the proceeding, the mayor may appoint other members of the city council or
city staff to sit in their place.
e. Appeal. If the owner of the animal disputes the decision of the Animal
Control Review 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 14 days of the panel's ruling. If the owner of the animal
disputes the findings of the City Council, the owner may appeal to the
Minnesota Court of Appeals as provided by state law.
f. Effect of Findings. If the panel finds there is sufficient basis to declare an
animal as Potentially Dangerous or Dangerous, that finding will serve as
notice to the owner that the animal is in fact a Potentially Dangerous or
Dangerous Animal and the owner must immediately comply with all
applicable requirements of this Chapter or immediately cause the animal to be
humanely destroyed or removed from the City limits.
CLL- 242767v2 15
RS215 -4
7 -4B -2: 7 -4B -2:
g. Potentially Dangerous or Dangerous Dog Designation Review. Beginning
six months after a dog is declared a Potentially Dangerous Dog or Dangerous
Dog, 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 Animal Control Review Panel finds
sufficient evidence that the dog's behavior has changed, the authority may
rescind the Potentially Dangerous or Dangerous Dog designation.
5. Seizure of Dangerous or Potentially Dangerous Animals and Violations. An
animal control officer or any police officer may immediately seize any Dangerous
or Potentially Dangerous Dog or Dangerous Animal and/or issue a citation or
summons to the owner of any dangerous dog or animal if:
a. Within 14 days after the owner has received notice that the animal is
dangerous, the animal is not validly registered and microchipped as required
by this Chapter; or
b. the animal is not maintained in a proper enclosure; or
c. the animal 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
d. 14 days after the owner has received notice that the animal is Dangerous or
Potentially Dangerous, the owner does not secure the proper liability
insurance or surety bond as required by this Chapter; or
e. after the owner has been notified that the animal is Dangerous or Potentially
Dangerous, the animal bites or attacks a person or domestic animal.
6. Confiscation and Destruction of Dangerous Animals. If the owner of a
dangerous animal is convicted of a crime for which the animal was originally
seized, the court may order that the animal be confiscated and destroyed in a
proper and humane manner, and that the owner pay the costs incurred in the
confiscating, confining, and destruction of the animal.
7. Sterilization of Dangerous Dogs in certain circumstances. Animal control may
order the sterilization of a dangerous dog at the owner's expense. The owner may
appeal the order for sterilization in the same manner as a Dangerous Dog
Declaration. If the owner does not comply with the order, appeal the order, or
comply with the order after the Animal Review Panel has ruled in support of the
order, then the animal may be seized and sterilized at the owner's expense.
CLL•242767v2 16
RS215 -4
74B -2: 7 -4B -3:
8. Destruction of Dog in Certain Circumstances. Notwithstanding the provisions
set forth in this Chapter; an animal that inflicts substantial or great bodily harm as
those terms are defined in Minnesota Statutes, Section 609.02 on a human being
without provocation may be ordered destroyed in a proper and humane manner by
Animal Control. Animal Control shall issue a Notice of Intent to Destroy the
animal to the animal owner. The owner shall have three (3) days from service of
the notice to request a hearing before the Animal Review Panel. The owner shall
have the burden of establishing that the exemptions listed below in subsection 8
apply to this incident, or that the animal would not otherwise be declared
dangerous following a hearing conducted for that purpose.
9. Exemptions. Animals may not be declared Dangerous or Potentially Dangerous
if the threat, injury or damage was sustained by a person;
a. who was at the time of injury committing or attempting to commit a willful
trespass or other tort or crime upon the premises occupied by the animal; or;
b. who was provoking, tormenting, teasing, abusing or assaulting the animal or
who can be shown to have repeatedly, in the past, provoked, tormented,
teased, abused or assaulted the animal; or
7-4B -3
c. who was committing or attempting to commit a crime.
d. Law Enforcement Exemption. The provisions of this section do not apply to
trained dogs used by law enforcement personnel for police work.
RESTRAINT OF ANIMALS REQUIRED: All owners or persons in
custody or control of an animal shall keep his or her animal under restraint
as defined in 7 -4A -1: or as required by any other section of this Code, at
all times.
A. In the case of dogs declared Dangerous under the criteria of Minnesota Statutes,
Section 347.50, the requirements of Minnesota Statutes, Section 347.52, regarding
restraint, muzzling, and confinement shall also apply.
B. In the case of animals declared Dangerous Animals under the requirements of this
Chapter, the requirements of Minnesota Statute, Section 347.52, regarding restraint,
muzzling, and confinement shall also apply.
CLL- 242767v2 17
RS215 4
7-4B-4:
7 -4B -5:
7 -4B -4 ANIMAL TAG, COLLAR, AND MICROCHIPPING
REQUIREMENTS:
A. Upon complying with the provisions of Section 7 -4B -1, or any other sections
governing registration of animals, there 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 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.
C. The criteria and provisions regarding the tagging, microchipping, and posting of
warning signs on the premises of a dog declared Potentially Dangerous or Dangerous
under Minnesota Statutes, Sections 347.50- 347.52 shall apply to this Chapter.
D. The criteria and provisions regarding the tagging, microchipping, and posting of
warning signs on the premises of an animal declared Potentially Dangerous or
Dangerous under this Chapter shall be the same as applied to Potentially Dangerous
or Dangerous Dogs under Minnesota Statutes, Sections 347.50- 347.52 and any other
requirements of this Chapter.
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,
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
CLL- 242767v2 18
RS215-4
7 -413-5: 7 -4B -7:
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 animals neck (other than common electronic
training collars); or any treadmill or other training device to develop any animals
stamina or musculature for any animal fighting.
5. As relates to the care and maintenance of animals violate Minnesota Statutes,
Sections 343 and 346.57.
7 -413-6: . ANIMAL CONFINEMENT PROVISIONS:
A. Every owner shall confine within a building or secure enclosure every fierce,
dangerous or vicious animal and not take such animal out of such enclosure unless the
animal is securely restrained, muzzled, or leashed as required by these ordinances or
State Statutes, and under the control of a competent person.
1. Any dog or animal declared Dangerous, or Potentially Dangerous, under
Minnesota Statutes, Section 347.50 or this Chapter shall be kept in the manner
prescribed by Minnesota Statutes, Section 347.52.
B. Every female dog, cat, or ferret in heat shall be confined within a building in such a
manner that the animal cannot come in contact with another animal, except for
intentional breeding purposes.
7 -4B -7: IMPOUNDING AND DISPOSAL OF ANIMALS:
A. Impoundment:
1. Impoundment. Any animal found in violation of this Chapter may be taken up by
the officers designated by the City Council to enforce this Chapter, impounded in
the shelter, and there confined in a humane manner.
2. Notice. Immediately upon the impounding of any animal wearing a current
registration, the City will attempt to notify the owner of such impoundment and of
the conditions whereby the owner may regain custody of the animal. Any verbal
notices shall be immediately confirmed in writing.
3. Right of Entry. To enforce this Chapter, designated officers may enter upon
private 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.
CLL- 242767v2 19
RS215 -4
7 -4B -7: 7 -4B -7:
4. Impoundment of Rabies or other Zoonotic Disease Suspect. Any dog, cat, or
ferret that has bitten a person shall immediately be impounded for a period of time
as required by the Minnesota Board of Animal Health rule, and kept apart from
other animals, until it is determined whether or not the animal could have
transmitted rabies at the time of the bite. Such impounding may be by the owner
at his residence or a designated kennel, and need not be at the City Animal
Shelter, at the discretion of the city animal control authority. But, if it is not at the
City Animal Shelter, the owner must sign a quarantine agreement stipulating that
the animal is being impounded and kept as required by quarantine. Violation of
quarantine regulations is a violation of this Chapter and shall require the animal to
be impounded at the City Animal Shelter.
a. Any animal that has bitten a person or is suspected of being a carrier of a
zoonotic disease may at the discretion of Animal Control be impounded and
tested to protect the public health in the same manner as a.rabies quarantine.
5. After a period of time as required by the Minnesota Board of Animal Health
rule, if the animal does not have rabies, it may be released following notice to the
City Police Department and the animal may be reclaimed as hereinafter provided.
6. Any animal other than a domestic dog, cat or ferret that has bitten a person
and is considered a rabies suspect must be humanely euthanized for rabies
examination if the victim of the bite does not choose to receive rabies post
exposure prophylaxis, in accordance with the requirements of Minnesota Board of
Animal Health rule. The determination of what constitutes a rabies suspect, or
exposure shall be made in consultation with the Minnesota Department of Health,
the Minnesota Board of Animal Health, the victim's physician, and any other
agency deemed appropriate by animal control.
7. Any animal that has been bitten by a rabid animal, a rabies suspect, or is
believed to have been exposed to rabies shall be quarantined as required by
Minnesota Board of Animal Health rule.
8. The Minnesota Board of Animal Health rules governing impounding,
quarantine, vaccination, euthanization, and all matters relating to the transmission
or control of rabies shall apply to this section and chapter.
9. Placement of any animal suspected of rabies exposure or quarantined for
rabies exposure shall be at the discretion of the city.animal control authority under
guidance of the Minnesota Board of Animal Health and the Minnesota
Department of Health.
10. Any expenses incurred in quarantine or testing an animal shall be borne by the
owner of the animal.
CLL- 242767v2 20
RS215 -4
7 -4B -7:
7 -4B -7:
B. 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 rule.
C. Reclaiming or Disposing of Impounded Animals: Redemption fines are to be
based on the number of offenses within a one -year period. Fines shall be determined
by Council resolution and reviewed annually. If the animal requires a City
registration, such registration shall also be obtained before the animal is released. If
at the end of the impounding period the animal is not reclaimed by the owner, such
animal shall be deemed to have been abandoned and may be placed for adoption if
appropriate.
1. Any animal that has a history indicating propensity to attack humans or
other animals; or, has a documented history of attacks and bites on humans or
other animals; or, is suspect of any disease that can be transmitted to humans or
other animals will not be placed for adoption but will be humanely euthanized.
2. An administrative adoption 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.
3. 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. If such 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.
5. The owner shall pay for the cost of disposing of any animal at the specific
request of the owner. 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,cgst 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.
CLLr242767v2 21
RS215 -4
74B -7: 7- 4B -10:
D. Killing of Animals that cannot be impounded: Any animal that is diseased,
vicious, 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 a Police Officer.
7 -4B -8: NOISE NUISANCES CAUSED BY ANIMALS: No person shall keep
or harbor a dog, cat, any animal or kennel in the City that annoys others by
barking, crying, or other similar noises created by vocalization of fowl,
birds, other mammals, or any creature.
74B -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 every
twenty -four (24) hours in a residential area.
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.
D. Manure on public streets, roadways, or public right of way shall be removed
immediately 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.
7- 4B -10: KEEPING OF ANIMALS: The keeping of allowed animals, farm
animals, wild animals, pigeons and fowl is regulated in the following
manner
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 ordinance. Allowed animals, Pigeons and
Fowl may be kept on residential property as regulated within this Chapter.
CLL- 242767v2 22
RS215 -4
7- 4B -10:
7- 4B -10:
B. Allowed animals may be kept in all zoning districts in accordance with other
applicable ordinances and laws concerning care, maintenance, registration, and
restraint.
C. Wild or Prohibited animals are prohibited from being kept in all parts of the city,
except as allowed in this Chapter:
D. In the interest of animal and public health, safety and welfare, it shall be
prohibited, except as allowed by this section to import, transport, sell, transfer,
barter, own, or possess certain wild, or prohibited animals that:
l., Pose a possibility of harmful competition for indigenous wildlife.
2. Pose a possibility of the introduction of a disease or pest harmful to indigenous
wildlife or agricultural interests.
3. Pose a possibility of threatening wildlife populations or other natural resources.
4. Pose a possibility of endangering the physical safety of human beings.
5. Appear on any list of endangered wildlife or endangered species compiled and
maintained by either the state or federal government.
6. Are defined as a prohibited or wild animal in section 74A: definitions.
E. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in
one's possession a prohibited or wild animal except as allowed by this section.
F. It shall be unlawful for the owner or any other person in control of any property in
the City, whether residential, commercial,- industrial, agricultural, or institutional to
knowingly permit any person to be in possession of a prohibited or wild animal upon
the property, residence or premises except in compliance with this section.
G. It shall be unlawful for a person to breed a prohibited or wild animal within the
City.
H. 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 non -profit humane societies.
CLL-242767v2 23
RS215 -4
7- 4B-10: 7- 413-11:
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.
9. A person temporarily transporting a prohibited or wild animal through the
City. Such temporary transit period shall be thirty (30) minutes or less in duration
and the prohibited or wild animal shall be kept securely restrained in an enclosure
or cage appropriate to the species within that time.
I. No private zoos, game farms, hunt clubs or animal exhibitions are allowed within
any city districts.
J. Commercial purpose: Animals may only be kept for commercial purposes if
authorized in the zoning district where the animals are located.
K. Pet Shops and Kennels: Animals kept in pet shops or kennels shall be kept in
accordance with regulations for licensing and regulating pet shops and kennels in
addition to the regulations provided by this Chapter.
7 -413-11 Horse Regulations:
A. The keeping of horses is an allowed use in the Agricultural and Rural Residential
zoning districts, provided:
1. The minimum lot size is two and one half (2.5) acres.
2. The number of horses may not exceed one (1) horse per one (1) acre.
3. Exception: Miniature horses; the number of miniature horses allowed per acre
shall be three (3).
CLL- 242767v2 24
RS215 -4
7- 4B -11: 7- 4B -12:
B. Horses kept for a permitted use in agricultural districts, such as commercial
stables, may exceed this limit. 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 the City Code and Minnesota State Statutes regulating motor
vehicle traffic.
7- 4B -12: Maintenance of Fowl and Birds /Feeding of Animals.
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.
B. Limitation on number: No more than three fowl or birds may be kept or raised on
any residential property in the city. This limitation does not apply to the keeping of
pigeons pursuant to a license under the provisions of this section.
C. Injury or annoyance to others: No fowl or birds may be kept or raised 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 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. 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. 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.
CLL- 242767v2 25
RS21S -4
74B -12: 7- 4B -13:
G. Feeding of birds, fowl, or other animals: Prohibition, no person shall provide
liquids or edible material to animals or wildlife in a manner that will cause a public
nuisance by the number, size, or positioning of the feed within the boundaries of the
city.
H. Feeding in a manner that results in the attraction of animals that cause property
damage, a threat to public health or animal health due to the number or type of
animals attracted by excessive amounts of feed or feeders being placed, or the
byproducts of the feed accumulating, are deemed a public nuisance and are
prohibited.
7- 413-13: DANGEROUS ANIMALS
A. DANGEROUS DOGS:
1 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 list of providers of such services maintained by
the City. Failure to comply with this provision will be a violation of this Chapter
and punished as herein defined. The costs for this training will be the
responsibility of the animal owner.
2. Report required; 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 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.
3. Report required; Rental Notification: The owner of any dog that has been
declared Dangerous or Potentially Dangerous, must advise any property owner, or
their agent, of the Dangerous or Potentially Dangerous Dog status of their animal
before renting or leasing property within the city.
4. Sale; Notice Required: If any dog that has been declared Dangerous, or
Potentially Dangerous is sold, given, or ownership of such dog is transferred in
any way, the owner shall immediately give notice to the City Police Department
of the name, address, and any other identification information required, of the
new owner.
5. Death of Dog; Report. If any dog that has been declared Dangerous, or
Potentially Dangerous dies, an affidavit from a licensed veterinarian must be
submitted to the City Police Department within 10 days.
CLL- 242767v2 26
RS215-4
7- 4B -13:
7-4B -14:
6. Failure to meet the requirement of this Chapter or the requirements and
procedures of Minnesota Statutes, Section 347.50 are a violation of this Chapter
and punishable as defined herein.
B. DANGEROUS ANIMALS: Any animal that commits an act that would require a
dog to be declared Potentially Dangerous or Dangerous under Minnesota State Statute
will be declared a Potentially Dangerous or Dangerous animal and shall be required
to be kept as follows:
1. Insurance required: The owner of an animal that has been declared a Dangerous
Animal must obtain and maintain liability insurance coverage, or a bond, in and
amount of not less than $50,000.00 for each occurrence for liability, destruction
of property, and death or bodily harm injury to persons or animals that may be
caused by the dangerous animal.
2. Insurance documentation: The owner of an animal that has been declared a
Dangerous Animal shall provide a certificate of this bond or insurance, stating the
bond or insurance will be in effect for the full term of the animal registration from
the company that issues the bond or insurance.
3. Animal Review Panel, in the case of animals declared Potentially Dangerous or
Dangerous, the animal review panel shall perform and discharge all duties and
functions in the same manner as required for Potentially Dangerous or Dangerous
Dogs.
4. The owner or possessor of an animal that has been declared a Dangerous
Animal shall:
a. Post and display at each possible entrance onto the premise where a
dangerous animal is being kept a conspicuous, clearly legible sign, easily
readable by the public, warning that there is a dangerous animal on the
premises.
b. Meet all requirements of this Chapter, related to registration, restraint,
confinement, muzzling, leashing, microchipping, and posting of premise.
7- 4B -14: PREMISES REQUIREMENTS:
A. Kennel Fence for Confinement: No permit shall be granted to any owner for the
operation of a kennel unless any outdoor area within which the animals are to sleep,
eat or exercise shall be enclosed completely with a fence of sufficient height and
strength to insure the confinement of said animals.
CLL- 242767v2 27
RS215 -4
7- 4B -14: 7- 4B -14:
1. Commercial kennels shall house all animals indoors between the hours of sunset
and sunrise. Outdoor runs shall be regulated by zoning district.
2. Fences and enclosures to contain Dangerous Dogs shall meet the requirements
of Minnesota Statutes, Sections 347.50 - 347.52 and Chapter 7 -4B: of the City
Code.
3. Fences and enclosures to contain Dangerous Animals shall meet the same
requirements for restraint and security as for a Dangerous Dog, with consideration
given to the particular species.
B. Kennel Sanitation: Every kennel, caging or containment enclosure for animals 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 Nuisance: No owner shall permit any animal under his or her custody or
control to create a nuisance by way of barking, crying, howling, screeching, growling
or other vocalization.
1. Any disturbance or nuisance created by way of noise or vocalization by
animals on private property or animals kept in residential or commercial kennels
that unduly impairs the quiet and peaceable enjoyment of residents of surrounding
properties is deemed a public nuisance.
2. Public or kennel nuisances caused by vocalization of animals may be abated by
the procedures in Section 74C -2.
D. 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 on any licensed premises
shall be kept in rodent proof containers.
3. The loft or coop shall be constructed as to be fly free and rodent proof
4. 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.
CLL- 242767v2 28
RS215-4
74B -14: 7- 4B -14:
5. The loft or coop shall; ,
a. Rest upon concrete footings which penetrate the soil twenty -four inches (24 ")
and have a twelve inch (12 ") right angle extending outward from the base,
b. Have a maximum height of six feet (6'),
c. Be screened from view by fencing or evergreen plantings with a minimum
height of four feet (4'), and
d. Be setback seventy -five feet (75') from any adjoining residential structure,
and ten feet (10') from the property line.
E. 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 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;
6. Be built to conform with the property line setback standards for accessory
buildings, side yards, and rear yards. (Section 7.2.A.6);
7. Be cleaned as often as necessary to prevent contamination of the animals
contained therein, and any other animals or humans who may come in contact
with them, but in no case less than weekly;
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; and
9. Be cleaned as necessary to reduce objectionable odors.
CLL- 242767v2 29
RS215 -4
7- 4B -14:
7 -4C -2:
10. Enclosures confining domestic animals to an area of less than half of a rear yard
area must conform with the property line setback standards for accessory
buildings,
7 -4C -1: VIOLATION, REVOCATION AND HEARING:
A. The Council may revoke any Kennel, Loft, Coop, City Dangerous Dog Registration,
or Dangerous Animal Registration for violation of this Chapter or for violation of any
other health or nuisance ordinance, order, law or regulation.
B. Before revoking a Kennel, Loft, Dangerous Dog or Dangerous Animal Registration,
the owner shall be given notice of the meeting at which such revocation will be
considered, and if the owner is present at such meeting, "he shall first be given an
opportunity to be heard.
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 sufficient
violation of the ordinances have occurred they may suspend, limit, or revoke the
Kennel, Loft, Dangerous Dog, or Dangerous Animal Registration.
3. If, after revocation action is taken, the owner does not comply with the Council
action, then the animal(s) covered by such registrations may be seized and held;
as per Minnesota State Statute regarding Dangerous Dogs; or, the requirements of
this Chapter for Kennel, Loft, Coop, City Dangerous Dog registration, or
Dangerous Animal Registration.
7 -4C -2: PROCEEDINGS FOR IMPOUNDMENT, DESTRUCTION, OR
ABATEMENT OF NUISANCES CREATED BY CERTAIN
ANIMALS:
A. Facts of Case: Upon issuance of a summons or sworn complaint of any person to
District Court in the County of Dakota that any of the following facts exist:
1. That the animal has destroyed property or habitually trespassed in a damaging
manner on property, of persons other than the owner; or,
2. That the animal has attacked or bitten a person without provocation; and, that
the animal is vicious or shows vicious habits, or molests people or interferes with
the driving of automobiles upon a public highway; or, after notification that the
animal is potentially dangerous or dangerous the animal is not kept, restrained,
confined, registered, tagged, or microchipped as required by this Chapter; or,
CLL- 242767v2 30
RS215 -4
7 -4C -2: 74C -2:
3. That the animal is habitually barking, crying, howling, screeching, growling, or
by other vocalization causing a public nuisance; or
4. That the animal is being kept within the limits of the City in violation of the
provisions of this Chapter;
.Then the procedure in subsection B shall be followed.
B. Owner to Appear, Hearing: A police officer, or other officer designated to enforce
this Chapter, shall issue a summons directed to the her
or person having
possession, custody or control of said animal commanding such person to appear
before a Judge and to show cause why said animal should not be seized, humanely
euthanized or otherwise disposed of by the police or any other officer designated.
1. Summons: Such summons shall require the owner to appear no less than forty-
eight (48) hours from the date thereof and shall be served personally; or, if
personal service is not possible; by mail, seven (7) days prior to the date of
appearance; or, such summons shall be posted conspicuously at the residence of
the animal owner forty-eight (48) hours prior to the appointed date and time of
appearance.
2. Upon such hearing and finding of facts true as complained of, the Judge shall;
a. Order the animal humanely euthanized,
b. Order the owner to remove it from the City,
c. Order it confined to a designated place, or
d. Order its sale or other disposition.
3. In the event an animal has bitten a person, or animal, the Judge shall order the
animal impounded at the owner's expense for such period as may be reasonably
necessary to determine, by Board of Animal Health rule, whether the animal is
rabid or could have carried or transmitted a zoonotic disease at the time of the
bite.
4. In the event that said animal is rabid; or such animal is capable of carrying
and transmitting the rabies virus or another zoonotic disease and has not been
vaccinated, if so required; or if the animal is deemed by the State Health
Department or the Board of Animal Health to be a risk to public health by any
_ disease it may be a carrier of, it may summarily be destroyed and tested as
needed.
CLL- 242767v2 31
RS215 -4
7 -4C -2:
7 -4C -3:
5. The procedures and requirements set forth in Minnesota Statutes, Sections
347.50- 347.56, 353.235 and 35.71 regarding seizure, hearings, costs, and disposal
of unclaimed animals are incorporated herein.
C. Failure to Comply With Order:
1. If the owner is ordered to remove the animal from the City or is ordered to keep
the animal confined to a designated place and disobeys such order, such person
shall, upon the filing of a complaint alleging that said order was disobeyed, and
after being found guilty of violating the provision, be liable to the punishment for
violation of this Chapter.
2. The criteria and procedures set forth in Minnesota Statutes, Sections 347.50-
347.56 relating to failure of confinement, restraint, muzzling, posting, bonding or
insurance, and seizure of a Dangerous Dog are incorporated herein.
D. Applicability of Section: The provisions of this Section are in addition to and
supplemental to other provisions of this Chapter and shall apply throughout the City.
E. Costs: Costs of the proceedings specified by this Section shall be assessed against the
owner or the animal, if said animal is being kept in violation of any of the terms of
this Chapter.
1. Costs related to the seizure and disposal of dogs declared Dangerous under
the criteria and requirements of Minnesota Statutes, Sections 347.50 - 347.56,
343.235, and 35.71 shall be the responsibility of the owner.
2. Costs related to the seizure, testing, and disposal of Dangerous Animals kept
in violation of the provisions of these ordinances shall be the responsibility of the
owner.
7 -4C -3: EXEMPTIONS FROM PROVISIONS:
A. Exemption: Hospitals, clinics, the designated city animal shelter and other premises
operated by licensed veterinarians exclusively for the care and treatment of animals
are exempt from the provisions of this Chapter, with the exception of restraint,
humane care and treatment of the animals in their custody and such duties as
expressly stated in this Chapter and the zoning ordinances.
B. The registration requirements of this Chapter shall not apply to;
1. Any dog, cat, or ferret belonging to a nonresident of the City and kept within the
City for not longer than thirty (30) days. Provided that all such dogs, cats, or
ferrets shall at all times while within the City be kept under restraint.
CLL- 242767v2 32
Rs215 -4
7 -4C -3: 7 -4C -6:
2. The keeping or maintaining of animals for exhibition to the public by a
traveling circus, carnival, educational zoo program or other exhibit or show
holding a permit issued by the Commissioner of Natural Resources pursuant to
Minnesota Statutes, Section 97.611.
3. The keeping or maintaining of any animal by a bona fide educational or
medical institution for the purpose of instruction or study; provided such animals
are securely confined, treated in a humane manner, and the Police Department is
notified in writing of their presence.
7 -4C -4: Penalties: Any person(s) who shall violate the terms or provisions of this
Chapter shall be guilty of a misdemeanor and upon conviction, a violation
shall be punishable by a fine or imprisonment, or both, as stipulated by
Minnesota State Statutes.
A. Exception: Penalties greater than those set forth in this section are imposed by
Minnesota State Statute for various sections of this Chapter. In such cases the more
severe penalties shall be applied.
7 -4C -5: Statutory Citations: Any specific citations to Minnesota State Statutes
within any sections of the Animal Control chapter, sections or subsections
shall be considered to include any amendments to those Statutes.
7 -4C -6: 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.
CLL- 242767v2 33
RS215-4
Section Two. This ordinance will become effective from and after its date of
publication.
Adopted this _' day of , 2004.
William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages, the day of 2004.
CLL-242767v2 34
RS215-4
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 28, 2004
PAGE 10
Public Hearing:
5F. CASE 04 -70 -TA Animal Ordinance Text Amendment.
City Planner Pearson reviewed the Staff Report where staff proposed a text amendment
to the Zoning Ordinance to bring the zoning ordinance into compliance with the
recommended city code amendments for a new Animal Ordinance.
Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no
questions.
Chairperson Messner opened the public hearing.
Chairperson asked for public comments. There were no public comments.
MOTION by Messner to close the Public Hearing. Second by Powell. Ayes:
Schultz, Zurn, Messner and Powell. Nays: None. Motion carried.
Chairperson Messner asked for any follow -up questions. There were no questions.
MOTION by Messner for an ordinance to amend the Zoning Ordinances as
recommended when the new Animal Ordinance is adopted by the City Council.
Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None.
Motion carried.
blic Hearing:
5G. ASE 04 -65 -TA Planned Unit Developm (PUD) Text Amendment.
Assistant anner Lindahl reviewed the St Report for the staff initiated proposed text
amendment r ating to the Planned Uni evelopment standards. Staff has found that the
current process not provide eno initial information to adequately review the
project. City Coun 'has directe staff to amend the existing PUD process requiring
more information at th begi ' g of the review process as well as rezoning to a specific
PUD designation. The pr sed text amendment would replace the existing PUD
ordinance and meet the ds desired by the Council Further, it would include more
detailed criteria for re sewing P amendments. Staff will be recommending
modifications to s e these section ver the next several months.
Chairperson essner asked for questions Mr. Lindahl. Mr. Messner asked if the.
general int t is to understand what we are ge i g when we rezone so there are no
changes id- stream through the process of the P . Mr. Lindahl stated that staff is
looki to make sure they get what was approved fo in the project by holding them to
the oning standards and to add specific criteria under a development standards so it
I be clearer.