HomeMy WebLinkAbout9.a. Animal Control Review PanelCITY OF ROSEMOUNT
y EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JULY 1, 2003
AGENDA ITEM: ANIMAL CONTROL REVIEW PANEL
AGENDA SECTION:
NEW BUSINESS
PREPARED BY: LINDA JENTINK, CITY CLERK
AGENI
iv 9 A
ATTACHMENTS: ANIMAL ORDINANCE
APPROVED BY:
The Police Department now has two cases, one for a potentially dangerous dog, and one for a dangerous dog.
The owner of the potentially dangerous dog has filed for an appeal of the potentially dangerous dog label. This
does not require review by the City Council at this time, but does require review by an established panel.
Ordinance requires the panel to consist of a City Council Member, the Mayor, and a veterinarian or resident.
Council Member Kim Shoe - Corrigan has offered to sit on this panel and veterinarian Dr. Hansen from
Shamrock Animal Hospital. There are no terms provided, so the appointment will continue in effect until he /she
resigns or is replaced.
Attorney Shawn Moynihan has examined the facts of the mentioned case and indicated enough evidence exists
to move forward with the review by the Panel. Moynihan noted that the appellant did respond within the
required time.
RECOMMENDED ACTION: MOTION to establish the Animal Control Review Panel with members
Mayor William Droste, Council Member Kim Shoe - Corrigan, and Veterinarian Kurt Walter Hansen.
COUNCIL ACTION:
V
CITY OF ROSEMOUNT
74A: ANIMALS:
STATE OF MINNESOTA
Permitted Domesticated Animals
7 -4A -3:
7 -4A -1: Definitions. As used in this
ORDINANCE NO. XIV.23
chapter, the terms defined in this section
AN ORDINANCE AMENDING THE CITY
shall have the following meanings ascribed
-CODE AND ZONING ORDINANCES:
to them. "Animal' means any living
PERTAINING TO THE ADMINISTRTION
creature, excluding humans and plants.
AND ENFORCEMENT OF ANIMAL
. Abuse/Neglect of Animals
CONTROL IN THE CITY OF
Animal Control Officer:" Animal Control
ROSEMOUNT.
Officer means any Police Officer,
Community Service Officer, Humane Agent
It is the purpose of this ordinance to protect
or other employee or delegate designated by
and promote public health, safety and the
the City Council who is primarily
general welfare of humans and animals. To
responsible for and responds to animal
regulate the care and keeping of animals
related issues within the City of Rosemount.
within the city. To reduce or eliminate the
Required.
encroachment on private property, public
Animal Control Unit:" Animal Control
right of ways, and public property of
Unit" means that operational unit or any
unrestrained, unregistered, unvaccinated,
employees of the City of Rosemount
prohibited, or dangerous animals and the
assigned to that unit within the Rosemount
risks posed to humans and other animals
Police Department that is primarily
caused by the improper care, control, and
responsible for responding to animal related
keeping of animals.
problems and the enforcement of related
ordinances and statutes.
THE COUNCIL OF THE CITY OF
ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Rosemount City Code, Section 7-
4A, 74B, AND 7 -4C, are repealed in their
entirety and replaced with a new chapter 7-
4A, Animals, to read as follows:
7 -4A -1:
Definitions
7 -4A -2:
Permitted Domesticated Animals
7 -4A -3:
Prohibited Wild Animal
74A -4:
Licenses Requirements
7 -4A -5:
Running at Large
7 -4A -6:
Feces and Excrement removal
7 -4A -7:
Barking Dogs
7 -4A -8:
. Abuse/Neglect of Animals
7 -4A -9:
Apprehension of Animals
7- 4A -10:
Reclaiming Animals from the
Animal Shelter
7- 4A -11:
Offenses
7- 4A -12:
Animal Bites
7- 4A -13:
Dangerous Dogs
7- 4A -14:
Commercial Kennels, Permit
Required.
7- 4A -15:
Pigeons
7- 4A -16:
Chickens
7- 4A -17:
Feeding of Animals
At Large:" At large" means on or off the
premises of the owner and not under the
control of the owner or some other
person of suitable age and discretion by
command or by leash, chain, cable, fence,
kennel or other suitable enclosure. An
animal enclosed within a residence,
dwelling, business or other structure so that
it cannot leave on its own volition shall not
be considered "at large ".
By Command:" By Command" means
when the owner is walking, jogging or
bicycling on public property or private
property of another, a dog must be within
six (6) feet of its owner at all times. When
on its owner's property or fetching and
playing on public property, the dog must be
visible to the owner and be within thirty (30)
feet of the owner or another person
responsible for control of the dog. Dog
must always return to the owner so that a
leash can be attached, on no more than two
(2) voice commands. Any dog declared
potentially dangerous or dangerous must
never be off its leash.
COMMERCIAL KENNEL "Commercial
Kennel" shall mean 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. Commercial Kennels must
house all animals indoors between the hours
of sunset and sunrise. Commercial Kennels
are allowed in all areas zoned Agricultural,
Rural Residential, and the C -1 and C -2
commercial districts.
Owner: "Owner" means any person
owning, keeping, harboring or maintaining
an animal within the City or permitting such
animal to be at large within the City. An
animal shall be deemed to be harbored if it
is fed or sheltered for three days or more.
7 -4A -2: Permitted Domesticated
Animals: "Permitted Domesticated
Animals" Any person may own, keep,
harbor or maintain any domesticated animal
that is not susceptible to rabies.
A: Any person may own any domesticated
animal that is susceptible to rabies if it can
be vaccinated for rabies and it has been
vaccinated with a vaccine licensed for use
specifically for that species of animal.
Based on current knowledge, the following
animals can be legally vaccinated for rabies:
dogs, cats, ferrets, cattle, sheep and horses
B. It shall be unlawful to own, keep,
harbor or maintain any domesticated animal
that is susceptible to rabies and that has not
been vaccinated with an approved vaccine.
However, the keeping of pigeons shall be
permitted in accordance with this chapter
and the keeping of chickens shall be
permitted in accordance with this chapter.
C. Ownership Limits. No person shall
keep, maintain or otherwise house more
than a total of five cats, dogs or ferrets over
the age of six months within any household
in the City of Rosemount unless authorized
elsewhere in this chapter.
1. For the purposes of this section, the term
"household" refers to a single family
residence or single unit of a town home,
condominium, apartment or comparable
structure that is rented, leased or used as a
single unit.
2. This section shall not be construed to
limit the ability of apartment managers, .
landlords, town home associations or other
representatives of property owners to
impose greater restrictions.
D. Any person who owned more than five
cats, dogs or ferrets prior to the effective
date of this ordinance shall be permitted to
keep those animals provided that those
animals in that household were properly
licensed prior to the effective date of this
ordinance. No person affected by this
subdivision shall be permitted to acquire
any additional cats, dogs or ferrets or to
replace any cats, dogs or ferrets in excess of
five except as provided under a Commercial
Kennel permit as allowed in this chapter, or
as specifically authorized by the City
Council.
E. Any person, who moves into the City of
Rosemount may bring any cats, dogs or
ferrets, not to exceed a total of five, into the
City. The animals must be properly
licensed within 30 days of establishing
residence in the City.
F. Any person who currently owns cats,
dogs or ferrets who becomes a resident of
the City by annexation shall be permitted to
keep those animals provided that those
animals are properly licensed within 30
days following approval of the annexation.
No person affected by this subdivision who
owns more than five cats, dogs or ferrets
shall be permitted to acquire any additional
cats, dogs or ferrets or to replace any cats,
dogs or ferrets in excess of five except as
provided under a Commercial Kennel
permit as allowed by this chapter, or as .
specifically authorized by the City Council
G. Persons who are not defined as
Commercial Kennels as set forth by this
chapter may breed any properly licensed
cat, dog or ferret and raise litters. The total
number of cats, dogs or ferrets kept within
the household must be reduced to five
within six months of birth.
7 -4A -3: Prohibited Wild Animal: It shall
be unlawful to keep any wild animal within
the City limits, except as permitted pursuant
to the provisions of this section.
A. As used in this section, "wild
animal" shall have the following meaning:
Any animal, mammal, amphibian or reptile
that is of a species that is wild by nature or
of a species that due to size, vicious nature
or other characteristics is inherently
dangerous to human beings. Examples of
wild animals, without limitation, are:
1. Any large cat of the family Felidae, such
as lions, tigers, jaguars, leopards, cougars
and ocelots, except domestic house cats;
2.Any member of the family Canidae, such
as wolves, hybrid wolves, coyotes,
dingoes and jackals, except domesticated.
dogs;
3. Any crossbreed such as crossbreeds
between dogs and coyotes, dogs and
wolves, but does not include crossbred
domesticated animals;
4. Any poisonous snake including but not
limited to rattlesnakes, coral snakes, water
moccasins, puff adders or cobras;
5. Any skunk, raccoon, fox or animal
protected under State of Minnesota or
Federal wildlife regulations;
6 Any bear, ape, monkey in excess of five
(5) pounds, or badger;
8. Any other animal, bird or reptile that is
commonly considered wild and not
domesticated.
B. Exceptions to Definition of Wild
Animal are:
1.Nonpoisonous snakes, domesticated birds,
hamsters, mice, rabbits, lizards, spiders
and other similar small animals capable of
being kept in cages including rats, if
purchased from a bona fide pet store;
2.Medically prescribed companion animals;
3. Wildlife rehabilitators may only possess
animals with a Minnesota Department of
Natural Resources permit. Such animals
will be kept in a manner as to not create
unsanitary conditions or unreasonable .
noise;
4. Birds and birds of prey if kept pursuant to
a valid US Fish and Wildlife Services
permit;
7 -4A4: Licenses Requirements: It is
unlawful for any person to keep, harbor or
maintain a dog, cat or ferret over the age of
four months unless it is licensed as
hereinafter provided. However, if the .
animal is harbored or kept on the premises
of a recognized Humane Society shelter or
pet store it need not be licensed. Licenses
for such dogs, cats and ferrets may be issued
by the city clerk, the animal control unit and
any licensed veterinarian authorized by the
city clerk. Applications for licenses shall be
made on forms approved by the city which
shall require the name and address of the
owner, the name, breed, age, color, and sex
of the dog, cat, or ferret and such other
information as may be considered necessary.
License applicants shall also provide proof
of compliance with the vaccination
requirements of this chapter.
7. Any porcine including but not limited to
pot - bellied pigs;
A. Licenses for Non - Licensed
Impounded Animals. Animal control
officers shall issue licenses for animals
that have been impounded prior to their
release that have not been previously
licensed according to the requirements of
this chapter and shall charge the fee
appropriate for a two -year license.
B. License Term and Fees. A dog,
cat or ferret license shall be valid for the
period indicated on the rabies vaccination
certificate, or two years, whichever comes
first. The fee for a license shall be set by
resolution of the City Council. If the
owner presents a rabies certificate that
expires within two years from the date of
license issue, the license shall expire upon
expiration of the vaccination certificate
and no refund shall be due.
C. Fee Reduction for Spay/Neuter. Any
person who owns a cat or dog and spays
or neuters the animal may license it as a
spayed or neutered cat or dog. The license
fee shall be reduced by the amount
specified by resolution of the City
Council. Any person desiring to license a
cat or dog as spayed or neutered must first .
provide a veterinarian's certificate, or
receipt or other reasonable documentation
showing that the cat or dog has been
spayed or neutered. There will be no
refunds due if animal is spayed or
neutered during current license period.
D. Renewals. Any person who licenses a
dog or cat as spayed or neutered need not
provide veterinary proof for license
renewals unless the cat or dog license has
been revoked for falsely licensing the
animal as spayed or neutered or there is
reason to believe that an animal has not
been spayed or neutered.
E. Revocation of licenses and permits.
Any person making any false statement on
any license or permit application required
by this chapter shall be guilty of a
misdemeanor. The City Clerk shall
revoke any license or permit issued under
this chapter if the owner has made any
false statement on the license application.
No refund of any fees shall be due to any
licensee or permit holder whose license or
permit has been revoked.
F. Reinstatement of licenses and permits.
Any person whose license or permit has
been revoked under 7 -4A -4: E may reapply
for such license or permit after all
deficiencies have been corrected. Any
person making application after any
revocation shall follow the procedures set
out for the initial issuance of the permit or
license and shall pay the fees in the full
amount that would be required for an
original application.
G. Transfer of License. The license of any
dog, cat or ferret, licensed by the City of
Rosemount may be transferred to a new
owner for the duration of that license. The
transfer will be complete when the
information regarding the new owner is filed
with the City Clerk. The fee for license
transfers shall be set by resolution of the
City Council.
H. Vaccination Certificates, Fees and
Enforcement. Rabies vaccination required.
It is unlawful for any person to keep, harbor
or maintain any animal over the age of four
months that is susceptible to rabies unless
that animal has been vaccinated against
rabies at least every 24 months, unless
otherwise specified by a licensed .
veterinarian.
I. Rabies vaccination certificate to
accompany license application. Each
application for a dog, cat or ferret license
must be accompanied by a rabies certificate
from a qualified veterinarian showing that
the animal has been vaccinated against
rabies. No dog, cat or ferret shall be
licensed which has not been vaccinated as
required by this chapter within the 24 month
period immediately preceding the date
application for license is made.
J. Impounded animals exception.
However, an exception shall be made for
impounded animals that were previously
unlicensed which are being released from
the Animal Shelter. Animal Control shall
issue a license to the person who claims the
animal on the condition that the claimant
provides a rabies vaccination certificate to
Animal Control within ten (10) days from
the date of release. It shall be unlawful for
any person to claim an animal from the
Animal Shelter without providing a rabies
vaccination certificate for the animal to the
Animal Shelter within ten (10) days of the
animal's release.
K. Tags. With each license, the city clerk,
the animal control unit or authorized
veterinarian shall issue a metal tag bearing
the license number of such dog, cat or
ferret. The animal shall wear a collar or
harness on which the license tag is affixed
except when the dog, cat, or ferret for which
the license is issued is indoors on the
premises of the owner.
L. No person shall counterfeit the metal
tags provided for in this section or use a
counterfeit tag, or take from any dog, cat or
ferret a tag legally placed upon it by-its
owner or place a tag so taken upon another
dog, cat or. ferret.
M. Replacement tags. Lost or destroyed
license tags may be replaced at the City
Clerk's Office after the owner and animal
information is transferred to a new tag
number. The fee for duplicate tags will be
set by resolution of the City Council.
7 -4A -5: Running at Large. Animals not
to be at large, restraint required.
permission and at the sufferance of its
owner, and in the event of a violation of the
provisions of this section, it shall be no
defense that the offending animal escaped
or is otherwise at large without the
permission or sufferance of its owner.
B. Running at large, licensed cat.
Notwithstanding the provisions of this
chapter, the owner of a licensed cat shall not
permit such animal to be at large on public
Property or on the private property of
another unless the owner of such property
actually consents thereto.
7 -4A -6: Feces and Excrement removal:
A. Condition of Premises: Dog and Cat
Excrement. It is unlawful for any person
who owns or has custody of a dog or cat to
cause or permit such animal to defecate on
any private property without the consent of
the property owner or on any public
property, unless such person immediately
removes the excrement and places it in a
proper receptacle. The provisions of this
subdivision shall not apply to seeing -eye
dogs under the control of a blind person or
dogs while being used in city police
activity.
B. Penalty. Violation of this section shall
be a petty misdemeanor.
74A -7: Barking Dogs. It shall constitute a
nuisance and be unlawful if any dog barks,
whines, howls, bays, cries or makes other
noise excessively so as to cause annoyance,
disturbance or discomfort to any individual
provided that such noise lasts for a period of
more than five minutes continuously or
intermittent barking that continues for more
than one hour and is plainly audible outside
the property limits of where the dog is kept.
A. No owner of any animal, except a
licensed cat, whether kept, harbored, or
maintained within or without the city, shall
permit or suffer such animal to run or move
at large at any time within the city. For the
purpose of this section, every.such animal at
large shall be deemed at large with the
A. Exception. It shall not be a violation of
this section if the dog was barking, crying or
making other noise due to harassment or
injury to the dog or a trespass upon the
premises where the dog is located.
B. Penalty. A first time violation of this
section shall be deemed a petty
misdemeanor.
7 -4A -8: Abuse/Neglect of Animals. Care
and keeping of animals:
A. Food. Animals must be provided with
food of sufficient quantity and quality to
allow for normal growth and maintenance
of body weight.
B. Water. Animals must be provided with
clean, fresh water in sufficient quantity to
satisfy the animal's needs or supplied by
free choice. Snow or ice is not an adequate
water supply.
C. Transportation. Animals must be
contained within the passenger section of
any vehicle or placed in crates or carriers of
sufficient size to accommodate the animal.
Animals carried in open vehicles, including
trucks, boats, motorcycles, dirt bikes,
trailers, etc., must be restrained in a crate or
carrier or restrained by a chain or cable to
prevent the animal from leaving the vehicle
or being tossed out.
D. Shelter. Animals must be provided
with shelter at all times during inclement
weather. The shelter must be large enough
to comfortably accommodate the animal, be
windproof and waterproof and contain
enough bedding to provide the animal with
insulation against the elements. Shade must
be provided at all times during the months
of May through October.
E. Sanitation. It shall be unlawful for any
person to allow food or water receptacles,
kennels, yards or the premises where the
animal is kept to be or to remain in an
unhealthy, unsanitary, or obnoxious
condition or to permit the premises to be in
such condition that obnoxious odors can be
plainly detected on adjacent public or
private properly.
F. Enforcement. An animal control
officer or a police officer may issue a
citation to the owner of any animal and/or
remove any such animal from any premises
if the welfare of that animal is threatened
due to a violation of this section.
G. Reclaiming Neglected Animals. Any
animal, removed from any premises
pursuant to section 7 -4A -9, may be
reclaimed by the owner within five working
days from the time the animal was taken,
provided that all conditions for which the
animal was removed have been corrected.
The owner shall also be liable for payment
of all boarding fees to the City. Any animal
not reclaimed within the time allowed may
be disposed of pursuant to Section 7- 4A -11.
H. Abandonment. Any animal left at the
Animal shelter by the owner, keeper, or
caretaker beyond five working days after
being notified as required by Section 7 -4A-
10: shall be deemed abandoned and may be
disposed of according to Section 7- 4A -11.
The owner shall be liable for payment of all
fees and expenses incurred by the city for
the care and/or disposal of the animal.
7 -4A -9: Apprehension of Animals.
A. Seizure of Animals at Large. An
animal control officer may apprehend and
take possession of any animal at large. Any
animal apprehended by an animal control
officer may be conveyed to the city animal
shelter to be there confined until released or
disposed of as hereinafter provided.
B. Seizure of Unlicensed or
Unvaccinated Animals. Any animal
control officer or police officer may seize
any animal that is not licensed or not
vaccinated or the possession of which is
prohibited within the City of Rosemount
provided that the officer can demonstrate
that the owner or other person in control of
such animal has been warned or cited for at
least three previous violations of 7-4A -4 or
its subdivisions. Any animal seized under
this section shall be taken to the shelter and
held according to the provisions of 7- 4A -11.
Any other prohibited animal shall be
confined by the Animal Control Unit in an
appropriately secure place and disposed of
according to Minnesota law.
C. Notice of Apprehension.
D. Licensed Animals. Within 48 hours
after apprehending any licensed dog, cat, or
ferret pursuant to Section 7- 4A -10: the
Animal Control Unit shall make reasonable
efforts to contact the owner at the
address /telephone number listed when the
animal was last licensed.
7- 4A -10: Reclaiming Animals from the
Animal Shelter. Within the time limit set
forth in Section 7- 4A -11: C, the owner of
any animal seized pursuant to this chapter
may retrieve the animal from the city animal
shelter, provided the owner first purchases
the appropriate license, pays all impound
fees to cover the cost of apprehending the
animal, boarding fees to cover the cost of
sheltering the animal, pays any veterinary
costs incurred by the City, and pays any
other costs incurred by the City.
A. Additionally, if vaccination is
required, the owner must make
arrangements to have the animal
appropriately vaccinated by a veterinarian in
the presence of an animal control officer
prior to being released from the shelter.
Any owner who fails to comply with these
requirements within five working days shall
be deemed to have forfeited any property
right to the animal and the City may dispose
of it pursuant to 7- 4A -11.
B. The council may from time to time
amend the fees and penalties set forth in this
chapter by resolution. A copy of the
resolution setting forth the currently
effective fees shall be kept on file at the
animal shelter.
C. Disposing of Unclaimed Animals. If
any animal apprehended by the Animal
Control Unit is not claimed by its owner
within five days after the date of
apprehension, excluding holidays or other
days the animal shelter is closed, the
Animal Control Unit shall cause the animal
to be destroyed in a humane way or may
allow the animal to be adopted by any other
interested person over the age of 18 after
payment of such fees as may be determined
by the Council.
7- 4A -11: Offenses.
A. No person shall break open the animal
shelter or attempt to do so, or take or
attempt to take from an animal control
officer or any police officer or any other
authorized representative of the city, any
animal taken up or apprehended in
compliance with this chapter or in any
manner intentionally interfere with or hinder
such persons in the discharge of their duties
under this chapter.
B. Citations for Certain Violations. The
Animal Control Unit is authorized to issue a
citation to any person, firm, or entity for any
alleged violations of this chapter and any
other ordinance or statute that provides the
basis for prosecution of violations of this
chapter. Nothing within this chapter shall
be construed to limit the authority of police
officers to enforce any provisions of this
chapter or related statues or ordinances.
7- 4A -12: Animal Bites. Whenever any
animal shall have bitten a person or there is
good reason to believe that such animal has
bitten a person, such fact shall be reported
within 24 hours to the Police Department
and thereafter the owner of such animal
shall comply with the instructions of said
department concerning such animal.
7- 4A -13: Dangerous Dogs. Definitions.
For the purposes of section 7- 4A -14, the
terms defined in this section shall have the
meanings given them.
Dangerous Dog: "Dangerous Dog" means
any dog that has:
Without provocation, inflicted substantial
bodily harm on a human being on public or
private property; or killed a domestic animal
without provocation while off the owner's
property;
Or been found to be potentially dangerous,
and after the owner has been sent notice that
the dog is potentially dangerous, the dog
aggressively bites, attacks, or endangers the
safety of humans or other domestic animals.
Potentially dangerous dog "Potentially
dangerous dog" means any dog that:
When unprovoked, inflicts bites on a human
or domestic animal on public or private
property;
Or when unprovoked, chases or approaches
a person upon the streets, sidewalks or any
public or private property, other than the dog
owner's property, in an apparent attitude of
attack;
Or has a known propensity, tendency or
disposition to attack without provocation
causing injury or otherwise threatening the
safety or humans or other domestic animals.
Proper enclosure: "Proper enclosure"
means securely confined indoors or in an
enclosure that has flooring that prevents
digging, sides that prevent chewing
or exit through them, secured with 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 dog shall not be considered a
proper enclosure.
Owner: "Owner" means any person, firm,
corporation, organization, or department
possessing, harboring, keeping, having an
interest in, or having care, custody or control
of a dog.
A. Notice of Potentially Dangerous or
Dangerous Dogs. If after an investigation
conducted by an animal control officer or
police officer, it is determined that a dog is
potentially dangerous or dangerous
according to the criteria described in 7-4A-
13, the Animal Control Unit will serve a
notice of intent to declare the dog
potentially dangerous or dangerous dog on
the owner of the dog in question. This
notice shall inform the owner of this
designation, the basis for the determination,
the procedures for contesting the
designation as described in 7- 4A -14: B and
the result of the failure to contest the
designation as described in 7- 4A -13: H.
B. Contesting Declaration of Dangerous
or Potentially Dangerous Dogs. If the
owner of a dog has received a notice of
intent to declare a dog as a potentially
dangerous or dangerous dog, 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 supervisor of
the animal control unit within 14 days of
receipt of the notice of intent to declare a
dog as potentially dangerous or dangerous.
it
C. 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 dogs
shall apply to the dog 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.
D. Hearing Procedure. The Animal
Control Review Panel will consist of the
Mayor, a council member, and 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 dog
is either dangerous or potentially dangerous.
The burden of proof is on Animal Control.
A finding supporting a designation of
dangerous or potentially dangerous dog
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 dog
owner.
E. Effect of Findings. If the panel finds
there is sufficient basis to declare a dog as
potentially dangerous or dangerous, that
finding will serve as notice to the owner that
the dog is in fact a potentially dangerous or
dangerous dog 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.
F. Appeal. If the owner of the dog
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 City Clerk within 14 days
of the panel's ruling. If the owner of the dog
disputes the findings of the City Council,
the owner may appeal to the Minnesota
Court of Appeals as provided by state law.
G. 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 the 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.
M
H. Failure to Contest Notice of Intent to
Declare. If the owner of a dog receives a
notice from the Animal Control Unit of the
intent to declare the dog 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 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.
I 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
dangerous dog designation.
J. Registration. No person may own,
possess, keep, harbor, maintain or otherwise
have a dangerous dog or a potentially
dangerous dog in the City unless the dog is
currently registered as provided in this
section. The City Clerk shall issue an
annual certificate of registration to the .
owner of the dangerous dog or potentially
dangerous dog if the owner presents
sufficient evidence that:
1. A proper enclosure exists for the
dangerous dog and all accesses to the
premises are posted with clearly visible
warning signs issued or approved by the
Animal Control Unit, that there is a
dangerous dog on the property;
2. a surety bond to be held by the City
Clerk has been issued by a surety company
authorized to conduct business in this state
in a form acceptable to the City Clerk and
the City Attorney in the sum of at least
$50,000, payable to any person injured by
the dangerous dog, or a policy of liability
insurance has been issued.by an insurance
company authorized to conduct business in
this state in the amount of at least $50,000,
insuring the owner for any personal injuries
inflicted by the dangerous dog or potentially
dangerous dog;
3. the owner has paid the annual
registration fee as provided for in this
section; and
4. the owner has had microchip
identification implanted in the dangerous
dog or potentially dangerous dog as-
required under Minnesota Statute §347.515.
K. Fees. The City may charge the
owner an annual fee, in addition to any
regular dog licensing fees, to obtain a
certificate of registration for a dangerous
dog or a potentially dangerous dog under
this section. Fees may also be charged for
signs that are designated as the official
symbols for posting and may be purchased
from the City Clerk. These fees shall be set
by resolution of the City Council
L. Tag. A dangerous or potentially
dangerous dog registered under this section
must have a tag, issued by the City Clerk,
identifying the dog as dangerous. This tag
must be affixed to the dog's collar. The
collar must be worn by the dog at all times.
M. Seizure of Dangerous or Potentially
Dangerous Dogs and Violations. An
animal control officer or any police officer
may immediately seize any dangerous or
potentially dangerous dog and/or issue a
citation to the owner of any dangerous dog
if:
1. Within 14 days after the owner has
received notice that the dog is dangerous,
the dog is not validly registered under
subdivision 7- 4A -13: J; 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 person; or
4. 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 in 7- 4A -13: J; or
2. who was provoking, tormenting,
teasing, abusing or assaulting the dog or
who can be shown to have repeatedly, in the
past, provoked, tormented, teased, abused or
assaulted the dog;
3. who was committing or attempting to
commit a crime.
4. Law Enforcement Exemption. The
provisions of this section do not apply to
trained dogs used by law enforcement
personnel officials for police work.
5. Apprehension. Notwithstanding the
provisions set forth in subdivisions 7 -4A-
14: any animal control officer or any police
officer is authorized and empowered to kill
any animal which because of disease or
viciousness constitutes an immediate threat
to human life or safety or the life or safety
of another domestic animal and cannot be
safely taken up and impounded by other
reasonable means. In such case, the owner
shall be liable for any and/or all penalties
provided by law. -
5. after the owner has been notified that
the dog is dangerous or potentially
P. Destruction of Dog in Certain
dangerous, the dog bites or attacks a person
Circumstances. Notwithstanding the
or domestic animal.
provisions set forth in this chapter, a dog
that inflicts -substantial or great bodily harm
N. Confiscation and Destruction of
(as those terms are defined in Minn. Stat.
Dangerous Dogs. If the owner of a
§609.02) on a human being without
dangerous dog is convicted of a crime for
provocation may be destroyed in a proper
which the dog was originally seized, the
and humane manner by Animal Control
court may order that the dog be confiscated
Animal Control shall issue a notice of intent
and destroyed in a proper and human
to destroy the dog to the dog's owner. The
manner, and that the owner pay the costs
owner shall have three days from receipt of
incurred in the confiscating, confining, and
the notice to request a hearing before the
destroying the dog.
Animal Complaint Review Panel. The
owner shall have the burden of establishing
O. Exemptions. Dogs may not be
that the exemptions in 7- 4A -14:P apply to
declared dangerous or potentially dangerous
this incident, or that the dog would not
if the threat, injury or damage was sustained
otherwise be declared dangerous following
by a person;
a hearing conducted for that purpose.
1. who was at the time of injury
committing or attempting to commit a
willful trespass or other tort ar crime upon
the premises occupied by the dog; or,
Section 2: Rosemount Zoning Ordinance,
Section 4.10: is amended as follows:
4.10: ANIMALS:
A. Keeping Animals: The following
animals may be kept in the City:
1. Domestic animals are an allowed use
in all zoning districts.
2. Horses are an allowed use in all
zoning districts provided:
a. Them* lot size is five (5)
acres.
b. The number of horses does not
exceed one per two (2) acres.
3. Farm animals are an allowed use on
all farm property. 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.
4. Animals being kept as part of the
Minnesota Zoological Gardens or St. Paul
Como Zoo docent programs are an allowed
use in all zoning districts. Before such
animals are allowed, however, the
participant in the program must notify the
City Clerk in writing of their participation in
the program and identify the animal being
kept.
5. Animals may only be kept for
commercial purposes if authorized in the
zoning district where the animals are
located.
6. Animals may not be kept if they cause
a nuisance or endanger the health or safety
of the community.
B. Care of Animals: Animals kept within
any zoning district shall be subject to the
following requirements:
1. The size, number, species, facilities
for and location of animals kept shall be
maintained so as not to constitute a danger
or nuisance by means of odor, noise or
otherwise.
2. The person caring for any animal(s)
shall be of sufficient age, knowledge and
experience to adequately and safely care for
and control the animal(s).
3. Facilities for housing animal(s) shall be:
a. Constructed of such material as is
appropriate for the animal(s) involved.
b. Maintained in good repair.
c. Controlled as to temperature, ventilated
and lighted compatible with the health
and comfort of the animal(s).
d. 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 of debility, stress or abnormal
behavior patterns.
e. Cleaned as often as necessary to prevent
contamination of the animal(s) contained
therein and to m inimiz e disease hazards and
reduce odors.
f. 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.
(Section 7.2.A.6)
4. Animals kept in pet shops or kennels
shall be kept in accordance with regulations
for pet shops and kennels in addition to the
regulations provided by this Ordinance.
(Ord. B, 9- 19 -89)
c
Section 3. This ordinance will become
effective from and after its date of
publication.
Adopted this 17th day of December 2002.
Published, Friday January 3rd 2003 in the
Rosemount Town Pages.