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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.