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HomeMy WebLinkAbout3.c. Animal OrdinanceCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: JANUARY 15, 2003 AGENDA ITEM: ANIMAL ORDINANCE UPDATE AGENDA SECTION: UPDATE PREPARED BY: GARY KALSTABAKKEN, INTERIM CITY AGENDA NO: ADMINISTRATOR "M Yr% ATTACHMENTS: Memorandum APPROVED BY: k A new animal control ordinance was adopted in December 2002. This ordinance has been published and is now in effect. The attached memorandum highlights some of the issues that had been discussed regarding animal control issues. If any action is desired by Council to revisit the animal ordinance, it can be scheduled for a future Work Session at Council direction. RECOMMENDED ACTION: Discussion COUNCIL ACTION: Elevation 1 1 1 1, 1 1' 1� 1 . 1. 1! 2( 2' 2: 21 r- Elevat ion C� o a g x y SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY R.OSE MOUN`I , . MINNESOTA �� S /REMARKS CARD PROJ CODE: CADV FILK NA B: cen_er�P].nAn DRAWN BY: DATE: MAY, 2000 H DATE SURVEYED BY: DATE: KBYDASTEN Q O. I CROSS- SECTION MAP � . ' 0 o I N rn o C0 t� r 0 r O _n m = O. T rn Ca I� F D O _ p D d{ r m m m Z O z r 70 r rz). m m rn Elevat ion C� o a g x y SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY R.OSE MOUN`I , . MINNESOTA �� S /REMARKS CARD PROJ CODE: CADV FILK NA B: cen_er�P].nAn DRAWN BY: DATE: MAY, 2000 HY DATE SURVEYED BY: DATE: KBYDASTEN Q O. SURVEY DATA: CROSS- SECTION MAP RECORD DRAWINGS OF COMPLETED CONSTRUCTION CONFORMING TO CONTRACTORS AND /OR OWNERS RECORDS. BY - DATE 0 Elevat ion LEGEND PROPOSED TOP OF COVER CONTOURS / EXISTING SITE CONTOURS CROSS- SECTION LOCATIONS \\ LEGEND TOP OF WASTE CONTOURS EXISTING SITE CONTOURS ` �' \�\ CROSS— SECTION LOCATIONS \ l \\ 9 �1 m O O O G I �` \\ �\ I CJ wr f \, SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY FIGURE 2 PROPOSED SITE PLAN Date; 09/05/01 By! tiWPK i LEGEND TOP OF CELL CONTOURS �\ EXISTING SITE CONTOURS CROSS- SECTION LOCATIONS X 0 7 Z O O G7 X D m O O D -� —I c O O m C C r (n uo C!1 s Elevation 0 +00° Co 00 y N 0 W W CA -P 0 0 W W W W W LO co -c0 01 M J W C0 0 —* N 0 0 0 0 0 0 0 0 0 CQ (D 'D CA .P UI 0) 0 0 0 0 1+00 2 +00 3 +00 4 +00 5 +00 6 +00 7+00 8 +00 9 +00 10 +00 11 +00 12 +00 13 +00 14 +00 15 +00 16 +00 17 +00 18 +00 19 +00 r m n �t7 D 20 +00 r O cn 21+00- r d m m a " n 22 +00 O D z cn m a 23+00-- z m 24 +00 25 +00 26 +0 w O W6:) O W O 0 cb 6 C W" " 0 0 0 0 0 0 0 0 0 cr-o 0 0 0 O Elevation d 9 ty SKH ROSEMOUNT INDUSTRIAL WASTE FACILITY i� ,� -�' REVISIONS J REMARKS CADD PRO7 CODE: cm_aftapbn.arg DRAWN BY: DATE: MAY, 2000 SURVEYED BY: pp+ O. BY DATE 0. BY - DATE o y ROSEMOUNT. MINNESOTA SURVEY DATA: ... 0 4 RECORD DRAWINGS OF COMPLETED CONSTRUCTION zo CELL 5 PHASING PLAN CONFORMING TO CONTRACTORS RECORDS. AND /OR OWNERS Al A l BY DATE Cj > H z o C z y � SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY ROSEMOUNT. MINNESOTA .. _ I REVISIONS /REMARKS CADD PROJ CODE: C»Lntcpim.arg bRAwN BY: DATE: MAY, 2000 r DATE Elevation DATE SURVEYED BY: DATE: 0 Co w co w m m w w m c0 co c0 c0 c0 c0 c0 CROSS- SECTION MAP j IV CA -P 0 0) `-J OD W O --' N Cry -P 0 Q1 O +oo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1+00 I 2 +00 Q 3 +00 4 +00 n o 5 +00 N / o 6 +00 D 7 +00 0 m 8 +00 A 9 +00 i I �n 10 +00 N' O; J, I \ �D, Cpl; 12 +00 ui ar 13 +00- �. 14 +00 - x ° IA� p 15 +00 16 +00 17 +00 > o 18 +00 rn jm ` 19 +00 20 +00 ° >. 21+00- . 4 • � 22 +00 ° . 23 +00 24 +00 r-1 25 +00 26+00 0 N W l a I m W 00 Co al m CO 00 co c0 c0 (0 c0 co 20 cz P CTS m ro — c0 c0 0) ° CO N O A 0 N 0) p 00 N N CA 0 ­2 m o m W `P 0 0 0 0 0 0 0 0 0 0 0 0 0 u) 0 m 0 I I F F z K - ''-I I I I I z K� , Elevation n o o o 0 0 0 -*I = m = m m = m m m m Z m 0 '°o -u A r r _u 0 D n D Z° z A r M r o O r m r m z Z A Z z m m m m. Cj > H z o C z y � SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY ROSEMOUNT. MINNESOTA .. _ I REVISIONS /REMARKS CADD PROJ CODE: C»Lntcpim.arg bRAwN BY: DATE: MAY, 2000 D. BY DATE O. BY DATE SURVEYED BY: DATE: 0 SURVEY DATA: - CROSS- SECTION MAP RECORD DRAWINGS OF COMPLETED CONSTRUCTION CONFORMING TO CONTRACTORS AND /OR OWNERS RECORDS. BY DATE A v 4 I DATE: January 9, 2003 TO: Mayor Droste and Council Members FROM Charlie O'Brien, Code Enforcement Official Gary Kalstabakken, Chief of Police SUBJECT: Animal Ordinance Update In December, Council adopted an ordinance based on the City of Rochester's animal ordinance. This issue had been researched and discussed for over eighteen months prior to adoption of the ordinance. Although the adopted ordinance did not include of all the recommendations of staff or the objective of moving some zoning text to city code, it did include some of the recommendations and did clarify some issues. Prohibited animals are more clearly defined and the ordinance requirements on dangerous and potentially dangerous dog issues were brought into compliance with state statutes. The ordinance is a workable ordinance that Rochester has had in place for over six years. Council may desire to study the issues of animal regulations and control in detail at a later time. If directed to discuss these issues by Council, the following is a summary of some the issues for consideration related to animal ordinance amendments: ■ Number of animals. The adopted ordinance limits any residential ownership to a maximum of five dogs, cats or ferrets. There are no provisions in the ordinance for residential kennels. Prior to the current ordinance the number of animals, i.e. dogs and cats, was capped at four. A residential kennel permit was required for more than that number. Staff recommended reducing this to any combination of dogs, cats, or ferrets with a limit of three for residential purposes. Any combination of those animals over three to a limit of five would require a residential kennel permit. Any combination of those animals over five would require a commercial kennel permit. ■ Commercial and residential kennels. The recent animal ordinance amendments included staff recommendations for Commercial Kennels. Commercial kennels are limited to areas zoned for commercial or agriculture with a 20 -acre minimum for agriculture property. ■ Restraint definition, or at large violations. The recent animal ordinance amendments dramatically changed the definition of restraint as it relates to domestic animals. The previous ordinance allowed a dog to be on the property of its owner with no further restraint. If the dog left the owners property unrestrained it was at large. The adopted ordinance requires that the dog be restrained by a chain, fence, or competent person while "on or off' the property of it's owner. This means that a dog sitting on the step of its owner's property, unattended, is at large. This also means a dog on public property does not have to ft be leashed, but under the control of a competent person. Staff recommends adjustments to the definition. Potentially dangerous dogs. The recent animal ordinance amendments dramatically accelerated the requirements for the keeping of potentially dangerous dogs, as defined by state statute, basically treating them the same as dogs that have been declared dangerous. Staff recommends some revisions in this language that would reduce the burden on dog owners whose dogs are found to be potentially dangerous. ■ Potentially dangerous and dangerous dog behavioral training. Staff recommends a training component for potentially dangerous and dangerous dogs to reduce aggression, improve socialization, and educate dog owners on animal behavior problems and solutions in an effort to prevent future problems. This component is not in the adopted ordinance. State statutes recently allowed dog owners to appeal the potentially dangerous or dangerous dog declarations applied to their animals every six months. State statute and our ordinances require a review of the behavior and behavioral modification training, obedience training, or other factors by a review panel and reversal of the potentially dangerous or dangerous designation if the panel finds the reversal is justified. When a dog is declared potentially dangerous there is a tendency for the owner to alter the social contact between their animal and other people and animals. This tends to de- socialize the animal making the possibility of further negative contacts increase. Designation as a dangerous dog and the mandatory requirements of keeping a dangerous dog accelerate this de- socialization process through further isolation. This proposed training is modeled on the Canine Good Citizen program, developed by AKC that has been used with great success nationwide to reduce aggression, socialize animals, and educate animal owners on animal behavior and it's causes. Primates. The recent animal ordinance amendments make an exception to the prohibition on the keeping of primates, as wild animals, related to weight. The exception allows the keeping of primates under five pounds. The rationale to this exception is unclear. Supervisory staff contacted at Rochester Animal Control, who were not present when the exception was drafted, were unable to explain the exception. The intent may have been to allow for the ownership of "New World" Capuchin type monkeys; small in stature, and if obtained from a reputable licensed primate dealer, with a verifiable birth and health record, a low risk of transmittal of public health concerns related to primates. The problem with this exception is that this would allow for the ownership of virtually any primate up to the weight of five pounds. The public health concerns posed by other species of primates can be far more serious and dangerous, especially if the primate is obtained from a non - licensed, non - reputable dealer. Proliferation of these dealers and the availability of primates have increased dramatically through the Internet. The other issue raised by this exception is the city being in the position of telling a citizen who has purchased a primate, which now weighs more than five pounds, that they must get rid of the animal or face enforcement action. ■ Emergency proclamations. The most recently adopted ordinance does not include a "Rabies Proclamation ". Previous ordinance and many other cities ordinances, routinely contain a section granting the Council, or their designee, the authority to declare an emergency proclamation enacting special requirements for animal control during times of rabies outbreak. Rabies is still a very active disease, the highest statistical spike in recorded history occurred in the late 1980's. A staff recommendation to include language for a "Disaster Proclamation" was not included in the recent amendments. This Disaster Proclamation would grant the council the authority to issue proclamations for the regulation of animals, disposal of carcasses, or quarantine of animals suspected of being infected with or capable of transmitting zoonotic diseases to other animals or humans. This would be especially valuable in natural or technical disasters. A storm or power failure could cause the deaths of many animals at a feedlot requiring the disposal of large numbers of animal carcasses quickly, in a manner that would not affect ground water resources. The recent outbreak of hoof and mouth disease in Europe and attractiveness of the State's agricultural economy as a target for bio- terrorism also lend credence to inclusion of this language. A Disaster Proclamation ordinance would allow any recommendations from MPCA, MDH, or other agencies to carry the authority of local ordinance in special situations. Staff recommend including the previously developed language in our ordinances. ■ Manure and pasture management. Many rural- residential and agricultural property owners in Rosemount have farm animals that produce manure in significant quantity. There are actually three feedlots in agricultural sections of Rosemount that are inspected by Dakota County Soil and Water Conservation District Inspectors to assure proper storage, handling and incorporation of manure to protect ground water resources. Manure management of non - feedlot agricultural and rural - residential settings is left to local jurisdiction. Staff has researched, prepared, and recommended a Manure and Pasture Management Ordinance that was generally accepted at a previous Committee Of the Whole work session. This ordinance was not included in the recent animal ordinance amendments. Staff recommends moving this ordinance forward as soon as possible for Council approval to protect public and animal health, and ground water resources.