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
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ATTACHMENTS: Memorandum
APPROVED BY:
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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:
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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
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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.