Loading...
HomeMy WebLinkAbout8.a. Kennel Ordinance Amendment CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: MARCH 16, 1999 AGENDA ITEM: KENNEL ORDINANCE AMENDMENT AGENDA SECTION: NEW BUSINESS PREPARED BY: SUSAN WALSH AGENDA,�� „ � � ASSISTANT TO ADMINISTRATOR I �� ATTACHMENTS: PROPOSED ORDINANCE; APPROVED BY: CITY CODE RELATING TO KENNELS AND CATTERIES / Attached for City Council discussion is a draft of an ordinance to amend certain sections of the City Code relating to kennels and catteries. Previously the City Council had directed staff to prepare an ordinance that removed the provision requiring applicants to obtain written consent from abutting property owners. This provision has been replaced with a different process whereby the City Clerk would mail notice of the license application and public hearing to property owners within 150 feet of the property on which the proposed kennel would be located. The proposed ordinance also has a provision authorizing the city clerk to renew a license provided there have been no more than four complaints regarding the kennel's operation during the license year. This is for discussion only. Upon further input and direction by the City Council, this item will be brought back to the Council for adoption at the next regular Council meeting. RECOMMENDED ACTION: None ,�ar-05-99 02:06pm From-KENNEDY & GRAUEN +6123379310 T-zar r.uc�uo r-«o CrI'Y OF ROSEMOUNT tJRDINA.NC�NO. _ AN ORDINANCE R�'F'������AE �T�.� 7, C�H�ER AMENDING R�SE?viOUr �C � �ITY c�UNCIL 4F THE CITY oF Ros�NiouNT, MLNNEsoTA oRD�ll�IS ch�t Ciry Code T�ile 7,Chap�r 4C is�mended to r�ad as f�llows: "7-4C-1: I...ICENS�PROVISIONS: A. Reqwrem�nt,Fc�: No p�rsan shall uperatz a cummzrcial ur rzsidenaul kennel or caner�'in ihz Ciry wi�hout first obtainin� a lt�cnse as pr�vided in this Ax�icle. Applicatinn sball be made u� th� CitY Clerk and shall be accompanizd by the �pplication fze, chL amouni of which will be set by council re�luuon. The Clzrk shall reter ihe �pplic�uUA io ihc City Cnuncil, which mdy granj ur d�ny the o�A h 3 ij zn��s ��Lted fnr kennels �r cacteries shall be an an annual basis from Apnl 1 Z g. Applicauon: 1'he application for a kzn�e lcric�a on w�ey��n zl orlc•t ery�i-S io be�2pi nf�tle uwner of�aid k�t�nel ur cat�rY� �nd thz namber�f dog�ur eau praposzd to be kep� C. Tt'ans�fer: 'The kennal or catr�ry rc�istracian is n�S�asr��I�forGh by Caunc�l r solucion�o � old and new awners and the paymenT ot th ihe Ciry Clerk. 7-4C-2: APPLICATION PF q OCEDURES A..\TA ISSUAI�C&OF L,IC&NSES. OR-��� �•: �C.enn�l or catrcry license applica�ians may bz raferrzd co the Building Oi�icralh��k A. Pr� shall revicw the kennel design and ��rarion and mak� a r�c�mmzn�d�ion to�he li znse i� on the adequacy thzrzof. Nat le�s than tzn (lu} ddys before ihe k.ennel ur�at�rY considered by the City Cauncil, the Ci�Y Clerk shall m�il nozice u�the licenso�whl�h the and a publi� beanng w th� owners of prUper[y wiThin 1S0 feet of[he property proposed kennel wauld be located. The failure of ar►y owner to receive such norice shall noi invaLdate che proceedings. B, Cuuncil A�prov : The City Cuuncil may approti�e the kennel or cazcery license and may ot[ach to su�b appruval any cundivans necessary io msure compl�anee with this ordindnce, witli c�ther CiLy oTdiaanCZS aAd Any �ihzT ��ndiiion neC2SSary w pr�t�i ihe healih, safety, and welfazz an� pr�perry valuzs in the irum�diate area. The Ciry Council may ci�ny a ltenn�l or cattery licensz upon finding that �t►e es�a6lishment ot�he kennel would v�ues of a public nuuance, ur woRtld advtr�ly affzct the health, safery, we4fare or propenY �he pers�n residing,Iivinp or ownin;pr�PenY Wl�ln chz�ediate area. C. Renzw�l of lscense: The licensz shall bz rznewdbl� hy �.be City Clzrk upon paYmen� of a ren�wal licet�e fCe set furlh hy City Council r�.solution, providzd n��Q�pldin�s regazaing �,�-r,��.►J F�� CLL-159313 A215-30 �ar-05-99 02:07pm Fram-KENNEDY & GRAUEN +6123379310 T-247 P.�3/03 F-228 ihe kznnel'S operauon ha�e been rec�ived d i�d by c�e �Y �le���licen� h 11 be rzvocati�A ot the license is made or c�ncernp renewed. p, License Revc�cation: In the event a�amPl.un�has been received by City oi�icials, a r�port ther�uf shall be made t� the City Coun�il byc,� sz shoula no b�e nked�A license m•ay be aPPlicant w ap�ear to show cause why �he k n revotced,or the Council may decline co renew a licznse,for��iolati�n of this ordinance,other �ity ordinances or�ny cundivan in�posed �t tha um�of issuancz or rei�su�nce. 7-�.C-3: PREMiSfiS REQi7IREIv1ENTS: �., Fence Far C'ontinemenr_ No licet�e shall bz aran�ted io auy ow�n�r Ior ihe o�raiion of a kariAel Or CaTtery uAless tbz�d wiT.hili whicb che animals are�ca slecp,�2At o,r e Q r�ur the be enclosed complztely wiLh d��k fen�z-�su�f��`n[ ..��� G �d►sposED confinement�f sctid animd]S. p�c� �/ or cat� shaU be main[ained and aper• d in a n�at •anPd / g. Sanitdtiun Noise: �very kennel �5' sanitary manner• �►11 Izt"use, garbagz and animal wastz shall be ramovea at re�ular intervals so as io keep rhe surraundin�arza free from obnnxious ociurs. No uwner shall perrr►it any uf his animals co crear� any unwu�l naise fram barking, cryin�, howlin� �r �t e quict creac� any d�sturbanc� or nuisanc z o f a n y k i nd wha�soever which unduly irnp' anci peaceabir enjoyment of che surrounding araa by ocher residenis. �'tiis ordinance s1�a11 be zfl�:dvz itnmediately upon iU passagz and publicauon dccording to law. �Np•CTEA A..ND�3RDAINED into :u� 4rdinancz this day uf - , 1y99. cTT�r OF Ros&yioclNT Cathy 8usho,Mayor A'I'TES't': Susan M.Wulsh,Ciry Clerk , 1199. Published in thc�osz�nount TawA PdazS��----daY°f cis.-i5s3�3 R:315-30 7-4A-1 7-4A-1 CHAPTER 4 DOGS AND CATS ARTICLE A. ADMINISTRATION AND ENFORCEMENT SECTION: 7-4A-1: Definitions 7...4A_2: Animal Poun01ntedVTo Enforce Chapter 7_..4A-3: Officers App 7...4A�: Interference With Officers 7—�A-5: Rabies, Animal Bites 7�q—S: Exemptions From Provisions 7...4A-7: Impounding, Disposal of Animals 7�q—g; Penalties 7�q_�; DEFIMTIONS: As used in this Chapter, the following terms have the following meanings: AT LARGE A dog or cat is considered to be at large at any time when it is not under restraint as herein defined. (Ord. XIV.4, 12-3-74) CATTERY A place where four (4) or more cats over six (6) months of age are kept or a place at which the business of selling, boarding, breeding, showing or treating cats is conducted when there are four (4) . or more cats being sold, boarded or shown. (Ord. XIV. 9, 7-5-89) COMMERCIAL KENNEL A place where more than three (3) dogs over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted. OWNER A person or persons, firm, association or corporation owning, keeping or harboring a dog or cat. (Ord. XIV.4, 12-3-74) 1089 7�A-1 7-4A�v RESIDENTIAL KENNEL A place where four (4) or more dogs over six (6) months of age are kept on premises which are zoned and occupied for residential purposes, and where the keeping of such animals is incidental to � the occupancy of the premises for residentiai purposes. RESTRAINT A dog or cat is said to be under restraint if it is controlled by a leash; if it is under voice or signal command of a competent person, providing that the dog or cat will obey such voice or signal command, if it is within the limits of the owner's property, or while it is confined within a vehicle being driven or parked in the street. A dog or cat is considered to be under restraint on park property only when it is controlled with the use of a leash no longer than ten feet (10') or when it is under voice or signal command in the exercise areas designated by the Ciry. (Ord. XIV.9, 7-5-89) 7-4A-2: AMMAL POUND PROVIDED: The City Council may provide for a City-owned animal pound or may designate as an animal pound a suitable kennel whether within or outside the limits of the City. 7-4A-�: OFF'ICERS APPOINTED TO ENFORCE CHAPTER: The City Council may from time to time �ppoint such persons as may be necessary to assist the police officers of the City in the enforcement of this Chapter. Such persons shall have p�lice powers insofar as is necessary to enforce this Chapter, and no person shall interfere with, hinder or molest them in the exercise of such powers. 7-4A-4: INTERFERENCE WITH OFFICERS: It shall be a violation of this Chapter for any unauthorized person to break open a pound or attempt to take. from any officer any dog or cat taken up by him in compliance - with this Chapter, or in any manner to interfere with or hinder such officer in . the discharge of his duties under this Chapter. 7-4A-5: RABIES, A1vIMAL BITES: A. Emergency Proclamation: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Council shall issue a proclamation ordering every person owning or keeping a pet to keep the pet confined by chain or enclosure. No person shall violate such proclamation and any pet not confined as described above, shall be subject to the penalty hereinafter provided. 1089 7-4A-5 7-4A-7 B. Reports of Animal Bites: It shall be the duty of every physician or any other person to report to the City Health Officer the names and addresses of persons treated for bites inflicted by animals within the City together with such other information as witl be helpful in rabies control. C. Veterinarian Reports of Rabies Suspects: It shall be the duty of every licensed veterinarian to report to the Animal Warden.his diagnosis of any animal within the City observed by him as a rabies suspect, and the Animal Warden shall immediately inform the City Health Officer of such report. 7-4A-6: EXEMPTIONS FROM PROVISIONS: A. Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this Chapter, except for such duties as expressly stated. B. The registration requirements of this Chapter shall not apply to any dog or cat belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days. Provided that all such dogs or cats shall at all times while within the City be kept under restraint. 7-4A-7: IMPOUNDING, DI5POSAL OF ANIMALS: A. Impoundment for Violations: 1. Impoundment. Any dog or cat found in violation of this Chapter may be taken up by the Animal Warden or other officers designated by the City Council, and impounded in the pound and there confined in a humane manner. 2. Notice. Immediately upon the impounding of a dog or cat wearing a current registration, every reasonable effort to notify the owner of such impoundment and of the conditions whereby the owner may regain custody of the dog or cat shall be made. Any verbal notices shalf be _ immediately confirmed in writing. 3. Right of Entry. To enforce this Chapter, the Animal Warden or other officers may enter upon the private premises where it appears or where there is reasonable cause to believe that a dog or cat is not registered or � is being kept, confined or restrained as required herein, or in pursuit of a dog or cat running at large. Any owner shalt produce for the Animal Warden or other officer's inspection, his registration or receipt upon request. 7-4A-7 7-4A-7 B. Impoundment of Rabies Suspect: Any dog or cat that has bitten a person shall immediately be impounded for a period of time as recommended by the City Health Officer, and kept apart from other animals, until it is determined whether or not said dog or cat has or had rabies. Such impounding may be by the owner and need not be at the City Animal Pound, but if it is not at the City Animal Pound, the owner shall notify the City Animal Warden and shall furnish proof in writing that such animal is being so impounded. After a period of time as recommended by the City Health Officer, if the dog or cat does not have rabies, he may be released, and the City.Animal Warden shall be notified just prior to such release. If the dog or cat is impounded in such pound, such dog or cat may be reclaimed as hereinafter provided. Any dog or cat that has been bitten by a rabid animal or believed to have been exposed to rabies shall be impounded and kept in the same manner and for the same period of time. C. Length of Impoundment: Any dog or cat which is impounded in the pound shall be kept in the City Pound for at least five (5) days unless sooner reclaimed by its owner. If such dog or cat is known to be or is suspected of being rabid or has bitten a person, it shall be kept for a period as recommended by the City Health Officer. D. Reclaiming or Disposing of Impounded Animals: Redemption fines are to be based on number of offenses within a one-year period. Fines shall be determined by Council resolution and reviewed annually. If the dog or cat required a City registration, such registration shall also be obtained before the dog or cat is released. If at the end of the impounding period the dog or cat is not reclaimed by the owner, such dog or cat shall be deemed to have been abandoned and may be sold to any person. If the purchaser will obtain or harbor the dog or cat in this City, a registration shall also be obtained before possession of the dog or cat is given to the purchaser. If such dog or cat is not sold, then it may be destroyed in a manner recommended by the Humane Society. The cost of disposing of any dog or cat or any animal at the specific request of the owner shall be paid for by such owner. Request of this nature must be made in writing to the City Clerk. Proof of ownership or an affidavit to this effect must be made by the person requesting disposition. Payment of the cost shall be made by the owner upon filing of the request for disposition to the Clerk. E. Killing Animals Which Cannot Be Impounded: If a dog or cat is diseased, vicious, dangerous, rabid or exposed to rabies and such dog or cat cannot be impounded after a reasonable effort, or cannot be impounded without serious risk to the person attempting to impound, such dog or cat may be immediately killed by a police officer. (Ord. XIV.4, 12-3-74) 7-4A-8 7-4A-8 7-4A-8: PENALTIES: Any person(s) who shall violate the terms or provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shail be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days in jail, or both. (Ord. XIV.4, 12-3-74; amd. 1983 Code) 494 City of Rosemount 7-4B-1 7-4B-1 CHAPTER4 DOGS AND CATS ARTICLE B. REGISTRATION AND CONDUCT SECTION: 7_48-1; Registration Provisions 7_4B-2: Tag and Collar Required 7-4B-3: Care and Maintenance Requirements 7-4B-4: Restraint Required 7-48-5: Confinement Provisions 7-4B-6: Noise Nuisances 7-4B-7: Proceedings for Impoundment or Destruction of Certain Animals 7_4B-g: Sanitation 7_4B-g: Yard Cleanup 7_4B-�; REGISTRATION PROVISIONS: A. Requirement: No person in the City shall own, harbor or keep a dog or cat over six (6) months of age, within the City, unless a current registration for such dog or cat has been obtained as herein provided. (Ord. XIV.9, 7-5-89) B. Application: Application for �egistration shall be made to the Police Department. It shall include such descriptive information as is necessary to provide a reasonable identification of the dog or cat and owner. (Ord. XIV.12, 4-20-93) C. Term of Validity: All registrations shall be valid for two (2) years, said biennial period being from June 1 to May 31. D. Fees: The biennial registration fee shall be nominal, to cover expenses of registration and shall be set by Council resolution and reviewed annually. (Ord. XIV.13, 12-21-93) 494 City of Rosemount 7-4B-1 7-4B-2 E. Rabies Vaccination: All animals, in order to be registered, shall have a current rabies vaccination and such vaccination shall be effective for the registration period, current status to be determined by a veterinarian certification. F. Duplicate Tags: In the event that the permanent registration tag issued for a dog or cat shall be lost, the owner may obtain a duplicate tag on the payment of an amount as stipulated by Council resolution. G. Transfer of Registration: If a dog or cat dies within the registration year and a dog or cat is secured to replace the one so dying, the registration for the deceased may be transferred to the replacement animal upon payment of a transfer fee of one-half ('/2) of the original fee. H. New Resident Exemptions: Any dog or cat owner, upon first becoming a resident of the City, shall be allowed thirty (30) days from such time within which to obtain the animal's registration. Any dog or cat which may be impounded for violations of this Chapter, within such thirty (30) day period may be reclaimed by the owner without paying the impounding fee, but such owner shall be responsible for paying the keeping of such dog or cat during its impounding. Any dog or cat owner having a valid registration from another municipality may, within thirty (30) days after becoming a Rosemount resident, secure a Rosemount registration for which the owner shall pay a fee prorated to the remainder of the year upon surrender of the valid registration from a previous registering municipality. An affidavit identifying the animal and stating the date of commencing residence of the owner in the City shall be filed with the application. (Ord. XIV.4, 2-3-74) I. Senior Citizen Discount: Senior citizens shall be offered a fifty " percent (50°/a) discount of the biennial fee. (Ord. XIV.13, 12-21-93) 7-48-2: TAG AND COLLAR REQUIRED: A. Upon complying with the provisions of Section 7-4B-1, there shall be issued to the owner a permanent tag, stamped with the number and year for which issued. B. Every owner is required to keep a valid tag securely fastened to the dog or cat's choke chain, collar or harness, which must be worn by 494 City of Rosemount 7-4B-2 7-4B-7 the dog or cat at ali times, unless such animal is on a leash or in an enclosure. (Ord. XIV.4, 2-3-74) 7-4B-3: CARE AND MAINTENANCE REQUIREMENTS: No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat fights. No owner of a pet shall abandon such animal. (Ord. XIV.4, 2-3-74) 7-4B-4: RESTRAINT REQUIRED: The owner shall keep his/her dog or cat under restraint at all times. (Ord. XIV.4, 2-3-74) 7-4B-5: CONFINEMENT PROVISIONS: A. Every owner shall confine within a building or secure enclosure, every fierce, dangerous or vicious dog or cat and not take such animal out of such enclosure unless such animal is securely muzzled. B. Every female dog or cat in heat shall be kept confined in such manner that such female cannot come in contact with another animal except for breeding purposes within a building. (Ord. XIV.4, 2-3-74) 7-4B-6: NOISE NUISANCES: No person shall keep or harbor a dog or cat in the City which annoys others by barking or crying. (1983 Code) 7-4B-7: PROCEEDINGS FOR IMPOUNDMENT OR DESTRUCTION OF CERTAIN ANIMALS: A. Facts of Case: Upon sworn complaint of any person to a County Judge in the County of Dakota that any of the following facts exist: 1. That the animal has destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; 494 City of Rosemount 7-4B-7 7-48-7 2. That the animal has attacked or bitten a person without provocation; 3. That the animal is vicious or shows vicious habits, or molests people or interferes with the driving of automobiles upon a public highway; 4. That the animal habitually barks, cries or whimpers and is a public nuisance; . 5. Or otherwise is being kept within the limits of the City in violation of the provisions of this Chapter; then the procedure set out in subsection B shall be followed. B. Owner to Appear, Judgment: The County Judge shall issue a summons directed to the owner or person having possession of said animal commanding him to appear before said Judge and to show cause why said animal should not be seized or killed or otherwise disposed of by the poundkeeper, or any police officer or animal warden. Such summons shall be returnable not more than forty eight (48) hours from the date thereof and shall be served at least twelve (12) hours before the time of appearance mentioned herein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed, may order the owner to remove it from the City, may order it confined to a designated place, or may order its sale or other disposition as herein provided for impounded animals. In the event an animal has bitten a person, the Judge may order the animal impounded at the owner's expense for such period as may be reasonably necessary to determine whether the animal is rabid. In the event that said animal is rabid, it may summarily be destroyed. C. Failure to Comply With Order: If the owner is ordered to remove the animal from the City or is ordered to keep the animal confined to a designated place and disobeys such order, he shall, upon the filing of a complaint alleging that said order was disobeyed, and after being found guilty of violating the provision, be liable to the punishment for violation of this Chapter. D. Applicability of Section: The provisions of this Section are in addition to and supplemental to other provisions of this Chapter and shall apply throughout the City. 494 City of Rosemount 7-48-7 7-48-9 E. Costs: Costs of the proceedings specified by this Section shall be assessed against the owner of the animal, if said animal is found to be kept in violation of any of the terms of this Chapter. (Ord., 1983) 7-4g-8: SANITATION: All persons in control of an animal on park property or other City property or public right of way shall have in his/her possession at all times apparatus which can be used for cleaning up feces and/or a bag for proper disposal of feces. The person in control of an animal is responsible for pickup of his/her animal's feces and disposing of it properly. (Ord. XIV.15, 11-7-1995) 7-48-9: YARD CLEANUP: A property owner is required to clean all feces from his/her property every twenty four (24) hours in a residential area. (Ord. XIV.9, 7-5-1989) 197 City of Rosemount 7-4C-1 7-4C-1 CHAPTER 4 DOGS AND CATS ARTICLE C. KENNELS AND CATTERIES SECTION: 7-4C-1: Registration Provisions 7-4C-2: Premises Requirements 7-4C-3: Violation, Revocation And Hearing 7-4C-1: REGISTRATION PROVISIONS: A. Requirement, Fee: No person shall operate a commercial or residential kennel or cattery in the City without first obtaining a registration as provided in this Article. Application to register such kennel or cattery shall be made to the City Clerk and shall be accompanied by the specified registration fee. The Clerk shall refer the application to the City Council, which may grant or deny the request. Registrations issued for kennels or catteries shall be on an annual basis from April 1 to March 31. B. Application: The application for a kennel or cattery registration shall state the name and address of the owner of said kennel or cattery, the location where the kennel or cattery is to be kept and the number of dogs or cats proposed to be kept. C. Transfer: The kennel or cattery registration is not transferable except on application of both the old and new owners and the payment of the sum, as set forth by Council resolution, to the City Clerk. Each kennel or cattery registration shall be posted conspicuously on the premises where said kennel or cattery is kept. D. Consent Required: A residential kennel or cattery registration shall not be issued unless the application for such registration is accompanied by the written approval of the occupants of all privately owned real estate abutting the premises on which the kennel or / 197 City of Rosemount � 7-4C-1 7-4C-3 cattery is to be located or unless the applicant's property is three hundred feet (300') or more from any structure used as a home. (Ord. XIV.4, 12-3-1974) 7-4G2: PREMISES REQUIREMENTS: A. Fence For Confinement: No permit shall be granted to any owner for the operation of a kennel or cattery unless the area within which the animals are to sleep, eat or exercise shall be enclosed completely with a wire mesh fence of sufficient height and gauge to insure the confinement of said animals. B. Sanitation, Noise: Every kennel or cattery shall be maintained and operated in a neat and sanitary manner. All refuse, garbage and animal waste shall be removed at regular intervals so as to keep the surrounding area free from obnoxious odors. No owner shall permit any of his animals to create any unusual noise from barking, crying, howling or screeching, or create any disturbance or nuisance of any kind whatsoever which unduly impairs the quiet and peaceable enjoyment of the surrounding area by other residents. (Ord. XIV.4, 12-3-1974) 7-4C-3: VIOLATION, REVOCATION AND HEARING: Any kennel or cattery registration may be revoked by the Council by reason of any violation of this Chapter or by reason of the violation of any other � health or nuisance ordinance, order, law or regulation. Before revoking a kennel or cattery registration, the owner shall be given notice of the meeting at which such revocation will be considered, and if the owner is present at such meeting, he shall first be given an opportunity to be heard. - Notice of such meeting shall be given to the owner in writing, mailed to the address of the owner as set forth in the application, and mailed at least five (5) days prior to the date of the meeting for consideration. (Ord. XIV.4, 12-3-1974) 197 City of Rosemount