03-12-13 CM Agenda Packet AGENDA
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
March 12, 2013
6:30 pm
Paqes
1. Bassett Creek Watershed Management Commission Third Generation Planning 2-8
Process
2. Environmental Commission Presentation - Proposed Ordinance Amendment - 9-77
Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and
Housing
3. Urban Agriculture - Definition of Animal 78-120
4. Outdoor Boilers/Recreational Fires 121-126
5. December 2012 General Fund Report and Fund Balance 128-130
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participation is allowed by invitation of the City Council.
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Executive Summary
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
1. Bassett Creek Watershed Management Commission Third Generation Planning Process
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
The Bassett Creek Watershed Management Commission (BCWMC) is required to update its
Watershed Management Plan every ten years, with the third generation plan scheduled for
completian in 2014. An important step in the planning process is gathering information from
watershed residents and stakeholders, including each of the member cities. Linda Loomis,
Chairperson of the BCWMC Plan Steering Committee, will be at this meeting to facilitate a
discussion with the City Council to gather thoughts and ideas relating to water resource
management issues within Golden Valley. The chairs of the Environmental Commission, Planning
Commission and the Open Space and Recreation Commission have also been invited to this
meeting to participate in the discussion.
Attachments
• Bassett Creek Watershed Management Commission Map (1 page)
• Bassett Creek Watershed Management Commission Watershed Assessment and Visioning
Exercise (2 pages)
• Bassett Creek Watershed Management Commission Watershed Assessment and Visioning
Exercise Survey (3 pages)
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Bassett Creek Watershed Management Commission
Watershed Assessment and Visioning Exercise
BCWMC Vision Statement:
Stewardship of water resources to protect and enhance our communities
WAVE Obiectives:
To gather input from communities to guide the development of the BCWMC 10-year Watershed
Management Plan.
To gather the thoughts and ideas about issues facing BCWMC water resources from watershed
residents, elected and appointed officials, city staff, state agencies, and other partners.
To understand how the Commission can improve water resources while serving the member
communities effectively and efficiently.
To prioritize watershed issues to inform the development of goals and policies in the 10-year
Watershed Management Plan.
WAVE Process:
1. Gather input from residents and officials through an online survey. We encourage you to take the
survey! www.bassettcreekwmo.or�
2. Gather thoughts and ideas at small group meetings in each member city. Meetings to be held
with City Councils, City Commissions, city staff, lake associations, neighborhood associations, and
other groups of residents and stakeholders.
3. Come together as a large group at the Bassett Creek Watershed Summit on June 13th at Plymouth
City Hall to review survey results and prioritize the complete list of issues gathered.
BCWMC Historv and Plan Back�round
In 1969,the Bassett Creek Flood Control Commission was formed by adoption of a loint Powers Agreement
(JPA) between the nine communities in the Bassett Creek Watershed —Crystal, Golden Valley, Medicine Lake,
Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale,and St. Louis Park.
In accordance with provisions of the 1982 Metropolitan Surface Water Management Act in 1982, the Bassett
Creek Flood Control Commission revised its JPA and created the Bassett Creek Watershed Management
Commission (BCWMC).The original mission of the BCWMC was to control flooding and to maintain and
enhance the quality of the surface and ground water resources in the watershed.Since then, most of the
flooding problems have been resolved by the BCWMC and member cities. Now the primary emphasis of the
BCWMC is improving surface water quality in partnership with member communities.
Watershed organizations must update their Watershed Management Plans once every ten years. These Plans
set the vision and guidelines for management surface water resources within the boundaries of the BCWMC.
The current 10-year Plan will expire next year. An updated Plan is currently being developed, with input from
residents, member communities, state agencies, and other stakeholders.
Goals from 2004 BCWMC Watershed Mana�ement Plan
• Manage the water resources of the watershed,with input from the public,so that the beneficial uses of
wetlands, lakes and streams remain available to the community.
• Improve the quality of storm water runoff reaching the Mississippi River by reducing the nonpoint source
pollution(including sediment)carried as storm water runoff.
• Protect and enhance fish and wildlife habitat and maintain shoreland integrity.
• Reduce flooding along the Bassett Creek trunk system.
• Protect human life,property, and surface water systems that could be damaged by flood events.
• Regulate storm water runoff discharges and volumes to minimize flood problems,flood damages,and the future
costs of storm water management systems.
• Provide leadership and assist member cities with coordination of intercommunity storm water runoff planning
and design.
• Prevent erosion and sedimentation to the greatest extent possible to protect the BCWMC's water resources from
increased sediment loading and associated water quality problems.
• Implement soil protection and sedimentation controls whenever necessary to maintain health,safety,and
welfare.
• Implement stream restoration measures whenever necessary to maintain health,safety, and welfare.
• Maintain or enhance the natural beauty and wildlife habitat value of Bassett Creek.
• Achieve no net loss of wetlands in the BCWMC, in conformance with the Minnesota Wetland Conservation Act
and associated rules.
• Protect the quantity and quality of groundwater resources.
• Manage public ditches in a manner that recognizes their current use as urban drainage systems.
• Raise awareness of the watershed's existence and the role that the BCWMC plays in protecting water quality and
preserving the watershed's health and aesthetics.
• Enable the target audiences to have canfidence in the BCWMC's expertise and participate in a meaningful way in
the planning process and ongoing projects conducted by the BCWMC.
• Raise awareness of the impact that individuals, businesses, and organizations have upon water quality and
motivate these audiences to change personal/corporate behavior that has a negative impact on water quality
and the watershed.
����ett Cr���
Bassett Creek Watershed Management Commission
Watershed Assessment and Visioning Exercise
SURVEY
The Bassett Creek Watershed Management Commission wants to hear from you! The Commission is seeking the
thoughts and ideas of area residents to help them understand current and important issues facing our lakes, streams,
ponds, and wetlands. What are your concerns about the waterbodies in your community?What ideas do you have for
improving water quality and where should the Commission and its partners focus their efforts? Please share your ideas
through this short survey and plan to join us at the Bassett Creek Watershed Summit on June 13`h!
Answer here or visit www.bassettcreekwmo.or�to answer online.
1. What city do you live in?
a. Crystal g. Plymouth
b. Golden Valley h. Robbinsdale
c. Medicine Lake i. St. Louis Park
d. Minneapolis j. Other
e. Minnetonka
f. New Hope
2. Do you belong to a neighborhood or lake association? Yes or No
a. If yes what Association do you belong to?
3. How do you use the lakes, streams, ponds and wetlands in your community or surrounding communities? (Choose
all that apply)
a. Swimming f. Walking or running on trails adjacent to the
b. Motor boating, waterskiing or jet skiing water
c. Canoeing, kayaking, or paddle boarding g. In what other ways do you use water
d. Fishing resources in your community?
e. Watching wildlife
4. How important are the lakes, streams, ponds and wetlands to your quality of life in your cammunity? (Choose one
and answer"e")
a. Very important
b. Somewhat important
c. Not important
d. They do not impact my quality of life one way or the other
e. If you chose a or b, describe haw do the water resources impact life in your community?
1 � 4� � � �
5. Please rank the overall quality of water bodies in your community. (Choose one and answer"f" and "g")
a. Excellent
b. Good
c. Fair
d. Poor
e. Very poor
f. Why do you believe the water resources currently have this quality?
g. Are there one or two water bodies that stand out as having very good or very poor water quality? If so,
which ones?
6. What concerns you about the condition of the lakes, streams, ponds and wetlands in your community? (Choose all
that apply)
a. Clarity of water h. Health of the fishery
b. Stability of water levels i. Abundance or diversity of aquatic plants
c. Flooding j. Spread of aquatic invasive species
d. Abundance and diversity of wildlife k. Amount of trash in or around the water
e. Condition of the shoreline, shoreline I. Ability to use the water body for recreation
erosion m. Other
f. Sediment filling in the water body
g. Pollution in the water
7. What results will make the biggest difference in the overall quality of water badies in your community? (Choose
two)
a. Improve water clarity f. Reduce the amount of storm water runoff
b. Reduce the abundance of algae entering water resources
c. Reduce the amount of invasive aquatic g. Improve the condition of shorelines
plants h. Create additional water access points
d. Take action against invasive aquatic animals i. Reduce contaminants
e. Implement flood control measures to
reduce flooding
8. What actions are you willing to take around yaur home and yard to improve water quality? (Choose all that apply.)
a. Direct gutter downspouts into lawns or plantings (rather than onto hard surfaces like driveways)
b. Keep grass clippings and leaves out of the street
c. Use a rain barrel to capture and use rainwater
d. Install a rain garden
e. Discontinue the use of driveway sealants that contain coal tar
f. Sweep up fertilizer from sidewalks and driveways
g. Pick up after your pet
h. Wash your car on the lawn or at a carwash
i. Keep your car in good repair to prevent oil leaks, etc.
2 � �� [� �; ��
j. Participate in volunteer activities with your city or watershed
9. If you had a question or concern about the water bodies in your community, who would you contact?
10. How do you learn about water projects going on in your community?
11. Do you feel that in terms of information about water projects being done in your community you receive
a. Too much information about the projects
b. The right amount of information about the projects
c. Not enough information about the projects
12. How would you like to receive information about water projects going on in your
community?
We would like YOUR ideas and thoughts about the lakes,streams, ponds and wetlands in your community:
13. Considering the water bodies in your community, what are your major concerns or issues that should be addressed?
14. What actions should be taken to address your issues and who should take those
actions?
15. Other comments about water resources:
3 � �" <� �; #,
4 L Y� i.+�� ,.. y�dE�'r:(k,if
�
Public Works Department
763-593-8030/763-593-3988(fax)
Executive Summary
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
2. Proposed Revisions to City Code, Section 10.32: Animals and Fowl Keeping, Transporting,
Treatment, and Housing
Prepared By
Jeannine Clancy, Director of Public Works
Eric Seaburg, EIT, Engineer
Summary
Since May 2012, the Environmental Commission has studied the hobby of backyard chicken
keeping. As part of the study, the Commission heard from professionals who spoke on behalf of
the benefits, drawbacks, wildlife impacts, and enforceability of amending the City Code to allow
residents to participate in the hobby.
After hearing testimony from many points of view, the Commission deliberated over the issue.
There were aspects of chicken keeping that Commission members both liked and disliked. In
January 2013, on a 4-3 vote, the Commission decided to recommend to the City Council a
modification to Section 10.32 of the City Code to allow the keeping of chickens. The proposed
Section 10.32 modification, which includes a permitting process, is attached.
The Commission crafted the revision of the City Code very carefully, keeping in mind the rights Qf
property owners who wish to keep chickens and the privacy of their neighbors, while also
considering environmental concerns.
Environmental Commission Chair Rich Baker will be present the Commission's final report and
recommendation on the issue.
Attachments
• Section 10.32 Study Final Report (54 pages)
• Typica) Lot Configurations with Proposed Setback Requirements (5 pages)
• Proposed Section 1Q.32: Animals and Fowl Keeping, Transporting, Treatment, and Housing,
clean version, redline/strikeout version (4 pages)
• Proposed Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and Housing,
clean version (4 pages)
SECTION 10.32 STUDY
Issues Analysis and Recommended Action
Section 10.32 of City Code
For the City of Golden Valley
March 12, 2013
Golden Valley Environmental Commission:
Rich Baker, Chair Jim Stremel
Tracy Anderson Damon Struyk
Lynn Gitelis Dawn Hill
Debra Yahle
Contents
1.0 Introduction..............................................................................................................................................1
1.1 Methodology................................................................................................................................................1
1.2 Significance of Study....................................................................................................................................1
2.0 Community Feedback................................................................................................................................2
2.1 Article in Golden Valley's Publication, CityNews..........................................................................................2
2.2 Article in Local Publication,SunPost Newspaper.........................................................................................2
2.3 Article in Local Publication,KSTP News........................................................................................................2
2.4 Online Forum via City Website.....................................................................................................................2
3.0 Work Program...........................................................................................................................................2
3.1 Those Opposed to Chicken-Keeping(MayJ...................................................................................................3
3.1.1 Mary Britton Clouse—Chicken Run Rescue.............................................................................................3
3.1.2 Speaker Summary....................................................................................................................................3
3.2 Those in Favor of Chicken-Keeping(June)....................................................................................................4
3.2.1 Les Larson—City of Oakdale....................................................................................................................4
3.2.2 Bob Lies—Eggplant Urban Farm Supply..................................................................................................4
3.2.3 Speaker Summaries.................................................................................................................................4
3.3 Those Who Manage and Enforce Animal Ordinances(July).........................................................................5
3.3.1 Keith Streff—Animal Humane Society.....................................................................................................5
3.3.2 Todd Carey—St.Paul Animal Control......................................................................................................5
3.3.3 Speaker Summaries.................................................................................................................................5
3.4 Local Ordinance Review(JulyJ......................................................................................................................6
3.5 Those Who are Knowledgeable about Real Estate(August)........................................................................6
3.5.1 lacqueline Day—Edina Realty..................................................................................................................6
3.5.2 Karla Rose—Edina Realty.........................................................................................................................6
3.5.3 Speaker Summaries.................................................................................................................................6
3.6 Golden Valley City Staff(September)...........................................................................................................7
3.6.1 Stacy Carlson—Chief of Police.................................................................................................................7
3.6.2 Josh Kunde—Fire/Property Maintenance Specialist.............................................................................7
3.6.3 Mark Grimes—Director of Planning and Development...........................................................................7
3.6.4 Speaker Summaries.................................................................................................................................7
3.7 Those Who Manage Wildlife(October)........................................................................................................8
3.7.1 Rich Baker—Minnesota Department of Natural Resources....................................................................8
3.7.2 Speaker Summary....................................................................................................................................8
4.0 Important Meeting Minutes......................................................................................................................8
4.1 City Council Minutes.....................................................................................................................................8
4.2 Environmental Commission Minutes............................................................................................................9
5.0 Recommendation....................................................................................................................................12
Appendix A—Golden Valley CityNews Publication
Appendix B—SunPost Newspaper Publication
Appendix C—KSTP News Publication
Appendix D—Local Ordinances Matrix
Appendix E—Golden Valley Website Feedback Matrix
Appendix F—Recommended Ordinance Revision to Section 10.32
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1.0 Introduction
The chicken (Gallus gallus comesticus) is the most common bird in the entire world,with a population of
approximately 24 billion in 2003. Unlike their close relative the turkey,chickens are domesticated fowl
and are not normally found in the wild.They have traditionally been associated with rural villages,farms
and townships as a means of supplying the local people with fresh meat and eggs.This is still common in
the United States, but was more widespread until the middle of the 20`h century.As part of the
suburban housing boom that proceeded WWII,millions of Americans left the rural agricultural life to live
a life of city convenience.To many,suburban living included a life free of farms and farm animals.As
such,several cities accommodated this desire and structured ordinances to forbid the keeping of farm
animals within city limits.This gave way to the supermarket era,where city dwellers could travel to their
local grocery store and purchase the groceries they desired.
Presently,there has been a strong push by individuals and organizations to produce food locally.
Backyard gardens are already a common practice in suburban life, but the push to maintain a flock of
backyard chickens is quite new.Currently,Section 10.32 of Golden Valley's City Code prohibits the
keeping of any of the following farm animals:cattle, horses, mules,sheep,goats,swine, ponies,ducks,
geese,turkeys,chickens,guinea hens,and honey bees. In 2012,the Golden Valley City Council was
approached by a group of residents to reconsider the ordinance to allow the keeping of chickens.The
Council directed that the Environmental Commission (a group of volunteer Golden Valley residents
formed to aid the Council) perform a study on this issue and report back with its findings and a
recommendation by the Spring of 2013.
1.1 Methodolo�v
As directed by the Council,the Environmental Commission heard from various professionals who have
knowledge,experience,endorsement,or apprehension regarding the issue.At the Environmental
Commission's monthly meetings,a different topic was covered each month with a knowledgeable
representative present to discuss the topic.Topics covered included the following:opposition to chicken
keeping,advocates of chicken keeping, local animal ordinances,the enforcement of local animal
ordinances, real estate values,wildlife impacts, and City staff concerns.Also,to receive public opinion,
the Commission had an online forum set up on the City webpage where individuals were able to post
their thoughts regarding the issue.
1.2 Significance of Studv
The purpose of the study and report is to inform the City Council of the information gathered by the
Environmental Commission,as well to present the Commission's recommendation.
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2.0 Community Feedback
As part of the study,the Commission monitored media coverage and public opinion regarding backyard
chicken keeping as it relates to Golden Valley.
2.1 Article in Golden Valley's Publication. Ci, News
To inform residents of the study and to solicit public opinion,a full page was used in the City's bi-
monthly news publication,CityNews,to relay the message. As seen in Appendix A,the article indicates
the timeline of the study,the topics to be covered,and how to use the online feedback forum.
2.2 Article in Local Publication. SunPost Newspaper
An article by Sue Webber of the Sun Newspapers discusses the City's response to the chicken keeping
issue. It is an informative piece that highlights the group performing the study, how long the study is
estimated to take and the reason behind that timeline,the City webpage for online feedback, and other
topics to be covered by the Environmental Commission in 2012.This article can be found in Appendix B.
2.3 Article in Local Publication. KSTP News
KSTP news did a segment on Golden Valley's decision to study Section 10.32 of the City Code. Within the
segment,Golden Valley Mayor Shep Harris was interviewed.The reporter pointed out that Minneapolis
and St. Paul already had functioning chicken ordinances that Golden Valley could inevitably use.The
Mayor responded by explaining that Golden Valley is not the same as Minneapolis or St. Paul and needs
to make these kinds of decisions itself.The online page where the video is hosted and summary of the
broadcast is shown in Appendix C.
2.4 Online Forum via City Website
The online forum set up on the City website attracted numerous comments from residents. In total,over
60 comments were received.There were also a number of comments received via telephone and email.
All comments obtained were relayed to the Environmental Commission and used as part of their study.
A summary of the comments received can be found in Appendix E of this report.
3.0 Work Program
This section provides a detailed summary of all topics covered by the Commission.When speakers are
referenced,a background of the speaker is given as well as a summary of their discussion with the
Commission. It should be noted that,while the summaries provided within this report attempt to touch
on the main points covered by the speakers,the conversations were generally quite long and cannot
fully be contained within this report.
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3.1 Those O�posed to Chicken-Keeping_.(MaX�,
3.1.1 Mary Britton Clouse-Chicken Run Rescue
Mary Britton Clouse is the organizer of Chicken Run Rescue, a Minneapolis based non-profit
organization devoted to the safety and well-being of"urban" chickens.The organization
provides temporary shelter and vet care for unwanted and mistreated birds. In addition,the
organization locates and screens potential adopters within 90 miles of the Twin Cities
metropolitan region.
3.1.2 Speaker Summary
Ms. Britton Clouse began by giving an introduction to her organization. Chicken Run Rescue is
the only urban chicken rescue organization in the country and has provided temporary shelter
and vet care to over 850 birds. She went on to describe the increasing interested in Minneapolis,
a city where urban chickens are currently allowed. "Over 400 permits have already been issued
by Minneapolis Animal Care&Control, up from 26 in 2001,with approximately 15 new
applications arriving per week."As an organization,Chicken Run Rescue promotes the following
regulations to municipalities:
• Permit chickens as companion animals only and be prepared to enforce protections
as such.
• Prohibit breeding,encourage adoption.
• Prohibit sale or barter of eggs.
• Put a slaughter ban in place.
A Commission member asked Ms. Clouse if there are people using internet or community
education forums in order to learn how to raise chickens responsibly. Ms. Clouse responded that
there are in fact a number of learning outlets, but that they almost all focused on egg
production and not about the bird's general care.She mentioned that she holds classes at her
own house and has interested people spend a few hours taking care of her birds.This way,they
get hands on experience and can see the proper way to care for a chicken.According to Ms.
Clouse, hens naturally have varying laying cycles.Some hens will lay once a day,while others will
lay a few times per week. Ms.Clouse again stressed how dangerous it can be to feed hens a
layer formula that artificially enhances egg production.She stated that the leading cause of
death in hens is due to ovarian cancer and that it is common for hens to die after two years of
egg laying.
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3.2 Those in Favor of Chicken-Keeping�iune�.
3.2.1 Les Larson-City of Oakdale
Les Larson is a Planning Commissioner and Chairman of the Ordinance Review Committee with
the City of Oakdale. Les volunteered to speak with the Commission in regard to the success he
has personally had in raising chickens. In addition, he has extensive experience writing and
reviewing city codes,as Oakdale has just recently finished a six-year review of their codes and
ordinances.
3.2.2 Bob Lies-Eggplant Urban Farm Supply
Bob Lies is the owner of Egg�Plant Urban Farm Supply,a business out of St. Paul that caters to
the growing demand of urban farming. In addition to running the business, Bob and his wife
have been putting on information chicken-raising workshops in S. Paul on a monthly basis. Bob
agreed to speak to the Commission with an emphasis on the benefits it can bring to a family or
neighborhood and how to raise chickens correctly.
3.2.3 Speaker Summaries
Bob Lies has owned chickens for five years and has owned an urban farming supply store for two
years. He began by addressing a few items that every potential chicken owner should consider.
First and most importantly, Bob asks potential owners what the purpose is for having chickens.
One can get a chicken for laying purposes,for meat,or for companionship. He recommends
evaluating the following question, "Would you take a$5 bird to the vet if it gets sick or
wounded," as the answer to this question will provide the backbone for the chicken raising
operation. In addition,the owner should know what he or she is going to do with the bird once
it stops laying eggs.That being said,a number of Bob's personal birds have stopped taying eggs,
and his family has decided to let them live as companion pets.When done right,Bob believes
that the chicken-raising process can be a both educating and fulfilling.
Les Larson talked about his personal chicken-raising operation in Oakdale. He spoke largely on
the physical process of keeping the chickens. He went into great detail on his cleaning, heating,
and egg gathering processes. He gets his enjoyment out of making things as easy and simple as
possible,and he thinks there is a good reason everybody should do that.According to Les, if
ones finds that it is a burden to go out and take care of the chickens,or one dreads going
outside when it is 20 degrees below zero and windy and he or she knows that they're going to
spend a half hour out there,they are not going to take care of the chickens. For Les, being
creative and ingenious is half the fun.
The Commission asked the men about the coop heating process works. Larson replied that,with
a properly insulated coop,one can expect to pay approximately$5 per month via their
electricity bill. Les, in response to Larson,stated that most coops are not as elaborate as
Larson's and that the average chicken-keeper could expect to pay substantially more than $5
per month.The chickens'water also needs to heated in the winter or it will freeze.
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The Commission pointed out that the sex of baby chicks is not known for months after hatching.
Bob was asked what people would need to do after finding out they have a baby rooster when
roosters are generally not allowed in most cities.According to Bob, his company has an
arrangement with a local farm store that has agreed to take the roosters,as roosters are still a
commodity to some.
3.3 Those Who Manage and Enforce Animal Ordinances fJulXl
3.3.1 Keith Streff-Animal Humane Society
Officer Keith Streff is with the Humane Investigations Department of the Animal Humane
Society. He has more than 25 years of experience in the investigation and enforcement of
animal welfare laws. He also has extensive knowledge in the language and structure of animal-
related ordinances. Keith agreed to speak with the Commission about information pertaining to
animal welfare and to field questions relating to ordinances and ordinance development.
3.3.2 Todd Carey-St.Paul Animal Control
Todd Carey is an officer with the St. Paul Animal Control.As a field officer,Todd responds to
many of the complaints and concerns that St. Paul residents have about different animal-related
situations. He has seen both good and bad examples of chicken-keeping in St. Paul.
3.3.3 Speaker Summaries
Officer Streff began by speaking about the issue of amending the code for the keeping of non-
contemporary animals within city limits.Speaking about how other cities address non-
contemporary animals,Streff described that each city will have its own unique way of
structuring their municipal language. Much of this will depend on the demographics,
geographics,and practicality within their zoning.The Commission asked about the subjectivity
of permitting and whether it creates too much animosity between neighbors when one person
may be allowed whereas another cannot.Streff said he likes to think of it as realistic arbitration.
The City should be allowed to use some common sense within the permit process to create
stipulations based on specific conditions within the property under consideration.
Officer Carey noted that,similar to what Streff had said,chickens in St. Paul are considered non-
contemporary exotic animals that require a permit and inspection through the St. Paul Animal
Control. Carey indicated that the inspections are a way to make sure that all requirements that
were stipulated within the permit are being met. He also explained that there are occasions
when residents keep Tai Roosters for fighting purposes. In addition,Carey mentioned that there
are instances when different ethnic groups use male roosters for cultural purposes.
The Commission asked Officer Carey about the number of permits and the time spent by the
Animal Control in regulating the permits. To that end,Carey stated that there are over 100
permitted addresses in the City that keep chickens.There is an officer dedicated to chickens
who spends approximately half of his time performing chicken related tasks.Officer Streff
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pointed out that although St. Paul spends a great deal of time regulating chickens,St. Paul is
much larger than Golden Valley with a vastly different demographic, and that Golden Valley staff
can expect a case load that would be scaled down dramatically.
In summary,the officers recommended that Golden Valley create an ordinance that best fits the
city, regardless of what other communities are doing.Should the city pass an ordinance allowing
chickens,the city should make sure that it has the resources necessary to enforce the
stipulations outlined in the ordinance.Officer Streff recommended that the City's ordinance
cover all non-contemporary animals within the same permit,so that the City isn't having to hold
a similar procedure in the future to handle honey bees,goats, pigeons, and others.
3.4 Local Ordinance Review (IulXl
City staff provided the environmental Commission with a number of documents that reviewed
ordinances from other local municipalities. By analyzing other city ordinances, it became apparent that
ordinances on fowl and other non-contemporary animals varied widely from city to city.A few
examples:
• Edina—Chickens classified as livestock and livestock is prohibited
• Minneapolis—Permit required with neighbor consent,annual inspections
• Shoreview—Permit required, number of birds depends on lot size
• Robbinsdale—More than 2 hens requires City Council approval
� New Hope—No more than 3 hens requires City Council approval
� St. Louis Park—No person shall harbor fowl without written approval from City
A detailed version of these ordinances and many other ordinances can be found in Appendix D.
3.5 Those Who are Knowledgeable about Real Estate (August�.
3.5.1 Jacqueline Day—Edina Realty
Jacqueline Day is a real estate agent in the community and does a lot of work in Golden Valley.
She has been a licensed realtor/broker for over 20 years.She has a vast knowledge of the entire
metropolitan area and surrounding counties.
3.5.2 Karla Rose—Edina Realty
Karla Rose is also a real estate agent in the community. Like Jacqueline,she sells many homes in
Golden Valley and also has extensive knowledge of the metropolitan area as a whole.
3.5.3 Speaker Summaries
Both Jacqueline and Karla agreed that property values would not be affected if the City decides
to allow residents to keep chickens. However,they explained that even though the property
values are unaffected,the potential buyers that the City attracts might shift.According to Day, a
new ordinance for allowing chickens,for good or bad,would present a new perception to the
-6-
west metro about what Golden Valley represents; "I think it is all about Golden Valley deciding
who it wants to be. Every city has its own personality.The thing I like about Golden Valley is that
we kind of do our own thing. It is certainly probably the most urban of all of western suburbs."
The real estate agents compared the issue to times they have tried to sell homes next to a
residence with a loud dog or unkempt yard.Some buyers may be turned off,whereas others
may not.As long as the coops are tidy and maintained,they do not foresee many real estate
driven problems.
3.6 Golden Valle ��City Staff(September�
3.6.1 Stacy Carlson-Chief of Police
Stacy Carlson has been the Chief of Police for the City of Golden Valley for over five years. In
those five years,she has seen first-hand how often the Police Department responds to animal
related calls.These calls include neighbor disputes, barking dogs,stray animals,and others.
3.6.2 josh Kunde-Fire/Property Maintenance Specialist
Josh Kunde's role as the Fire/Property Maintenance Specialist involves a wide range of
property inspections to make sure compliance with the City Code is achieved. He performs these
inspections on a routine and complaint basis.
3.6.3 Mark Grimes-Director of Planning and Development
Mark Grimes,the Director of Planning and Development, has extensive knowledge of the City's
zoning policies.Accessory structures and fences that would potentially be required for a
resident to keep chickens would be subject to these zoning ordinances.
3.6.4 Speaker Summaries
Police Chief Carlson began by describing the Police Department's role in animal related calls.
They currently respond to loose or lost animal calls, barking dog complaints,and any other
animal related issue. Carlson went on to explain that the Police Department,as a whole,was not
in favor of an ordinance change to allow chicken keeping. Her stance was due to the additional
workload that would inevitably fall to the police department. Beyond the permitting process,
she foresees neighbor complaints being one of the most time consuming issues her department
would face with respect to an ordinance change.When the police respond to situations that
lead to taking animals from a home,there is a city-owned storage facility that the police
department uses to house animals until they can be transported to a shelter. For bigger cases,
such as hoarding cases,the police department contracts with a third party that has additional
resources.She made the argument that the city-owned animal impound facility is really geared
towards harboring dogs and cats and that it would need to be modified to handle chickens.
Josh Kunde discussed the growing number of licenses that the City issues each year. Currently,
licenses are issued for all single family rental homes,duplexes,triplexes,apartments,group
-7-
homes,and town homes. He estimated that approximately 700 licenses are issued per year.
Kunde fears that additional animal licenses/permits and the prospect of noncompliance could
potentially create an even larger work load for staff,when resources are already being stretched
fairly thin.
Mark Grimes mentioned that the City already receives numerous complaints from residents who
take issue with the appearance of their neighbors'sheds. He fears that coops would draw even
more scrutiny from neighbors and doesn't see it as a benefit to the community as a whole. Mark
suggested having a very rigid set of rules for those who would like to keep chickens.
3.7 Those Who Manage Wildlife (October�,
3.7.1 Rich Baker-Minnesota Department of Natural Resources
Rich Baker works with the Department of Natural resources and spoke with many of his
colleagues regarding potential wildlife impacts. Most importantly,he spoke on the issue of
predators and predator attraction.
3.7.2 Speaker Summary
Mr. Baker reported that backyard chickens,generally,would not increase the number of
predators in a neighborhood.Any problems with predators that may arise would be a function
of how the City decides to set standards,such as coup design,fencing,food management,and
waste management. He also explained that animal populations do not move in response to the
presence of prey in great distances. If the predator is close,and can hear or see the prey,then
they will obviously move that short distance. In essence, predators come and go.Chickens will
naturally gather interest from predators already in the area,as opposed to pulling additional
predators into the area.
4.0 Important Meeting Minutes
4.1 City Council Minutes
June 8,2010 Council/Mana�er Meetin�Minutes
"Council Member Pentel spoke in favor of allowing chickens to be kept in the City.After discussion
Council Member Freiberg stated that he is not opposed to considering a chicken ordinance, but as a
majority of the Council does not support proceeding, he did not think staff time should be committed to
the issue."
March 10,2012 Council Mana�er Meetin�Minutes
"Tom Burt stated that a number of residents have requested the City Council amend the City Code to
allow residents to keep chickens. He said that staff has some concern about enforcement, but if the
direction from City Council is to go forward with allowing residents to keep chickens staff would come
back to the Council with a draft ordinance.Council Member Scanlon said she has spoken at length with
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the Humane Society and Mary Britton Clouse from Chicken Run Rescue about her concerns including:
how regulations would be enforced,disposing of waste, requiring building permits for coops, heating
and cooling the coops, people not taking care of their chickens,odors and noise. She suggested the issue
be tabled until the Council has had time to do more research about the pros and cons of allowing
chickens.After discussion,the Council consensus was to have the Environmental Commission study the
issue further before a decision was made."
Mav 08. 2012 Council/Mana�er Meetin�Minutes
"Environmental Commission Chair Rich Baker reviewed the Commission's proposed work plan and
timeline regarding the study of whether the City Code should be amended in order to allow the keeping
of chickens. He noted that the six month deadline given by the Council might not be realistic and that
the Commission hopes to have the study complete by March 2013."
4.2 Environmental Commission Minutes
April 23, 2012 Environmental Commission Meetin�Minutes
"Council directed the commission to Ordinance 10.32 which prohibits keeping fowl in the city and make
a recommendation as to whether or not the ordinance should be amended.Council asked for the
recommendation to be submitted within six months.The commission expressed concern about the
deadline.A work plan with a timeline was discussed. ln addition to the recommendations from Council,
the commission made the following requests of staff to assist the Commission with the study:
• Arrange a meeting with professionals who are knowledgeable on both sides of the issue
• Find out who the City of Minneapolis consulted with as part of their study
• Provide ordinances from other cities that allow the raising of chickens
� Arrange for a meeting with code enforcement staff from other cities,similar to Golden Valley,
that allow chickens(Robbinsdale, New Hope,Shoreview,and St.Anthony).
• Background information on the previous study done, in Golden Valley on the same topic
• Request guidance from the city attorney's office
Baker will draft the work plan/timeline and a memo to Council. It will be sent to the commissioners,via
staff,for review and then presented at a Council/Manager meeting in May.Clancy reported that a place
on the city website will be set up for residents to submit their comments."
Mav 21,2012 Environmental Commission Meetin�Minutes
"Baker reported that he presented the work plan at a Council/Manager meeting on May 8`". He asked
that in an effort to insure the timeline for the study is met,that commissioners check their calendars
and report any meeting conflicts to staff. Mary Britton Clouse and Albert Clouse from Chicken Run
Rescue presented information on their organization to the commission.Their presentation is on-file and
Q&A's are listed separately. Staff researched ordinances which manage chickens,in comparable cities
and the results were given to the commission.This will be discussed at a future meeting."
-9-
June 25. 2012 Environmental Commission Meetin�Minutes
"Bob Lies,owner of Egg Plant Urban Farm Supply,spoke to the commission about his experiences in
urban farming. Les Larson,a Planning Commissioner and Chairman of the Ordinance Review Committee
with the City of Oakdale, also spoke to the commission about his experience raising chickens.
Additionally he shared his experience in reviewing codes and ordinances for the City of Oakdale. Both
presentations are on-file and the Q&A's are listed separately.Staff handed out 3-ring binders to each
Commissioner,which will assist in keeping the study material organized."
luly 30, 2012 Environmental Commission Meetin�Minutes
"Guests Officer Keith Streff from the Animal Humane Society and Todd Carey of the St. Paul Animal
Control,shared their experiences in animal control and enforcement. Mr. Carey said that a permit is
required for any St. Paul resident wishing to raise chickens.To obtain the permit the applicant is
required to get permission from 75%of the neighbors within 150'of their property but that does not
include properties across the street. He recommended that if the City adopts a similar permitting
process that they require the permission of the property owners on either side of the petitioner.St. Paul
currently has active 100 permits for harboring chickens. Officer Keith Streff spoke of the importance of
having an ordinance that is enforceable.Q&A's from the discussion are listed separately."
Au�ust 27,2012 Environmental Commission Meetin�Minutes
"Guests Karla Rose and Jacqueline Day, realtors with Edina Realty,answered questions from the
commission regarding the potential impact to property sales if the ordinance is changed to allow
chickens. Both realtors stated they did not believe property values would be affected by the change. Mr.
Rose has sold many homes in cities where chickens are allowed and has seen no impact. Ms. Day
believes the City needs to answer the question of who do they want to be; how does the City wan#to
paint itself?Struyk asked if having chickens would need to be disclosed and the answer was no."
September 20.2012 Environmental Commission Meetin�Minutes
"Guests police Chief Stacy Carlson,fire/property maintenance inspector Josh Kunde and planning
director Mark Grimes discussed how changing the ordinance will impact each of their departments.
Carlson said the police department currently serves as animal control for the city and they are not in
favor of amending the ordinance. Most of the calls received by the department are livability issues and
she believes the addition of chickens in the city will add to the workload. In addition she expressed
concern regarding a higher call volume(due to noise,smell,etc.),the logistics of having to transport
chickens to the Humane Society due to the lack of impound facilities for chickens and the potential for
attracting predators.
Kunde echoed some of the same concerns but also added the concern for fire hazards caused in heating
coops and the additional time staff time required for licensing and inspecting. Each license may require
multiple visits to the property.The initial inspection may only be one visit but if there are complaints
then multiple inspections may be necessary as a follow up.
- 10-
Grimes said harboring animals is outside of the zoning code but Planning may be involved due to the
fact that coops would be considered an accessory building and property owners are limited to a total of
1,000 square feet for all accessory buildings.Q&As are listed separately.
Commissioners reviewed the study timeline.An open house will not be done as a public hearing is part
of the process if Council decides to move forward with a change in the ordinance.Seaburg will add to
the timeline,the date for the presentation to Council (March). He will also draft an outline for the final
report for the next meeting. Baker will serve the role of wild life expert at the next meeting."
October 22.2012 Environmental Commission Meetins Minutes
"Baker spoke to the commission, in his role as a DNR official, about wildlife implications if Sec. 10.32 is
amended. He does not believe the predator population will increase as a result of chickens.What could
attract predators is food that is not properly stored or waste that is not cleaned up. He confers with
other speakers that proper coop design and fencing will help to keep predators away.
Seaburg presented a draft of the final report.The commission will review it at the next meeting and
discuss the recommendation to the Council. Gitelis asked if staff could research what the penalties are
for ordinance violations in other cities that allow chickens.She also asked for an estimate of additional
staff time devoted to this ordinance if changed."
November 26,2012 Environmental Commission Meetin�Minutes
"The commissioners each shared theirthoughts on the results ofthe study.An initial poll was taken
followed by further discussion.
Seaburg reported that he asked the Police Chief and the Chief of Fire/Inspections what the time
implications would be to their staff if ordinance was changed to allow chickens. Based on an estimate of
15 applications/complaints/inspections,they believed there could be an additional 96 hours per year of
staff time if the ordinance was amended to allow chickens.
A motion to recommend to Council to not allow chickens in the city was MOVED by Anderson and
seconded by Baker.All in favor were Anderson, Baker and Gitelis;opposed were Hill,Stremel,Struyk and
Yahle therefore the motion failed. Following the vote,a list of pros and cons was developed as well as a
list of potential elements for the ordinance.Seaburg will revise the final report and create a draft
ordinance. Both will be reviewed at the January meeting.
Staff will check with the city attorney to see if the ordinance can be restricted to single family homes
only.Seaburg will review other city ordinances to see which ones require neighbor consent."
-11-
5.0 Recommendation
Through its research,the Commission has heard of many situations in which raising chickens has been
successful,such as a family with small children raising a flock in a well-maintained coop for the purpose
of education.These examples can be found in cities such as Minneapolis and St. Paul,as well as in the
surrounding suburban communities. In contrast,the Commission heard stories of animal hoarding,
cockfighting,and un-kept coops that endanger the well-being of the birds.
In order for this to be a successful ordinance,the City will need to allocate appropriate staff time to
facilitate the fair and safe harboring of these animals.As estimated by City staff,the time necessary to
process permits, provide property inspections,and follow up on complaints is approximately 96 hours
annually.This is based on the assumption that the City might receive approximately 15 permits per year.
This estimation is based on what other cities of Golden Valley's size have experienced as well as from
feedback the Commission has received from residents. Appendix F of this report is the proposed revision
to Section 10.32.
The table below includes examples of issues and assumptions that were raised by guest speakers who
talked to the Commission about the proposed ordinance revisions:
Pros for Changing the Ordinance Cons Against Changing the Ordinance
Minimal number of requests (p. 6) Staff time(p. 11)
• Permit reviews^'30 hrs
• Initial inspections"'30 hrs
• Follow-up inspections^'30 hrs
• Animal complaints^'6 hrs
No impact on property values(p. 6) Little anticipated interest(p. 6)
Respect for private property rights(p. 12) Impact on neighbors(p.7)
Educational value(p.4) Difficulty of enforcement(p. 8)
Local food production(p.4) Cruelty(p. 5)
"Livestock in the City" (p. 6)
Disposing of old chickens (p.4)
Slippery slope (p.6)
Uneven treatment of lot size(p. 5)
After careful consideration,the Environmental Commission recommends that the City Council amend
Section 10.32 of the Golden Valley City Code to allow keeping of hen chickens on residential property.
The vote was 4-3.While the prevailing vote was to recommend a modification to Sect+on 10.32,the
Environmental Commission feels that the ordinance revisions be crafted carefully so as to protect the
rights of property owners who are adjacent to those who desire to keep chickens,while also protecting
the individual property rights of those who wish to raise hens on their property.
- 12-
Appendix A - Golden Vallev Cit,yNews Publication
:11 � •• •.. � , . • 'll
� •• � �• .
• ` .111 • • ` ' . �
•• •' • � � • • , •� � i . � . • �.� • � •
r
• . ... - . ....
_r ��t�� �
.�
Chickens In Golden Valle ? � r���: ` v
y _
. m � �
�.���F� ����r�i��s �aossii�ifities, asks for� �e���ar� � �
. � � �
Should Golden Valley make it possihle f�r residents to keep chickens on thcir
� �
property?That's the yuestion the CiYy's En��ironmental Commissionwill bc 1�,��1. �
ing inio over ihe next six t� l2 month�. Currenily, Section 10.32 ofihe Golden Vall��� ���� �
City Code prol�ibits reside»ts from keepin�, transportin�, and housing animals an�i �
folvl or treating them in a cruel or inlluma»e manner. �,�
At its April ]7,20]2 meeting,the City Council directed • conduct self-directed,i��dependent
the Environmental Commission to study the City's information-and fact-tinding ef��orts as
current ardinance and make a recommendation as to needed �
whether or not it should be amended and,if so,what . account for diverse��iews on the Yopic �
amendments should be considered.As part of the study, �
the Commission will: Tl�►e Environmental Commission's final report will detail
all considerations related to chickens on private proper-
� consult with professionals (Animal Humane Society, ty,including data and information collected fi-om all the
Chicken Run Rescue,etc� regarding chickens on research and interviews conducted,arranged by topic.
private property in urban environ�nents The report will also include a summary of pros and cons
• review similar ordinances for adjacent and other of allowing chickens on private property in Golden Val
Twin Cities'metropolitan cities ley and a recommendation to the City Council.
• discuss issues and concerns relevant to the topic with Publie Input
code enforcement and police staff for Golden Valley An online feedback form is available on the City website
and for adjacent or metropolitan cities for Golden Valley residents who wish to provide input
� discuss relevant land use issues with Golden Valley's about the issue of raising chickens in Golden Valley.
Planning staffand Planning Cominission Go to www.goldenvalleymn.gov/homeyard/.When
f discuss potential impacts on the environment and studying the issue,the Environmental Cominission w�ill
other wildlife (coyotes,raccoons,etc�with nature consider comments from completed feedback forms as
and wildlife professionals well as from a yet-to-be-scheduled open house(watch
CrtyNews and the City website for details�.All feedback __.
� talk to legal counsel about issues related to neigh- ��,i��become part of the public record and final
bors'consent on fowl keeping ., p,r•/+,
.
report. � �, ` G���...�
Finance Documents Available Online �
Several City finai�ce documents are available online fui Annual Financial Report(CAFR)is an audited
public revie�v.11�e City Budget is the financial plan for fin.u�cial statement of the previous year. ..��
the City for the upcoming two years.The Carital Im-
provement Program (CIP�oudines scheduled expen- All of these documents are reviewed by Moody's Inves��
ditures for tl�e upcoming five years for major purchases tor Services for Golden Valley's Aaa bond rating,whicl�
and/or construction projects that cannot be financed �s the highest available.Check them out at www.golden-
in one ear because of their cost.The Com�rehensive �'alleymi�.gov/budget/.For more infonnation,contact
� } Finance Director Sue Virnig at 763-593-80]0.'�?'�'�
�
Appendix B - SunPost Newspa�er Publication
Chickens study will take 10 months in Golden Valley � Sun Post Page 1 of 3
Online Studv �
Globe Univ./IvIN School of Business Successful Futures Start Here!
wwwMSBCoI leee.edL�Onlin�Pro�ran�s
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Brooklyn Center-Brooklyn Park-Crystal-Robbinsdale-New Hope-Golden Valley
Home News Sports Schools Opinion Community Police 8 Fire Classifieds Public Notices
Chickens study will take 10 months in Golden Valley ._ . _ ___
By Sun Post Editor on May 16,2012 at 12:00 am ' SeafCh... iSubmit Quei
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vrww.mandaWmontessori.com �
BY Sue Webber—Sun Newspapers Familv Law-Minnesota
Experienced MN Family law Firm Divorce,Child
Support,Appeals
A decision on whether people in Golden Valley can keep chickens won't COme qUiCkly. �+w�+•�ewi�sonww.mm
Hens&Chicks-Wholesale
Rich Baker,chair of the city's Environmental Commission,outlined a draft work plan for Affordable Wholesale Orders of Soft 8�Hardy
Suaulents.Free Ship$75+
that group's study of the issue at a City Council work session May 8. Mo��xa�^c��aroe^S.�m
Twin Cities Lasik Clinic
The commission has been charged with studying whether Golden Valley city code Restore your dear vision,contact Chu Vision to
see the solutfon!
should be amended to allow people to keep chickens.The City Council originally www.ChuVision.com ,a�es(�
stipulated a six-month study,but Baker said last week the work cannot be completed
within six months. Content blocked by �
"You gave us eight points to cover,and we felt obligated to cover them,"Baker said."If your organization
we hadn't gotten eight points,we would have tried to do this faster."
The group's motivation will be to resolve the issue before spring 2013,Baker said.
Baker said the group will hear presentations from the following groups:
-Professionais opposed to keeping chickens in urban environments(Animal Humane
Society,Chicken Run Rescue)
'►.1
-Professionals supportive of keeping chickens in urban environments
-Representatives of cities similar to Golden Valley that allow chickens(Robbinsdale,
New Hope,St.Anthony,and Shoreview) ��s rx-eo�y!�
-Wildlife professionals regarding environmental and wildlife impacts(Department of
Natural Resources)
-A realtor regarding the effect of chickens on real estate values
http://post.mnsun.com/2012/OS/chickens-study-will-take-l0-months-in-golden-valley/ 9/17/2012
Chickens study will take 10 months in Golden Valley � Sun Post Page 2 of 3
-Golden Valley code enforcement staff, police,and city attorney
-Planning staff and Planning Commission review of land use issues
"We want to hear a diversity of views,"Baker said.
A city Web page will be created to accept comments from the public, Baker said.
He also anticipates a public open house in late summer to provide an opportunity for
citizens to address the commission on the issue.
Baker last week also reviewed the Environmental Commission's priorities for 2012,but
said there won't be much time to consider them until the chicken issue is resolved.
"This[the chicken study]will be in place of other things we might be doing,"Baker said.
"This will consume us for the next year.We intend to do a good job.It will not be a
wasted effort.There's a lot of interest in this."
The commission's other priorities for 2012 include:
-Transportation alternatives
-Composting
-Natural area management plans
-Pilot project of solar panels on city buildings
-Promotion of student and school projects
-Development of a green fair section for the home remodeling fair.
Issues the city would have to decide before allowing chickens,council members said
earlier, include what would constitute humane living conditions for chickens, how the
regulations would be enforced,disposal of waste products,odors, noise,building
permits for coops,and whether the fowl are to be considered pets,egg-producers or
companions.
Two years ago,a 19-year resident of Golden Valley,spurred by community interest
across the country in raising chickens,told the council many cities are changing their
ordinances to allow chickens in backyards,including New York,Los Angeles,Chicago,
Atlanta,Seattle,San Franciso, Portland,Dallas and Miami.
In the Twin Cities metro area, chickens are allowed in Minneapolis, St.Paul,
Bloomington,Burnsville and New Hope.
But the Goiden Valley City Councii decided at that time not to carry the discussion any
further.
Related posts:
• Chicken study will take 10 months in Golden Valley
• Golden Valley Library
• Golden Valley Seniors
• ArtsySmartsy in Golden Valley
• Not an ordinary day in Golden Valley
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A�pendix C - KSTP News Publication
Golden Valley Takes 10 Months to Study Chickens � KSTP TV -Minneapolis and St. Paul Page 1 of 3
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Updated:OS/16/2012 10:59 PM
Created:OS/16/2012 7:44 PM KSTV.com� Lg�JpS I ��l�l�
By:]ay Kolls
Golden Valley Takes 10 Months to Study Chickens
If you think govemment moves slow,consider
this:Golden Valley is taking ten months to
study a chicken wop ordinance.The aty's
Environmental Commission told the City
Council it will need that much tlme to do an � �
exhaustive study of the chicken rnop rnde.
Minneapolis and St.Paul already have chidcen
coop ordinances.
But,Golden Valley Mayor,Shep Harris,tells 5 EYEWTiNESS NEWS they do
not want to pattem their ordinance aRer those cities,because Golden
Valley is unique and they want to get input from citizens.Harris says it ' '
won't cost taxpayers any extra money,because it is part of Nie existing
budqet of the Environmental Commisslon.Harris says the city will look at
what other communities have done with their chicken coop ordinarxes,
Local farm supply stores teU 5 EYEWITNESS NEWS sales of thickens in the � � �
metro area are at an all-time high.Eagan is also considering a chicken � � �
coop ordinance and Bumsville recently adopted one.
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Appendix D - Local Ordinances Matrix
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Appendix F - Recommended Ordinance Revision to Section 10.32
Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and
Housing
Subdivision 1.Definitions
As used in this Section,the following definitions shall apply.
IA. Farm Animals:Cattle,horses,sheep,goats,swine,ponies,ducks,geese,turkeys, �`����Tguinea
hens,and honey bees.
B. Animals:Includes farm animals and all other animais,reptiles and feathered birds or fowl except
dogs,cats,gerbils,hamsters, hen chickens, and caged household birds.
C. Impaired Waters:Any water deemed impaired by the Minnesota Pollution Control Agency MPCA .
The MPCA defines an imqaired water as one which fails to meet the water aualitv standards
described in Section 303(d)of the Clean Water Act.
Subdivision 2.Keeping of Animals
It is unlawful for any person to keep or harbor any animal,not in transit,except(1)animals kept as part of a show
licensed under the City Code,or,(2)animals used in a parade for which a permit has been issued,or,(3)animals
kept in a laboratory for scientific or experimental purposes,or,(4)animals kept in an animal hospital or clinic for
treatment by a licensed veterinarian.
Subdivision 3. Keenine of Chickens
Noperson shall own, harbor,or keeq within the Citv a hen chicken unless a permit for such chicken has been
obtained pursuant to the provisions stated herein.
A. Permit
a. A permit mav be issued to sin�le-familv residential properties.
b. Permits must be obtained annuallv and have an expiration date of April 1.
c. Permit application fees are due upon submittal of the permit application.The fee will be
established bv Citv Council ordinance.
d._ The City retains the ri�ht to denv or revoke anv qermit application or permit renewal
application if it deems the aqplicant unable or unwillin�to fulfill the provisions stated herein,
for failure to comalv with the provisions of this section,submittins an inaccurate or
incomplete qermit apqlication, if the conditions of the permit are not met,if a nuisance is
created,or if the public health and safetv would be unreasonablv endan�ered bv the
grantin�or renewin�of such permit.
e. An initial inspection of the qropertv,coop,and run is required prior to issuance of a permit.
A similar inspection is also reauired for permit renewals.
f. The Citv retains the ri�ht to insqect the permitted propertv to ensure compliance with the
provisions of Section 10.32 at anv time for anv reason.
B. General
a. The keeping of roosters is strictiv prohibited.
b. _The keeping of chickens within S00 feet of an impaired bodv of water is strictiv prohibited.
c. No more than four(4)chickens shall be kept on anv one propertv.
d,_ Chickens must be confined on the permitted premise at all times,in a chicken cooq or
chicken run,and mav not be kept in any part of the principal dwelling,�ara�e,front vard,or
side vard for anv amount of time.
e. The butcherin�of chickens is prohibited.
f. All chicken�rains and feed must be stored in a rodent proof container.
� The use of chickens for cockfi�hting is prohibited.
C. Coop and Run
a. All chickens must be provided access to both a coop and run.
b. All fencin�and electrical work associated with the chicken coop or run must be consistent
with the buildin�and zonin�codes with all appropriate qermits bein�obtained.
c. Anv chicken cooq or run shall be set back at least fiftv feet(50'1 feet from the principal
dwelling,includin�principal dwellin�s on adiacent lots and ten feet(10')from the property
line.
d. Anv chicken coop or run shall be located closer to the qrinciqal dwellin�of the permitted
propertv than to anv principal dwellins on adiacent properties.
e. Chicken coops must have a maximum footprint area of ten(10)square feet per chicken and
a minimum footqrint area of five(5)square feet per chicken.
f. Chicken runs must have a maximum footprint area of twentv(201 square feet per chicken
and a minimum footprint area of ten (101 square feet per chicken.
�. The coop must be elevated a minimum of 12"and mav not exceed a hei�ht of six feet(6')as
measured from the�round.
h. No coop or run shall be located in anv form of easement or ri�ht-of-wav.
i. The coop and run must be completelv enclosed and rodent proof.
j. The coop must provide adepuate protection from the elements and must be winterized.
D. Private Restrictions and Covenants on Prooertv
Notwithstanding the issuance of a permit bv the Citv, private restrictions or covenants on the use
of propertv shall remain enforceable. Private restrictions include but are not limited to deed
restrictions,condominium master deed restrictions,nei�hborhood association bv-laws,and
covenant declarations.A qermit issued to a qerson whose premises are subiect to private
restriction_s an.d/or covenants that qrohibit the keeqins of chickens is void.The interpretation
and enforcement of the private restriction is the sole responsibilitv of the private parties
involved.
Subdivision 4.Animals in Transit
It is unlawful for any person to transport animals unless they are(1)confined within a vehicle,cage or other means
of conveyance,or(2)restrained by means of bridles,halters,ropes or other means of individual restraint.
Subdivision 5.Treatment
It is unlawful for any person to treat any animal as herein defined,or any other animal,in a cruel or inhumane
manner.
Subdivision 6.Housing
It is unlawful for any person to keep any animal as herein defined,or any other animal,in any structure infested by
rodents,vermin,flies or insects,or inadequate for protection against the elements.
Subdivision 7.Trespasses
It is unlawful for any person to herd,drive or ride any animal over and upon any grass,turf,boulevard,City park,
cemetery,garden or lot without specific permission therefor from the owner.
Subdivision 8.Trapping
It is unlawful for any person to,by means of any device or contrivance,catch,trap,snare,or restrain any animal.
IProvided, however,that the " Chief of Police or Director of Public Works may waive the
prohibition in this Subdivision for the purposes or abating nuisances.
Subdivision 9.Enforcement
Licensed peace officers,reserve officers,and community service officers,employed by the Police Department e#
°��",-���are authorized to issue administrative citations in accordance with Section 4.60 Subdivision 3.6 of the
Citv Code for the violation of this Section.
Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and
Housing
Subdivision 1.Definitions
As used in this Section,the following definitions shall apply.
A. Farm Animals:Cattle,horses,sheep,goats,swine,ponies,ducks,geese,turkeys,guinea hens,and
honey bees.
B. Animals:Includes farm animals and all other animals,reptiles and feathered birds or fowl except
dogs,cats,gerbils,hamsters, hen chickens,and caged household birds.
C. Impaired Waters:Any water deemed impaired by the Minnesota Pollution Control Agency(MPCA).
The MPCA defines an impaired water as one which fails to meet the water quality standards
described in Section 303(d)of the Clean Water Act.
Subdivision 2.Keeping of Animals
It is unlawful for any person to keep or harbor any animal, not in transit,except(1)animals kept as part of a show
licensed under the City Code,or,(2)animals used in a parade for which a permit has been issued,or,(3)animals
kept in a laboratory for scientific or experimental purposes,or,(4)animals kept in an animal hospital or clinic for
treatment by a licensed veterinarian.
Subdivision 3.Keeping of Chickens
No person shall own,harbor,or keep within the City a hen chicken unless a permit for such chicken has been
obtained pursuant to the provisions stated herein.
A. Permit
a. A permit may be issued to single-family residential properties.
b. Permits must be obtained annually and have an expiration date of April 1.
c. Permit application fees are due upon submittal of the permit application.The fee will be
established by City Council ordinance.
d. The City retains the right to deny or revoke any permit application or permit renewal
application if it deems the applicant unable or unwilling to fulfill the provisions stated herein,
for failure to comply with the provisions of this section,submitting an inaccurate or
incomplete permit application,if the conditions of the permit are not met,if a nuisance is
created,or if the public health and safety would be unreasonably endangered by the
granting or renewing of such permit.
e. An initial inspection of the property,coop,and run is required prior to issuance of a permit.
A similar inspection is also required for permit renewals.
f. The City retains the right to inspect the permitted property to ensure compliance with the
provisions of Section 10.32 at any time for any reason.
B. General
a. The keeping of roosters is strictly prohibited.
b. The keeping of chickens within 500 feet of an impaired body of water is strictly prohibited.
c. No more than four(4)chickens shall be kept on any one property.
d. Chickens must be confined on the permitted premise at all times,in a chicken coop or
chicken run,and may not be kept in any part of the principal dwelling,garage,front yard,or
side yard for any amount of time.
e. The butchering of chickens is prohibited.
f. All chicken grains and feed must be stored in a rodent proof container.
g. The use of chickens for cockfighting is prohibited.
C. Coop and Run
a. All chickens must be provided access to both a coop and run.
b. All fencing and electrical work associated with the chicken coop or run must be consistent
with the building and zoning codes with all appropriate permits being obtained.
c. Any chicken coop or run shall be set back at least fifty feet(50')feet from the principal
dwelling,including principal dwellings on adjacent lots and ten feet(10')from the property
line.
d. Any chicken coop or run shall be located closer to the principal dwelling of the permitted
property than to any principal dwelling on adjacent properties.
e. Chicken coops must have a maximum footprint area of ten(10)square feet per chicken and
a minimum footprint area of five(5)square feet per chicken.
f. Chicken runs must have a maximum footprint area of twenty(20)square feet per chicken
and a minimum footprint area of ten(10)square feet per chicken.
g. The coop must be elevated a minimum of 12"and may not exceed a height of six feet(6')as
measured from the ground.
h. No coop or run shall be located in any form of easement or right-of-way.
i. The coop and run must be completely enclosed and rodent proof.
j. The coop must provide adequate protection from the elements and must be winterized.
D. Private Restrictions and Covenants on Property
Notwithstanding the issuance of a permit by the City,private restrictions or covenants on the use
of property shall remain enforceable.Private restrictions include but are not limited to deed
restrictions,condominium master deed restrictions,neighborhood association by-laws,and
covenant declarations.A permit issued to a person whose premises are subject to private
restrictions and/or covenants that prohibit the keeping of chickens is void.The interpretation
and enforcement of the private restriction is the sole responsibility of the private parties
involved.
Subdivision 4.Animals in Transit
It is unlawful for any person to transport animals unless they are(1)confined within a vehicle,cage or other means
of conveyance,or(2)restrained by means of bridles,halters,ropes or other means of individual restraint.
Subdivision 5.Treatment
It is unlawful for any person to treat any animal as herein defined,or any other animal,in a cruel or inhumane
manner.
Subdivision 6.Housing
It is unlawful for any person to keep any animal as herein defined,or any other animal,in any structure infested by
rodents,vermin,flies or insects,or inadequate for protection against the elements.
Subdivision 7.Trespasses
It is unlawful for any person to herd,drive or ride any animal over and upon any grass,turf, boulevard,City park,
cemetery,garden or lot without specific permission therefor from the owner.
Subdivision 8.Trapping
It is unlawful for any person to,by means of any device or contrivance,catch,trap,snare,or restrain any animal.
Provided,however,that the Chief of Police or Director of Public Works may waive the prohibition in this
Subdivision for the purposes or abating nuisances.
Subdivision 9. Enforcement
Licensed peace officers,reserve officers,and community service officers,employed by the Police Department are
authorized to issue administrative citations in accordance with Section 4.60 Subdivision 3.B of the City Code for the
violation of this Section.
SECTION io.32 SETBACK ANALYSIS
TYPICAL LOT CONFIGURATIONS
i OF 5
- .25 ACRE -
������<� ���:, .. .���, � '�_ �-,: ��
EXISTING DRAINAGE &
UTILITY EASEMENT
_. _
_._ -... _._. ._.�,
I
i
50.0'
� � 10' PROPERTY
LINE SETBACK
50.0'
_
�
a
w i
0
50.0' � #7024 �
a (.25 ACRE) i
0
� i
a
. I ': °
�i
� , ,_ 'k �r
�����_ � � � �
, ;�
i
!
75.0' PROPERTY WIDTH
PLYMOUTH AVE NORTH
RESULT: NOT POSSIBLE
REASON: 50' SETBACK FROM PRINCIPAL
STRUCTURE NOT MET
SECTION 10.32 SETBACK ANALYSIS
TYPICAL LOT CONFIGURATIONS
2 OF 5
- .3o ACRE -
EXISTING DRAINAGE &
UTILITY EASEMENT
� -_-- --- -- ._._ - .
� t
39.7, L
� -� �10' PROPERTY
w LINE SETBACK
0
�
�
�
� #8520
� (.30 ACRE)
�
�
�
N
! �1
� I
___ __ _
.
I►- 105.0' PROPERTY WIDTH -�{
-- � �
23RD AVE NORTH
RESULT: NOT POSSIBLE
REASON: 50' SETBACK FROM PRINCIPAL
STRUCTURE NOT MET
SECTION io.32 SETBACK ANALYSIS
TYPICAL LOT CONFIGURATIONS
3 OF 5
- •35 ACRE -
�
� 150.9' PROPER Y DEPTH
50.0
_
F-
0
�
�
~ #2360
w (.35 ACRE) 5 0.0� �
n o 50.0'
D �
< �
fr1
r o
r o
D � ,
m 50.0' 23.3' � � 50.0
Z
�-► EXISTING RAINAG
UTILITY E SEMENT
10' PROPERTY
LINE SETBACK
RESULT: POSSIBLE
REASON: ALL SETBACKS ARE MET
SECTION io.32 SETBACK ANALYSIS
TYPICAL LOT CONFIGURATIONS
4 OF 5
- .41 ACRE -
WOODSTOCK AVE N
�- 100.0' LOT WIDTH �
�� �10' PROPERTY
LINE SETBACK
I #5635
(.41 ACRE)
= 50.0'
�
w 50.0'
° 50.0'
�
0
J
�
�
�
39.3'
10' EXISTING DRAI
j � & UTILITY EASEME
�
50.0'
50.0'
�
RESULT: POSSIBLE
REASON: ALL SETBACKS ARE MET
SECTION io.32 SETBACK ANALYSIS
TYPICAL LOT CONFIGURATIONS
5 �F 5
- .5 i ACRE -
� �
��
o�
� ,
��' 69 0.
— o� �� �OT aF,oTy.o'
0
,��°� o
� / �
�� �
y� �o.
�
#300
(.51 ACRE)
� 50.0'
/ 10.6'
/ � 50.0'
/ 10 PROPERTY
LINE SETBACK 50.0� �
50.0'
�
�10' EXISTING RAINAGE
& UTILITY E EMENT
I
I
RESULT: PLAUSIBLE
REASON: SETBACKS ARE MET, ACTUAL
VIABLE AREA IS TIGHT
§ 10.32
Section 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Housing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks,
geese, turkeys, �"��"�s guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, reptiles and feathered
birds or fowl except dogs, cats, gerbils, hamsters, hen chickens, and caged
household birds.
C. Impaired Waters: Any water deemed impaired by the Minnesota Pollution
Control Agency (MPCA). The MPCA defines an impaired water as one which
fails to meet the water quality standards described in Section 303(d) of the
Clean Water Act.
Subdivision 2. Keeping
It is unlawful for any person to keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a permit has been issued, or, (3) animals kept in a laboratory
for scientific or experimental purposes, or, (4) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian.
Subdivision 3. Keepinq of Chickens
No person shall own, harbor, or keep within the City a hen chicken unless a permit
for such chicken has been obtained pursuant to the provisions stated herein.
A. Permit
1. A permit must be issued to single family residential properties.
2. Permits must be obtained annually and have an expiration date of April 1.
3. Permit application fees are due upon submittal of thepermit application.
The fee will be established by City Council ordinance.
4. The City retains the right to deny or revoke any permit application or
permit renewal application if it deems the applicant unable or unwilling to
fulfill the provisions stated herein, for failure to comply with the provisions
of this section, submittiny an inaccurate of incomplete permit application,
if the conditions of the�ermit are not met, if a nuisance is created, or if
the public health and safety would be unreasonably endangered by the
granting or renewing of such permit.
Golden Valley City Code Page 1 of 4
§ 10.32
5. An initial inspection of the propertx, coop, and run is required prior to
issuance of a permit. A similar inspection is also required for permit
renewals.
6. The City retains the right to inspect the permitted �roperty to ensure
compliance with the provisions of Section 10.32 at any time for anx
reason.
B. General
1. The keeping of roosters is strictl�prohibited.
2. The keeping of chickens within five hundred (500�feet of any impaired
body of water is strictly prohibited.
3. No more than four (4) chickens shall be kept on any one �roperty.
4. Chickens must be confined on the permitted premise at all times� in a
chicken coop or chicken run�and may not be ke�t in any part of the
principal dwelling, garage, front yard, or side yard for any amount of
time.
5. The butchering of chickens is prohibited.
6. All chicken arains and feed must be stored in a rodent proof container.
7. The use of chickens for cockfighting is prohibited.
C. Coop and Run
1. All chickens must be provided access to both a coop and run.
2. All fencing and electrical work associated with the chicken coo� or run
must be consistent with the building and zoning codes with all appropriate
permits being obtained.
3. Any chicken coop ar run shall be set back at least fifty (50) feet from the
principal dwelling, including principal dwellings on adjacent lots and ten
(10) feet from the propertk line.
4. Any chicken coop or run shall be located closer to the principal dwelling of
the permitted property than to an r�principal dwellinq on adjacent
�roperties.
5. Chicken coops must have maximum footprint area of ten (10 s�uare feet
per chicken and a minimum footprint area of five (5) square feet per
chicken.
Golden Valley City Code Page 2 of 4
§ 10.32
6. Chicken runs must have a maximum foot�rint area of twentv (20) sc�uare
feet per chicken and a minimum footprint area of ten j10� square feet per
chicken.
7. The coop must be elevated a minimum of twelve (12) inches and may not
exceed a height of six (6) feet as measured from the graund.
8. No coop or run shall be located in any form of easement or right-of-wa�
9. The coop and run must be completely enclosed and rodent �roof.
10. The coop must provide adeguate protection from the elements and must
be winterized.
D. Private Restrictions and Covenants on Property. Notwithstanding. the issuance
of a permit by the City�.,private restrictions or covenants on the use of
property shall remain enforceable. Private restricts include but are not limited
to deed restrictions, condominium master deed restrictions, neighborhood
association by-laws, and covenant declarations. A permit issued to a person
whose premises are sub�ect to private restrictions and1or covenants that
prohibit the keeping of chickens is void. The interpretation and enforcement
of the private restrictions is the sole responsibility of the private parties
involved.
Subdivision 3 4. Animals in Transit
It is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, or (2) restrained by means of
bridles, halters, ropes or other means of individual restraint.
Subdivision A� 5. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision � 6. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 5 7. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turf, boulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Subdivision � 8. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the '
Golden Valley City Code Page 3 of 4
§ 10.32
Chief of Police or Director of Public Works may waive the prohibition in this
Subdivision for the purpose of abating nuisances.
Subdivision S 9. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Police Department are authorized to issue administrative
citations in accordance with Section 4.60 Subdivision 3(B) of the City Code for the
violation of this Section.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code Page 4 of 4
§ 10.32
�ection 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Housing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks,
geese, turkeys, guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, reptiles and feathered
birds or fowl except dogs, cats, gerbils, hamsters, hen chickens, and caged
household birds.
C. Impaired Waters: Any water deemed impaired by the Minnesota Pollution
Control Agency (MPCA). The MPCA defines an impaired water as one which
fails to meet the water quality standards described in Section 303(d) of the
Clean Water Act.
Subdivisian 2. Keeping
It is unlawful for any person to keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a permit has been issued, or, (3) animals kept in a laboratory
for scientific or experimental purposes, or, (4) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian.
Subdivision 3. Keeping of Chickens
No person shall own, harbor, or keep within the City a hen chicken unless a permit
for such chicken has been obtained pursuant to the provisions stated herein.
A. Permit
1. A permit must be issued to single family residential properties.
2. Permits must be obtained annually and have an expiration date of April 1.
3. Permit application fees are due upon submittal of the permit application,
The fee will be established by City Council ordinance.
4. The City retains the right to deny or revoke any permit application ar
permit renewal application if it deems the applicant unable or unwilling to
Golden Valley City Code Page 1 of 4
§ 10.32
fulfill the provisions stated herein, for failure to comply with the provisions
of this section, submitting an inaccurate of incomplete permit application,
if the conditions of the permit are not met, if a nuisance is created, or if
the public health and safety would be unreasonably endangered by the
granting or renewing of such permit.
5. An initial inspection of the property, coop, and run is required prior to
issuance of a permit. A similar inspection is also required for permit
renewals.
6. The City retains the right to inspect the permitted property to ensure
compliance with the provisions of Section 10.32 at any time for any
reason.
B. General
1. The keeping of roosters is strictly prohibited.
2. The keeping of chickens within five hundred (500) feet af any impaired
body of water is strictly prohibited.
3. No more than four (4) chickens shall be kept on any one property.
4. Chickens must be confined on the permitted premise at all times, in a
chicken coop or chicken run, and may not be kept in any part of the
principal dwelling, garage, front yard, or side yard for any amount of
time.
5. The butchering of chickens is prohibited.
6. All chicken grains and feed must be stored in a rodent proof container.
7. The use of chickens for cockfighting is prohibited.
C. Coop and Run
1. All chickens must be provided access to both a coop and run.
2. All fencing and electrical work associated with the chicken coop or run
must be consistent with the building and zoning codes with all appropriate
permits being obtained.
Golden Valley City Code Page 2 of 4
§ 10.32
3. Any chicken coop or run shall be set back at least fifty (50) feet from the
principal dwelling, including principal dwellings on adjacent lots and ten
(10) feet from the property line.
4. Any chicken coop or run shall be located closer to the principal dwelling of
the permitted property than to any principal dwelling on adjacent
properties.
5. Chicken coops must have maximum footprint area of ten (10) square feet
per chicken and a minimum footprint area of five (5) square feet per
chicken.
6. Chicken runs must have a maximum footprint area of twenty (20) square
feet per chicken and a minimum footprint area of ten (10) square feet per
chicken.
7. The coop must be elevated a minimum of twelve (12) inches and may not
exceed a height of six (6) feet as measured from the ground.
8. No coop or run shall be located in any form of easement or right-of-way.
9. The coop and run must be completely enclosed and rodent proof.
10. The coop must provide adequate protection from the elements and must
be winterized.
D. Private Restrictions and Covenants on Property. Notwithstanding the issuance
of a permit by the City, private restrictions or covenants on the use of
property shall remain enforceable. Private restricts include but are not limited
to deed restrictions, condominium master deed restrictions, neighborhood
association by-laws, and covenant declarations. A permit issued to a person
whose premises are subject to private restrictions and/or covenants that
prohibit the keeping of chickens is void. The interpretation and enforcement
of the private restrictions is the sole responsibility of the private parties
involved.
Subdivision 4. Animals in Transit
It is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, or (2) restrained by means of
bridles, halters, ropes or other means of individual restraint.
Golden Valley City Code Page 3 of 4
§ 10.32
Subdivision 5. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision 6. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 7. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turf, boulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Subdivision 8. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the Chief of Police or
Director of Public Works may waive the prohibition in this Subdivision for the
purpose of abating nuisances.
Subdivision 9. Enforcement
Licensed peace officers, reserve officers, and community service afficers, employed
by the Police Department are authorized to issue administrative citations in
accordance with Section 4.60 Subdivision 3(B) of the City Code for the violation of
this Section.
Golden Valley City Code Page 4 of 4
���� �� i
City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary for Action
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
3. Urban Agriculture - Definition of Animal
Prepared By
Thomas Burt, City Manager
Summary
Recently the City received a request from a resident asking the City to consider changing the City
Code to allow for beekeeping. Council Member Schmidgall requested a broader discussion by
Council on Urban Agriculture that would address not only chickens but all urban agricultural uses
such as beekeeping, the keeping of goats, etc.
Council Member Scanlon requested the Council review the definition of animal and possibly
broaden the definition to include reptiles, rodents, amphibians, etc.
Attachments
• League of Minnesota Cites - Information Memo -Animal Regulations in Cities (40 pages)
• 10.32: Animals and Fowl-Keeping,Transporting, Treatment, and Housing (2 pages)
ti:_J �
�
�
INFORMATION MEMO
�'`��1�INESC�TA Animal Regulation in Cities
�
�ITIES
Find out how cities may regulate and control pets,farm animals, exotic animals, and newly popular
hobbies of keeping bees or chickens. Learn approaches to common problems such as dangerous dogs,
dogs running at large, barking, and feral cats. Animal health and safery laws. Animal fighting. Owner
rights and responsibilities.
I. General considerations in regulating
RELEVANT LINKS: ar111111�$
M��,,,.scat.§4�Z.2z�,Suba. Cities have broad authority to regulate animals by adapting an ordinance
z�.
under their police powers or, in some cases, by relying on state law. Police
powers relate to public health, safety, morals, and public welfare. Cities may
regulate many aspects related to animals within the city, including the
following:
• The keeping of animals.
• Animals running at large.
• The impounding, sale, or destruction of animals.
h1inn.Stat.§,��'347.50-.565. � Dangerous and potentially dangerous animals.
A. Drafting the ordinance
Handbook,cna�cer�. Regulation of animals should be done by ordinance. The city should have a
Vrltage of Euclid, ohro v. reasonable basis for adopting the animal control ordinance. This means that
a,,,b�er aearry co.,a�z u.s. the ordinance must not be arbitrary or unreasonable. Establishing a
365,47 S.Ct. 114(1926).
reasonable basis for the ordinance at the time it is adopted will help the city
defend the ordinance if it is later challenged.
�r�ss v.cu��of,Mrn„�ap�t;.s, The ordinance should be clearly drafted and, whenever possible, include
ss3 N.w.zd so�M��p.cc. objective standards for measuring if an ordinance violation. The ordinance
App. �996>.Stare°He�', should be written so that ordinary people can understand what conduct is
483 NW2d 688(Minn. 1992).
prohibited or required. An ordinance can still be samewhat flexible and
broad so long as it is clear what it allows or prohibits. Further, a clearly
written ordinance helps to avoid arbitrary or discriminatory enforcement.
Horr,�. c;�ofsauk Rap,as, When deciding how to handle animal-related issues, the city may select the
559 N.W.2d 444(Minn.Ct.
App. �99�>. solution it sees as the best fit (so long as it is reasonable) even if it is not the
same method used in other cities or what other people might see as more
appropriate.
This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice conceming specific situations.
145 UniversityAve.West www,lmc.org 11/29/2010
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 O 2�12 All Rights Reserved
RELEVANT LINKS:
Enforcement is another issue for the city to consider when adopting any
ordinance, including one on animal regulation. The city should make sure it
has the people, resources, interest, and capability to enforce any ordinance it
adopts. The city should also consider the unique aspects of animal
regulations, such as catching or seizing animals, impounding animals,
destroying animals, and other similar issues that arise when dealing with
animals.
B. Making distinctions between animals
Town ofGrantv.Johnson, The city may make distinctions between different types of animals in its
No. cz-93-aa3�M�nn.cc. animal control ordinance as long as there is a reasonable basis for the
App.June 29, �993� distinction. However, some types of distinctions are prohibited by law. For
(unpublished decision).
Minn.Stat.§347.51,subd.8. eXaTTlple, state law prohibits regulating dangerous dogs based solely on the
breed of the dog.
There may be many distinctions that have a reasonable basis. Some common
distinctions are:
• Farm animals from pet animals.
See Section B-I11-B Police • Police dogs from other dogs.
dogs and service animals. � Service animals from other animals.
• Zoo ownership of wild or exotic animals from private ownership of the
same animals.
II. Owner rights and responsibilities
A. Rights
corn v.shepPa,d,Zz9 N.w. In general, the law treats animals as personal property. Therefore pet and
869(Minn.1930).Soucek v.
l3anhnm,524 N.W.2d 478 animal owners have the same rights with regard to their animals as with
(Minn.Ct.App. 1995).Minn. Ot�leT'peI'SOri11 pT0]�eTty.
Stat.§609.52.
1. Due process rights
u.s.c��,sc.a�„e�amems v Both the federal and state constitutions provide that no person may be
and XIV.Minn.Const.art. 1,
fi�. deprived of their property without due process of law. The two basic
Mathe,a�s v. Eldritige,424
requirements of due process are: 1) notice to interested parties, and 2) an
U.S.319,96 s.cc.s93 opportunity to be heard by a person or group who has the authority to make
�1976> a decision on the matter. The opportunity to be k�eard must be at a
meaningful time and in a meaningful manner. Since animals are traated as
property, due process considerations apply in situations where the city is
dealing with animals.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 2
RELEVANT LINKS:
Mathews v.F,ldridge,424 Due process is a flexible concept and should be tailored to the particular
U.S.319,96 S.Ct.893
�19�6�. situation. Statutes sometimes provide particular notice and hearing
requirements that must be followed. If the law is silent on notice or hearing
requirements, or the requirements provided are minimal, that does not mean
that due process does not apply. Rather, that means that the city, with the
help of the city attorney, should determine how the city will satisfy these
requirements. Whenever possible, it is a good idea to spell out the process
that will be followed in the applicable city ordinance.
2. Lawfully entering onto private property
The procedures covered in this memo often involve private property. Private
properCy rights are constitutionally protected, so it is important that the city
take appropriate steps to ensure these rights are respected. Whenever this
memo mentions entering private property for investigative, enforcement, or
other reasons, the principles outlined in this section will apply.
U.S.Const.amendment tv. GerieT111y, in order to lawfully enter private property for investigative,
Canaara v. M¢enicipat C�ourt,
�a�u.s.sa3,s�s.cc. »z� enforcement, or other purposes, the city must either obtain voluntary consent
��96�>. from the owner or an administrative search warrant.
Seeking consent is the simplest way to gain access to property. Consent
must be voluntarily given by a person who has the authority to consent, such
as the owner or occupant of the property. It is important that the person
giving consent is aware of the purpose and scope of the inspection or
investigation before consenting. It is preferable to obtain the consent in
writing.
If the city does not or cannot obtain the owner's consent to enter the
property, the city may obtain an administrative search warrant. An
canzp.a v.M��,n,�,�at c�,�r, administrative search warrant is issued by a judge and allows designated
387 U.S.523,87 S.Ct. 1727
(1967).LMC Information people to enter the property for certain purposes specified in the warrant. An
Memo,adm�nESrrAuve administrative search warrant removes the need for consent. In order to
Searches and Sei=ures.
obtain an administrative search warrant, the city must show the judge there
is "probable cause," which shows its request to enter private property is
justified.
In some situations, it may be possible to lawfully enter private property
without consent or a warrant, such as when an emergency exists. The city
attorney will be able to provide specific legal advice on whether a warrant or
consent is necessary.
While some state laws and ordinances say that searches or inspections may
be conducted at any time, it is still preferable to obtain consent or a search
warrant.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 3
RELEVANT LINKS:
B. Responsibilities
Animal owners also have responsibilities for their animal. Some of the
common responsibilities are to:
Miim.Stat.§412.221,Suba. . Obtain the appropriate license, if any, from the city and satisfy all
21.
requirements related to obtaining and maintaining the license.
M'°°.Stat.°n.343. • Treat their animals humanely.
• Maintain control of their animal and comply with applicable nuisance
ordinances, such as not allowing the animal to run at large, not allowing
their animal to be excessively noisy, etc.
It is also the responsibility of the animal owner to comply with all state laws
and city ordinances that apply to their animal, In addition, animal owners arc
generally responsible for the actions of their animals, including damage
caused by the animal.
Section VI-G,Dangerous For instance, the owner of a dog is generally responsible for injury or
dogs.
damage that occurs when the dog bites another person or animal. If a dog,
M�n�,.s�ac.§34�,za. without provocation, attacks or injures any person who is acting peaceably
in any place where the person may lawfully be, the owner of the dog is liable
for damages to the person so attacked or injured for the full amount of the
injury sustained. The term "owner" includes any person harboring or
keeping a dog, but the owner must be primarily liable.
M;,,n.stat.��34�.o�-.os. There are also state laws that protect the owners of animals, including
domestic animals and livestock, from dog attacks on their animals. The
owner or keeper of a dog that kills, wounds, or worries a domestic animal
will be held liable to the owner of the animal that was damaged.
III. City responsibilities
Cities are responsible for enforcing ordinances, properly caring for animals
in their custody, and following the applicable laws and ordinances.
Oftentimes, these responsibilities are most obvious when the city has
captured, seized, or otherwise has an animal in its custody or care.
A. Minnesota Pet and Companion Animal Welfare
Act—cats and dogs
M'°°.stat.§3a�.39. The Minnesota Pet and Companion Animal Welfare Act (Animal Welfare
Section X-A,Animal cruelty Act) sets minimum care standards for dogs for veterinarians, animal
p�°`''S'°°S. boarding facilities, and commercial animal faciiities. It is not clear what
constitutes an animal boarding facility, so it is not clear whether these laws
apply to city facilities. A conservative approach is to follow the minimum
care standards outlined below in facilities where animals are boarded.
League of Minnesota Cities lnformation Memo: 11/29/2010
Animal Regulation in Cities Page 4
RELEVANT LINKS:
This act has different requirements for different animals, so the city should
M�nn.sc�t.§�3a6.3s-.aa. consult the statute to ensure the applicable requirements are followed,
particularly when the city is dealing with an animal not regularly dealt with.
Since dogs and cats are likely the most common animals the city deals with,
this section will cover the requirements for those animals.
1. Confinement
M",°.sta�.��a6.39. A confinement area must provide sufficient space to allow each cat and dog
to turn about freely and easily stand, sit, and lie in a normal position. State
law provides a formula to follow to determine the minimum amount of space
required.
M'°°.Stat.�346.3y. Confinement areas must be maintained at a temperature suitable for the
animal involved. A shaded area must be provided sufficient to protect the
animal from the direct rays of the sun at all times from May to October.
Bedding, if used, must be kept clean and dry. Outdoor enclosures must be
kept clean, and base material replaced as necessary.
M'°°.s�a�.�34h.39. If the confinement area is indoors, it must be ventilated. Drafts, odors, and
moisture condensation must be minimized. Auxiliary ventilation, such as
exhaust fans, vents, and air conditioning, must be used when the room
temperature rises to a level that may endanger the animals' health. Further,
an indoor confinement area must have at least eight hours of illumination �
sufficient to permit routine inspection and cleaning.
M�n,,.scat.§3a6.39. Where applicable, the interior surfaces of confinement and exercise areas,
including crates and containers, must be constructed and maintained so that
they are substantially impervious to moisture and may be readily cleaned.
They must protect the animal from injury and be kept in good repair. Animal
wastes and excess fluids must be disposed of properly.
2. Food and water
M'°".stat.�346.39. Cats and dogs must be provided with food of sufficient quantity and quality
Nat;�nai Rese��n c�Un�;i, to allow for normal growth or the maintenance of body weight. Food must
500 Fifth St.N.W., be provided at least once every 24 hours or more often, if necessary, to
Washington,D.C.20001; �
zoz-334-z000. maintain the health and condition of the animals. Feed standards must be
those recommended by the National Research Council.
Cats and dogs must also be provided with clean, potable water in sufficient
quantity to satisfy the cat's or dog's needs. Water must be provided at least
once every eight hours. Snow and ice are not adequate water sources.
League of Minnesota Cities Information Memo: 11/29l2010
Animal Regulation in Cities Page 5
RELEVANT LINKS:
M�n,,.scac.§3a�.39. Food and water containers must be accessible to each animal and located to
minimize contamination by animal waste. The containers must be kept
clean. Disposable containers must be discarded when soiled. Measures must
be taken to protect animals from being contaminated with water, wastes, and
harmful chemicals.
3. Exercise
M;,,�.scat.�3ab.39. All cats and dogs must be provided the opportunity for exercise for 20 to 30
minutes at least once every eight hours, either through free choice or through
a forced work program, unless exercise is restricted by a licensed
veterinarian.
4. Transportation
M",° staj.§�a6.39. When a dog or cat is transported in a crate or container, it must be
constructed of nonabrasive wire or a smooth, durable material suitable for
the animals. Crates and containers must be clean, adequately ventilated,
contain sufficient space to allow the animals to turn around, and provide
maximum safety and protection to the animals.
5. Disposal of animals under Animal Welfare Act
M'°".stat.�346.3�. If the city is in possession of an animal and turns it over to a vet, boarding
facility, or cammercial facility, and the owner does not claim the animal
from that facility within 10 days, the law provides a process for the facility
to dispose of the animal.
M�nn.stac.§34�.3�,suna. �. The law requires that facilities must warn its patrons of the disposal process
in a conspicuously posted notice or by canspicuous type in a written
document given to the owner. If the city enters into agreements with these
types of facilities, the city may consider giving a similar warning.
B. Disposition of animals
M�n�,.scac.§3s.��.�u.s.c. Cities generally have the authority to dispose of animals in their custody
,��'2]58.
according to the process laid out by law or city ordinance. If there is no state
A�' °►' ��6-�(n�0 �, law or ordinance to allow disposition of the animal, the city likely lacks the
1948).
authority to do so.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 6
RELEVANT LINKS:
1. General process
There is no one-size-fits-all process for disposal of animals. The holding
period and process for disposal varies, depending on the type of the animal
and the circumstances under which the animal was captured or seized.
However, there is a process for disposing of unclaimed animals, which
Minn.Stat.§35.71,suba. i. seems to cover many situations where there is not a more specific law. This
process, outlined below, applies to any public or private agency, person,
society, or corporation with custody of animals seized by the city or other
political subdivision.
M",".stac.fi�'.�i. Unclaimed animals must be held for redemption by the owner for at least
five regular business days of the impounding agency. The city can, by
ordinance, require the holding period to be longer. A "regular business day"
means a day during which the establishment having custody of an animal is
open to the public not less than four consecutive hours between the hours of
8 a.m. and 7 p.m.
While the law does not provide notice and hearing requirements, it would be
prudent for the city to notify owners or others with an interest in the animal,
if known, that the animal has been seized and is being held. There should
also be some process for the owner to reclaim the animal.
M;"°.s�a'.a�5.��. The establishment must maintain the following records of the animals in
custody:
• The description of the animal by species, breed, sex, approximate age,
and other distinguishing traits.
• The location at which the animal was seized.
� The date of seizure.
• The name and address of the person from whom any animal three
months of age or over was received.
• The name and address of the person to whom any animal three months
of age or over was transferred.
M'°".stat.§3s.��. These records must be preserved for at least six months and must be
maintained in a form permitting easy perusal by the public. A person may
view the records and animals in custody at any time during which the
establishment is open to the public.
coy��v.c,ry ofoeiano, sz6 Where the city transfers the animals to another agency, that agency has the
N.W2d 205,207(Minn.Ct.
aPP. �99s�. same duties imposed by law, including keeping these records.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 7
RELEVANT LINKS:
M�„n.scac.§3s.��. Certain institutions, such as schools or colleges, may apply to the Minnesota
Board of Animal Health for a license to obtain unredeemed animals fram
establishments. If an institution is licensed by the board, it may obtain
animals from cities. At the end of the five-day period (or longer if specified
by ordinance), all unredeemed animals must be made available to any
licensed institution that has requested them, pursuant to the statutory
process. However, if a statement by the animal's owner or on the animal's
tag specifies that the animal may not be used for research, the animal must
not be made available to any institution. If an animal does not go to an
institution,the animal may be humanely destroyed.
2. Disposition
srure v. ure�h,No.A09-1766 If after the specified time, all of the statutory and due process requirements
(Minn.Ct.App.Sept.28, have been met, and no institution has requested animals, the city may
2o10)(unpublished decision). C�lspOSe Of tlle lrilmal. State law prohibits the use of a decompression
M��,n.star �3a���, chamber to destroy an animal. State law also prohibits unjustifiably
m�„�,.st�t.fi 3�3.2� A.c. administering any poisonous or noxious drug or substance. The attorney
Op.(May 24, 19A7}.
general has advised that the issue of whether to use poison to dispose of
animals is an issue of fact for the city to decide.
The way cities dispose of animals varies. Some cities contract with a
veterinarian to have the animal "put down." Other cities may have the staff
and resources available to dispose of the animal without the need to contract
with another person or organization.
°°scacemenc o„Eutna„as;� There are many organizations that make recommendations or have
Methods for Animals in
si,eicers,�°Humane Society of guidelines on euthanizing animals. While these are not binding on cities
rn�un�tea srates�M��n 3�, (and, indeed, are not written for cities), they may provide helpful
2009);"AVMA C,uidelines
o„F�,tn3na5;a,��American information for cities in making decisions on how animals will be destroyed.
Veterinary Medical
Association(June 2007).
3. Diseased dogs
M�„n.stac.�3a�.i�. There are certain situations described by law that allow any person to kill a
dog immediately. Any person may kill any dog:
• That the person knows is affected with the disease hydrophobia(which
is associated with rabies).
• That may suddenly attack while the person is peacefully walking or
riding and while being out of the enclosure of its owner or keeper.
• Found killing, wounding, or worrying any horses, cattle, sheep, lambs, or
other domestic animals.
League of Minnesota Cities Information Memo: 11/29l2010
Animal Regulation in Cities Page 8
RELEVANT LINKS:
Minn.Stat.§35.69, • Running at large on the public street or roads without the required
muzzle when a board of health determines that rabies exists in the town
or city and the required rabies proclamation is filed, and the owner of the
dog has no claim against the person who kills the dog.
M�n,,.sc�c.a�4�.03. • Found chasing, injuring, or worrying his or her sheep or other livestock
or poultry on land owned or controlled by the owner or caretaker.
Further, any owner or caretaker of sheep may kill any dog found on their
property where sheep are kept, not under human restraint or control.
Cities should not regularly rely on these laws to kill or dispose of animals in
place of other laws that provide a more detailed process. These laws are
intended only for specific circumstances and should generally not be relied
on routinely.
4. Disposing of animal carcasses
Sometimes the city will be asked what an animal owner should do with the
M�n,,.scat.�3s.xz. animal carcass when the animal dies at home. State law provides that the
animal should be buried at a depth that will prevent scavenging by other
animals, burning the carcass, or by other approved methods. Some cities will
spell out what to do with a carcass by ordinance. Some cities prohibit the
burn�ng of carcasses, particularly by burning them in a wood burner or
boiler.
5. Liability
The city should be cautious when disposing of animals because owners can
Soucek v.Banharrr,sz4 recover damages from the city if the city wrongfully destroys their animal.
N.w.za 4�a�M�n�.a.ap. This may also apply when there is an emergency or urgent situation where
1994).Malenaar v. United
currte c��., ss3 N.w.aa 4aa an animal is killed without due process. Generally, the measure of damages
�M�n,,.cr.Ap. �996�. wrr��P, is the fair market value of the animal. There is some uncertainty about
v. Eagan.297 N.W.2d 146
(M�nn. i9so�. whether the owner of the animal may recover punitive damages as well. It is
important for the city to be cautious and to document the reasons that
justified their actions; this will help defend the city if the action is
challenged.
6. Slaughtering
Cities generally have the authority to regulate slaughtering within the city.
Many cities prohibit slaughtering of animals in city limits, unless the
Church ofLukumi Baba[u location is a slaughterhouse or similar establishment or is in a particularly
Aye v.City of Hraleah,508
u.s.szo. zoned area. However, cities need to be careful in drafting and enforcing
ordinances on slaughtering of animals so that the ordinance is not used to
target religious slaughtering or sacrificing of animals.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 9
RELEVANT LINKS:
IV. Animal regulation—general information
Section ll,General Cities have broad authority to regulate animals, and may adopt appropriate
considerations in regulating
an;,,,ais. regulations for the needs of the community. This section will discuss some
general issues about regulating animals, as well as issues specific to
common types of pets.
A. Licensing
Cities may license pets. If the city chooses to license pets, it should adopt an
ary ofFarrbaurr v. wuson, ordinance that sets forth the process and requirements. Cities may charge a
zs N.w.449�M�„n. �ass>. reasonable fee for the license. The cost of the license should be set at a level
to recoup the costs of issuing the licenses, enforcement, and other related
costs.
Section V-G,va���nac�ons. Some cities require proof of current vaccination in order to obtain a license.
One way to do this is to require animal owners to show a certificate from a
veterinarian indicating that the animal has been vaccinated. This method is
preferred to having applicants check a box to indicate whether the animal
has been vaccinated. Having an applicant check a box, without a certificate
to verify the vaccinations, could allow the owner to provide inaccurate
information.
Some cities also offer a lower-cost license for an animal if there is proof that
the animal has been spayed or neutered. Spaying and neutering can help to
minimize the populations of unwanted or stray animals. Presumably, the
lower cost is related to the lower cost of enforcement of an animal that will
not produce offspring or the troubles related to mating.
Some cities also provide animal licenses for free or at a reduced cost for
service animals and police dogs. There are a couple of reasons potential
reasons for the lower cost. One rationale is that these animals are not just
pets, but perform important (and sometimes necessary) work for the
individuals and, in the case of police dogs, for the community. The other
rationale is that these animals are less likely to cause animal control issues,
such as running at large.
Licensing animals serves different purposes, depending an the licensing
ordinance. For example, when animals are required to be properly
vaccinated, it leads to a healthier animal population. Another benefit is that
the city can collect a fee that can be used to offset the costs of enforcing
animal regulations. In tight budget times, this might be a way to help pay for
the services related to animal control.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 10
RELEVANT LINKS:
1. Lifetime licenses
Some cities offer lifetime licenses for an animal as an alternative to a regular
license. As the name suggests, the owner only needs to purchase one license
for the animal instead of renewing the licenses annually or at some other set
interval. Lifetime licenses may have more conditions to meet than a standard
license, such as requiring proof that the animal has had a microchip
implanted. Some cities still require that the city be updated regularly with
vaccination certificates for each animal with a lifetime license. This allows
the city to make sure licensed animals are regularly vaccinated and that the
license is still active (i.e., the animal is still alive and living in the city).
2. County licenses
M'°°.stat.§�34�.os-.Zl. If the city does not have a licensing ordinance, the county may have
ordinances about licensing and regulating dogs running at large that apply in
the city. If there is a county ordinance that applies, the city clerk should be
familiar with his or her responsibilities under the county ordinance.
B. Humane care
M�nn.srat.§�346.35� While state law regulates the humane care of animals, cities may choose to
3�6.aa. adopt similar provisions by ordinance, The ordinance should clearly spell
Section IV-A Minnesota Pet out what is or is not acceptable. Instead of drafting an ordinance from
and Companion Animal
Welfare Act. SCT'1tC11, the city may incorporate state law, such as the Animal Welfare Act,
into city ordinances.
When looking into whether an animal is being treated inhumanely, cities
should keep in mind that different animals, and different breeds of animals,
may have different needs and different thresholds. Otherwise, an owner may
challenge a citation for animal cruelty on the basis that the ordinance was
applied to him or her arbitrarily.
C. Limiting number of animals
x�r�v. c,ry�fsauk xa���dS, The city may place reasonable limits on the number of animals per
559 N.W.2d 444(Minn.Ct.
app. �99��.s�are v. Re;nke, household or residential unit. Minnesota courts have upheld ordinances that
�o�N.w.za�os(M�nn.er. limit the number of dogs per household in order to deal with noise, odor, and
App.2005).State v.Schuler,
No.c9-96-�04��M�„n.cc. other related concerns. The courts have found that ordinances that address
App.Fee.zs, i99�� these issues were reasonably related to the public's health, safety, and
(unpublished decision).
welfare. The city does not have to base the number on empirical evidence, �
but there should be some rational relation between the ordinance and the
health or safety of the community.
League of Minnesota Cities Information Memo: 11l29/2010
Animal Regulation in Cities Page 11
RELEVANT LINKS:
Cities approach limiting the number of animals per house in different ways.
For example, some cities will cap the total number of animals allowed per
household and other cities will limit the number of each type of animal that
is allowed. The numbers of allowed animals also ranges. It is up to the city
to determine the best approach for itself.
D. Animals at large
a�;r��. Prenr;�h,aos Animals that are running loose may be considered a public nuisance. One
rv.w.za 90�,9�3(M�nn.ct. solution to this issue is to enact a "leash law" that requires animals to be on
App. i9s��. leashes or otherwise under control.
E. Dogs and cats in vehicles
M'°°.stat.§346.s�. A person may not leave a dog or cat unattended in a standing or parked
motor vehicle in a manner that endangers the animal's health or safety. The
most common examples would be leaving a dog or cat in a motor vehicle in
hot or cold weather. A violation of this law is subject to a$25 fine.
A peace officer, humane agent, dog warden, or volunteer or professional
member of a fire or rescue department of the city may use reasonable force
to enter a motor vehicle and remove a dog or cat that has been left in the
vehicle. The person removing the dog or cat must use reasonable means to
contact the owner of the dog or cat to arrange for its return home. If the
person is unable to contact the owner, the person may take the dog or cat to
an animal shelter.
F. Cleaning up animal waste
Many cities also have an ordinance that requires people to pick up animal
waste. The point is to prevent animal waste from accumulating or entering
storm drains, which could lead to a variety of livability and health-related
concerns.
G. Vaccinations
Section V-A,���ens�ng. A city may require that animals be vaccinated in order to obtain a pet
�°va���„at;o„s,•�American license. The vaccines required should be tailored to the needs of the
vece����y Mea;�a� surrounding area. The city should require only "core" vaccines that are
Association(December
zoo9�. recommended for most pets. A local veterinarian can assist the city in
determining what vaccines are considered "core" in the area.
Section V-H,xab�es. Rabies vaccines are commonly required for animals in order to obtain a pet
license from the city. Vaccines are an important way to minimize the chance
of rabies becoming a problem in the city.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 12
RELEVANT LINKS:
°°r.an���a�sc�mp�r,�� Another commonly required vaccine for dogs is for canine distemper. This
American Veterinary Medical
asso�;at�on�M��n ao�o�. highly contagious and serious virus is spread through airborne exposure to
the virus from an afflicted dog or wild animal. Distemper is often fatal, and
where it is not fatal, it causes irreparable damage to the dog's health.
Vaccinations are important to prevent this virus.
H. Rabies
"R�b'es,"Ame�'°a" Rabies is a deadly disease caused by a virus that attacks the nervous system.
Veterinary Medical
Asso��ac�on�M��n zo�o�. Rabies is most commonly spread to people and animals when they are bitten
� by an infected animal. Because rabies can be fatal to animals and humans, it
is important to minimize the change of spreading this disease. One way to do
this is to�require pets to be vaccinated.
°°co�»pena�ur„ofAn;mai The National Association of State Public Health Veterinarians (NASPHV)
Rabies Arevention and
Con[roi,2008,'"National recommends that local governments initiate and maintain effective programs
Association of State Public to ensure vaccinations of all dogs, CatS, and ferrets.
Health Veterinarians(April
18,2008).Minn.K.
1705.1 145.
1. Vaccination
M",°.r�. i�o5.�ia�. Animal rabies vaccines may only be administered by or under the
rz�n;es v<�o��„at��„ supervision of a veterinarian. Minnesota law requires that the veterinarian
�ert;f°ate�F�°rm s>> responsible for the administration of the rabies vaccine sign a rabies
National Association of State
Public Health Veterinarians vaccination certificate for each pet vaccinated. The certificate must include
�ZOO�>. the information specified by law. The NASPHV has a recommended Rabies
Certificate (Form 51) for use as the rabies vaccination certificate.
2. Control measures
°�Compendium of Animal In addition to vaccinations, the NASPHV recommends the following
Rabies Prevention and
Control,2008,"National procedures ta enhance rabies control:
Association of State Public
Health Vetarinarians(April
18,2008).
• Identification of dogs, cats, and ferrets (e.g., metal or plastic tags or
microchips) to allow for verification of rabies vaccination status.
• Licensing or registering all dogs, cats, and ferrets. Evidence of current
vaccination should be a requirement to obtain a license.
• House-to-house checks by animal control officials to ensure compliance
with vaccination and licensure requirements.
• Citations issued to owners for violations, including the failure to
vaccinate or license their animals.
• Incorporate stray animal control, leash laws, and animal bite prevention,
and train appropriate city personnel on these programs.
League of Minnesota Cities Information Memo: 11/29/2Q10
Animal Regulation in Cities Page 13
RELEVANT LINKS:
• Incorporate education covering responsible pet ownership, bite
prevention, and appropriate veterinary care into city programs.
3. Complaints and investigations
M�„�,.R. i�os.>>oo.M;nn. Any person who knows or reasonably suspects any animal is infected with
Stat.§35.67.
rabies must report it to the board of animal health immediately. If the state
board of animal health, or city or county board of health, receives a written
complaint of rabies within the board's jurisdiction, the board must
investigate the truth of the complaint. A board of health may also make an
investigation and determination without receiving a complaint.
M;,,n.scat.§�3s.��-3s.�9. Local peace officers and boards of health must enforce these laws on rabies.
Minn.R. 1705J200.
M�nn.scac,� i4sA.oa. Peace officers and authorized agents of a board of health must file a
complaint concerning any known violation of the rabies laws.
4. Proclamations
M��,�.s�a�.�3s.bs.M�n,,. If rabies are found to exist, the entity doing the investigation must make a
Stat.§35.69.Minn.R.
»os i2oo. proclamation that prohibits the owner ar custodian of any dog from allowing
the dog to be at large within the city, either on the premises of the owner or
elsewhere, unless the dog is effectively muzzled so that it cannot bite any
other animal or person. The proclamation must be filed with the appropriate
personnel at all political subdivisions subject to the proclamation.
M�n�,.sc<�c.§3s.�a.M�nn.a. If a proclamation is filed with the city, the city must at its own expense
I 7DS.1200.
publish a copy of it in one issue of a legal newspaper published in the city if
one is published there. If no newspaper is published there, the clerk must
post a copy of the proclamation in three public places. Proof of publication
must be by affidavit of the publisher and proof of posting must be by the
person doing the posting. The affidavit must be filed with the proclamation.
The proclamation is effective five days after the publication or posting, and
remains effective for a specified period of time, which should not exceed six
months.
M"'°.s`at.�3'.�9. When a rabies proclamation is in effect, any person may kill a dog running
at large on the public streets or roads unless the dog is effectively muzzled
M�„�.szac.��3s,��-.69, so that it cannot bite any person or animal. The owner of the dog has no
claim against the person who kills the dog.
5. Disposition
M�„n.R. i�os.i�30. Animals determined by the veterinarian to be bitten or otherwise exposed by
M���,.R. i�os.i��;.M���. a rabid animal must be humanely euthanized or quarantined for six months
a. ��os.�t so.M;�,p.R. unless certain eonditions are met. The quarantine starts with the day of
1705J 131.
exposure. Quarantined pets must be vaccinated at the beginning of the
quarantine.
League of Minnesota Cities Information Mema 11/29/2010
Animal Regulation in Cities Page 14
RELEVANT LINKS:
Minn.R. 1705.1131.Minn. �7�I11C�a111111a1S, domesticated wild animals, or hybrids for which there is no
R. 1705,1151.
licensed rabies vaccine must be euthanized or quarantined for life if exposed
to a rabid animal. If such an animal bites a human, it must be euthanized and
tested for rabies, unless the animal is exempt fram testing by law.
M�nn.K. i�os.i is�. If a pet animal bites a human, the pet must be confined and observed for
signs suggestive of rabies for 10 days or euthanized and tested for rabies, If
at any time during the 10-day observation the animal dies, it must be tested
for rabies. If the animal shows signs suggestive of rabies, it must be
euthanized and tested for rabies.
M�n�,.R. i�os.i t s�. Stray or unwanted pet animals may be euthanized after a five-day holding
period and, if euthanized, must be tested for rabies. If, after consultation
with a board or public health official, a veterinarian requests a rabies test in
writing, a stray or unwanted animal must be euthanized and tested during the
five-day period.
M'°".K. i�°s.i�'i. If a farm animal bites a human, it must be evaluated on an individual basis
by a veterinarian. If it is acting normal, it may be confined for 14 days. If it
exhibits unusual behavior, it must be euthanized and tested for rabies.
V. Regulation of dogs
s��c�on x,Animal health and Dogs are regulated both at the state and local level. In addition to the general
Safecy iaWS. laws and considerations discussed earlier in this memo, there are some
special provisions for dogs.
A. Barking dogs
A barking dog ordinance must give guidance to the pet owners, neighbors,
and enforcement officers as to what would be cansidered allowable or
ar�•�fEarna V. Qr�i�e,,4s4 prohibited barking, whining, or other noisy conduct. One way to accomplish
N.w.za 6z� �M�n�.cc.ApP. this is to include objective criteria, such as designating barking, howling,
�990>. etc. for more than a pre-determined number of minutes to be a violation. It is
best to avoid vague language like prohibiting animals that disturb the peace
and quiet of any persons in the vicinity because it can lead to inconsistent or
arbitrary enforcement.
B. Dogs at outdoor restaurants
M�nn.sczr.� �s�.i�s,subas. A city may adopt an ordinance permitting restaurants to allow dogs to
i.z.
accompany persons using the designated outdoor areas of a food and
beverage service establishments, such as restaurants, cafes, etc. The
ordinance must prohibit dangerous and potentially dangerous dogs from
accompanying persons to these establishments.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 15
RELEVANT LINKS:
M�„n.scac.§ is�.i�s.SUha. The ordinance cannot prohibit an establishment from banning dogs. If a
�.
person is accompanied by a dog at an establishment, and knows that the
establishment has posted a sign banning dogs or is otherwise informed that
dogs are not permitted, the person may be ordered to leave.
Minn.Stat.§ 157.I75,sUha. The ordinance must require participating establishments to apply for and
4(a).
receive a permit from the city before allowing dogs on the premises. The
city must require the applicant to provide information that the city deems
reasonably necessary. This information must include, at a minimum, the
following:
• The name, location, and mailing address of the establishment.
• The name, mailing address, and telephone contact information of the
permit applicant.
• A description of the designated outdoor areas in which the permit
applicant intends to allow dogs.
• A description of the days of the week and hours of operation that
patrons' dogs will be permitted in the designated outdoor areas.
M�„n.sta�.� i s7.i 7s,sUba. The ordinance must also include a definition of"designated outdoor area"
�.
that is consistent with applicable rules adopted by the commissioner of
Health.
M�„n.scac.� i s�.��s,Suba. The permit cannot be transferred to a new owner, and it expires
4(b).
automatically upon the sale of the establishment. The new owner is required
to reapply for a permit if he or she wishes to continue to allow dogs on the
premises.
M;,,t,.stac.§ �s�.i�s,suha. The city may incorporate these permit requirements into a permit or license
4(c>.
issued under an existing ordinance if the city ensures that current and future
permit and license holders comply with the requirements of the law. A city
may exempt current permit and license holders from reapplying for a permit,
if the current permit or license holder provides all information that the city
requests.
M���,,.scac.� �s�.i7s,suna. The ordinance must include regulations and limitations that the city deems
s.
reasonably necessary to protect the health, safety, and general welfare of the
public. At a minimum, the ordinance must include the following
requirements:
• Employees must be prohibited from touching, petting, or otherwise
handling dogs.
• Employees and patrons must not allow dogs to come into contact with
items involved in food service operations such as dishes, utensils,
tableware, linens,paper products, or other items.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 16
RELEVANT LINKS:
• Patrons must keep their dogs on a leash at all times and must keep their
dogs under reasonable control.
• Dogs must not be allowed on chairs, tables, or other furnishings.
� • Dog waste must be cleaned immediately and the area sanitized.
M�„n.scat.§ �s�.i�s,suna. The requirements listed above must be clearly printed on a sign or signs
s.
posted on premises in a manner and place that are conspicuous to employees
and patrons.
M�n,,.s�ac.� is�.»s,sUna. Any ordinances related to animals in restaurants must not limit a disabled
�.
person access to places of public accommodation while accompanied by a
M�n�,.scz�.§Zs�c.oz.M�nn, service animal as provided by law. Further, the lawful use of a service
Stat.§363A.19.
animal by a licensed police officer must not be limited.
C. Dogs at large
se�c�on v-�,A„��„ais ac- Cities may prohibit dogs running at large or otherwise uncontrolled. If the
Iarge.
M�nn.sr�t.�4ia.a�i.M��,n. city does not prohibit dogs running at large, state law provides that the
s�a�.§3`'�.5'.M;"".s�at.� owner or custodian of a dog that is permitted to be uncontrolled off of the
34(.50,
owner or custodian's premises must have the dog identified in one of the
ways specified by law such as an ID tag, tattoa, microchip, etc. A violation
of this state law is a petty misdemeanor.
When an animal shelter receives a dog, an employee must check for
identification on the animal, identify the owner by the identification
whenever possible, and promptly notify the owner of the location of the
animal by the most expedient means. While not required by law, the city
should also check for these identifications if it receives a dog.
D. Dogs as a nuisance
M�n�,.scat.§�3a�.o4-.0�. Any dog that habitually worries, chases, or bothers people traveling
LMC Information Memo, peaceably on the public road is a public nuisance. In addition to the remedies
Pubu�,vu,sa„�es. in city ordinances on dogs running at large, a person may make a written
complaint to a district court judge regarding the dog. After the court
procedures described by law, the judge will decide if it is a public nuisance.
If the dog is found to be a nuisance, the judge will order the appropriate
public official to kill and dispose of the dog. Costs must be paid by the
complainant, but if the dog is adjudged a nuisance, and the owner is known,
judgment will be entered against the owner.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 17
RELEVANT LINKS:
E. Dog parks
Dog parks are designated places where dog owners can take their dogs to
exercise and socialize with other dogs. These parks vary widely, depending
on the needs and wants of the community. Dag parks are often, but not
always, enclosed and allow dogs to be off of their leashes while in the park.
Some cities charge a fee for a permit or license to use the park; the money
collected is then spent on maintaining the park.
If the city chooses to operate a dog park, the city can design the park to suit
the available space and the needs of the community. Dog parks can have a
wide variety of amenities, but here are a few things to consider:
• Will barriers, either manmade or natural, be used to keep dogs inside of
the park area?
• What rules should there be for using the park?
• Will trash containers and/or bags be provided to encourage owners to
pick up animal waste?
• Where will the dog park patrons park?
• Will there be water for the dogs to drink? What about to play in (e.g.,
lake, stream, etc.)?
• Will the larger and smaller dogs be separated?
• What maintenance will have to be done? How often? Who will do it?
• Will there be areas for people to sit (e.g., benches, shelters, etc) while at
the park?
F. Kennels
M'°".srat.��4�.3i.ken"ei A kennel must receive a license from the Board of Animal Health. State law
information,Boazd of Animal
Heaicn. defines a kennel as any place where dogs or cats are kept or confined, if the
M��,,, rt. »�0.�3�0-.�6�0. dogs or cats were obtained from municipalities, pounds, auctions, or by
advertising for unwanted dogs or cats, or dogs or cats strayed, abandoned, or
stolen. A kennel, as defined by state law, does not include a pound owned
and operated by a city, a person's home where dogs and cats are kept as
pets, or a licensed veterinarian who keeps, congregates, or confines dogs or
cats in the normal pursuit of the practice of veterinary medicine.
In addition to state laws, the city may also regulate kennels by ordinance.
Sometimes, cities will expand the definition of kennel to include places
where more than a certain number of dogs are kept, regardless of where the
dogs came from. This type of ordinance would include homes with many
dogs, boarding facilities, etc.
��aesge"S v A""�a�Res°ue Unless the city can show that the kennel or pound would be a nuisance
League of Hennepin Counry,
M+��.,zib rv.w. s3s(n��nn everywhere within the city, the city should not adopt an ordinance
i92�>. prohibiting all kennels or pounds.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 18
RELEVANT LINKS:
a.U.op.a»��co�c. �s The city should set the license fee in an amount that covers its costs. The
1945).
attorney general has advised that in order to avoid a kennel fee from being
considered a revenue-raising fee, the ordinance should be based on the costs
incurred to provide for policing, regulating, and inspecting.
G. Dangerous dogs
Minn.Stat.§347.51,suba.s. Cities have a legitimate interest in regulating and controlling dangerous dogs
Minn.Stat§347.�3.
Brunotte v.Ciry of St.Paul because the issue relates to the safety of city residents. The process for
off,�e safery�i,�.�pe�r�o„s, dealing with dangerous dogs is largely spelled out in state law. Cities do not
No.A08-0173(Minn.Ct.
apP. Fen. io,zoo4a need to have an ardinance in place in order to follow the process in state
tUnpubi�snea ae��s�on�. law. However, there is some room for cities ta add more strict regulation
Hunnan v. Cig•qf
n��„�n�uE����.��,6z3 N.w.za through city ordinance, such as applying the same pravisions to animals
Zs i (M;nn.a.App.aoo i>. other than j ust dogs.
.amerrcan Do�Oivners Ass n,
lnc.v.City of Minneapolis,
453 N.W.2d 69(Minn.Ct.
App. 1990).
M'°".stat.�3a�.'3. State laws do not regulate potentially dangerous dogs to the same degree as
dangerous dogs. The city may adopt an ordinance that covers requirements
and procedures related to potentially dangerous dogs in addition to
dangerous dogs. Oftentimes, these requirements are similar to those required
for dangerous dogs.
M�n,,.s��t. 0 3a�.>i,suba.a. The city cannot adopt an ordinance regulating potentially dangerous or
dangerous dogs based solely on the specific breed of the dog. If the city does
have such an ordinance, it is considered void.
1. Definitions
M�nn scac.§34�.so,suna.Z. A dangerous dog is defined as any dog that:
• Without provocation, inflicted substantial bodily harm on a human being
M�n,,.sta�.§3a�.so,5uba.�. on public or private property. (Substantial bodily harm means bodily
M�„n.stat.�6og.oa,s���a. injury that involves a temporary but substantial disfigurement, or that
7a.
causes a temporary but substantial loss or impairment of the function of
any bodily member or organ, or that causes a fracture of any bodily
member.)
• Has killed a domestic animal without provocation while off the owner's
property.
• Has been found to be potentially dangerous and, after the owner has
notice that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
M��,n.scar.§34�.so,sUba.3. A potentially dangerous dog is defined as any dog that:
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 19
RELEVANT LINKS:
• When unprovoked, inflicts bites on a human or domestic animal on
public or private property.
• When unprovoked, chases or approaches a person, including a person on
a bicycle, upon the streets, sidewalks, or any public or private property,
other than the dog owner's property, in an apparent attitude of attack.
• Has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
M+�,,.s<<�c.§34�.so,Suba.s. provocation means an act that an adult could reasonably expect may cause a
dog to attack or bite.
2. Exceptions
M"'°.stat.�34�.5�•S°ha.5. A dog may not be declared dangerous if the threat, injury, or damage was
sustained by a person who:
• VVas committing at the time a willful trespass or other tort upon the
premises occupied by the owner of the dog;
• Was provoking, tormenting, abusing, or assaulting the dog or who can be
shown to have repeatedly in the past provoked, tormented, abused, or
assaulted the dog.
• Was committing or attempting to commit a crime.
M��,n.sc��.�3a�.s�,sUb�.4. The potentially dangerous and dangerous dog laws do not apply to dogs used
by law enforcement officials for police work.
3. Enforcing dangerous dog laws
M�n,,.s���.�34�.s�s. The dangerous dog laws must be enforced by the animal control authority or
Minn.Stat. ,��'347.50,suba.�. law enforcement agency whether or not there is a local ordinance on the
subject. An "animal control authority" is defined as an agency of the state,
county, municipality, or other governmental subdivision of the state, which
is responsible for animal control operations in its jurisdiction.
The law is not clear on the city's role in enforcing the dangerous and
potentially dangerous dog provisions when it does not have an animal
control operation or law enforcement agency. However, it seems that if the
city already regulates animals it would likely also have some level of
responsibility for enforcing the dangerous and potentially dangerous laws.
M��,n.stdt.§34�.s�.5ubd.9. An animal control authority may contract with another political subdivision
or other persan to provide the services required by the dangerous dog laws.
Regardless of any contract entered into, all fees collected under these laws
must be paid to the animal control authority. Further, all certificates of
registration must be issued in the name of the animal control authority.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 20
RELEVANT LINKS:
4. Liability for not enforcing laws
H��nsE:n v.c;r��ofsr.P�„�r, The city should take care to follow up on complaints and enforce the
214 N.W.2d 346{Minn.
i9�a>. dangerous dog laws. In one opinion, the Minnesota Supreme Court held that
the city was liable for permitting vicious dogs to roam on city sidewalks
after it received many complaints concerning the same dogs being involved
in attacks on city sidewalks. The court held that the city breached its duty to
maintain safe streets and sidewalks by not impounding these dogs. Further,
the court there was not a failure to exercise a discretionary function so the
city was not immune from liability. It is important to note that the city must
have actual or constructive notice of the condition.
5. Hearing to contest designation
M�n�,.scat �34�sa�,sUbas. The owner of any dog that is declared to be dangerous has the right to a
i,z.
hearing by an impartial hearing officer to contest the designation. If the dog
Brunotte v.Ciry ofSt.Paul has been seized, the person claiming an interest in the dog may prevent
Office Safery&/nspections,
No.aos-o»3�M�nn.ct. disposition of the dog by posting security in an amount sufficient to provide
App. Feb. 10,Zoo9� for the dog's actual cost of care and keeping. This must be posted within
(unpublished decision).
seven days of the seizure, counting the day of the seizure.
M;n,,.stac.�34�.si,suba.3. The authority declaring the dog to be dangerous must give notice of the right
to a hearing by delivering or mailing it to the owner of the dog, or by posting
a copy of it at the place where the dog is kept, or by delivering it to a person
residing on the property, and telephoning, if possible. The notice must
include all of the following:
• A description of the seized dog; the authority for and purpose of the
dangerous dog declaration and seizure; the time, place, and
circumstances under which the dog was declared dangerous; and the
telephone number and contact person where the dog is kept.
• A statement that the owner of the dog may request a hearing concerning
the dangerous dog declaration and, if applicable, prior potentially
dangerous dog declarations for the dog, and that failure to request a
hearing within 14 days of the date of the notice will terminate the
owner's right to a hearing under this section.
• A statement that if an appeal request is made within 14 days of the
notice, the owner must immediately comply with the requirements of
section enclosures and use of muzzle and restraint and notification if the
dog is moved or dies until such time as the hearing officer issues an
opinion.
• A statement that if the hearing officer affirms the dangerous dog
declaration, the owner will have 14 days from receipt of that decision to
comply with all other registration requirements, microchipping, and
other requirements.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 21
RELEVANT LINKS:
Minn,Stat.§347.51.Minn. � A form to request a hearing under this subdivision.
Stat.§347.515.Minn.Stat. • A statement that all actual costs of the care, keeping, and disposition of
�34�.s2, the dog are the responsibility of the person claiming an interest in the
dog, except to the extent that a court or hearing officer finds that the
seizure or impoundment was not substantially justified by law.
M��n.sc�t.§34zsa�. If requested, the hearing must be held within 14 days of the request. The
hearing officer must be an impartial employee of the local government or an
impartial person retained by the local government to conduct the hearing. In
the event that the dangerous dog declaration is upheld by the hearing officer,
the dog's owner will be respansible for the actual expenses af the hearing up
to a maximum of$1,000. The hearing officer must issue a decision on the
matter within 10 days after the hearing. The decision must be delivered to
the dog's owner by hand delivery or registered mail as soon as practical, and
a copy must be provided to the animal control authority.
aru„orre v. c�ry ofsr.Pau� The decision to declare a dog to be dangerous must not be arbitrary and
O�ce Safety&Inspections,
No.aos-o»3�m�nn.a. capricious. The decision is arbitrary and capricious only if 1) it relies on
App. Feb. 10,zoo9> factors not intended by the ordinance; 2) it entirely fails to consider an
(unpublished decision);
M;,,,�gas�o v..�;�,,.r��,b. important aspect of the issue; 3) it offers an explanation that conflicts with
c.�rrrs.co,n,Y��n, sz9�v.w.za the evidence; or 4) it is so implausible that it could not be explained as a
413,418(Minn.App.1995),
rev���n��,herRr�u„�.s, s49 difference in view or the result of the city's expertise.
N.W 2d 904(Minn.1996).
6. Registration of dangerous dogs
M�n�,.scac.§34zsi,subas, A person cannot own a dangerous dog unless the dog is registered in
i,a.
accordance with the law, which is done by the owner of the dog obtaining a
M;n�,.scac.�3a�.>o,suna.s. certificate of registration from the animal control authority. (An owner is
any person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having care, custody, or control
of a dog).
M�nr,.sr�t.fi 3a�.si,suea.z. The animal control authority must issue a certificate of registration to the
owner if the owner presents sufficient evidence that all of the following
conditions are met:
League of Minnesota Cities Information Mema 11/29/2010
Animal Regulation in Cities Page 22
RELEVANT LINKS:
• A proper enclosure exists for the dangerous dog and a posting on the
M�nn.stat.�34�.so,s��ba.a. premises with a clearly visible warning sign that there is a dangerous dog
on the property, including a warning symbol to inform children. (A
proper enclosure means securely confined indoors or in a securely
enelosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A
proper enclosure does not include a porch, patio, or any part of a house,
garage, or other structure that would allow the dog to exit of its own
volition, or any house or structure in which windows are open or in
which door or window screens are the only obstacles that prevent the
dog from exiting.)
• A surety bond has been issued by a surety company authorized to
conduct business in Minnesota in a form acceptable to the animal control
authority in the sum of at least $300,000, 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 Minnesota in
the amaunt of at least $300,000, insuring the owner for any personal
injuries inflicted by the dangerous dog.
• The owner has paid an annual fee of not more than $504, in addition to
any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.
Minn.Stat.§347.515. • The owner has had microchip identification implanted in the dangerous
dog.
7. Uniform warning symbol
The commissioner of public safety has designed a uniform warning symbol
that is intended to inform people that there is a dangerous dog on the
property. The symbol looks like this:
Minn.R.7Q17.0400.
League of Min�esota Gities Information Memo: 11/29/2010
Animal Regulation in Cities Page 23
RELEVANT LINKS:
M�nn.scar.§34�.si,suba. If the animal control authority issues a certificate of registration, it must also
�ep�,»ent ofPUbi;�Safery provide a copy of the uniform warning symbol This symbol must be posted
'`n�i;°at'°"f°r aa"�e�°�'s on the owner's property. The commissioner must provide the requested
dog warnin�symbols.
number af copies of the warning symbol to the animal control authority and
must also charge the animal control authority the actual cost of the warning
symbols. In turn, the animal control authority may charge the owner of the
dangerous dog a reasonable fee to cover its administrative costs and the
costs of the warning symbol.
M�n�.scac.�3a�.si,s��na.�. In addition, a registered dangerous dog must have a standardized, easily
Minn.R.8417.020Q.Minn.
R.sa i�.0300. identifiable tag that identifies the dog as dangerous. State rules provide the
Department of Public safety specific standards that must be followed. One requirement is that the tag
Application for dangerous
a��WAr,,;,,�c��s. must include the uniform dangerous dog symbol.
M�n,,.s��t.�34�.si,sUba.�. This tag must be attached to the dog's collar at all times. The tag must have
Minn.R.7417.0200.
the dangerous dog's registration number inscribed on the back of the tag.
The tag must also have the following inscribed or attached to the back:
n��n».R.�4».ozoo. "Minnesota Statutes, section 347.51, requires that this authorized warning
symbol be posted on a dangerous dog tag and affixed to the dog's collar at
all times. Minnesota Department of Public Safety"
M�n�,.srar.§3a�.sa�e�. An owner of a dangerous dog must renew the registration of the dog
Section VI-G-1 l,Transfer or
aeatn ofaangerou$aog. annually until the dog is moved or deceased. If the dog moves to a new
jurisdiction, the dog must be registered as a dangerous dog in its new
jurisdiction.
8. Microchip identification
M��,n.scac.§3a�.s�s. The owner of a potentially dangerous or dangerous dog must have a
microchip implanted in the dog for identification. The name of the
microchip manufacturer and identification number of the microchip must be
provided to the animal control authority. If the owner does not have the
microchip implanted in the dog, the animal control authority may have the
microchip implanted. In either case, all costs related to the purchase and
implantation of the microchip are the owner's responsibility.
9. Additional dangerous dog requirements
In addition to the registration requirements, there are other requirements that
must be met in order to own a dangerous dog.
M�n,,.s�ac.§3a�.sz�a�. If a dangerous dog is outside of a proper enclosure, the dog must be muzzled
and restrained by a substantial chain or leash and under the physical restraint
of a responsible person. The muzzle must be made in a way that will prevent
the dog from biting any person or animal, but will not cause injury to the
dog or interfere with its vision or breathing.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 24
RELEVANT LINKS:
M�nn.s�at.§sa�.5a�a�. A dangerous dog must be sterilized at the owner's expense. If the owner
does not have the dog sterilized within 30 days, the animal control authority
must seize the dog and have it sterilized at the owner's expense.
M��,,,.stat.�3a�.sz�e�. If a person who owns a dangerous dog rents property from another person
where the dog will reside, the dog owner must disclose to the property
owner that he or she owns a dangerous dog that will live at the property.
This disclosure must be made prior to entering a lease agreement and at the
time of any lease renewal.
10. Fees
M'°,,.st".a 34�.5',SUb�.3. An animal control authority may charge the awner an annual fee of not more
than $500 to obtain a certificate of registration for a dangerous dog. This fee
may be in addition to any regular dog licensing fee.
11. Review of dangerous dog designation
M�,,,,.sta�.§3a�s�,sUba. geginning six months after a dog is declared dangerous, an owner may make
3a.
a yearly request that the animal control authority 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. If the animal
control authority finds sufficient evidence that the dog's behavior has
changed, it may rescind the dangerous dog designation.
12. Transfer or death of dangerous dog
M�nn.stat.�34�.sz��>,�r�. If the dangerous dog is moved to a new home, the owner must notify the
animal control authority in writing of the transfer of the dog to a new
location within 30 days of the move. If the animal control authority requests
it, the owner must execute an affidavit under oath that sets forth the
complete name, address, and telephone number of the person to wham the
dog has been transferred or the address of the dog's new home.
M��,n.sta�.�3a�s2tr�. A person who transfers ownership of a dangerous dog must notify the new
owner that the animal control authority has identified the dog as dangerous.
M'°°.s�a�.�3a�.s2�°>. When a dangerous dog dies, the owner must notify the animal control
authority in writing within 30 days. If the animal control authority requests
it, the owner must execute an affidavit under oath setting forth the
circumstances of the dog's death and the disposition of the animal.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 25
RELEVANT LINKS:
13. Restrictions on ownership
M�nn.scat.§s4�.saa,suba. In the circumstances outlined by law, a person is prohibited from owning
�.
any dog if the person has been convicted of certain crimes. In addition, if
any member of a household is prohibited from owning a dog, no person in
the household is permitted to own a dog. The animal control authority may
make an exception to this rule by approval with or without restrictions.
M'n°.sta`.§3a�.542,SUba. The ban on ownership may be reviewed starting three years after the
3.
conviction that prohibits a person from owning a dog, and annually
thereafter, at the request of the person. The law outlines the process for
review, including factors that may be considered. The animal control
authority may rescind the prohibition on ownership completely, rescind it
with limitations, or leave the prohibition in place. The animal control
authority may also establish conditions a person must meet before the
prohibition is rescinded. If the animal control authority rescinds a person's
prohibition and that person later fails to eomply with any limitations
imposed by the authority, or if the person is convicted of any animal
violation involving unprovoked bites or dog attacks, the animal control
authority may permanently prohibit the person from owning a dog in this
state.
14. Confiscating dangerous dogs
M+fln.scac,fi�a�.�4,suba. The animal control authority that has jurisdiction over a dangerous dog must
�(a>.
immediately seize the dog if:
Minn.Stat.§347.51. • The dog is not validly registered under the law 14 days after the owner
has notice that the dog is dangerous.
M�r,n.scac.�3a�.s�,s«ba.2. • The owner does not secure the proper liability insurance or surety
coverage as required under the law 14 days after the owner has notice
that the dog is dangerous.
• The dog is not maintained in the proper enclosure.
Minn.Stat.§347.>2. • The dog is outside the proper enclosure and not under physical restraint
of a responsible person as required under the law.
M��,n.sta�.§�a�.sz�d>. • The dog is not sterilized within 30 days.
M�nn srat.�3a�.sa,suna. If an owner of a dog is convicted of a crime for which the dag was originally
1(b),
seized, the court may order that the dog be confiscated and destroyed in a
proper and humane manner, and that the owner pay the costs incurred in
confiscating, confining, and destroying the dog.
M�n,,.scac.�34�.sa.s��na.a. A dangerous dog that is confiscated may be reclaimed by the dog's owner
M�n,,.s�a�.§3a�s�.M��,,,. after the owner pays the impounding and board fees and presents proof to
stat.�34�.52. the animal control authority that the legal requirements for owning a
dangerous dog will be met.
League of Minnesota Cities Information Memo: 11/29l2010
Animal Regulation in Cities Page 26
RELEVANT LINKS:
Minn.Stat.§347.�4,SUba.a. If a dog is not reclaimed within seven days, it may be disposed of in the
Minn.Stat.§35.71,subd.3.
5ection V-B Disposition of same manner as unclaimed or unredeemed animals. The owner is liable to
a";r"ais. the animal control authority for costs incurred in confining and disposing of
the dog.
M�n�, scac�3��.s4,sUna.? If a person has been convicted for violating a certain provisions of the
Minn.Stat.,��'347.51.Minn.
sca�.§34�.s�s.M��n.s�ac. dangerous dog laws, and the person is charged with a subsequent violatian
�34'.s2. relating to the same dog, the dog must be seized by the animal control
authority having jurisdiction. If the owner is convicted of the crime for
which the dog was seized, the court must order that the dog be destroyed in a
se�t�on iv-B,Disposition of proper and humane manner, and that the owner pay the cost of confining and
a";"'a�$. destroying the animal. If the owner is not convicted and the dog is not
reclaimed by the owner within seven days after the owner has been notified
that the dog may be reclaimed, the dog may be disposed of in the same
manner as an unclaimed or unredeemed animal.
15. Destruction of dangerous dogs
M�n�,.scdt.§3a�s6,Suba.2. The animal control authority may not destroy the dog until the dog owner
has had the opportunity for a hearing before an impartial decision maker.
M�nn.stac.�34�rs�,suba. i. Notwithstanding other sections of the dangerous dog laws, a dog may be
destroyed in a proper and humane manner by the animal control authority if
the dog:
• Inflicted substantial or great bodily harm on a human on public or
M�nn.star. §3a�.>o,suba�. private property without provocation. (Substantial bodily harm means
m�nn.scat.o c;oy.oz,suna. bodily injury which involves a temporary but substantial disfigurement,
7a.
or which causes a temporary but substantial loss or impaitment of the
function of any bodily member or organ, or which causes a fracture of
Minn.Stat.§347,SQ,s��ha. any bodily member. Great bodily harm means bodily injury that creates a
�a high probability of death, or that causes serious permanent
Minn.Stat§609.02,subd.8.
disfigurement, or that causes a permanent or protracted loss or
impairment of the function of any bodily member or organ or other
serious bodily harm.)
• Inflicted multiple bites on a human on public or private property without
provocation.
• Bit multiple human victims on public or private property in the same
attack without provocation.
• Bit a human on public or private property without provocation in an
attack where more than one dog participated in the attack.
Minn.StaC§347.50,suba.s. Provocation means an act that an adult could reasonably expect may cause a
dog to attack or bite.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 27
RELEVANT LiNKS:
16. Penalties
M'n".stat.y 34�.s'. A violation of the dangerous dog laws may be a misdemeanor or gross
misdemeanor, depending on the situation.
VI. Regulation of cats
Section V,Animal
In addition to the general requirements already discussed earlier in this
Regulation—general memo, cities may impose additional requirements on care of cats by
�"f°r"'at'°". ordinance.
"Fzrai ca�s:Fr�q°z"ti� Often the most problematic cats in the city are ferai cats. Feral cats are those
Asked Questions,"Humane
soo�ecy of�ne un��ea scaceS cats that were born from lost or abandoned pet cats or other feral cats. These
(Apri127,ao�o>. cats were never pets and do not have owners. (In comparison, stray cats are
those pet cats that have wandered off or gotten loose.) Feral cats are not
tame like pet cats and can be difficult to handle.
Feral cats can threaten the health, safety, and general welfare of the city.
Some of the more common concerns include:
• Noise from fighting or mating cats.
� Foul odors from cats marking their territory.
� Flea infestations.
• Multiplying numbers of feral cats.
• Visible suffering and death of kittens and cats.
Cities may take action to deal with feral cats.
A. Feral cat trapping programs
"Ferai cars F�eque°tiy If cities choose to take action on the feral cat issue, it is often done by
Asked Questions,"Humane
Society of the United States adopting a program. A "Trap-Neuter-Return" program is recammended by
�Ap�+i z�,zo�o>. the Humane Society of the United States (HSUS). At a minimum, this
program includes trapping, neutering, or spaying cats; giving rabies
vaccinations; and surgically ear-tipping the cat. (Ear-tipping is the
universally recognized sign of a cat that has gone through this sort of
program.)
The positive results from this sort of program include:
• A reduction in the amount of mating-related fighting and other related
noises.
• Neutered or spayed feral cats roam much less and are less visible, and
are therefore less prone to injury from cars.
League of Minnesota Cities Information Mema 11/29/2010
Animal Regulation in Cities PaQe Z$
RELEVANT LINKS:
• A reduction in foul odors (neutered male cats are no longer able to
produce the stinky spray used to mark territory).
• Reduced reproduction activity leads to fewer feral cats being born,
resulting in a lower population over time.
Some cities will have city employees trap cats. Other cities will enlist the
assistance of the residents in trapping the cats. Cities may provide the traps
for residents to pick up. Other cities will accept feral cats that were trapped
by residents and brought to designated spots, such as the animal control
authority.
B. Feeding bans
°°Feral Cats:Frequently Sometimes cities will impose "feeding bans"that prohibit residents from
Asked Questions,"Humane
Society of the United States feeding feral cats with the idea that if the cats are not fed, they will go away.
cApT;�z�,zoio�. While this seems like it would work, this is not often the case. One reason
relates to enforcement. Feeding of feral cats is not easily observed behavior
so it is not easy to enfarce a ban. Further, some people do not like to see
animals suffering and will feed the cats despite the ban. Even if people are
not intentionally feeding them, feral cats can still find food from other
sources like dumpsters and garbage cans.
"Ferai ca�:F�eq°e"�iy Feral cats can often survive for weeks without foad and, since they are
Asked Questions,"Humane
Society of the United States territorial animals, they will not quickly or easily leave their territory to look
(Apr��a�,ao�o>. for food. Instead, they tend to move closer to human activities to seek food.
Malnutrition makes them more likely to succumb to parasites, like fleas, that
can spread into houses, garages, businesses, etc. Finally, malnourished cats
are likely to continue to reproduce, resulting in malnourished kittens,
causing this cycle to continue.
C. Disposition
Section N-B Disposition of Some cities will choose to dispose of feral cats that have been captured by
animals.
the city or turned in to the city instead of spaying and returning them. If the
city chooses this method, it should dispose of the cat in a humane manner.
VII. Regulation of other animals
�While dogs and cats are perhaps the most commonly regulated animals in �
cities, there are many other types of animals that the city may want to
consider regulating. This section talks about some other groups of animals
the city may regulate.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 29
RELEVANT LINKS:
A. Other pet animals
Other common pet animals that the city may consider regulating include
birds, fish, rodents, reptiles, and amphibians. Generally, cities do not
regulate these types of pets. However, cities may consider regulating some
animals based on the health, safety, and welfare of the community. If this is
desirable, it is very important to work with the city attorney.
Turtles-21 CFR§ 1240.62; State and federal law prohibit ownership of certain animals as pets based on
"CPG Sec. 170.100'furtles-
E3an�n�ncerstace a„a health and safety concerns related to those particular animals. Small turtles,
intrascac�sa�es a„a skunks, and exotic animals are a few examples of animals that generally
Distribution,°FDA(Sept. 16,
2009>,M�n,,.s��c.� «s.��s. cannot be owned as pets.
Minn.Stat.§346.t 55.
Section VII-E,Exotic or
regulated animals.
B. Police dogs and service animals
Police dogs and service animals bear special consideration when the city is
drafting ordinances. State law regularly exempts these two special categories
of animals from regulations based on the work they do. Cities should also
exclude these animals from ordinance regulations where appropriate.
1. Police dogs
M�nn.s�a�.�3a�.5i,SUha.K. State laws often explicitly exempt police dogs from the requirements. For
example, state statutes regulating dangerous dogs do not apply to dogs used
by law enforcement for police work. It makes sense for cities to also
consider when it might be appropriate to exempt police dogs from city
ordinances, such as ordinances regulating dangerous animals. Exempting
police dogs from certain requirements reflect the unique nature and uses of
police dogs.
2. Service animals
M�nn.sta�.§3a3.ao,Suba.z A service animal is an animal that has been trained to assist a person with a
disability. A city cannot prohibit a person who is blind or deaf or has a
Minn.Stat.§363A.19 and different physical or sensory disability from taking a service animal into a
09.Minn.Stat.§256C.02.
°�a�A GU�ae for smau public place or conveyance. The animal must be properly harnessed or
T�Wns,°Department of leashed so that the person can maintain control of the animal. A blind,
�USt��e.
physically disabled, or deaf person cannot be required to pay an additional
charge when taking a service animal into a public place.
M'�".stat fi 3a3.z�. Under state law, a person must not intentionally and without justification do
either of the following to a service animal while it is providing service or
while it is in the custody of the person it serves:
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 30
RELEVANT LINKS:
• Cause badily harm to the service animal.
• Otherwise render the animal unable to perform its duties.
M'n°.stat.�343.Zi,Subd.y. The penalties for violating this law vary, depending on the nature and
severity of the situation. A violation may result in imprisonment or a fine.
The court must also order the person violating the law to pay restitution for
the cost and expenses resulting from the incident.
M�n,,.scac.§3a3.2�,sUba. Upon conviction, the court must require that if the pet or companion animal
�o.
was not seized by a peace officer or agent and is in the custody or control of
the person, the pet or companion animal must be turned over ta a peace
officer or other appropriate person unless the court determines that the
person is able and fit to provide adequately for the animal. The court may
limit the person's further possession or custody of a pet or companion
animal and nnay impose conditions on possession or custody.
C. Farm animals
Farm animals generally include animals that typically live on farms, such as
cattle, sheep, goats, pigs, horses. A city can define "farm animals" in its
ordinance to include whatever animals it wishes.
se�r�o„�v-a M�nnesota Pet In addition to the Animal Welfare Act requirements, cities take different
and Companion Animal
weifa�e aoc. approaches in how they regulate farm animals in their communities. Some
cities will only allow farm animals in certain zoning districts, such as land
zoned for agricultural uses. Other cities take a different approach and allow
some farm animals anywhere in the city as long as the requirements in the
ordinances are met, such as having a lot over a specified size. It is important
to be clear what animals the ordinance covers and to provide clear
definitions.
1. Farm animals at large
M�n,,.scac.�346.�6.M�n,,. If any person herds cattle, horses, asses, mules, sheep, swine, or goats on
Stat.$61.09.
land over the protest of the land owner, the animals are cansidered to be
sr�wur�V.Fr;.s�r,.3s� running at large. Court opinions have determined that for the purposes of"at
N.W.2d 1 (Minn.Ct.App.
�9s6�. large,"this means that the animals are not restrained or confined. Any
person who knowingly allows animals to run at large is liable for damage
caused.
2. Chickens
Like other animals, cities take different approaches for regulating chickens.
Some cities include chickens in the same regulations that apply to other farm
animals or livestock. Other cities have ordinances that allow chickens in the
city under certain circumstances. However the city decides to regulate
chickens, it is important to be clear about the regulations.
League of Minnesota Cities information Memo: 11/29/2010
Animal Regulation in Cities Page 31
RELEVANT LINKS:
srUre v.��rers�,n,499 N.W.2d A Minnesota court has found that, unless specifically included in the
512,514(Minn.Ct.App.
�993>. definition, chickens and roosters do not fall under the regulation of
ordinances that reference livestock. If the city would like to include chickens
in this category, it may do so by defining the term to include chickens,
poultry, fowl, or other similar descriptions. The bottom line here is that if the
city wants to regulate chickens, it should make sure that chickens are
covered by the ordinance.
"Urban chickens," also called"city chickens," are becoming a more
common issue in cities across the state and country. The urban chicken
"movement" is often linked to the increased desire for people to be closer to
their food sources. Urban chickens allow people to raise chickens at their
homes to have access to fresh eggs on a regular basis. This is the small-scale
keeping of chickens and is much different than a business that raises hens
for eggs and meat. Those sorts of businesses are regulated differently than
residents who want to keep a few chickens in their backyards.
°°F�e�,irn r�sks�s�����ed W�rn There are no state laws that address urban chickens or keeping of chickens
raising chickens,"Centers for
��sease contro��,a in cities, so it is up to the city council to decide if it wants to regulate the
Pre`'e°t'o". keeping of chickens. The city may choose to allow, allow if a permit is
obtained from the city, or prohibit urban chickens. The city can do this in a
co�ta�c cne�MC Kesearon number of ways, including regulation under the general animal or farm
Department for sample
o�a��anoes. animal ordinance or by passing an ordinance specific to keeping chickens.
If the city does choose to regulate the keeping of urban ehickens, some
common requirements are:
• Allowing only hens (no roosters).
• Limiting the number of hens allowed.
• Maintaining coops or runs in a sanitary and humane condition.
• Keeping chickens contained or under control at all times.
• Locating coops a certain distance from property lines and other
structures like houses.
3. Farm animals as pets
It is not uncommon for a resident to want to keep a farm animal, such as a
miniature horse or potbelly pig, as a pet. Again, cities approach this issue in
different ways. Some city ordinances would not allow for these animals as
pets because the ordinance includes them as farm animals and prohibits
them in residentially zoned areas. Other cities may allow for these types of
animals by specific ordinance provisions, sometimes requiring a permit from
the city. Given that these animals have been gaining in popularity, it is a
good idea for the city to consider the issue and have an ordinance in place.
League of Minnesota Cities Information Memo: 11/29/2Q10
Animal Regulation in Cities Page 32
RELEVANT LINKS:
D. Insects and bugs
Insects and bugs are a part of life in Minnesota. While cities cannot really
regulate where insects and bugs choose to live, there are some things a city
can do, such as regulating beekeeping or abating mosquitaes.
1. Beekeeping
°°Apiary Program Since 2006, beekeeping is no longer regulated by state law, except for apiary
Information,"Minnesota
�ePa,-�me„t ofag�;�„it„ie. inspection services related to the transportation of bees to other states. Cities
M""'.stat.� iz4a5. may choose to regulate beekeeping in city limits. Some cities prohibit the
practice while others allow it after obtaining a permit or allow it outright.
2. Mosquitoes
M"'°.stat.� �xc'.i4. The abatement or suppression of mosquitoes is advisable and necessary for
the maintenance and improvement of the health, welfare, and prosperity of
the people. Areas where mosquitoes incubate or hatch are considered public
nuisances and may be abated under state law. Cities have the direct authority
to participate in mosquito abatement efforts. The city establishes a mosquito
abatement board to oversee the abatement efforts. The city may levy a tax or
issue certificates of indebtedness to pay for the program.
3. Local pest control
A city may establish and fund a program to contral native or exotic pests
that are likely to cause economic or environmental harm or harm to human
health. The city may levy a tax or issue certificates of indebtedness to pay
for the programs. This sort of program may be useful in dealing with tree
pests such as the emerald ash borer.
E. Exotic or regulated animals
M�n�,.sr�c.�346.iss,suba. State law governs the owning and possessing of exotic animals, called
�(e).
"regulated animals" in the statutes. With very limited exceptions, a person
may not own or possess a regulated animal.
Regulated animals are defined as:
• All members of the Felidae family including, but not limited to, lions,
tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including
domestic cats or cats recognized as a domestic breed, registered as a
domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association.
• Bears.
• All nonhuman primates, including, but not limited to, lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 33
RELEVANT LINKS:
Minn.Stat.§346.155.subd. FUI'tlleT', the term "regulated animal" includes any hybrids or crosses
�(e>.
between an animal listed above and a domestic animal and offspring from all
later generations of the hybrids or crosses.
If a person owned or possessed a regulated animal on Jan. l, 2005, and
meets all of the requirements of the law, the person was allowed keep that
animal. There are also provisions governing replacement of an animal that is
lawfully possessed. The law also outlines a process that a city is required to
follow if it needs to seize or dispose of a regulated animal.
M�„n.s�a�.s�ab.i�s,suba. �e laws on regulated animals do not apply to certain institutions
7.
enumerated by law, such as certain wildlife sanctuaries, zoos, licensed game
farms, fairs, and others.
VIII.Hunting and fishing
Minn.Stat.chs.97A,��n, Issues related to wild animals, including hunting and fishing, are regulated
97C.
by state laws. This means that cities have a limited role in regulating wild
M;�,n.stat.�9�A.zo�, anima�s as well as hunting and fishing. However, all peace officers are
required by law to enforce the game and fish laws. County attorneys are also
required to enforce these laws.
Minn.Stat.chs.97A,y�s, Cities with large populations of wild animals, such as deer, are aften faced
»c.
"E[unting and Trapping W1t11 CjU0St10riS abOUt ilUritlrig Wltilllri Clty I11T11tS. BeCaUSO St1t0 IaW TegUlateS
i�t���„dt;�n,•�Minnesota firearms in addition to hunting, the city is limited in what it can do to
DNR. Minn.Stat.§§624.71 I
-6aa.�». regulate hunting within the city.
M�„n.scac.§a�i.��3 While cities cannot regulate firearms or hunting, the city may regulate, by
ordinance, the discharge of firearms. (The city may also adopt an ordinance
that includes regulations identical to state law.) By regulating the discharge
of firearms, the city can have some control over hunting within its
jurisdiction.
nn�nn.s�ac. §y��.4oi,suha. Cities may also work with the Minnesota Department of I�latural Resources
4.
to hold a special hunt for certain animals, such as deer, within the city. This
is often done when there is an overabundance of a particular animal in the
area. The city may charge an administrative fee in connection with special
hunts under their jurisdiction. Fees to be collected must be based upon the
estimated cost of conducting the special season or administering the special
restrictions.
M'°°.stat.�9�A.i3�,s"ba. Certain wildlife management areas that are in cities are exempt from local
4.
ordinances that limit the taking of game and fish or vegetation management.
The size of the management area will determine if and what restrictions are
in place.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 34
RELEVANT LINKS:
IX. Animal health and safety laws
A. Animal cruelty provisions
M�„�,.scdc.§34s.zo. The state animal cruelty laws apply to all living creatures except people.
Torture or cruelty is defined by state law as every act, omission, or neglect
which causes or permits unnecessary or unjustifiable pain, suffering, or
death. For purposes of these laws, an animal control officer is an officer
employed by or under contract with an agency of the state, county,
municipality, or other governmental subdivision of the state, which is
responsible for animal control operations in its jurisdiction.
M�n�,.scac.�n.343. The state law provisions on animal cruelty cover a broad range of subjects
and types of animals. This memo focuses on the more common areas
applicable to cities, so if the city is dealing with a different type of animal or
situation, a good place to start is to look at the state law chapter on animal
cruelty.
1. General prohibitions
M�„n.scac.§3a3.2i. Among other things prohibited by laws, a person must not:
s�u�e,a Utech,No.A09-1766 • Overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure,
(Minn.Ct.App.Sept.28,
2010)(unpublished decision). 11111T11, mutilate, or kill any animal, or cruelly work any animal when it is
unfit for labor.
• Abandon any animal.
• Willfully instigate or in any way further any act of cruelty to any animal,
or any act tending to produce cruelty to animals.
Minn.Sfaf.�343.27. • Unjustifiably administer, or permit to be administered, any poisonous or
noxious drug or substance to any animal, or unjustifiably expose that
drug or substance with intent for the drug to be taken by any animal.
2. Food and shelter
M'°°.stat.§3�►3.z4. Any peace officer, animal control officer, or other authorized person may
Section III-A-2,�aWfUny remove, shelter, and care for any animal that is not properly sheltered from
entering onto private cold, hot, or inclement weather, or any animal not properly fed and watered.
P��p��� The authorized person may deliver the animal to another person to be
M�„n.scat.§3a3.z3s.Suna. sheltered and cared for. The owner, if known, must be immediately notified,
�, and the city or entity having possession of the animal has a lien for its actual
M�n�.s�dr.��a3.a�s. costs of care, keeping, and the expenses of the notice. If the owner or
Section X-A-7,Disposal of custodian is unknown and cannot be determined by reasonable effort, or
cruelly treated animals. cloes riot, within 10 days after notice, redeem the animal by paying the
expenses, the animal may be disposed of.
League of Minnesota Cities Information Memo: 11l29/2010
Animal Regulation in Cities Page 35
RELEVANT LINKS:
3. Animal cruelty transportation provisions
M�nn.scac �3a3 z� An animal cannot be transported without suitable racks, cars, crates, or cages
that allow the animal to both stand and lie down. An animal generally cannot
be transported with its feet or legs tied together or in any other cruel or
inhumane manner.
4. Doghouses
M'n°.stat.§3a3.4°. A person that is in charge or control of any dog that is kept outdoors must
provide a shelter for the dog that meets the minimum standards prescribed
by law for doghouses. A violation of these laws is a petty misdemeanor.
The shelter must be a moisture-proof and windproof structure of suitable
size to accommodate the dog and allow retention of body heat. It must be
made of durable material with a solid, moisture-proof floor or a floor raised
at least two inches from the ground. Between Nov. 1 and March 31 the
structure must have a windbreak at the entrance. The structure must be
provided with a sufficient quantity of suitable bedding material consisting of
hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation
and protection against cold and dampness and promote retention of body
heat. If the dog lives on a farm, the dog may instead be provided with access
to a barn with a sufficient quantity of loose hay or bedding to protect against
cold and dampness. Shade fram the direct rays of the sun must be provided
during the months of May to October.
All shelters are subject to all city building or zoning regulations.
5. Infectious or contagious diseases
m�nn.stac.�3�3zs. If an owner or person having charge of any animal knows the animal has, or
has recently been exposed to, any infectious or contagious disease, the
person must not sell or barter the animal, or knowingly permit the animal to
run at large or come into contact with any other animal, or with another
person without that person's knowledge and permission.
6. Investigating cruelty complaints
M�„�,.srac.§3a3.�2. It is the duty of law enforcement to investigate any alleged violation of the
animal cruelty laws. An officer must arrest any person found violating those
laws, and must take possession of any animals that have been cruelly treated,
and deliver them to the proper officers of the county or district for custody
and care.
teague of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 36
RELEVANT LINKS:
M"'°.s�at.a§3a:�.22-.235. State law provides a detailed process, including notice and hearing
requirements, for investigating cruelty complaints. The general idea is that a
person may make a complaint to a court. If appropriate, the court issues a
search warrant and an order for an investigation to a peace officer in the
county. The situation is then investigated. The expense of the investigation
must be paid by the county.
7. Disposal of cruelly treated animals
M'°" SC�t.�3�3.23'. An animal taken into custody under certain animal cruelty provisions must
Minn.StaL§343.12.Minn.
st�t.§343.zz.M�nn.stat.� be kept for 10 days after the animal is taken into custody.
343.29.Minn.Stat.�343.31.
M�nn.scat.y 343.z3s,suaa. The entity taking custody of the animal must give notice of the provisions of
3.
this law by delivering or mailing it to a person claiming an interest in the
animal, by posting a copy of it at the place where the animal is taken into
custody, or by delivering it to a person residing on the property, and
telephoning, if possible. The notice must include all of the following:
• A description of the animal seized; the authority and purpose for the
seizure; the time, place, and circumstances under which the animal was
seized; and the location, address, telephone number, and contact person
where the animal is kept.
• A statement that a person claiming an interest in the animal may post
security to prevent disposition of the animal and may request a hearing
concerning the seizure or impoundment and that failure to do so within
10 days of the date of the notice will result in disposition of the animal.
• A statement that all actual costs of the care, keeping, and disposal of the
animal are the responsibility of the person claiming an interest in the
animal, except to the extent that a court or hearing officer finds that the
seizure or impoundment was not substantially justified by law,
The notice must also include a form that a person claiming an interest in the
animal can use for requesting a hearing.
Minn.Stat.$343.23s,suba. A person claiming an interest in the animal may prevent disposition of the
a.
animal by posting security in an amount sufficient to provide for the
animal's actual costs of care and keeping. The security must be posted
within 10 days of the seizure inclusive of the date of the seizure.
M�p�,.scac.§3as.z3s.Suba. A person claiming an interest in the animal may request a hearing to
3.
determine the validity of the seizure and impoundment. The request must be
made within 10 days of the seizure, and the hearing must be held within five
business days of the request.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 37
RELEVANT LINKS:
M�„n.stac.§3a3.a3s. If the seizure was done pursuant to a warrant, the hearing must be conducted
Minn.Stat.§343.22.
��n�,.st�c.§sa3.�a.M��n. by the judge who issued the warrant, If the seizure was done pursuant to
stat.�343.29 M"'°.s�ac.§ other statutes, the city taking custody of the animal may either 1) authorize a
343.31.
licensed veterinarian with no financial interest in the matter or professional
association with either party to conduct the hearing, or 2) use a hearing
officer to conduct the hearing. If a person claiming an interest in the animal
is aggrieved by a decision of a hearing officer under this subdivision, the
person may seek a court order governing the seizure or impoundment within
five days of notice of the order.
Minn.Stat.§343235,s��ba. The judge or hearing officer may authorize the return of the animal, if the
3.
judge or hearing officer finds both of the following to be true:
• The animal is physically fit.
• The person claiming an interest in the animal can and will provide the
care required by law for the animal.
Mm�,.srar.�343 z3�,sund. The person claiming an interest in the animal is liable for all actual costs of
�.
care, keeping, and disposal of the animal, unless the court or hearing officer
finds that the seizure or impoundment was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory arrangement for
payment must be made between the municipality and the person claiming an
interest in the animal before the animal is returned to the person.
M��,n,s�a�.�3a3.a3s,suna. If the provisions of the law have been followed, and the city still has custody
�.
of the animal, the city may humanely dispose of the animal at its discretion.
B. Animal fighting
�usc§zi�b.M���,.s�a�.§ Animal fighting is a type of cruelty specifically prohibited by both federal
343.31,subd. I.
and state law. Under state law, anyone who does any of the following is
guilty of a felony:
• Promotes, engages in, or is employed in the activity of cockfighting, dog
fighting, or violent pitting of one pet or companion animal against
another of the same or a different kind.
• Receives money for the admission of a person to a place used, or about
to be used, for that activity.
• Willfully permits a person to enter or use for that activity premises of
which the permitter is the owner, agent, or occupant.
• Uses, trains, or possesses an animal for the purpose of participating in,
engaging in, or promoting that activity.
M"'°.stat.�343.3i,sUhas. There is a rebuttable presumption that a dog, bird, or other animal has been
a,3.
trained or is being trained to fight if:
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 38
RELEVANT LINKS:
• The animal exhibits fresh wounds, scarring, or other indications that the
animal has been or will be used for fighting.
� The person possesses training apparatus, paraphernalia, or drugs known
to be used to prepare animals for fighting.
M��,n.sta�.�3a3.3i,suba. i. Any person that purchases a ticket of admission or otherwise gains
admission to an animal fighting activity is guilty of a gross misdemeanor.
M�nn.s�ac.�3a3.3�,sUha. i. The provisions regarding animal fighting do not apply to the taking of a wild
animal by hunting.
M'°°.stat.fi 43.3 i, Fighting dogs and birds are considered dangerous weapons and constitute an
Section lll-A-1,Due Process
��gncs. immediate danger to human safety. A peace officer or animal control
authority may remove, shelter, and care for an animal found in the
circumstances where an animal has been trained or is being trained for
fighting. If necessary, they may deliver the animal to another person to be
sheltered and cared for. The peace officer or animal contral authority must
immediately notify the owner, if known. The person assuming care of the
animal has a lien on it for the actual cost of care and keeping of the animal.
If the owner or custodian is unknown and cannot be determined by
reasonable effort, or does not, within 10 days after notice, redeem the animal
by paying the expenses authorized by this subdivision, the animal may be
disposed of.
M;,,".st�t.��43.3�.Suba.'. An animal taken into custody may be humanely disposed of at the discretian
of the jurisdiction having custody of the animal 1 Q days after the animal is
taken into custody, if the statutory process is followed and due process is
provided. The owner or person claiming an interest in the animal is liable for
all actual costs.
C. Board of Animal Health
M�pn.scac.§3s.o3. The state Board of Animal Health is set up to protect the health of domestic
Board of Animal Health,625
Robert Street North,St.Paul, animals in the state. The board has many powers and duties spelled out by
MN 55155;651-296-2942. IaW t0 CaTI'y OUt tI11S ri11SS10ri.
Minn.Stat.§35.05.
M�„n.sza�,§s as.ob-.o�bl. One of its responsibilities is to deal with animals with contagious, infectious,
or dangerous diseases. A person who knows or reasonably suspects that a
domestic animal has a contagious or infectious disease must immediately
notify the board. The board, or any member or authorized agent of the board,
may investigate the matter. The board may establish and maintain, at the
owner's expense, a quarantine of domestic animals imported into the state
when, in its judgment, that is necessary to protect the health of Minnesota
domestic animals. In some cases, the governor may declare an emergency to
allow the board to establish quarantine zones of control to protect the health
of domestic animals from animal diseases of potentially disastrous
proportions.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 39
RELEVANT LINKS:
X. Conclusion
Cities have broad authority to regulate many types of animals in many types
of situations. When coupled with applicable federal and state laws, cities can
effectively regulate and control animals in the city to make it a safer,
healthier, happier place to live.
co„ca�c�,e i.ea�ue R�s�a�on The League has samples ordinances available on all of the topics discussed
Department at 800-925-I 122.
� in this memo. Please contact the research department to request sample
ordinances.
League of Minnesota Cities Information Memo: 11/29/2010
Animal Regulation in Cities Page 40
§ 10.32
Section 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Housing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks,
geese, turkeys, chickens, guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, reptiles and feathered
birds or fowl except dogs, cats, gerbils, hamsters and caged household birds.
Subdivision 2. Keeping
It is unlawful for any person to keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a permit has been issued, or, (3) animals kept in a laboratory
for scientific or experimental purposes, or, (4) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian.
Subdivision 3. Animals in Transit
It is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, ar (2) restrained by means of
bridles, halters, ropes or other means of individual restraint.
Subdivision 4. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision 5. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 6. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turf, boulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Subdivision 7. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the Director of Public Safety
or Director of Public Works may waive the prohibition in this Subdivision for the
purpose of abating nuisances.
Golden Valley City Code Page 1 of 2
§ 10.32
Subdivision 8. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Department of Public Safety are authorized to issue citations for the violation
of this Section.
Source: City Code
Effective Date: 6-3D-88
Golden Valley City Code Page 2 of 2
t"l��1 ()� _
Cit Administration Council
y /
763-593-8Q03/763-593-8109(fax)
Executive Summary for Action
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
4. Recreational Fires and Outdoor Boilers
Prepared By
Thomas Burt, City Manager
Summary
A resident has contacted most of you concerning recreational fires and using wood as a heat
source. Council Member Pentel requested Council review current ordinances related to the
cancerns expressed.
City Code Section 10.68: Outdoor Boilers, currently prohibits the use of outdoor boilers.
Recreational fires are currently permitted with a permit issued by the Fire Department.
The City does not prohibit or regulate wood fires in an indoor fire place.
Attachments
• Letter to the New Hope-Golden Valley Sun Post Editor published March 7, 2013 from
Tracy Anderson (1 page)
• City Code Section 10.23: Fire Protection (3 pages)
� City Code Section 10.68: Outdoor Boilers (1 page)
Thursday, March 7,2013 New Hope-Golden Valley Sun Post
Letters to the Editor
Writer says wood homes when neighbors "smoke a break?
smoke is lethal out" other neighbors by burning To those with breathing issues
wood for fuel or for fun. or cardiac issues, wood smoke
To the editor, Wood smoke contains hun- presents an actual physical barri-
Ha�e you noticed how preva- dreds of the same cancer-causing er that can prevent many people
lent wood smoke is in Golden toxins that are in tobacco smoke, from accessing public spaces and
Valley? including lead, mercury, arse- participating in public events,
Indoor and outdoor wood- nic, benzene, sulfur dioxide and which is discriminatory.
burning and restaurants that formaldehyde. It is well docu- Gas or propane devices pol-
now cook with wood are creat- mented that wood smoke is a lute less and are more energy-ef-
ing a public and private public trigger for asthma attacks, heart ficient.
health nuisance on private prop- attacks and even sudden infant If you want to breathe freer
erties and in public spaces such deaths,just like cigarette smoke. in Golden Valley, please contact
as city streets and sidewalks. According to the Asthma and 763-545-3895, 612-270-2473 or
Before the smoking bans, Allergy Foundation of Ameri- tracykayanderson@hotmail.
people had the choice not to pa- ca, asthma as the number-one com.
tronize smoking establishments. reason for school absenteeism.
But we don't ha�e that choice on Shouldn't we as a community Tracy Anderson
our own properties and in our clean up our air and give our kids Golden T�alley
§ 10.23
Section 10.23: Fire Protection
Subdivision 1. Definitions
A. Open burning: A fire burning in matter, whether concentrated or dispersed,
which is not contained within a fully enclosed fire box, structure or vehicle,
and from which the products of combustion are emitted directly to the open
atmosphere without passing through a stack, duct, or chimney.
B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic lags
designed for burning, charcoal, cordwood, or untreated dimensional lumber.
Wood does no� include wood that is green, with leaves or needles, rotten,
wet, oil soaked, or treated with paint, glue, or preservatives.
C. Approved Outdoor Fireplace: An at or below grade area not exceeding 7.5
square feet with a perimeter not exceeding 10 feet. The outside edge shall
be ringed with brick, rock, or other non-combustible material to prevent fire
spread. This includes manufactured fireplaces meeting the above
dimensions.
D. Responsible Person: A person over the age of 18 who is knowledgeable in
use of fire extinguishing equipment, including shovels, garden hoses, or fire
extinguishers with a minimum 4-A rating.
E. Recreational Fire: An outdoor fire burning materials other than rubbish
where the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or
less in diameter and 3 feet or less in height.
F. Recreational Fire Permit: A permit, issued by the City Manager or
designee, for the purpose of starting a Recreational Fire.
G. Structure: Is that which is built or constructed, an edifice or building of any
kind.
Subdivision 2. Open Burning Prohibited
A. No open burning shall be permitted within the municipal boundary of the
City, except as specifically provided in this Section.
B. Exemption to conduct fires under this Section does not excuse a person from
the consequences, damages, or injuries which may result therefrom nor does
it exempt any person from regulations promulgated by the Minnesota
Pollution Control Agency or any other governmental unit exercising
jurisdiction in matters of pollution or fire hazard regulation. -
Golden Valley City Code Page 1 of 3
§ io.2�
Subdivision 3. Construction Projects
Open burning is not allowed for the purpose of thawing frozen ground or for
maintaining interior structure temperature in connection with construction projects.
Subdivision 4. Recreational Fires
A Recreational Fire Permit, provided by the City Manager or designee, shall be
required prior to starting any Recreational Fire. Recreational Fire Permits shall be
valid for a period of one calendar year and shall expire yearly on December 31.
Such fires shall adhere to the following regulations at all times:
A. Recreational Fires shall be constantly attended by a Responsible Person until
extinguished. During the time a Recreational Fire is burning, the Recreational
Fire Permit must be available upon request by the City Manager or designee.
B. Recreational fires shall not be used for the disposal of yard waste,
construction materials, or common household trash. Fuel for recreational
fires shall only be that of clean wood.
C. All recreational fires shall remain within an Approved Outdoor Fireplace.
D. No recreational fire shall be allowed if wind speeds exceed ten (10) miles per
hour.
E. Flames from a recreational fire shall not exceed 3 feet in height as measured
from the base of the fire.
F. Recreational fires shall remain a safe distance from any flammable liquids or
structure constructed of combustible materials.
G. A garden hose or other adequate means of extinguishment shall be available
for emergency purposes.
H. When prohibited by action of any state or federal agency, recreational fires
shall not be permitted.
I. At the discretion of the City Manager or designee, any recreational fire not
adhering to the above r�gulations, or that poses a dangerous condition shall
be considered a public nuisance and shall be immediately extinguished. Any
person or persons who fail to comply with these conditions shall be in
violation of this Section.
J. Recreational Fire Permits shall only be issued to Responsible Persons.
Subdivision 5. Other Exemptions
A. Fires under managed supervision for which a burning permit has been
obtained from the City Manager or designee and, where required by state
law, from the Department of Natural Resources, but limited to the following:
Golden Valley City Code Page 2 of 3
§ 10.23
1. Fires purposely set for the instruction and training of public and industrial
firefighting personnel;
2. Fires set far the elimination of a structure/fire hazard which cannot be
abated by any other practicable means; and
3. Fires purposely set for forest, game, or grassland management purposes.
Subdivision 6. Revocation
Vfolation of any provisions of this Section shall result in the revocation of any
Recreational Fire Permits for a period of one year.
Source: Ordinance No. 327, 2nd Series
Effective Date: 5-20-05
Golden Valley City Code Page 3 of 3
§ 10.68
Section 10.68: Outdoor Boilers
Subdivision 1. Purpose
This ordinance is intended to promote the health, safety and welfare and to
safeguard the health, comfort, living conditions, safety and welfare of the citizens of
the City due to the air pollution and fire hazards of outdoor burning in outdoor
boilers.
Subdivision 2. Definition
As used in this Section, "outdoor boiler" means a fuel burning device that is
designed to burn wood or other fuel that is installed outdoors or in structures not
normally intended for habitation by humans or domesticated animals which heats
building space or water via the distribution - typically through pipes - of a fluid
heated in the device.
Subdivision 3. Prohibited Acts
No person may install, use or maintain an outdoor boiler, nor allow anyone else to
install, use or maintain an outdoor boiler.
Source: Ordinance No. 446, 2nd Series
EfFective Date: 08-27-10
Golden Valley City Code Page 1 of 1
£'��� ��
i A ini r tion Coun il
C ty �dm st a / c
763-593-8003 J 763-593-8109(fax}
Executive Summary
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
. (Item removed from agenda)
Prepared By '
Thomas Burt, City Manager
Summary
Mayor Harris requested this item be placed on the agenda to discuss his idea about a conducting
a naturalization ceremony.
���� f�� ,
Finance Department
763-593-8013/763-593-8109(fax)
Executive Summary For Action
Golden Valley Council/Manager Meeting
March 12, 2013
Agenda Item
6. December 2012 General Fund Report and Fund Balance
Prepared By
Sue Virnig, Finance Director
Summary
Attached are the December 2012 General Fund Revenue Report and December 2012 General
Fund Expenditure Report. Staff will be available to discuss the final numbers and transfers for
2012.
Attachments
December 2012 General Fund Revenues (1 page)
December 2012 Genera) Fund Expenditures (1 page)
City of Golden Valley
Monthly Budget Report-General Fund Revenues
December, 2012 (unaudited)
Percentage Of Year Completed 92.00%
Over %
2012 December YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,702,050 5,970,761 11,966,310 $264,260 102.26% (1)
Licenses 173,800 2,200 224,463 $50,663 129.15% (2)
Permits 628,070 40,710 999,384 $371,314 159.12% (3)
Federal Grants 0 5,761 23,043 $23,043 (4)
StateAid 10,500 0 61,330 $50,830 584.10% (5)
Hennepin County Aid 0 0 0 $0
Charges For Services:
General Government 43,550 23,728 52,580 $9,03Q 120.73% (6)
Public Safety 181,745 35,473 195,266 $13,521 107.44°/a (7)
Public Works 125,000 30,676 153,098 $28,098 122.48% (8)
Park& Rec 395,350 20,260 557,936 $162,586 141.12% (9)
Other Funds 1,001,500 6,831 855,789 ($145,711) 85.45°fo (10)
Fines& Forfeitures 260,000 57,563 351,413 $91,413 135.16% (11)
Interest On Investments 110,000 45,578 46,253 ($63,747) 42.05% (12)
Miscellaneous Revenue 182,700 39,910 255,934 $73,234 140.08% (13)
Transfers In 86,810 0 86,810 $0 100.00%
TOTAL Revenue $14,901,075 $6,279,451 $15,829,609 $928,534 106.23%
Notes:
(1) Previous delinquencies were made.
(2)Apartments, Pawn and Liquor License revenue were higher than budgeted.
(3) Building permit revenue increased with new home construction.
(4)VOTF officer payment
(5) Reimbursement for police salaries were matched.
(6) Certification fees came in higher.
(7) Police security services came in higher.
(8) Planning and Zoning Fee revenue was higher.
(9)Youth Tennis Lesson revenue was higher.
(10) Project costs were lower than expected.
(11) Fines and Forfeitures came in higher.
(12) Investment income is low aiong with high bank fees.
(13) Special Assessments collected on previous levies from General Fund.
City of Golden Valley
Monthly Budget Report-General Fund Expenditures
December, 2012 (unaudited)
Over %
2012 December YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
001 Council $287,755 26,852 282,435 ($5,320) 98.15%
003 City Manager 697,925 72,305 669,876 (28,049) 95.98%
ooa Transfers Out 294,710 0 294,710 0 100.00% (1)
005 Admin. Services 1,572,160 156,884 1,513,691 (58,469) 96.28%
oos Legal 120,000 12,404 122,869 2,869 102.39%
00� Risk Management 290,000 (59,483) 237,152 (52,848) 81.78% (2)
o�� General Gov't. Bidgs. 570,855 83,887 509,172 (61,683) 89.19%
o�s Planning 317,035 32,240 296,889 (20,146) 93.65%
022 Police 4,701,500 556,183 4,802,339 100,839 102.14% (3)
023 Fire and Inspections 1,554,480 140,281 1,527,042 (27,438) 9$.23%
o3s Public Works Admin. 315,365 32,905 312,295 (3,070) 99.03%
o3s Engineering 663,425 106,162 634,601 (28,824) 95.66%
03� Streets 1,386,530 171,417 1,246,890 (139,640) 89.93°/a
os5 Community Center 75,355 6,217 61,169 (14,186) 81.17%
066 Park& Rec.Admin. 646,275 68,841 633,771 (12,504) 98.07%
os7 Park Maintenance 996,780 127,282 959,012 (37,768) 96.21%
osa Recreation Programs 410,925 20,185 488,636 77,711 118.91% (4)
TOTAL Expenditures $14 901 075 $1 554 562 $14 592,549 ($308,526) 97.93%
(1)Transfers were made in June.
(2) Dividend payment from LMCIT was higher this year.
(3) Police revenue would offset overage.
(4) Park& Recreation revenue increased to offset.