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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 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is avaiiable in alternate farmats upon a 72-hour request. Rlease call � 763-593-800b (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. �"l�� t�� Public Works Department 763-593-8030/763-593-3988(fax) 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) e. . .._._� ;� , '� � _ � ' � � ���;_: _ ' _ '� ,,,,,�„ ° ' , „� .y � . ,,.., �, f� � s � � a � � ° o ° � ,; „ �,��~~'.° 1 O ° o f��n � � � . � �. . . . . .� ...,u P � • 3 ��w• o � � n ! � N c C � o ... _ . L Ey z �L � V � p � d d d s � � , ..... 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I, _ _, 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 -i- 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. - 1- 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. -2- 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. -3- 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. -4- 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 -5- 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 -8- 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 AdCltqicts Ib ��� . � ��� � tt �C,• 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 ',___ �^ �1 ,I l�kn u � ►ibM � Mandala Montessori We Are Expanding!Enroll Now For Fall of 2012 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 Leave a Reply Your email address will not be published.Required fields are marked* 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 3 of 3 Nama� Email' Website Comment �Past Commentl Subscribe Submit Announcements Submit Content Contact Us Print Subscription Submit Anniversary,Wedding Submit'Sport Shots' AdvertiSing Info RSS Feed or an Engagement Submit a Birth Announcement Submit a Letter to the Editor SpeClal SeCtiOns Submit an Obituary Submit a News Tip �2012 ECM Publishers,Inc..All Rights Reserved. http://post.mnsun.com/2012/OS/chickens-study-will-take-l0-months-in-golden-valley/ 9/17/2012 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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Curtently ��� � � G�t�i � . ,2att tiaEi:,and �� sport cn your nio[ile pho i�with 6�J�F C S�n � �� ,m Forecast*Radar .. ����Ni� � Home I News I Weather I Sparts I Traffic I Oniy on 5 I Things To Do I Marketpiace I Contact Us I Twin Cities Live I Links I Search KSTP.eom► Search s�rcn Keyword► Ka ord Dr down !. ���� Most Read Stories �` • Plane Crashes,Lands on Road in Eden Preirie � • Mother of Boy Killed by Car Wants Changes ' * to Mpls.Street • Wildfire Destroys Homes in NW Minnesota Town • Truth Test:Is Bachmann Right about Muslim Brotherhood? • Wildfire Destroys Homes,Prompts Evacuations in NW Minn. �/It�@O Ancho-v�oinar,Fires Back � � .�._ .,<- .,: . ,_;...��>> ., ,,;; . �" Afte-VLaignt_. � 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. � _ .r I ° I— .. . . G!t A QUOt@► You Miyht Be Interested In From Around the Web • Mother of Boy Killed by Car ' B���ionaires Dumping Stocks, Economist Knows Why Wants Changes to Mpls.Street Moneynews ��� Oct 02 • Conn.Teacher Kills Masked ' Eye-Opening Documentary on Teen,Leams It Was Son Sep A��en Contact May Sway Even Z$ the Most Hardened Sceptics (Full) SnagFilms • Vikings May Not See QB Locker . Six Minutes Left On Parki�g Next Sunday Oct Ol Meter,This Guy Got A Ticket • UPS Driver Killed in Mpls. 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Townhouses�sit Today and Flnd Your New Home! No,my nli�d iS roede Up khov.mMChanhassen7own... Rat Proof Chicken . IYs possible Feeder In Stock$50 Starve the _:: Probably,debates carry a lot of weight rets!Savings in feed paysforfeeder I Hro�1 vvatCh the debffie thecarcentershoo.net ' Minnesota's 'vote `� I Future ��� I Support Small Business �ew Results Polidaddy.com and MN Entrepreneurs in 2012 Elections ' KeithDOwnev.com ndve�t,semenc � 5 FOOdS VOU (nUSt Grants For Schooi If You Qualify ' no • Retum to school with a grent N you � Cut dOwn a bit Of qualiy.You may be losing up to stomach fat every day � .��.�., $21,900 every year you don't go badc by never eating these 5 to school.More foods. ... Trimdownclub.rom POOP-free American Express--Savings ChiCken Watel'e1' Foic rosured savinqs qccoums wan Automatic waterer keeps � ;� No Monthly Fees or Minimum hens happy Clean water � Balances.More 1a5t5 days.More egg5! AvianAauaMiser.mm Mortgage Rates Hit 2.32%APR . Rehnance and lower your mortgage paymenls lotlay.Our cuslomers save . an average of$4,272/month by . refinancing.More http://kstp.com/news/stories/52621276.shtml?cat=1 10/3/2012 Golden Valley Takes 10 Months to Study Chickens � KSTP TV-Minneapolis and St. Paul Page 3 of 3 Site Index NEWS WEATHER SPORTS TRAFFIC ONLY ON 5 THINGS TO DO MARKETPLACE CONTACT US Local Weather Home Sports Headlines Traffic Home Links Events Calendar Contests Email Us National 5 On Your Desktop Vikings News Alerts Movie Lis[ings �ot[ery News Teams tnternational Interactive Radar Twins KSTP Mobile Family Real Esta[e Community Events Business Regional Radar Wild Columnists Healthy Living Dot Com Deals FAQs Entertainment MN 7emperatures Timberwoives Investigates Lifestyle Autos Community Web Sites Health&Medical Midwest Temperatures Gophers Thursday's ChiW Recipes Credit Check Request a Tour Poli[ical Snow Emergency Info High School Sports Twin Cities Live Senior Living Yellow Pages HBI Properties Home and Garden School Alert NHL Headlines qt Issue Green Living HBI History Science&Technology 7arget Field Weather NBA Headlines On the Road Travel Closed Captioning Links Airport Flight Delays MLB Headlines TV Schedule Pets Concems Allergy Alerts NFL Headlines Education Public Inspection File Golf Headlines Horoscopes Employment Public File Reparts � Connec[With Us CopyHght 2012-KSTP-N,LLC A Hu66ard Broadcastlng Company HBI Privacy Policy�Terms of Use�HBI Propertles�Sitemap http://kstp.com/news/stories/52621276.shtml?cat=1 10/3/2012 Appendix D - Local Ordinances Matrix ; � i � '` i i io ;� � i a� i i � � � ; 3 ; ; ; i i � i� i � � � '� i i i i� � ��� i i i �� ;ci � ;.� i ! i ��; � � i a � ;�� ;o; � i IN iU 'O! 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W C � � C N N — f0 � C > aL.+ 0 �' . � V Q fl" Q > Y p � > c o ... �o > =' � � c o m 3 n �o ° a � � v °1 � u U in L � p C L _ '^ � m L O G_ N � c �' N c � v� � L a+ N H > in L � � _ � H O � :� m t) } m '++ � V � w ¢ � w ¢ � µ� Q � w Q g w ¢ � w ¢ � w ¢ � � Z [O Z [0 Z a0 Z m Z [� Z o� Z [O � J � � J � � J � � J � � J � � J � � J � � 0 Z W O Z W O z W O Z W O z W O Z W O Z W O LL O LL LL O LL LL O LL LL Q LL LL O V- LL O LL LL O L.L LL tY Z L � Q z � Z � � v G/ > G1 > 7 > > � a-� � ' Q � Q � N N T -6 -6 C � N � (p N f6 � �"� � fd f6 � d � X U' O N N H d � M em-i i-^-1 O V O N � � � � V1 O N c-1 Q 00 �--1 ri i--1 N �-i d' N i1 � y O � U' N s � � v � = O � � d N � N OO W O +-' � � p � 7 � 2 � �i � a� c.� Y Q 'v � � v °/ s � Z Y w � � � � m � � � � � v � 3 0 � > Y N `+" � � � to vi � '6 O C p m � N 'O S LOO C a-' 3 t a�i n °1 3 � � � �a, o w Q o � c° v — 3 a, 0- N � Q- L � = � � VI ++ � N C C Op ' m > — v� ai ,,, o�i 3 v m � � a� v c a`i � � �o . f0 Y ia °n a _O � C Y ++ Y O1 f6 C 0 -O � � �p U v }' UJ � 1A 4+ V 3 Y bD C L f6 p � i+ (O C .� � � N Q y� � C C V y � N ? 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L1 GJ � Y Y N � j S �, � (O � y p � N t T 0 c N u O � � '6 N J � w N m p � — L `�O � N �6 �> m N U L y '^ _ � � � `� � u � 2 " � � a � vi �° +L.' u @ c�i c " a o N 3 �� �� .� � ai = Y u �ri o_ 3 � Y U � O S ta O Y Ul � p C N -p � v N C p �` 3 v 6 m L 3 '� '£ � p > � Q `1 � p L1 G O � p N S N O 7 V�- � 10 > � a � � � � �- c ta Q �- fp � p p_ ? L — C p�p C O @ � Q a � L C � tlD a�+ u 0 � � 'O O � Y N O ±. � N rp � N O u ,�1 � C Ul `� E � v � N N � � O v to C � to O O N �n 3 m C V � � .f�. � .p > "6 v O9 p L O ip Y C O � Y C .� y N C *' O . �' :.+ � C a m a c � _° `` a` c � ° � v 3 `° o LL ° a�i -o �n E a " io � f0 'O `0 �n x L � � o � c � ,� ._ v . � � E > v o � '� � � � ° 3 -a N oo y C 19 C C > -O p�p N � �- p_ � y � C C (�p �p � � f0 V vl � O -6 C � C y�-� . 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V L Y m m vi N � '� C U �o io 'O � � . � ys, N O V Q N v .Q O � � v 3 O � � Y � C V Vl p O � C s �J a m N v � � co � � � T � fp U v � O_ � O O � (� � u :°. a fo w � z � -o �a ¢ a �o � a c � °u n o ¢ c� nvn a 3 �'n � T ° of0o n a v Y � z a � � � � � Z O � W � LL LL > Q � O O 3 a�, U n N m N N W � � 0 � a v z LL T N � WC U G Q Z C � N +_�+ �� {y � Y C m e'n �+ c� +-� v a � -a c � a v c ° n. ,� � �, I ,n `° � Q � c � m 'o c t o v ai � r ,_. ca Y '�n m � � � Q —. m m �, �n a� � N � O � � 3 00 o m -o � v � Z � v � v c � o cYi 3 3 •� ' - � a t c � v v :: � `� a v u " t o on ao i N .0 v� ++ �p O O uf '^ � O � W Y Y V 00 � �p � � � C > 3 i 'a G7 . 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N ' � Q v � � � V N .D C O O_ L Q O � G C aY+ p A � 0 3 � � � j a t E '� o � � � c - �o v o°10 � w � � � °; ° .� c o°n `_' o v � � o c � � ocn � v v -a to > t w i "O � � � OT1 t �i � a >` tu .� L � C C a+ N C f0 f0 o Q 3 � a� v o c m p � �o .� o o v y m L �. � -o E Y = ro >, p_ l7 O Y +� •u � p �, � Q -a C O O � C � a�+ � N C � � � � � 67 O � � L C T N .� t � N m � y � t O1 C @ }, � . _ L N � 7 � � S C (6 � 16 in 3 � p � O N Y O � > � � � `� . _ L � � � � Y � � � , � � � � L � � _ � L � � bp ++ N � N OD � w- -Q Q Y +�+ "a -a C L <p ra � C ��[ C � -a � � � L ++ C Q � C Gl N � � � >C' N C � � � Ol v 0 � '� � � ,F+ y f6 U � � •3 � (� T L L C � � � � � � � N a' � °' m a� o s � �a -o o � � .*-' � •� >. w � � i fl- `� � � E ; � � .c � m o � � m c c � � °_' 3 a o m o � 6a' 3 � � ° a F- N � �' m 3 p v " � fl- °n fO ` > u v � ui _ - , c ` c c > a� 4! a�i v � � a�i c .°_ 3 a'� s 3 � o `�' -va Q- Q- _ °�' 3 v o � � to N t � v a, o c o ,r °, Y °- c c � `^ � '6 o a`, � � Q a 2 ,0 3 Q- 'n 3 cu 3 u °- v 3 ;; o o v t a o � "� �f O OJ v � y a+ _. 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L �+ t N IJ � 47 +L+ 41 T m � /6 � a f0 C L v C +L+ Y � 01 M � t f6 � N L � � � o � •3 c ,r � : .c � , v o 3 0 @ 3 y o �a c .c +. v s y a m � c ` u � � �' E a c � c a"i �' a N 0/ v � c ` � � ,� o � o � p � v � o `N°. @ ° �a, � °, c -°a � m v Y a 3 � o o � v v ° d o � v v � � o �n c � +' c ,� > � � � c, L �° `—° vi o m °1 > � u a� -° � v 17 t �° c ra _ � i, ai = �o v � `o ° 3 >' —y v s a � � c ° � ° t � c " v fl- r � 'x° m c �,� •`-" � _ C OID �n � � > N L • � Q �. v Ol N N C � 3 p V vi 'y fl- N 'O .7 C '�6 N �i in C O � lo .0 � � "O a+ � pp U � C 7 � � C � v�i � `J y � y "a L y v L �.+ t � L � a+ �' C -o ai s ° � •`-' 'n � s � a' � � 3 E c m " " Y •'� .c �, � c o L �c � V � VI . � T Y � L � L1O L Y � � � t �, " m —°' � m v a � N c E ar Y w > " v � 3 � `� v ,� v °' c � c a � r m o Y � � o m m c � +� o c °- � � � y • m �n v � � o c �' 3 �, � � N °o °' w £ t � E ° °w � � °,,,' $ c N v .a '° O N N '"' N � fl- � m O C .O � U : N C � GJ OU � � � L ' Y � � N Gl V O Q � > 7 Y � E w 's ° '^ � u � o u Y w s -a � � L '" � ao Y � � m -° c@ m > �^ U � �' �n p p +' c� Y T C � '^ ±' � y C �, p, pp �n O N N �. Q �n a L � N � E '�' ` i L c� f6 (0 N �� �, �n C 3 00 `� tJ � :� � m a ±• •� � � a, a, � t E v � E � o 0 o a, a � a, w � y N � 3 � O 0. 00 'a u a' j t� �. N C � N Q +�+ � .0 L y O � +Y,, O -0 T E 'a G, v� y N m L"� "a = �+O p L= �'. � � a�.+ � O C u � � N T J a Y � � � � y C � F'- y y L Y L C O f6 y � GJ � � � 3 � � � � 'L � � g `� '^ •u � �- = c E � � 3 � y � v •� � n — ` °- E > ra � " -a � •� a; v � ° o a; af0i a`, c 2' v a u y •'e o `° o � v o o w m � '° o m o� � c �' r m c -o a u v � m �' � 3 3 a�i 3 � w o i, i, � c v � E � � � a! o � y N ° 'v a°r c � E °o. �o a m � °° � � ° a � @ ,° -'o ' � � ° w �; O CJ v ? > •� �c t °- � �0 �n c +� .� �i �a -o d •� y m o > m -o � 3 LL � ±' N U +' O > ?` O '8 y� N m m "a �/ "6 v � d ±' C N to !.+ 0� � Z L 7 C +-' L � N � in as.+ L y �, > 7 � (O C �' V y O N OJl C r-I Q� c � vi m � 'o N R o c�o u i N al v�i �n a7 L � Q c > N c�o O � p �, � u N f0 �= C L C ,C v�i t a_+ y N G1 fl. 7 � O1 O N -6 V h0 G. .ti 0 L � � a.�+ L � � � N `L° °' 'c Y '" n 'v > � � °—' > � u s � v � � y O � u m 'v w +r � °, a � O Y � �,, V N v� G7 Q > �'' �V N d � L � L � � � N C � L C � a=. H � � N m m O C L '6 +, G. N � i N U N v � � y N N �i � N '^ 7 `� m V Z � L v o � m c m � � w v ai t w c*'i a�i � i, o N w Y p '^ � > o� � � a W °' fO � °- '� Z t y ° � p � c c � a � � L a � 3 � t� oo � L v � � � y � � +' m � �' ?� L -a L GJ L 7 O �n v- � y,� f0 fp O �i O � 00 T . Y 9 � o y � � £ o � � � 3 d « � � y � � s a � � o � � Y � s � � � `�° s p o oOOO a c E o- � L v m m � m o- � �' E °D �° � a°'i E a � v � > � � M � s U x � � ° °u o = 3 � a � s m £ �3 c o ar v . � o � c � m v � 0 3 3 in C � 00 — a+ u� f6 Q O L a+ a+ �n � O J w O J W O J W � J z m J Z CO J Z m � Q � � Q � � Q � � � � O � � O g W O � H N W � � � Q Z Z Z � � C C N N W � w W C N C W � � Q � C C Z � Q Q v � � p �N O L C N � L 3 o > v 3 � � -a' .°� t '° > L s 3 �° � _ 3 E +' � a, v 3 c * `o ° � Y o � � � .� �H � y N L O � � � 41 � (6 N .� � i+ Y E �. °' � v a � t Y o 3 � a� � on � �^ � � � �a � � � � � o m > o s � o a � � O N � �"i yHj C �. > O — � � u m � � � _ � u� � '�6 w � � '� � N � V O V' a-T� � � Y C O V U � '� N � O 0 � t � fl. O ? y y, � � C ] ++ � -6 � j Y �V � � Gl C v � f6 � �vf y� � Q � p � f6 Q_ 00 f6 H L y N . Q � V N � � M1' � � � � � � ..a� > 3 � ° E �a _ .v � � O N .� � N C � OA *' t6 O �' Q y v v � � � on m c Q N °�' � a�, •- o p •� 'm c � v w 'c o v ; v � � � � Y � � � -c E fa O � ..- `-^ cc rp m o N 3 � � 3 on � Y C � T N � 11O y'� Y � N +�+ .� VE C O U � C � _ � � N � V � O v = � � m � � N � � � v a � a � N � v � � — fp c d � fO O Y T a °1 -o � '� m > -o V ., � � c v � °1 � � c Y c � o t � *�'' � � v v @ M1• +' F_ �p Y � ] M � � "a +-+ � � � �F � pp 3 7 � � � 0 � C O LL C � � � "a 'D W N � � a-_�+ T OA �, �-I C -a �+ � w � v ai c � N � " -° E o � N s > � � � ca � Q. O � � � � � � pp N d � C N O � � V (, � � C +�+ 3 'p � C p tp � � Z � � C -' -C � � � � y WC 01 � f6 y �i � N Q (6 pp G � v O � i '� � ? � � g ; � � � � g ,� .� vt oQ „ � > a � � � � � � v y �o a m s t 'N V x .. .c vi m — +� � . 0 L Y H Z GJ � w � C � H N 0 G1 f�6 � � gv a � v� N N w � � Q Z Z 3 C N- O '^ C W � s � � a o � Z � w 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.