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HomeMy WebLinkAbout2015-04-28 PACKET 05.A.e5. A� Cottage Grove City of Cottage Grove �herePride a nd ,,,SperityMeet Public Safety — Police /Fire /EMS Memo To: Public Safety, Health and Welfare Commission From: Deputy Director of Public Safety Peter J Koerner PV\, Date: April 24, 2015 Subject: ANIMAL CONTROL ORDINANCE REVIEW History In 2007, the public safety department and the Public Safety, Health and Welfare Commission did extensive review and revisions the animal control ordinance. This was a public process with citizens having the opportunity to be involved. During this process, the entire animal ordinance was reviewed and updated. The following areas were addressed: • Potentially Dangerous Dogs • Added definitions • Definitions of attacks and imminent dangers • Seizures • Impoundment periods and dispositions • Concealments of animals • Multiple offenses — seizure and destruction Under the amended language, it has been shown to be very effective and addresses the safety concerns of the city. The memorandum presented to the PSHW Commission is attached for more details on the process. The process of licensing has changed. The office of the city clerk is no longer responsible for the licensing of animals. The responsibility was transitioned to the police department. Due to the change in process, we have reviewed the animal control ordinance and revised areas that refer to licensing. Copy of the entire animal control ordinance is attached with suggested Recommendations Requesting Commission comments on recommended revisions. A draft of the revisions will be sent to the City Attorney for review and comment. Attch. 5 -4 -1: DEFINITIONS: For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: ANIMAL CONTROL OFFICER OR ANIMAL CONTROL AUTHORITY: A police officer, community service officer, or other person, or their respective departments, that is responsible for animal control operations in the city. AT LARGE: Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. CARETAKER: Any person or persons, firm, association, or corporation possessing, harboring, keeping, having an interest in or having care, custody or control of a domestic or wild animal on behalf of the domestic or wild animal's owner. CAT: Any feline animal, male or female, whole, neutered or spayed. COOP: The enclosed structure for keeping or housing fowl or poultry permitted by this chapter. DANGEROUS DOG: Any dog that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; B. Killed a domestic animal without provocation while off the owner's property; or C. 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. DESTRUCTION COSTS: The costs attributed to the proper and humane destruction of a dog pursuant to Minnesota statutes and this chapter. DISEASED ANIMAL: An animal shall be considered diseased if it has any communicable disease or is suspected by a qualified person of having any communicable disease. A rabid animal shall be one having rabies or suspected by a qualified person as having rabies. A rabid animal is a diseased animal. DOG: Any canine animal, male or female, whole, neutered or spayed. DOMESTIC ANIMAL: Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous, and nonconstricting reptiles or amphibians, and other similar animals. FOWL: A bird, such as a duck, goose, turkey, or pheasant that is used as food or hunted as game. GREAT BODILY HARM: Pursuant to Minnesota statutes, section 609.02, subdivision 8, great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. HEN: Female fowl or poultry. MAINTENANCE COSTS: Any costs incurred as a result of seizing an animal for impoundment or observation, including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining, feeding, boarding or maintaining seized animals, whether these services are provided by the city or a city contractor. OWNER: Any person or persons, firm, association, or corporation possessing, harboring, keeping, having an interest in or having care, custody or control of a domestic animal. POLICE DOG: A dog that is trained specifically to assist police personnel with their work. Work includes, but is not limited to, tracking and apprehending suspects, tracking of missing persons, and detecting controlled substances. POTENTIALLY DANGEROUS DOG: Any dog that: a) when unprovoked, inflicts bites on a human or domestic animal on public or private property; b) 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; or c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. POULTRY: Domestic fowls, such as chickens, turkeys, ducks, or geese, raised for meat or eggs. PROPER ENCLOSURE: A secure indoor confinement or a secure locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal 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 barriers that prevent the animal from exiting. The enclosure must not allow the egress of the animal in any manner without human assistance. A "proper enclosure" must meet the following minimum specifications: A. The floor must have a minimum overall area of thirty two (32) square feet. B. The side walls must have a minimum height of five feet (5) and be constructed of 11 -gauge or heavier wire. Openings in the wire may not exceed two inches (2 "). Support posts must be one and one -fourth inch (1' /4") diameter or larger steel pipe buried into the ground eighteen inches (18 ") or more. When a concrete floor is not provided, the side walls must be buried a minimum of eighteen inches (18 ") in the ground. C. A cover over the entire pen or kennel must be provided. The cover must be constructed of the same gauge wire or heavier as the side walls and must have no openings in the wire greater than two inches (2 "). D. An entrance /exit gate must be provided and be constructed of the same material as the side walls and must have no openings in the wire greater than two inches (2 "). The gate must be equipped with a device capable of being locked and must be locked at all times when the animal is in the enclosure. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. ROOSTER: Male fowl or poultry. RUN: A fully enclosed and covered area attached to a coop where the fowl or poultry can roam. SERVICE DOG: Any guide dog, signal dog, or other animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. SUBSTANTIAL BODILY HARM: Pursuant to Minnesota statutes section 609.02, subdivision 7a, means bodily injury that involves a temporary but substantial disfigurement, or that 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. UNPROVOKED: The condition in which the dog is not purposefully motivated or prompted. VACCINATION AGAINST RABIES: The inoculation of a dog or cat with a rabies vaccine. WILD ANIMAL: Any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include, but are not limited to, the following: any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including all members of the deer family such as elk, antelope, and moose), elephant, fox, hippopotamus, hyena, jaguar, leopard, lynx, monkey, puma (also known as cougar, mountain lion, or panther), pot bellied pigs, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf /dog mixes. (1971 Code §§ 4 -2, 4 -11, 4 -23, 4 -28; amd. Ord. 708, 3 -20 -2002; Ord. 801, 10 -4 -2006; Ord. 837, 2 -6 -2008; Ord. 853, 2 -4 -2009; Ord. 915, 7 -17 -2013) 5-4 -2: DOMESTIC ANIMALS AT LARGE PROHIBITED: It shall be unlawful and a misdemeanor to permit a domestic animal to run at large, whether or not the owner is present, within the limits of the city. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. Unleashing of dogs is allowed within the boundaries of the public off leash dog park and is subject to the posted rules of the park which includes the owner having verbal or physical command over the dog. (Ord. 883, 10 -6 -2010, eff. 6 -1 -2011) 5-4 -3: NUISANCES: A. Noisy Animals: No person shall keep or harbor an animal which habitually barks, cries or creates a noise in a manner which disturbs the peace and quiet of any street, neighborhood or public place at any time of day or night. "Habitual barking" shall be defined as barking for repeated intervals of at least three (3) minutes with less than one minute of interruption and audible off the owner's or caretaker's premises. (Ord. 837, 2 -6 -2008) B. Damage To Property: No person having the custody o control of a domestic animal shall permit the animal to damage any lawn, garden or other property, public or private, or to micturate or defecate on private property without the consent of the owner or possessor of the property. C. Feces Removal Required 1. It shall be the duty of each person having the custody or control of a domestic animal to remove any feces left by such domestic animal on any sidewalk, gutter, street, parkland or other public property, or on any public area, and to dispose of such feces in a sanitary manner. (Ord. 801, 10 -4 -2006) 2. It shall be the duty of each person having the custody or control of a domestic animal, when such animal is upon any of the places or areas described in subsection C1 of this section, to have in his /her immediate possession a device or equipment for the picking up and removal of such feces. D. Attacks Unlawful: Unless exempted by Minnesota statutes or this chapter, it shall be unlawful for any owner's or caretaker's domestic or wild animal to inflict great bodily harm or substantial bodily harm to any person or any animal regardless of whether the owner or caretaker is present. (Ord. 837, 2 -6 -2008) E. Animals Presenting Imminent Danger: If an animal control officer or police officer has reason to believe that an animal presents an immediate danger to the health and safety of any person or the animal is in the process of attacking any person, the officer may immediately destroy the animal in a proper and humane manner. In the alternative, the officer may seize the animal and confine the animal as set forth in subsection 5 -4 -8F of this chapter and, as applicable, Minnesota statutes section 35.541. The owner of the animal presenting an imminent danger is responsible for all destruction and maintenance fees. (Ord. 853, 2 -4 -2009) 5 -4 -4: DOGS AND CATS: A. Licensing Provisions: 1. Licenses Required: No person may own, harbor, keep or have custody of a dog or cat over six (6) months of age within the city unless a current license for the dog or cat has been obtained from the city. 2. Issuance Of License; Fee: a. Issuance Of License And Fee: The licenses shall be issued by the city Clerk police department for a fee established by council ordinance from time to time. b. Payment Of Fee; Late Fee: It shall be duty of each owner of a dog or cat to pay the license fee imposed in this subsection to th CityGl police department when a dog or cat attains the age of six (6) months of age, upon acquiring ownership of a dog or cat, upon establishing residence in the city, and before January 1 of each year. A late fee, as determined by council ordinance from time to time, will be assessed on all licenses sold after January 1 of each year for dogs or cats owned prior to that date. License fees are nonrefundable. (Ord. 801, 10 -4 -2006) c. Exemptions From Fee: Service dogs shall be exempt from the license fee upon providing proof of certification of training as a service dog. Dogs used in police or rescue activities by or with the permission of the city are exempt from the license fee. 3. Application For License: The owner of a dog or cat, at the time of application, shall provide the-G+fy E4erk police department his or her name and address, the name, breed, color, sex of the dog or cat, proof of rabies vaccination, and statement of spaying or neutering. No license shall be granted for a dog or cat, which has not been vaccinated against rabies, as provided in this section. 4. Licenses Period: Licenses shall be issued on a calendar year basis with an expiration date of December 31. The owner of a dog or cat shall have the option to apply for a one year, two (2) year, or three (3) year license, depending on the expiration date of the rabies vaccination. 5. Tags: a. Issuance: The r'+ Gler police department shall procure a sufficient number of suitable metal tags, the shape or color of which shall be different for each license year, and shall deliver one appropriate tag to the owner when the fee is paid. b. Tag Fastened To Collar: The owner shall cause the tag described above to be affixed by a permanent metal fastening to the collar of the dog or cat so licensed in such a manner that the tag may be easily seen. This tag shall be constantly worn by the licensed dog or cat. c. Duplicate Tags: In case any dog or cat tag is lost, a duplicate may be issued by the elerlE pgkp department upon presentation of a receipt showing the payment of the license fee for the current year. A charge in such amount as provided by ordinance of the city council from time to time shall be made for each such duplicate tag. d. Dangerous Dogs: Pursuant to Minnesota statutes, section 347.51, subdivision 7, a dangerous dog shall also have a standardized tag identifying the dog as dangerous and containing a dangerous dog symbol. e. Potentially Dangerous Dogs: A potentially dangerous dog shall also have a standardized tag identifying the dog as potentially dangerous. (Ord. 837, 2 -6 -2008) 6. Certification Of Rabies Vaccination: Every application for a license shall be accompanied by a certificate from a licensed veterinarian showing that the dog or cat to be licensed has been given a vaccination against rabies in compliance with subsection B of this section. (2000 Code; amd. Ord. 801, 10 -4 -2006) 7. Statement Of Neutering Or Spaying: An applicant for a license for a neutered male or for a spayed female dog or cat shall present a statement from a licensed veterinarian indicating that the dog or cat has been neutered or spayed and giving the date of the operation. 8. Registration Fee For Dangerous Dogs: Pursuant to the city's authority under Minnesota statutes, section 347.51, subdivision 3, in addition to the fee set forth above, the owner of a dangerous dog shall pay a registration fee to the city clerk police department. The fee, as established by council ordinance from time to time, shall be paid on or before January 1 of each year. (Ord. 837, 2 -6 -2008) 9. Nontransferability Of License Or Tag: No license or license tag shall be transferable to another dog or cat. (2000 Code; amd. Ord. 801, 10 -4 -2006) 10. License Prohibited To Minors: No license may be issued to an applicant under the age of eighteen (18) years. 11. Exemptions From Licensing Provisions: Cats can be used to control the rodent population on a farm and to facilitate the efficient operation of farming. For these reasons only, the owners of properties in excess of ten (10) acres in either the AG -1 or AG -2 zoning district that have farming operations shall be exempt from the licensing requirements for cats under this subsection A except that all farm cats must be vaccinated against rabies as described in subsection B of this section. B. Rabies Control: 1. Vaccination Of Dogs And Cats: a. Vaccinations Required: (1) Every dog or cat shall be vaccinated against rabies, and no license, except as provided by this chapter, shall be granted to a dog or cat which has not been so vaccinated. Dogs and cats shall be vaccinated within thirty (30) days after they reach the age of six (6) months. (Ord. 837, 2 -6 -2008) (2) Unvaccinated dogs or cats acquired or moved into the city must be vaccinated within thirty (30) days of purchase or arrival, unless under six (6) months of age as specified. (Ord. 801, 10 -4 -2006) b. Revaccination: Every dog or cat shall be vaccinated one year after initial vaccination, and thereafter at three (3) year periods, with modified live virus vaccines or inactivated vaccines having a three (3) year duration, or annually if any other shorter duration vaccine is used. (Ord. 837, 2 -6 -2008) c. Vaccinator; Certificate And Tag: (1) Vaccination is to be performed by a doctor qualified to practice veterinary medicine in the state or in the state in which the dog or cat is vaccinated. (2) A veterinarian who vaccinates a dog or cat in the city shall provide the owner with a copy of a certificate of vaccination. The owner shall provide the city with a copy of the rabies certificate for proof of vaccination at the time of license application. (1971 Code § 4 -23) (3) A veterinarian who vaccinates a dog or cat in the city shall provide the owner with a metal or durable plastic tag, serially numbered to coordinate with the certificate of vaccination. A metal or durable plastic tag shall be securely attached to the collar or harness of a dog or cat. Whenever the dog or cat is out of doors, whether on or off the owner's or caretaker's premises, the collar or harness with the attached vaccination tag must be worn by the dog or cat. (Ord. 837, 2 -6 -2008) d. Aged Or III Dogs Or Cats: When, by reason of age or other temporary physical disability, vaccination is impossible or harmful to the dog or cat, the Gity GleFk police department may, on presentation of a certificate of a veterinarian establishing such disability, issue a license for such dog or cat, subject to the condition that the certificate of vaccination be obtained and presented to the city after such period of disability ceases. e. Responsibility And Liability Of Owner: (1) The cost of rabies vaccination shall be borne by the owner of the dog or cat. (1971 Code § 4 -23) (2) An owner of a dog or cat not appropriately vaccinated against rabies which bites or exposes a person to rabies is guilty of a petty misdemeanor. (3) An owner or caretaker of a dog or cat who permits such animal to be uncontrolled off the owner's or caretaker's premises without a proper rabies identification tag is guilty of a petty misdemeanor. (Ord. 837, 2 -6 -2008) 2. Dogs And Cats Bitten By Rabid Animals: a. Determination Of Exposure: Dogs or cats known to have been bitten or scratched by a bat or by a wild carnivorous mammal not available for testing shall be regarded as having been exposed to a rabid animal. (1971 Code § 4 -27) b. Unvaccinated Dog Or Cat: If the exposed dog or cat is not vaccinated, the following shall apply: (1) In the case of a dog or cat that has not been vaccinated in accordance with this subsection B and that has been exposed to a rabid animal, such exposed dog or cat shall be immediately destroyed; or (2) If the owner is unwilling to destroy the exposed dog or cat, such animal shall be placed in strict isolation in a kennel under veterinary supervision for six (6) months. Before release of the dog or cat to its owner, it shall be vaccinated for rabies one month prior to its release. The owner of the dog or cat shall be responsible for the maintenance costs during the strict isolation. c. Vaccinated Dog Or Cat: If the exposed dog or cat is vaccinated, the following shall apply: (1) In the case of an exposed dog or cat vaccinated in accordance with the provisions of this subsection B, the dog or cat shall be handled as follows: (A) It shall be immediately revaccinated and confined in a proper enclosure by the owner for a period of ninety (90) days following vaccination; or (B) If the dog or cat is not immediately revaccinated, it shall be confined in strict isolation in a kennel under veterinary supervision for a minimum of six (6) months. Before release of the dog or cat to its owner, it shall be vaccinated for rabies one month prior to its release. The registered owner of the dog or cat shall be responsible for the maintenance costs during the strict isolation. (Ord. 837, 2 -6- 2008) (2) Such dog or cat shall be destroyed if the owner does not comply with subsections 132c(1)(A) and 132c(1)(B) of this section. (1971 Code § 4 -27) C. Dangerous Dogs And Potentially Dangerous Dogs: 1. Adoption Of State Law: Minnesota statutes sections 35.67 through and including 35.69, and sections 347.50 through and including 347.56, are hereby adopted. Every provision contained in the foregoing sections is hereby adopted and made a part of this chapter by reference as if fully set forth herein. 2. Determination Of Potentially Dangerous Or Dangerous Dog: A city animal control officer or other law enforcement official shall be responsible for determining whether a dog is a potentially dangerous dog or dangerous dog. (Ord. 853, 2 -4 -2009) 3. Notice Of Determination: Upon a determination by the animal control officer or other law enforcement official that a dog is potentially dangerous or dangerous, the city shall provide the owner with notice of the determination by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice 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 shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the determination, shall inform the owner of the owner's right to an administrative appeal, and shall inform the owner of the applicable obligations imposed by Minnesota statutes and this section. 4. Right To An Administrative Appeal: An owner may appeal a determination that its dog is potentially dangerous or dangerous by filing a written request for a hearing to the city adminis#atef director of Public safety within fourteen (14) days of the service of the potentially dangerous or dangerous dog determination. a. If a timely appeal is not filed, the owner of a potentially dangerous or dangerous dog must comply with the applicable requirements set forth in this section and Minnesota statutes sections 347.50 through and including 347.56. If a timely appeal is filed from a determination that a dog is potentially dangerous, the owner must immediately comply with the requirements of subsections C6b and C6c of this section, until such time as the hearing examiner issues an opinion. If a timely appeal is filed from a determination that a dog is dangerous, the owner must immediately comply with the requirements of Minnesota statutes section 347.52, paragraphs (a) and (c), and until such time as the hearing examiner issues an opinion. b. If an owner files a timely appeal, a hearing shall be held within fourteen (14) days after the city's receipt of the appeal. (1) The city public safety commission or a committee thereof shall convene as a hearing panel to hear the appeal. (2) During the hearing the Minnesota rules of evidence need not be strictly followed, and the records of the animal control officer or law enforcement officer shall be considered without further foundation. The hearing, where facilities permit, will be tape recorded. (3) After considering all of the evidence submitted, the hearing panel shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous or dangerous dog. The findings and conclusions shall be made within ten (10) working days after the hearing and shall be thereafter personally served upon the owner or a person of suitable age at the residence of such owner. The decision of the hearing panel shall be the final decision of the city. An appeal of the hearing panel's decision may only be made by writ of certiorari to the Minnesota court of appeals. (Ord. 896, 11 -16- 2011) 5. Dangerous Dog Registration: No person may own a dangerous dog unless the dog is registered with the city. Such registration will be issued to the owner of a dangerous dog after the owner presents sufficient evidence to the city animal control authority that: a. A proper enclosure exists for the dangerous dog and the premises are posted with a clearly visible sign that includes a warning symbol of a dangerous dog on the property. b. The owner has obtained a surety bond or policy of liability insurance in the sum of at least three hundred thousand dollars ($300,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog. c. The owner has paid the annual dangerous dog registration fee in addition to the regular licensing fee described in this chapter. d. The owner has had microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. 6. Potentially Dangerous Dog Regulation: The owner of a potentially dangerous dog must: a. Within fourteen (14) days of receiving a determination that the dog is potentially dangerous, have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. b. When the potentially dangerous dog is outside, the potentially dangerous dog must be muzzled and under the physical control and restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. c. The owner of a potentially dangerous dog must annually renew the registration of the dog until the dog is deceased. If a potentially dangerous dog is transferred from another location into or within the city, it must be registered as a potentially dangerous dog in the city. (Ord. 853, 2 -4 -2009 D. Maintaining Multiple Animals: No more than a total of three (3) dogs and cats may be maintained at one residence without first obtaining a multiple animal license from th "'+�k 2!1ge department In no event shall more than a total of five (5) dogs and cats be maintained at one residence. (Ord. 837, 2 -6 -2008) 1. License Procedure: Application for a multiple animal license must be made to the Gity G op lice department and accompanied by the license fee that the city council shall establish from time to time by ordinance. 2. Approval Of Contiguous Property Owners: The application for a multiple animal license shall be accompanied by a petition showing the approval of the occupants of privately owned real estate abutting the premises on which the multiple animal residence is to be located. 3. Granting Or Denial Of License; Conditions: Whether or not all of the occupants of abutting property approve the application, the city clerk may grant or deny the license. The multiple animal license will not be granted unless the city clerk finds that the use of the applicant's premises with multiple animals will not have any adverse effect upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the neighborhood as defined in section 5 -4 -3 of this chapter and section 4 -1 -1 of this code. A license will only be granted if the keeping of the dogs or cats is incidental to the occupancy of the premises for residential purposes. The city clerk may impose conditions on the granting of a license in order to minimize or mitigate possible adverse impacts. 4. Reduction In Number: Each license will be conditioned upon a requirement that the total number of animals maintained be reduced through attrition to no more than three (3) within a time frame as designated by th Gity rlerk police department Licenses are issued on an annual basis. 5. Maintenance Of Property: Properties holding a multiple animal license shall be maintained in a clean and healthful condition at all times, and shall be open to inspection by the city at all reasonable times. 6. Rejection Of License; Appeal Process: If an application is rejected, the applicant shall be notified in writing of the decision of the "c+�k police department the reason for the denial, and the applicant's right to appeal the denial to the city council. Within seven (7) days of receiving the notice, the applicant must appeal the decision in writing to the eityGler police department The city council will hear the appeal at a regularly scheduled meeting. 7. Revocation: The city council may revoke a multiple animal license for any violation of this chapter or any other law relating to the keeping of animals, after a hearing as provided in this subsection. The city clerk shall give the licensee at least five (5) days' written notice of the meeting at which the revocation will be considered by mailing the notice to the licensee at the address in the application. The city council will give the licensee an opportunity to be heard at the meeting. 8. Multiple Animal License; Fee: The multiple animal license fee shall be in such amount as provided by ordinance of the city council from time to time. Such license shall be renewable January 1 of each year thereafter. The fee for a multiple animal license shall be in addition to the individual animal license fees provided in this chapter, and is nonrefundable. (Ord. 801, 10 -4 -2006) E. Commercial Dog Kennels: No person shall maintain in the city a kennel where dogs are kept for sale without securing a license therefor from the clerk and appropriate zoning approvals from the city council. The license fee shall be in such amount as provided by ordinance of the city council from time to time. This fee shall be in lieu of the license fee prescribed in subsection A of this section for each dog kept in such kennels. Such license shall be renewable January 1 of each year thereafter. (Ord. 783, 2 -15 -2006) F. Basic Care: All animal owners, caretakers, and commercial dog kennel operators shall provide kind treatment, sufficient shelter, and sufficient food and water for the animals' comfort. All structures, enclosures, pens, and yards where animals are permitted or kept must be maintained in a clean and sanitary condition and animal waste must be removed on a regular basis to keep the area free from objectionable and unsanitary feces and odors. (Ord. 837, 2 -6 -2008) 5 -4 -5: DISEASED ANIMALS: A. Running At Large Prohibited: It shall be unlawful and a misdemeanor to permit a diseased animal to run at large within the limits of the city. (1971 Code § 4 -1) B. Removal Of Diseased Animals From City: It shall be unlawful and a misdemeanor to remove a diseased animal from the city without prior consent of the animal control officer, except for treatment by a licensed veterinarian. (Ord. 837, 2 -6 -2008) C. Impoundment Or Destruction: The animal control officer of the city shall take up and impound any diseased animals found running at large in the city. If such officer finds it unfeasible to impound such animal, he /she may forthwith take all reasonable measures to immediately destroy such animal. (1971 Code § 4 -3; amd. 2000 Code) 5 -4 -6: WILD ANIMALS: A. Wild Animals As Pets Prohibited: No person shall keep a wild animal. The animal control officer or any licensed peace officer shall be empowered to immediately impound any wild animal found within the city, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the animal has been tamed or born and /or raised in captivity. B. Running At Large; Impoundment Costs To Owner: In the event city personnel are required to assist in capturing a wild animal that escapes or is allowed to run at large, the city shall charge the owner for all costs incurred and collect unpaid costs by civil means. (Ord. 837, 2 -6 -2008) 5-4 -7: RABIES SUSPECTS: A. Dogs And Cats: Unvaccinated Biting Dogs Or Cats: Any dog or cat not vaccinated in accordance with subsection 55 = 4- 46 of this chapter, which has bitten any person and caused an abrasion or puncture of the skin of such person, shall be seized and impounded under the supervision of a licensed veterinarian or a kennel approved by the animal control authority for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the dog or cat has no clinical signs of rabies, it may be released to the owner, or in the case of a stray, it shall be disposed of in accordance with applicable laws. The owner shall be responsible for impoundment, maintenance costs, and veterinarian fees for such animal. 2. Vaccinated Biting Dogs Or Cats: Any dog or cat vaccinated in accordance with subsection 5 -4 -4 13 of this chapter, which has bitten any person and caused an abrasion or puncture of the skin, shall be confined by the owner or other responsible person as required by the animal control authority for a period of ten (10) days, at which time the dog or cat shall be examined by an agent of the animal control authority. If no signs of rabies are observed by the agent of the authority, the dog or cat may be released from confinement. The owner shall be responsible for impoundment, maintenance costs, and veterinarian fees for such animal. If the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian the owner may confine the animal to a proper enclosure on the owner's property for the required ten (10) day confinement period. B. Other Animals: Any other animal that has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or kennel approved by the animal control authority. If, after a complete examination by a licensed veterinarian, the animal has no clinical signs of rabies it may be released to the owner, or, in the case of a stray, it shall be disposed of in accordance with applicable laws. If the licensed veterinarian deems it necessary, the animal shall be euthanized and examined for rabies by the state department of health. The owner, if known, shall be responsible for impoundment, maintenance, and destruction costs and veterinarian fees for such animal. Unclaimed animals will be disposed of pursuant to subsection 5 -4 -8 D of this chapter. (Ord. 837, 2 -6 -2008) 5 -4 -8: IMPOUNDMENT, SEIZURE, AND REDEMPTION PROCEDURES: A. Authority To Impound: 1. On and after January 1 of each year, the animal control officer will pick up and impound any dog or cat found in the city without the tag provided for in subsection 5 -4 -4 A5 of this chapter. 2. An animal control officer will pick up and impound any domestic animals found running at large in the city. 3. An animal control officer will pick up and impound any domestic animals found to be habitually barking or crying as described in subsection 5 -4 -3 A of this chapter provided there has been at least one other documented incident for the same owner or the same animal during the six (6) months prior. 4. An animal control officer will pick up and impound any animal that is not being provided with basic care as described in subsection 5 -4 -4 F of this chapter. 5. An animal control officer will pick up and impound any animal that attacks another animal as described in subsection 5 -4 -3 D of this chapter. 6. An animal control officer will pick up and impound any animal that is presenting an imminent danger as described in subsection 5 -4 -3 E of this chapter. (Ord. 837, 2 -6 -2008) 7. An animal control officer will pick up and impound any designated potentially dangerous or dangerous dog that has not been properly registered, cared for, possessed, and licensed pursuant to the requirements of this chapter and Minnesota statutes. (Ord. 853, 2 -4 -2009) B. Redemption Of Impounded Animals: Any animal may be redeemed from impound by the owner after payment to the city clerk of the license fee for the current year, if applicable, as well as impounding fees and maintenance costs for each day the animal is confined by the animal control authority and satisfaction of the additional requirements of this section. Impound fees shall be determined by city council resolution from time to time. C. Release Of Impounded Animals: Upon the presentation of a current license tag and receipt for a dog or cat license for the current year as well as the payment of the fees and costs provided in subsection B of this section, the animal control authority shall release or cause to be released to any owner the dog or cat claimed. 1. A dangerous and potentially dangerous dog shall not be released until the dog owner satisfies the requirements of this chapter and Minnesota statutes. 2. Where an animal has been seized due to a lack of basic care or due to disease, the animal shall not be released to the owner until such release is approved by a licensed veterinarian and the animal control authority. D. Disposition Of Unclaimed Animals: Any unclaimed animal will be disposed of within ten (10) five calendar days after impounding in accordance with the contract in place with the designated pound facility. (Ord. 837, 2 -6 -2008) E. Procedure For Seizure Of Animals When Owner Is Not Present: For any of the circumstances described in this section, any police officer or animal control officer may enter upon private property to seize and impound an animal if: 1. The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; and 2. The seizure will not involve the forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized or forced entry; and 3. Written notice of the seizure and impoundment is left in a conspicuous place where the dog is kept, and if possible, the owner is contacted by telephone F. Special Provisions For Seizure And Confinement Of Attacking Animals: Any animal that attacks a person and such attack results in an abrasion or puncture of the victim's skin or where the victim requires the services of a doctor, the attacking animal shall be confined pursuant to the following procedure and Minnesota statutes: 1. Confinement In City Pound: Any animal that has not been inoculated by a live modified rabies vaccine shall be confined in the city pound for a period of not less than ten (10) days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms .of rabies and upon the payment of all maintenance costs by the owner; or 2. Alternative Hospital Confinement: The owner of the animal may elect to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital within Washington County, and provide immediate proof of such confinement; or 3. Home Confinement: If the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the animal to the owner's property within a proper enclosure. (Ord. 853, 2 -4 -2009) 5 -4 -9: DESTRUCTION OF CERTAIN ANIMALS: After the animal control authority has provided the owner with notice, an animal control officer, police chief, hearing examiner, or city council is authorized to order the proper and humane destruction of any animal upon a finding that: A. The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; or B. The dog has been designated as dangerous, the owner's right to a hearing and an appeal has been exhausted or expired, and the owner has failed to comply with the provisions of this section or Minnesota statutes; or the owner has voluntarily waived his right to judicial review and requests that the dog be destroyed; or C. The dog inflicted substantial or great bodily harm on a human being without provocation and the owner of the dog has had the opportunity for a hearing before an impartial decision maker; or D. The owner of the animal has habitually demonstrated an inability or unwillingness to control the animal and that lack of control results in injury to persons or other animals; or E. The animal is so severely injured or sick that it is suffering and it will not likely survive and the owner cannot be immediately located; or F. It is determined that the animal is infected with rabies; or G. The animal presents an imminent danger to the health and safety of any person or the animal is in the process of attacking any person; or H. The dog acted under any of the circumstances set forth in Minnesota statutes section 347.56. (Ord. 853, 2 -4 -2009) 5 -4 -10: INTERFERENCE WITH OFFICERS: No person shall in any manner hinder or interfere with any person authorized by the city council to discharge his or her duties under this section. (Ord. 837, 2 -6 -2008) 5 -4 -11: CONCEALING ANIMALS: No person may harbor, hide, conceal or refuse to produce to an animal control officer or police officer an animal that has been ordered into custody. (Ord. 837, 2 -6 -2008) 5 -4 -12: PUBLIC NOTIFICATION: For the purposes of public notification and public safety, the city may post a list of potentially dangerous dogs and dangerous dogs on the official city internet site. (Ord. 837, 2 -6 -2008) 5 -4 -13: KEEPING OF FOWL OR POULTRY: Any person keeping fowl or poultry in any zoning district on land with three (3) to less than five (5) acres of land within the city of Cottage Grove shall comply with the following: A. License Required: Any person who keeps fowl or poultry in the city of Cottage Grove must obtain an annual license prior to acquiring the fowl or poultry. The annual license is valid on the date the fowl or poultry arrive on the site and ending on December 31. Subsequent licenses are valid from January 1 to December 31. Applications for licenses must be made to the city clerk's office. 1. Annual License Fee: Fees charged for the issuance of an annual license for keeping fowl or poultry will be set by the city council in the annual fees resolution. An inspection of the coop and outdoor run will be performed annually. 2. Denial; Revocation: The city may refuse to grant or may revoke an annual license if the fowl or poultry become a nuisance, as evidenced by a second substantiated violation (within 12 months of the first substantiated violation). 3. Cruelty To Animals: The city may refuse to grant an annual license to, or may revoke a license from, a person convicted of cruelty to animals. 4. Nontransferable: An annual license is nontransferable and does not run with the land. 5. License Limited: An annual license constitutes a limited license granted to the landowner by the city and in no way creates a vested zoning right. 6. Publications To Be Read: Prior to issuance of a license, the prospective annual license holder must acknowledge they have read the Chicken Run Rescue publication entitled "Recommendations For Municipal Regulations Of Urban Chickens (2010)" or similar publications approved by the city. 7. Maintaining Adequate Temperature: Prior to issuance of an annual license, the prospective annual license holder must provide a plan for maintaining an adequate temperature in the coop for safety of the fowl or poultry. The plan must address both extreme winter and summer temperature conditions. 8. Exceptions: This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus, show, parade, or special event; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, public or private schools, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. B. License Application: Any person desiring a license required under the provision of this section shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city clerk. Among other things, the application shall contain the following information: 1. A description of the real property upon which it is desired to keep fowl or poultry. 2. The breed and number of fowl or poultry to be maintained on the premises. 3. A site plan of the property showing the location and size of the proposed coop and run, setbacks from the coop and run to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the fowl or poultry in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. 4. Statements that the applicant will at all times keep the fowl or poultry in accordance with all the conditions prescribed by city ordinance and /or the city clerk, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this section and grounds for cancellation of the license and removal of the fowl or poultry from the property. 5. Such other and further information as may be required by the city clerk. 6. A building permit is required for the coop. If electricity is proposed for the coop, an electrical permit is also required. C. License Conditions: 1. If granted, the license shall be issued by the city clerk and shall state the conditions, if any, imposed upon the licensee for the keeping of fowl or poultry under this license. The license shall specify the restrictions, limitations, conditions, and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such license may be modified from time to time or revoked by the city for failure to conform to such restrictions, limitations, or prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons licensed to keep such fowl or poultry. 2. The city shall grant a license for fowl or poultry after the applicant has sought the written consent of one hundred percent (100 %) of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the license is being requested. Where an adjacent property consists of a multiple dwelling or multi- tenant property, the applicant must obtain the written consent of the owner or manager, or other person in charge of the building and tenants within the building. Such written consent shall be required on the initial application and as often thereafter as the city deems necessary. 3. Each person holding a license to keep fowl or poultry on property with three (3) to less than five (5) acres of land within the city of Cottage Grove shall comply with the following: a. Only one annual license for keeping fowl or poultry will be granted per parcel. b. The principal use of the specified property must only be single - family residential. An annual license will not be issued for any property which is used principally for something other than single - family. c. No person may keep more than a cumulative total of four (4) fowls or poultries. d. Keeping a rooster is prohibited. e. No fowl or poultry shall be allowed to roam freely without being within a completely enclosed pen. f. Keeping live fowl or poultry inside a house or attached garage is prohibited. g. Butchering a fowl or poultry must not be in public view. 4. Fowl or poultry must be provided a secure and well ventilated roofed structure ( "coop "). a. Location: The coop may only be located in a rear yard. b. Separation From Dwellings: The coop must maintain a minimum one hundred foot (100') separation from all dwellings on adjacent properties and a minimum fifty foot (50') separation from any property line that adjoins public right of way or land. c. Roof: The roof structure must be fully enclosed, waterproof and windproof. d. Sanitation: The floors and walls of the coop shall be kept in a clean, sanitary and healthy condition with all droppings collected on a daily basis and placed in a fireproof covered container until transported off the premises to a proper disposal site. Droppings applied as fertilizer or mixed in with compost is prohibited. e. Unattended Fowl Or Poultry: Fowl or poultry must be kept in the coop, run or a detached mobile pen whenever they are unattended by the keeper. f. Floor Height: The coop's floor must be a minimum of twenty four inches (24 ") above the ground. g. Floor Area: The floor area of the roofed coop must be equal to at least four (4) square feet of area per fowl or poultry and not greater than fifty (50) square feet. h. Windows: The coop must have a minimum of one square foot window per ten (10) square feet floor space. Windows must be able to open for ventilation. i. Climate Control: Adequate ventilation and /or insulation to maintain the coop temperature between thirty two (32) and eighty five degrees Fahrenheit (85 0 F). j. Construction: Coops and pen enclosures must be constructed and maintained in a workmanlike manner. Exterior finishes must be constructed of quality weather resistant materials consisting of wood, metal, or engineered composite materials that are similar to the color palette of the principal structure. The coop and outdoor run must be maintained in a condition of reasonable repair and must not remain in a condition of disrepair or constitute a nuisance. Fiberglass or steel corrugated materials, metal hoops or PVC materials, cotton, nylon or plastic fabrics are prohibited. The coop roof shall be covered with fiberglass shingle roof materials. k. Number Allowed: Only one coop and outdoor run per parcel. 5. All grain and food stored for the use of the fowl or poultry must be kept in a rodent proof manner. 6. An outdoor run or exercise yard is required and must be constructed and maintained to meet the following standards: a. Location: The outdoor run may only be located in a rear yard and must maintain a minimum one hundred foot (100) separation from all dwellings on adjacent properties and a minimum fifty foot (50') separation from any property line that adjoins public right of way or land. b. Size: A minimum of ten (10) square feet per fowl or poultry and not greater than one hundred (100) square feet of gross area. c. Height: Six feet (6) in height to allow access for cleaning and maintenance. d. Gate: One gate to allow human access to the run. e. Attached Pen; Construction: The coop's attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting to keep the fowl or poultry separated from other animals. f. Attached Pen; Drainage: The coop's attached pen must be well drained so there is no accumulation of moisture or become an erosion issue. g. Mulch Materials: If the ground surface within the outdoor run area becomes barren soil and without grass covering the area, then mulch materials must be placed on the exposed ground surface. 7. Fowl and /or poultry shall not be kept in such a manner as to constitute a nuisance to occupants of adjacent property. 8. Eggs, chicks, adult fowl or poultry shall not be sold. 9. No person shall keep, maintain or harbor within the city of Cottage Grove any animal or species that is prohibited by federal or Minnesota law. (Ord. 915, 7 -17 -2013) City of Cottage Grove Public Safety To: Public Safety, Health and Welfare Commission From: Deputy Director of Public Safety Pete Koerner Date: January 10, 2008 Subject: ANIMAL CONTROL ORDINANCE Memo At the September 5th, 2007 regular City Council meeting's Open Forum session area residents of the 9600 block of Hallmark Avenue, requested further restrictive changes be made to Cottage Grove dog ordinances in light of an August 11, 2007 Pit Bull attack on a 2 year old child. On September 12, 2007, Chief Woolery also responded to the City Council in regards to open form comments. Chief Woolery did request public comment and review by the Public Safety Health and Welfare Commission. During the Public Safety, Health and Welfare Commission's October meeting, there was discussion with the public in regards to how our ordinance addresses dangerous and potentially dangerous dogs. The Public Safety Department did listen to comments provided by the citizens and Public Safety, Health and Welfare Commission members. Public Safety Staff also reviewed numerous metro ordinances. After reviewing public comment, Commission comments, and public safety staff comments, there were areas that were identified that needed to be revised. Rather than just looking at the dangerous dog section, the Public Safety Department used this opportunity to review and update the entire animal ordinance. The following areas were addressed: • Potentially Dangerous Dogs • Added definitions • Definitions of attacks and imminent dangers • Seizures • Impoundment periods and dispositions • Concealments of animals • Multiple offenses — seizure and destruction A draft of the revisions has been sent to the City Attorney who has reviewed and commented on the ordinance. 08 -003 This has been a public process with citizens having the opportunity to be involved. would recommend that the Public Safety, Health and Welfare Commission approve the revisions to the animal ordinance and forward to the City Council for approval. Attached is the memo from Assistant City Attorney Melissa Manderschied for review and the revised Ordinance for your recommendation to City Council for adoption. /pjk Attch.