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HomeMy WebLinkAbout5A Text Amendment to Prior Lake City Code Section 801 PC Report - Complete 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JANUARY 14, 2019 AGENDA #: 5A PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: AMANDA SCHWABE AGENDA ITEM: CONSIDER TEXT AMENDMENTS TO SECTION 801, ANIMALS AND FOWL, RELATED TO THE KEEPING OF BACKYARD CHICKENS AND HONEY BEES IN THE AGRICULTURAL, RURAL SUBDIVISION AND R-1, LOW DENSITY RESIDENTIAL USE DISTRICTS. DISCUSSION: Introduction The purpose of this item is to consider amendments to Section 801, Animals and Fowl, of the City of Prior Lake Zoning Ordinance including, but not limited to def- initions and language permitting the keeping of backyard chickens and honey bees in the A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Resi- dential Use Zoning District. History The City of Prior Lake Zoning Ordinance provides for the classification and regu- lation of uses and structures within the City. The Ordinance is divided into various subsections, many of which interrelate with other subsections of the Ordinance. Over time, changes to language in the City Code is necessary for clarification purposes. Current Circumstances At the October 15, 2018 City Council meeting, Staff was directed to prepare a draft ordinance for consideration by the Planning Commission, following a public hearing, which would allow the keeping of backyard chickens, ducks and honey bees. Staff researched area communities who currently permit backyard chick- ens and/or honey bees. Upon further research it was determined that the keeping of ducks in urban communities was not common due to concerns related to noise and odor. As a result, Staff is not proposing allowances for the keeping of ducks with this amendment. A Public Hearing was held and closed at the November 26, 2018 Planning Com- mission meeting. A work session was held on December 10, 2018 with Planning Commissioners, guest experts from the University of Minnesota and the University of Minnesota Extension Office, City Attorney and Staff. Topics related to public need, licens- ing/registration, as well as health and safety were discussed. 2 Revisions were made to the originally proposed ordinance amendments as a re- sult of work session discussion; including, but not limited to: Chickens • Added definition for “Brooding” and revised language allowing the keeping of chickens in a dwelling only when brooding. • Revised coop size calculation to maximum size in lieu of sq. ft. per chicken. Reduced the maximum coop size from forty (40) sq. ft. to twenty- five (25) sq. ft. • Revised run or exercise yard language to maximum size of forty (40) sq. ft. in lieu of specifying twenty (20) sq. ft. per chicken. • Removed language prohibiting heat lamps. Use of heat lamps would be at the discretion of the chicken keeper/property owner. During the December 10th work session, Planning Commissioners also discussed whether it would be appropriate to require some type of licensing or registration for properties which have chickens or bees. Staff did not feel there was a con- sensus among commissioners on this topic and staff does not feel there is ade- quate staffing available to maintain and enforce a licensing/registration program. For these reasons, a licensing or registration requirement was not incorporated into the proposed ordinance amendment. During their November 26, 2018 meeting, Planning Commissioners discussed whether there was a public need associated with the proposed ordinance amend- ment. The Planning Commission / Board of Adjustment is familiar with the zoning ordinance requirements for an ordinance text amendment, which shall be sup- ported by findings related to: 1) public need; 2) accomplishing purposes of the Ordinance, Comprehensive Plan or other adopted plans or policies of the City; or 3) consistency with State and/or federal requirements. However, the proposed amendments being considered are for Section 801 and not part of the Zoning Ordinance. As a result, the findings listed above are not requirements for amend- ments to this Section. Conclusion The City Council requested Staff research chickens and bees and the Planning Commission hold a public hearing to solicit feedback on the topic in response to a request from a constituent during the public forum of a City Council meeting in October 2018. During prior deliberations and work session discussion, there did not appear to be a consensus among the commission related to a recommendation of approval or denial. At this time, it is the opinion of Staff that significant research has been completed, public feedback has been received and expert opinions have been obtained so a recommendation of approval or denial can be made to the City Council. The full amendment is attached for your review. ISSUES: Comments related to this request have been received by staff and forwarded to the Planning Commissioners. The public hearing related to this ordinance amendment was held on November 26, 2018. The public has been closed. 3 ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Sections 801 of the City Code, as proposed or as may be further amended by the Planning Commission. 2. Motion and a second to recommend the City Council deny the proposed amendments to Section 801 of the City Code. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Proposed Amendments to Section 801. SECTION 801 ANIMALS AND FOWL SUBSECTIONS: 801.100: KEEPING ANIMALS WITHIN CITY RESTRICTED 801.200: ANIMALS ON PUBLIC LANDS 801.100: KEEPING ANIMALS WITHIN CITY RESTRICTED: 801.101 Definitions: For the purposes of this Section the following terms, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include their singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not directory. Acre: An undivided parcel of land with an area of forty three thousand five hundred sixty (43,560) square feet. Animal: Bees, Ccattle, horses, ponies, mules, sheep, goats, swine, ducks, geese, turkeys, chickens and other domesticated birds, reptiles and animals. The term "animal" does include dogs or domesticated cats (which are regulated in Section 802) or other small animals which are regarded as traditional household pets, as defined herein. Animal Unit Density: The number of animals permitted pursuant to the schedule set forth in this Section as said schedule is applied to a particular parcel of real property. Apiary: The assembly of one (1) or more colonies of bees on a single lot. Apiary Site: The lot upon which an apiary is located. Bee: All life stages of the common domestic honey bees of the apis mellifera species. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. Beekeeper: A person who: (i) owns or has charge of one (1) or more colonies of bees; and/or (ii) who owns or resides on a lot on which a colony is located. Beekeeping Equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Brooding: The period of growth when supplemental heat is provided due to the chickens’ inability to generate adequate body heat due to age. Chicken: A female fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Colony: An aggregate of bees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. Contiguous Acreage: Owned or rented undivided parcels of land which abut each other at some point. Police Regulations City of Prior Lake 801/p2 Coop: An enclosed and covered accessory structure in which chickens are housed. Dangerous Animals: Any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Guard dogs are specifically excluded for this definition. Exercise Yard: A large fenced in area that provides space for exercise and foraging. Flyway Barrier: A barrier that raises the flight path of bees as they come and go from a hive. Hive: The receptacle inhabited by a colony. Homestead: A contiguous one-half (½) acre parcel immediately surrounding a residential dwelling. Lot. A piece of land established by plat, subdivision or otherwise permitted by law occupied or used or intended for occupancy or use as permitted by the Zoning Code, abutting on a public street, and of sufficient size to provide the yards required by the Zoning Code. Keeping and Maintaining: The feeding of or sheltering of animals. Nonconforming Use: Any use or arrangement of land or structure legally existing at the time of enactment of this Section or any of its amendments which does not conform to the provisions of this Section. Owner: Any person as defined in this Section owning, harboring, keeping or having custody of any animal as defined herein. Person: Any person, firm, corporation, or other legal entity. Rooster: A male fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Run: An enclosed and covered area attached to a coop in which chickens are allowed to roam freely. Running At Large: Permitting any animal to go on or about any streets, alleys, public parks, school grounds or other public places or any private property except the property of the owner. Any animal, as defined in this Section, is not at large when within an adequate and adequately maintained fenced-in enclosure. Slaughtering: The killing of an animal within the City. Police Regulations City of Prior Lake 801/p3 Swarming: The process where a queen bee leaves a colony with a large group of worker bees. Traditional Household Pet: Any animal that by tradition is customarily kept and/or maintained as a pet in the owner's house. Unusual Aggressive Behavior: Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. 801.102 Keeping Animals Within City Restricted: (1) R-1, Low Density Residential Use DistrictUrban Service Area: No person shall keep or maintain any animal other than traditional household pets, chickens pursuant to subsection 801.105 or bees pursuant to subsection 801.106. The urban service area is delineated on the map in City Hall, and may be redelineated from time to time by the City Council. a. No person shall keep or maintain more than four (4) chickens per lot. The keeping of up to four (4) chickens per lot in the R-1 district shall not constitute a kennel. b. No person shall keep more than two (2) colonies of bees per lot. (2) A, Agricultural and R-S, Rural Subdivision Residential Use DistrictRural Service Area: The number of animals kept and maintained in the Agricultural and Rural Subdivision Residential Use Districtrural service area shall be regulated according to the following schedule and formula. The rural service area is delineated on a map in City Hall and may be redelineated from time to time by the City Council. Animal Animal Unit Values Bees No Restriction Horse/Mule Families 1 head = 1 unit Cattle Family 1 head = 1 unit Hog Family 1 head = 1 unit Sheep/Goat Families 1 head = .5 unit Poultry/Fowl/Bird Families (of a size larger than an ordinary pigeon) 25 head = 1 unit Poultry/Fowl/Bird Families (of a size of the ordinary pigeon or smaller) 25 head = .5 unit Small Animals (hamster-like, guinea pig-like, rabbit-like, etc.) 25 head = 1 unit The maximum allowable animal density for a specific contiguous acreage of land shall be determined by the following formula: Maximum Animal Density = Number of Contiguous Acres X 1.0. When added together the sum of the individual animal unit values on a contiguous acreage, as determined by the preceding schedule, shall not exceed the maximum animal Police Regulations City of Prior Lake 801/p4 density as determined by the preceding formula. In applying said formula, the maximum animal density shall be rounded off to the next highest whole number. Provided, however, the one-half (½) acre homestead, as defined herein, shall be subtracted from the total "contiguous acreage of land" as defined above in determining the maximum allowable animal density. Provided, further, however, in no event shall the minimum number of contiguous acres exclusive of the one-half (½) acre homestead be less than two (2) acres as determined by the preceding formula in arriving at the maximum animal density. (3) Exceptions: Contiguous acreage of nonconformity with 801.102(1) or (2) on the date of its enactment are hereby made exempt. However, the animal density (as defined in 801.102(2)) of such nonconforming contiguous acreage existing on the date of the enactment of this provision, whether in rural or urban service area, may not be increased at any time after the enactment of this provision. Provided, further, that the following provisions shall apply to all nonconforming uses, except as permitted by the Board of Adjustment and in accordance with the provisions of the Zoning Ordinance: a. A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of the Zoning Code. b. A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. c. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of the fair market value of the damaged structure as indicated by the records of the County Assessor, if replaced shall conform to the requirements of the ordinance. d. In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed. e. Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. 801.103 Stables and Barns: No stable or barn in which animals are kept or maintained may be located within fifty feet (50') of a place of human habitation or property line. Any stable or barn in which animals are kept or maintained shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors or breeding of flies. At least once per month from October 1st to May 1st and once every two (2) weeks from May 1st to October 1st of each year, manure shall be disposed of so as not to create a nuisance from odors or breeding of flies. If manure is used as fertilizer, it shall be turned under immediately if possible, or as soon as the frost leaves the ground. Police Regulations City of Prior Lake 801/p5 801.104 Horses: The term "horse" as used in this provision shall mean any breed of horse, pony, mule, ass or similar animal. It shall be unlawful for any person to ride or drive a horse in any pubic park, beach, golf course or other pubic property, except within the right of way of public streets and highways, and in area duly designated as allowing the riding or driving of horses. It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflective clothing. Every person riding a horse or driving a horsedrawn vehicle upon a public street shall be subject to those provisions of the City Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. 801.105 Chickens: Chickens shall be allowed only on lots in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of chickens shall be permitted with conditions identified in Subsections (1) through (4) below. (1) No roosters shall be permitted. The raising of chickens for breeding purposes is prohibited. (1) (2) Chickens shall always be confined in a coop, run or exercise yard. Chickens shall not be kept inside of a dwelling except for brooding. (3) Chickens shall be properly protected from the weather and predators in a coop and have access to the outdoors in a run or exercise yard. The coop, run and exercise yard shall meet the following requirements: a. One (1) coop, run and exercise yard allowed per lot with a principal residence occupied by the owner of the chickens. b. Each coop, run and exercise yard shall be located in the rear yard of the lot. c. Each coop, run and exercise yard shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. Each coop, run or exercise yard must be screened from view with a solid fence or landscaped buffer with a minimum height of five (5) feet. No part of a coop, run or exercise yard shall be located within fifteen (15) feet of any lake, pond, river, creek, stream or wetland. d. A coop can be no larger than twenty five (25) square feet and cannot exceed six (6) feet in height. A coop shall be elevated a minimum of twelve (12) inches and maximum of twenty four (24) inches to ensure circulation beneath the coop. The coop shall contain a solid roof and construction shall be done in a workmanlike manner utilizing durable materials that offer adequate insulation, ventilation and protection from all natural weather elements, predators, rodents and other pests. e. No run or exercise yard can exceed forty (40) square feet and cannot exceed six (6) feet in height. A run or exercise yard may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. Each run and exercise yard must have a protective overhead netting to keep the chickens separated from Police Regulations City of Prior Lake 801/p6 other animals. f. Coops, runs and exercise yards shall be maintained in a reasonably clean and sanitary condition, including the timely removal of feces, urine, and food scraps. Chicken owners shall not allow odors associated with the chickens to emit outside the boundary of the lot. g. Each coop, run and exercise yard must comply with all applicable building and zoning codes and regulations. h. Chickens shall not be slaughtered on the lot or elsewhere within the City other than a commercial establishment that employs a butcher. i. Deceased chickens shall be removed as soon as possible but no later than forty eight (48) hours after death and shall be disposed of in a manner consistent with City Code Section 605. (4) Chickens shall be kept in a humane manner that complies with Minnesota Statutes Chapter 343 and owners shall prevent nuisance conditions by ensuring the following conditions are met: a. Chicken grains and feed must be stored in rodent proof containers. b. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason or noise, odor or filth. c. Chickens shall not be allowed to run at large. Any chicken running at large may be impounded by the City and, after being impounded for three (3) days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming an impounded chicken must pay the costs of impounding and keeping the same. 801.106 Bees: Bees shall be allowed only in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of bees shall be permitted with conditions identified in Subsections (1) through (6) below. (1) Colony location shall be as follows: a. Each hive shall be located in the rear yard of the lot. Hives shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. b. If any part of a hive is kept within twenty five (25) feet of a lot line of the apiary site, the beekeeper shall establish and maintain along said lot line screening consisting of a flyway barrier of six (6) feet in height or greater meeting the following criteria: i. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. Police Regulations City of Prior Lake 801/p7 ii. If a wall or fence flyway barrier is used, the materials must be decay resistant, and maintained in good condition. iii. If a flyway barrier of dense vegetation is used, the initial planting may be four (4) feet in height, so long as the vegetation reaches a height of six (6) feet or higher within two (2) years of installation. iv. The flyway barrier must continue parallel to the lot line of the apiary site for ten (10) feet in both directions from the hive, or contain the hive or hives in an enclosure. c. Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site. Every effort should be made to ensure that the water source is free of chemicals typically found in tap water. (2) Bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. Beekeeping equipment shall be maintained in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarming bees. (3) Hives shall be continuously managed to provide adequate living space for their resident bees to prevent swarming. (4) Materials from a hive or colony which might encourage the presence of bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. (5) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If re-queening the colony is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (6) Fruit tree and other flowering trees which are located on an apiary site shall not be sprayed, while in full bloom, with any substance which is injurious to bees. 801.107 Permit Required for Dangerous Animals: (1) Showing Required for Permit: It is unlawful for any person to keep or maintain any dangerous animal without a special permit therefore from the City. No such permit shall be issued for a period exceeding one year and such permit shall specify the conditions under which such animal shall be kept. The Chief of Police or his designated agent shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: a. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute a danger to human life or property of others. Police Regulations City of Prior Lake 801/p8 b. Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. c. The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. d. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. e. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. f. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. g. The applicant for such special permit proves his ability to respond in damages up to and including the among of the one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result from the ownership, keeping or maintenance of such animal. Proof of ability to respond in damages may be given by filing with the Chief of Police or his designated agent a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability and able to respond to such damages, or by posting with the City a surety bond, approved by the City Attorney, in the amount of one hundred thousand dollars ($100,000.00). Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten (10) days' written notice is first given to the City. (2) Investigation Permitted: The Chief of Police or his designated agent may investigate any applicant for a special permit under this provision or any enforcement of this provision, and are authorized to consult and seek the advice of the Society for the Prevention of Cruelty to Animals, the Humane Society, any representative of the Animal Control Center of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping and maintaining of dangerous animals. (3) Permit Fee: Upon compliance with all subparts of this provision, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two (2) dangerous animals at any single location. (4) Exceptions: This provision shall not apply to the keeping and maintaining of dangerous animals in the following cases: a. The keeping or maintaining of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statutes, section 97.611. b. The keeping or maintaining of such dangerous animals in a licensed veterinary Police Regulations City of Prior Lake 801/p9 hospital for treatment. c. Dangerous or poisonous reptiles may be kept or maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Chief of Police or his designated agent. 801.108 Running at Large, Impoundment: No owner or person shall permit an animal or dangerous animal to run at large or uncontrolled anywhere within the City at any time. When necessary, the Chief of Police or his designated agent shall impound an animal or dangerous animal running at large. A police officer shall be present for any initial impoundment and is authorized to harm such animal or dangerous animal only if necessary for their or the public's or the police officer's safety. (1) Impoundment fees shall be fifteen dollars ($15.00) per day minimum, but not to exceed twenty five dollars ($25.00) per day. This rate shall be reviewed periodically by the City Council and may be increased when deemed necessary. The owner of an animal or dangerous animal shall be responsible for the impoundment fee. (2) The owner of an animal or dangerous animal so impounded shall be responsible for any veterinarian bills incurred during impoundment. (3) Any animal or dangerous animal deceased during impoundment will be disposed of according to law. Disposal expenses shall be paid by the owner of the deceased animal or dangerous animal. (4) If after seven (7) days of impoundment the animal or dangerous animal has not been claimed, the animal or dangerous animal will be appraised for sale, and after proper public notification, the animal or dangerous animal will be sold at public auction. Monies received from the sale at public auction shall be retained by the City to cover impoundment costs, costs of sale and to assist in their continuing program within the City. (5) Claiming of Impounded Animals or Dangerous Animals: a. Any party claiming an impounded animal or dangerous animal must show proof of ownership satisfactory to the City or its designated agent. b. All fees due will be paid in cash before release of animal or dangerous animal. c. The claiming party must present a valid driver's license or other acceptable form of identification and must sign for the animal or dangerous animal before it will be released. 801.109 Statutes Adopted by Reference: Minnesota Statutes, sections 343.21 to 343.28 relating to the cruelty of animals are adopted by reference and incorporated herein and made a part of this Section as though fully set forth. 801.110 Variances: The Board of Adjustment as specified in the City of Prior Lake Zoning Ordinance shall have the power to vary from the requirements of this Section, and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of the ordinance. Any person requesting a variance from the terms of this Police Regulations City of Prior Lake 801/p10 subsection shall submit the following exhibits to the Board of Adjustment, unless waived by the Zoning Officer. (1) The names and addresses of all property owners within three hundred feet (300') of the property lines shall be provided so that the Zoning Officer may provide notification for the variance request. (2) Submission of such documents including site plans, improvement layouts and specifications and other documents to completely set forth the variance requested including outlines for the operation and use of the property if the variance is granted. Said documents shall include addressing health, safety and humane requirements of the animals as well as the affect of the proposal upon residents of the City. 801.111 Procedure: Procedure for obtaining a variance from the regulations of this subsection are as follows: (1) The property owner or agent shall file with the Zoning Officer an application form together with the required exhibits plus a filing fee in an amount established annually by the City Council. (2) The Zoning Officer shall transmit the application directly to the Board of Adjustment for consideration at its next regularly scheduled meeting. (3) The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, recommend approval, denial or conditional approval. 801.112 Standards: The Board of Adjustment may vary the regulations of this Section if all of the following requirements are met: (1) The variance, including any conditions placed thereon, observes the spirit and intent of this Section to promote the public health, safety and welfare of the citizens of the City as well as insuring the humane treatment of the animals. (2) Persuasive proof that the variance is compatible with the surrounding uses and property. 801.113 Appeals: An appeal from a ruling of the Board of Adjustment may be taken by the property owner or agent within thirty (30) days after the adverse order utilizing the procedure as follows: (1) The property owner or agent shall file a notice of appeal with the Zoning Officer stating the specific grounds upon which the appeal is made. (2) The Zoning Officer shall transmit the appeal the City Counsel which shall be scheduled within thirty (30) days after the notice of the appeal has been filed. (3) The City Council shall schedule a hearing on the appeal and render its decision by resolution. A copy of the resolution shall be mailed to the applicant by the Zoning Officer. 801.114 Enforcement and Enforcement Penalties: Police Regulations City of Prior Lake 801/p11 (1) In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Chapter in lieu of arrest or continued detention. (2) In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. (3) Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, by punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. 801.200: ANIMALS ON PUBLIC LANDS: 801.201 Definition: For purpose of this Section, a domestic animal shall be a dog, cat or horse. 801.202 Prohibited Areas: No person shall be permitted to take any animal, domestic or otherwise, into any park where the area is clearly marked by a sign bearing the words "DOMESTIC ANIMALS NOT PERMITTED IN THIS AREA." In no case shall any person allow or bring any animal upon any bathing area or upon any skating rink or into any park building. (1) The area identified in Jeffers Pond Park Exhibit 2, dated August 24, 2010, shall be a prohibited area for domestic animals, skateboards, skates, rollerblades, bicycles and motorized vehicles (except authorized vehicles) and signage shall be prominently erected and maintained to confirm this status to users and visitors. (Ord Amd 110-04, publ 9/19/10) Police Regulations City of Prior Lake 801/p12 801.203 Domestic Animals Under Control: Domestic animals shall be permitted on public lands, except as specified in the previous subsections, when they are under control of the owner or attendant and such custodian shall have the responsibility of cleaning up any feces of the animal and shall dispose of such in a sanitary manner. 801.204 Enforcement and Enforcement Penalties: In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense.