HomeMy WebLinkAbout84-014wa
i
CITY OF PRIOR LAKE
ORDINANCE NO. 84 -14
" ANIMAL ORD INANCE TO REPLACE 10 -1 -1 OF THE PRIOR LAKE CITY CODE,
The Council of the City of Prior Lake does hereby ordains:
Section 10-1-1 shall be amended in its entirety!to read as
follows:
10 -1 -1; KEEPING ANIMALS WITHIN CITY RESTRICTED:
(A) Definitions: For the purposes of this Section the follow-
ing terms, - words and their derivations shall have the
meaning given herein. When not inconsistent with "the con-
text, 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.
Vthe word "shall” is always mandatory and not directory.
a
1. Person: The term "person" shall mean any person,
firm, corporation,;or other legal entity.
2 ,Owner: The term "owner'° shall mean any person as
defined in this Section owning, harboring, keeping or
having 'custo y of any 6ijimal as defined herein.
3, Animal: The term i \animal" shall mean cattle, horses,
ponies, mules, shee goal ..swine, ducks, geese, - turkeys,
chickens and other'dor::esticated birds, reptiles and ani-
.gals. The term "animal" does not include dogs or domesti-
.ated cats (which are regulated in Chapter 2 of this Title)
or otter smell animals which aretregarded as traditional
' household pets, as defined herein.
4. Dangerous Animal: The term "dangerous animal shall
mean any wild mammal, reptile or fowl which is not natu-
rally'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
M ann er o in secure quarter:;. T h e 'term " dangerous animal"
also means and includes any domestic mammal, reptile or
fowl which because of its size or vicious propensity or
$
oer�character�istic,would constitute a danger to human
,
-
1 ie or property if it is not kept or maintained in a
safe manner or in secure quarters. Guard dggs speci-
ficallr e�tcluded: from this definition.
f
i.
y t
5. Traditional Household Pets: The term "traditional
household pets" means any animal that by- tradition,is
customarily kept and /or maintained as a pet,in the owner's
house.
6. Acre: The term "acre" means an undivided ;parcel of
land with an area of 43,560 square feet.
7. Contiguous Acreage: The term "cont 'guous- acreage'
means owned or rented undivided p,3rcels of land which
abut each other at some point.
8. Animal Unit Density." The term "animal unit density"
means the number of animals peamitted pursuant to tk)e
schedule set forth in this Section as said schedule is
applied to a particular parcel- of real property.
9. Keeping and Maintaining: The -term "keeping and main-
taining" shall mean the feeding of or sheltering of an!
mats.
10. Running At Large: The to , m "ruru at large" shall
mean permitting any animal to go on or about any property,
streets, alleys, public parks, school grounds or other
public places or any private premises except the premises
of the owner. An animal, as defined in this Sectior,
not at large when-within az adequate and adequately main - "
tained fenced -in enclosure','
11. Homestead: The term "homestead" shall mean a contig-
uous one -half acre parcel immediately surrounding a resi- ,o
y dential dwelling.
12. Non- conforming use: The term "non- conforming use"
shall mean any use orr, of land or structure
" legally existing at the time of enactment of this ordi-
nance or any of its amendments which does not conform to
c
the provisions�lo,f, ordinance
(B) , KEEPING ANIMALS WITHIN CITY RESTRICTED:
1. Urban Service Area: No person shall :peep or maintain
any animal other than traditional household pets within
the urban service „area. The urban service area is delin-
e,ated`on a map in City Hall, and may be redelineated from
time to time by'`"the City Council.
2 Rural Service Area :, The keeping and maintaining of
animals in the rural service area shall be regulated
according to the ,following schedule and formula. The rural
service area is dellneated on a map in City Hall, and
may be redelineat� 'from time to:,t,ime by the City Council.
1 .
05
}
I
Schedule_
ff;
Animal Animal ,Unit Values
f
Horse /Mule Families 1 Head = 1 unit
^>
u
Cattle Family 1 Head = I unit
X�
Hog Family 1 Head = 1 unit
Sheep /Goat Families 1 Head =.5 unit
I
Poultry /Fowl /Bird Families
- (of a size larger than the
i
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 con -
0
tiguous acreage of land shall be determined by the follow-
'in formula:
g
MAXIMUM ANIMAL DENSITY = NUMBER OF CONTIGUOUS ACRES X 1.0.
r
When added together the sum of the individual animal unit
f
values on A contiguous acreage, as determined by the pre -
ceding- schedule, shall not exceed the maximum animal den
sity as determined by the preceding In applying
said formula, the maximum animal density shall be rounded
off to the next highest whole number.
PROVIDED, HOWEVER, the one -half acre homestead, as defined
herein, shall be subtracted from the total "contiguous
g
rs
II
acreage of land" as defined above in determining the maxi-'
mum,.allowable animal density.
PROVIDED,,FURTHER, HOWEVER, in no event shall the minimum.:
('
i
number" of contiguous acres exclusive of the one -half acre
homestead be less than two acres as determined by the
preceding formula in arriving at the maximum animal
' Edens ity .
r
f 3. Exceptions: Contiguous in non- conformity with
r acreage
subparts or 2 of this provision on the date of its enact-
s
,l
merit. are hereby made exempt. However, the animal density.,`
(as defined in subp 2 of this
p provision) o£;' such ,non-
"
a
v »
!
•
•,I. ,. .. !..'• a �/J r', r
III
t
conforming contiguous acreage existing on the date of the
s
.enactment of this ,provision, whether in the 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 non - conforming uses, except as permitted by
the Board of Adjustment and in accordance with the provi -•
sions of the Zoning Ordinance.,;
a. A non - conforming use may be continued but may not
be extended, expanded or changed unless to a conform -
ing use, except as permitted by the Board of Adjust-
ment in accordance with the provisions of the Zoning
Ordinance.
b. A Zoning Certificate must be obtained within one
(I) year by the owner of any non - conforming use as
evidence that the use lawfully existed prior to the
adoption of the provision'whi.ch made the use non-
conforming.
Q. Any non - conforming structure damaged by fire,
flood, explosion or other casualty to an extent ex-
ceeding fifty (50) percent of the fair market value of
the damaged structure as indicated by the records of
the County Assessor, if re aced _shall conform to the
requirements of the ordinance.
d. In the event that'any non - conforming use, con-
ducted in a structure or otherwise, ceases, for what-
ever reason, for a period of one (1) year, or is aban --
!: doped for any period, such non- conforming use shall
not be resumed.
e.' Normal maintenance of a non- conforming structure
is acceptable including non -- structural repairs and
` incidental maintenance,
(C) t
okesand Barns: No stable or barn in which animals
are t
p, or maintained may be located within 50'feet 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 ,1 to Maur., 1
and once every two weeks from May 1 to October 1 of each
year, manure shall be disposed of so as not to create
a nuisance from odorsor 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.
'E ll
t
ti
1a 'o •
ail:
.;y:�yi'
r
W
(D)
Horses
+
1. The term "horse" as used in this provision shall mean<
any breed of horse, pony, mule, ass or similar animal.
k
2. It shall be unlawful for.any person to ride.or drive
a horse in any public park, beach, golf course or other
public property, except, within the right- -of -way of public
'
streets and highways, and in areas duly designated as
allowing 'th riding o r, driving of horses,.
3. 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 appro-
i.
priate lighting or reflectorized clothing.
4. 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 b t heir
nature can have no applica'tion.;
=t
Permit Required for Dangerous Animals:'
1.. Showing Required for Permit: It i's unlawful for any'
person to keep or maintain any dangerous animal without
a special permit therefor from the City. No such permit
j
shall;be issued for a period 'exceeding one (l)-year and
`
such permit''shall specify''the'conditions"under which such
animal shall be kept. The Chief of Police" r his desig-
nate d 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 pr of others.
b. Adequate safeguards are made to prevent unautho -
rized access to, such animals by members of the public.
i
c., The health or well=- being"ofthe animal is not
in any way endangered by the manner of keeping or
confinement.
yr:v. •
C.
4.
<�
d. The keeping of such animal does not constitute
a nuisance and;will not harm the surrounding,
hood or disturb the peace 'and quiet of the su-roundirg
neighborhood.
P
t
'i
E
09
e. The keeping of such animal will not create or
cause offensive odors or constitute a danger to public
health.
i
fa The quarters in which such animal is kept or con-
fined are adequately lighted, ventilated and are so
z constructed that they may be keJJt in a clean and sani-
ta, condition.
g. The applicant for such special permit proves his
0
p ability to respond in damages up to and including the
,amount of $100,000.00 for bodily injury to or death
- of any person or persons or for the,da:mage to property
owned by any other persons which may, result from the
ownership, keeping or maintenance of such animal.
Proof of ability'to r in damages may be given
by filing with the Chief of Police or his designated
�i, agent a certificate of insurance stating that the
,applicant is, at the time of his application, and
will beduring h period of
t permit,
Sable s to c
M, insured against liability and respond tosuch
damages, or by posting with the City a surety bond,
approved by the City Attorney, in the amount of
$100,000.60. Such certificate of insurance or bond
' shall provide that noO "cancellation of the insurance or
bond will be made unless ten '_,(10) days written notice
is first given to the City.
l 2. Permitted; The Chief of Police or his
,Investigation
,• designated agent may investigate any applicant for a
' special- permit under, this provision or any enforcement ,
of this,$rovision, and are authorized to consult and se�
the advice of t he 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
wh&;j may be °able to provide information and advice con -
cei ^ning the keeping and maintaining of dangerous animals.
„3. Permit Fee,: Upon compliance with all subparts of
this provision, a spe ° dial permit shall be issued for an
annual fee adopted b the Council b ordinance
p y y provided
b that such permit shall not be issued for the keeping of
s- more than two dangerous animals at any single location.`
` - 4. IC- xdeptions This provision shall not-,apply to'the
keeping--and-,maintaining of dangerous anin is in tho follow-
1;.,
t;? ing -gases a
31
a. The k or maintaining of such animal for
exhibition to „the public by a- traveling circus, darni "-
val or bt�her exhihit or,4how holdi_rg a permit
by, r th'e; voi�unissioner of Natural Resources
t?o Minnesota Statutes, _.Section 91: Ell l .
i
a , .- . -.-:- :.. ..- ..,.. • t ,*z -v.. , . _..... ... -.�« ,.- .y... . _ K£ .. :..2^' 1. art =.-.
,:. _,-
�._ a ...
b., The keeping Or maintaining of such dangerous ani-
} W
mal,s in a licensed veterinary;bospital for treatment.'
c,, Dangerous or poisonous' reptiles may be kept or
maintained by a bona fide educational or medical insti-
tution for the purpose of instruction or study, pro-
vided such reptiles, are securely confined and are
properly cared for in a manner satisfactory to the
;
Chief of Police or his designated agent.
(F) 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 ,arii'►�al running at
large. A police officer shall be present any initial -
impoundment and is authorized to harm such animal or
dangerous animal only if necessary for their or the pub -
lic's or the police officer's safety.
1. Impoundment`'fees shall be $15.Q0. per 'day minimum,
..,
..a This rate shall be re-
but not to exceed $25.00per y.
viewed periodically by the City Council and may be in--'
creased when ,deemed necessary. The owner of an animal or
dangerous animal shall be responsible for the impoundment
s
.fee.
The owner of an animal or dangerous animal so . impounded
shall be responsible for any veterinarian I bills incurred
durifig. impoundment.
, 3. `Any animal or dangerous animal deceased during, impound-
ment will be disposed, of according to law. Disposal . ex=
penses shall- be paid by the owner of the deceased animal
or dangerous animal.
i
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 publ c,audtion. 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 Cit y.
5. Claiming of Impounded Animals or Dangerous Animals:"
9
a. Any party claiming an impounded animal or dangerous
='
y
animal must show proof of ownership satisfactory to
,
the,City or its designated agent.
i
b. All fees due will be paid in cash before release
of animal or dangerous animal.
i
1 1
H
c. The claiming party must present a valid driver's
license or otter acceptable form of identification
...
and must sign for the animal or dangerous animal before
w
it will be released.
i
(G)
� p y Reference: Minnesota Statutes, .Sec-
Statutes�_Ado ted-b
!
tions 345.21 to 34,3.28 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.,
(H)
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 or_!. Zancer and to
attach such conditions to the variance as it deems neces-
sary to assure compliance with the purpose of the'
nance. Any person requesting a variance from the terms of
this ordinance shall submit the following exhibits to the
Board of Adjustment, unless waived by the Zoning Officer:
1. The names and addresses of all P owners within
p r o perty y
three hundred (300) feet of the property lines shall be
-'
provided so that the Zoning Officer may provide
tion of the variance request.
2. Submission of such documents including site plans,
improvement layouts and specifications anti other documents
to completely set forth the variance °requested including
outlines for the operation and use of th "'er. property if the
variance is granted. Said documents shall, include addre's
sing health, safety and humane requirements of - the animals
as well as the affect of the proposal upon residents of
the Ci of Prior Lake.
f2)
Procedure: ;Procedure for obtaining a variance.fram the
regulations < this ordinance are as follc►ws:
1. The property owner or agent shall file' with the Zoning
fi
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, Off .er shall transmit ttlje ,application,
i} directly to the Boarl of Adjustment fear consideration'
at its next regularly- scheduled meetin.cg' .
3. The.. Board of Adj`ustment'shall, within thirty (30)
days of submittal of all required exhibits, recommend
;
approval, denial or conditional approval.
S
(J)
Standards The Board of Adjustment may vary the regu-
1�ations of this ordinance if all of the following require -
ments are met;
'
,{
�`�rn.
t �r
�'"
1. w..il J:qN... Y. R.... _ ,.. �,..iV. . {¢M^, .0 .:k: .. x'4d;7" KA .he" ^;'Alm ...a .. . 1�. .� ^YI y • ._, .. 3YT . C.± 'M1
d.� - ,:1
, 1 1
V �.
1. The variance, including any conditions placed thereon,
observes the spirit and intent of this ordinance to pro-
4S mote the public health, safety and welfare of the +citizens �!
of the' City of Prior Lake as well ai insuring the humane
treatment of the animals. �
2: Persuas`'ive proof that the variance is compatible with
the surrounding uses and property.
(K) Appeals: An appeal from a ruling of the Board :of Adjust-
ment may be taken by the property owner or agent within
thirty.;(36) days after the adverse order utilizing the
s, 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 to the
City Council, which shall be scheduled within thirty (30)
days after the notice of the: appeal has been filed.
3,. The Cyty °Counc'il shall schedule a hearing on the
appeal aria render its decision' resolution. A copy,
the:•resolution shall be mailed to th'6'applicant by the
Zoning Officer.,
(� (L) Violations, Penalty: Any person or owner in violation
of any provision o:r.subprovsion of this Section shall be
guilty of a misdemeanpr and upon conviction thereof shall `
be punishable by a fine not to exceed Five Hundred Dollars
'
($500. QC)) for any ..&ie, offense or ,by imprisonment in the
City or; County jail for a period of not more than ninety
(0 ); days or both such fine and .imprisonment.
" Th' ordinance shall become effective'froom and after its '
+
And: publ•icaation. Passage
Passed by the Council this 1 3th';day of November
1984.
ATTIEST
City Manager ay
Publis in the Prior Lake American on 'the 31st day of
Decevibei 1.984.
Drafted by;
Lo en, Nelson, , Sulli 8 Cole, P.A.
11.20 TCF Tower
Minneapolis'; Minnesota 55402'