HomeMy WebLinkAbout2011-12-06 P & Z Packet PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, DECEMBER 6, 2011
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. APPEARANCES /PRESENTATION(S)
III. PUBLIC HEARING (S)
IV. PUBLIC INPUT
V. OLD BUSINESS
VII. NEW BUSINESS
1. Review of Conditional Use Permit Request, The Ruff House, 7055 - 21
Avenue S.
VIII. DISCUSSION ITEMS
1. Proposed Amendment to City Code, Chapter 90 - Animal
2. City Code, Chapter 72 - Snowmobile Regulations
IX. CONSIDERATION OF MINUTES
1. October 4, 2011 Planning & Zoning Meeting Minutes
2. November - No Meeting
X. ADJOURNMENT
* *REMINDERS **
Parks & Recreation Committee Meeting - December 7, 2011, 6:30 p.m. Council Chambers
City Council Meeting - December 14, 2011, 6:30 p.m. Council Chambers, Work Session to
Follow (2012 Street Project & Stantec Proposal to Update Surface Water Management
Plan as Required)
City Council Meeting - December 28, 2011, 6:30 p.m. Council Chambers
Planning & Zoning Commission Meeting - January 3, 2012, 6:30 p.m. Council Chambers
City Hall will be closed on November 24 & 25, 2011 in Observance of Thanksgiving.
City Hall will be closed on December 26, 2011 in Observance of Christmas
City Hall will be closed on January 2, 2012 in Observance of New Years
CITY OF CENTERVILLE
CONDITIONAL USE PERMIT REQUEST
NAME: c ie��, C C E J e r.5 FEE: $250.00 + $500.00
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COMPANY: 1 �U �"i C 1 S-Q, PAID:
ADDRESS: ,C' t -\ \‘t4. , Mh '`MD
TELEPHONE NUMBER: 011 H ci ( 4CI (p
STREET LOCATION OF PROPERTY: "lO a.1 {-
PROPERTY IDENTIFICATION NUMBER: a 1- 3I - r�c� (93 - 0013
LEGAL DESCRIPTION OF PROPERTY: Lk C k. I \ obi_ 1 rv1 t M-0—
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SIZE OF PARCEL(S): o I a( (? S.
CONDITIONAL USE PERMIT REQUEST: Ilia CS U5' �cl -r1.
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I have read the attached City Code, Section 156.030 pertaining to the B -1 Zoning District and the need to apply for a
Conditional Use permit 1 have also read the attached City Code, Section 156.320 pertaining to Conditional Uses also.
By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any item, even if the
otrtcccr� is denialp� I
Signature of Applicant Signature of Property Owner
(1/80/11
Date
(o11.ic., use oal) Bclov6 This l.:nc;
PLANNING & ZONING ACTION:
CITY COUNCIL ACTION:
Introduction Area
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Future Expansion Area Indoor Play Area . Kennel Area Office/Reception Area
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Outdoor Play Area Indoor Play Area
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Outdoor Play Area
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Explanation of Use:
I plan to use the building located at 7055 21 Ave S. to open a dog daycare facility. The building will be
divided into 3 areas: an office/reception area, a kennel area, and an indoor play area. I will also add an
outdoor play area that is approximately 20' x 100'. This area will be enclosed with a 6' privacy fence. As
seen on the site plan, I have also included a future expansion area. I am planning to only lease a portion
of the building initially and expand as the business grows. There is also an existing chain link fence that
extends from the front of the building and encloses the yard.
The Ruff House will be a full service dog daycare and boarding facility. It is a place where busy "parents"
can leave their dogs for a few hours, the day, or for extended visits including over nights. I will offer safe
and supervised playtime for all dogs, big and small, in an environment that is stimulating to the variety
of temperaments. The Ruff House will also offer all of your basic grooming needs including baths, nail
trims, dental care, and haircuts.
While the dogs are at the facility for daycare, they will be supervised 100% of the time, whether they be
indoors or outdoors. The daycare hours will be from 6 am to 6 pm and, after this time, any dogs that
are spending the night will be put into secure kennels indoors.
In addition to the items that I have described to you, I also plan to expand the business even further in
years to come. I plan to develop a brand of pet products and pet food that I will offer for sale at the
facility. I would also like to add a partnership with a local veterinarian to offer services out of my facility.
This will be a great benefit for routine visits and vaccinations because it can all be done while a dog is at
daycare.
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CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE #
SECOND SERIES
AN ORDINANCE AMENDING CITY CODE REVISING REGULATION OF
DOGS AND OTHER ANIMALS
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
Section 1. The City Code Chapter 90 is hereby amended to read as follows:
90.01. DOGS AND OTHER ANIMALS.
A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this subdivision, except where the context clearly indicates a different meaning:
Animal means a dog, cat or other animal.
Animal control authority means the city, acting through its employees or officials, the police department, or any
person or organization appointed by city council for the purpose of enforcing this chapter.
Animal control officer means all employees of the police and public works departments, or any other person or
employee of an organization appointed by the city council for purposes of enforcing this chapter.
Animal shelter means any premises designated by the city council for the purpose of impounding or caring for
animals held under the authority of this chapter.
At large means off the owner's premises and not under the control of the owner, a member of the owner's
immediate family, or person in control of the animal either by leash, cord or chain, or similar physical restraint.
Farm animals shall mean those animals commonly associated with a farm, ranch or stable or performing work in
an agricultural setting. These animals shall include but are not limited to chickens, ducks, geese, horse, cow,
sheep, goat, pig (including Vietnamese pot- bellied pigs), and llama.
Kennel means any place where four or more dogs over the age of six months are kept, owned, boarded, bred or
offered for sale.
Owner means a person who harbors, feeds, boards, possesses, keeps or has custody of an animal.
Pet shop means any owner engaged in the business of breeding, buying, selling or boarding animals of any
species.
Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis
and treatment of diseases and injuries of animals.
B. Animal licensing /Identification. Animals that are permitted in the city are not required to obtain a license,
however all dogs over the age of six months shall have an identification tag affixed to a collar which indicates the
Page 1 of 11
owner name, address and a contact phone number.
C. Licensing Pet Shops & Kennels. Pet shops and kennels shall require a license from the City. It is unlawful to
operate a kennel in any residentially zoned district. Pet Shops and kennels are permitted in certain zoning district
but require a conditional use permit.
D. License validity; fees. Licenses shall be issued as follows:
1. All fees will be established from time to time by ordinance or resolution of the city council. Licenses
may be issued at any time during a license period, provided that the fees set forth in this section shall be prorated
on the basis of the number of months remaining in any such period.In any event the minimum fee shall equal six
months. For this purpose fifteen days or more shall be construed a full month. Application for license shall be
filed on the appropriate forms provided by the city
2. Kennel licenses. No kennel license may be issued or renewed unless the applicant has a valid
conditional use permit for the facility.
3. The commencement and ending period of licenses shall be set out in the ordinance or resolution that
establishes fees for such license. Licenses shall be valid for a period of two years.
E. Unlawful acts.
1. It is unlawful for any animal to defecate on public property or the private property of another, without
the owner or person in control of the animal immediately removing the excrement and disposing of it in a sanitary
manner.
2. It is unlawful for any animal to be in or upon any city park, street, sidewalk or trail property unless
owner or person in control of the animal restrains the animal by a leash or the animal is housed in a portable crate
or kennel, and unless the owner or person in control of the animal has a bag or other receptacle for the collection
and proper disposal of the animal's excrement in their possession.
3. It is unlawful for any animal to run at large. An owner or person in control of the animal is
responsible under this chapter for any animal running at large.
4. It is unlawful to possess more than three dogs or three cats or or in combination a maximum of four
animals over the age of six months to be kept on any property in the city, except in a location where a licensed pet
shop or kennel is allowed or other exceptions as specifically set forth in this chapter.
5. It shall be unlawful for any animal to habitually or frequently bark or cry; to frequent school grounds;
to chase vehicles; to molest or disturb any person if such person is not on the property of the owner or custodian
of such animal; or to molest, defile or destroy any property, public or private. It shall be the obligation and
responsibility of the owner or custodian of any animal in the city to prevent such animal from committing any act
which constitutes a nuisance.
6. It is unlawful for the owner or person in control of the animal to permit such unsanitary conditions on
a premises that the maintenance or keeping of the animal creates danger or odors to the annoyance of the public in
the vicinity. Failure on the part of the owner or custodian to prevent their animal from committing an act of
nuisance shall be a violation of this section.
Exceptions. The provisions of subdivisions 1 and 2 do not apply to a guide dog accompanying a blind
person, a service dog accompanying a disabled person, or a dog engaged in police or rescue activity.
Page 2 of 11
F. Seizure of animals.
1. The Animal Control Officer may seize animals for reasons specified in this chapter. The animal
Control Officer shall immediately seize any potentially dangerous animal or dangerous animal if:
a. after 14 days after the owner has notice of the animal's designation, the animal is not validly
registered, the owner does not secure proper liability coverage, or the animal is not sterilized; or
b. an animal is not otherwise maintained in a manner consistent with an order of the Animal
Control Officer.
2. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may
order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs
incurred in confiscating, confining, and destroying the dog.
G. Impoundment; notice to owner; disposition of unclaimed animals Unrestrained animals may be taken by
any officer and impounded in an animal shelter. Impounded animals shall be kept for not less than five days
unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the Animal
Control Officer shall 'immediately, upon impoundment, notify the owner by telephone, mail or personal contact of
such impoundment. Animals not claimed by their owners within five days may be humanely disposed of by any
person or agency delegated by the city council to exercise such authority. Any animal which is in the city that has
been critically injured may be destroyed by an Animal Control Officer or by a veterinarian.
H. Reclamation; pound fees. Impounded animals may be reclaimed by their owners after payment is made to the
city of a pound fee, in addition to boarding and other costs. All fees in the city will be established from time to
time by ordinance or resolution of the city council, or such expenses as otherwise set by market rates where
establishing fees are not practical.
I. Alternative to impoundment; proceedings against owner. Notwithstanding other provisions of this section, if
an animal is found at large and its owner can be identified and located, such animal need not be impounded but
may, instead, be taken to the owner. In such case, however, proceedings may be taken against the owner for
violation of this chapter.
J. Female animals in heat. Every female animal in heat shall be confined in a building or other secure
enclosure, in such a manner that the female animal cannot come into contact with another animal, except for
planned breeding.
K. Care of and cruelty to animals. No person shall fail to provide any animal with sufficient food and water,
proper shelter and veterinary care when needed. No person shall beat, cruelly treat, torment or otherwise abuse
any animal or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between
animals and humans. No person shall abandon an animal.
L. Quarantine of biting animals. Any animal which bites a person shall be quarantined for such time as may be
directed by the city. During quarantine the animal shall be securely confined. At the discretion of the police chief
the quarantine may be on the premises of the owner. However, if the police chief requires other confinement, the
owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place
it in a veterinary hospital.
M. Destruction of animals suspected of being rabid. No person shall kill any animal suspected of being rabid
except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian.
If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely euthanized.
Page 3of11
N. Enforcement of section. The city council may from time to time appoint such persons as may be necessary to
assist in the enforcement of this section. Such persons shall have limited police powers only necessary for
enforcement of this section, and no person shall interfere or obstruct in the exercise of such powers.
O. Interference with Animal Control Officer. No person shall interfere with, hinder or molest any Animal
Control Officer in the performance of any duty, or seek to release any animal in the custody of the Animal Control
Officer except as provided in this chapter.
90.02. - WILD OR DANGEROUS ANIMALS.
A. Prohibited species. No person shall harbor, maintain or control any wild, dangerous, or non - domesticated
animal within the city. , These shall include, but are not limited to, the following animals:
1. Any animal which possession is prohibited by state or federal law.
2. Any non - domesticated animal or species, including but not limited to the following animals:
a. Any non -human member of the family Primate (i.e., monkey).
b. Any cat of the family Felidae (i.e., tiger, bobcat), except domesticated cats known as Felis catus.
c. Any canine of the family Canidae (i.e., wolf, coyote), except domesticated dogs known as Canis
lupus familaris.
d. Any canine resulting from crossbreeding with a coyote or wolf.
e. Any snake of the family Viperidae (i.e., rattlesnake, cobra), or any snake of the family Boidae
(i.e., boa constrictor, python).
f. Any carnivorous reptile (i.e, alligator, crocodile, gila monster).
g. Any poisonous or stinging insect (i.e., scorpion).
h. Any skunk, whether captured in the wild, domestically raised, descented or not descented,
vaccinated against rabies or not vaccinated against rabies.
i. Any raccoon, opossum, porcupine or badger.
j. Any bear.
3. Other animals. Any other animal which by its size, vicious nature or other characteristics which are
inherently dangerous to human beings; any other animal which is commonly considered wild and not
domesticated; or that because of its odors, cries or similar characteristics is not compatible with urban living.
B. Licensing Honey Bees. Notwithstanding other provisions of this chapter, a person may keep honey bee
colonies on any premises after first obtaining a license as provided in this subsection. No license shall be issued
except in compliance with this section.
1. Lot size shall be a minimum of one -half acre,
2. No more than two honey bee colonies shall be allowed,
3. Hives shall be setback from property lines a minimum of 25 feet,
4. Permission must be obtained from owners of all property abutting the proposed site,
5. Applicant must document at least 16 hours of training in beekeeping, and
6. The colony shall be maintained in good order and not be a nuisance to any member of the public.
C. Compliance with section. Anyone keeping or maintaining any animal prohibited by this chapter as of July 1,
2011, has 30 days in which to comply with the provisions of this section. Extensions beyond 30 days may be
granted by the city council for animals that have been previously permitted by the city.
Page 4 of 11
90.03 FARM ANIMALS.
Farm animals shall only be kept in an agricultural district p gn stnct of the city or on a residential lot of at least ten acres
in size, and provided that no animal shelter shall be within 300 feet of an adjoining piece of property. Animal
feedlots as defined in MN Rule 7020.03 are prohibited.
90.04 DISEASED ANIMALS- DISEASE CONTROL.
A. Keeping of diseased animal. No person shall possess an animal which is diseased such that it is a danger to
the health and safety of other persons. Possession of a diseased animal includes but is not limited to personal
possession or possession on one's premises. Only a licensed veterinarian may harbor a diseased animal for either
medical or treatment purposes.
B. Confinement Any animal reasonably suspected of being diseased and presenting a threat to the health and
safety of the public may be apprehended and confined as directed by an Animal Control Officer. The officer shall
have a qualified veterinarian examine the animal. If the animal is found to be diseased in a manner so as to be a
danger to the health and safety of the city, the officer shall cause the animal to be euthanized and shall properly
dispose of the remains. Reasonable efforts will be made to notify the owner or keeper of the animal prior to the
euthanasia. The owner will be liable to pay the cost of maintaining and disposing of the animal, plus the costs of
any veterinarian examinations.
C. Release. If the animal, upon examination, is not found to be diseased within the meaning of this section, the
animal shall be released to the owner upon payment of the costs associated with the examination.
D. Vaccination of animals. No person shall keep any animal over six months of age within the city limits
without having obtained a certificate from a qualified veterinarian showing the animal has a current rabies
vaccination. The owner may affix a permanent tag to the collar of a dog or cat, which tag shall show the
expiration date of the rabies vaccination. The owner may choose not to put a rabies tag on a dog or cat but must
be able to prove the animal has a current rabies vaccination by presenting a rabies certificate.
90.05 -90.09 RESERVED
90.10 Dangerous and Potentially Dangerous Animals.
A. Definitions.
1. Dangerous Animal. An animal which has:
a. Without provocation by a victim, 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 animal is potentially
dangerous, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.
2. Potentially Dangerous Animal. An animal which has:
a. When unprovoked by a victim, bites human or domestic animal while on public or private property.
Page 5 of 11
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 animal owner's property, in an apparent attitude of
attack; or
c. Has the known propensity, tendency or disposition to attack while unprovoked, causing injury or
otherwise threatening the safety of humans or domestic animals.
3. Proper Enclosure. Securely confined indoors or in a securely 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 m which door or
window screens are the only barriers which prevent the animal from exiting. The enclosure shall not
allow the egress of the animal in any manner without human assistance.
4. Provocation. "Provocation" or "provoked" means an act that an adult could reasonably expect may cause
an animal to attack or bite. No act by a child that causes an animal attack or bite is provocation under this
ordinance.
B. Designation as Potentially Dangerous Animal.
The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence
that the animal has committed an act meeting the definition of a "potentially dangerous animal."
1. When an animal is declared potentially dangerous, the Animal Control Officer shall order the immediate
imposition of the following conditions:
a. The owner of an animal designated as potentially dangerous must have a microchip implanted in
the animal for identification, and the name of the microchip manufacturer and identification
number of the microchip must be provided to the Animal Control Officer. If the microchip is not
implanted by the owner, it may be implanted by the Animal Control Officer. In either case, all
costs related to purchase and implantation of the microchip must be borne by the animal's owner.
b. The owner must provide and maintain a proper enclosure for the potentially dangerous animal.
c. If the animal is a dog and is outside the proper enclosure the dog must be muzzled, restrained by a
substantial chain or leash (not to exceed six feet in length), and under the physical restraint of a
person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting
any person or animal, but will not cause injury to the dog or interfere with its vision or
respiration.
d. In addition, the owner of an animal declared potentially dangerous shall annually register the
animal with the City and be issued a Certificate of Registration stating that the animal is
potentially dangerous. The owner shall pay the City the current registration fee as established by
ordinance or resolution.
e. The City may order any additional conditions which it finds just and appropriate to protect public
safety and welfare from the dangerous nature of the animal.
C. Designation as Dangerous Animal. The Animal Control Officer shall designate any animal as a dangerous
animal upon receiving evidence that the animal has, committed an act meeting the definition of a "dangerous
animal."
Page 6 of 11
1. Authority to Order Destruction. The Animal Control Officer, upon determining that an animal is
dangerous hereunder, is authorized to order the destruction of animal. An order for destruction can only
occur if one or more of the following acts occurred:
a. The animal is dangerous as demonstrated by vicious attack, an unprovoked attack, an attack
without warning, attack with multiple bites, or multiple attacks, or where more than one animal
participated in the attack; or
b. The owner of the animal has demonstrated an inability or unwillingness to control the animal in
order to prevent injury to persons or other animals.
2. Dangerous Animal Registration Requirements. If the Animal Control Officer does not order the
destruction of an animal that has been declared dangerous, an order for the following conditions shall be
immediately imposed:
a. That the owner provides and maintains a proper enclosure for the dangerous animal;
b. Post the front and the rear of the premises with clearly visible warning signs, including a warning
symbol to inform children that there is a dangerous animal on the property;
c. Provide and show proof annually of public liability insurance in the minimum amount of
$300,000.00;
d. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled, restrained by
a substantial chain or leash (not to exceed six feet in length), and under the physical restraint of a
person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting
any person or animal, but will not cause injury to the dog or interfere with its vision or
respiration;
e. The animal must have an easily identifiable, standardized tag, identifying the animal as
dangerous, affixed to its collar at all times;
f. The owner of an animal designated as dangerous must have a microchip implanted in the animal
for identification, and the name of the microchip manufacturer and identification number of the
microchip must be provided to the Animal Control Officer. If the microchip is not implanted by
the owner, it may be implanted by the Animal Control Officer. In either case, all costs related to
purchase and implantation of the microchip must be borne by the animal's owner;
g. An owner of a dangerous animal must renew the registration of the animal annually until the
animal is deceased. If the animal is removed from the jurisdiction, it must be registered as a
dangerous animal in its new jurisdiction;
h. An owner of a dangerous animal shall sterilize the animal at the owner's expense. If the owner
does not have the animal sterilized within 30 days, the animal control authority shall seize the
animal and have it sterilized at the owner's expense; and
i. The City may order any additional conditions which it finds just and appropriate to protect public
safety and welfare from the dangerous nature of the animal.
Page 7 of 11
D. Procedure For Animal Designation. The Animal Control Officer, after having made fmdings, designations,
or issued orders under this ordinance shall proceed as follows.
1. The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person of
any findings, designations or orders relating to the animal. This notice shall contain a statement of
reasons describing the facts used to make a designation or order by the Animal Control Officer. The
notice shall also describe the owner's right of appeal to the City. Written notice shall be sent by
certified mail to the last known address of the owner as determined by animal license records or the
location of an attack. If no owner can be ascertained, the animal shall be destroyed.
2. An owner shall be given fourteen (14) days to appeal a designation or order by requesting a hearing
before the City Council. If no appeal is filed within the requisite time period, the designation or order
issued against the animal will stand and shall remain in effect for the life of the animal.
3. If an owner timely files an appeal from a designation or order of the Animal Control Officer, the
hearing shall be held before the City Council which shall set a date for the hearing not more than three
weeks after demand for the hearing. The City Council may delegate this hearing to be heard before a
designated hearing officer. The records of the Animal Control Officer or any government agency shall
be admissible for consideration during the hearing without further foundation. A copy of these records
shall be made available to the owner at least one week before the hearing. The City shall notify any
victim of an attack by the animal of the hearing date and time.
4. During the hearing, a finding by the Animal Control Officer shall be presumed correct but is subject to
review. After considering the evidence and statements of the parties, the City Council or hearing officer
shall make findings of fact on issues properly before it on appeal, and may sustain, modify or rescind a
designation or order made by the Animal Control Officer.
5. Where appropriate to effectuate an order of the Animal Control Officer appealed to the City, the City
Council or hearing officer may order the Animal Control Officer to immediately take the animal into
custody pending the outcome of the appeal. After appeal, if the animal is ordered into custody for
destruction, the owner shall immediately make the animal available to the Animal Control Officer, and
at the owners request and expense, destruction shall be stayed for fourteen days.
6. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for
destruction.
7. The animal owner shall bear all of the costs of these proceedings, board and care for an animal taken
into custody, and other related expenses incurred by the City.
E. Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if the
threat, injury, or damage was sustained by a person:
1. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the
owner of the animal;
2. Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have
repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
3. Who was committing or attempting to commit a crime.
Page 8 of 11
F. Rental Property - Disclosure Required. A person who owns a potentially dangerous animal or a dangerous
animal, and will reside in rental property must disclose whether such an animal will be kept on the premises for
any period of time. The animal owner must notify the rental property owner that a designated animal will be kept
on the premises and shall also disclose all conditions imposed by the City related to that designation. This
disclosure must occur immediately upon an animal designation imposed by the City, or before the animal owner
enters into a lease or begins residing at such a premises. Proof of this disclosure must occur before the owner's
animal registration with the City will be granted or renewed.
G. Stopping an Attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon
a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack
to an end and prevent further injury to a victim.
H. Notification of New Address. The owner of an animal which has been identified as dangerous or potentially
dangerous shall notify the Animal Control Officer in writing if the animal dies or is to be relocated from its
current address or given or sold to another person. The notification shall be given in writing within 30 days of the
death or at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current
owner's name and address, the relocation address and the name of the new owner, if any.
I. Animals Transported Into The City. No person shall bring into the City an animal which has previously been
declared by another jurisdiction to be dangerous. No person shall bring into the City an animal which has
previously been declared by another jurisdiction to be potentially dangerous, without first securing a permit from
the City to register the animal. The City may seize and destroy, at the owner's expense, any animal brought into
the City in violation of this provision.
J. Attack By An Animal. It shall be deemed an unlawful act by any animal owner in the event their animal
inflicts or attempts to inflict bodily injury upon any person or other animal. The owner is held strictly liable for
the actions of its animal whether or not the owner is present. This section shall not apply to an attack by a dog
under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has
entered the owner's home.
K. Dangerous Animal or Potentially Dangerous Animal, Designation Review. In accordance with State law,
beginning six (6) months after an animal is declared a potentially dangerous animal or dangerous animal; an
owner may annually request that the animal control authority review the designation. The owner must provide
evidence that the animal's behavior has changed due to the animal's age, neutering, environment, completion of
obedience training that includes modification of aggressive behavior, or other factors. If the animal control
authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind designation
or modify the conditions of an order imposing conditions related to a designation. The request shall be considered
in the same manner as an appeal from designation of the Animal Control Officer.
90.11 SUMMARY DESTRUCTION.
Whenever an Animal Control Officer or police officer determines that any animal presents an immediate threat to
the safety of any person, after making reasonable attempt to impound the animal, the officer is hereby authorized
to destroy the animal in the interests of public safety.
90.12 -90.19 RESERVED
90.20 Civil Actions. In addition to the other remedies and penalties provided in this chapter, city officials, after
approval of the city council, are authorized to file appropriate civil actions for a temporary restraining order,
temporary injunction or permanent injunction against any person violating this section. These civil remedies and
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penalties do not bar criminal prosecution.
90.97 Applicability. Nothing in this chapter is intended to supersede state law, or the specific requirements
found in Minnesota Chapter 347.50 to 347.56. It is the intention of the city to more precisely regulate dangerous
animals.
90.98 Penalty for Violation. Any person who shall violate the provisions of this chapter shall be guilty of a
misdemeanor, with two exceptions:
a. License violations shall be charged as a petty misdemeanor if the violator has no similar offenses in
the preceding three months.
b. Provisions of this chapter governing potential dangerous animals and dangerous animals shall be
guilty of a misdemeanor unless otherwise specified as a gross misdemeanor under State law.
90.99 Continuing Violations. Each day on which the violation continues shall constitute a separate violation.
Section 2: Effective Date: This ordinance shall be effective immediately upon its passage and
publication of the attached summary according to law.
SECTION 3. Summary for Publication. The attached "Exhibit A" entitled Summary of Ordinance
_, Second Series, is hereby adopted and is hereby ordered to be published in the official paper.
PASSED AND DULY ADOPTED this day of , 2011 by the City Council of the
City of Centerville.
Tom Wilharber, Mayor
ATTEST:
Teresa Bender, City Clerk
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EXHIBIT A
Summary of Ordinance , Second Series
Notice is hereby given, that on , 2011, Ordinance Number , Second
Series, entitled "AN ORDINANCE AMENDING CITY CODE REVISING REGULATION
OF DOGS AND OTHER ANIMALS" was adopted by the City Council of Centerville,
Minnesota.
Notice is further given that due to the lengthy nature of the ordinance, the City Council has
directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4.
Notice is further given that a complete printed copy of the ordinance is available for inspection
by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will
be mailed to anyone requesting it by telephone (651) 429 -3232.
Notice is further given that the general purpose of the ordinance is to amend the code to revise
regulation of dogs and other animals.
Section 1. This section contains the text of a revised Chapter 90.
90.01 Dogs and Other Animals
A. Contains Definitions
B. Provides that animals are not generally required to be licensed.
C. Requires licensing of pet shops and kennels.
D. Provides for fees to be charged.
E. Specifies unlawful acts.
F. -O Allows seizure, quarantine and impoundment of certain animals
90.02 Wild or Dangerous Animals
A. Prohibits certain species of animals from being kept in the city.
B. Regulates keeping of honeybees.
90.03 Restrictss keeping of farm animals to large parcels.
90.04 Regulates keeping of diseased animals and requires certain vaccinations.
90.10 Provides the means of identifying and regulating dangerous and potentially
dangerous animals.
Section 2. This section provides that the effective date shall be upon publication of this
summary.
Notice is further given that the Council has by a 4/5 vote approved this public notice on the
day of , 2011.
Teresa Bender, City Clerk
Published in the Citizen on , 2011.
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SNOWMOBILE. A self -prope a vehicle designed for travel on snow or ice, steered by skis or runners.
STREET. A public thoroughfare, roadway, alley or trail used for motor vehicular traffic which is not an
interstate, trunk, county-state aid or county highway.
(Ord. #17-A, adopted 4/24/1991)
§ 72.03 APPLICATION OF TRAFFIC ORDINANCES.
City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for
those relating to required equipment, and except those which by their nature have no application.
(Ord. #17 -A, adopted 4/24/1991)
§ 72.04 RESTRICTIONS.
(A) It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the city:
(1) On the roadway of any street, except the most right -hand lane then available for traffic or as close
as practicable to right -hand curb or edge of the roadway, except when overtaking and passing another vehicle
stopped in the lane or proceeding in the same direction, or in making a left turn. Snowmobiles may also be
operated upon the outside slope of trunk, county -state aid and county highways where the highways are so
configured within the corporate limits;
(2) On a public sidewalk provided for pedestrian travel;
(3) On boulevards within any public right -of -way;
(4) On private property of another without specific permission of the owner or person in control of
that property;
(5) Upon any school grounds, except as permission is expressly obtained from responsible school
authorities;
(6) (a) On public property, playgrounds and recreation areas, except areas previously listed or
authorized for that use by the city, in which case the use shall be lawful, and snowmobiles may be driven in and
out of the areas by the shortest route.
(b) Authorized areas in the city shall be designated by resolution of the City Council.
(7) On streets as permitted by this chapter at a speed exceeding ten mph;
(8) During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:01 a.m. to 7:00
a.m., Friday and Saturday, . Permitted hours of operation on the day before
Thanksgiving, Christmas and New Years Day shall be the same as a Friday;
(9) (a) Within 200 feet of church property during the hours of church services, and during the hours
of other church functions.
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a Anywhere within any pu i way except on the roadway surface or as otherwise
provided in this chapter;
(b) On a public sidewalk or walkway provided or used for pedestrian travel;
(c) On private property of another without lawful authority or consent of the owner or occupant;
(d) On any publicly owned lands and frozen waters (lakes, rivers, streams and ponds), not
previously listed or authorized for the use by the proper public authority, including, but not limited to,
school grounds, park property, playgrounds, recreation areas and golf courses. Use in those areas
previously listed or authorized for the use by the proper public authority shall be lawful, and
snowmobiles may be driven in and out of the areas only by the shortest route possible. Authorized areas
in the City of Lino Lakes owned by the city shall be designated by City Council resolution;
(e) At any place while under the influence of an alcoholic beverage or controlled substance;
(f) At any speed in excess of 15 mph on a public street or highway, or anywhere at a rate of
speed greater than reasonable or proper under all the surrounding circumstances;
(g) At any place in a careless, reckless or negligent manner, so as to endanger the person or
property of another or to cause injury or damage thereto;
(h) So as to tow any person or thing on a public street or highway, except through use of a rigid
tow bar attached to the rear of the snowmobile;
(i) At a speed greater than 15 mph when within 100 feet of any riverbank or lakeshore; or
within 100 feet of fishermen, icehouses or skating rinks; nor shall operation be permitted within 100 feet
of any sliding area; nor where the operation would conflict with the lawful use of property or would
endanger other persons or property;
(j) In a manner so as to create loud, unnecessary or unusual noise, which disturbs, annoys or
interferes with the peace and quiet of another;
°f116 (k) Snowmobiling shall be prohibited after 10:00 p.m. and before 7:00 a.m. Sunday through
Thursday, and between 12:00 a.m. and 8:00a.m. Friday and Saturday. This provision is not intended to
prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, provided
that the operator of a snowmobile utilizes the most direct route of travel to and from the operator's
residence or destination;
(1) Every person leaving a snowmobile in a public place shall lock the ignition, remove the key
and take the same with the person;
(m) It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take
any animal, wild or domestic, with a snowmobile; and
(n) Authorized snowmobiles may be used on any public property within the city for rescue,
emergency or law enforcement purposes.
(Prior Code, § 807.02) (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007)
http://www.amlegal.com/alpscripts/get-content.aspx 12/1/2011
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly
meeting on October 4, 2011, at 6:30 p.m.
PRESENT: Chairperson Darrin Mosher
Commissioner Thomas Wood
Commissioner Eric Larson
Commissioner Matthew Montain::::-
Commissioner Russ Koski
ABSENT: Commissioner James Flint
Commissioner Olaf Lee
STAFF: Administrator Dallas Larson
OTHERS PRESENT: Council Member D Love
I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher.
1. Roll Call
II. APPEARANCES/PRESENTATION(S) None
III. PUBLIC HEARINGS None
IV. PUBLIC INPUT None
V. OLD BUSINESS. None
VI. NEW BUSINESS.
The Commission reviewed the sign regulations. It was noted that some businesses do not
have signs that fully meet the current standards. No action was warranted at this time.
VII. DISCUSSION ITEMS
The Commission reviewed nuisance issues that the city is contending with.
The Commission was briefed on the status of the Metro Transit Park and Ride facility
proposed for Lino Lakes on the Centerville easterly border.
Discussion was held regarding snowmobile regulations and the need to educate operators
on the city regulations. The Commission discussed the possibility of coordinating the
operating hours with neighboring communities.
VIII. CONSIDERATION OF MINUTES
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City of Centerville
Planning and Zoning Commission
October 4, 2011
Motion by Commissioner Larson, seconded by Commissioner Montain to approve
minutes from the AuSust 8, 2011, meeting. All in favor. Motion carried
unanimously.
IX. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT
Motion by Commissioner Wood, seconded by Commissioner Montain to adjourn the
meeting at 7:53 p.m. All in favor. Motion carried unanimously.
Transcribed by:
Dallas Larson, Administrator
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