608.01 KEEPING ANIMALS:

Subd. 1. Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance:

A.   Domestic Animals: For purposes of this Chapter, domestic animal shall be defined as house pets such as dogs, cats, rabbits, pot-bellied pigs and traditional and typical animal pets, and birds (not including pigeons, chickens, geese, turkeys or other domestic fowl) which can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure requiring a building permit from the City. Animals normally classified as wild which have been domesticated are not included as a domestic animal

B.   Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, ducks, horses, and other animals traditional and commonly accepted as farm animals in the State of Minnesota.

Subd. 2.  The following regulations apply to the keeping of animals in the City:  

A.   Permitted animals: 

1.    Domestic animals. 

2.    Animals being kept as part of the Minnesota Zoological Gardens, St. Paul Como Zoo, or similar institutional docent programs.   Before such animals are allowed, however, the participant in the program must notify immediately abutting property owners and the City Planner in writing of their participation in the program and identify the animals being kept.

3.    Chickens, horses, bees, or other farm animals deemed similar by the City Planner, with a permit as provided herein.

B.   No farm animals or other non-domestic animals are allowed within the City without a permit from the City Planner. 

C.   Farm animals for purposes of removal of buckthorn or other invasive species are allowed by temporary permit from the City Forester. The applicant shall pay a permit fee as required in the fee schedule and submit a plan specifying the area in which the animals will be allowed, how the animals will be contained, where they will be kept and a timeframe for the permit, as well as any other information deemed necessary by the City Forester. The City Forester shall approve or deny the temporary permit within fourteen (14) days of receipt of the application. Temporary permits may be revoked at any time by the City Forester if the applicant violates the terms and conditions of the temporary permit. 

D.   Farm animals may not be kept for commercial purposes. 

Subd. 3. General permit requirements. Farm animals are allowed by permit from the City Planner pursuant to the requirements of this Section. The consideration involving the approval or denial of a permit shall include, but is not limited to:

A.   The notification of immediately abutting property owners and an evaluation of the possible negative impacts upon such properties. 

B.   The adequacy of the site and buildings to accommodate the animals. 

C.   The public health, safety, and general welfare concerns posed by the animals. 

D.   Except for more stringent requirements for chickens, any animal enclosure must maintain setbacks set forth in this section and must be in compliance with the Accessory Building requirements in City Code Section 1207.014 (where setback or location standards conflict, the more restrictive requirements shall apply): 

1.    The animal enclosure shall not be located closer to the lot line of an adjacent property than to the principal structure on the animal owner’s property, but in no event shall it be less than twenty-five feet (25’) from any lot line. 

2.    The animal enclosure shall not be located closer than twenty-five feet (25’) from wetlands or public waters. 

E.   No property owner may obtain a permit for more than two (2) large farm animals. The permitted number of other farm animals (except chickens and bees, as provided herein) shall be determined by the City Planner. 

F.    Performance standards for chickens are regulated in Section 608.02 and bees are regulated in Section 608.03. 

Subd. 4. Permit application process for farm animals. 

A.   Upon submission of a complete application for a permit on forms provided by the City and payment of the permit fee pursuant to the City fee schedule, the City Planner shall provide written notice of the request to the immediately abutting property owners within seven (7) business days of the receipt of the complete application. Permit fees are not prorated. 

B.   Notice. The notice shall specify that any written objections be received by the City Planner within seven (7) days of mailing. If any written objection of a substantive nature is received within seven (7) days and is unresolved between the objector and the City Planner, the review of the permit may be forwarded to the City Council for approval or denial. 

C.   Unless referred to the City Council for a decision, the City Planner shall approve or deny the permit within thirty (30) days from the date of submission of a complete application. 

D.   A written notification shall be issued by the City Planner on the approval or denial of the permit. If approved, specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Section shall be attached to the notification which shall serve as the permit. 

Subd. 5. Permit Term. The initial term of a permit shall be for a period of one (1) year, from January 1 through December 31. After the initial term, a renewal application must be submitted using the same process as the initial term. In cases where complaints from neighbors have been received during a term or where there has been a change in conditions or violations, a renewal application shall require City Council approval. If there are no changes in conditions and no violations or complaints, subsequent renewal terms shall be for a period of three (3) years. 

Subd. 6. Denial and Revocation of Permit; Appeals. 

A.   The permit may be revoked by the City Planner if the animals cause a nuisance or endanger the health or safety of the community or if the permit holder is non-compliant with applicable codes, ordinances, and the standards. Determination of non-compliance shall be communicated to the permit holder in writing and the permit shall be considered revoked unless, within ten (10) days of such notice, the permit holder takes corrective action to the satisfaction of the City Planner. 

B.   Denial or revocation of a permit may be appealed to the City Council by filing a written notice to the City Clerk within ten (10) business days of the decision, paying the applicable fee and stating the grounds upon which the appeal is made. The permit holder will be sent notice of a hearing date at least fourteen (14) days prior to the hearing. The City Council shall hold a hearing and render a decision, which shall be final. 

608.02                 REGULATION OF CHICKENS:

Subd. 1. Purpose. Recognizing the desire for some residents to raise chickens, the City wishes to allow that within the community, while establishing requirements to protect the health, safety and welfare of neighboring properties. 

Subd. 2. Performance Standards: 

A.   An owner of residential property who resides at the property may keep up to ten (10) chickens with an approved permit. 

B.   No roosters are allowed. 

C.   No person may allow chickens to range freely without fencing unless supervised, unless the lot is five (5) acres or more. 

D.   No person may keep any chickens inside the house. 

E.   No person may slaughter any chickens within the City. 

F.    Chickens must be provided a secure and well-ventilated, windowed, roofed structure (coop) that is: 

1.    No larger than 100 square feet; 

2.    Not closer than 150 feet from any lot line; 

3.    Is located in a rear or side yard; 

4.    The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy condition with all droppings placed in a fireproof covered container until applied as fertilizer, composted or transported off the premises; 

5.    Attached to a chicken run area that is enclosed with fencing or in a mesh-type material that is no greater than 200 square feet. 

G.   Chicken feed products must be stored in such a way as to prevent mice, rats or other scavengers from becoming a nuisance. 

H.   Public sales of eggs may occur on the premises pursuant to the following requirements: 

1.    The permit-holder must comply with home occupation requirements pursuant to Section 1207.08. 

2.    One sign may be placed on the premises, not to exceed six (6) square feet in size that complies with Section 1005.05. 

Subd. 3. Violations. 

A.   First violation for free ranging outside of the permit-holder’s property shall result in a warning; 

B.   Any subsequent violation may result in revocation of the permit unless the permit holder agrees to keep the chickens in a fully enclosed run area. 

608.03                 REGULATIONS OF BEES:

Subd. 1. Purpose. Recognizing the importance of pollinators, the City wishes to encourage beekeeping within the community while establishing requirements to protect the health, safety and welfare of the public. 

Subd. 2. Number of colonies. An owner of residential property who resides at the property may keep up to five (5) colonies of honeybees with an approved permit. 

Subd. 3. Performance standards. 

A.       Location of colonies. Colonies must be located on the lot as follows: 

1.    In a rear yard not adjacent to a street; 

2.    At least twenty-five feet (25’) from any residence on the lot or any adjacent lot; 

3.    Set back at least ten feet (10’) from any lot line. 

B.       Fencing. Colonies must be fenced to prevent or deter unauthorized access. Fencing need not be permanent and may be made of wire or mesh fencing or netting. 

C.       Water and food supply. A convenient source of water must be readily available on the premises at all times. All materials used to feed bees must be stored in sealed containers or placed within a building unless it is inside the hive. 

Subd. 4. Sales of products. Public sales of bee products may occur on the premises pursuant to the following requirements: 

A.       Food products and packaging of all bee products must comply with State and federal laws. 

B.       The permit-holder must comply with home occupation requirements pursuant to Section 1207.08. 

C.       One sign may be placed on the premises, not to exceed six (6) square feet in size that complies with Section 1005.05. 

Subd. 5. City inspections. The City, upon the receipt of a complaint, shall be allowed to inspect any structure or premises and issue any order as may be necessary to carry out the provisions of this section. 

608.04                 REGULATION OF DOGS:

Subd. 1.  Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance: 

A.   Dog Owner. Any person or persons, firm, association, or organization or department possessing, harboring, keeping, having an interest in or having care, custody or control of a domestic animal. 

B.   Running At Large: An dog is running at large if it: 

1.    Is not effectively contained within a fenced area; or 

2.    Is on any unfenced area or lot abutting a street, alley, public park, public place or upon any other private land without being effectively restrained by chain, leash, or an electronic pet containment device from moving beyond such unfenced area or lot; or 

3.    Is on any street, public park, school grounds or public place without being effectively restrained by chain or leash, except for a dog within the boundaries of the public off leash dog park and the owner has verbal or physical command over the dog. 

Subd. 2.  Vaccinations, Tags and Violations.

 A.   Vaccination Required. The owner of every dog in the City shall cause such dog to be currently vaccinated for rabies.  A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. 

B.   Affixation of Tag Required. The owner of every dog in the City shall affix a tag to the collar of the dog in such a manner that the tag may be easily seen.  The tag shall contain information of the current rabies vaccination, and identifying the owner, the owner's address and telephone number. 

C.   It shall be unlawful to permit a dog to run at large, whether or not the owner is present, within the limits of the City. Dogs must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. The City may charge the owner for all costs incurred in capturing, impounding, and maintaining of a dog running at large.  

608.05                 REGULATION OF DANGEROUS DOGS:

Minn. Stat. §§ 347.50 through 347.565 regulating Dangerous Dogs are hereby adopted. 

608.06                 Penalty.

Other than violations of City Code Section 608.05 which penalties shall be prescribed pursuant to state law, any person found guilty of violating the provisions of this Section 608 shall be guilty of a petty misdemeanor.