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HomeMy WebLinkAbout04/30/2013URBAN AFFAIRS ADVISORY COMMITTEE MEETING AGENDA NEXT URBAN AFFAIRS MEETING S: \planning \Urban Affairs\2013 Animal Ordinance \043013a.doc TUESDAY, APRIL 30, 2013 7 p.m. Apple Valley Municipal Center Regent Conference Room 7100 West 147 Street 1. CALL TO ORDER 2. APPOINTMENT OF ACTING CHAIR TO CONDUCT MEETING 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES OF MONDAY, MAY 4, 2009 5. NOMINATION AND ELECTION OF CHAIR AND SECRETARY 6. DISCUSSION ITEMS: a. ANIMAL ORDINANCES REVIEW 7. OTHER BUSINESS - None - 8. ADJOURNMENT May 28, 2013 7:00 p.m. Staff: Margaret Dykes — Planning and Development 952- 953 -2569 Ben Pierson — Code Enforcement 952 -953 -2571 1. CALL TO 0 A. ID ER URBAN AFFAIRS ADVISORY COMMITTEE MEETING MINUTES MONDAY, MAY 4, 2009 DRAFT 5-5-09 The meeting of the Urban Affairs Committee was brought to order at 6:30 p.m. by the Chair Shirley Doering. Members Present: Barry Berg*, Sandy Breuer, Shirley Doering, Ed Holmes, Sharon Schwartz, Pam Sohlberg and Earl Wilson. * Barry Berg arrived at 6:45 p.m. Members Absent: None Staff Present: Kathy Bodmer, Associate City Planner; Margaret Dykes, Associate City Planner; and Susan Bast, Dakota Valley Recycling. Guests present: Kerfoot Metz, Pennock 4th Addition Townhomes; Rick Morcomb and David Domack, Dick's Sanitation/LSI, Jim Rauschnot , Allied Waste; Eric Dahlager, Waste Management; and Victoria Nelson, resident. 2. APPROVAL OF AGENDA MOTION: Earl Wilson moved, seconded by Pam Sohlberg, to approve the agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF TUESDAY, SEPTEMBER 16, 2008 MOTION: Earl Wilson moved, seconded by Pam Sohlberg, to approve the minutes. The motion carried 6-0. 4. ACTION ITEMS FT RECYCLING/GARBAGE COLLECTION 0 ' INANCE AMENDMENTS Shirley Doering opened the meeting by explaining the procedure for taking public comments. She said that staff would make a presentation and then the Committee would take public comments. Staff made a presentation to the Committee which discussed the history of the proposed ordinance amendments along with the results of the on-line resident survey. Staff stated that the survey showed strong support for amending the ordinance as previously recommended by the Committee. Barry asked what happens when a collection day falls on a holiday. He said the ordinance clearly lays out that garbage is to be collected Monday through Friday only. Ed Holmes S:\planning\Urban Affairs\050409m.doc 1 of 5 DRAFT 5-5-09 commented that the ordinance provides for flexibility in the schedule during weeks when there is a holiday. Sharon Schwartz said she never received notice of the survey. She was concerned that residents may not have known about the survey. Next, Shirley said that the Committee would take comments from the audience. Kerfoot Metz said that he lives in a townhome and that the City needed to remember that there are many townhomes in Apple Valley. He said that he is concerned about the size of the container. He stated that he was also concerned about seniors having to set their garbage at the curb. He said he is also opposed to biweekly recycling collection. Pam said that she was concerned about the 3rd, 4th and 5th bins. Jim Rauschnot, Allied Waste, said there are six holidays per year when the regular hauling schedule is shifted. He said Allied informs its customers that garbage and recycling will be collected on the following day. Jim said that the issues of bin sizes for townhomes and walk-up garbage collection can be worked out with the hauler. Haulers will work with their customers. Sandy Breuer asked whether haulers would make special arrangements for door-side collection or other accommodations if necessary. The haulers in the audience said yes, that they would. Shirley asked what was done on heavy snow days. Jim from Allied Waste said when snow is really heavy they might pull trucks off of the road and go back and collect once the snow slows and the streets are clear. But taking trucks off the road occurs only a couple of times of year, if it occurs at all. Pam Sohlberg asked whether the resident will see any benefit from the change to biweekly recycling collection. Jim said that the haulers have had to pass on increased costs the last couple of years because of rising fuel prices. He said that if there are cost savings, those savings may be passed on to customers. David Domack, Dick's Sanitation, said that he appreciates the City reviewing the ordinances. He said the garbage hauling industry has changed significantly over the last several years. Haulers are concerned about safety, not leaving trucks unattended, idling time, and efficiency. He noted that one benefit that Dick's has seen is that more cardboard is able to be collected with the single sort recycling method. He concluded by saying that curbside automated collection of garbage and recycling is efficient, saves money, and keeps the community cleaner. Victoria Nelson, a resident, said that she has been attending the Committee meetings and is pleased with the amendments that have been presented. She said she likes the single sort recycling containers and curbside collection. She said that the changes are good for the City. S:\planning\Urban Affairs\050409m.doc 2 of 5 DRAFT 5-5-09 Shirley asked the haulers how long it typically takes for residents to transition into the new program, especially the biweekly recycling collection. Jim said it takes 6 month to a year. Shirley asked whether every resident would be given a garbage cart. Jim said yes, all garbage and recycling collection would be automated, so the haulers distribute garbage and recycling carts that work with the collection arm. Ed asked how the haulers deal with overflow. He said that sometimes if there is more garbage than can fit into the container, the resident will place his/her own container beside the cart. Jim said the haulers would jump out and either empty the can directly into the truck, or empty the can into the automated cart and then dump it into the truck. Barry asked how overstuff containers are handled. Jim said if necessary, the hauler will get out of the truck and take the top bags out of the container and throw them into the truck. Other times, the haulers can simply empty the can into the truck. If bags fall off, the hauler will clean it up. Barry asked whether the haulers would use a single pass truck for garbage, recycling and yard waste. The haulers in the audience said no, they would use separate trucks for each item. Lastly, Barry asked what would happen if someone set out their recycling on an off week? Jim said, in general, haulers will sometimes make a special trip if someone missed a collection week. However, he said that they would not generally make the separate trip. He said, to some extent, the resident needs to become "trained" to get used to the every other week collection. He said it takes about 3 to 6 months. Sharon said she had a practical question. She asked whether a person could really throw a milk jug, then a newspaper, then a pop can straight into the bin. What happens if the items are placed in plastic or paper bags. Jim said the use of plastic bags is not good because they can get tangled up in the sort facility equipment. He said the use of paper bags is no problem at all. He said, again, this would all be part of the customer education process. Pam said she continued to be concerned about biweekly recycling collection. She said she is concerned about putrescence and odor if recycling sits for two weeks. She asked, since the haulers are saving money collecting every other week, would there be a reduction in rates. Jim said if there are savings, some of those savings might be passed on to customers. The committee noted that one benefit of the City changing to curbside collection is that it may lead to more haulers to want to haul in Apple Valley, thereby creating more competition, and more cost savings. Barry said that that there is a difference between weekly and biweekly collection. He said that there are different impacts on the environment. He said it takes a truck of the road every other week and encourages more recycling. S:\planning\Urban Affairs\050409m.doc 3 of 5 DRAFT 5-5-09 Sharon asked whether there were any other cities in the metro area that had single sort weekly recycling collection. Jim said that to his knowledge, only Oakdale has weekly single sort collection. Sharon said she wanted to discuss biweekly collection in more detail. Earl noted that the survey indicated that 80% of the respondents supported biweekly collection. Ed said that because the containers are covered, odor would be less of an issue. He said he likes the idea of biweekly single sort recycling collection. Sharon said she continues to be concerned because she fills up her 18-gallon tub every week now. She said not having room in the garage for another container is due to the fact that she has a smaller two-car garage. It isn't a matter of having a bunch of stuff. She said she just doesn't have room. She doesn't like biweekly collection. Earl commented that 80% of the survey respondents supported biweekly collection. He said he understood the concern for people with smaller garages. But there was overwhelming support for biweekly collection. Sharon said the problem with not having room available inside of a garage would lead to storing containers outside. She said if that is the case, she is concerned about compliance with the City's screening requirements. Shirley noted that no ordinance is perfect, that some will continue to have concerns. However, based on information that has been provided by the haulers, the public, and staff, she said she felt that the Committee is headed in the right direction. Barry said he was concerned about voting for the ordinance amendment as one unit and instead preferred to vote on each of the amendments separately. A discussion ensued about how to vote on the proposed ordinance. Sandy said that she takes the results of the survey seriously and that there is overwhelming support for the amendments. She said she felt that the best way to take action on the item before the Committee would be to represent the members of the community. She said she needed to vote in view of how 80% of the community responded. Sharon asked whether Sue Bast could foresee any additional materials being added to the recycling stream. Specifically she asked whether yogurt and margarine containers would be added. Sue said there is no market at this time for that plastic, so it can't be recycled yet. Sue said at one time St. Paul took old clothing, but she wasn't sure if that was currently being collected. Sue also noted that 6 or 7 communities are collecting household organic waste in conjunction with yard waste. Other than that, Sue said she wasn't aware of any materials being added to the waste stream. MOTION: Earl Wilson moved, seconded by Sandy Breuer, to receive the results of the on-line resident survey and to reiterate the Urban Affairs Committee's recommendation of approval of the draft ordinance amending Chapter 50 of the City Code and that it be forwarded to the City Council for adoption. S:\planning\Urban Affairs\050409m.doc 4 of 5 Pam said she still had a concern about bi-weekly collection of recyclables. She indicated that the every other week collection affects the size of the container, making it necessary to use larger recycling containers. She stated that the larger containers are difficult for some residents to store. Secondly, she was concerned about putrescence and that every other week collection of recyclables would result in odor and decay. Barry said he continues to be concerned about the switch to curbside recycling. He said that curbside recycling will be difficult for seniors and those with disabilities. The motion carried 6 to 1 (Schwartz). Sharon stated that her no vote was based on the provision for biweekly collection of recyclables. She said she would like recycling to be collected weekly. She said that if the City is trying to promote recycling, then weekly collection is warranted. She said that the volume of recyclables may grow so that weekly collection will be warranted. 5. OTHER BUSINESS Shirley welcomed Ed Holmes, a new member, to the Committee. 6. ADJOU MENT MOTION: Earl Wilson moved, seconded by Sandy Breuer to adjourn. The meeting adjourned at 7:44 p.m. S:\planning\Urban Affairs\050409m.doc 5 of 5 DRAFT 5-5-09 6 City of Apple Valley TO: Urban Affairs Committee Members FROM: Margaret M. Dykes, Planner MEETING DATE: April 30, 2013 SUBJECT: Committee Reappointments and Election of Officers Community Development Department Committee Reappointments On February 28, 2013, the City Council reappointed Barry Berg, Sandy Breuer, and Shirley Doering to the Urban Affairs Committee (UAC) for a term expiring March 1, 2016. Attached to this memo is the resolution listing the members' terms. Election of Officers In 2010, the City Council passed Ordinance 880 (attached), which clarified the establishment, terms, and organization of committees. It also passed resolution 2010-43 (attached), which established the purpose, terms, and duties of the UAC. All Committees need to elect officers for a period of one year. Because the Committee has not met since 2009, it must elect officers. Regretfully, Shirley Doering, who has served as chair in the past, has resigned from the UAC. The City Council will be asked to appoint a new member as quickly as possible, but, for the time being, the UAC will serve with six members. Recommended Action Staff recommends that the UAC nominate and elect from among themselves the following officer positions to serve for a one year, from April 2013 to March 2014: 1. Chair 2. Secretary 1 S:\planning\Urban Affairs\2013 Animal Ordinance\043013 UAC appts officers.doc Item # MEMO RESOLUTION APPOINTING URBAN AFFAIRS ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Urban Affairs Advisory Committee; and WHEREAS, Urban Affairs Advisory Committee members hold three-year terms; and the terms of Barry Berg, Sandy Breuer, and Shirley Doering expire March 1, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Barry Berg, Sandy Breuer, and Shirley Doering are hereby appointed to the Urban Affairs Advisory Committee for a term expiring March 1, 2016. BE IT FURTHER RESOLVED that members of the Urban Affairs Advisory Committee are then as follows: ATTEST: 616- Name 1. Pamela Sohlberg 2. Earl Wilson 3. Edwin Holmes 4. Sharon Schwartz 5, Barry Berg 6. Sandy Breuer 7. Shirley Doering 'VS Pamela J. Gtstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2013-48 ADOPTED this 28th day of February, 2013. Term Expires March 1, 2014 March 1, 2014 March 1, 2015 March 1, 2015 March 1, 2016 March 1, 2016 March 1, 2016 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III, ENTITLED "ADMINISTRATION" BY AMENDING CHAPTER 32 REGARDING COMMISSIONS, BOARDS, AND DEPARTMENTS The City Council of Apple Valley ordains: CITY OF APPLE VALLEY ORDINANCE NO. 880 Section 1. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.01 through 32.04. Section 2. Apple Valley City Code, Chapter 32, is hereby amended by adding Sections 32.01 through 32.04 to read as follows: § 32.01 ESTABLISHMENT. The Council may create commissions and boards to assist and advise the Council with respect to the administration of any city functions or activity or to investigate any subject of interest to the City as defined by the Council. The creation of any commission or board not established by this Code shall be by resolution of the Council and the resolution shall set forth the purpose and duties of the commission or board. No commission or board shall have any decision-making power; a commission or board created hereunder is an advisory body to Council. § 32.02 MEMBERSHIP, TE COMMISSIONS AND BOARDS S, AND COMPENSATION. (A) Unless otherwise established by specific language in this Code related to a specific commission or board, the terms of this section shall apply. (B) Number. A commission or board shall consist of not more than seven members. All members of the commission or board shall be residents of the City, and the members shall be appointed by the Council. (C) Terms. Members of the commission or board and their successors shall serve terms of three years, except that of the first seven members appointed following creation of the commission or board, three shall be appointed for three-year terms, two for two-year terms and two for a one-year term. A member's term shall expire on March 1 of the year of expiration of his/her term or until the successor is appointed, whichever is later. (D) Removal. Members may be removed by the Council without cause. (E) Vacancies. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. (1?) Oath. Every appointed member, before entering upon the discharge of his or her duties, shall take an oath that he or she will faithfully discharge the duties of the commission or board to which he/she is appointed. (G) Compensation. All members shall serve without compensation; however, they shall be reimbursed for all expenses and costs necessarily incurred in connection with their duties. § 32.03 ORGANIZATION, MEETINGS, AND REPORTS. (A) Organization. Each commission or board shall elect a presiding officer and a secretary from among its appointed members for a term of one year; and the commission or board may create and fill other offices if the Council empowers by resolution the commission or board to do so. (B) Meetings, The Council shall set forth by resolution the frequency with which the commission or board will meet. (C) Reports. On or before April 1 of each year, the commission or board shall submit to the Council a report of its work during the preceding year. Expenditures of the commission or board shall be within amounts appropriated for the purpose by the Council. § 32.04 EXISTING COMMISSIONS OR BOARDS. Commissions or boards existing upon adoption of this Ordinance shall all have staggered terms for appointees. Beginning with the next appointment of members for any commission or board without staggered terms, three of the new appointees shall be appointed for three-year terms, two for two-year terms and two for a one-year term. Thereafter, each appointment to a commission or board shall be for a three-year term as set forth hereinabove. Section 3. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.50 through 32.54. ATTEST: Section 4. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by City Council this lith day of February, 2010. dia, 6a- Pamela J. Ga stetter, City Clerk f FJPIPIF 2 oland, Mayor PUBLIC NOTICE CITY OF APPLE VALLEY ORDINANCE IVO. 884 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III, ENTITLED "ADMINISTRATION" BY AMENDING CHAPTER 32 REGARDING COMMISSIONS, BOARDS AND DEPART- MENTS • The City Council of Apple Valley ordains: Section 1. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.01 through 32.04. Section 2. Apple Valley City Code, Chapter 32, is hereby amended by adding Sections 32.01 throUgh 32.04 to read as follows: COMMISSIONS AND BOARDS § 3241 ESTABLISHMENT. The Council may Create commissions and boards to assist:and advise the Coun- cil with respect to the administration of any city functions or activity or to investigate any subject of interest to the City as defined by the Council. The creation of any commission or board not established by this Code shall be by resolution of the Council and the resolution shall set forth the purpose and duties of the commission or board. No commission or board shall have any decision-maleng power; a com- mission or board created hereunder is an advisory body to Council. § 32.02 MEMBERSHIP, TERMS, AND COMPENSATION. (A) Unless otherwise established by spe- cific language in this Code related to a spe- cific commission or board, the terrns of this section shall apply. • (B) Number. A commission or board shall consist of not more than seven members. All members of the commission or board shall be residents of the City, and the members shall be appointed by the Coun- cil. (C) Terms. Members of the commission or board and their successors shall serve terms of three years, except that of the first seven members appointed following cre- ation of the commission or board, three shall be appointed for three-year terms, two for two-year terms and two for a one-year term. A member's term shall expire on March 1 of the year of expiration of his/her term or until the successor is appointed, whichever is later. (D) Removal. Members may be removed by the Council without cause. (E) Vacancies. Vacancies during the term shall be filled by the Council for the unex- , pired portion of the term. (F) Oath. Every appointed member, before entering upon the discharge of his or her duties, shall take an oath that he or she will faithfully discharge the duties of the commission or board to which he/she is appointed. (0) Compensation. All members shall serve without compensation; however, they shall be reimbursed for all expenses and costs necessarily inctirred in connection with their duties. § 32.03 ORGANIZATION, MEETINGS AND REPORTS.' (A) Organization. Each commission or board shall elect a presiding officer and a secretary from among its appointed mem- bers for a term of one year; and the com- mission or board may create and fill other offices if the Council empowers by resolu- tion the commission or board to do so. (B) Meetings. The Council shall set forth by resolution the frequency with which the commission or board will meet. (C) Reports. On or before April 1 of each year, the commission or board shall submit to the Council a report of its work during the preceding year. Expenditures of the commission or board shall be within ' amounts appropriated for the purpose by - . - 0-OMMigSIONS OR CorniffeirOns or boards existing upon adoption of this Ordinance shall all have terns for appointees Beginning', wfth the riot appOinttnent of members for Notary Public any commission or board without stag- gered terms, three of the new appointees shall be appointed for three-year terms, two for two-year terms and two for a one-year term. Thereafter, each appointment to a commission or board shall be for a three-year term as set forth hereinabove. Section 3. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.50 through 32.54. Section 4. Effective Date. This ordinance shaillake effect-upon its passage and pub- lication. • PASSED by City Council this 11th day of February, 2010. Mary Hamann-Roland, Mayor ATTEST:, Pamela J. Gackstetter, City Clerk 2076495 , . ,2/19/10 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as Thisweek Apple Valley/Rosemount, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has(have) complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice: which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Friday, the 19th day of February, 2010, and was therefore printed and published , on every Friday to and including Friday, the 19th day of February, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Subscribed and sworn to before me on this 19th day of February, 2010 abalefg.hijIdmnopqrstuvwxyz Managing Editor br-':':' 'i.-2,11in-ntrY - 2076495 SS A RESOLUTION ESTABLISHING THE PURPOSE, DUTIES, AND MEMBERSHIP TERMS OF THE APPLE VALLEY URBAN AFFAIRS ADVISORY COMMITTEE WHEREAS, pursuant to Minnesota Statutes, §412.621, the City of Apple Valley has the authority to create boards and commissions to advise the Council with respect to any municipal function or activity or to investigate any subject of interest to the City; and WHEREAS, pursuant to its authority under Minnesota Statutes, the City adopted Apple Valley City Code Sections 32.01 through 32.04, Apple Valley Ordinance No. 880 on February 11, 2010, under which the creation of any board and commission must be pursuant to a duly adopted resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Apple Valley Urban Affairs Advisory Committee is duly established, subject to any applicable City Code provisions governing boards and commissions or said Committee specifically and the following terms: 1. Purpose and Duties of Committee: The Urban Affairs Advisory Committee shall have the purpose and duties imposed upon it herein. The Urban Affairs Advisory Committee shall consider and make recommendations to the Council on any issue as delegated by Council which may not otherwise be considered by another Apple Valley board or commission. The Urban Affairs Advisory Committee will evaluate and make recommendation on general regulatory concerns, City Code amendments, and other matters as assigned by Council. The Urban Affairs Advisory Committee shall also have the purpose and duties imposed upon it by the City Council as may be requested from time to time. The Urban Affairs Advisory Committee shall be advisory to the City Council. 2. Committee Members: The Urban Affairs Advisory Committee shall consist of seven members, all of whom are to be appointed by the City Council. CITY OF APPLE VALLEY RESOLUTION NO. 2010-43 . Term of Appointment: Members shall serve terms of three years of which the first seven members appointed, three are appointed for three-year terms, two for two-year terms, and two for one-year terms. A member's term shall expire on March 1 of the year of expiration of his/her term or until a successor is appointed, whichever is later. 4. Qualification of Member: No person may be a member of the Committee unless the person resides within the City of Apple Valley. If the member moves outside of the City of Apple Valley for purposes of his/her residence, the member shall immediately resign from his/her position on the Committee. ATTEST: 5. Frequency of Meetings: The Urban Affairs Advisory Committee shall meet on an "as needed" basis, and until otherwise amended, the meetings shall be on the fourth Tuesday of the month, and shall be held at 7:00 p.m. Upon the Council's delegation of an issue, the Committee shall set a special meeting called by the Chair or any two members of the Committee, in writing, filed with the Secretary or as agreed upon by a majority of all members of the Committee who are in attendance at a meeting. ADOPTED this 25th day of February, 2010. Pamela J. Ga A ay stetter, City Clerk 2 Mary r ama and, ayor :54 City of Apple Valley TO: Urban Affairs Committee Members FROM: Margaret M. Dykes, Planner MEETING DATE: April 30, 2013 SUBJECT: Review of City Codes Regarding Domestic Animals 1-1:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\2013 UAC memo 1.doc Item # (00.— MEMO Community Development Department Purpose for Meeting At its meeting of October 11, 2012, the City Council directed the Urban Affairs Advisory Committee (UAC) to begin meeting and review the City's existing animal ordinances. The City Council has been asked by residents in single-family residential neighborhoods to review the ordinances so that they may keep animals other than "house pets" on their property. These residents are particularly interested in keeping chickens and goats. The City Attorney has advised that the current standards are open to interpretation and review is needed. Current City Regulations The City Code regulates animals in two sections: the entirety of chapter 91, and references in chapter 155 (the zoning code). • Chapter 91: This chapter pertains primarily to cats and dogs; it does not address other animals. However, if the City Council choses to amend the Code to allow or prohibit animals other than house pets, it would make sense for it to be in this section. Chapter 91 is attached to this memo for review. • Chapter 155: This is the zoning section of the Code and references only "house pets", which is not defined. Section 155.053, which regulates permitted accessory uses in single- family residential neighborhoods, allows "domestic animals commonly kept as 'house pets' for non-commercial purposes, for the use of the occupants of the premises." Staff has interpreted this dogs, cats, small animals kept indoors, etc.; horses can be kept in the "R-1" zones. The Code does not list performance standards relative to the keeping of animals in this chapter. Chickens would generally be considered livestock and are permitted only on those parcels zoned "AG" (Agricultural). Fewer than 60 acres in the City remain zoned for agricultural uses. Several residents have informed us they would like to keep chickens and similar livestock animals, e.g. goats and honeybees, on their residentially zoned property. Other residents have told us they do not want these types of animals kept in residential zoning districts. Other Cities' Regulations The keeping of "backyard" chickens has become especially popular, and many cities now accommodate residents that wish to pursue this activity in single-family residential districts. This issue has been addressed by many Metro cities in the last decade. Attached is a spreadsheet of research done by the City of Cottage Grove in November 2012. The Cottage Grove city staff surveyed 52 cities regarding their ordinances on the keeping of chickens in urban residential neighborhoods. Urban residential lots are generally smaller than 18,000 sq. ft., which approximates Apple Valley's "R-2" zoning district (Single Family Residential/minimum lot size 18,000 sq. ft.). The spreadsheet shows that roughly 1/3 of the cities survey allow chickens to be kept on urban residential lots, generally with permits and limited in number. The keeping of goats, bees, pigs, and similar livestock is prohibited in most cities because those animals are generally seen as more disruptive to residential neighborhoods, and not consistent with the single-family uses. Public Policy Considerations While many cities have considered and approved the keeping of chickens in residential neighborhoods, there are public policy considerations that should be reviewed. 1. Should the City amend its ordinances to allow backyard chickens in residential neighborhoods? 2. Should other animals generally considered livestock or farm animals be allowed in residential neighborhoods? If so, which animals? 3. Is there a minimum lot size to keep chickens? 4. Should there be permits issued to have chickens? Issued administratively or by Council? Should inspections be required when a permit is issued or at renewal? Should the permits be multi-year license or single-year? Fee amounts? 5. Is the City willing to commit the resources to inspect properties where chickens are kept? What about staff resources to respond to complaints? 6. What is the maximum number of chickens per lot? 7. Should there be a coop and/or pen requirement? What are the maintenance requirements of coops and/or runs? Should the City require a minimum or maximum coop size? 8. Should the sale of eggs, chicks, or chickens be allowed or prohibited? 9. How should the City address the treatment of chickens and other livestock? 10. Is slaughtering allowed? 11. What would be requirements for the storage of feed? What are waste disposal expectations? 12. Should the City allow hens only and prohibit roosters? 13. What setback requirements should there be from other residential dwellings not on the property in question? 14. What type of screening and/or fencing should be required? 15. How should the City address issues related to predators, e.g. coyotes, raccoons, skunks, etc. 2 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\2013 UAC memo 1.doc Additional Information Also attached to this memo is information from the Humane Society regarding backyard chickens, a 2012 letter from the University of Minnesota Extension Service regarding backyard chickens, and information from a group called United Poultry Concerns. Next Steps The City Council directed the UAC to review the current ordinance pertaining to animals, and recommend whether amendments should be made to permit certain animals besides dogs, cats and other animals considered house pets. To that end, staff believes the following steps will help the UAC make its recommendation: 1. Review the attached materials. 2. Review the policy considerations. 3. Determine what additional information is needed. 4. Determine if a public meeting is necessary to receive input from residents. 3 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\2013 UAC memo 1.doc CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS General Provisions 91.01 Definitions 91.02 Applicability 91.03 Enforcing officers; interference prohibited 91.04 Rabies control 91.05 Kennels and catteries Regulations for Dogs 91.15 License required 91.16 Issuance of tags 91.17 At large dogs prohibited 91.18 Impoundment of untagged and at large dogs 91.19 Creation of nuisances 91.20 Dangerous and potentially dangerous dogs 91.21 Disposition of certain animals Statutory reference: For provisions concerning authority to regulate, see MS. § 412.221, subd. 21 For provisions concerning cruelty to animals,see M.S. §§ 346.20 et seq. GENERAL PROVISIONS § 91.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Every nonhuman species of animal, both domestic and wild. AT LARGE. Off the premises of the owner and not controlled by leash, confined in a vehicle or caged. BUSINESS DAY. A day during which the City Hall is open to the public. CAT. Any domesticated feline animal, male or female, whole or neutered. CA TTERY. Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three cats over four months of age. DANGEROUS DOG. Any dog that has: (1) Without provocation, inflicted substantial bodily harm on a human on public or private property; (2) Killed a domestic animal without provocation while off the owner's property; or 1 CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS (3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. DOG. Any male or female animal of the dog kind, whole or neutered. HEARING OFFICER. The Apple Valley Community Development Director, or in his or her absence, a designee. HOBBY KENNEL. Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three and not more than six dogs, each over four months of age and weighing less than 20 pounds. KENNEL. Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three dogs over four months of age. OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring an animal. Any person owning or harboring an animal for three consecutive days shall, for the purposes of this chapter, be deemed to be the owner thereof. POTENTIALLY DANGEROUS DOG. Any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person upon the streets, sidewalks or any public property in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. POUNDMASTER. The entity responsible for housing, maintaining and disposing of animals for the city. PRIMARY ENCLOSU " Any building, room, pen, cage or run in which an animal is housed for more than 50% of the time. PROPER ENCLOSURE. An animal is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. An outdoor enclosure shall (1) be fully secured to and embedded no less than two (2) feet into the ground; (2) have a roof or cover fully secured to the sides of the enclosure; and (3) be locked at all times when occupied by the animal. A PROPER ENCLOSU ' does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the 2 CITY OF APPLE VALLEY CODE OF 0 ' 1 INANCES EXCERPT CHAPTER 91: ANIMALS dog from exiting. All enclosures shall comply with all state laws and zoning and building code regulations in this code. PROVOCATION. An act that an adult could reasonably expect may cause a dog to attack or bite. VACCINATION AGAINST RABIES. The inoculation of a dog or cat with a rabies vaccine. The vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine. ('81 Code, § 5-1) (Ord. 145, passed 6-24-74; Am. Ord. 368, passed 9-25-86; Am. Ord. 523, passed 10-24-91; Am. Ord. 616, passed 6-6-96; Am. Ord. 825, passed 11-20-07; Am. Ord. 829, passed 1-24-08; Am. Ord. 847, passed 10-9-08) § 91.02 APPLICABILITY. The provisions of this chapter shall apply throughout the city, except that it shall not apply to any animal within the property of the Minnesota Zoological Garden, owned or under the control of the Minnesota Zoological Garden. ('81 Code, § 5-2) (Ord. 145, passed 6-24-74; Am. Ord. 191, passed 6-6-77) § 91.03 ENFORCING OFFICERS; INTERFERENCE PROHIBITED. (A) Enforcement officers; powers. Any sworn police officer or community service officer shall have full authority to enforce the provisions of this chapter, and shall have the specific authority to issue a citation in lieu of arrest or continued detention in the event of a violation of this chapter. ('81 Code, § 5-3) (Am. Ord. 407, passed 12-10-87; Am. Ord. 829, passed 1-24-08) (B) Interference with officials prohibited. It shall be a violation of this chapter for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any dogs or other animals therefrom, or to take or attempt to take from any officer any dog or other animal taken up by the officer in compliance with this chapter, or in any manner to interfere with or hinder the officer in the discharge of his or her duties under this chapter. ('81 Code, § 5-4) (Ord. 145, passed 6-24-74; Am. Ord. 829, passed 1-24-08) § 91.04 BIES CONTROL. (A) Every dog or cat, four months of age and older, shall be vaccinated against rabies. The cost of rabies vaccination shall be borne by the owner of the dog or cat, whichever is applicable. (B) Every dog and cat which is not vaccinated at the time of its acquisition or transportation into the city shall be vaccinated within 30 days of acquisition or arrival, whichever is applicable, unless the dog or cat is under four months of age. 3 CITY OF APPLE VALLEY CODE OF 0 ' 1 INANCES EXCERPT CHAPTER 91: ANIMALS (C) Every dog shall be vaccinated thereafter at not more than 36-month intervals with a live rabies vaccine or at not more than 12-month intervals with an inactivated rabies vaccine. Every cat shall be vaccinated thereafter at not more than 36-month intervals regardless of the type of vaccine used. (D) A metal or durable plastic current rabies vaccination tag, issued by the attending veterinarian, shall be securely attached to the collar or harness of the dog or cat by the owner. Whenever the dog or cat is out of doors, whether on or off the owner's premises, the collar or harness with the vaccination tag must be worn. In addition, the owner may be requested to provide a current certificate of rabies vaccination issued by the veterinarian. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. (E) The provisions of this chapter with respect to vaccination shall not apply to any dog or cat temporarily remaining within the city for less than 30 days, or to any dog or cat brought into the city for field trial or show purposes. Dogs and cats shall be kept under strict supervision by the owner. However, it shall be unlawful to bring any dog or cat into the city under circumstances which are not in compliance with the animal health laws and import and exhibition regulations of the state which are applicable to dogs or cats. (F) Any dog or cat found off the owner's premises and not wearing a valid rabies vaccination tag may be impounded. Impoundment and disposition of all animals shall be the same as provided for dogs in this chapter. Any dog or cat which is impounded pursuant to this division shall be released to its owner upon payment of the impounding fees and the costs of feeding and caring for the animal on a per day basis, as specified in the appendix to Chapter 35, and by compliance with the rabies vaccination requirements of this chapter. If the owner of a dog or cat impounded because of the absence of a valid rabies vaccination tag claims that his or her animal has been vaccinated, the owner may reclaim the animal upon production of proof of vaccination, payment of all fees, as described above, and acquisition of a valid rabies vaccination tag. (G) Whenever any dog or cat has bitten a person, the owner, having been so notified either orally or in writing, must: (1) Provide a certificate of current rabies inoculation; and (2) Immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. (a) During the quarantine, the dog or cat shall be securely confined in a building or a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. 4 CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS If the dog or cat shows signs of illness or if it escapes, the animal control officer or Police Department must be notified immediately. (b) The confinement, testing and treatment costs, in addition to all other expenses incurred, as a result of a dog or cat biting a person shall be at the expense of the owner of the animal. (c) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. In the event that the dog or cat is rabid, it may be disposed of as provided under § 91.21. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the University Diagnostic Lab to be determined if the animal has been infected with rabies. (H) Nothing in this section shall be read as to conflict with the requirements of § 91.21 as it pertains to the disposition of animals. ('81 Code, § 5-5) (Ord. 145, passed 6-24-74; Am. Ord. 261, passed 11-12-81; Am. Ord. 522, passed 10-24-91; Am. Ord. 573, passed 4-28-94; Am. Ord. 887, passed 4-8-10) Statutory reference: For provisions concerning rabies control, see M.S. § 35.67 et seq. § 91.05 KENNELS AND CATTERIES. (A) Permit required. No person shall operate or maintain a hobby kennel, kennel or cattery in the city without first securing a permit as provided herein. Application for the permit shall be made to the City Clerk and shall be accompanied by the origination fee specified in the appendix to Chapter 35. The City Clerk shall refer the application to the City Council which may grant or deny the request. (B) Term and fee. Permits shall expire on December 31 of each year and application for renewal shall be accompanied by the annual fee specified in the appendix to Chapter 35. The fee for permits granted after commencement of the permit year shall be prorated on a quarterly basis. (C) Application. The application for a hobby kennel, kennel or cattery permit shall state the name and address of the owner, the location where the hobby kennel, kennel or cattery is to be kept, the number of dogs or cats proposed to be kept and a scale drawing and description of the primary enclosure in which the dogs or cats are proposed to be kept. (D) Minimum standards. The provisions of M.S. §§ 346.35 through 346.44, cited as the Pet and Companion Animal Welfare Act, shall be the minimum standards required for the care and keeping of dogs and cats. 5 CITY OF APPLE VALLEY CODE OF 0 • 1 INANCES EXCERPT CHAPTER 91: ANIMALS (E) Hobby kennel requirements. No permit shall be granted to any owner for the operation of a hobby kennel unless the primary enclosure within which the dogs are to sleep, eat and exercise is contained entirely within the principal structure on the premises. (F) Kennel requirements. No permit shall be granted to any owner for the operation of a kennel unless the primary enclosure within which the dogs are to sleep, eat and exercise shall be enclosed completely with a wire mesh fence at least six feet in height and of sufficient gauge to insure the dogs' confinement. No kennel shall be constructed or operated within 500 feet of any residential dwelling other than the owner's. (G) Cattery requirements. No permit shall be granted to any owner for the operation of a cattery unless the primary enclosure within which the cats are to sleep, eat and exercise is contained entirely within the principal structure on the premises. In addition, any application for a cattery to keep more than six cats over four months of age shall be subject to the kennel requirements contained in division (E) above. (H) Health and sanitation conditions. Every kennel or cattery shall be maintained and operated in clean and healthful condition at all times and shall be open to inspection by any health officer, animal control officer or other person charged with enforcement of the city code or any health or sanitary regulation of the city. All refuse, garbage and animal waste shall be removed at regular intervals so as to keep the surrounding area free of obnoxious odors. (I) Nuisance prohibited. No owner shall permit any of the animals to create any habitual noise from barking, crying, howling or screeching, or create any disturbance or nuisance of any kind whatsoever which unduly impairs the quiet and peaceful enjoyment of the surrounding area by other residents. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. (J) Exclusions. Commercial animal establishments, pet shops and veterinary clinics do not require permits under this section. (K) Revocation. Any kennel or cattery permit may be revoked by the Council by reason of any violation of the city code or by reason of the violation of any health or nuisance ordinance, order, law or regulation. (L) Appeal. Any person aggrieved by the action of the city or any person whose permit has been revoked without notice may appeal to the Council by filing, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on the appeal and notice of the hearing shall be given to the person appealing by mailing, to the address set forth on the application, written notice at least seven days prior to the hearing. ('81 Code, § 5-12) (Ord. 145, passed 6-24-74; Am. Ord. 304, passed 10-13-83; Am. Ord. 368, passed 9-25-86; Am. Ord. 523, passed 10-24-91; Am. Ord. 887, passed 4-8-10) 6 CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS Statutory reference: For provisions concerning state agency license requirements, see MS. 5CY 347.32 and 347.34 REGULATIONS FOR DOGS § 91.15 LICENSE REQUI D. (A) No owner shall keep any dog, six months of age and older, within the city unless a license therefor has first been secured. Licenses shall be issued for a two-year term by the Police Department, for the fee as specified in the appendix to Chapter 35. (B) Every application for a license shall be accompanied by a certificate from a duly licensed veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with § 91.04. (C) An applicant for a license for a neutered male or spayed female dog shall present a statement from a qualified veterinarian indicating that the dog has been neutered or spayed and giving the date of the operation. (D) Licenses shall expire on December 31 of every other year. (E) It shall be the duty of each owner of a dog to pay the license fee to the City Clerk before January 1 in the year following expiration of the current license, or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the city. (F) Upon payment for the license, the City Clerk shall give an original receipt to the person who pays the fee, retaining a duplicate. (G) No applicant, including members of applicant's immediate family, residing with applicant, shall be issued more than three licenses except: (1) Upon securing a permit to operate a kennel; or (2) One additional license may be issued (making a total of four dog licenses) if the applicant supplies information to and receives approval by the Chief of Police establishing that one of the four dogs is used primarily for assistance to the legally blind or primarily by a licensed peace officer in the performance of the officer's duties. (H) Holders of kennel permits are hereby exempted from the duties of obtaining individual licenses as herein specified. ('81 Code, § 5-6) (Ord. 145, passed 6-24-74; Am. Ord. 261, passed 11-12-81; Am. Ord. 304, passed 10-13-83; Am. Ord. 410, passed 1-14-88; Am. Ord. 825, passed 11-20-07) Statutory reference: For provisions concerning regulations for dog houses, see M.S. § 347.23 7 CITY OF APPLE VALLEY CODE OF 0 • INANCES EXCERPT CHAPTER 91: ANIMALS § 91.16 ISSUANCE OF TAGS. (D) Transfer. Dog tags shall not be transferable. (A) Issuance. The City Clerk shall procure a sufficient number of suitable tags, which tags shall indicate the year for which the license fee is paid and shall deliver one appropriate tag to the owner when the fee is paid. (B) Affixing. The owner shall cause the tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in a manner that the tag may be easily seen. The owner shall see that the tag is constantly worn by the dog. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. (C) Duplicates. In case any dog tag is lost, a duplicate shall be issued by the City Clerk for a fee as specified in the appendix to Chapter 35 and upon presentation of a receipt showing payment of the license fee for the current period. (E) Refund. No refunds shall be made on any dog license fee. (F) Offenses involving. It shall be unlawful to counterfeit or attempt to counterfeit the tags or take from any dog a tag legally placed upon it by its owner with the intent to place it on another dog, or to place the tag upon another dog. ('81 Code, § 5-7) (Ord. 145, passed 6-24-74; Am. Ord. 260, passed 10-22-81; Am. Ord. 304, passed 10-13-83; Am. Ord. 887, passed 4-8-10) § 91.17 AT-LARGE DOGS PROHIBITED. No dogs shall be permitted to run at large in the city at any time. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. (Am. Ord. 887, passed 4-8-10) § 91.18 IMPOUNDMENT OF UNTAGGED AND AT-LARGE DOGS. (A) Impounding. The city may seize, impound or restrain any unlicensed dog or any dog without an affixed license tag or any dog running at large found in the city. The fact that a dog is without a tag attached to a collar shall be presumptive evidence that the dog is unlicensed. To enforce this chapter, sworn police and community service officers are authorized to enter upon any public or private property on which they have reasonable cause to believe a dog that is not licensed or tagged or running at large is present. 8 CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS (B) Notice to owner. The officer who seized, impounded or restrained a dog pursuant to this section shall, without delay, notify the owner, personally or through the United States mail, if the owner be known to the officer or can be ascertained with reasonable effort. If the owner be unknown or cannot be ascertained, then the officer shall post written notice in three public places in the city, giving a description of the dog, stating where it is impounded and the condition for its release. (C) Redemption. All dogs seized, impounded or restrained pursuant to this section must be held by the poundmaster for redemption by the owner for at least five regular business days of the pound. For the purpose of this division, "regular business day" means a day during which the pound is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. If, after the five regular business days, the owner does not claim the dog, then any right of redemption shall be deemed to have been waived and the dog shall be disposed of as provided in division (D) below. Any impounded dog shall be released to the owner upon presentation of a current license tag or a receipt for a dog license for the current year and upon payment of the impounding fee and fees for the cost of feeding and caring for the animal, on a per day basis, as specified in the appendix to Chapter 35. (D) Disposition of unclaimed dogs. Any dog which is not claimed within the five-day period, as defined in division (C) above, must be made available to any licensed institution which has requested the dog as required by M.S. § 35.71. If a tag affixed to the dog or a statement by the dog's owner after the dog's seizure specifies that the animal may not be used for research, the dog must not be made available to any institution and may, in the discretion of the pound, be sold for not less than the amount provided in division (C) above to anyone desiring to purchase the dog or be destroyed after the expiration of the five-day period. ('81 Code, § 5-8) (Ord. 145, passed 6-24-74; Am. Ord. 304, passed 10-13-83; Am. Ord. 522, passed 10-24-91) Cross-reference: Control of pets, see § 151.29 Statutory reference: For provisions concerning dogs at large during rabies proclamation, see M.S. § 35.69 For provisions concerning the seizure of unlicensed dogs, see M.S. § 347.14 § 91.19 CREATION OF NUISANCES. The following are deemed public nuisances: (A) Noise. No person shall keep or harbor any animal which habitually barks, cries, whimpers or otherwise emits loud or unusual noises. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. 9 CITY OF APPLE VALLEY CODE OF ORDINANCES EXCERPT CHAPTER 91: ANIMALS (B) Damage and litter. No owner of any animals shall permit the animal to damage or litter any lawn, garden, sandbox or other property. (C) Attacking and biting. The owner of an animal is in violation of this chapter if the animal has: (1) When unprovoked, bitten a person or domestic animal on public or private property; or (2) When unprovoked, chased or approached a person upon the streets, sidewalks or any public property in an apparent attitude of attack. ('81 Code, § 5-10) (Ord. 145, passed 6-24-74; Am. Ord. 406, passed 12-10-87; Am. Ord. 522, passed 10-24-92; Am. Ord. 887, passed 4-8-10) Statutory reference: For provisions concerning dogs molesting people and nuisances, see M.S. § 347.04 § 91.20 DANGEROUS AND POTENTIALLY DANGEROUS DOGS. (A) MS. §§ 347.50 through 347.565 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of M.S. §§ 347.50 through 347.565 (commonly referred to as the dangerous dog regulations), as amended through Laws 2008, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof, and regulatory provisions regarding microchip identification, notice of dog's death or relocation, dangerous dog on rental property, sale of dangerous dog and dog sterilization. (B) Declaration of potentially dangerous or dangerous dog. (1) A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog potentially dangerous or dangerous shall be delivered or mailed to the owner of the dog, or a copy thereof posted at the place where the dog is kept, or delivered to a person residing on the property where the dog is kept, and telephoning, if possible. The officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of service, to the City Clerk. (2) For purposes of a notice declaring a dog potentially dangerous or dangerous, the notice must include a copy of the provisions of this section and M.S. §§ 347.50 through 347.565, and a form, with instructions, to request an appeal of the declaration of the owner's dog as potentially dangerous or dangerous. (3) Beginning 180 days from the date a dog is declared potentially dangerous or dangerous, or the date of the hearing officer's written findings of fact and conclusion affirming the declaration of the dog as potentially dangerous or dangerous, or the date the owner appeals the notice of the declaration, the dog owner may request annually that the city review the 10 (C) Appeal. CITY OF APPLE VALLEY CODE OF 0 ' 1 INANCES EXCERPT CHAPTER 91: ANIMALS designation. The owner shall provide clear and convincing evidence that the dog's behavior has changed due to the dog's age; neutering; environment; completion of obedience training that includes modification of aggressive behavior; or other factors rendering the dog no longer dangerous. The hearing officer shall review the evidence without hearing, and if the hearing officer finds sufficient evidence that the dog's behavior has changed, and the dog is no longer potentially dangerous or dangerous; the hearing officer may rescind the designation. (1) Any owner of a dog declared potentially dangerous or dangerous may appeal the declaration by serving upon the City Clerk, within 14 business days of receipt of the notice declaring the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a written notice of appeal. (2) The appeal hearing shall be heard by the hearing officer within 14 days of the city's receipt of the dog owner's request to appeal the designation. The appeal hearing shall be conducted in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. (3) After considering all evidence submitted and within ten days after the hearing, the hearing officer shall make written findings of fact and conclusion as to whether the dog is a potentially dangerous or dangerous dog. The hearing officer's decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical. (4) An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. ('81 Code, § 5-11) (5) If a dangerous dog designation is upheld by the hearing officer, the dog owner shall pay the city's actual expenses of the hearing, not to exceed $1,000. (D) Requirements for dangerous or potentially dangerous dogs. Immediately upon receipt of the notice declaring the dog dangerous, the owner shall confine the dog in a proper enclosure as defined herein and shall notify the city in writing of the dog's subsequent death or relocation. If no timely appeal is received by the City Clerk within the time limits prescribed herein or the dog's owner is deemed to have otherwise waived his or her right to appeal the declaration, or the hearing officer has upheld the declaration, then the owner shall immediately comply with the requirements of this chapter, the provisions of M.S. §§ 347.50 to 347.565 and the following: (1) Implant a microchip in the dog for identification, and provide to the city the name of the microchip manufacturer and identification number. All costs related to the purchase and implantation of the chip must be paid by the dog's owner; (2) Continue to confine the dog in a proper enclosure; 11 CITY OF APPLE VALLEY CODE OF 0 " 1 INANCES EXCERPT CHAPTER 91: ANIMALS (3) Muzzle and restrain the dog on a substantial leash not to extend more than six feet, whenever outside of the proper enclosure. The muzzle must be made in a manner that will prevent the dog from biting any person or animal, but that will not cause injury to the dog or interfere with its vision or respiration; (4) Notify the Police Department, in writing, of the death, sale, relocation or transfer of the dog within 14 days of the death, transfer, relocation or sale. If requested by the city, the dog's owner shall execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred and the address where the dog has been relocated or is being kept; (5) Present a certificate of liability insurance issued by an insurance company authorized to conduct business in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog, in the amount of at least $300,000; (6) Provide written proof that the owner's insurance provider has been notified, in writing, of the declaration of the potentially dangerous or dangerous dog; and (7) A dangerous dog shall be sterilized at the owner's expense. If the owner does not have the animal sterilized and provide the city verification thereof within 30 days, the city shall seize the dog and have it sterilized at the owner's expense. The owners of all dogs found to be dangerous or potentially dangerous by another city or jurisdiction must notify the Police Department with 14 days of moving into the city, and must follow the requirements of § 91.20(D). All dogs declared dangerous shall be housed or kept only on property zoned industrial (I-1 and 1-2). The owner shall not allow the dog, whether muzzled or in its proper enclosure, to be found in any area not zoned industrial. (E) Prohibition in residential areas. No person may house or keep a dangerous dog on property zoned residential. (F) Regulatory and procedural responsibility. (1) In accordance with Minnesota law, the city is responsible for the regulatory and procedural provisions for potentially dangerous and dangerous dogs pursuant to M.S. §§ 347.50 to 347.565, as amended through Laws 2008, which are hereby incorporated herein and adopted by reference in its entirety. (2) The owner of a dangerous dog for which a certificate of registration is required under this chapter shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as specified in the appendix to Chapter 35. 12 CITY OF APPLE VALLEY CODE OF 0 ' 1 INANCES EXCERPT § 91.21 DISPOSITION OF CERTAIN ANIMALS. CHAPTER 91: ANIMALS (3) This section shall control if there is any conflict or inconsistency with M.S. §§ 347.50 et seq. (G) Destruction of dangerous dog. The hearing officer is authorized to order the destruction of the dog upon a finding that the dog has been declared dangerous, the owner's right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of M.S. §§ 347.50 through 347.565 and the provision of the city code. (Am. Ord. 717, passed 6-27-02; Am. Ord. 825, passed 11-20-07; Am. Ord. 845, passed 9-11-08; Am. Ord. 847, passed 10-9-08) (A) Officer's orders. The hearing officer is authorized to order the destruction or other disposition of any animal upon a finding that: (1) The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (2) The animal has habitually barked, cried, whimpered or otherwise emitted loud or unusual noises or is otherwise kept within the limits of the city in violation of the provisions of this chapter; or (3) The animal has been found to be infected with rabies. (B) Officer's findings. In the event the hearing officer waives authority under this division, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this county. The judge shall issue a summons directed to the owner or person having possession of the animal commanding the person to appear before the judge to show cause why the animal should not be seized and killed or otherwise disposed of by the poundmaster, or any police officer or animal warden. The summons shall be returnable not more than five days from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon the hearing and finding of the facts true as complained of, the judge may either order the animal killed or order the owner to remove it from the city or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animals. Costs of the proceedings specified by this section shall be assessed against the owner of the animal, if the animal is found to be kept in violation of any of the terms of this chapter. (C) Notice and hearing. The hearing officer, after having been advised of the existence of the animal, as defined above, by sworn complaint and having decided to retain its authority under this division, shall proceed as follows: (1) The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this section and where applicable, the dates, times and 13 CITY OF APPLE VALLEY CODE OF 0 INANCES EXCERPT CHAPTER 91: ANIMALS places of animals or persons bitten, attacked, injured or disfigured, or of other violations, and shall be given 14 days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten days of the notice, the hearing officer shall make findings and issue an appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. (2) If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the hearing officer at a date not more than 14 days after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the hearing officer shall make an appropriate order, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. (3) The hearing officer may apply to the District Court of Dakota County for subpoenas for hearings under division (D)(3)(b) above. (D) Concealing of animals. Any person who harbors, hides or conceals an animal which has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. (`81 Code, § 5-11) (Ord. 145, passed 6-24-74; Am. Ord. 522, passed 10-24-91; Am. Ord. 616, passed 6-6-96; Am. Ord. 647, passed 6-25-98; Am. Ord. 847, passed 10-9-08) Statutory reference: For provisions concerning animals with infectious diseases running at large, see MS. § 346.26 14 § 155.050 P • II CITY OF APPLE VALLEY ZONING CODE EXCERPT CHAPTER 155: ZONING OSE. ONE-FAMIL Y SIDENTIAL DISTRICTS These districts are for the purposes of permitting detached single-family residential dwellings. The districts are intended for those areas which are designated "single-family" in the comprehensive guide plan, with the specific district relating to the natural features and characteristics of the site and the surrounding property. ('81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.051 PERMITTED USES. Within any R-1, R-2 and R-3 district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) One-family detached dwellings meeting the standards of the Uniform Building Code, placed on permanent foundations and having no horizontal axis less than 18 feet in length; (B) Home occupation, as defined in § 155.003; (C) Public utility buildings and structures; or (D) Community-based family-care home, day care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state. ('81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.052 CONDITIONAL USES. (A) Within any R-1, R-2 and R-3 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit: (1) Off-street parking, for passenger vehicles only, when the proposed site of the off- street parking abuts on a lot which is in another zoning district. For screening requirements see § 155.348; (2) Cemeteries; and ( Community-based family-care home or day-care home not licensed by the state under M.S. § 245.812, when: (a) Facility meets all existing health, fire, building and housing codes; and (b) Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community or an effective natural or manmade barrier exists between facilities. (B) The conditional use permit shall be reviewed at one-year intervals. 1 CITY OF APPLE VALLEY ZONING CODE EXCERPT CHAPTER 155: ZONING (`81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.053 PE ITTED ACCESSORY USES. Within any R-1, R-2 and R-3 district, no accessory structures or use of land shall be permitted, except for one or more of the following uses or uses deemed similar by the City Council: (A) Private parking space and garage, one attached and one detached; (B) One accessory storage building in addition to any garage(s), except that it shall not exceed 144 square feet in area if a detached garage exists on the same lot; (C) Private swimming pool, tennis court and play apparatus for the use of the occupants of the premises; (D) Signs, as regulated in Chapter 154; (E) Buildings or trailers temporarily located for purposes of construction or sales on the premises for a period of not to exceed time necessary for the construction; (F) Gardening and other horticultural uses where no sale of products is conducted on the premises; (G) Decorative landscape features; (II) The keeping of domestic animals, commonly referred to as "house pets," for noncommercial purposes, for the use of the occupants of the premises. Horses play be kept in R...1 districts, provided that any accessory building used for housing horses shall be located no less than 100 feet from the nearest residence; ( Repair and maintenance of motor vehicles owned by the occupant; see screening requirements, § 155.348; and (J) Garage sales not to exceed three per calendar year. (`81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) 2 THE: HUMANE 'SOCIETY OF THE :UNITED STATES SEPTEMBER 7, 2012 Adopting and Caring for Backyard Chickens Important considerations before getting hens Before you add chickens to your family, be sure you know what's involved in theft care. Compassion Over Killing VIee t:46 &pc, /7 aohm protectioo otganization. Backyard chickens can be wonderful companions. Interest in keeping them has grown as part of the local, sustainable, and organic food movements. Page 1 of 4 The HSUS supports measures that reduce animal suffering, and every family that gets their eggs from backyard hens is likely reducing or eliminating their purchase of eggs laid by hens who were confined to crowded cages on factory farms. Chicken care considerations Chickens are energetic, inquisitive, and friendly animals who are a joy to watch, but the decision to keep them should not be made lightly. Chickens require dedicated, consistent care and there are important issues to consider before acquiring a backyard flock. Many municipalities prohibit residents from having backyard chickens. Be sure to contact local authorities (such as your local animal control or zoning/planning departments) to ensure such animals are legal before you bring any chickens home. Cockerel conundrum Within city limits, many municipalities that permit chickens nevertheless limit the number of chickens that one household can keep, and roosters are generally not permitted at all, as their crowing can disturb neighbors. This creates an ethical conundrum, because when chickens are purchased as young chicks it is not possible to accurately determine their sex. Chicks purchased through mail order or local farm supply outlets may be sold in groups separated by sex, but since gender determination is inexact, as the birds grow, families often find they have one or more male birds when they were expecting to have only females, Many young roosters are being relinquished to shelters and sanctuaries, organizations already overburdened with unwanted animals. Worse, these roosters may be simply abandoned or killed. The adoption option For these reasons, The HSUS recommends that families consider adopting adult birds, when the animal's gender is already known. Adult hens can usually be located through your local humane society or animal control. Chickens end up in traditional shelters more often than people realize, and adopting from a shelter is a great way to save a life. You might even ask to be put on a waiting list to be contacted about hens as they come into the shelter. If your local shelter has no chickens available, look to adopt a "retired" hen from a factory farm who now lives at a rescue or sanctuary that adopts these birds out. While not as productive as they were in their prime, many of these chickens still lay multiple eggs per week. Most of these older hens would otherwise end up being killed on the farm or sent to slaughter. You can find a list of adoption agencies near you by visiting www.sanctuaries.org or www.petfinder.org. 4/12/2013 Page 2 of 4 Alternatively, you may want to look at flyers posted in your local farm/feed stores, check your newspaper's classified ads, or even scan websites like craigslist.org to find chickens who need good homes. Chicken care essentials Once hens have been adopted, proper care and housing are vital. In addition to regular daily attention, feed and clean water, and securing them in their shelter at night, the following care principles are also essential. • Chickens are heat- and cold-sensitive Like dogs and cats, chickens must have shelter to protect them from temperature extremes. Hens and roosters with large single combs are prone to frostbite in cooler climates, and all chickens need shade during periods of heat. It is important that the shelter is both insulated and well-ventilated. Straw bedding will add comfort and warmth to a shelter's floor space, but it should be replaced regularly with new, clean straw. • Predator protection is vital Chickens need absolutely secure shelter at night or they can easily fall prey to urban wildlife like raccoons and opossums. Dogs may also attack chickens. They must be completely enclosed in a safe henhouse, with four solid walls and a sturdy roof, every night. Predators can also dig under fences and walls, so this should be considered when planning the chickens' home. During the day, chickens should be kept in a fully-fenced enclosure or yard with proper protection from aerial day-time predators, neighborhood dogs and, in the case of small bantam hens, free-roaming cats. Hens need an appropriate environment Hens need an enclosed nesting space (a "nestbox") in which to lay their eggs. They also need an elevated roost on which to perch at night; this is where they prefer to sleep. Hens enjoy loose substrate such as dirt, sand, or peat for dustbathing, and they should also have free access to grass and other vegetation to engage in natural pecking, scratching, and foraging behaviors. Often-used areas may become denuded, and it is important to provide plenty of space, giving them as much room as possible to express natural behavior outdoors. Hen houses, coops, and runs must be kept very clean at all times, for the health of the chickens and the food safety of the eggs. Chickens will require veterinary care While it may be tempting to think of a backyard flock as a source of inexpensive eggs, hens, like cats and dogs, require periodic veterinary care. Chickens can become ill or get injured, and vet exams and treatment can easily cost over $100 per visit. These expenses should be carefully considered before the decision is made to keep backyard chickens. Not all avian veterinarians are experienced with chickens, so be sure to locate a trusted poultry vet in your area ahead of time. • Vacation help is a must Since chickens require daily care, a designated caretaker must be arranged for vacations and other periods away from the house. Someone must be present to feed and water the hens and to put them inside their secure shelter every evening. - Chicken nutrition is important It is a common misperception that chickens can be fed on corn kernels or kitchen scraps alone. Chickens need a balanced diet, like one of the commercially available feeds that have been carefully formulated by nutritionists specifically for adult hens. The protein requirements of chickens change with the birds age, so it's important to feed an age-appropriate diet. Laying hens also need access to a supplemental source of course calcium, such as limestone (available at livestock supply stores) if their feed ration does not already contain enough. In addition to calcium, hard insoluble granite grit should be fed, free choice, 2 or 3 days per month. Chickens enjoy fresh fruits, grains, and vegetables in addition to their regular feed, but certain plants can be toxic. Avoid raw green potato peels, dried or undercooked beans, and avocados. Chickens should receive fresh feed and water daily—discard any feed that is old, moldy, or stale. The Alabama Cooperative Extension System has published a detailed page on the feeding requirements of backyard chicken flocks throughout their lives. Prevent disease Chickens can carry and become ill from a variety of infectious diseases. It is important to keep the hens' environment clean with regular manure removal, and by washing the feed and water containers. You should also avoid mixing birds from different flocks. (Temporarily quarantine any new birds for two weeks and watch them closely for signs of illness or parasites before introducing them into an already established group.) Don't share equipment with neighbors (each chicken house should have dedicated tools, wheelbarrows, buckets, etc.), because pathogenic organisms can travel on these items. Diseases can spread to chickens from pet birds and wild birds, so limit contact where possible. - Give your birds plenty of attention If you spend time watching and interacting with your chickens, you will find that each one has a unique personality, and they are friendly and curious when treated kindly. They display interesting behavior patterns such as dustbathing and foraging, and their complex social interactions are entertaining to observe. Enjoy their antics, and remember that your hens are completely dependent on you for responsible, committed care for their entire lives, Get Connected RSS Subscribe Facebook Twitter YouTube HomePrivacy PolicySite MapContact UsNewsroom 4/12/2013 College of Food, Agricultural and Natural Resource Sciences DEPARTMENT OF ANIMAL SCIENCE 305 Haeeker JialI 1364 Eck les Avenue St. Paul, MN 55108-6118 PHONE (612) 624-2722 FAX (612) 625-5789 WEB WWW. extensiondannfedu WWW. ansci.Utiln,edu Located on the St, Paul Cavils UNIVERSITY OF 'MINNESOTA XI: •■■ SION riven to Discover' May 29, 2012 To: Interested Parties From: University of Minnesota Extension Specialists Re. Backyard or Urban Poultry Keeping Concerns Several common concerns have been expressed by town and city governments when they are asked to consider the request to keep poultry in urban settings. The purpose of this letter is to provide information regarding these concerns which typically include transmission of diseases from poultry to humans as well as nuisance concerns of noise, odor, and pests; generation and disposal of waste. Poultry diseases and transmission to humans The main diseases of concern include salmonellosis, campylobacteriosis, chiamydophilosis (also known as psittacosis), and avian influenza. Illness associated with salmonella and campylobacter is typically the result of eating contaminated food which has been improperly cooked or prepared. Salmonella and Campylobacter can exist in the gut of the bird and hence contact with the fecal material is a concern; however, neither is present in the gut of most poultry. There are sporadic reports of children contracting Salmonella by handling baby chick,,. People, especially children should wash theft hands before and after handling poultry to prevent transmission in either direction. Chlamydophilosis or psittacosis is rarely diagnosed in domestic poultry, usually turkeys or pigeons, and is generally not a disease of chickens. Most cases of Chiamydophila infection are diagnosed in psittacine bird (parrots, etc.) and only on rare occasion. Contact with respiratory secretions or fecal material of sick birds can spread the disease. Avian Influenza is a respiratory disease in birds and there are many different subtypes of influenza virus. Most subtypes are not transmitted to humans (zoonotic). One subtype, occurring in Europe and the Far East, can be transmitted from birds to humans. This subtype has never been diagnosed in the United States, but there are both national and state programs to regularly monitor U.S. poultry and wild birds for the presence of this subtype, Parasites of poultry must live on or inside birds to survive and do not infect people. External parasites that can infest poultry are not infectious for people. Common external parasites such as the northern fowl mite strictly live on birds and are not infectious for people. Intestinal parasites, such as coccidia and roundworms, can live in the digestive tract of poultry, but do not infect humans, dogs or cats, 30 Nuisance concerns These concerns include noise, manure, odor, and pests. For noise, male (rooster) and female (hen) chickens vary in their vocalizations. Mature roosters will crow while hens make a clucking noise. The clucking tends to be soft in ton but the hens can have a loud call-alarm call if startled or threatened, These calls occur over a short time period and end when the threat ends or is identified, Typically there will be little vocalization during the night time hours unless the birds are startled. Odor can be associated with chicken manure if allowed to accumulate, A small number of birds will not generate much manure and with periodic cleaning of the coop this should not be an issue. The manure and bedding that is removed can be used as a fertilizer in the fresh form or after composting. Because the birds produce manure, there is the concern that flies will be attracted and proliferate in the manure, Wet feed can also attract flies. Proper coop management, maintaining dry bedding and removing soiled bedding and wet feed from the coop should minimize the fly population in a small flock. Proper coop management will also minimize potential problems with rodents such as house mice and Norway rats. Larger pests/predators, such as foxes, raccoons, and coyotes that already reside in urban areas may take an occasional chicken but the small populations of poultry kept in any one area are unlikely to attract and sustain any number of predators. Prepared by Sally Noll, Poultry Extension Specialist, Minnesota Extension, Department of Animal Science Rob Porter, DVM, PhD, Diplomate American College of Poultry Veterinarians, Veterinary Diagnostic Laboratory Wayne Martin, Minnesota Extension, Alternative Livestock Systems Todd Arnold, Associate Professor Dept. of Fisheries, Wildlife, and Conservation Biology Additional information is available at the following websites: httf/www,ansci,umn.eduhoultrPjublications.htm htt ://wwwl .extension.urnnvedugood-safg_tioni a ,extension.ummeduifoodismall-farmsilivestocki OUI I University qf A4innesota, US. Department of Agriculture, and kfinne.s.ota Counties Cooperating 2 Backyard Chickens S H E 1-1 C Letter Re arding the Keeping of C -tic ens and G 1 ats for Eggs and Milk in Long each Page 1 of 2 23 July 2012 July 19, 2012 Regarding the keeping of chickens and goats for eggs and milk in Long Beach To: Long Beach, CA City Officials On behalf of United Poultry Concerns, I am submitting this letter in support of Long Beach residents who oppose relaxing current policies to allow households in Long Beach to keep chickens and goats for eggs and milk. Long Beach is a densely crowded residential community. Allowing more farm animals into the suburban lifestyle would likely create significant problems that would greatly outweigh any benefit. Here are some key issues: The keeping of farm animals attracts rodents and flies. Rats and mice are drawn to the seeds, grains and other feed rations and to the bedding of straw or woodchips for nesting and reproduction. Manure, feed, broken eggs and dripping milk attract flies, and snakes can also move in. The only way to prevent the flies and rodents that normally accompany the keeping of poultry and goats is through undesirable toxic chemicals or by scrupulous cleanliness. Having run a chicken sanctuary for 25 years, and having dealt with urban backyard chicken- keeping issues around the country, I have learned that many residential owners of chickens do not practice scrupulous or even moderate cleanliness. Most know little or nothing about keeping farm animals, or else they model their practices on standard farming practices and conditions that a suburb would not tolerate. Ignorance is encouraged by claims that farm animals require little labor. This falsehood has led many people to want to keep chickens, goats and other farm animals, thinking they can have a ready supply of animal products with little or no work. The result of this erroneous thinking is: flies, rodents, odors, sick animals, discarded animals, animal cruelty, mounting filth, and transmittable diseases such as Salmonella Enteritidis. Whereas chickens and goats are clean animals by nature, odors develop and disease organisms spread when their owners maintain them in squalor in deference to "tradition" or due to indifference. Many farm animal owners do not even provide veterinary care for their animals, and many veterinarians will refuse to treat farm animals, despite the fact that veterinary care is an essential obligation for anyone with dependent animals. Similarly, many farm animal owners do not provide predator-proof yards for their animals but allow them to be at the mercy of predators and to roam into neighbors' yards, creating further conflict. 4/11/2013 Page 2 of 2 Adding more farm animals to Long Beach will place an additional burden on local animal shelter resources. Animal shelters typically run on tight budgets dealing with animal cruelty cases, dangerous dog calls, and the daily operation of their facilities. Adding more chickens and goats to Long Beach will increase the number of unwanted and abused animals and the overall work needed to enforce chicken and goat licensing laws, nuisance complaints and related issues. By allowing more chickens and goats to be kept by Long Beach residents, would taxes be raised to accommodate the additional burdens on animal law enforcement? For these reasons, Long Beach officials should reject proposals to permit or increase residential maintenance of chickens and goats. The problems will be greater than the benefits of this farm animal fad. Please do not hesitate to contact United Poultry Concerns for more information. Thank you for your attention. Sincerely, Karen Davis, PhD President United Poultry Concerns PO Box 150 Machipongo, VA 23405 757-678-7875 Karen@upc-online.org United Poultry Concerns is a nonprofit organization that promotes the compassionate and respectful treatment of domestic fowl. WWW.upc-oniine.org voi/ _To - Horne What's New? News Releases Action Alerts Poultry Press I Resources Merchandise Links Email 4/11/2013 Andover Anoka City Population 30,847 17,331 Apple Valley 49,801 Blaine • 58,331 Bloomington Brooklyn Center 30,204 Brooklyn Park 76,238 No Burnsville Poultry /Fowl Allowed on Urban Lot Yes 83,671 Yes 60,664 Yes License Req. Permit Amount No N/A No N/A Yes $50 for two year permit PouRry and Fo wl Ordinnce Survey of Other Communities November 2012 Inspections Req. Max. No. of Chickens N/A Unlimited 4 Only on complaint basis. N/A 4 # of Hens Roosters Butchering Unlimited Unlimited 4 Unlimited Yes 4 4 Coop Required Coop Standards Coop Inspection or Bldg. Permit No No Yes No Yes Ag District No Only in R1A District Zoning regulations for accessory Building permit structure in the inspection. zoning district located in. Less than 120 sq. No Yes ft. & less than 6 ft. Building permit in height. Coop or run must be screened by solid fence. Maximum coop height is 10 ft., Yes coop floor must be a minimum of 12 inches from ground and not greater than 12 inches. Yes Setbacks for accessory structures in the zoning district located in. 5 ft. side yard Ag Buildings Minimum of 50 feet from residential structure. Min. of 10 ft. to property line. Lot must not be on city water or sanitary sewer. Lot must be zoned R1, R2 or R3 (Minimum lot area is 2.5 ac.) Ordinance since 2006. Do receive some complaints, but typically found compliance. Chickens still an ag use and allowed only in Ag Districts. City Council just re- evaluated ordinance and decided again only allow chickens in agricultural. districts. 50 ft. from property Solid fence not less than 4 ft. height is required. line. Changed ordinance in 2011. Chickens not allowed anywhere in city. Considered a farm animal. * Ord. currently allows in Urban Reserve with 5 ac. minimum lot area. City is looking at amending ordinance to allow chickens in residential neighborhoods. Storage of chicken feed must be in rodent proof container. Limited by PCA feedlot regs. City Population Champlin 23,223 Chanhassen 23,247 Chaska 24,002 Columbia Heights 19,619 Coon Rapids 61,766 Cottage Grove 34,828 Crystal Duluth Poultry /Fowl Allowed on Urban Lot 22,168 No PcoItry Fcwl Ordinance Survey of Other Cornmuniti November 2Q12 86,256 Yes Yes $10 Annual Annually 5 5 No Yes License Req. Permit Amount Inspections Re . Max. No. of Chickens # of Hens Roosters Butchering Coop Required " Coop Standards p q 9 p q p Coop Inspection or Bldg. Permit Roof structure, 1 sq. ft. of window for every 15 sq. ft. Yes, building permit of floor area. Minimum coop and pen area must not be less than 10 sq. ft. per chicken. required if coop is greater than 120 sq. ft. Coop Setbacks Coop and pen area must setback a minimum of 25 ft. from adjoining residential structure. Comments Chicken is a farm animal and is allowed only in Agricultural District. City has very little Ag zoned land. Chickens allowed in Ag District. Minimum of 2.5 acre lot area City Council has looked at ordinances, but decided not to change ord. Lots only 15,000 sq. ft. in area, Animal & Fowl Ord. Agricultural district only. No ordinance. Tell people they can't have chickens. Ordinance proposed 7 yrs. Ago but not supported by CC: Council discussed three year ago. Decided they do not want farm animals in urban neighborhoods. Farm animal. Minimum of 5 acres of land. • • * Being debated. Only enforce ord. based on complaints received. • • Poultry and Feril Ordinance Survey of Othtr Communities November 2012 Eagan Eden Prairie Edina City Population 64,456 48,262 Elk River 23,101 27,515 $100 annual Annually Determined in the review process Faribault 23,409 Fridley Golden Valley $50 annually Initial and annual inspections. Max. No of Chickens Roosters Poultry/Fowl Allowed on Urban Lot License Req. I Permit Amount Inspections Req. # of Hens Butchering Coop Required 1 Coop Standards Yes Minimum coop area is 2 sq. ft. per chicken and 5 sq. ft. for pen. Coop and pen must be connected and completely enclosed. Coop Inspection or Bldg. Permit With building permit. Coop Setbacks Coop and attached fenced area must setback a minimum of 10 feet from rear lot line and 5 feet fro m side lot line. Comments Attached fence area is required and must be completely enclosed. Eggs cannot be sold. Chickens only allowed in rural areas and only if legally non- conforming use CC is discussing honeybee in urban neighborhoods. Chickens considered livestock. Livestock prohibited in residential districts. Minimum lot area is 5 acres. Enforce only if complaint received. Has been an issue of discussion, but not widely supported. Planning Commission recommended ord. CC denied ord. amendment because they do not believe chickens should be in urban residential districts. Allowed only in agricultural districts with a minimum of five acres with a minimum of two grazable acres. ( Hastings City Population 22,217 Hopkins 17,701 Inver Grove Heights 33,774 Lakeville 56,534 Lino Lakes 20,505 Maple Grove 62,436 Maplewood 38,374 Minnetonka 50,046 New Brighton 21,496 New Hope Northfield 20,454 Poultry /Fowl Allowed on Urban Lot Yes Yes 20,486 Yes Yes License Req. Permit Amount l Inspections Req. Max. No. of Chickens # of Hens Roosters Yes At time of license Yes $75 per year approval and renewals. No Yes No N/A N/A $O for upto3 poultry /fowl. $75 for 4 or more. N/A Poultry awl FovI Ordinnec Survey of Other Communities Novcmber X012 No N/A 4 per acre and a minimum of one acre of land. Unlimited in Ag District but 10 acre minimum 12 chickens per ac. 10 N/A 3 4 per acre and a minimum of one acre of land. Max. # of hens Max. # of hens and roosters is and roosters is 12 per ac. 12 per ac. N/A 3 No Not addressed Yes Yes Unlimited in Ag District but 10 Yes Yes acre minimum Butchering Coop Required Coop Standards Interior floor space a minimum 10 No No Yes of 4 sq. ft. per bird. Minimum height 6 ft. N/A N/A No None No Unlimited but requires a minimum 6 No N/A Yes N/A of 5 acres. Coop Inspection or Bldg. Permit Yes N/A Coop Setbacks Comments 25 ft. setback from property line Only if complaint 25 feet from . received property lines Accessory structure setback for Ag district. 5 ft. from rear and side property lines. No 1 None Accessory structure N/A Building permit. setback for zoning district located in. 25 feet from any residential structure on adjacent lot. One acre minimum. Food container required. 350 ft. mailed notice. School, museum or agricultural uses only. Fence required. Agricultural Districts only. Minimum of 1.75 acre parcel. Considered ordinance in 2011 but no action taken. Minimum of 10 acres and in Rural, Rural Executive, and Rural Business Districts. Chickens allowed in Ag District with a minimum of 10 acres of land: Allowed in Ag District with a 1.5 acre minimum. Leg banding required for each chicken. Climate control maintained between 32 -85 degrees Fahrenheit. Runs a minimum of 10 sq. ft. per bird. Minimum of one acre for farm animals. No restrictions. If complaints received, they determine if action is necessary. Can apply to get permit for more than 3 poultry /fowl. Wire fencing in pen must be a minimum of 18 inches above the ground. Chickens must be kep in covered structure or fenced enclosure at all times. „ ermit Amouint inspections Req. Max. E c . o hickens Based on State Statute Proposed Ord. Proposed Ord. Amendment Amendment p op Setbacl s amm ents * Started process to amend ordinance. Only in Rural or Ag Districts Oakdale Plymouth; Ramsey Richfield Rosemount Roseville Savage Shakopee Shoreview Sou St 27,538 22,139 33,807 25,118 Yes Yes Yes $30 for two years No fee. Periodically 2 ears At the time permit is y issued. Poultry and Fowl Ordinance Survey of Other Communities November 2012 Depends on size of lot. Depends on size of lot. If approved by neighbors. No N/A Yes N/A No Yes Yes None Coop floor a minimum of 12 inches and not more than 24 inches above ground. Setbacks for Building Permit for accessory structure accessory structures. in the zoning district for property. Yes 5 ft. from property No No Building Permit Line and 6 ft. from house Yes Minimum of 75 feet from adjoining Must obtain written permission from neighbors residential shows yards border the property. Maximum loft structures and a height is six feet. Must screen loft or coop from minimum of 10 from view by fencing or evergreen plantings. property line. 30 feet from residential structures 75 % of owners /occupants within 150 feet. Not regulated. Poultry and Fowl Ordinance Survey of Other Communities November 2012 Stillwater No 18,299 Yes Not yet determined Every two years. Periodically 5 5 No Yes Qep Inspection Bldg. Permit Coop and pen must equal at least 10 sq. ft. of area per chicken. Yes 3 ft. side and rear yard setback and 6 ft. from other structures. No chickens in the house. Must provide a secure and well ventilated roofed structure. An attached pen and protective overhead netting is required. St Paul 19,605 Bear Lake 23,820 63,143 A minimum of five acres is required. Council voted it down two years ago. Chickens allowed on five or more acres of land. 52 Communities Surveyed 17 Communities (33)% allow poultry /fowl on urban residential lots Communities ( %) prohibit poultry /fowl on urban residential lots Four communities in the process of evaluating ordinances. http://www.twincities.com/localnews/ci_23088856/salmonella-cases-tied-inver-grove-heights-stores-ducklings Salmonella cases tied to Inver Grove Heights store's ducklings By Christopher Snowbeck csnowbeck@pioneerpress.corn TwinCities.com-Pioneer Press Posted: After handling chicks and ducklings, be sure to wash hands. The reminder from health officials on Tuesday, April 23, comes as the Minnesota Department of Health is reporting a link between three salmonella cases to ducklings bought from the Tractor Supply Company store in Inver Grove Heights. The cases are associated with a multistate outbreak of illnesses caused by infection with salmonella bacteria, the state health department says. The cases in Minnesota occurred from late March through early April. Those sickened range in age from 18 to 60 years, according to the state health department. Other people who bought ducklings from the store in Inver Grove Heights should be "super careful with washing their hands," said Joni Scheftel, a health department veterinarian. But the broader point is that all baby chicks and ducklings have a salmonella risk, Scheftel said. "We're asking people to take extra precautions with hand-washing while these birds grow up," she said. TwinCities.com Officials with Tractor Supply said: "We are aware of the situation and have been working in full cooperation with the state health department and the Centers for Disease Control and Prevention (CDC). As a matter of Company policy, all Tractor Supply Company stores that sell live poultry provide guidelines for the safe handling of live poultry to customers and team members and take a number of additional steps to prevent the sale of salmonella." Every spring, health officials confront the salmonella risk that comes with handling baby chicks and ducklings, Scheftel said. A growing number of people are buying birds for backyard flocks. "Raising poultry can be a wonderful experience for families, but it's important to protect yourself and your kids from the germs animals can carry," Scheftel said in a news release. In 2012, Minnesota residents were part of four separate multistate outbreaks of salmonella illness associated with chicks. Salmonella can cause diarrhea, vomiting and fever; most people develop symptoms one to three days after being exposed, and recover in about a week, the health department said. Christopher Snowbeck can be reached at 651-228-5479. Follow him at www.twitter.comichrissnowbeck. LOWER THE RISK The Minnesota Department of Health offers these guidelines: - - Wash hands thoroughly after touching poultry, eggs or anything where they are housed - - If soap and water are not available, use hand sanitizer - - Adults should assist young children to ensure proper handwashing - - Do not keep poultry in the house, bathrooms, or patios - - Never clean cages, equipment or feed/water containers indoors -- Do not eat or drink in areas where poultry are kept Page 1 of 2 Anr10_ 2013 12:56:08PM MDT http://lxww.twincities.com/localnews/ci 23088856/salmonella-cases-tied-inver-grove-heights-stores-ducklings -- Do not children under age 5, the elderly or those who may have compromised immune systems handle birds, unwashed eggs or contaminated equipment. Page 2 of 2 Apr 30, 2013 12:56:08PM MDT Animal Ordinances Review Apple ll ey Presentation to Urban Affairs Advisory Committee April 30, 2013 Agenda • Appoint Acting Chair to start meeting. ® Members nominate, simple majority voice vote. • Approve Agenda, Approve Minutes from May 4, 2009. • Nominate and Elect Permanent Chair and Secretary. • Members nominate, simple majority vote. Can use secret ballots if needed. • Discussion of Animal Ordinances. • Adjourn. 4/30/2013 1 Purpose of Meeting • City Council directed UAC to review City's existing animal ordinances. • Residents in single-family residential neighborhoods asked City Council to review ordinances in order to keep animals other than "house pets" on their property. • Residents interested in keeping chickens and goats. • City Attorney advised that current standards are open to interpretation and review is needed. Current Ordinance • Chapter 91: Pertains primarily to cats and dogs; does not address other animals. • Chapter 155 (Zoning Code): References only "house pets", which is not defined. • Section 155.053 - allows "domestic animals commonly kept as 'house pets' for non-commercial purposes, for the use of the occupants of the premises" as permitted accessory uses in single-family residential neighborhoods. • Staff interpretation: dogs, cats, small animals kept indoors, etc.; horses can be kept in the "R-1" zones. 4/30/2013 2 Other Cities' Ordinances • Many cities now accommodate residents that want to keep chickens. • City of Cottage Grove surveyed 52 cities in November 2012. • Roughly 1/3 allow chickens to be kept on urban residential lots, generaily with permits and Iimited in number. • Urban residential Iots = smaller than 18,000 sq. ft. • Equabxpp|evanev's Residential/minimum lot size 18,000 sq. ft.). • Keeping goats, bees, pigs and similar livestock is prohibited in most cities • Generaily seen as more disruptive to residential neighborhoods, and not consistent with the single-family uses. Items for Discussion • Should the City amend its ordinances to allow backyard chickens in residential neighborhoods? • Should other animais generaily considered ivestock or farm animals be allowed in residential neighborhoods? If so, which animals? • Is there a minimum lot size to keep chickens? Other animals? • Should there be permits issued to have chickens? Other animais? Issued administratively or by Council? Should inspections be required when a permit is issued or at renewal? Should the permits be mu|ti'year|icense or single- year? Fee amounts? • Is the City willing to commit the resources to inspect properties where chickens are kept? What about staif resources to respond to complaints? • What is the maximum number of chickens per lot? 4/30/2013 3 Items � for • Should there be a coop and/or pen requirement? What are the maintenance requirements of coops and/or runs? Should the City require a minimum or maximum coop size? • Should the sale of eggs, chicks, or chickens be allowed or prohibited? • How should the City address the treatment of chickens and other livestock? • Is slaughtering allowed? • What would be requirements for the storage of feed? What are waste disposal expectations? • Should the City allow hens only and prohibit roosters? • What setback requirements should there be from other residential dwellings not on the property in question? • What type of screening and/or fencing shoud be required? • How should the City address issues related to predators, e.g. coyotes, raccoons, skunks, etc. Course of Action 1. Minor edits? a. Would entail creating definition of^housepets" and clearly stat which animais are allowed on single-family resident lots. Would likely not include chickens, goats, other livestock. b. Staif presents ordinance amendments at next meeting. 2. More in-depth discussion/review? a. Determine which animals would be allowed on single-family residential lots. b. Determine standards for keeping of those types of animais. c. Will likely take several meetings, ideally finished by end of 2013. " Either way, UAC should determine if a public meeting is necessary to receive input from residents. 4/30/2013 4 4/30/2013 5 4/30/2013 6 Please Sign In: URBAN AFFAIRS COMMITTEE SIGN-IN SHEET April 30, 2013 Name Representing Address Phone