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HomeMy WebLinkAbout05/28/2013URBAN AFFAIRS ADVISORY COMMITTEE MEETING AGENDA NEXT URBAN AFFAIRS MEETING S:\planning\Urban Affairs\2013 Animal Ordinance\052813a.doc TUESDAY, MAY 28,2013 7 p.m. Apple Valley Municipal Center Regent Conference Room 7100 West 147 Street 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF TUESDAY, APRIL 30, 2013 4. DISCUSSION ITEMS: a. ANIMAL ORDINANCES REVIEW 5. OTHER BUSINESS - None - 6. ADJOURNMENT June 25, 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 Members Absent: Pamela Sohlberg CITY OF APPLE VALLEY URBAN AFFAIRS ADVISORY COMMITTEE MINUTES APRIL 30, 2013 ER The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by Planner Margaret Dykes at 7:03 p.m. Members Present: Barry Berg, Sandy Breuer, Edwin Holmes, Sharon Schwartz and Earl Wilson. Staff Present: Community Development Director Bruce Nordquist, Planner Margaret Dykes, Code Compliance Specialist Ben Pierson and Department Assistant Joan Murphy. 2. APPOINTMENT OF ACTING CHAIR TO CONDUCT MEETING Ms. Dykes inquired if the Committee would like to appoint an Acting Chair to conduct the meeting or proceed directly to the election of chair and secretary. MOTION: Barry Berg moved, seconded by Sharon Schwartz, moving directly to nominate a chair and secretary. Ayes - 5- Nays - 0. 3. APPROVAL OF AGENDA Ms. Dykes asked if there were any changes to the agenda. Hearing none she called for a motion. MOTION: Earl Wilson moved, seconded by Barry Berg, approving the agenda. Ayes - 5 - Nays - 0. 4. NOMINATION AND ELECTION OF CHAIR AND SECRETARY Sharon Schwartz nominated herself to serve as Chair. Sandy Breuer nominated herself to serve as Chair. Ballots were prepared by Department Assistant Joan Murphy passed out to the Committee for voting. Ballots were tallied and Sharon Schwartz was selected as Chair of the Urban Affairs Advisory Committee. The Committee voted unanimously to appoint Sandy Breuer to the Secretary position. 5. APPROVAL OF MINUTES MAY 4, 2009. Chair Schwartz asked if there were any changes to the minutes. Hearing none she called for a motion. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes April 30, 2013 Page 2 of 5 MOTION: Sandy Breuer moved, seconded by Edwin Holmes, approving the minutes of the meeting of May 4, 2009. Ayes - 5 - Nays — 0. 6. DISCUSSION ITEMS A. Animal Ordinance Review Planner Margaret Dykes stated the City Council directed the Urban Affairs Advisory Committee to review the City's existing animal ordinances. She said residents in single-family residential neighborhoods asked City Council to review ordinances in order to keep animals other than "house pets" on their property and that they are interested in keeping chickens and goats. She stated that the City Attorney advised that the current standards are open to interpretation and review is needed. She added that current ordinance pertains primarily to cats and dogs and does not address other animals. Commissioner Wilson asked about the number of calls the City received from people that either want to keep chickens or have complaints about chickens or goats. Dykes stated about a dozen calls a year. Community Development Director Bruce Nordquist stated one location was identified in Fall 2012 that had 9 — 10 chickens and two different coops plus two Nigerian goats. He said the residents are about evenly split between those who want chickens and those who do not. He added the City refers to them as livestock. Code Compliance Specialist Ben Pierson stated at the recent Home and Garden Show, he had residents inquire if the City allowed chickens. His comment to them was it would be under review by the Urban Affairs Advisory Committee. He stated schoolchildren bring chicks home as class projects and complaints he received in the past had been about chickens running free. Commissioner Berg asked Pierson if he had training in animal husbandry. He said he believed there would be an expense to the City to provide that type of training. He added that costs need to be done in inspections and possibly the owner of the chickens would need to compensate the City in costs. He noted there used to be two code enforcers but now the City has one. He also commented that very few of these animals are kept as pets but more for the food source. Chair Schwartz reminded the committee that it needed to review if chickens should even be kept in Apple Valley. She asked Nordquist if the City Attorney thought a more specific ordinance was needed. Nordquist answered yes. Commissioner Breuer inquired at what point did the chicken concern come to the City Council and was it as a complaint. Nordquist answered that in Fall 2012, goats and chickens came in as an active complaint. He stated that residents wanted to take the concern to City Council and plead their case. He explained that the CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes April 30, 2013 Page 3 of 5 process was to go to the Urban Affairs Advisory Committee first and the City would be looking for more definition. Commissioner Berg stated that a 50/50 split is a significant number of people for and against raising chickens. He suggested leveraging a fee of $100 to $200 and residents would evaluate if it is really worth the cost to have chickens. Commissioner Wilson stated the City needs to establish whether chickens should be allowed in the backyard first and then determine what fees are needed. Chair Schwartz asked if they were to revisit the entire ordinance. Dykes answered that the committee needs to define what a house pet is and could review the entire Chapter 91 or just a couple sections. Chair Schwartz asked Pierson what other animals he runs into; he answered goats and parrots. Commissioner Wilson inquired about exotic animals. Dykes stated exotic animals are governed by Minnesota Statutes and she would get a list. Chair Schwartz asked if they needed a motion to study chickens, goats, and exotic animals, and how they want to proceed. Commissioner Wilson suggested they should review the current definition of house hold pets and bring a draft definition to the next meeting. Commissioner Berg recommended keeping it simple such as to dogs, cats, parrots, and turtles. Commissioner Wilson stated that house pet by definition is thought of as a dog or cat. Dykes suggested the Committee may want to define house pets. MOTION: Edwin Holmes moved, seconded by Earl Wilson to define house pets. Commissioner Berg questioned that if by this motion they were redefining house pets for the City Council. He commented he was deeply conflicted on this whole subject and questioned what was fair to the residents who want the chickens and goats. Chair Schwartz stated there was a motion on the floor and that the Committee should look at the definition of house pets. Voted: Ayes - 5 - Nays - O. Commissioner Berg suggested the terminology of residential animal opposed to house pets. Dykes stated she would consult with the City Attorney for definition. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes April 30, 2013 Page 4 of 5 Commissioner Holmes suggested asking farmers what problems they have raising chickens. We need to assemble the problems then get solutions. Commissioner Holmes recommended researching a metro city that has chickens and inviting that city's staff to come in and talk to the Committee. Dykes said she would provide information from other cities that have approved ordinances allowing chickens. Commissioner Berg said he would like information on waste matters and how it affects the aquifers and storm sewers. Nordquist said that Apple Valley now has strict sewer infiltration and are in a well head protection area. Commissioner Holmes commented that in the past local governments had more available spending and that has changed. If the City allows for chicken and goats, that could require monitoring, licensing, and enforcement. Chair Schwartz proposed having a public hearing. Commissioner Breuer said she worried the Committee would only hear from people who want chickens and not hear the other side. A public hearing on the topic would need to be publicized to hear both sides of the issue. Chair Schwartz asked about the public hearing process and timeframe for public notice. Nordquist stated that a public hearing notice needs to be in the paper more than 10 days before the hearing. Dykes added that a public hearing notice would be publicized in the local paper, the City's newsletter and on the City's website. Chair Schwartz commented there may be a need for two meetings. She questioned how to guarantee the same people are not heard. Dykes answered that you cannot guarantee that. Commissioner Berg commented if the purpose of the public hearing is to vent then there is not much purpose. But if the purpose is to educate them, the Committee would need to have the information available like a program addressing the discussion of issues. Nordquist stated the purpose of the public hearing would be for a draft decision on what the Committee has prepared and not for the public to react to chickens. Commissioner Holmes asked if the Committee could take advantage of the work done by other cities. Dykes answered yes, there is no reason to re-write everything and there are a number of articles out there for review. MOTION: Edwin Holmes moved, seconded by Earl Wilson to look into the process other cities have used and what other major cities and other city staff have done. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes April 30, 2013 Page 5 of 5 Commissioner Breuer asked if the League of Minnesota Cities provides guidance for these issues. Dykes answered yes, and would provide information at the next meeting. Chair Schwartz asked which cities would be contacted. Dykes answered Eagan, Burnsville, Rosemount, and Farmington. She said she'd also obtain information from groups take chickens that are abandoned. Chair Schwartz inquired if there were predator issues in other cities and asked if Dykes could also check on that too. She also asked if potbellied pigs could be addressed. Commissioner Berg asked for a list of exotic animals from the State of Minnesota. 7. OTHER BUSINESS A. Review of upcoming meeting. Planner Margaret Dykes stated that the next Urban Affairs Committee meeting would take place Tuesday, May 28, 2013, at 7:00 p.m. 8. ADJOU MENT Hearing no further comments from the Urban Affairs Advisory Committee, Chair Schwartz asked for a motion to adjourn. MOTION: Earl Wilson moved, seconded by Edwin Holmes to adjourn the meeting at 8:37 p.m. Ayes - 5 - Nays - O. 13) Approved by the Apple Valley Ur an Affairs Advisory Committee on City of Apple Valley TO: Urban Affairs Committee Members FROM: Margaret M. Dykes, Planner MEETING DATE: May 28, 2013 SUBJECT: Review of City Codes Regarding Domestic Animals MEMO Community Development Department Purpose for Meeting At its meeting of April 30, 2013, the Urban Affairs Advisory Committee (UAC) directed staff to do the following: 1. Draft a definition of "house pet" for consideration as an ordinance amendment. 2. Definition and State regulations for "exotic animals". 3. Information regarding potential impact of animals in wellhead protection zones. 4. Discussion of surrounding cities' experiences with ordinances allowing the keeping of chickens or other livestock. 1. Definition of "house pet". Staff and the City Attorney have drafted the following definitions for possible inclusion in the City Code. ANIMAL. Other than a human being or plant, any living thing of the kingdom of animalia, including mammals, birds, fish, amphibian insects, and reptiles. DOMESTIC ANIMAL. Any of the various animals domesticated so as to live in a tame condition as a work animal, food source, or household pet. FA ' ANIMAL. Any of the various species of domestic animals kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, pigs, and bees. FA ' POULTRY. Any of the various species of domestic animals kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans, and doves. HOUSEHOLD PET. Domestic animals kept for non-commercial and non-agricultural purposes that can be contained within the principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit and exclusively consisting of the following: 1 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\UAC\052813 UAC memo.doc a. Dogs - any animal in whole (excluding hybrids with wolves, coyotes, or jackals) of the species Canis familiarus; b. Cats — any animal in whole (excluding hybrids with ocelots or margays) of the species Felis catus,; c. Ferrets — any animal of the species Mustela putorius fur°, d. Birds — any of the class of Ayes (birds) that are caged and otherwise kept inside the residence, excluding all farm poultry; e. Rabbits — any animal of the order Lagomorpha that are caged and kept inside or in an outdoor hutch near the dwelling or garage; f. Rodents — any of the order Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs that are caged and otherwise kept inside the residence; g. Reptiles — any of the class Reptilia such as snakes less than six (6) feet in length, lizards, and turtles that are caged and otherwise kept inside the residence; h. Amphibians — any of the class of Amphibia such as salamanders, frogs, and toads that are caged and otherwise kept inside the residence; i. Fish — all varieties commonly raised as pets in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law. WILD ANIMAL. Any animal which is not naturally tame or gentle, but is of a wild nature or disposition or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life or property. The above definitions will begin to clarify which animals are considered household pets, and which are used for agricultural purposes. 2. Definition and regulations of "exotic animals" Minnesota Statute Section 346.15 (attached) prohibits individuals, with certain exceptions, from purchasing, obtaining, or owning the following animals: • All members of the Felidae (cat) family, except domestic cats. This includes, but is not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots and servals; • Bears; • All nonhuman primates. This includes, but is not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins; and • Any hybrid or cross between an animal listed above and a domestic animal, as well as offspring from all subsequent generations of those crosses or hybrids. It is staff's opinion that though the State regulates exotic animals, the City may wish to include this prohibition in the City Code for clarification. The City may also wish to add other animals to the list including skunks, raccoons, poisonous snakes, certain spiders, bats, and members of the Canidae family except domesticated dogs. 2 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\UAC\052813 UAC memo.doc 3. Potential impact of animals in wellhead protection zones Jane Byron, the City's Water Resources Coordinator, has advised that chickens or small farm animals would likely not have any impact on wellhead protection zones provided these animals were limited in numbers similar to dogs. She stated chickens were no more likely to impact wellhead zones than dogs when limited to 3-4 per residence, coops are regularly cleaned and set back from water bodies, and waste is disposed of properly. City Engineer Colin Manson has confirmed this analysis. Ms. Byron also stated that should the City allow for the keeping of hoofed animals such as goats to occur, additional regulations will be needed for properties adjacent to water bodies to ensure the animals do not adversely affect shoreline or buffer areas. 4. Other cities' experience Staff was directed to contact cities similar to Apple Valley that have amended their ordinances to allow for the keeping of chickens. Staff contacted the cities of Bloomington, Burnsville, and Eagan, as well as Farmington, which recently changed its ordinance to allow for chickens. The following table depicts other cities' experience with amending their codes to accommodate the keeping of chickens. Also attached are the cities' ordinances that address animals. City Bloomington Burnsville Eagan Farmington Comments Allows for up to 4 hens on one- and two-family lots, but must be 50' from property line. Also allows for farm poultry (ducks, geese, etc.) and other farm animals (goats, sheep, bees, etc.) but only on lots one acre or larger that can meet 100' setbacks. No license required. No major complaints associated with chickens; they investigate complaints like any other nuisance. City advertised all public hearings and sent out press releases. Bloomington staff found that residents either love or hate chickens - there isn't any middle ground. Allows up to 4 hens in residential areas, but must be 50' from any adjacent residential building and 10' from all lot lines. Requires license. No other farm animals allowed. No major issues expressed. Allows up to 5 hens in residential areas, but must be 25' from any inhabitable building, 10' from rear lot line, and 5' from side lot lines. Requires permit. Eagan only reviewed the keeping of chickens; goats or other farm animals were not discussed because residents only asked for chickens. No major concerns expressed, and limited number of comments received after ordinances was adopted. Farmington recently adopted an ordinance allowing for the keeping of 3 chickens on lots larger than 10,000 sq. ft. Permit required with public hearing and approval from Planning Commission and City Council. Other farm animals allowed on property 2 1/2 acres or larger. Farmington staff agreed with the conclusions of Bloomington staff regarding residents' opinions on the keeping of chickens. 3 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\UAC\052813 UAC memo.doc Additional Information As requested, attached is an information memo from the League of Minnesota Cities entitled "Animal Regulation in Cities", which provides some guidance regarding the creation of animal regulations. Additional information attached includes: 9 The "Backyard Chicken Basics" brochure from the University of Minnesota Extension Service. * The April 2013 APA Zoning Practice entitled "Practice Urban Livestock". • Information from Chicken Run Rescue entitled "Recommendations for Municipal Regulation of Urban Chickens". • Information from the Goat Justice League entitled "Are Goats for Me". Next Steps 1. Review the attached materials. 2. Determine what additional information is needed. 3. Direct staff to begin drafting ordinance amendments as desired. Attachments: 1. City of Bloomington Code Excerpt 2. City of Burnsville Code Excerpt 3. City of Eagan Code Excerpt 4. City of Farmington Code Excerpt 5. Minnesota Board of Health and MN Statutes — Exotic Animals 6. League of MN Cities — Animal Regulation in Cities 4 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\UAC\052813 UAC memo.doc 7. UMN Extension — 10. Goat Justice League Backyard Chicken Basics — Are goats for me? 8. APA Zoning Practice — Practice Urban Livestock 9. Chicken Run Rescue — Recommendations for Urban Chickens Part 11. Code Chapter 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division A. General Provisions Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.91. DEFINITIONS. BLOOMINGTON CITY CODE Page 1 of 5 The following words and terms, when used in this Article, shall have the following meanings unless the context clearly indicates otherwise: Animal - every non-human species of animal, including domestic, farm and wild. Animal Control Authority - the Bloomington Police Department having oversight and control over the City€TMs animal control officers or designee. Animal Control Officer - an officer employed by or under contract with the City who is responsible for animal control enforcement. Animal Requiring a License - a dog, cat or ferret that is three (3) months or older. Aquarium - a building or institution in which aquatic animals are kept for commercial exhibition or display. At-large - an animal is a€ceat-largea€ when it is off the premises owned or occupied by its owner and is not accompanied or under restraint of the owner, or other competent person, as defined in this Section. City Animal Shelter - any premises designated by the City for the purposes of impounding and caring for all animals held under authority of this Article. Clean - the absence of dirt, grease, rubbish, garbage, animal and bodily excretions, and other offensive, unsightly, or extraneous matter. Commercial Animal Establishment - any business that breeds, raises, sells, boards, distributes or exhibits animals for entertainment or educational purposes including, but not limited to, kennels, aquariums, pet shops, petting zoos, riding schools or stables, zoological parks, or performing animal exhibitions as licensed under Section 14.94. Compendium of Animal Rabies Control ("Compendium") - the Compendium of Animal Rabies Control prepared by the National Association of State Public Health Veterinarians and provided by the Minnesota Board of Animal Health. Coop - a type of shelter for farm poultry. Cruelty - every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death. Custodian - a person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal, provided that the animals are kept only temporarily on the premises and are owned by others. 5/20/2013 Dangerous Animal - an animal that has: (a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; (b) Killed a domestic animal without provocation while off the owner's property; or (c) Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. Daylight Hours - that period of the day from one-half hour before sunrise until one-half hour after sunset. Page 2 of 5 Domestic Animal - any of the various non-venomous animals domesticated so as to live and breed in a tame condition and commonly accepted as household pets. Domestic animals do not include any animals considered to be farm poultry, farm animals or wild animals as defined in this Article. Domestic animals may also be known as pets. Domestic animals are limited to: (a) Dogs - any animal in whole (excluding hi-breds with wolves, coyotes, or jackals) of the species Canis familiarus, which are required to be properly vaccinated against rabies pursuant to law; (b) Cats a€" any animal in whole (excluding hi-breds with ocelots or margays) of the species Felis catus, which are required to be properly vaccinated against rabies pursuant to law; (c) Ferrets a€" any animal of the species Mustela putorius furo, which are required by this City Code to be spayed or neutered, and are required to be properly vaccinated against rabies pursuant to this City Code; (d) Birds a€" any of the class of Ayes (birds) that are caged and otherwise kept inside the residence, excluding all farm poultry; (e) Rabbits a€" any animal of the order Lagomorpha that are caged and kept inside or in an outdoor hutch near the dwelling or garage; (f) Rodents a€" any of the order Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs that are caged and otherwise kept inside the residence; (g) Reptiles ae any of the class Reptilia such as snakes less than six (6) feet in length, lizards, and turtles that are caged and otherwise kept inside the residence; (h) Amphibians a€" any of the class of Amphibia such as salamanders, frogs, and toads that are caged and otherwise kept inside the residence; (i) Hedgehogs a€" any of the order of Erinaceomorpha such as hedgehogs and moon rats that are caged and otherwise kept inside the residence; (j) Sugar gliders a€" any animal of the species Petaurus breviceps that are caged and otherwise kept inside the residence; and (k) Fish a€" all varieties commonly raised as pets in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law. Enclosure a€" a fenced area or run where animals are confined outdoors. Enclosure for a Dangerous Animal a€" securely confined space indoors or 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 enclosure for a dangerous animal does not include a porch, patio, or any parts of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from escaping. 5/20/2013 Page 3 of 5 Farm Animal a€" any of the various species of animals domesticated as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, pigs, and bees. Farm animals do not include any animal considered to be farm poultry, domestic or wild animals as defined in this Article. Farm Poultry - any of the various species of domesticated poultry as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans, and doves. Farm poultry does not include any animal considered to be domestic animals, farm animals or wild animals as defined in this Article. Good Repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Great Bodily Harm - bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm. Health Authority a€" the City of Bloomington Environmental Health Division or designee. Hearing Officer - an impartial person retained by the City to conduct the hearings prescribed in this Article. Issuing Authority - the City of Bloomington License Section or designee. Own - to keep, harbor, or have control, charge, or custody of an animal. This term shall not apply to animals owned by others which are temporarily maintained on the premises of a veterinarian or other pet services facility operator. Owner - any person owning, possessing, keeping, harboring or having an interest in or having care, custody or control of an animal, excluding veterinarians or pet services facility operators temporarily maintaining an animal on their premises where the animal is owned by another. Other Animal Kept as a Pet - an animal other than a dog, cat or ferret for which a rabies vaccine is licensed for the species by the United States Department of Agriculture. An animal that is deemed a prohibited wild animal pursuant to Division E. of this Chapter shall not be kept as a pet even though a rabies vaccine is licensed for the animal and such an animal shall not be included in the definition of "Other Animal Kept as a Pet". Performing Animal Exhibition - any commercial spectacle, display, act, or event in which performing animals are used. Person - one or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or nonprofit corporation, a trust, or any other business organization. Pet - see domestic animal. Pet services facility - a business establishment that provides any of the following services or retail activity either individually or in combination, for pets and domestic animals: sales, animal sales, veterinary care, animal hospital, short-term daily care, training classes, boarding and grooming. Pet Shop - any person, whether operated separately or in connection with another business enterprise, that buys, exhibits, or sells any species of domestic animal. Picket - to secure an animal by means of a chain or metallic cable to a fixed object, thereby confining the animal to a specified area. Potentially Dangerous Animal- any animal 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, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 5/20/2013 Page 4 of 5 (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Provocation - an act that an adult could reasonably expect may cause an animal to attack or bite. Rabid Animal - an animal showing signs associated with rabies that are observed and reported by a veterinarian, or an animal diagnosed as positive for rabies by a recognized laboratory, or both. Any skunk, wolf, wolf hybrid, civet cat, raccoon, opossum, bat, or fox that bites a dog or cat shall be deemed to be a rabid animal for the purposes of this Article. Rabies Control Authority - the Bloomington Police Department having oversight and control over the City€TMs animal control officers or designee. Rabies Suspect - any animal which is considered as a potentially rabid animal under guidelines of the U.S. Centers for Disease Control and Prevention and the Minnesota Department of Health, which has bitten any person and caused an abrasion of the skin of such person or has otherwise exposed that person to its saliva through an open wound or mucous membrane. Regular Business Day - a day during which the City animal shelter is open to the public for not less than four (4) consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. Riding School or Stable - any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, llama, or burro; or any place that regularly buys, sells, or trains the above animals, including a trotting track or rodeo. Shelter - a structure, stable, barn or coop designed to provide shelter from weather and safety for animals. Substantial Bodily Harm - bodily injury which involves a temporary or permanent but substantial disfigurement, or which causes temporary or permanent but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Trap - any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle, or any contrivance whatever. Trapping - the setting or laying or otherwise using of a trap anywhere in the City to catch, snare or otherwise restrain free movement of mammals, fish or birds. Under Restraint - an animal is under restraint if: (1) the animal is within a secure vehicle; (2) the animal is within a secure fence or building within the owner's property limits; (3) the animal is picketed in accordance with this Article of the City Code; (4) the animal is controlled by a leash, provided that when persons or other animals are within twenty (20) feet of the animal the leash is shortened to six (6) feet; or (5) the animal: (A) is within the owner's property limits, or is involved in a scheduled animal show or obedience demonstration or trial, is legally involved in hunting or retrieving game animals, or is within the boundaries of a City park or other City- owned property designated and posted by the Manager of Parks and Recreation as an off-leash site specifically designed for that type of animal; and (B) is controlled by a competent person and is immediately obedient to that person's command. Vaccination Against Rabies - the inoculation of a dog, cat or other animal kept as a pet with a rabies vaccine licensed for that species by the United States Department of Agriculture and administered in accordance with recommendations listed in the most current Compendium of Animal Rabies Control. The vaccination must be performed by or under the supervision of a veterinarian. 5/20/2013 Veterinarian - a veterinarian licensed in the State of Minnesota or another state of the United States. Veterinary Hospital - any establishment maintained or operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals. Page 5 of 5 Wild Animal - every non-human species of the animal kingdom, including those born or raised in captivity, except the following (1) Animals defined in this section as domestic animals or pets; (2) Animals defined in this section as farm animals or farm poultry; (3) Song birds or other wild species of birds other than turkeys, ducks and geese, that may be fed from feeders five (5) feet off of the ground for application of Sections 12.122 only. Zoological Park - any permanent facility operated by a person, partnership, corporation or government agency, other than a pet shop, commercial animal establishment or pet services facility, displaying or exhibiting one (1) or more species of animals. (Added by Ord. No. 2010-28, 11-1-2010) 5/20/2013 0 ,.1.1.1. Part 11. Code Chapter 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division B. Domestic Animals Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.101. LIMITATION ON NUMBER OF DOMESTIC ANIMALS. Page 1 of 1 No person shall keep in any one household unit, lot, or premise or portion thereof, more than four (4) dogs, cats, ferrets, rabbits or other domestic animals, excluding fish, over six (6) months old, or a combination thereof. Furthermore, no more than two (2) of the four (4) animals shall be boarded for compensation or kept for sale unless a person has a valid commercial animal establishment license from the City according to Section 14.94. For example, a single household may have one (1) dog, two (2) cats, and one (1) hamster for a total of four (4) domestic animals or pets. (Added by Ord. No. 2010-28, 11-1-2010) 5/20/2013 rj 1', - e rut' Part 11. Code Chapter 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division D. Chickens, Farm Poultry and Farm Animals Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.115. CHICKENS. garage Page 1 of 2 (a) Limitation on the Number of Chickens. No person shall keep on any single-family or two-family residential property more than four (4) total hen chickens. This is in addition to the maximum of four (4) domestic animals or pets. (b) Three or More Dwelling Unit Properties. Chickens are not allowed on properties with three or more dwelling units. (c) No Roosters. No person shall keep roosters, or adult male chickens, on any property within the City. (d) No Cockfighting. Cockfighting is specifically prohibited within the City. (e) No Slaughtering. The slaughter of chickens is prohibited on residentially used or zoned properties. (f) Ownership Occupancy. The owner of the chickens shall live in the dwelling on the property. (g) No Breeding. The raising of chickens for breeding purposes is prohibited on residentially used or zoned properties. (h) No Chickens in Dwellings or Garages. Chickens over the age of four weeks shall not be kept inside of a dwelling or (1) Shelter and Enclosure Requirements. Chickens shall be properly protected from the weather and predators in a shelter or coop, and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapters 15, 19 and 21. (2) Setback for shelters and enclosures for chickens, is a minimum of 50 feet from any lot used residentially or platted for future residential use. (3) The shelter shall be situated closer to the chicken owner€TMs dwelling than to any of the neighboring dwellings. (4) Shelter and enclosure must not be located between the owner€TMs dwelling and an adjacent street unless setback at least 50 feet from the property line adjacent to the street. (5) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four (4) feet in height constructed according to the fence standards of Section 21.301.08 shall be provided for the shelter and enclosure. (6) A shelter shall not exceed 120 square feet in size and shall not exceed six (6) feet in height. (7) An enclosure or fenced area for chickens shall not exceed 20 square feet per bird and shall not exceed six (6) feet in height and shall have protected overhead netting to prevent attracting predators and other animals running at large. 5/20/2013 Page 2 of 2 (8) An enclosure or fenced area may be constructed with wood and/or woven wire materials that allow chickens to contact the ground. (9) Constructed in a workmanship-like manner to deter rodents and predators. (j) Prevention of Nuisance Conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met: (1) The shelter and enclosure are maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors. (2) Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly. (3) Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. (4) Feces, discarded feed and dead birds shall not be composted. (5) Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators. (6) Chickens shall remain in either the shelter or enclosure at all times and shall not run at large (7) The shelter shall be winterized to protect the chickens in cold weather. (k) Sale of farm poultry or eggs. Owners cannot advertise the sale of chickens or eggs and must comply with all requirements and performance standards for home enterprises in Section 19.63.09 and all Minnesota Department of Agriculture requirements for the sale of eggs. (Added by Ord. No. 2010-28, 11-1-2010) 5/20/2013 - to —tint Part 11. Code Chapter 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division D. Chickens, Farm Poultry and Farm Animals Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.116. FARM POULTRY, FARM ANIMALS AND BEES. (a) Limitation on the Number of Farm Poultry, Farm Animals and Bees. Page 1 of 2 (1) Owners of farm animals, such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, and pigs, shall have at least one acre per animal. (2) Owners of bees, shall have at least one acre per bee hive not exceeding twenty-four (24) cubic feet in size. (3) Owners of one (1) acre lots may have four (4) hen chickens, meeting all of the requirements set forth in Section 12.115, or farm poultry, such as, but not limited to, ducks, geese, turkeys, pigeons, swans, and doves, and shall have no more than four (4) farm poultry meeting the requirements of Section 12.116. (4) The types and numbers of animals Section 12.116 (a) 1, 2, and 3 or a combination thereof or in addition to four (4) household domestic animals or pets. For example a one acre property able to meet all regulations set forth in City code may have one (1) farm animal, one (1) bee hive, four (4) farm poultry or four (4) chickens and four (4) domestic animals. (b) Three or More Dwelling Unit Properties. Farm poultry, farm animals and bees are not allowed on properties with three or more dwelling units. (c) No Slaughtering. The slaughter of farm poultry and farm animals is prohibited on residentially used or zoned properties. (d) No Roosters. No person shall keep roosters, or adult male chickens, on any property within the City. (e) No Cockfighting. Cockfighting is specifically prohibited within the City (f)Ownership Occupancy. The owner of the farm poultry, farm animals and bees shall live in the dwelling on the property. (g) No Breeding. The raising of farm poultry and farm animals for breeding purposes is prohibited on residentially used or zoned properties. (h) No Farm Poultry or Farm Animals in Dwellings or Garages. Farm poultry, farm animals and bees shall not be kept inside of a dwelling or garage. (i) Shelter and Enclosure Requirements for Farm Poultry. Farm poultry shall be properly protected from the weather and predators in a shelter or coop, and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapters 15, 19 and 21. (2) Setback for shelters and enclosures for farm poultry, is a minimum of 100 feet from any lot used residentially or platted for future residential use and 150 feet from any dwelling on a neighboring lot. 5/20/2013 Page 2 of 2 (3) The shelter shall be situated closer to the farm poultry owners €TMs dwelling than to any of the neighboring dwellin g s. (4) Shelter and enclosure must not be located between the owners €TMs dwelling and an adjacent street unless setback at least 50 feet from the property line adjacent to the street. (5) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four (4) feet in height constructed according to the fence standards of Section 21.301.08 shall be provided for the shelter and enclosure. (6) A shelter shall not exceed 120 square feet in size and shall not exceed six (6) feet in height. (7) An enclosure or fenced area for farm poultry shall not exceed 20 square feet per bird and shall not exceed six (6) feet in height and shall have protected overhead netting to prevent attracting predators and other animals running at large. (8) An enclosure or fenced area may be constructed with wood and /or woven wire materials that allow farm poultry to contact the ground. (9) Constructed in a workmanship -like manner to deter rodents and predators (j) Shelter and Enclosure Requirements for Farm Animals. Farm animals shall be properly protected from the weather and predators in a shelter, barn or stable, and have access to the outdoors in an enclosure or fenced area. The shelter and /or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapters 15, 19 and 21. Shelters are considered accessory buildings and must meet all City Code standards for accessory buildings including size, height, setback and number limitations. (2) Setback for shelters, or barns, for farm animals, including bee hives, is a minimum of 100 feet from any lot used residentially or platted for future residential use and 150 feet from any dwelling on a neighboring lot. (3) Setback for enclosures, or fenced areas, for farm animals is a minimum of 50 feet from any lot used residentially or platted for future residential use and 100 feet from any dwelling on a neighboring lot. (4) Shelter shall be situated closer to the farm animal owners €TMs dwelling than to any of the neighboring dwellings. (5) Shelter, enclosure and fenced area must not be located between the owners €TMs dwelling and an adjacent street unless setback at least 50 feet from the property line adjacent to the street. (6) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four (4) feet in height constructed according to the fence standards of Section 21.301.08 shall be provided for the shelter and enclosure. (7) Constructed in a workmanship like manner to deter rodents and predators. (8) The shelter shall be winterized to protect the animals in cold weather. (k) Prevention of Nuisance Conditions. Owners shall care for farm poultry and farm animals in a humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met: (1) The shelter and enclosure are maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors. (2) Feces and discarded feed is regularly collected and stored in a leak -proof container with a tight- fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly. (3) Farm poultry and farm animal feed stored in leak -proof containers with a tight- fitting cover to prevent attraction of vermin. (4) Feces, discarded feed and dead farm poultry and farm animals shall not be composted. (5) Farm poultry and farm animals shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators. (6) Farm poultry and farm animals shall remain in the shelter or enclosure at all times and shall not run at- large. (Added by Ord. No. 201 0 -28, 11 -1 -2010) 5/20/2013 Part 11. Code Chapter 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division D. Chickens, Farm Poultry and Farm Animals Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.117. OWNER RESPONSIBLE. Page 1 of 1 The owner of any farm animal or farm poultry shall be responsible for the conduct and control of any such animal irrespective of whether such animal has escaped from a shelter or enclosure. (Added by Ord. No. 2010-28, 11-1-2010) 5/20/2013 B LOO NIG:TO N Part 11. Code Chapter 12 PUBLIC PEACE AND SAFETY Article IV. ANIMAL CODE Added by Ord. No. 2010-28, 11-1-2010 Division D. Chickens, Farm Poultry and Farm Animals Added by Ord. No. 2010-28, 11-1-2010 SEC. 12.118. PROHIBITED CONDUCT. (a) No person shall use a farm animal: (1) upon a public sidewalk or sidewalk easement; (2) upon the public streets and rights-of-way of the City except during daylight hours; (3) in public places and places of public accommodation; (4) upon private property of another without the permission of the owner of the property; (5) in a careless manner or in disregard of the rights of others. (Added by Ord. No. 2010-28, 11-1-2010) 11 Preface 1 L Charter Code 1 Prin 1 SEARCH I I Forward 11 Page 1 of 1 5/20/2013 Burnsville City Code Chapter 2 — ANIMALS 6-2-1: DEFINITIONS CHICKEN: A domesticated fowl of the genus Gallus and species G. gallus. CHICKEN COOP: Any structure used for the housing of chickens. CHICKEN RUN: A fenced outside yard for the keeping and exercising of chickens. HOUSEHOLD PET: A dog, cat or ferret, regardless of weight, or an animal not exceeding forty (40) pounds in weight that is usually and customarily considered a pet. 6-2-3: LICENSE REQUIRED: No person shall own, harbor or keep within the city a dog, cat, ferret or hen chicken over four (4) months of age unless a current license for such dog, cat, ferret or chicken has been obtained as herein provided. Licenses shall be issued on a biennial basis and shall be for the whole of or unexpired portion of the two (2) year license period ending on December 31. (Ord. 1153, 3-17- 2009) 6-2-4: LICENSE APPLICATION: The application for a license shall be made to the animal control official, except that license applications for chickens will be made to the police department. It shall include such descriptive information as is necessary to provide a reasonable identification of the animal and its owner. The license fee for such license shall be in an amount established by the council annually. At the time of the license application, the owner of the animal shall furnish proof that the dog, cat or ferret being licensed has been vaccinated for rabies and such vaccination is current. A license may be issued for dogs, cats or ferrets less than four (4) months of age without proof of rabies vaccination provided that the animal control official shall issue a ticket requiring proof of vaccination be furnished to the city within a reasonable time after the dog, cat or ferret reaches four (4) months of age. Proof of vaccination shall not be required for chicken licenses. (Ord. 1153, 3-17-2009) 6-2-5: LICENSE TAGS OR BANDS: Upon issuance of a license by the animal control official, the licensee shall be provided with a tag or band bearing the license number, the words "City of Burnsville" and the year when the license begins or has begun. The issued tag shall be affixed securely to a collar or harness and must be worn by the animal at all times. Bands must be securely fastened to the leg of the animal. The city may also choose to approve at an owner's request other forms of physical tagging or identification in lieu of metal tags or bands. A license tag is not transferable to any other animal. If there is a change in ownership of an animal during the license term, the new owner may have the current license changed to his name upon the payment of a transfer fee, or may secure a new license. If an official tag or band is lost, the owner may obtain a new tag or 1 Burnsville City Code band by surrendering the receipt for the previous tag and by paying a sum to be determined by the city council annually. (Ord. 1153, 3-17-2009) 6-2-20: ANIMALS WITHIN CITY LIMITS: Except as otherwise provided, no person shall keep any animal other than a household pet within the city. No more than three (3) dogs over the age of four (4) months shall be maintained at any one residence or premises. No more than five (5) cats over the age of four (4) months shall be maintained at any one residence or premises. No more than five (5) ferrets over the age of four (4) months shall be maintained at any one residence or premises. No more than four (4) chickens shall be maintained at any one residence or premises. Hen chickens may be kept within the residential district. The keeping of roosters is prohibited except as allowed by section 6-2-21 of this chapter. Chickens shall not be raised or kept for fighting. Cockfighting and dogfighting are prohibited. Except within the R-1A district, slaughtering of animals is prohibited within all residential districts. (A) Keeping Of Nondomesticated Animals Prohibited: 1. Definition: As used in this section, "nondomesticated animal" means any wild animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life or property. 2. Prohibited Animals: No person shall keep, maintain or harbor within the city any of the following animals: a. Any animal or species prohibited by Minnesota or federal law. b. Any nondomesticated animal or species, including, but not limited to, the following: (1) All skunks, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (2) All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. (3) All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. (4) All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. (5) All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. (6) All raccoons. 2 Burnsville City Code (7) All apes and monkeys. (8) All other animals which are not listed explicitly above, but which can be reasonably defined by the terms in subsection (A)1 of this section including bears, wolverines and badgers. 3. Selling Prohibited: No person shall offer for sale, within the city limits, any animal prohibited in subsections (A)1 and (A)2 of this section. 4. Exceptions; Permit Required: a. Any persons desiring to keep animals prohibited under subsections (A)1 and (A)2 of this section shall obtain a temporary permit from the city council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animals shall be kept; provided, however, that no such permit shall be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. b. Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, rats, guinea pigs, chinchillas, turtles or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. c. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt from the permit requirement, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. d. Handicapped persons keeping monkeys trained as household helpers are exempt. 5. Impounding Of Nondomesticated Animals: Any nondomesticated animal kept in violation of this section may be impounded by the city, and after being so impounded for five (5) days or more without being reclaimed by the owner may be destroyed or sold. Any person reclaiming such impounded animal shall pay the costs of impounding and keeping the same. 6. Existing Nondomesticated Animals: Anyone keeping or maintaining any nondomesticated animal at the time that this section is adopted has ninety (90) days in which to comply with the provisions of this section. Extensions beyond ninety (90) days may be granted for just cause by the city council. 7. Penalty: Violation of any provision of this subsection (A) shall be a misdemeanor. (Ord. 1153, 3-17-2009) 3 6-2-21: EXCEPTIONS: 6-2-25: PENS; YA " I S: All structures, pens, coops or yards wherein animals are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. Such structures shall be maintained in good condition and shall be sufficient in strength and size to allow the particular animal being kept to move about, but also able to prevent the escape of the animal by climbing, digging, chewing, manipulation of locks, gates or any other means if such restraint is necessary to prevent the creation of a nuisance. The city, upon complaint of any individual, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions hereof. (Ord. 1153, 3-17-2009) Burnsville City Code (A) Persons may keep any type of animal in an area zoned R-1A (one-family rural residential district) or upon property which on the effective date of this chapter harbors animals other than or in addition to household pets, provided that persons keeping the animals must fully comply with the provisions of sections 6-2-22 through 6-2-27 of this chapter and provided further that on property other than R-1A the type and number of animals may not be increased over those kept on the effective date of this chapter and should said property cease to harbor animals other than household pets for any consecutive twelve (12) month period, then the right to keep such animals on said property shall cease. (Ord. 1153, 3-17-2009) 6-2-31: CHICKENS WITHIN CITY LIMITS: (A) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home and/or garage. (B) Chicken Coops And Chicken Runs: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any lot prior to the time of construction of the principal building. 3. Chicken coops and runs shall not be in the front or side yard. 4. Any chicken coop or run shall be set back at least fifty feet (50') from any residential structure on any adjacent lots and ten feet (10') from the property line. 5. Any coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet (4'). 6. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed six feet (6') in total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed six feet (6') in total height. Chicken runs 4 Burnsville City Code may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 7. Chicken coops must be elevated a minimum of twelve inches (12") and a maximum of twenty four inches (24") above grade to ensure circulation beneath the coop. 8. Chicken grains and feed must be stored in rodentproof containers. (C) Conditions And Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the city animal control officer or other agent of the city. (Ord. 1153, 3-17-2009) 5 EAGAN CITY CODE 0 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING SECTION 10.12, SUBDIVISION 8, REGARDING THE HARBORING OF CHICKENS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10.12, Subdivision 8, to read as follows: Subd. 8. Harboring &keeping of chickens. INANCE NO. 511 2ND SERIES A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Chicken means a fowl of the genus Gallus and species Gallus domesticus that is commonly referred to as domesticated fowl 2. Chicken coop means any structure used for the housing of chickens. 3. Chicken run means a fenced outdoor area for the keeping and exercising of chickens. 4. Rooster means a male chicken. B. Chicken permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any chicken within the City, except: (1) in an area zoned as agricultural; or (2) pursuant to a permit issued by the City under this subdivision on a parcel of record zoned for single family detached dwelling. C. Permit application and permit fees. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. A permit issued hereunder shall be for duration of one year from its date of issuance. An application for permit renewal shall be filed 60 days prior to the expiration of the current permit. The permit application shall include, but not be limited to, the following: 1. The full name and address of the following persons: (a) The applicant signed thereto; and (b) The owner(s) of the premises on which chickens are sought to be kept and for which the permit would apply; 2. The street address of the premises on which chickens are sought to be kept; 3. The number of chickens to be kept on the premises; 4. A detailed sketch plan of the premises on which chickens are sought to be kept, including the location, the dimensions and design of the coop and run, establishing compliance with the chicken coop and run specifications provided in this subdivision; 5. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of chickens on the property for which the application is sought; 6. If the applicant is not the fee owner of the premises on which the chickens are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises. 7. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The city clerk may grant an initial or renewal permit under this subdivision; however, a permit may not be issued or renewed unless the application filed demonstrates compliance with the requirements of this subdivision. A permit shall not be issued or renewed until the animal control officer inspects and approves the premises, including the chicken coop and run, at which chickens are sought to be kept. The city clerk shall deny a permit hereunder for any of the following reasons: 1. The application is incomplete or contains false, fraudulent or deceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this subdivision. 3. The premises for which the permit is sought, including, but not limited to, the proposed or existing chicken coop or run, is not in compliance with any provisions of this subdivision, other city code provisions or state laws relating to zoning, health, fire, building or safety. 4. The proposed chicken coop would result in a violation of or be inconsistent with the accessory structure zoning regulations elsewhere in this Code. 5. The applicant or owner of the premises where the chickens are to be kept has been convicted of a violation under this subdivision. 6. The applicant is not the owner of the chickens proposed to be kept on the premises. 2 7. The applicant is not the occupant of the premises for which the permit is sought to be issued. E. Conditions of permit. A permit granted under this subdivision shall be subject to the following conditions: 1. Ownership. The owner of the chickens must occupy the premises for which the permit is issued. 2. Inspection. The premises, including the coop and run thereon, for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other city code provisions and state laws relating to zoning, health, fire, building or safety. 3. Transferability of permit. A permit issued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any chicken on property that is not identified on the permit. 4. Specifications for feeding chickens. All feed for the chickens shall be stored in water-tight and vermin-proof containers. 5. Sp ecfications of chicken coop and run. A chicken coop and run are required. The construction and location of the chicken coop and run shall be in compliance with the applicable building and zoning regulations of the city and the following requirements: (a) The interior floor space of the chicken coop shall be a minimum size of two (2) square feet for each chicken authorized under the permit. (b) The exterior finish materials of the chicken coop shall be: (i) weather-resistant, protective covering material, decay-resistant wood, or if exterior fmish wood is not decay resistant, then the wood fmish shall be protected from the elements and decay by paint or protective covering (e.g. siding, fascia wrap); and (ii) in accordance with the accessory structure regulations set forth in the zoning regulations in this Code. (c) The construction of and materials used for the chicken coop and run must be adequate to prevent access by rodents. 3 (d) The chicken run shall be attached to the chicken coop. The chicken coop and run shall be deemed as a single structure and subject to the accessory structure regulations set forth in the zoning regulations of this Code. (e) The floor area of the chicken run shall be a minimum size of five (5) square feet for each chicken authorized under the permit. (f) (g) (i) The chicken run shall be fully enclosed by fencing or other similar material. No chicken coop or run, or any portion thereof, shall be within 25 feet of the outer perimeter of any inhabitable building. (h) The chicken coop and run shall be setback at least 10 feet from the rear lot line and at least 5 feet from the side lot lines. On properties zoned Estate, the coop and run shall be setback at least 10 feet from the rear and side lot lines. The chicken coop and run, or any portion thereof, shall not be located in the front yard, which is defined as any area located between the front lot line and the front setback line or front building line, whichever is further from the front lot line, running from side lot line to side lot line. The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance regulations elsewhere in this Code. (j) The chicken coop and run shall be kept in a sanitary and odor-free condition, including the regular and frequent removal and proper disposal of any accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard. (k) The chicken coop and run shall be immediately removed if a permit granted under this subdivision expires or is revoked. 6. Regulations. The keeping, harboring, maintaining, or possessing of any chicken under a permit issued pursuant to this subdivision shall be in accordance with the following: (a) No more than five (5) chickens shall be kept or harbored on the premises to which the permit applies. (b) Roosters are prohibited. (c) Slaughtering of chickens on any property zoned for residential use is prohibited. (d) No chickens shall be kept, maintained, housed or permitted inside any residential dwelling or any garage. (e) No chicken shall be permitted to run at large. The term "run at large" is defined as any chicken freely roaming in any area not on the premises to which the permit applies. The chicken shall be deemed to be permitted to run at large when the premises to which the permit applies is not securely enclosed by a proper boundary fence as to prevent a chicken from leaving the premises. (f) If the chickens are not contained at all times to the coop and run and allowed to freely roam within the yard, the property shall be enclosed by a fence in accordance with the fence regulations set forth in the zoning regulations of this Code and which by material and design prevents a chicken from leaving the premises. (g) Chickens shall not be kept in such a manner as to constitute a public nuisance. Any violation of the provisions of this subdivision shall be deemed a public nuisance. (h) No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal use or consumption. 7. Revocation of permit. A violation of any provision of this subdivision or any provisions of the permit issued hereunder shall constitute grounds for revocation of a permit. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 511", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 5 ATTEST: /s/ Christina M. Scipioni /s/ Mike Maguire By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: October 16, 2012 Date Ordinance Published in the Legal Newspaper: October 26, 2012 CITY OF EAGAN City Council FARMINGTON CITY CODE Ca? OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 013-660 AN ORDINANCE ANN/ND:ENG SECTION 6-4-2 RELATED TO KEEPING ANIMALS WITHIN THE CITY AND ADDING SECTION 10-6-29 CHICKENS ON 'URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF TBE CITY OF FARMINGTON ORDAINS: SECTION L Section 6-4-2 is amended by adding the imdeilincd language as llows: 64-2: KEEPING ANIMALS WITHIN CITY: (A) Definitions: The following terms shall have the foil OA , ing meanings: FARM ANIMALS: Cattle, hogs bees, sheep, goats, chickens, turkeys, horses, and other anin als commonly accepted as farm animals in the state of Minnesota. HOUSE PETS: Animals such as dogs, cats, birds (not including pigeons, chickens, geese, 'turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the contabiment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals. (B) House Pets: The keeping of house pets is a permitted accessory use in all zoning districts. (C) Farm Anin The keeping of farm animals iyith t cw; on urban resider:1041 lots whip:1114re reaulated tinder section 10-6-.29 al. districts provided: 1. The minimum lot size is two and o e-half (2 / acres. is a permitted accessory use in all zoning . Farm animals iriay not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the keeper of the animals, unless: (a) The animais were kept prior to the adoption of this section, or (b) The animals were kept after the adoption of this section but prior to the exstence of a IT sid nee within one hundred feet (100). (D), Prohibition: Vith the exception of the keeping of animals allowed by subsections (B) and (C) of this section, no other animals are allowed except by interim use permit as regulated under the pro of section ) Q37 of this code. Commercial Purposes: Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (F ) Nuisance Anima s: Animais may not be kept if ley cause - nuisance or endanger the al . 1 or sa of the communi ,(G) Animal Enclosures: Animal enclosures shall be subject to t e aceessory structure requirements of section 10-6-6 of this code. (Ord. 003-503 11-17-2003) SECTION 2. Title 10 of the City Code is amended by adding Sectioii. 10-6-29 to read as fol PpErtilt, Ikecatired: Chi.c.kep. „Pertnins: - fTegittired forgte, any len rosjdentia). es$ flta.n two and one-haL 1 4'1 (11:.„ Tiensity Residential) and Iras a 11j111.11711:111:11 Ot size c)f feet, The keeping p:17 eh IcitEi-tAY0 ,1111(1 oine-lialf ) acres a.nd .4t1L argiegtij..aled: tutici.eir Section Citicligp11 reqtrires a lleartng be 1.1010. bytlieLfiDard, Actill et: the Cannel]. arit1 adiiim owners are notifiod L infOrmatign d.ocurrtetits to be s ed lattning 1)iyision Nvi:tlian Urban Chicken Pern (.0 Ntttnbcrof.:oititk.ert.S.to.. or: p.rolertv survey slilywirm .11e proposes' locntipa ofthe chielcen coop aridfor ehieketi Tuft tiv.e stib , ?ropert (D) Liniitation „ on the res 3` or tuore dwelling, tinits . e) 0,- buildirtg 7itatt ofthe tititdiptrunt„, (H) Durafjon_ol Tti.e, Urban Chicken li)ernlit snail be valid Ibr one year frotp tile date pfBof.trd ,A:duistrnent ,q1....2prgyitt A re11(3Nya] dermit every \Le 'niter thgjnitial ...AlItsfltlept approval thalLe are Wyt: on an a:::toroved residential Iot.* An : B . Tiplicatiort for a re3newal. pertnit shall . be filed. with the City 30 d.ays prior to tht., expiration. of file current . ;:termit, rE' may1?Q...,.tprilitinated or no tIte cirdinattp! noticS to tile peralit fielder and an opportunity f te.aring tilc Board of -ditistment, retievvajTennit )iii I be revievvecl .and aptyroved 'ee for a1 \Ali II be established yeallY iv :/ottneii„ A.utotnatie Terrolpfitiort Peit: If the OWITC17 412.PIPVt, 0 'IfrOrn prenlises for said 'liens thei.,Jrbar 7hickert 'trim tt 811-01.1. pplpulatiaa v beept11 qinnber C.Ifickens.: No perso stia.1..1 on any single,fami vs!rit fa, :roPertv :more total :lien ehicligni, (Lc I..?..) titan twci and.. lEtelTeS 1.11 SiZe, iro jijp he v on any ....esidclittlativ zoned lows: et , onwirgpertles---igtHcptiten. (11) s1 6, Q DL • CI (J,„ perspri_wlig Jr4, ,.r ,ors cliie -t 1.1.),! pre,p,,sps ti 01.c..11P11 coolLor cilitc.,IPILE111.1ivil' the CitY,, "cketiti are not. allowed to I)e located ill arils? .7..lart of tile home andfor garage, 'e aVe. flee );;11:e: otit000rs :E111. CrIC.10StlifV 01" arld./.017 pre s:11 :0 iter do.., 'Litt sit:all lie cor.!t.ttitte(t urhap. resittoi, jai :J1.4iricw.ro 'thetitit: StfU lie:Drincirtalstructitre.„„ ekel 0001) fill11101' Chipten ritti vvill be allowed per eptial lo.Lproyi 1.11.pcnntilitptsgysliqr utiderb dis is not (Acceded, cocips and runs shall not be located in the front or side - yards and shall - 114, - )t. be glazed anv drainag.e and utility easem,nts found on residential .lots, sitt, Jisooll,!.11151.111j[2,L ...,:.,2:32feet from anv principal structure on adjacent lots and a minitptim of ten (101 .feet - from all propRa rknes, ,Any elticken cool or Tun shall sc.reerted : ew with a :solid fetice or. 1i:: .1 buff:Ter with a minitnutnitei.h.„ lour , , al.1 be i.rt. a.ccordance le-61.2 of 7 chicken. coops intisit a intrkjrntrin :size of ten (10) qu a re clticken ancl inust twenty (20) scware feet .: ::)er citiok.ert and fe.nciitg, lutist not exceed. six (6') 17c totEd Cificicen. runs may bp enclosed Nvood andlor woven wire rnatxmittis. and:I a11.ew chickens tocpn.tact ground, . must hayg:,Axtrot icicens_s.g12qtastpct ft:9a other animals, $ eoops ruttst elevatc,t1 j rarimum 1 (12") Inches at„:„.„ at) ofthirtv ii3ches ahtyve arade - to gt sflre strillttion 'nelatit c,:*,opp, 9111...:10:itpd. ofl re'iJiitt11 used :tit keti ns and tred - Tust be :stored in a ii.)t..1.0nto.r-.0:017 contain :et', ADOPTED this 18' day of/ arch, 2013, by the City Council of the City Far nington. 1) leb th y are the a „oilb - ...1\,To_pet:son who owns, controls. l' ,ep.: harbors be orterna.in.. in. all SECTION 3. Effective Date. This ordinance all be effective upon its passage and publieation according to law. chickens permit 'berm:lids:es ""Where the. hen ciiielseris are :.cept urisanitary or .rtoxious condition orSo permit the prep:lisps to be in &Itch colic:lit:ion Tat Lica 5, jatklic - priElIgjiropertv, Any chicken coo ellickel zed under this see,tiort. rtspectpd a any reasonal.A.e time by ruti ATTEST: SEAL Approved as to Thin y of Summary mblished in the independent T CITY OF FARMINGTON B By: Todd Larson, Mayor 2Q Page s the ab day of , 20/Z. <2,QATIA Minnesota Laws Regulating Exotic Animal Ownership Page 1 of 1 A Minnesota state law (Minnesota Statutes § 346.155) went into effect on January 1, 2005 that prohibits individuals with some exemptions, from purchasing, obtaining, or owning certain exotic animals in Minnesota. The following species are prohibited: • All members of the Felidae (cat) family, except domestic cats. This includes, but is not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots and servals; • Bears; • All nonhuman primates. This includes, but is not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins; and • Any hybrid or cross between an animal listed above and a domestic animal, as well as offspring from all subsequent generations of those crosses or hybrids. People who owned these animals prior to January 1, 2005 may keep them if the animals were registered with their local animal control authority by March 2, 2005 and if the owners comply with certain regulatory standards. What should I do if I want to move my registered animal to a new location or transfer it to a new owner? You must notify the local animal control authority in writing within ten days of a change of address or location where a regulated animal is kept. A sample Notification of Change of Location form is available on the Minnesota Board of Animal Health website which can be used for this purpose. If you have questions about the registration process or the law, please contact your local animal control authority. For more details refer to the full text of Minnesota Statute § 346.155. c/11/9(111 1 MINNESOTA STATUTES 2012 346.155 346.155 POSSESSING REGULATED ANIMALS. Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section. (b) "Person" means any natural person, firm, partnership, corporation, or association, however organized. (c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that: (1) operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime; (2) does not conduct any commercial activity with respect to any animal of which the organization is an owner; and (3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the organization is an owner, except as an integral part of the species survival plan of the American Zoo and Aquarium Association. (d) "Possess" means to own, care for, have custody of, or control. (e) "Regulated animal" means: (1) all members of the Felidae family including, but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association; (2) bears; and (3) all nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins. Regulated animal includes any hybrid or cross between an animal listed in clause (1), (2), or (3) and a domestic animal and offspring from all subsequent generations of those crosses or hybrids. (0 "Local animal control authority" means an agency of the state, county, municipality, or other governmental subdivision of the state that is responsible for animal control operations in its jurisdiction. (g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the meanings given them in section 609.02. Subd. 2. Possession of regulated animals. (a) Except as provided in this section, it is unlawful for a person to possess a regulated animal. (b) A person who possesses a regulated animal on January 1, 2005, has 90 days to come into compliance with regulations promulgated by the United States Department of Agriculture for regulated animals under the Animal Welfare Act, Public Law 89-544, and its subsequent amendments, and the regulations adopted under that act relating to facilities and operations, animal health and husbandry, and veterinary care for regulated animals. (c) Except as provided in paragraph (e), a person must not take possession of a regulated animal after January 1, 2005. Copyright © 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2012 346]55 (d) Except as provided in paragraph (e), a person must not allow regulated animals in their possession to breed after January 1, 2005. (e) Except as provided in paragraph (g), a person who possesses a valid United States Department of Agriculture license and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards on January 1, 2005, may breed, purchase, or otherwise acquire new regulated animals after January ], 2005, in order to: (1) maintain the operating inventory ofregulated animais possessed on January 1, 2005; (2) sell regulated animals to other United States Department of Agriculture licensed and compliant facilities within Minnesota for replacement purposes as provided in clause (1); (3) sell regulated animais outside Minnesota; or (4) sell regulated animais to persons eligible under paragraph (1). Offspri under six months of age shall not be counted for the purpose of determining the number of replacement animals that can be possessed under this paragraph. (1) Except as provided in paragraph (g), a person who does not hold a United States Department of Agriculture license for regulated animals, possesses a regulated animal on January l, 2005, and has properly registered the animal may replace the regulated animal if it dies, but may replace it only once. (g) If a regulated animal dies of neglect or cruelty, is seized pursuant to subdivision 5, or if the person is involved in illegal activiiies, the person cannot acquire a replacement animal. Subd. 3. Registration. (o) Within 60 days after January 1, 2005, a person who possesses a regulated animal must notify in writing the local animal control authority using a registration form prepared by the Minnesota Animal Control Association and approved by the Board of Animal Health. The notification shall include the person's name, address, telephone number, and a complete inventory of each regulated animal that the person possesses. The inventory shall include the following information: number and species of each regulated animal; the microchip number and manufacturer for each regulated animal if available; the exact location where each regulated animal is kept; and age, sex, color, weight, scars, and any distinguishing marks of each regulated animal. (b) If a person who possesses a regulated animal has a microchip implanted in the animal for identification, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. If a regulated animal is sedated for any reason and thc animal does not have a microchi implanted, a microchip must be implanted in the regulated animal. Within 30 days after the microchip is implanted, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. A person selling or transferring ownershi of offspring under six months of age as provided in subdivision 2, paragraph (e), is encouraged to have a microchip implanted in the animal prior to the sale or transfer. Within 30 days of acquisition, a person acquiring ownership of an offspring with a microchi implanted shall comply with microchip information reporting requirements under this section. (c) If a local animal control authority performs an initial site inspection, a fee of up to $50 may be charged. An annual fee of $25 per animal to register regulated animals up to a maximum of $250 annually per person may be charged. The local animal control authority may charge an additional site inspection fee of $50 if the person acquires and possesses another type of regulated Copyright © 2012 by the Offic or the Revisor of Statutes State ofMinnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2012 348.155 animal. A certificate of registration mustbeissmedhvthekocalanima)oon1oo| authority to the person upon payment of the fee. Subd. 4. Requirements. (a) A person who possesses a regulated an alnustmaintain health and ownershi records on each animal and mus maintain the records for the life of the animal. If possession of the regulated animal is transferred to another person, a copy of the health and ownership records must accompany the animal. (b) A person who possesses a regulated animal must maintain an ongoing program of veterinary care which includes a veterinary visit to the premises at least annually. (o) A person who possesses a regulated animal must notify the local animal control authority in writing within ten days of a change in address or location where the regulated animal is kept. The notification of change in address or location form must be prepared by the Minnesota Animal Control Association and approved by the Board of Animal Health. (d) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the United States Department of Agriculture inspection report to the local animal control authority within 30 days of receipt ofihe inspection report. (e) A person who possesses a regulated animal shall prominently display a sign on the structure where the animal is housed indicating that a dangerous regulated animal is on the premises. (f) A person who possesses a regulated animal must notify, as soon as practicable, local law enforcement ofOciu|sofanyescapeofacegulatedonhnu\.Thepeononwhopoaacssesthoregu|ated animal is liable for any costs incurred by any person, city, county, or state agency resulting from the escape of a regulated animal unless the escape is due to a criminal act by another person or a natural event. (g) A person who possesses a regulated animal must maintain a written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or other equipment necessary to assist in the recovery of the regulated animal. (b) A person may not move a regulated animal from its location unless the person notifies the local animal control authority prior to moving the animal. The notification must include the date and the location where the animal is to be moved. This paragraph does not apply to a regulated animal transported to a licensed veterinarian. (i) If a person who possesses a regulated animal can no longer care for the animal, the person shall take steps to find long-term placement for the regulated animal. Subd. 5. Seizure. (o) The local animal control authority, upon issuance ofunotice of inspection, must be granted access at reasonable times to sites where the local animal control authority has reason to believe a violation of this chapter is occurring or has occurred. (b) If a person who possesses a regulated animal is not in compliance with the requirements of this section, the local animal control authority shall take possession of the animal for custody and care, provided that the procedures in this subdivision are followed. (c) Upon request ofa person possessing a regulated animal, the local animal control authority may allow the animal to remain in the physical custody ofthe owner for 30 days, during which time the owner shall take all necessary actions to come in compliance with this section. During Copyright 0 2012 by the Office � the Revisor � Statutes, State �Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2012 346.155 the 30-day period, the local animal control authority may inspect, at any reasonable time, the premises where the animal is kept. (d) If a person who possesses a regulated animal is not in compliance with this section following the 30-day period described in paragraph (c), the local animal control authority shall seize the animal and place it in a holding facility that is appropriate for the species for up to ten days. (e) The authority taking custody of an animal under this section shall provide a notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at the place where the animal is taken into custody, or by delivering it to a person residing on the property. The notice must include: (1) a description of the animal seized; the authority for and purpose of the seizure; the time, place, and circumstances under which the animal was seized; and a contact person and telephone number; (2) a statement that a person from whom a regulated animal was seized may post security to prevent disposition of the animal and may request a hearing concerning the seizure and that failure to do so within five business days of the date of the notice will result in disposition of the animal; (3) a statement that actual costs of the care, keeping, and disposal of the regulated animal are the responsibility of the person from whom the animal was seized, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and (4) a form that can be used by a person from whom a regulated animal was seized for requesting a hearing under this subdivision. (f) If a person from whom the regulated animal was seized makes a request within five business days of the seizure, a hearing must be held within five business days of the request to determine the validity of the seizure and disposition of the animal. The judge or hearing officer may authorize the return of the animal to the person from whom the animal was seized if the judge or hearing officer finds: (1) that the person can and will provide the care required by law for the regulated animal; and (2) the regulated animal is physically fit. (g) If a judge or hearing officer orders a permanent disposition of the regulated animal, the local animal control authority may take steps to find long-term placement for the animal with a wildlife sanctuary, persons authorized by the Department of Natural Resources, or an appropriate United States Department of Agriculture licensed facility. (h) A person from whom a regulated animal is seized is liable for all actual costs of care, keeping, and disposal of the animal, except to the extent that a court or hearing officer finds that the seizure was not substantially justified by law. The costs must be paid in full or a mutually satisfactory arrangement for payment must be made between the local animal control authority and the person claiming an interest in the animal before return of the animal to the person. (i) A person from whom a regulated animal has been seized under this subdivision may prevent disposition of the animal by posting security in the amount sufficient to provide for the actual costs of care and keeping of the animal. The security must be posted within five business days of the seizure, inclusive of the day of the seizure. Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2012 346.155 (j) If circumstances exist threatening the life of a person or the life of any animal, local law enforcement or the local animal control authority may seize a regulated animal without an opportunity for hearing or court order, or destroy the animal. Subd. 6. Disposal of animals. Upon proper determination by a Minnesota licensed veterinarian, any regulated animal taken into custody under this section may be immediately disposed of when the regulated animal is suffering and is beyond cure through reasonable care and treatment. The authority taking custody of the regulated animal may recover all costs incurred under this section. Subd. 7. Exemptions. This section does not apply to: (1) institutions accredited by the American Zoo and Aquarium Association; (2) a wildlife sanctuary; (3) fur-bearing animals, as defined in section 97A.015, possessed by a game farm that is licensed under section 97A.105, or bears possessed by a game farm that is licensed under section 97A.105; (4) the Department of Natural Resources, or a person authorized by permit issued by the commissioner of natural resources pursuant to section 97A.401, subdivision 3; (5) a licensed or accredited research or medical institution; or (6) a United States Department of Agriculture licensed exhibitor of regulated animals while transporting or as part of a circus, carnival, rodeo, or fair. Subd. 8. License transfer. Nothing in this section precludes a person who holds a valid United States Department of Agriculture license from selling or transferring the entire business and the regulated animals covered by that license to another person who holds a valid United States Department of Agriculture license. Subd. 9. Report to Board of Animal Health. By July 1 each year, a local animal control authority shall report to the Board of Animal Health on regulated animals registered with the local animal control authority. The report shall include all registration information submitted to the local animal control authority under subdivision 3, paragraph (a), and information on enforcement actions taken under this section. Subd. 9a. Confinement and control. A person violates this subdivision who possesses a regulated animal and negligently fails to control the animal or keep it properly confined and as a result the animal causes bodily harm, substantial bodily harm, or great bodily harm to another person. Subd. 10. Penalty. (a) A person who knowingly violates subdivision 2, 3, paragraph (b) or (c), or 4 is guilty of a misdemeanor. (b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a gross misdemeanor. (c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. Copyright © 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2012 346.155 (d) A person who violates subdivision 9a, resulting in substantial bodily harm is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. (e) A person who violates subdivision 9a, resulting in great bodily harm or death is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, unless a greater penalty is provided elsewhere. History: 2004 c 264 s 1; 2006 c 260 art 1 s 5-9 Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 21. INFORMATION MEMO LEAGUE OF MINNESOTA Animal Regulation in Cities crnEs Find out how cities may regulate and control pets, farm animals, exotic animals, and newly popular hobbies of keeping bees or chickens. Learn approaches to common problems such as dangerous dogs, dogs running at large, barking, and feral cats. Animal health and safety laws. Animal fighting. Owner rights and responsibilities. RELEVANT LINKS: Minn. Stat. § 412221 RIM. Minn. Stat. §§ 347.50-.565. Ilandbook, Chapter 7. Village qt Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S. Ct. 114 (1926). Press v. City of Minneapolis, 553 N.W.2d 80 (Minn. Ct. App. 1996). State v Reha, 483 N.W.2d 688 (Minn. 1992). Holt v. City of Sauk Rapids. 559 N.W.2d 444 (Minn. Ct. App. 1997). This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West Saint Paul, MN 55103-2044 • The keeping of animals. • Animals running at large. • The impounding, sale, or destruction of animals. • Dangerous and potentially dangerous animals. 1. General considerations in regulating animals Cities have broad authority to regulate animals by adopting an ordinance under their police powers or, in some cases, by relying on state law. Police powers relate to public health, safety, and general welfare. Cities may regulate many aspects related to animals within the city, including the following: A. Drafting the ordinance Regulation of animals should be done by ordinance. The city should have a reasonable basis for adopting the animal control ordinance. This means that the ordinance must not be arbitrary or unreasonable. Establishing a reasonable basis for the ordinance at the time it is adopted will help the city defend the ordinance if it is later challenged. The ordinance should be clearly drafted and, whenever possible, include objective standards that provide adequate notice of what is required. It should be written so that ordinary people can understand what conduct is prohibited or required. An ordinance can still be flexible and broad so long as it is clear what the ordinance allows or prohibits. Furthermore, a clearly written ordinance helps to avoid arbitrary or discriminatory enforcement. When deciding how to handle animal-related issues, the city may select the solution it sees as the best fit (so long as it is reasonable) even if it is not the same method used in other cities or what other people might see as more appropriate. wvvw.lmc.org (651) 281-1200 or (800) 925-1122 4/2/2013 0 2013 All Rights Reserved RELEVANT LINKS: Town of Grant v. Johnson, No. C2-93-243 (Minn. Ct. App. June 29, 1993) (unpublished decision). Minn. Stat. § 347.51, subd. 8. Section VII-B, Police dogs and service animals. Corn v. Sheppard, 229 N.W. 869 (Minn. 1930). Soucek v. Banharn, 524 N.W.2d 478 (Minn. Ct. App. 1994). Minn. Stat. § 609.52. U.S. Const. amends. V and XIV. Minn. Const. alt. 1, § 7. Mathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893 (1976). League of Minnesota Cities Information Memo: Animal Regulation in Cities The city will want to consider how it will enforce an animal regulation ordinance. The city should make sure it has the people, resources, interest, and capability to enforce such an ordinance. The city should also consider the unique aspects of animal regulations, such as catching or seizing animals, impounding animals, destroying animals, and other issues that arise when dealing with animals. B. Making distinctions between animals The city may make distinctions between different types of animals in its animal control ordinance as long as there is a reasonable basis for the distinction. However, some types of distinctions are prohibited by law. For example, state law prohibits regulating dangerous dogs based solely on the breed of the dog. There may be many distinctions that have a reasonable basis. Some common distinctions are: 9 Farm animals from pet animals. * Police dogs from other dogs. • Service animals from other animals. • Zoo ownership of wild or exotic animals from private ownership of the same animals. 11. Owner rights and responsibilities A. Rights In general, the law treats animals as personal property. Therefore, animal owners have the same rights with regard to their animals as with other personal property. 1. Due process rights Both the federal and state constitutions provide that no person may be deprived of their property without due process of law. The two basic requirements of due process are: 1) notice to interested parties and 2) an opportunity to be heard by a person or group who has the authority to make a decision on the matter. The opportunity to be heard must be at a meaningful time and in a meaningful manner. Since animals are treated as property, due process considerations apply in situations where the city is dealing with animals. 4/2/2013 Page 2 RELEVANT LINKS: Mathews V. Eldridge, 424 U.S. 319, 96 S. Ct. 893 (1976). Sawh v. City gain° Lakes, 823 N.W.2d 627 (Minn. 2012). U.S. Const. amend. IV. Camara v. Municipal Court, 387 U.S. 523, 87 S. Ct. 1727 (1967). Camara v. Municipal Court, 387 U.S. 523, 87 S. Ct. 1727 (1967). LMC Infon Packet, Administrative Searches and Seizures. League of Minnesota Cities Information Memo: Animal Regulation in Cities Due process is a flexible concept and should be tailored to the particular situation. Statutes sometimes provide particular notice and hearing requirements that must be followed. Even if the law is silent on notice or hearing requirements, or the requirements provided are minimal, that does not mean that due process does not apply. Rather, that means that the city, with the help of the city attorney, should determine how the city will satisfy these requirements. Whenever possible, it is a good idea to spell out the process that will be followed in the applicable city ordinance. 2. Lawfully entering onto private property The procedures covered in this memo often involve private property. Private property rights are constitutionally protected, so it is important that the city take appropriate steps to ensure these rights are respected. Whenever this memo mentions entering private property for investigative, enforcement, or other reasons, the principles outlined in this section will apply. Generally, in order to lawfully enter private property for investigative, enforcement, or other purposes, the city must either obtain voluntary consent from the owner or an administrative search warrant. Seeking consent is the simplest way to gain access to property. Consent must be voluntarily given by a person who has the authority to consent, such as the owner or occupant of the property. It is important that the person giving consent is aware of the purpose and scope of the inspection or investigation before consenting. It is preferable to obtain the consent in writing. If the city does not or cannot obtain the owner's consent to enter the property, the city may obtain an administrative search warrant. An administrative search warrant is issued by a judge and allows designated people to enter the property for certain purposes specified in the warrant. An administrative search warrant removes the need for consent. In order to obtain an administrative search warrant, the city must demonstrate to the judge "probable cause," which shows its request to enter private property is justified. While some state laws and ordinances say that searches or inspections may be conducted at any time, it is still preferable to obtain consent or a search warrant. In some situations, it may be possible to lawfully enter private property without consent or a warrant, such as when an emergency exists. The city attorney will be able to provide specific legal advice on how best to lawfully enter private property. 4/2/2013 Page 3 RELEVANT LINKS: Minn. Stat. § 412.221, subd. 21. Minn. Stat. ch. 343. Section V-G, Dangerous dogs. Minn. Stat. § 347.22. Minn. Stat. § 347.01-.03. Minn. Stat. § 346.39. Section IX-A, Animal cruelty provisions. League of Minnesota Cities Information Memo: Animal Regulation in Cities B. Responsibilities Animal owners also have responsibilities for their animal. Some common responsibilities are to: • Obtain the appropriate license, if any, from the city and satisfy all requirements related to obtaining and maintaining the license. • Treat their animal humanely. • Maintain control of their animal and comply with applicable nuisance ordinances, such as not allowing the animal to run at large, not allowing their animal to be excessively noisy, etc. It is also the responsibility of the animal owner to comply with all state laws and city ordinances that apply to their animal. In addition, animal owners are generally responsible for the actions of their animal, including damage caused by the animal. For instance, the owner of a dog is generally responsible for injury or damage that occurs when the dog bites another person or animal. If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable for damages to the person so attacked or injured for the full amount of the injury sustained. The term "owner" includes any person harboring or keeping a dog, but the owner must be primarily liable. There are also state laws that protect the owners of animals, including domestic animals and livestock, from dog attacks on their animals. The owner or keeper of a dog that kills, wounds, or worries a domestic animal will be held liable to the owner of the animal that was damaged. III. City responsibilities Cities are responsible for enforcing ordinances, properly caring for animals in their custody, and following the applicable laws and ordinances. Oftentimes, these responsibilities are most obvious when the city has captured, seized, or otherwise has an animal in its custody or care. A. Minnesota Pet and Companion Animal Welfare Act—cats and dogs The Minnesota Pet and Companion Animal Welfare Act (Animal Welfare Act) sets minimum care standards of cats and dogs for veterinarians, animal boarding facilities, and commercial animal facilities. It is not clear what constitutes an animal boarding facility, so it is not clear whether these laws apply to city facilities. A conservative approach for cities is to follow the minimum care standards outlined below in facilities where animals are boarded. 4/2/2013 Page 4 RELEVANT LINKS: Minn. Stat. §§ 346.35-.44. 'Minn. Stat. § 346.39, subd. 4. Minn. Stat. § 346.39, subd. 7. Minn.. Stat. § 346.39, subd. 4. Minn. Stat. § 346.39, subd. 12. Minn. Stat. § 346.39, subd. S. Minn.. Stat. § 346.39, subd. 9. Minn. Stat. § 346.39, subds. 9, 10, 11. Minn. Stat. § 346.39, subds. 1, 3. National Research Council, 500 Fifth St. N.W., Washington, D.C. 20001; 202-334-2000. Minn. Stat. § 346.39, subds. 2, 3. Minn. Stat. § 34 .39, subd. 12. League of Minnesota Cities Information Memo: Animal Regulation in Cities This Act has different requirements for different animals, so the city should consult the statute to ensure the applicable requirements are followed, particularly when working with an animal not regularly dealt with. Since the city most commonly deals with dogs and cats, this section will cover the requirements for those animals. 1. Confinement A confinement area must provide sufficient space to allow each cat and dog to turn about freely and easily stand, sit, and lie in a normal position. State law provides a formula to determine the minimum amount of space required. Confinement areas must be maintained at a temperature suitable for the animal involved. A shaded area must be sufficient to protect the animal from the direct rays of the sun at all times from May to October. Bedding, if used, must be kept clean and dry. Outdoor enclosures must be kept clean and base material replaced as necessary. If the confinement area is indoors, it must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the room temperature rises to a level that may endanger an animal's health. Further, an indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning. Where applicable, the interior surfaces of confinement and exercise areas, including crates and containers, must be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned. They must protect the animal from injury and be kept in good repair. Animal wastes and excess fluids must be disposed of properly. 2. Food and water Cats and dogs must be provided with food of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Food must be provided at least once every 24 hours or more often, if necessary, to maintain the health and condition of the animals. The feed standards recommended by the National Research Council should be followed. Cats and dogs must also be provided with clean, potable water in sufficient quantity to satisfy the cat's or dog's needs. Water must be provided at least once every eight hours. Snow and ice are not adequate water sources. Food and water containers must be accessible to each animal and located to minimize contamination by animal waste. The containers must be kept clean. Disposable containers must be discarded when soiled. Measures must be taken to protect animals from being contaminated with water, wastes, and harmful chemicals. 4/2/2013 Page 5 RELEVANT LINKS: Minn. Stat. § 346.39, subds. 3, 5. Minn. Stat. § 346.39, subd. 3. Mirth. Stat. § 346.37, subd. 1. Minn. Stat. § 346.37, subd. 1. A.G. Op. 146-e (Dec. 6, 1948). Minn. Stat. § 346.47, subd. 1. Minn. Stat. § 346.47, subd. 2. Minn. Stat. § 346.47, subd. 1. League of Minnesota Cities Information Memo: Animal Regulation in Cities 3. Exercise All cats and dogs must be provided the opportunity for exercise for 20 to 30 minutes at least once every eight hours, either through free choice or a forced work program, unless exercise is restricted by a licensed veterinarian. 4. Transportation When dogs or cats are transported in crates or containers, the crates or containers must be constructed of nonabrasive wire or a smooth, durable material suitable for the animals. Crates and containers must be clean, adequately ventilated, contain sufficient space to allow the animals to turn around, and provide maximum safety and protection to the animals. 5. Disposal of animals under Animal Welfare Act If the city is in possession of an animal and turns it over to a veterinarian, boarding facility, or commercial facility, and the owner does not claim the animal from that facility within ten days after notice, the law provides a process for the facility to dispose of the animal. The law requires that facilities must warn its patrons of the disposal process in a conspicuously posted notice or by conspicuous type in a written document given to the owner. If the city enters into agreements with these types of facilities, the city may consider giving a similar warning. B. Disposition of animals Cities generally have the authority to dispose of animals in their custody according to the process laid out by law or city ordinance. If there is no state law or ordinance to allow disposition of the animal, the city likely lacks the authority to do so. 1. Seizure of animals The process of seizing animals, outlined below, applies to any public or private agency, person, society, or corporation with custody of animals seized by the city or other political subdivision. Unclaimed animals must be held for redemption by the owner for at least five regular business days of the impounding agency. The city can, by ordinance, require the holding period to be longer. A "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of 8 a.m. and 7 p.m. 4/2/2013 Page 6 RELEVANT LINKS: Minn. Stat. § 346.47, subd. 2. Minn. Stat. 346.47, subd. 2. Coyle v. City ofDelano, 526 N.W.2d 205 (Minn. Ct. App. 1995). Minn. Stat. § 346.47, subd. 3. State v. Utech, No. A09-1766 (Minn. Ct. App. Sept. 28, 2010) (unpublished decision). Minn. Stat. § 343.37. Minn. Stat. § 343.27. A.G. Op. 210d7 (May 19, 1947). League of Minnesota Cities Information Memo: Animal Regulation in Cities While the law does not provide notice and hearing requirements, it would be prudent for the city to notify owners or others with an interest in the animal, if known, that the animal has been seized and is being held. There should also be some process for the owner to reclaim the animal. The establishment must maintain the following records of the animal in custody: The description of the animal by species, breed, sex, approximate age, and other distinguishing traits. • The location at which the animal was seized. * The date of seizure. • The name and address of the person from whom any animal three months of age or over was received. • The name and address of the person to whom any animal three months of age or over was transferred. These records must be preserved for at least six months and must be maintained in a form permitting easy perusal by the public. A person may view the records and animal in custody at any time during which the establishment is open to the public. Where the city transfers the animal to another agency, that agency has the same duties imposed by law, including keeping these records. A person must not release an animal seized for research or product testing, either directly or through an animal dealer. This does not apply to the temporary transfer of an animal to a college of veterinary medicine or veterinary technology school accredited by the American Veterinary Medicine Association for the purpose of sterilization or needed veterinary care. 2. Disposition If after the specified time and when the statutory and due process requirements have been met, the city may dispose of the animal. State law prohibits the use of a decompression chamber to destroy an animal. State law also prohibits unjustifiably administering any poisonous or noxious drug or substance. The attorney general has advised that the issue of whether to use poison to dispose of animals is an issue of fact for the city to decide. The way cities dispose of animals varies. Some cities contract with a veterinarian to have the animal "put down." Other cities may have the staff and resources available to dispose of the animal without the need to contract with another person or organization. 4/2/2013 Page 7 RELEVANT LINKS: "1-1SUS Condemns the Use of Carbon Monoxide (CO) for Euthanasia of .Anitnals in Shelters," Humane Society of the United States (August 2, 2012). "AVMA Guidelines on Euthanasia of Animals: 2013 Edition," American Veterinary Medical Association (2013). Minn. Stat. § 347,17. Minn. Stat. § 35.69. Minn. Stat. § 347.03.. _Minn. Stat. § 35.82, subd. 2. There are many organizations that make recommendations or have guidelines on euthanizing animals. While these are not binding on cities (and, indeed, are not written for cities), they may provide helpful information for cities when deciding how animals will be destroyed. 3. Diseased dogs There are certain situations described by law that allow any person to kill a dog immediately. Any person may kill any dog: • That the person knows is affected with the disease hydrophobia (which is associated with rabies). • That may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper. • Found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals. • Running at large on the public streets or roads without the required muzzle when a board of health determines that rabies exists in the town or city and the required rabies proclamation is filed. • Found chasing, injuring, or worrying sheep or other livestock or poultry owned by or in care of an owner or caretaker. Further, any owner or caretaker of sheep may kill any dog found on their property where sheep are kept, not under human restraint or control. These laws are intended only for specific circumstances. Cites should not rely on these laws to generally kill or dispose of animals. 4. Disposing of animal carcasses Sometimes the city will be asked what an animal owner should do with the animal carcass when the animal dies at home. State law provides that the animal should be buried at a depth that will prevent scavenging by other animals, a thorough bum of the carcass, or disposal of the animal by other approved methods. Some cities will spell out what to do with a carcass by ordinance. Other cities prohibit the burning of carcasses, particularly by burning them in a wood burner or boiler. League of Minnesota Cities Information Memo: 4/2/2013 Animal Regulation in Cities Page 8 RELEVANT LINKS: Soucek v. Banham, 524 N.W.2d 478 (Minn. Ct. App. 1994). Molenaar v. United Cattle Co., 553 N.W.2d 424 (Minn. Ct. App. 1996). Wilson v. City of Eagan, 297 N.W.2d 146 (Minn. 1980). Church of Lukumi Babaht Ave v. City of Hialeah, 508 U.S. 520 (1993). Section I, General considerations in regulating animals. City of Faribault v. Wilson, 25 N.W. 449 (Minn. 1885). Section IV-G, Vaccinations. League of Minnesota Cities Information Memo: Animal Regulation in Cities 5. Liability The city should be cautious when disposing of animals because owners can recover damages from the city if the city wrongfully destroys their animal. This may also apply when there is an emergency or urgent situation where an animal is killed without due process. Generally, the measure of damages is the fair market value of the animal. There is some uncertainty about whether the owner of the animal may recover punitive damages as well. It is important for the city to be cautious and to document the reasons that justified their actions; this will help defend the city if the action is challenged. 6. Slaughtering Cities generally have the authority to regulate slaughtering within the city. Many cities prohibit slaughtering of animals in city limits, unless the location is a slaughterhouse or similar establishment or is in a particularly zoned area. However, cities need to be careful in drafting and enforcing ordinances on slaughtering of animals so that the ordinance is not used to target religious slaughtering or sacrificing of animals. Iv. Animal regulation—general information Cities have broad authority to regulate animals and may adopt appropriate regulations for the needs of the community. This section will discuss some general issues about regulating animals, as well as issues specific to common types of pets. A. Licensing A city may license pets. If the city chooses to license pets, it should adopt an ordinance that sets forth the process and requirements. The city may charge a reasonable fee for the license. The cost of the license should be set at a level to recoup the costs of issuing the licenses, enforcement, and other related costs. Some cities require proof of current vaccination in order to obtain a license. One way to do this is to require animal owners to show a certificate from a veterinarian indicating that the animal has been vaccinated. This method is preferred to having applicants check a box indicating the animal has been vaccinated. Having an applicant check a box, without a certificate to verify the vaccinations, could allow the owner to provide inaccurate information. 4/2/2013 Page 9 RELEVANT LINKS: Minn. Stat. § 347.08-.2 Minn. Stat. §§ 346.35-.44. Section III-A Minnesota Pet and Companion Animal Welfare Act. League of Minnesota Cities Information Memo: Animal Regulation in Cities Some cities also offer a lower-cost license if the animal has been spayed or neutered. Spaying and neutering can help to minimize the populations of unwanted or stray animals. Presumably, the lower cost is related to the lower cost of enforcement of an animal that will not produce offspring or the troubles related to mating. Some cities also provide animal licenses for free or at a reduced cost for service animals and police dogs. There are a couple of reasons for the lower cost. One rationale is that these animals are not just pets, but perform important (and sometimes necessary) work for the individuals and, in the case of police dogs, for the community. The other rationale is that these animals are less likely to cause animal-control issues, such as running at large. Licensing animals serves different purposes, depending on the licensing ordinance. For example, when animals are required to be properly vaccinated, it leads to a healthier animal population. Another benefit is that the city can collect a fee that can be used to offset the costs of enforcing animal regulations. In tight budget times, this might be a way to help pay for the services related to animal control. 1. Lifetime licenses Some cities offer lifetime licenses for an animal as an alternative to a regular license. As the name suggests, the owner only needs to purchase one license for the animal instead of renewing the licenses annually or at some other set interval. Lifetime licenses may have more conditions to meet than a standard license, such as requiring proof that the animal has had a microchip implanted. Some cities still require that the owner regularly update the city with vaccination certificates for each animal with a lifetime license. This allows the city to ensure licensed animals are regularly vaccinated and that the license is still active (i.e., the animal is still alive and living in the city). 2. County licenses If the city does not have a licensing ordinance, the county may have ordinances about licensing and regulating dogs running at large that apply in the city. If there is an applicable county ordinance, the city clerk should be familiar with his or her responsibilities under the county ordinance. B. Humane care While state law regulates the humane care of animals, cities may choose to adopt similar provisions by ordinance. The ordinance should clearly spell out what is or is not acceptable. Instead of drafting an ordinance from scratch, the city may incorporate state law, such as the Animal Welfare Act, into city ordinances. 4/2/2013 Page 10 RELEVANT LINKS: Holt v. City of Sauk Rapids, 559 N.W.2d 444 (Minn. Ct. App. 1997). State v. Reinke, 702 N.W.2d 308 (Minn. Ct. App. 2005). State v. Schuler, No. C9-96-1047 (Minn. Ct. App. Feb. 25, 1997) (unpublished decision). Boitz v. Preblich, 405 N.W.2d 907 (Minn. Ct. App. 1987). Minn. Stat. § 346.57, subd. 1. Minn. Stat. § 346.57, subd. 3. Minn. Stat. § 346.57, subd. 2. League of Minnesota Cities Information Memo: Animal Regulation in Cities When looking into whether an animal is being treated inhumanely, cities should keep in mind that different animals, and different breeds of animals, may have different needs and different thresholds. Otherwise, an owner may challenge a citation for animal cruelty on the basis that the ordinance was applied to him or her arbitrarily. C. Limiting number of animals The city may place reasonable limits on the number of animals per household or residential unit. Minnesota courts have upheld ordinances that limit the number of dogs per household in order to deal with noise, odor, and other related concerns. The courts have found that ordinances that address these issues were reasonably related to the public's health, safety, and welfare. The city does not have to base the number on empirical evidence, but there should be some rational relationship between the ordinance and the health or safety of the community. Cities approach limiting the number of animals per household in different ways. For example, some cities will cap the total number of animals allowed per household and other cities will limit the number of each type of animal that is allowed. The numbers of allowed animals also ranges. The city can determine the best approach for its community. D. Animals at large Animals that are running loose may be considered a public nuisance. One solution to this issue is to enact a "leash law" that requires animals to be on leashes or otherwise under control. E. Dogs and cats in vehicles A person may not leave a dog or cat unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. The most common example would be leaving a dog or cat in a car in hot or cold weather. A violation of this law is subject to a $25 fine. A peace officer, humane agent, dog warden, or volunteer or professional member of a fire or rescue department may use reasonable force to enter a motor vehicle and remove a dog or cat that has been left in the vehicle. The person removing the dog or cat must use reasonable means to contact the owner to arrange for its return. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter. 4/2/2013 Page 11 RELEVANT LINKS: Section IV-A, Licensing. "Vaccinations," American Veterinary Medical Association (December 2009). Section IV-H, Rabies. "Canine Distemper," American Veterinary Medical. Association (March 2010). "Rabies," American Veterinary Medical Association (March 2010). "Compendium of Animal Rabies Prevention and Control, 2011," National Association of State Public Health Veterinarians (November 4, 2011). Minn. R. 1705.1145. Minn. R. 1705.1146. "Rabies Vaccination Certificate (Form 51)," National Association of State Public Health Veterinarians' (2007). League of Minnesota Cities Information Memo: Animal Regulation in Cities F. Cleaning up animal waste Many cities also have an ordinance that requires people to pick up animal waste. The point is to prevent animal waste from accumulating or entering storm drains, which could lead to a variety of livability and health-related concerns. G. Vaccinations A city may require that animals be vaccinated in order to obtain a pet license. The vaccines required should be tailored to the needs of the surrounding area. The city should require only "core" vaccines that are recommended for most pets. A local veterinarian can assist the city in determining what vaccines are considered "core" in the area. Rabies vaccines are commonly required to obtain a pet license. Vaccines are an important way to minimize the chance of rabies becoming a problem in the city. Another commonly required vaccine for dogs is canine distemper. This highly contagious and serious virus is spread through airborne exposure to the virus from an afflicted dog or wild animal. Distemper is often fatal, and where it is not fatal, it causes irreparable damage to an animal's health. H. Rabies Rabies is a deadly disease caused by a virus that attacks the nervous system. It is most commonly spread when people and animals are bitten by an infected animal. Because rabies can be fatal, it is important to minimize the spread of this disease. One way to do this is to require pets to be vaccinated. The National Association of State Public Health Veterinarians (NASPHV) recommends that local governments initiate and maintain effective programs to ensure vaccinations of all dogs, cats, and ferrets. 1. Vaccination Animal rabies vaccines may only be administered by or under the supervision of a veterinarian. Minnesota law requires that the veterinarian responsible for the administration of the rabies vaccine sign a rabies vaccination certificate for each pet vaccinated. The certificate must include the information specified by law. The NASPHV has a recommended Rabies Certificate (Form 51) for use as the rabies vaccination certificate. 4/2/2013 Page 12 RELEVANT LINKS: "Compendium of Animal Rabies Prevention and Control, 2011," National Association of State Public health Veterinarians (November 4, 2011). Minn. R. 1705.1100. Minn. Stat. § 35.67. Minn. Stat. §§ 35.67-.69. Minn. R. 1705.1200. Minn. Stat. § 145A.04. Minn. Stat. § 35.68. Minn. Stat. § 35.69. Minn. R. 1705.1200. League of Minnesota Cities Information Memo: Animal Regulation in Cities 2. Control measures In addition to vaccinations, the NASPHV recommends the following procedures to enhance rabies control: • Identification of dogs, cats, and ferrets (e.g., metal or plastic tags or microchips) to allow for verification of rabies vaccination status. • Registration and licensure of all dogs, cats, and ferrets. Evidence of current vaccination should be a requirement to obtain a license. • House-to-house checks by animal control officials to ensure compliance with vaccination and licensure requirements. • Citations issued to owners for violations, including the failure to vaccinate or license their animals. • Incorporate stray animal control, leash laws, and animal-bite prevention, and training of appropriate city personnel on these procedures. • Incorporate education covering responsible pet ownership, bite prevention, and appropriate veterinary care into city programs. 3. Complaints and investigations Any person who knows or reasonably suspects any animal is infected with rabies must report it to the board of animal health immediately. If the state board of animal health, or city or county board of health, receives a written complaint that rabies exists within the board's jurisdiction, the board must investigate the truth of the complaint. A board of health may also make an investigation and determination without receiving a complaint. Local peace officers and boards of health must enforce these laws on rabies. Peace officers and authorized agents of a board of health must file a complaint concerning any known violation of the rabies laws. 4. Proclamations If rabies are found to exist, the entity doing the investigation must make a proclamation that prohibits the owner or custodian of any dog from allowing the dog to be at large within the city, either on the premises of the owner or elsewhere, unless the dog is effectively muzzled so that it cannot bite any other animal or person. The proclamation must be filed with the appropriate personnel at all political subdivisions subject to the proclamation. 4/2/2013 Page 13 RELEVANT LINKS: Minn. Stat. § 35.68. Minn. R. 1705.1200. Minn. Stat. § 35.69. Minn. Stat. §§ 35.67-.69. Minn. R. 1705.1130. Minn. R. 1705.1175. Minn. R. 1705.1180. Minn. R. 1705.1131. Minn. R. 1705.1131. Minn. R. 1705.1151, subp. 3. Minn. R. 1705.1151, subp. 1. Minn. R. 1705.1151., subp. 1. Minn. R. 1705.1151, subp. League of Minnesota Cities Information Memo: Animal Regulation in Cities If a proclamation is filed with the city, the city must, at its own expense, publish a copy of it in one issue of a legal newspaper published in the city, if one is published there. If no newspaper is published there, the clerk must post a copy of the proclamation in three public places. Proof of publication must be by affidavit of the publisher and proof of posting must be by the person doing the posting. The affidavit must be filed with the proclamation. The proclamation is effective five days after the publication or posting and remains effective for a specified period of time, which should not exceed six months. When a rabies proclamation is in effect, any person may kill a dog running at large on the public streets or roads unless the dog is effectively muzzled so that it cannot bite any person or animal. The owner of the dog has no claim against the person who kills the dog. 5. Disposition Animals determined by the veterinarian to be bitten or otherwise exposed to a rabid animal must be humanely euthanized or quarantined for six months unless certain conditions are met. The quarantine starts with the day of exposure. Quarantined pets must be vaccinated at the beginning of the quarantine. Wild animals, domesticated wild animals, or hybrids for which there is no licensed rabies vaccine must be euthanized or quarantined for life if exposed to a rabid animal. If such an animal bites a human, it must be euthanized and tested for rabies, unless the animal is exempt from testing by law. If a pet animal bites a human, the pet must be confined and observed for signs suggestive of rabies for ten days or euthanized and tested for rabies. If at any time during the ten-day observation the animal dies, it must be tested for rabies. If the animal shows signs suggestive of rabies, it must be euthanized and tested for rabies. Stray or unwanted pet animals may be euthanized after a five-day holding period and, if euthanized, must be tested for rabies. If, after consultation with a board or public health official, a veterinarian requests a rabies test in writing, a stray or unwanted animal must be euthanized and tested during the five-day period. If a farm animal bites a human, it must be evaluated on an individual basis by a veterinarian. If it is acting normal, it may be confined for 14 days. If it exhibits unusual behavior, it must be euthanized and tested for rabies. 4/2/2013 Page 14 RELEVANT LINKS: Section IX, Animal health and safety laws. City of Edina v. Dreher, 454 N.W.2d 621 (Minn. Ct. App. 1990). Minn. Stat. § 157.175, subds. 1, 2. Minn. Stat. § 157.175, subd. 3. Minn. Stat. § 157.175, subd. 4(a). Minn. Stat. § 157.175, subd. 7. League of Minnesota Cities Information Memo: Animal Regulation in Cities V. Regulation of dogs Dogs are regulated both at the state and local level. In addition to the general laws and considerations discussed earlier in this memo, there are some special provisions for dogs. A. Barking dogs A barking-dog ordinance must give guidance to the pet owners, neighbors, and enforcement officers as to what would be considered allowable or prohibited barking, whining, or other noisy conduct. One way to accomplish this is to include objective criteria, such as designating barking, howling, etc. for more than a pre-determined number of minutes to be a violation. It is best to avoid vague language like prohibiting animals that disturb the peace and quiet of any persons in the vicinity because such vague language can lead to inconsistent or arbitrary enforcement. B. Dogs at outdoor restaurants A city may adopt an ordinance permitting restaurants to allow dogs to accompany persons using the designated outdoor areas of food and beverage service establishments, such as restaurants, cafes, etc. The ordinance must prohibit dangerous and potentially dangerous dogs from accompanying persons to these establishments. The ordinance cannot prohibit an establishment from banning dogs. If a person is accompanied by a dog at an establishment, and knows that the establishment has posted a sign banning dogs or is otherwise informed that dogs are not permitted, the person may be ordered to leave. The ordinance must require participating establishments to apply for and receive a permit from the city before allowing dogs on the premises. The city must require the applicant to provide information that the city deems reasonably necessary. This information must include, at a minimum, the following: • The name, location, and mailing address of the establishment. • The name, mailing address, and telephone contact information of the permit applicant. • A description of the designated outdoor areas in which the permit applicant intends to allow dogs. • A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor areas. The ordinance must also include a definition of "designated outdoor area" that is consistent with applicable rules adopted by the Commissioner of Health. 4/2/2013 Page 15 RELEVANT LINKS: Minn. Stat. § 157.175, subd. 4(b). Minn. Stat. § 157.175, subd. 4(c). Minn. Stat. § 157.175, subd. 5. Minn.. Stat. § 157.175, subd. Minn. Stat. § 157.175, subd. 6. Minn. Stat. § 256C.02. Minn. Stat. § 363A.19. Section IV-D, Animals at large. Minn. Stat. § 412.221, subd. 21. Minn. Stat. § 346.52. Minn. Stat. § 346.50. Minn. Stat. § 346.53. city. League of Minnesota Cities Information Memo: Animal Regulation in Cities The permit cannot be transferred to a new owner and expires automatically upon the sale of the establishment. The new owner is required to reapply for a permit if he or she wishes to continue to allow dogs on the premises. The city may incorporate these permit requirements into a permit or license issued under an existing ordinance if the city ensures that current and future permit and license holders comply with the requirements of the law. A city may exempt current permit and license holders from reapplying for a permit, if current permit or license holders provide information requested by the The ordinance must include regulations and limitations that the city deems reasonably necessary to protect the health, safety, and general welfare of the public. At a minimum, the ordinance must include the following requirements: • Employees must be prohibited from touching, petting, or otherwise handling dogs. • Employees and patrons must not allow dogs to come into contact with items involved in food service operations such as dishes, utensils, tableware, linens, paper products, or other items. • Patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control. • Dogs must not be allowed on chairs, tables, or other furnishings. • Dog waste must be cleaned immediately and the area sanitized. The requirements listed above must be clearly printed on a sign or signs posted on the premises in a manner and place that are conspicuous to employees and patrons. Any ordinances related to animals in restaurants must not limit a disabled person access to places of public accommodation while accompanied by a service animal as provided by law. Further, the lawful use of a service animal by a licensed police officer must not be limited. C. Dogs at large Cities may prohibit dogs running at large or otherwise uncontrolled. If the city does not prohibit dogs running at large, state law provides that the owner or custodian of a dog that is permitted to be uncontrolled off the owner or custodian's premises must have the dog identified in one of the ways specified by law, such as an identification tag, microchip, tattoo, etc. A violation of this state law is a petty misdemeanor. 4/2/2013 Page 16 RELEVANT LINKS: Nlinn. Stat. § 346.54. Minn. Stat. § 347.04-.07. LMC Information Memo, Public .Nuisances. League of Minnesota Cities Information Memo: Animal Regulation in Cities When an animal shelter receives a dog, an employee must check for identification on the animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means. While not required by law, the city should also check for these identifications if it receives a dog. D. Dogs as a nuisance Any dog that habitually worries, chases, or bothers people traveling peaceably on the public road is a public nuisance. In addition to the remedies in city ordinances on dogs running at large, a person may make a written complaint to a district court judge regarding the dog. After the court procedures described by law, the judge will decide if it is a public nuisance. If the dog is found to be a nuisance, the judge will order the appropriate public official to kill and dispose of the dog. Costs must be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment will be entered against the owner. E. Dog parks Dog parks are designated places where dog owners can take their dogs to exercise and socialize with other dogs. These parks vary widely, depending on the needs and wants of the community. Dog parks are often, but not always, enclosed and allow dogs to be off of their leashes while in the park. Some cities charge a fee for a permit or license to use the park; the money collected is then spent on maintaining the park. If the city chooses to operate a dog park, the city can design the park to suit the available space and the needs of the community. Dog parks can have a wide variety of amenities, but some things to consider: * Will barriers, either manmade or natural, be used to keep dogs inside of the park area? * What rules should there be for using the park? • Will trash containers and/or bags be provided to encourage owners to pick up animal waste? Where will the dog-park patrons park? * Will there be water for the dogs to drink or to play in (e.g., lake, stream, etc.)? * Will larger and smaller dogs be separated? * What maintenance will have to be done? How often? Who will do it? Will there be areas for people to sit (e.g., benches, shelters, etc.) while at the park? 4/2/2013 Page 17 RELEVANT LINKS: Minn. Stat. § 347.32. Minn. Stat. § 347.31, subd. 2. "Kennel Information," Minnesota Board of Animal Health. Minn. R. 1720.1330-.1670. Minn. Stat. § 347.40. Claesgens v. Animal Rescue League of Hennepin Cnty., 216 N.W. 535 (Minn. 1927). A.G. Op. 477B7 (Oct. 15 1945). Minn. Stat. §§ 347.50-.565. Minn. Stat. § 347.53. Brunotte v. City of St. Paul Office Safety & Inspections, No. A08-0173 (Minn. Ct. App. Feb. 10, 2009) (unpublished decision). .Hannan V. City' of Minneapolis, 623 N.W.2d 281 (Minn. Ct. App. 2001). Am. Dog Owners Assin„ Inc. 1'. City of Minneapolis, 453 N.W.2d 69 (Minn. Ct. App. 1990). Minn. Stat. § 347.53. Minn. Stat. § 347.51, subd. 8. League of Minnesota Cities Information Memo: Animal Regulation in Cities F. Kennels A kennel must receive a license from the Board of Animal Health. State law defines a kennel as any place where dogs or cats are kept, congregated, or confined, if the dogs or cats were obtained from municipalities, pounds, auctions, or by advertising for unwanted dogs or cats, or dogs or cats strayed, abandoned, or stolen. A kennel does not include a pound owned and operated by a city, a person's home where dogs and cats are kept as pets, or a licensed veterinarian who keeps, congregates, or confines dogs or cats in the normal pursuit of the practice of veterinary medicine. In addition to state laws, the city may also regulate kennels by ordinance. Sometimes, cities will expand the definition of kennel to include places where more than a certain number of dogs are kept, regardless of where the dogs came from. This type of ordinance would include homes with many dogs, boarding facilities, etc. Unless the city can show that the kennel or pound would be a nuisance everywhere within the city, the city should not adopt an ordinance prohibiting all kennels or pounds. The city should set the license fee in an amount that covers its costs. The attorney general has advised that in order to avoid a kennel fee from being considered a revenue-raising fee, the ordinance should be based on the costs incurred to provide policing, regulation, and inspection. G. Dangerous dogs Cities have a legitimate interest in regulating and controlling dangerous dogs because the issue relates to the safety of city residents. The process for dealing with dangerous dogs is largely spelled out in state law. Cities do not need to have an ordinance in place in order to follow the process in state law. However, there is some room for cities to add stricter regulation through city ordinance, such as applying the same provisions to animals other than just dogs. State laws do not regulate potentially dangerous dogs to the same degree as dangerous dogs, so cities may adopt an ordinance that covers requirements and procedures related to potentially dangerous dogs in addition to dangerous dogs. Oftentimes, these requirements are similar to those required for dangerous dogs. The city cannot adopt an ordinance regulating potentially dangerous or dangerous dogs based solely on the specific breed of the dog. If the city does have such an ordinance, it is considered void. 4/2/2013 Page 18 RELEVANT LINKS: Minn. n. Stat. § 347.50, subd. 2. Minn. Stat. § 347.50, subd. 6. 1\ilinn. Stat. § 609.02, subd. 7a. Minn. Stat. § 347,50, subd. 3. Minn. Stat. § 347.50, subd. 8. Minn. Stat. § 347.51, subd. 5. Minn. Stat. § 347.51, subd. 4. League of Minnesota Cities Information Memo: Animal Regulation in Cities 1. Definitions A dangerous dog is defined as any dog that: • Without provocation, inflicted substantial bodily harm on a human being on public or private property. (Substantial bodily harm means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member). • Has killed a domestic animal without provocation while off the owner's property. • Has 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. A potentially dangerous dog is defined as any dog that: • When unprovoked, inflicts bites on a human or domestic animal on public or private property. • When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack. • Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. 2. Exceptions A dog may not be declared dangerous if the threat, injury, or damage was sustained by a person who: • Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog. • Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog. • Was committing or attempting to commit a crime. The potentially dangerous and dangerous dog laws do not apply to dogs used by law enforcement officials for police work. 4/2/2013 Page 19 RELEVANT LINKS: Minn. Stat. § 347.565. Minn. Stat. § 347.50, subd. 7. Minn.. Stat. § 347.51, subd. 9. Hansen v. City of St. Paul, 214 N.W.2d 346 (Minn. 1974). Minn. Stat. § 347.541, subd.s. 1, 2. Brunotte v. City of St. Paul Office Safety & Inspections, No. A08-0173 (Minn. Ct. App. Feb. 10, 2009) (unpublished decision). Minn. Stat. § 347.541, subd. 3. League of Minnesota Cities Information Memo: Animal Regulation in Cities 3. Enforcing dangerous dog laws The dangerous dog laws must be enforced by the animal control authority or law enforcement agency whether or not there is a local ordinance on the subject. An "animal control authority" is defined as an agency of the state, county, municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction. The law is not clear on the city's role in enforcing the dangerous and potentially dangerous dog provisions when it does not have an animal control operation or law enforcement agency. However, it seems that if the city already regulates animals it would likely also have some level of responsibility for enforcing the dangerous and potentially dangerous dog laws. An animal control authority may contract with another political subdivision or other person to provide the services required by the dangerous dog laws. Regardless of any contract entered into, all fees collected under these laws must be paid to the animal control authority. Further, all certificates of registration must be issued in the name of the animal control authority. 4. Liability for not enforcing laws The city should take care to follow up on complaints and enforce the dangerous dog laws. In one opinion, the Minnesota Supreme Court found the city liable for permitting vicious dogs to roam on city sidewalks after it received many complaints concerning the same dogs being involved in attacks on city sidewalks. The court held that the city breached its duty to maintain safe streets and sidewalks by not impounding these dogs. Further, the court held that there was not a failure to exercise a discretionary function, so the city was not immune from liability. It is important to note that cities must have actual or constructive notice of the condition. 5. Hearing to contest designation The owner of any dog that is declared to be dangerous has the right to a hearing by an impartial hearing officer to contest the designation. If the dog has been seized, the person claiming an interest in the dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure, counting the day of the seizure. The authority declaring the dog to be dangerous must give notice of the right to a hearing by delivering or mailing the notice to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include all of the following: 4/2/2013 Page 20 RELEVANT LINKS: Minn. Stat. § 347.52(a), (c). Minn. Stat. § 347.51. Minn. Stat. § 347.515. Minn. Stat. §347.52 Minn. Stat. § 347.541, subd. 4. Sawh v. City gain() Lakes, 823 N.W.2d 627 (Minn. 2012). Brunotte v. City °1St. Patel Office Safety ct Inspections, No. A08-0173 (Minn. Ct. App. Feb. 10, 2009) (unpublished decision). Minnegasco v. Minn. Pub. Utils. Comen, 529 N.W.2d 413 (Minn. Ct. App. 1995). rev'd on other grounds, 549 N.W.2d 904 (Minn.1996). League of Minnesota Cities Information Memo: Animal Regulation in Cities • A description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept. • A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to request a hearing within 14 days of the date of the notice will terminate the owner's right to a hearing. • A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of the law regarding proper enclosures, muzzling, and restraint and notification to the animal control authority if the dog is moved or dies until such time as the hearing officer issues an opinion. • A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all registration, microchipping, and other requirements. • A form to request a hearing. * A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. If requested, the hearing must be held within 14 days of the request. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, the dog's owner will be responsible for the actual expenses of the hearing up to a maximum of $1,000. The hearing officer must issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. The decision to declare a dog to be dangerous must not be arbitrary and capricious. The decision is arbitrary and capricious only if 1) it relies on factors not intended by the ordinance; 2) it entirely fails to consider an important aspect of the issue; 3) it offers an explanation that conflicts with the evidence; or 4) it is so implausible that it could not be explained as a difference in view or the result of the city's expertise. 4/2/2013 Page 21 RELEVANT LINKS: Minn. Stat. § 347.51, subds. 1, 2. Minn. Stat. § 347:50, subd. 5. Minn. Stat. § 347.51, subd. 2. Minn. Stat. § 347.50, subd. 4. Minn. Stat. § 347.51, subd. 2. Minn. Stat. § 347.51, subd. 2. Minn.. Stat. § 347.515. League of Minnesota Cities Information Memo: Animal Regulation in Cities 6. Registration of dangerous dogs A person cannot own a dangerous dog unless the dog is registered in accordance with the law, which is done by the owner of the dog obtaining a certificate of registration from the animal control authority. (An owner is any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog). The animal control authority must issue a certificate of registration to the owner if the owner presents sufficient evidence that all of the following conditions are met: • A proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inform children. (A proper enclosure means 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 dog. A proper enclosure 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 dog from exiting). • A surety bond has been issued by a surety company authorized to conduct business in Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in Minnesota in the amount of at least $3 00,000, insuring the owner for any personal injuries inflicted by the dangerous dog. • The owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog. • The owner has had microchip identification implanted in the dangerous dog. 7. Uniform warning symbol The Commissioner of Public Safety has designed a uniform warning symbol that is intended to inform people that there is a dangerous dog on the property. The symbol looks like this: 4/2/2013 Page 22 RELEVANT LINKS: Minn. R. 7417.0400. Minn. Stat. § 347.51, subd. 2a. "Dangerous Dog Warning Sign Application," Minnesota Department of Public Safety (Oct. 2012). Minn. Stat. § 347.51, subd. 7. Minn. R. 7417.0200. Minn. R. 7417.0300. "Dangerous Dog Warning Sign Application," Minnesota Department of Public Safety (Oct. 2012). Minn.. Stat. § 347.51, subd. 7. Minn. R. 7417.0200. _Minn.. R. 7417.0200. Minn. Stat. § 347.52(b). Section V-G-12, Transfer or death of dangerous dog. Minn. Stat. § 347.515. League of Minnesota Cities Information Memo: Animal Regulation in Cities If the animal control authority issues a certificate of registration, it must also provide a copy of the uniform warning symbol to inform children that there is a dangerous dog on the property. This symbol must be posted on the owner's property. The Commissioner must provide the requested number of copies of the warning symbol to the animal control authority and must also charge the animal control authority the actual cost of the warning symbols. In turn, the animal control authority may charge the owner of the dangerous dog a reasonable fee to cover its administrative costs and the costs of the warning symbol. In addition, a registered dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous. State rules provide the specific standards that must be followed. One requirement is that the tag must include the uniform dangerous dog symbol. This tag must be attached to the dog's collar at all times. The tag must have the dangerous dog's registration number inscribed on the back of the tag. The tag must also have the following inscribed or attached to the back: "Minn. Stat. § 347.51, requires that this authorized warning symbol be posted on a dangerous dog tag and affixed to the dog's collar at all times. Minnesota Department of Public Safety" An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog moves to a new jurisdiction, the dog must be registered as a dangerous dog in its new jurisdiction. 8. Microchip identification The owner of a potentially dangerous or dangerous dog must have a microchip implanted in the dog for identification. The name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the owner does not have the microchip implanted in the dog, the animal control authority may have the microchip implanted. In either case, all costs related to the purchase and implantation of the microchip are the owner's responsibility. 4/2/2013 Page 23 RELEVANT LINKS: Minn. Stat. § 347.52(a). Minn. Stat. § 347.52(d). Minn. Stat. § 347.52(e). Minn. Stat. § 347.51, subd. 3. Minn. Stat. § 347.51, subd. 3a. Minn. Stat. § 347.52(c), (f). Minn. Stat. § 347.52(f). League of Minnesota Cities Information Memo: Animal Regulation in Cities 9. Additional dangerous dog requirements In addition to the registration requirements, there are other requirements that must be met in order to own a dangerous dog. If a dangerous dog is outside of a proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a way that will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or breathing. A dangerous dog must be sterilized at the owner's expense. If the owner does not have the dog sterilized within 30 days, the animal control authority must seize the dog and have it sterilized at the owner's expense. If a person who owns a dangerous dog rents property from another person where the dog will reside, the dog owner must disclose to the property owner that he or she owns a dangerous dog that will live at the property. This disclosure must be made prior to entering a lease agreement and at the time of any lease renewal. 10. Fees An animal control authority may charge the owner an annual fee of not more than $500 to obtain a certificate of registration for a dangerous dog. This fee may be in addition to any regular dog licensing fee. 11. Review of dangerous dog designation Beginning six months after a dog is declared dangerous, an owner may make an annual request that the animal control authority review the designation. The owner must provide 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. If the animal control authority finds sufficient evidence that the dog's behavior has changed, it may rescind the dangerous dog designation. 12. Transfer or death of dangerous dog If the dangerous dog is moved to a new home, the owner must notify the animal control authority in writing of the transfer of the dog to a new location within 30 days of the transfer. If the animal control authority requests it, the owner must execute an affidavit under oath that sets forth the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. A person who transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the dog as dangerous. 4/2/2013 Page 24 RELEVANT LINKS: Minn. Stat. § 347.52(c.). Minn. Stat. § 347.542, subds. 1, 2. Minn. Stat. § 347.542, subd. 3. Minn. Stat. § 347.54, subd. 1(a). Minn. Stat. § 347.51. Minn. Stat. § 347.51, subd. 2. Minn. Stat. § 347.52. Minn. Stat. § 347.52(d). League of Minnesota Cities Information Memo: Animal Regulation in Cities When a dangerous dog dies, the owner must notify the animal control authority in writing within 30 days. If the animal control authority requests it, the owner must execute an affidavit under oath setting forth the circumstances of the dog's death and the disposition of the animal. 13. Restrictions on ownership In the circumstances outlined by law, a person is prohibited from owning any dog if the person has been convicted of certain crimes. In addition, if any member of a household is prohibited from owning a dog, no person in the household is permitted to own a dog. The animal control authority may make an exception to this rule by approval with or without restrictions. The ban on ownership may be reviewed starting three years after the conviction that prohibits a person from owning a dog, and annually thereafter, at the request of the person. The law outlines the process for review, including factors that may be considered. These factors include the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the animal control authority deems appropriate. The animal control authority may rescind the prohibition on ownership completely or rescind it with limitations. The animal control authority may also establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition and that person later fails to comply with any limitations imposed by the animal control authority or if the person is convicted of any animal violation involving unprovoked bites or dog attacks, the animal control authority may permanently prohibit the person from owning a dog in Minnesota. 14. Confiscating dangerous dogs The animal control authority that has jurisdiction over a dangerous dog must immediately seize the dog if: * The dog is not validly registered under the law 14 days after the owner has notice that the dog is dangerous. • The owner does not secure the proper liability insurance or surety coverage as required under the law 14 days after the owner has notice that the dog is dangerous. * The dog is not maintained in the proper enclosure. • The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under the law. • The dog is not sterilized within 30 days. 4/2/2013 Page 25 RELEVANT LINKS: Minn. Stat. § 347.54, subd. 1(b). Minn. Stat. § 347.54, subd. 2. Minn. Stat. § 347.51. Minn. Stat. § 347.52. Minn.. Stat. § 347.54, subd. 2. Section III-B, Disposition of annuals. Minn. Stat. § 347.54, subd. 3. Minn. Stat. § 347.51. Minn. Stat. § 347.515. Minn. Stat. § 347.52. Section III-B, Disposition of animals. Minn. Stat. § 347.56, subd. 2. Minn. Stat. § 347.56, subd. 1. Minn. Stat. § 347.50, subd. 6. Minn. Stat. § 609.02, subd. 7a. Minn.. Stat. § 347.50, subd. 6a. Minn. Stat. § 609.02, subd. 8. League of Minnesota Cities Information Memo: Animal Regulation in Cities If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. A dangerous dog that is seized may be reclaimed by the dog's owner after the owner pays the impounding and boarding fees and presents proof to the animal control authority that the legal requirements for owning a dangerous dog will be met. If a dog is not reclaimed within seven days, it may be disposed of in a manner permitted by law. The owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. If a person has been convicted for violating certain provisions of the dangerous dog laws, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court must order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of in a manner permitted by law. 15. Destruction of dangerous dogs The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. Notwithstanding other sections of the dangerous dog laws, a dog may be destroyed in a proper and humane manner by the animal control authority if the dog: • Inflicted substantial or great bodily harm on a human on public or private property without provocation. (Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Great bodily harm means bodily injury that creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm). • Inflicted multiple bites on a human on public or private property without provocation. 4/2/2013 Page 26 RELEVANT LINKS: Minn. Stat. § 347.50, subd. 8. Section V-G-5, Hearing to contest designation. Sawh v. City Olin° Lakes, 823 N.W.2d 627 (Minn. 2012). Minn. Stat. § 347.55. Section IV, Animal regulation — general information. "Feral Cats: Frequently Asked Questions," Humane Society of the United States (April 27, 2010). "Feral Cats: Frequently Asked Questions," Humane Society of the United States (April 27, 2010). League of Minnesota Cities Information Memo: Animal Regulation in Cities Bit multiple human victims on public or private property in the same attack without provocation. • Bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Just as the city's decision to declare a dog to be dangerous must not be arbitrary or capricious, the city's decision to destroy a dangerous dog must not be arbitrary or capricious. 16. Penalties A violation of the dangerous dog laws may be a misdemeanor or gross misdemeanor, depending on the situation. VI. Regulation of cats In addition to the general requirements already discussed earlier in this memo, cities may impose requirements for care of cats by ordinance. Often the most problematic cats in the city are feral cats. Feral cats are from the offspring of lost or abandoned pet cats or other feral cats who are not spayed or neutered. These cats were never pets and do not have owners. (In comparison, stray cats are pet cats that have wandered off or gotten loose.) Feral cats are not tame like pet cats and can be difficult to handle. Feral cats can threaten the health, safety, and general welfare of the city. Some of the more common concerns include: • Noise from fighting or mating cats. • Foul odors from cats marking their territory. • Flea infestations. • Multiplying numbers of feral cats. • Visible suffering and death of kittens and cats. Cities may take action to deal with feral cats. A. Feral cat trapping programs If cities choose to take action on the feral cat issue, it is often done by adopting a program. A "Trap-Neuter-Return" program is recommended by the Humane Society of the United States (HSUS). At a minimum, this program includes spaying or neutering, giving rabies vaccinations, and surgically ear-tipping. (Ear-tipping is the universally recognized sign of a cat that has gone through this sort of program). 4/2/2013 Page 27 RELEVANT LINKS: "Feral Cats: Frequently Asked Questions," Humane Society of the United States (April 27, 2010). "Feral Cats: Frequently Asked Questions," Humane Society of the United States (April 27, 2010). Section III-B, Disposition of animals. League of Minnesota Cities Information Memo: Animal Regulation in Cities The positive results from this program include: • Reduced mating-related fighting and other related noises. • Neutered or spayed feral cats roam much less and are less visible and less prone to injury from cars. • Reduced foul odors (neutered male cats are no longer able to produce the stinky spray used to mark territory). • Reduced reproduction activity leads to fewer feral cats being bom, resulting in a lower population over time. Some cities will have city employees trap cats. Other cities will enlist the assistance of the residents in trapping cats. Cities may provide the traps for residents to pick up. Cities can accept feral cats that were trapped by residents and brought to designated spots, such as the animal control authority. B. Feeding bans Sometimes cities will impose "feeding bans" that prohibit residents from feeding feral cats with the idea that if the cats are not fed, they will go away. While this seems like it would work, it often does not. One reason relates to enforcement. Feeding of feral cats is not easily observed behavior so it is not easy to enforce a ban. Further, some people do not like to see animals suffering and will feed the cats despite the ban. Even if people are not intentionally feeding them, feral cats can still find food from other sources like dumpsters and garbage cans. Feral cats can often survive for weeks without food and, since they are territorial animals, they will not quickly or easily leave their territory to look for new food sources. Instead, they tend to move closer to human activities as they grow hungrier and more desperate. Malnutrition makes them more likely to succumb to parasites, like fleas, that can spread into houses, garages, and businesses. Finally, malnourished cats are likely to continue to reproduce, resulting in malnourished kittens, causing this cycle to continue. C. Disposition Some cities will choose to dispose of feral cats that have been captured instead of spaying or neutering and returning them. If the city chooses this method, it should dispose of these cats in a humane manner. VII. Regulation of other animals While dogs and cats are perhaps the most commonly regulated animals in cities, there are many other types of animals that the city may want to consider regulating. This section discusses some of these other animals. 4/2/2013 Page 28 RELEVANT LINKS: Turtles - 21 CFR § 1240.62. "CPG Sec. 170.-100 Turtles - Ban on Interstate and Intrastate Sales and Distribution," U.S. Food and Drug Administration (Sept. 16, 2009). Minn. Stat. § 145.365. Minn. Stat. § 346.155. Section Exotic or regulated animals. Minn. Stat. § 347.51, subd. 4. Minn. Stat. § 343.20, subd. 7. Minn. Stat. § 256C.02. Minn. Stat. § 363A.19. Minn. Stat. § 363A..09. Minn. Stat. § 256C.02. "ADA Guide for Small Towns," U.S. Department ofJustice. Minn. Stat. § 343.21, subd. 8a. League of Minnesota Cities Information Memo: Animal Regulation in Cities A. Other pet animals Other common pet animals that the city may consider regulating include birds, fish, rodents, reptiles, and amphibians. Generally, cities do not regulate these types of pets but may do so based on the health, safety, and welfare of the community. If the city would like to regulate these types of animals, it is very important to work with the city attorney. State and federal law prohibit ownership of certain animals as pets based on health and safety concerns related to those particular animals. Small turtles, skunks, and exotic animals are a few examples of animals that generally cannot be owned as pets. B. Police dogs and service animals Police dogs and service animals bear special consideration when the city is drafting ordinances. State law regularly exempts these two special categories of animals from regulation based on the work they do. Cities should also exclude these animals from ordinances where appropriate. 1. Police dogs State laws often explicitly exempt police dogs from state requirements. For example, state statutes regulating dangerous dogs do not apply to dogs used by law enforcement for police work. It makes sense for cities to also consider when it might be appropriate to exempt police dogs from city ordinances, such as ordinances regulating dangerous animals. Exempting police dogs from certain requirements reflect the unique nature and use of police dogs. 2. Service animals A service animal is an animal that has been trained to assist a person with a disability. A city cannot prohibit a person who is blind or deaf or has a different physical or sensory disability from taking a service animal into a public place or conveyance. The animal must be properly harnessed or leashed so that the person can maintain control of the animal. A blind, physically disabled, or deaf person cannot be required to pay an additional charge when taking a service animal into a public place. Under state law, a person must not intentionally and without justification do either of the following to a service animal while it is providing service to or while it is in the custody of the person it serves: 4/2/2013 Page 29 RELEVANT LINKS: Section III-A, Minnesota Pet and Companion Animal Welfare Act. Minn. Stat. § 346.16. Minn. Stat. § 61.09. Stewart v. Frisch, 381 N.W.2d 1 (Minn. Ct. App. 1986). State v. Nelson, 499 N.W.2d 512 (Minn. Ct. App. 1993). League of Minnesota Cities Information Memo: Animal Regulation in Cities • Cause bodily harm to the service animal. • Otherwise render the animal unable to perform its duties. C. Farm animals Farm animals generally include animals that live on farms, such as cattle, sheep, goats, pigs, and horses. A city can define "farm animals" in its ordinance to include whatever animals it wishes. In addition to the Animal Welfare Act requirements, cities take different approaches in how they regulate farm animals in their communities. Some cities will only allow farm animals in certain zoning districts, such as land zoned for agricultural uses. Other cities allow some farm animals anywhere in the city as long as the requirements in the ordinances are met, such as having a lot over a specified size. It is important to be clear what animals the ordinance covers and to provide clear definitions. 1. Farm animals at large If any person herds cattle, horses, asses, mules, sheep, swine, or goats on land over the protest of the land owner, the animals are considered to be running at large. Court opinions have determined that "at large" means when animals are not restrained or confined. Any person who knowingly allows animals to run at large is liable for damage caused. 2. Chickens Like other animals, cities take different approaches for regulating chickens. Some cities include chickens in the same regulations that apply to other farm animals or livestock. Other cities have ordinances that allow chickens in the city under certain circumstances. However the city decides to regulate chickens, it is important to be clear about the regulations. A Minnesota court has found that, unless specifically included in the definition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. If the city would like to include chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other similar descriptions. The bottom line here is that if the city wants to regulate chickens, it should make sure that chickens are covered by the ordinance. "Urban chickens," also called "city chickens," are becoming a more common issue in cities across the state and country. The urban chicken "movement" is often linked to the increased desire for people to be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have access to fresh eggs on a regular basis. 4/2/2013 Page 30 RELEVANT LINKS: "Keeping Backyard Poultry," Centers for Disease Control and Prevention (April 23, 2012). Contact the LMC Research Department for sample ordinances. "Apiaiy Program Information," Minnesota Department of Agriculture. Minn. Stat. § 17.445. League of Minnesota Cities Information Memo: Animal Regulation in Cities This small-scale keeping of chickens is different than a business that raises hens for eggs and meat. Those businesses are regulated differently than residents who want to keep a few chickens in their backyards. There are no state laws that address urban chickens or keeping of chickens in cities, so it is up to the city council to decide if it wants to regulate the keeping of chickens. The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The city can do this in a number of ways, including regulation under the general animal or farm- animal ordinance or by passing an ordinance specific to keeping chickens. If the city chooses to regulate the keeping of urban chickens, some common requirements include: • Allowing only hens (no roosters). • Limiting the number of hens allowed. • Maintaining coops or runs in a sanitary and humane condition. • Keeping chickens contained or under control at all times. • Locating coops a certain distance from property lines and other structures like houses. 3. Farm animals as pets It is not uncommon for a resident to want to keep a farm animal, such as a miniature horse or potbelly pig, as a pet. Some city ordinances would not allow for these animals as pets because the ordinance includes them as farrn animals and prohibits them in residentially-zoned areas. Other cities may allow for these types of animals by specific ordinance provisions, sometimes requiring a permit from the city. Given that these animals have been gaining in popularity, it is a good idea for the city to consider the issue and have an ordinance in place. D. Insects and bugs Insects and bugs are a part of life in Minnesota. While cities cannot regulate where insects and bugs choose to live, there are some things a city can do, such as regulating beekeeping or abating mosquitoes. 1. Beekeeping Since 2006, beekeeping is no longer regulated by state law, except for apiary inspection services related to the transportation of bees to other states. Cities may choose to regulate beekeeping within city limits. Some cities prohibit the practice while others allow it after obtaining a permit or allow it outright. 4/2/2013 Page 31 RELEVANT LINKS: Minn. Stat. § 18G.14. Minn. Stat. § 346.155, subd. 1(e). Minn. Stat. § 346.155, subd. 1(e). _Minn. Stat. § 346.155, subds. 2, 3, 4. Minn. Stat. § 346.155, subds. 5, 6. Minn. Stat. § 346.155, subd. 7. League of Minnesota Cities Information Memo: Animal Regulation in Cities 2. Mosquitoes The abatement or suppression of mosquitoes is advisable and necessary for the maintenance and improvement of the health, welfare, and prosperity of the people. Areas where mosquitoes incubate or hatch are considered public nuisances and may be abated under state law. Cities have the direct authority to participate in mosquito abatement efforts. The city may establish a mosquito abatement board to oversee abatement efforts. The city may also levy a tax or issue certificates of indebtedness to pay for the program. 3. Local pest control A city may establish and fund a program to control native or exotic pests that are likely to cause economic or environmental harm or harm to human health. The city may levy a tax or issue certificates of indebtedness to pay for the programs. This sort of program may be useful in dealing with tree pests, such as the emerald ash borer. E. Exotic or regulated animals State law governs the owning and possessing of exotic animals, called "regulated animals" in the statutes. With very limited exceptions, a person may not own or possess a regulated animal. Regulated animals are defined as: • All members of the Felidae family including, but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association. • Bears. • All nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins. Further, the term "regulated animal" includes any hybrids or crosses between an animal listed above and a domestic animal and offspring from all later generations of the hybrids or crosses. If a person owned or possessed a regulated animal on January 1, 2005, and meets all of the requirements of the law, the person is allowed to keep that animal. There are provisions governing replacement of an animal that is lawfully possessed. The law also outlines a process that a city is required to follow if it needs to seize or dispose of a regulated animal. The laws on regulated animals do not apply to certain institutions enumerated by law, such as certain wildlife sanctuaries, zoos, licensed game farms, fairs, and others. 4/2/2013 Page 32 RELEVANT LINKS: Minn. Stat. ch. 97A. Minn. Stat. ch. 97B. Minn. Stat. ch. 97C. Minn. Stat. § 97A.201. "Hunting Sz. Trapping," Minnesota Department of Natural Resources. Minn. Stat. § 624.711-.717. Minn. Stat. § 471.633. Minn. Stat. § 97A.401, subd. 4. Minn. Stat. § 97A.137, subd. 4. Minn. Stat. § 343.20. League of Minnesota Cities Information Memo: Animal Regulation in Cities VIII.Hunting and fishing Issues related to wild animals, including hunting and fishing, are regulated by state laws. This means that cities have a limited role in regulating wild animals, hunting, or fishing. However, all peace officers are required by law to enforce the game and fish laws. County attorneys are also required to enforce these laws. Cities with large populations of wild animals, such as deer, are often faced with questions about hunting within city limits. Because state law regulates firearms in addition to hunting, the city is limited in how it can regulate hunting within the city. While cities cannot regulate firearms or hunting, the city may regulate, by ordinance, the discharge of firearms. (The city may also adopt an ordinance that includes regulations identical to state law). By regulating the discharge of firearms, the city can have some control over hunting within its jurisdiction. Cities may also work with the Minnesota Department of Natural Resources to hold a special hunt for certain animals, such as deer, within the city. This is often done when there is an overabundance of a particular animal in the area. The city may charge an administrative fee in connection with special hunts under their jurisdiction. Fees to be collected must be based upon the estimated cost of conducting the special season or administering the special restrictions. Certain wildlife management areas in cities are exempt from local ordinances that limit the taking of game and fish or vegetation management. The size of the management area will determine if and what restrictions are in place. IX. Animal health and safety laws A. Animal cruelty provisions The state animal cruelty laws apply to all living creatures except people. Torture or cruelty is defined by state law as every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death. For purposes of these laws, an animal control officer is an officer employed by or under contract with an agency of the state, county, municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction. 4/2/2013 Page 33 RELEVANT LINKS: Minn. Stat. ch. 343. Minn. Stat. § 343.2 State v. Utce 17, No. A09-1766 (Minn. Ct. App. Sept. 28, 2010) (unpublished decision). Minn. Stat. § 343.27. Minn. Stat. § 343.21, subd. 9. Minn. Stat. § 343.21, subd. 10. Minn. Stat. § 343.29. Section 1I-A-2, Lawfully entering onto private property. Minn. Stat. § 343.235, subd. 3. Minn. Stat. § 343.235. Section IX-A-7, Disposal of cruelly treated animals. League of Minnesota Cities Information Memo: Animal Regulation in Cities The state law provisions on animal cruelty cover a broad range of subjects and types of animals. This memo focuses on the more common areas applicable to cities. If the city is dealing with a different type of animal or situation, it should look at the state law chapter on animal cruelty. 1. General prohibitions Among other things prohibited by laws, a person must not: • Overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor. • Abandon any animal. • Willfully instigate or in any way further any act of cruelty to any animal, or any act tending to produce cruelty to animals. • Unjustifiably administer, or permit to be administered, any poisonous or noxious drug or substance to any animal, or unjustifiably expose that drug or substance with intent for the drug to be taken by any animal. The penalties for violating this law vary, depending on the nature and severity of the situation. A violation may result in imprisonment or a fine. The court must also order the person violating the law to pay restitution for the cost and expenses resulting from the incident. Upon conviction, the court must require that if the animal was not seized by a peace officer or agent and is in the custody or control of the person, the animal must be turned over to a peace officer or other appropriate person unless the court determines that the person is able and fit to provide adequately for the animal. The court may limit the person's further possession or custody of an animal and may impose conditions on possession or custody. 2. Food and shelter Any peace officer, animal control officer, or other authorized person may remove, shelter, and care for any animal that is not properly sheltered from cold, hot, or inclement weather, or any animal not properly fed and watered. The authorized person may deliver the animal to another person to be sheltered and cared for. The owner, if known, must be immediately notified, and the city or entity having possession of the animal must have a lien for its actual costs of care, keeping, and the expenses of the notice. If the owner or custodian is unknown and cannot be determined by reasonable effort, or does not, within ten days after notice, redeem the animal by paying the expenses, the animal may be disposed of. 4/2/2013 Page 34 RELEVANT LINKS: Minn. Stat. § 343.24. Minn. Stat. § 343.40. Minn.. Stat. § 343.28. Minn. Stat. § 343.12. League of Minnesota Cities Information Memo: Animal Regulation in Cities 3. Animal cruelty transportation provisions An animal cannot be transported without suitable racks, cars, crates, or cages that allow the animal to both stand and lie down. An animal generally cannot be transported with its feet or legs tied together or in any other cruel or inhumane manner. 4. Doghouses A person who is in charge or control of any dog that is kept outdoors must provide a shelter for the dog that meets the minimum standards prescribed by law for doghouses. A violation of these laws is a petty misdemeanor. The shelter must be a moisture-proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It must be made of durable material with a solid, moisture-proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31, the structure must have a windbreak at the entrance. The structure must be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. If the dog lives on a farm, the dog may instead be provided with access to a barn with a sufficient quantity of loose hay or bedding to protect against cold and dampness. Shade from the direct rays of the sun must be provided during the months of May to October. All shelters are subject to city building or zoning regulations. 5. Infectious or contagious diseases If an owner or person having charge of any animal knows the animal has, or has recently been exposed to, any infectious or contagious disease, the person must not sell or barter the animal, or knowingly permit the animal to run at large or come into contact with any other animal, or with another person without that person's knowledge and permission. 6. Investigating cruelty complaints It is the duty of law enforcement to investigate any alleged violation of the animal cruelty laws. An officer must arrest any person found violating those laws, take possession of any animals that have been cruelly treated, and deliver them to the proper officers of the county or district for custody and care. 4/2/2013 Page 35 RELEVANT LINKS: Minn. Stat. §§ 343.22-.235. Minn. Stat. § 343.235. Minn. Stat. § 343.12. Minn. Stat. § 343.22. 'Minn. Stat. § 343.29. Minn. Stat. § 343.31. Minn. Stat. § 343.235, subd. 3(a). Minn. Stat. § 343.235, subd.. 2. Minn. Stat. § 343.235, subd. 3(b). League of Minnesota Cities Information Memo: Animal Regulation in Cities State law provides a detailed process, including notice and hearing requirements, for investigating cruelty complaints. A person may make a complaint to a court. If appropriate, the court issues a search warrant and an order for investigation to a peace officer in the county. The situation is then investigated. The expense of the investigation must be paid by the county. 7. Disposal of cruelly-treated animals An animal taken into custody under certain animal cruelty provisions may be humanely disposed of at the discretion of the jurisdiction having custody of the animal ten days after the animal is taken into custody. The entity taking custody of the animal must give notice of the provisions of this law by delivering or mailing it to a person claiming an interest in the animal, by posting a copy of it at the place where the animal is taken into custody, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include all of the following: • A description of the animal seized; the authority and purpose for the seizure; the time, place, and circumstances under which the animal was seized; and the location, address, telephone number, and contact person where the animal is kept. • A statement that a person claiming an interest in the animal may post security to prevent disposition of the animal and may request a hearing concerning the seizure or impoundment and that failure to do so within ten days of the date of the notice will result in disposition of the animal. • A statement that all actual costs of the care, keeping, and disposal of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The notice must also include a form that a person claiming an interest in the animal can use for requesting a hearing. A person claiming an interest in the animal may prevent disposition of the animal by posting security in an amount sufficient to provide for the animal's actual costs of care and keeping. The security must be posted within ten days of the seizure, inclusive of the date of the seizure. A person claiming an interest in the animal may request a hearing to determine the validity of the seizure and impoundment. The request must be made within ten days of the seizure, and the hearing must be held within five business days of the request. 4/2/2013 Page 36 RELEVANT LINKS: Minn. Stat. § 343.235, subd. 3(b). Minn. Stat. § 343.22. Minn. Stat. § 343.12. Minn. Stat. § 343.29. Minn. Stat. § 343.31. Minn. Stat. § 343.235, subd. 3(c). Minn. Stat. § 343.235, subd. 3(d). Minn. Stat. § 343.235, subd. 1. 7 USC § 2156. Minn. Stat. § 343.31, subd. 1. Minn. Stat. § 343.31, subds. 2, 3. League of Minnesota Cities Information Memo: Animal Regulation in Cities If the seizure was done pursuant to a warrant, the hearing must be conducted by the judge who issued the warrant. If the seizure was done pursuant to other statutes, the city taking custody of the animal may either 1) authorize a licensed veterinarian with no financial interest in the matter or professional association with either party to conduct the hearing, or 2) use a hearing officer to conduct the hearing. If a person claiming an interest in the animal is aggrieved by a decision of a hearing officer, the person may seek a court order governing the seizure or impoundment within five days of notice of the order. The judge or hearing officer may authorize the return of the animal, if the judge or hearing officer finds both of the following: • The animal is physically fit. • The person claiming an interest in the animal can and will provide the care required by law for the animal. The person claiming an interest in the animal is liable for all actual costs of care, keeping, and disposal of the animal, unless the court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full or a mutually satisfactory arrangement for payment must be made between the city and the person claiming an interest in the animal before the animal is returned to the person. If the provisions of the law have been followed, and the city still has custody of the animal, the city may humanely dispose of the animal at its discretion. B. Animal fighting Animal fighting is a type of cruelty specifically prohibited by both federal and state law. Under state law, anyone who does any of the following is guilty of a felony: * Promotes, engages in, or is employed in the activity of cockfighting, dog fighting, or violent pitting of one pet or companion animal against another of the same or a different kind. * Receives money for the admission of a person to a place used, or about to be used, for that activity. • Willfully permits a person to enter or use for that activity premises of which the permitter is the owner, agent, or occupant. • Uses, trains, or possesses an animal for the purpose of participating in, engaging in, or promoting that activity. There is a rebuttable presumption that a dog or bird has been trained or is being trained to fight if: 4/2/2013 Page 37 RELEVANT LINKS: Minn. Stat. § 343.31, subd. 1. Minn. Stat. § 343.31, subd. 1. Minn.. Stat. § 343.31, subd. 4. Section II-A-1, Due Process rights. Minn. Stat. § 343.31, subd. 5. Minn. Stat. § 35.03. Minnesota Board of Animal Health, 625 Robert Street North, St. Paul, MN 55155; 651-296-2942. Minn. Stat. § 35.05. League of Minnesota Cities Information Memo: Animal Regulation in Cities • The animal exhibits fresh wounds, scarring, or other indications that the animal has been or will be used for fighting. • The person possesses training apparatus, paraphernalia, or drugs known to be used to prepare animals for fighting. Any person that purchases a ticket of admission or otherwise gains admission to an animal fighting activity is guilty of a gross misdemeanor. The provisions regarding animal fighting do not apply to the taking of a wild animal by hunting. Fighting dogs and birds are considered dangerous weapons and constitute an immediate danger to human safety. A peace officer or animal control authority may remove, shelter, and care for an animal found in the circumstances where an animal has been trained or is being trained for fighting. If necessary, they may deliver the animal to another person to be sheltered and cared for. The peace officer or animal control authority must immediately notify the owner, if known. The person assuming care of the animal must have a lien on it for the actual cost of care and keeping of the animal. If the owner or custodian is unknown and cannot be determined by reasonable effort, or does not, within ten days after notice, redeem the animal by paying these expenses, the animal may be disposed of. An animal taken into custody may be humanely disposed of at the discretion of the jurisdiction having custody of the animal ten days after the animal is taken into custody, if the statutory process is followed and due process is provided. The owner or person claiming an interest in the animal is liable for all actual costs. C. Board of Animal Health The state Board of Animal Health is set up to protect the health of domestic animals in the state. The board has many powers and duties spelled out by law to carry out this mission. 4/2/2013 Page 38 RELEVANT LINKS: Minn. Stat. § 35.06-.0661. Contact the I,IvIC Research Department at 800-925-1122. League of Minnesota Cities Information Memo: Animal Regulation in Cities One of its responsibilities is to deal with animals with contagious or infectious diseases. A person who knows or reasonably suspects that a domestic animal has a contagious or infectious disease must immediately notify the board. The board, or any member or authorized agent of the board, may investigate the matter. The board may establish and maintain, at the owner's expense, a quarantine of domestic animals imported into the state when, in its judgment, that is necessary to protect the health of Minnesota domestic animals. In some cases, the governor may declare an emergency to allow the board to establish quarantine zones of control to protect the health of domestic animals from animal diseases of potentially disastrous proportions. X. Conclusion Cities have broad authority to regulate many types of animals in many types of situations. When coupled with applicable federal and state laws, cities can effectively regulate and control animals in the city to make it a safer, healthier, and happier place to live. The League has samples ordinances available on all of the topics discussed in this memo. Please contact the research department to request sample ordinances. 4/2/2013 Page 39 SMALL FAR By Betsy Wieland, Extension Educator Nora Nolden, Intern As people are becoming more and more interested in knowing where their food comes from, the trend of raising backyard chickens is growing. Raising backyard chickens can be a rewarding experience and a great way to teach kids about nature, agriculture, and responsibility of caring for animals. Since most backyard chickens are raised for laying and not for meat, this factsheet will focus on layers. ckyard Chicken Figure 1. New Hampsire Red and Buff Orpington hens There is a wide a variety of chicken breeds, developed for egg production, meat production, and/or good looks. While many breeds are adaptable to a backyard setting, certain breeds are better than others for backyard conditions. Medium to large breeds are good for cold winters. A mellow temperament and good egg laying are also pluses. If you see reference to a bantam bird, that is a small version of any particular breed. It will look the same, but be smaller. Here are a few examples of great, mellow breeds for the backyard. Rhode Island Red • Hens weigh about 6.5 lbs • Lay brown eggs • Dark red feathers • Dual purpose breed, but most often used for laying • Hardy breed that does well in small flocks Wyandotte • Hens weigh about 6.5 lbs • Lay brown eggs • Dual purpose breed • Great for small flocks and rugged conditions • "Curvy" shape, good disposition • Many color varieties Ameraucana • Many different color varieties • Lay green eggs • Great long-term egg production • Dual purpose breed • Tolerant to all climates • Easy to handle Orpington • Hens weigh about 8 lbs • A larger dual purpose breed • Lay brown eggs • Many color varieties • Heavy size is ideal for cold weather Chickens are omnivores. They eat grains, fruits, and vegetables as well as insects. Chickens should typically be fed a prepared feed that is balanced for vitamins, minerals, and protein. A healthy laying hen diet should also contain crushed oystershell for egg production, and grit for digestion. A six pound hen will eat roughly 3 pounds of feed each week. They love fruit and vegetable scraps from the kitchen and garden, as well as bread. Scratch - cracked corn and oats are a nice treat for the chickens that does not supply all their nutritional needs, but is fine in moderation. Feed consumption may increase in the winter when burning more calories, and decrease in the heat of the summer. A critical part of a chicken's diet is continual access to clean, fresh water. This is especially true in the summer as they cool themselves by panting. HOUSING „112177 - I Figure 2. Quality feed and clean water will help keep birds healthy and productive. A quality coop is essential to backyard chicken production. Layers need nest boxes - one per 4-5 birds. Chickens are descended from jungle birds, which means they like to be up high, so a place for them to roost is important. Coops must provide protection from the weather and predators. There should be a well-insulated area with a light bulb or heat lamp for the winter months as well as ventilation for fresh air. Be sure to have a minimum 3-5 square feet per bird, including outdoor space. Their main predators are raccoons, rats, owls, hawks, and cats. An enclosed space for them to stay at night is essential to their protection. Ensure that the coop is free of small holes for predators to sneak in. There is an endless variety of coop designs with just as much range in cost. Find a design that provides easy access and otherwise suits your situation. There are many books and websites with coop designs. See Figure 3 for a simple chicken coop schematic. The space should be free of unnecessary objects like woodpiles or equipment, as they attract predators. BASIC COOP DESIGN (INTERNAL VIEW) screened and 10'0" shuttered openings — n hanging tube Iceder plastic feed storage bin DAILY CARE window This basic coop plan features roosts over a droppings pit for good sanitation, a window for fight, and screened and shuttered openings on the north side to control ventilation. To expand the interior floor space, build the nests on the outside of the coop. di poings BASIC COOP DESIGN (EXTERNAL VIEW) Figure 3. Simple coop design for up to 16 hens from Storey's Guide to Raising Chickens Chickens need to be fed and water changed daily. They need to be let out of the coop each morning and put into the coop at dusk each night to protect them from predators. Eggs should be picked up twice a day. The coop and pen should be cleaned out weekly to maintain sanitation and odor control. 0' BIRD HEALTH Healthy birds will be active and alert with bright eyes. They will be moving around - pecking, scratching, and dusting - except on hot days when they will find shade. Chickens that are healthy and active will also talk and sing quietly throughout the day. As far as laying and eating habits, each chicken is different, so monitor each chicken to get a feel for her normal production and consumption. Healthy droppings will be firm and grayish brown, with white urine salts. Roughly every tenth dropping is somewhat foamy, smellier than usual, and light brown. Chickens raised in backyard settings generally stay healthy and are not easily susceptible to diseases. The easiest way to find disease in chickens is to know what a healthy bird looks like. When a chicken isn't acting normal, for instance if she doesn't run to the food as usual or she wheezes or sneezes, start investigating. Table 2 lists some possible causes of illness to chickens. INFECTIOUS (INVASION BY ANOTHER ORGANISIVI) NO (NONBIOLOGICAL IN 0 RIGI Credit: Storey's Guide to Raising Chickens by Gail Damerow SANITATION An important element to bird health is sanitation. In order to maintain a clean, healthy environment, the coop and outdoor area should be cleaned out weekly or as needed to control manure and odor build up. Feeders and waterers should be regularly cleaned and disinfected. Dust baths should be available, as they help control mites. It is important that at least once a year, usually in the spring, a thorough cleaning is done on the coop and yard. Also cleaning before introducing new birds to the area will limit the spread of disease. A fall cleaning is also helpful with mite control over winter. During this cleaning, safety precautions must be taken in dealing with dust. Wear a dust mask and mist the walls surrounding the area to control dust movement. Inhalation of dried chicken manure can be harmful to humans. Rake and clean out the yard. All feeders should be removed and bedding completely cleared out. It is important to remove dust and cobwebs from corners of the coop. The inside of the coop needs to be disinfected - including troughs, perches and nests. To disinfect, use one-tablespoon chlorine bleach to one gallon boiling water. MANURE MANAGEMENT Chicken manure is made up of feed residue, intestinal bacteria, digestive juices, mineral by-products from metabolic processes, and water. In fact, 85% of chicken droppings, by weight, is water. This leads to issues with humidity and odor. So what are the options for managing manure? One option is to complete thorough cleanings of the coop more than once a year. This will control the odor and fly populations. Another option is to pasture the chickens. Moveable shelters are a valuable tool for pasturing chickens and reducing cleaning time. Simply move the location of the house when manure begins to build up. It offers new space for chickens to graze and peck, and free fertilizer for the lawn! A third option is composting. Composting can be done right in the chickens' bedding. To start this process, lay down about 4 inches of bedding. Regularly stir up the Hens begin laying at around six months of age and can continue for 5-10 years, with peak production occuring in the first 2 years. They will lay roughly 6 eggs each week. Egg production drops each year when the hens molt (replace their feathers in the early fall) and as daylight hours are lost. Hens need at least 12- 14 hours of light each day to continue laying eggs. A regular lightbulb is sufficient to supply this light. REGULATIONS There are several regulations that you may encounter with chicken ownership. Raising chickens in the backyard may require a permit from your city, and each has different requirements and restrictions. It is not legal in some cities to keep poultry. Some cities may also limit the number of animals you can keep. If you begin selling eggs or meat, you will encounter additional regulations. The Minnesota Department of Agriculture Dairy and Food Inspection Division manages and enforces these. Contact them for bedding to prevent clumping, and add fresh bedding until it is 10 inches deep by winter. Continue this process until the bedding gets 12 to 15 inches deep. At this depth, composting actively begins and after 6 months can kill harmful bacteria. This composting releases heat, which keeps chickens warm in cooler months and attracts natural fly predators. To maintain the compost, it must be stirred regularly to prevent crusting. The same process can be done outside of the coop in a separate bin. EGG PRODUCTION OF 13.S )1 7..„ F ,.. , - T"TFTSL:1.0N information regarding these rules at 651-201- 6027. PURCHASING BIRDS There are several places to purchase chickens. Table 4 lists major chicken hatcheries and their websites. There are also many individuals breeding and selling poultry. Local farm supply stores may also order them for you. ADDITIONAL INFORMATION Online resources: http://www.extension.umn.edu/smallfarms http://www.ansctumn.edu/poultry/index.html www.backyardchickens.corn WWW.ansi. okstate.edu/p oultry http://www.amgriculture.org/poultry/small_ flock information.htm Publications: Storey's Guide to Raising Chickens by Gail Damerow American Standard of Perfection by American Poultry Association QUESTIONS OR COMMENTS? Contact Betsy Wieland at: eliza003@umn.edu or 612-596-1175 0 2011, Regents of the University of Minnesota. University of Minnesota Extension is an equal opportunity educator and employer. In accordance with the Americans with Disabilities Act, this publication/material is available in alternative formats upon request. Direct requests to the Extension Store at 800-876-8636. Printed on recycled and recyclable paper with at least 10 percent postconsumer waste material. ZONING Y APRIL 2o13 ' Al AMERICAN PLANNING ASSOCIATION O ISSUE NUMBER 4 PRACTICE URBAN LIVESTOCK Urban Micro-Livestock Ordinances: Regulating Backyard Animal Husbandry ByJaime Bouvier While small farm animals never completely disappeared from most cities, a growing number of communities are revisiting their animal control and zoning regulations in response to a renewed interest in chickens, bees, and goats among urban agriculture practitioners and backyard hobbyists. This article explores how small farm ani- mals (i.e., micro-livestock) can and already do coexist in urban environments, and it examines the regulatory tools cities use to sanction and control backyard animal hus- bandry. The following sections are intended to serve as a guide for local governments considering legalizing and regulating this budding hobby. WHAT IS MICRO-LIVESTOCK? There is no universal definition of micro- livestock. It often just means small animals—like chickens, ducks, quail, and rabbits. It can also mean breeds that are smaller than average—such as bantam chickens, Nigerian Dwarf goats, or Red Panda cows. Finally, it can mean an animal of what is normally a large breed that just happens to be small. Many international organizations have long championed rais- ing micro-livestock in cities to provide a secure and safe local food source. Because they require less food and water, are often especially hardy breeds, and their small size makes them ideal for small lots, micro- livestock are especially well suited to urban living. Right now, most attempts to legalize micro-livestock focus on chickens, goats, and bees. Although rabbits are micro-live- stock, they have caused less controversy. Perhaps because they are more accepted as pets, they were never made illegal in many cities. Very small pigs, like the pot-bellied pig, have also been accepted in many cities vfmee't_ ' e During World War II, the U.S. government framed backyard chicken keeping as a patriotic duty. as a pet; because they are not being raised for bacon, people don't think of them as livestock. There has been some move to le- galize miniature horses as guide animals for the blind and disabled. Other animals, like miniature hogs, cows, or sheep, may also be suitable for city life under the right circum- stances, but fewer people are advocating for them. A SHORT HISTORY OF URBAN HENS AND OTHER MICRO-L1VESTOCK. Although micro-livestock never disap- peared from cities altogether, they used to be an accepted and even encouraged part of urban life. For example, during the Victory Garden campaign, when the U.S. government urged American citizens to grow more of their own food to support the war, the government encouraged people to keep and raise chickens. As it became cheaper and more con- venient to buy food from a grocery store, it became less common to see livestock in the city. While many people believe that livestock became illegal because they were a nuisance, there is little evidence that this was the case—especially when just ZONINGPRACTICE 4.13 AMERICAN PLANNING ASSOCIATION 1page 2 a few animais were kept. Instead, exiling livestock was partially a class-based phe- nomenon.aoiudinganimols that were seen as productive, that is animals kept for food purposes, was a way to exclude the poor. Animals that came to be viewed as nonpro- ducume, such as dogs and cats, required money to keep and did not have the same associations. av illegalizing behavior as- sociated withtherecently rural and poor, a city could present itselfas prosperousand progressive. The desire to exclude the poor is a reason why ordinances making livestock iliegal are often found in suburbs and even exurbs where the lot sizes are especialLy conducive to raising animals. It is aLso a reason why changing the regulations, even in such suburbs, is often especially contentious. Now, however, raising livestock is becoming an activity that many young, educated, middle-class people seek out. The association between micro-livestock and poverty is no longer relevant. And dis- dnmuismngciuesandsubu,bsfrnmmo\ occupations is no Eonger universally seen as a sign of progress. In fact, many view a welL-regulated return of micro-livestock to the cities and suburbs as embracing progressive values. And legalizing micro- livestock can actuaUy attract people who seek to Live in a place that supports the close-knit communities that this hobby creates. COMMUNITIES Communities are essential to the micro- livestock movement. They provide much- needed support for people to discuss common probLems and share interests. Many communities began as a few people who already raised chickens, orgoats, or bees—in violation of city Eaw. They organized to tega(ize their animais. One ofthe leading examples ofthis is a group called Mad City Chickens in Madison, Wisconsin. Members ofthe group who kept chickens illegaUy, the self-described "Chicken Underground," were Many communities began few as a who people VV. .[) ^ r| chickens, �� | S�`' or goats, or bees--^n violation of city law. generaily law-abiding citizens uncomfort- able able with their outtaw status. They did not understand why raising chickens in a way that did not bother their neighbors shouLd be illegal. In 2004, in response to the group's lobbying efforts, Madison amended its zoning ordinance to aflow chickens (and, subsequently, bees in 2012). Their Lobby- ing ing efforts became the focus of a film, also titled Mad City Chickens and have been a model for other groups seeking to legalize micro-tivestock, such as the New York City Beekeepers Association and Seattle's Goat Justice League. These groups' stories show that many people already keep micro-livestock in cities whether or not they are legaE. It also shows that once citizens and city leaders are edu- cated about these animais and shown how they can, and already do, peacefully coexist in cities they often will legalize these ani- mals.nnai|xitshowsthatcbiesarebette, off reasonably regulating micro-livestock, ratherthan forcing hobbyists out oftheir cities or underground. CHICKENS, GOATS AND BEES: BENEFITS The niain benefits to keeping chickens, goats, and bees is not so rnuch to eat the animal itsetf, though people do eat chick- ens andmpats.Themamuenefiti^toeat the food they produce: eggs, milk, and honey. There is good research to show that backyard eggs are tastier and have more nutrients than store-bought ones. MiLk from backyard goats, moreover, tastes better because goat milk does not store or ship wefl. It is also, arguably, easier to digest for those who cannot drink cow's milk. Goat hair is a prized material for making cash- mere and mohair fabric. Manure from these animats is an excetlent, and surprisingly pricey, fertilizer. Many people also value these animais for their companionship and become as close to them as they do any other pet. FinaUy, backyard and hob- byist livestock keepers ensure a diverse and more robust population ofanimals, ensuring the propagation of breeds that are notvalued conimerciaUy but may become important ifcommercial breeds, because of genetic uniforrnity, become threatened by disease. Apart froni honey, keeping bees in urban areas has two main benefits: pollina- tion services and ensuring an extant bee population. Honeybees pollinate two-thirds ofourfood crops and in recentyears have suffered devastating losses. Some experts assert that these losses are caused o,exac' zom/msPRAcrICc 4.13 AMERICAN PLANNING ASSOCIATION Ipage 3 erbated by the use of pesticides, the stres of constant travet to different farms to pol- linate crops, and the lack of plant diversity in rural environments. Thus, hobbyist bee- keepers who do not subject their hives to such stressors may prove to be a haven for the continued existence of honeybees. CHICKENS, GOATS, AND BEES: CONCERNS Concerns about chickens and goats gener alty boUumwntotheethinns: odor, noise, and disease. None ofthese provide a reason to ban hens and does, but roosters can be too noisy and a rutty buck may be too smeUy fordense urban environments. Contrary to popu[ar myth, roosters do not just crow in the morning to greet the rising sun—roosters crow alt day. Hens do not need roosters to lay eggs; roosters are only necessary to fertilize the eggs. Hens are generally quiet, but when they do cluck, the resulting noise is about the same decibel level as a quiet human conversation. And, as long as a chicken coop is regularly cleaned and adequately ventilated, a small flock of hens will not be smelly. Goats, too, are not generally noisy ani' mals. While a goat may bleat, the sound is generally far less than the noise ofa barking dog. Some goats, just like dogs or cats, are noisier than others. And, as for odor, fe- male goats (does) and neutered male goats (wethers) do not smell. Male goats (bucks), during the mating season, do smell. The gamy odor of a rutty buck is the smell many associate with goats. While it is necessary for a doe to mate with a buck and deliver a kid to lactate and provide milk, this can be arranged with a stud-buck kept in more rural environs. Finalty, there is the issue of disease. As with any animal, including dogs and cats, disease can be spread through feces. Regular cleaning and straightforward sanita- tion practices, such as hand washing, can take care ofthis issue. While concerns about backyard chickens spreading avian flu have surfaced in some communities, the kind of avian flu that can cross overto humans has not yet been found in North America. And neither the Centers for Disease Control nor the Department ofAgriculture have asserted that the possibility of bird flu is a reason to ban backyard hen keeping. Public health scholars have concluded that backyard chickens present no greater threat to public health than other more common pets like dogs and cats. The major objection to honeybees is the fear of being stung. Here, it is impor- tant tant to understand the distinction between bees and wasps. Honeybees are defensive; they will not bother others unless they are threatened. A honeybee's stinger is attached to the entrails, so it will die if it stings. Bees want pollen; they are not inter- ested inoumanfood.wmsps,bycontrast, are predatory, can sting repeatedly with little consequence, and are attracted to human food. Many people confuse fuzzy honeybees with smooth-skinned yellow jackets, a kind or wasp that forms papery hives. People do not keep wasps because they are not effective pollinators and do not produce honey. A connected objection is a fear of a swarm. A swarm is a group of bees traveling to establish a new hive. While a swarm can be intimidating, before bees swarm they gorge on honey to prepare for the trip, which makes them particularly lazy and docile. Unless attacked or botheeu, they will follow a scout bee to a new location within a few hours to a day. Before drafting an ordinance, Local governments should be aware that federal and state | already regulate livestock. AGRICULTURAL BASICS FOR CITIES CONSIDERING LEGALIZING Chickens and goats uire companionship. As a consequence, cities should allow a minimum offour hens and two does. This ensures that the city is not interfering with good animal husbandry practices. And, while bees never lack for compan- ionship, it is a good idea to allow beekeep- ers to have more than one hive. This altows the beekeeper to better inspect for and maintain hive health. Cities should not be overly concerned that hives kept too close together will compete for food—honeybees fly up to a three-mile radius from the hive to find pollen. FEDERAL AND STATE LAW CONSIDERATIONS Before drafting en ordinance, local govern- ments shouldbeaware that federal and state laws already regulate livestock. The federal government regulates the sale, processing, labeling, and transportation of chickens, eggs, and other meats (21 U.S.C. §45 et seq.; 21 U.S.C., §1o31 et seq.; and 21u.sz.§aoz The FDA requires that alt milk be pasteurized, including goat milk (21 C.F.R. §124o61) and regulates nutri- tion and information labeling of honey (21 u.sc.§§s4z Many or these laws have exceptions for animats and animal products raised for home consumption, but someone who wants to raise eggs, milk, or meat for sale or distribution would need to comply. Most states have laws regulatingthe movement of livestock, including chickens, goats, and bees, into and out ofthe state. To track and attempt to control some diseases associated with livestock and bees, some states either require or encourage keepers oflivestockand beekeepers, even backyard hobbyists, to registertheir premises with the state. Other states only ask to be alerted if a particular disease is found. Many states also have laws regulating the slaughter and sale of any animal used for meat, as well as laws regulating the sale ofeggs, milk, and milk products. While these, also, generally have exceptions for home consumption, they will apply tosa/es.oftenstateaoncubura| extension services will have online informa- tion pages describing the regulations and exemptions for hobbyists. For beekeeping, however, a few states have passed laws that interfere with a local government's ability to regutate. Wyoming, for instance, controls how close together apiaries (an area with one or more beehives) may be located (Wyo. Stat. Ann. §11-7-2o1). In June 2011, Tennessee preempted alt local government ordinances regulating honeybee hives (Tenn. Code. Ann. §44-15-124). And in July 2012, Florida also preempted all local government ordinances regulating managed honeybee colonies or determining where they can be located (Ra.stat.§§so6.oss& 586.10). COMMON ASPECTS OF URBAN MICRO- LIVESTOCK asau/ArIOm In the cities that have recently passed or- dinances regulating micro-livestock, the ordinances are all quite different. No stan- dard ordinance has yet been established. zow/wspRxcrICE 4.13 AMERICAN PLANNING ASSOCIATION Ipage 4 opsgainsitisiaisteatomuourmaa There are, however, many common aspects to these regulations. Most orthem limit the number and type of livestock that can be kept in the city, estabEish setbacks for where the animais can be kept on the property, and require a certain amount ofspace per animal. Some also require a license. Micro-Livestock Standards Most cities have not taken ecomOrehenswe regulatory approach to micro-tivestock, but appear to aLlow particular livestock in response to citizen Iobbying. Hundreds of cities have legalized chickens in the past few years. And the growing popularity of beekeeping �i h l meansmanvc cities have adopted separate ordinances to aUow for it. For example, South Portland, Maine (§§3'51 &s-7,o/ Cary, North Carolina (§s.3.*0& (0)); Ypsilanti, Michigan (§§1*.13 & 14-171); and Littleton, Colorado (§§10-4-4a1o�-14 have recently passed ordinances separately altowing for both chickens and bees. Some cities make idiosyncratic choices. For example, Ponca City, Oklahoma, aliows miniature horses and donkeys, , but still bans alt other fowi and livestock ('-- io). Sebring, Florida, allows two hens and two pot-bellied pigs (§4-1). And Carson City, Nevada, altows chickens, pigs, rabbits, and bees, but no goats (§§7.oz&r«a.zeo)' And some only allow goats. m zo11. Loveland, Ohio, atlowed two pygmy goats on residential properties or any size (§5o5.16). It defines pygmy as a goat no heavier than 6o pounds. The choice of such a Eight weight is curious, given that many micro-goat breeds weigh more than 6o pounds. ALso, many breeds of dogs weigh up to three times as much, but most cities do not restrict the size ofdogs. In 2010, Carljunction, Missouri, altowed just one pygmy goat on a property of any size (§2os.2oo(C)). Because goats are herd animais, this limit encourages poor animal husbandry practices. Meanwhile, many cities are legalizing a wider variety of livestock. For example, Denver aliows up to eight ducks or chickens and up to two dwarfgoats and two beehives (§8-9z/§11.8.s.1). But it requires x6square feet of permeable land available to each chicken and 130 square feet for each goat. The city also requires adequate shelter to protect the animais from the elements and from predators. This means that to keep the full comptement ofeight chickens and two goats, the yard would have to have approxi- mately400squarereetofspaosporchick- ens, ducks, and goats, Denver has a 15-foot setback from neighboring structures used for dwelling and requires that the animals be kept in the rear haif ofthe lot. For bees, Denver has a five-foot setback from any property line and requires that hives be kept in the back third of the lot. Seattle aliows up to eight domestic fowi, four beehives, one potbelly pig, and two pygmy goats, or no pig and three pygmy goats, on any lot (§za.4z.os2).n then em- ploys a step system for additional animals. For Iots Larger than 20,000 square feet, an additional small animal—which means a dog, cat, or goat, may be kept on the lot. Seattle also allows other farm animals, in- cluding cows.horses.orsheep on lots that are greaterthan 20,000 square feet. Seattle allows one or these animals per uo feet. Also, it has a 50-foot setback froni the neighboring property for all farm animals, not including potbelly pims, fow or miniature goats. Finaily, Seattle has a separate ordinance that restricts goats to their prernises, "except for purposes of transport or when on property other than zom|mG PRACTICE +m AMERICAN PLANNING ASSOCIATION Ipage 5 that or the miniature goat's owner with the permission ofa lawful occupant orthat prop- erty" (§ 9.25.084(H)). Cleveland has a slightly more complex ordinance in that it has different regulations for residential and nonresidential districts (§347o2).0 also employs a step system, aUowing one animal per a certain number of square feet. In residential districts, it aliows one hen, duck, rabbit, or similar animal per 800 square feet, and one beehive per 2,400 square feet. The ordinance speLts out that a standard residentia[ lot in Cleveland is 4,800 square feet, so most households could keep up to six hens and tw beehives. Setbacks for hens are five feet from the side- verdUneandooincheshnmthereanmrd [ine. Setbacks for bees are five feet from the lot line and io feet from any dweUing on another parcel. Neither animal is allowed in the front or side yard. Cteveland only aliows goats, pigs, sheep, or similar farm animais on lots that have at least 24,00o square feet (i.e,a little more than a haif-acre). If a lot is that size or larger, two of these animals will be allowed, with an additional one for each additional 2,400 square feet. Enclosures for these animais must be set back 40 feet from the property line and at least ioo feet from the dweUing of another. In Cleveland, the nonresidential dis- mctsare\essrestnctiwe.vwthonechicken. duck, or rabbit per 400 square feet, one beehive per 1,000 square feet, and one goat, pig, or sheep per 14,400 square feet. This can allow for more intensive operations in less populated areas—and atso opens the area to urban farms. Hiltsboro, Oregon, and El Cerrito, California, employ similar step systems. [1 Cerrito altows three hens as long as the property 5 at Eeast 4,000 square feet (§7.oa.ozo). Hillsboro allows three hens as long as the property is 7,000 square feet (§a.zo.o/n ). Both cities require at least 10.00o square feet to keep uoats, but Hillsboro limits goats to two, and El Cerrito does not appear to limit them. El Cerrito, however, does require an administrative use permit to keep goats and aUows for a conditional use permit to keep goats on a smaUe,parcelo[ianu.slcemtorequies a property of at leasts.000squarefeetuz keep one beehive. That beehive must be 20 feet from an adjacent dweUing and io feet from the property line. Hillsboro aliows up to three beehives on any size residential property with a setback of o feet from the property line. Vancouver, Washington, is an example ofa less restrictive ordinance (§zo.mgs.osW. It aliows up to three goats, iftheyweigh less than ioo pounds, on any size property. It also aliows chickens, ducks, geese, or rab- bits onenysizekuvwthnonumehca\restric' tion. It does provide in the ordinance that the keeping of animals is subject uzalready existing nuisance requirements. Roosters and Bucks Most ofthese cities prohibit roosters and male goats (or bucks). Hillsboro prohib- its roosters and uncastrated male goats with no exceptions. Seattle also prohibits roosters and uncastrated males but has an exc ption for nursing offspring that are less than 12 weeks old. Denver does the same but only until they are six weeks old. [1 Cerrito prohibits roosters but does not say anything about the gender ofthe goats it allows. And Cleveland has a more compli- cated system, in that it will allow roosters, but only on property that is at least one acre in size with a loo-foo setback from the property Line for the coop. Cleveland, [ike El Cerrito, does not say anything about goat gender. Licensing Some cities require a permit or license. Most ofthese permits are relatively straightfor- ward and do not allow for much discretion on the part ofthe official who issues it. For instance, Denver requires a livestock or fowi permit to keep chickens or goats but requires no more than the provisions of the ordinance be met and a fee be paid to acquire the Eicense. The city charges $ioo annually for a livestock permit and $5o an- nua\lyrorarmw|nenmit. Cleveland also requires a license. Its health department issues a two-year license to keep any typ e of livestock, in- cluding chickens and bees. In issuing the Eicense the director of public health must consider evidence of "nuisance or condi- tions thotareunsafeorunsanimnrand any "recorded violations" and may deny the license on those grounds Qzos.04). The department also notifies neighbors about the License application and waits at least 21 days to hear back from them. The director can consider any evidence that the neighbors submit concerning nuisance, unsanitary, o, unsafe conditions. To de- termine whethe,to grant the license, and any time after the license is granted, the department can inspect the property and enforce any penatties forviolating sanita tion ornuisancereguladons. Ellensburg, Washington, has an inter- esting ordinanceinthatitrequ/resaocense for dogs and cats, but does not require a license to keep up to two beehives and four hens (§§s.3o.2ao&sao.31o).Seattle, likewise, requires a Eicense for dogs, cats, pigs, and goats, but does not require one for chickens o, bees (§e.2s.oso)' After restricting livestockmpmp' erty with three acres or more, Pittsburgh amended its ordinance to allow chickens Some cities require a permit [)r license ,, [which] ��� ��lBt^y�k/�f��^|��+Fnryyand and d(] relatively '' - ��' f � DL)f a||Oyy Fnr much discretion on the part [>. the official who issues it. and bees in 2011 6912.07). It allows three hens and two beehive pe, feet on occupied, residentially zoned Eots. It aliows one more bird and hive for each additional i,000 square feet. However, it requires the home owner to seek a special exception to keep livestock as an acces- soryuse(g9zz.07).Thespeda\exoendon requires the zoning board ofadjustment to hold a public hearing, to make findings offact, and issue a written decision within 45 days ofthe hearing. This aUows itto reevaluate and reweiuh all of the concerns with raising chickens and bees in the city, even though the city council had already made the Legislative determination and estab[ished criteria forwhen and where it was legal to do so. This puts a substantial burden on each home owner to fulty argue the case before each iteration ofthe board. It also uses up considerabte city resources. COMMON AND LESS COMMON BEE PROVISIONS somecmesnevermadekeepingbeesil- ZONINGPRACTICE +m AMERICAN PLANNING ASSOCIATION Ipage 6 Among cities that do regulate beekeeping, flyway barriers and a source of fresh water are common requirements. Flywa barri- ers force bees to fly up over the heads of people so that they do not estabUsh flight paths through a neighbor's property or popuLated sidewalks, streets, or parks. Bees require water; jf: a beekeeper does not provide it, bees will frequently use a ctose source, ike a neighbor's pool. Concerning ftyway barriers, Cleveland requires a fence or a dense hedge of at (east six feet in height within five feet of the hive and extending at least two feet on either side. However, it does not require a flyway barrier ifthe hive is at Least 25 feet from the property line or on a porch or bal- cony at least 1.0 feet from the ground. South Portland, Maine, has a similar flyway bar rier rier standard, but requires it to extend at Ieast io feet in each direction. And Carson City, Nevada, requires the flyway barrier to "surround" the hive on any side that is within 25 feet of a property [ine. Neither South Portland nor Carson City has excep- tions for balcony or rooftop hives. Concerning a water source, Etlensburg, Washington, requires "a consistent source o[ water ... at the apiary when bees are flying unles it occurs naturally. The water may be 'sweetened' with minerat salt or chlorine to enhance its attractiveness." Cleveland requires a freshwater source to be maintained "throughout the day." And Carson City requires water only from April i to September 30. As for Eess common provisions, Ellensburg, wmshington, requires that all hives "consist of moveable frames and combs." Cleveland prohibits Africanized bees. Africanized bees have onEy been found in a few southern states; bee- keepers.moneover,donotseekuzkeen Africanized bees. Boise, Idaho, prohibits Africanized bees, as well as wasps and hornets (§11'o9',z.o3). This /speculiar; people do not keep wasps or hornets be- cause they do not provide honey or pollina- tion services. Boise and Carson City require a queen to be removed ifthe hive shows "unusually aggressive characteristics." And Carson City requires the new queen tobe, chosen from "stock bred for gentteness and non-swarming characteristics." Carson City only aliows honey to be extracted "where there is no access by bees before, during, or after the extraction process." Carson City also requires any hive found to be diseased to be either "treated so as to completely eradicate thedisease^ordestmvedatthe owner's expense. Finaily, both Carson City and Ellensburg provide that abandoned hives are to be considered nuisances. RECOMMENDATIONS Ofthe ordinances discussed above, two stand out as potential models: Denver's and Seattle's. These ordinances show that the trend, over time, is to simplify regulations. LocaL governments seeking to regulate these practices should consider how much they are prepared to spend, in terms of resources, on licensing or monitoring these practices given the relatively small degree ofactual nuisance they cause. Governments should also keep in mind that straight- forward ordinances foUowing developing norms will be easier to follow and easier to VOL. 3o, NO. 4 Zoning Practic is a monthly publication of the American Planning Association. Subscriptions are available for $95 (U.S.) and $120 (foreign). W. Paul Farmer, FAICP, Chief Executive Officer; William R. Klein, AICP, Director of Research Zoning Practice (ISSN 1548-0135) is produced at APA. Jim Schwab, AICP, and David Morley, MCP, Editors; Julie Von Berge , Assistan Editor; Lisa Barton, Design and Pro octmn. Missing and damage print issues: Contact Customer Service, Anierican Planning Association, 205 N. Michigan Ava. Suite /zon. Chicago, u6o6o1 (31z�01-wmoo,custommservicw@nlannmg.nng)within 90 days of the publication date. Include the name of the publication, year, volume and issue number or month, and your name, maiting address, and membership number ifappticabte. Copyright ©2013 by the Arnerican Ptanning Association, 2osm. Michigan me, Suite /2oo, Chicago, /L amao1-5ez7. The American Planning Association also has offices at 1030 l5th St., NW, Suite - snWest, Washington, nCzoon5-1so3^wwmplannmg.nng. All rights reserved. No part of this pubtication niay be reproduced or utitized in any form or by any means, electronic or mechanical, including photocopying. recording, or by any information storage and retrieval sys without perrnission in writing from the American Panning Association. Printed on recycled paper, including 50-7o% recycled fiber and io% postconsumer waste. ZONING PRACTICE 4.13 AMERICAN PLANNNG ASSOCIATION /rage RECOMMENDATIONS FOR MUNICIPAL REGULATION OF URBAN CHICKENS BASIC CHICKEN CARE INSTRUCTIONS (pages 2-8) REQUIREMENTS FOR KEEPING CHICKENS (page 9) http://www.brittonclousQ.comichickenrunrescue/ For distribution to public and permit applicants Endorsed by Chicken Run Rescue Eastern Shore Sanctuary and Education Center Farm Sanctuary The Humane Society of the United States Sunnyskies Bird and Animal Sanctuary United Poultry Concerns Woodstock Farm Animal Sanctuary Mary Britton Clouse Chicken Run Rescue 2010 Page 1 2/15/101 BASIC CHICKEN CARE INSTRUCTIONS CONSIDERATIONS BEFORE ACQUIRING A CHICKEN Lifespan - Chickens can Jive as long as a dog or cat— up to 14 years or Ionger. - Egg laying for a hen generally starts at 6 months old, peaks at 18 months and declines with age. Cost - Start-Up costs for coop, maintenance, tools, cleaning equipment, heating / cooling appliances, dishes, nets, food storage, scale, fencing, security Iocks, Iighting, motion detectors, monitors, cameras, permit application ($2-3,000) ' Annua|suppUesperbindforfood supplies, permit fee, utilities ($300) - Vet care per bird per service (office exam $66, fecal test $28, plus other services as needed for illness or injury). Are you able to provide the birds with proper veterinary care needed? Time - Average 1 hour per bird per day minimum for cleaning, parasite control, grooming, physical exam, travel time to purchase supplies, construction, repair, medication, feeding, supervise free time out of pen. - Chickens need to be tended to twice daily. Will you have a person ready to substitute for you when you have reason to be absent? Space At least a 6 ft x 12ft x 6 ft high space in a yard is needed for a coop and pen for 4 birds, in addition to a Iarger fenced area for regular exercise. Location Coop and pen should be located in an area that provides shade, direct sunlight, good drainage and protection from prevailing winds and will not present a problem to neighbors. Uninvited guests Chickens will attract bird-mites and lice, mice, yard birds, squirrels, raccoons, dogs, coyotes, fox mink, opossum, rats, owls, bobcats, hawks, snakes, weasels, ferrets, fishers, martens and humans. ACQUIRING A CHICKEN: ADOPTION OR PURCHASE/BREEDING? The recent interes in having chickens has overwhelmed animal rescue organizations with inquiries from people wanting to give up unwanted chickens. As with all other animals surrendered to shelters, rescue organizations cannot help them all. There are never enough homes for displaced animals, so adoption of birds who need homes is always the kindest choice. instead of purchasing from a breeder or hatchery. Adoption By adopting from a rescue organization or a private individual, you can know what to expect with regard to the bird's health, sex, behavior and personality. Reputable rescue organizations can provide advice on selecting the right bird and care information, and they generally have a generous return policy to insure that bird will be happy, compatible and well cared for. Purchase/breeding The identification of the sex of chicks by feed stores, breeders and hatcheries is often wrong and not apparent until the bird is 6 months old. 50% of the chicks hatched are roosters who are killed or otherwise discarded of as waste. Newborn chicks shipped through the postal service are deprived of their mothers, warmth and food. The younger the birds, the more fragile and difficult they are to care for. 2 2/l��lO2 h�pzYwww.bd�on�ouoe.mzm/��k�eOOJDleooue/ Page HEALTHY BIRD CHECKLIST Eyes: clear, clean, wide open, alert Face / comb / wattle: clean, soft, blemish free healthy deep red indicating good blood supply, (some faces are not red) Posture: head erect, good balance, stands or perches on both feet on extended legs, good grip on perch, facing activity Odor: none or slightly fermented hay Beak / nostrils: clean, uniform, shiny and solid Legs / feet: clean, shiny, uniform scales and nails; foot bottom soft and blemish-free; legs and toes straight and functional Feathers; clean, bright, shiny, smooth or fiuffy; free of mites or Iice Wings: held close to body, symmetrical, smooth movement in joints when flexed, flight feathers intact Skin: clean, soft, pale pink and translucent (some breeds have bare red patches at shoulders and keel), free of mites or Iice Droppings: 70% odorless green/ white, firm, 30% stinky brown pasty (cecal), watery if stressed Keel (sternum): Straight, good muscle mass on either side, Iump free Crop (on bird's right side of lower neck): full, contents of consumed food easily palpated Vent: petite, clean, moist, soft, pliant Respiration: 12-37 per min., inhalation louder and shorter than exhalation, minimal chest movement, closed beak NUMBER OF BIRDS Calculating available space, time, and cos (see above) will dictate how many birds can be properly cared for: Coop: 4 sq. feet of floor space minimum per bird for the interior (an area 2 ft x 2 ft per bird) Pen: 10 sq. ft of floor space minimum per bird (an area 3 ft x 3.3 ft per bird) Range/ exercise yard: 174 sq. ft per bird (an area about 10 ft. x 17 ft per bird) A single chicken is a sad chicken. Plan to have at least 2— they are flock animals and need the companionship of other chickens. Generally, 3-5 compatible chickens can be well maintained in a typical city environment. Individual birds' sex, ages and temperaments can affect compatibility. Over crowding chickens is the most common mistake. Hens should outnumber roosters. Sometimes single birds can thrive with a human friend if they have special needs. Roosters, single or in pairs, are very sociable and can make terrific companions if handled gently and often. HANDLING & RESTRAINT Never handle a chicken by wings, feet or legs. Herd bird to corner using slow deliberate movement. (Fast= predator, slow = less threat.) Place hands over top part of wings (shoulders) and hold securely but do not squeeze. Pick up and hold under arm to keep wings in place. Support feet with other hand if bird will tolerate. To restrain for transport or examination, drape a towel over shoulders cape-style and wrap around body. TRANSPORTATION Consider travel time and avoid extreme weather conditions. Heat exhaustion can develop quickly, and interior car temps can reach fatal point 10 minutes. Medium*ized, hard pet carriers work well for security, safety, stress. Line with a towel, shredded paper or straw. Food is a good stress reducer. Offer wet food like greens or cucumber for long trips. ARRIVAL If other birds are already present, a 2 quarantine in a separate area is recommended to watch for http://www.brittonclouse.comichickenrunrescue/ Page 3 2/15/103 signs of illness and parasites. Avoid noisy, high-traffic areas, and allow the bird to acclimate before introducing to other birds, animals and family. PROVIDING A GOOD HOME NATURAL HISTORY It is important to understand how chickens live in the wild and to provide them with an environment that meets those instinctive physical and psychological needs as closely as possible. Chickens are all descended from Tropical Jungle Fowl and are adapted to living in a natural habitat that is spacious, richly vegetated, diverse and warm. This presents a particular challenge in a small, urban setting in a cold climate like Minnesota. Flocks have a highly developed social structure and members depend on one another for companionship and security Naturalists have observed that they can recognize and remember 180 other individual flock members. They are ground-dwelling birds. Most are capable of Iow flight in short distances; smaller birds can fly higher and farther. In the wild, they roost in trees at dusk before they sleep or to escape predators. They hide their nests in cavities in the ground. The majority of their waking hours are spent active widely ranging, grazing and foraging for food— plants, bugs and occasionally small rodents. In their natural state, they typically travel 1/2 mile from their roost each day. In the wild, they are never over crowded; if the population becomes too dense, members will break off into subgroups and spread out. They move on from one area to another, which allows food sources to regenerate and prevents their waste from concentrating in one place so it can decompose without health risk to the fiock. Roosters alert the fiock to danger, find food and caII the hens to it and stand guard as they eat. They select and build nests and will even participate in caring for the young. They also act as peace keepers to intervene in disputes that can develop between flock members. Roosters will start to crow and display courting behaviors at about 6 months of age. It is essential to gently handle a rooster on a daily basis to establish that you are the flock leader (Alpha) and maintain a well-socialized companion. The hens spend their time scratching for food, dust bathing, preening, playing and napping. Hens begin to lay eggs at about 6 months of age. Hens in the wild produce only a few clutches of eggs a year for the sole purpose of reproduction. Domesticated hens have been bred to lay one egg a day, but by 18 months of age, egg-laying frequency generally diminishes, and many adult or senior hens stop laying altogether. Chickens are sociable, cheerful and intelligent creatures who can form lifelong bonds with each other and other species ncluding humans, dogs and cats. . Because of their keen intelligence and instinctive physical activity, they need a stimulating environment that mimics as much as possible the rich and diverse world nature designed them to enjoy. COOP, PEN, RANGE/ EXERCISE YARD "Housing and infrastructure. The primary purpose of poultry housing is to protect fiocks against adverse weather and predators (coyo fox, stray dogs raccoons and raptors). Weather is of critical concern in the Upper Midwest, where summers can be extremely hot and winters bitterly cold. Housing must provide shade from sun and cover from rain. It must be able to withstand high winds and snow loads if it is to be used for year-round operation. These basic housing considerations apply to all poultry." - Poultry Your Way: A Guide to Management Alternatives for the Upper Midwest, Minnesota Department ofAgriculture, 2005 http://w w.bhttonclouae.comichickenrunresoue/ Page 4 2/15/104 COOP: The house, closed structure or enclosed room which provides shelter from cold, heat, wind, rain, snow and predators for protected roosting, nesting, feeding and watering space Construction & Materials – Coops can be purchased ready made or in kits, constructed within an existing structure or built from scrat h.Loca|buUdingcodesshou|dbefoUowedtopreventdamagehnm snow, wind, etc. NOTE: rabbit hutches, plastic igloos, dog houses and such are not appropriate structures. Required features: Size: 4 sq. feet of floor space minimum is required per bird for the interior (an area 2 ft x 2 ft per bird). So, four birds will need a coop with an inside floor space of at least 4 ft x 4 ft, not including nest boxes. Outside dimensions should be about 5ftx5ftx 6ft high. Overcrowding is the most common cause of behavior problems, injury and disease. Coops should be high enough for a human to stand up comfortably for cleaning, maintenance and egg collection. It also allows for additional roosting. Temperament and social structures should be taken into account, and partitions should be available for birds who are sick, injured or lower in the pecking order. Access to electricity: This is required in free standing structures. Floor: The floor should not collect and hold moisture, should be easy to clean, should retain heat in cold weather and should exclude rodents/predators. A dirt floor draws heat away and is not easy to clean or to rodent/predator-proof. A wood floor is adequate, provided it is at least a foot off the ground, insulated and sealed properly— but it is difficult to sanitize because it is porous. A concrete floor is ideal since it discourages rodents/predators and is easy to sanitize. Regardless of the floor type, bedding strewn on the surface is needed is to absorb moist fecal matter and facilitate cleaning. Leaves or wood shavings work best and can be composted or easily bagged and disposed of as solid waste. Walls Materials that are resistant to moisture and mold and easily cleaned are best. Chemically treated materials should be nontoxic. A good compound with anti fungal agents is good for humid areas. Clear varnish is also good. Everything should be treated or painted before it is assembled. Wooden structures should be draft free and built with double walls that have at least 1 1/2 inch insulation layer between them. Roof: The coop roof should be made of a material that will not collect and hold heat and should be built with double walls that have at least 1 1/2 inch insulated layer between them. The roof surface should be covered with an insulating tar paper to protect it from heavy rains. The roof should be slightly inclined, to allow water to run off. An overhang at the front wall will protect from downpours. A few small openings along the eaves allow moisture to escape and provide fresh air. Doors: One human-sized door is needed for daily access. Doors for chickens should be just large enough for the largest bird and can be positioned anywhere from ground level to about 2 feet high with a stable ramp with cleats. Chickens are ground dwellers, not parrots—small doors at heights greater than 3 feet with flimsy, unstable ladders are not appropriate. Doors must be able to be secured against predators at night. Windows: Chickens love windows and need natural light. Double glaze for warmth. Cover with 1/2" metal screen so they can be opened for ventilation in hot weather. Allow one square foot of window for each 10 square feet of floor space. Roosts: Lumber or branches can be used. They should be strong enough and mounted securely enough to hold all birds. The surface should be rough for good grip with no splinters or sharp edges. For medium sized birds, 2" or 4" flat or 1 1/2" diameter is best for foot comfort. The longer the roost, the better it will prevent competition. They should be set 18" from the wall, 2 -3 feet offthe fioor. If mounted higher, rung steps are needed, spaced 8-12 inches apart. The addition of a dropping board underneath and an elevated roost will collect droppings and keep floor space below clean and inhabitable. Climate: Shelters should be kept at a comfortable temperature for the animals. According to the Minn. Dept. of Agriculture, "Minimum Temperature 55°(F) , maximum temperature 70' (F)." (Ibid.) The coop should be heated to maintain a temperature above 32 F during the coldest part of the winter and cooled below 85 F in the hottest part of the summer. Below 32° F, birds are uncomfortable and cannot maintain body temperature. Below 15 frostbite begins, and hypothermia increases. Oil- or water-filled safety heaters (i.e. brands Pelonis, DeLonghi, Honeywell) are completely closed, sealed systems that run on electricity. The oiI is heated from within and the heat is radiant, so there are no exposed heating elements to create dangerous problems even if they tip over. Heat lamps should only be used with extreme caution and should be firmly attached at least 3 feet from animals and far from any flammable item, especially dry straw or bedding. Smoke alarms are highly recommended. Extra bedding should be available to keep animals warm and comfortable in cold seasons. Between 75° and 85° F, panting and dehydration begin; above 85 F, heat stress and danger of heat prostration increases. Ventilation: Doors, windows and vents near the ceiling supply oxygen, remove heat from breathing, remove moisture from breath and droppings, remove harmful gasses and dust particles, and dilute disease'causing,airborneorganisms.Fansshou|dbeprovidedforhottestvveathec Light: Natural light from windows and/or skylights are required. Can be supplemented with full spectrum incandescent light to follow normal seasonal light cycles and for cleaning and maintenance. The minimum light intensity you should provide should be enough to clearly see the hens feed when standing over the feeder. Feeders: Foodreceptac|esshou|dbemadeofnon'corrosivemateria{thatiseasi|ydeaned,m\nimizes spillage, p reventscontaminationvvithdroppingsandkeepsfooddry.Thecontainersshou|dbe|arge enough for all the birds to comfortably eat at once or numerous enough to prevent competition or intimidation. Large, heavy, rubber feed buckets work nicely. Hanging dishes or feeders work as well and should be hung at about the level of the bird's back. If dishes are outside the coop, they should be set under an overhang to keep them dry when it rains. Waterers: Water receptacles should be made of non-corrosive material that can be cleaned and disinfected with a solution of chlorine bleach, prevent contamination with droppings and is spill and leak proof. The containers should be large enough for all the birds to comfortably drink at once and hold enough water for all birds for an entire day. They should be slightly positioned higher than the feeder or far enough away to prevent contamination with food. Nestbmxes' Dnenestboxisneededforevery3hens.Al2"VVx12"Dxl4"Hboxismostversati|e. Chickens prefer wooden nest boxes with covered opening for privacy placed on or as low to the floor as possible. If set higher, they require a perch in front of the opening. They should be filled with 2-4 inches 0 1: straw, Iitter, or grass. They prefer to nest in the southeast corner of the structure whenever possible. PEN: The pen is a fenced area surrounding the coop that provides secure access to exercise, sunlight, earth and vegetation and is freely available to the birds when they are unsupervised. It is constructed to prevent the birds' escape and prevents entry by intruders/predators. Construction & Materials — Kennel pens can be purchased ready-made or in kits, or built from scratch. Local building codes should be followed to prevent damage from snow, wind, etc. Temperament and social structures of flock should be taken into account, and partitions should be available for birds who are sick, injured or lower in the pecking order. Required features: Size: 10 sq. feet of floor space (an area of 3 ft x 3.3 ft) minimum per bird is required, so 4 birds will need floor space of at least 6 feet x 7 feet. If the coop is adjacent to the pen, at least a 6 x 12 foot space in a yard is needed. If the coop is elevated 2 feet so the chickens can use the space underneath, the coop and pen can occupy some, but not all, of the same footprint. Having most of the pen in deep shade all of the time is conducive to unhealthy bacterial and fungal development. The pen should be high enough for you to stand up comfortably for cleaning, maintenance, capture and also to allow for additional roosting. Substrate: Choose a well-drained area. Substrate material for the pen should be clean, nontoxic, biodegradable, readily available, inexpensive and replaceable. Since it will become compacted from little feet and contaminated by concentrated droppings and parasites, it will need to be raked out and use.comichbckenrunreacue/ Page 6 2/15/106 replaced frequently to reduce odor and fiy activity. PIay-sand, leaves, municipal wood chips, sod and hard-wearing ground cover work well. Metal fencing / predator control: The type of fencing depends on what the mos likely predators are in your area. Dogs rats, raccoons, hawks and coyotes are the mos prevalent in city neighborhoods, but others include fox mink, opossum, bobcats, snakes, weasels, ferrets, fisher and marten. It's best to build the stronges deterrents possible. Chain-link panels or welded or woven fencing on a sturdy frame, reinforced at the bottom with small-mesh metal wire that prevents predators from tunneling under the fence will discourage most intruders. Regular inspection is the key to security. Gate: A gate is needed for easy human access. Cover: The pen should be covered to keep birds in and predators out. The type of covering needed will depend on the type of predators. Covering part of the pen with a roof such as corrugated fiberglass can provide shade and ram shelter. Windbreak: Providing a wind and snow break will give the birds a protected area to be outdoors even in winter. Shade: Shade must be available and can be provided by vegeta or strategically placed materials. Dust bath: Taking a dust bath is the closest thing to heaven for a chicken. They derive pleasure and contentment by bathing in the sun and in loose, dry soil depressions in the dirt, which cleans their feathers and rids them of parasites. Birds will usually dig their own hole for dust baths. Keep the soil in the dust bath loose, and add play-sand if it is a heavy clay soil. Adding a little poultry dust, diatomaceous earth or wood ash increases the effectiveness of parasite control. Large, heavy rubber feed buckets filled with play-sand are a welcome addition to the indoor coop in the winter. Enrichment furnishings: There is nothing sadder than a barren pen, when compared to the rich jungle environment chickens evolved in. Lots of large branches, stumps or platforms provide places to go and things to do, and they look natural and attractive in the pen. Include bushes, boxes or other objects to sit in or hide behind. Plant kale or other safe, edible vegetation around the outside of the pen for forage. Overcrowding, boredom and barren pens are the most common causes of behavioral problems. RANGE/ EXERCISE YARD: The Iargerfenced area like a backyard that provides ample space for safe exercise, forage, sunlight, earth and vegetation that is regularly available to the birds when supervised. For regular exercise, 174 sq. ft per bird (an area about 10 ft x 17 ft per bird) is required. Four birds will need access to a 40 ft x 70 ft fenced area in the yard. If there is no access to a larger range/ exercise yard, 16 sq. feet of floor space minimum per bird (an area 4 ft x 4 ft per bird) in the pen must be provided. Fencing: 6 feet of privacy fencing prevents and discourages uninvited human and animal visitors. It also promotes the safety and security ofthe birds and neighbors. Nontoxic plants: Chickens are inquisitive and voracious eaters of vegetation and many ornamental garden plants can be toxic to them. Learn which of your plants might be harmful and fence them off or better yet replace them with safe and nutritious plants. Security: Chickens are susceptible to theft, vandalism and predators and need to be securely shut in the coop at night. Security cameras, lights and baby monitors are also highly recommended deterrents. PROVIDING GOOD CARE FOOD/WATER Fresh food and water are required daily and should be available at all times. Hay, grain and prepared feed should be fresh—less than one year old and free of mold, insects or other contaminants. Daily intake should include: 60 % nutritionally balanced, prepared feed appropriate for the age of bird, 20% scratch (cracked corn, oats, black oil sunflower seeds, milo, barley) 20% fresh (nutritious foods and table scraps—caution, toxic: onion, avocados, chocolate). Supplements: oyster shell or limestone for calcium, granite grit for digestion, mineral salt or ground salt licks. Chickens drink 1'2 cups of water a day. http://www.brittonoiouoe.comichichenrun,eacue/ Page 7 2/15/107 FeedshouNbestoredinsiderodent-proofcontainersinacooLdryareainaccessibkatoanimab.5tored feedbags should be rotated to ensure that feed is always fresh. Food that is uneaten or spilled should be removed from animal enclosures daily. SOCIAL NEEDS Temperament and social structures of animals should be taken into account, and separate areas should be provided for incompatible birds. VET CARE Locate a veterinary clinic nearby that will see chickens before one is needed—preferably one that specializes in avian care. Chickens are welcome in increasing numbers of city clinics. Check vet backgroundsathttp://wwwxetmed.state.mn.us/Def ult.aspx7tabid=8O3. Have an isolation area or roomy carrier and heating pad for sick or injured birds. Critical/emergency first aid supplies should be kept, including roll gauze, gauze pads, tape, vet wrap, blood-stop powder, antibiotic ointment, antibacterial scrub and solution, and bandage scissors. SANITATION Manure and wet bedding should be removed from the coop and animal feeding and lounging areas daily. Thorough, complete cleaning of walls and perches, removal of all bedding, and disinfecting of the coop and furnishings should be done at least once a year. Keeping shelter areas clean and dry will help prevent bacteria, fungi, insects, rodents etc. Rodent Ievels will be minimized by keeping all feed in rodent-proof containers and removing spilled or uneaten food promptly. Litter can be double bagged and disposed of as solid waste or composted, but composting must be done in an area where chickens will not scratch for at least a year. Housing animals in spacious, clean and relatively dust-free environments will keep them healthy and will minimize human exposure to infectious disease. Sources: Poultry Your Way: A Guide to Management Alternatives for the Upper Midwest, Minnesota Department of Agriculture, 2005 Standards of Care for Chickens, Adapted from Standards of Care for Farmed Animals, The Association Of Sanctuaries (TAOS). Edited by Chicken Run Rescue. 6/2008, revised 4/7/09 Poultry Housing Considerations for Low Input Small Scale Producers, David Sullenberger, TimeWarrior Farm Chronicle Special Reports, Revision E, fall 2003 Building Chicken Coops: Storey Country Wisdom Bulletin A'224,Gai|Damerm* 1999 Chicken Health Handbook, Gail Darnerow, 1994 http://www.brittonclouse.comichickenrunrescuei Page 8 2/15/108 REQUIREMENTS FOR KEEPING CHICKENS The Permit for keeping chickens and other domestic fowl is contingent on your meeting responsibilities to your neighbors and the birds. Our department so often sees animals in inappropriate settings. Before going further, please read the enclosed CHICKEN CARE SHEET. Consider the commitment needed with regard to the lifespan, cost, time, space , location, and other consequences of caring for chickens. Next, consider the kind of impact they may have on your neighborhood. You must provide sufficient control so that their presence will not disturb neighbors with property damage, activity, noise, odor or trespass. You must keep your property clean and maintained in a manner that prevents insect and rodent infestations. Finally, consider the birds themselves. Are you willing to assume a long term commitment to them? They must be provided with food, water shelter and veterinary care. They also need kindness and personal attention. COOP: The house, closed structure or enclosed room which provides shelter from cold, heat, wind, rain, snow and predators for protected roosting, nesting, feeding and watering space. size: 4 sq. feet nterior floor space minimum per bird (an area 2 ft. xl per bird). access to electricity floor: wood- 1 ft. offthe ground, insulated 1 seated or concrete bedding: clean, absorbent, nontoxic, biodegradable and replaceable material walls: varnished, treated or painted draft free double walls 1 1/2 inch insulation roof: will not collect hold heat, min. 1-1/2 inch insulation, insulating tar paper, inclined, vents doors: 1 human-size, 1 bird door 0-2 ft. high, stable ramp, secure Iatch windows: 1 square foot of window per 10 square foot of floor space roosts: 1 1/2 diameter or greater , 18" from wall, 2 -3 feet off the floor. climate control: heater, fan, ventilation to maintain temperature 32° min.- 85° max. F light: full spectrum, vvindovvsand/orskyUghts,1ncandescentUghtorothertofoUovvnorma|seasona| light cycles. feeders/ waterers: non corrosive, clean, size and number sufficient, accessible for all birds nestboxes- 1 per 3 hens, bedding PEN: Thefenced area surrounding the coop that provides secure access to exercise, sunlight, earth and vegetation and isfreely available to the birds when they are unsupervised. It is constructed to prevent the bird's escape and prevents entry by intruders/predators. size: 10 sq. ft offtoor space minimum per bird (an area 3 ft. x 3.3 ft per bird) substrate: well drained area; clean, nontoxic, biodegradable and replaceable matter metal fencing and gate predator control: sufficient to keep birds in/predators out cover: sufficient to keep birds in/predators out windbreak, shade, dustbath, enrichment furnishings (ie. branches, stumps or platforms bushes, boxes) RANGE/ EXERCISE YARD: The larger fenced area like a backyard that provides ample space for safe exercise, forage, sunlight, earth and vegetation that is regularly available to the birds when supervised. size: 174 sq. ft per bird (an area about 10 ft. x 17 ft per bird) If no access to a larger Range/ Exercise Yard pen must provide 16 sq. ft. of floor space minimum per bird (an area 4 ft. x 4 ft per bird) fencing: 6 ft privacy fencing FOOD WATER: Fresh food and water daily, calcium supplement, grit, stored in rodent proof containers, uneaten 1 spilled removed daily. SOCIAL: separate areas provided for incompatible birds. VET CARE: designated veterinary clinic , isolation area SANITATION- manure/wet bedding removed daity; clean 1 disinfect coop and furnishings annually. Soiled litter double bagged for solid waste or composted in an area inaccessible to chickens for at least ayear. bttp,Ywww.b[ittonolouae.comichickenrun[esoue/ Page 9 2/15/109 Are goats for me? Din the league Keeping dairy goats is a thrill. You get to witness the miracle of life. You get to actually milk an animal. You get to carry a full bottle of milk into your home twice a day and you get to spend time with goats and they are often up to interesting and entertaining things (when they aren't napping or eating). But, goats aren't for everyone and there are a few very important things to keep in mind. Here they are, in brief bullet form: • You MUST get two goats. One goat will be lonely and stressed and act out in ways that you could not imagine but that you can be assured will cost you heartache and money! Think incredibly inventive escapes. Think your neighbors brand new BMW, jumped all over and dented. Think prize rose bushes eaten in one gulp. Plus, stressed goats are much more likely to get sick and make noise. Goats are herd animals and require the companionship of another hooved animal, preferably a goat. DO NOT expect your dog to provide adequate companionship. Goats and dogs can get along, but they rarely form a strong bond. • Goats are NOT going to mow your lawn. Goats are primarily browsers. This means, that unlike sheep and cows, they prefer bushes to grass. It also means that rather than giving your lawn a beautiful manicured look, they will devour your rare Japanese maples and rose bushes and leave your lawn looking like Rod Stewart's hair stylist is your gardener. • Keeping goats involves UNRELENTING work. Every morning and every evening, you will need to head out to your milking area and milk your goat. This doesn't take much time, and you don't have to do it at exactly the same time every day, but you CAN NOT skip a day. Some people milk their goats only once a day after the goat is past the peak of her lactation. This is fine, although it does result in getting only half the amount of milk you would get otherwise and it still means you cannot take even a single day off. Also, don't assume a neighbor kid can milk your goat when you go away. Milking a goat takes practice and patience. If you can find a neighbor adult who really wants to milk, DO IT. But, it's a special sort of person who is willing to take the time to learn. Getting proficient at milking takes about a week of practice, morning and evening and it's unbelievably frustrating at first. Even if the goat is an angel on the stand, the motion takes many weeks to truly master. • Because goats eat primarily leaves and other low calorie foods and because they give lots of calories in the form of rich milk, they eat an incredible volume of food. This ends up costing about $75 per month for a pair of goats, but more importantly, it requires a lot of lugging. You will regularly need to deliver to your goat yard large bales of hay and 50 pound bags of alfalfa pellets. This means, you'll need to be in good physical condition to keep goats or alternatively, have enough money to pay someone to lug for you. Goats will NOT magically clear your yard of blackberry bushes. There are always newspaper stories about goats doing land clearing. These stories are true, but they inevitably forget to mention that the goats come with a handler who, as the goats defoliate bushes, clear the bramble away. Goats do not eat the thorny branches of blackberry. If a human handler didn't help, the goats, unless they were truly starving, would not plow through the prickers to get to the remaining foliage. Keeping goats is far more work than keeping chickens, but it's work that some people enjoy. If you are a reliable person who enjoys spending time outside doing physical work in your garden and who loves spending time with animals, it's possible that goat keeping would be right for you. 2013 Goat Justice , jcn tb eague