REQUEST FOR COUNCIL ACTION

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REQUEST FOR COUNCIL ACTION Date: 6-5-2017 Item No.: 7.c Department Approval City Manager Approval Kari Collins, Community Development Director Item Description: Discuss City Code Chapter 407.02.E, Keeping of Non-Domestic Animals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BACKGROUND During the March 27, 2017 City Council discussion of proposed nuisance code amendments, Council directed staff to research the keeping of pigs and goats. Staff was able to locate four cities which currently allow for the keeping of pigs and goats. Those cities are Shoreview, Fridley (on one acre and larger parcels), Duluth and St. Paul. The Code Enforcement Officer from Shoreview indicated that Shoreview allows these animals by ordinance, however, no such animals to his knowledge are being kept currently or have for a number of years. Animal Control from the City of St. Paul reported that caution and preparation should occur prior to the ordinance change. They suggested specific licensing, enclosure and enforcement requirements be implemented. Also, it was suggested that the City of Roseville consider how animal control would deal with these animals. It was stated that current staff may need additional training in how to deal with these animals and how to transport any strays. St. Paul also suggested that the current contract with a veterinary hospital be researched to identify if these animals can be brought to their location for impound. Staff also contacted the Animal Humane Society, as well as, the Animal Board of Health for comments regarding the allowing of pigs and goats in an urban area. The Animal Humane Society raised concerns about these animals being kept in an urban environment. It was the Society s opinion that these animals do not thrive in the urban environment and they were concerned if this would lead to circumstances that would require these animals being brought to their shelters or similar animal rescue shelters. The State Veterinarian (Dr. Thompson), with the Animal Board of Health raised similar concerns, along with suggesting Roseville should research the specific vaccination requirements and enclosure requirements these animals need for their safety and the safety of the public. Dr. Thompson further stated these two groups of animals are very difficult to regulate regarding specific species or weight (as Duluth and Shoreview do). She further stated that the so-called tea-cup and potbellied pigs can grow to anywhere from sixty pounds, to in excess of two hundred pounds. She further stated that goats, of any size, can be extremely destructive to structures, plantings and landscapes. It is the opinion of staff that removing the restriction on the keeping of pigs and goats may be problematic to enforce. An extraordinary amount of staff time will be required to craft any licensing ordinances specific to these animals. Research related to the required vaccinations and enclosure requirements will need to be compiled well in advance of amending this section of current code. Discussions will need to occur amongst various City Departments regarding

37 38 39 40 41 42 43 44 45 46 oversight and enforcement if these animals are allowed to be kept within the City. Further staff time will need to be allocated to the training of designated staff in the securing and transportation of any stray animals that are located. If Council wishes to move forward in allowing the keeping of these animals, amendments to 407.01 and 407.02.E will be necessary. Also, direction to staff will be required for necessary revisions to Chapter 501 Animal Control. Prepared by: Dave Englund, Codes Coordinator Attachments: A: Farm Animal Regulations

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5/15/17 - Farm Animal regulations (Roe suggestions to start the conversation): CURRENT: 407.02: NUISANCES AFFECTING HEALTH, SAFETY, COMFORT OR REPOSE: The following are hereby declared to be public nuisances affecting health, safety, comfort or repose: G. Keeping of Farm Animals: The keeping of cows, horses, sheep, goats or any four legged animal commonly known as farm animals, other than those commonly called poultry, in any pasture, stable or any enclosure within 300 feet or less of any other lot in any residence district. (Ord. 629, 9-28-70) 501.21: RIDING HORSES: A. Definition: As used in this Section, "riding horse" means any horse which is used primarily for riding. (Ord. 349, 12-1-1961) B. License Required: No person shall keep any riding horse within the City for over 30 days unless a license for such animal has been first secured. C. Condition of License: A license shall be granted to any applicant for a riding horse on the following conditions: 1. Said riding horse shall be used in such a manner so as not to annoy or disturb residents of the City. 2. Said riding horse will be kept in an inconspicuous place and not allowed to run at large. D. Application for License: The application for a license shall be made to the City Manager and granted by the City Council for the license of each particular horse. The license shall be suspended or revoked by the City Council upon any breach of the conditions of license set forth in this Section. (Ord. 349, 12-1-1961) E. Minimum Area and Fencing: No license shall be issued for any riding horse unless the horse shall be kept in an adequately fenced pasture of a minimum size of three acres, but no more than three horses can be kept in such three acre pasture at any one time. For each horse in excess of three, an additional one acre of fenced pasture shall be provided. (Ord. 734, 9-9-1974) F. License Fee: The license fee for each riding horse is as established by the City Fee Schedule in Section 314.05. (Ord. 1379A, 11-17-2008) G. Term of License: The license granted by the City Council under this Section shall be for the life of each horse and need not be renewed annually. H. Issuing and Affixing Tags: Upon the granting of a license by the City Council, the City Manager shall issue to the licensee a tag indicating that a license has been issued and said tag shall be affixed to the riding horse so licensed. (Ord. 349, 12-1-1961)

2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 SUGGESTED POSSIBLE CHANGES: 407.02: NUISANCES AFFECTING HEALTH, SAFETY, COMFORT OR REPOSE: The following are hereby declared to be public nuisances affecting health, safety, comfort or repose: G. Keeping of Farm Animals: The keeping of cows, horses, sheep, goats, pigs, poultry, or any four legged animal commonly known as a farm animals, other than those commonly called poultry, in any pasture, stable or any enclosure within 300 feet or less of any other lot in any residence district. (Ord. 629, 9-28-70) 1. Exceptions: This prohibition shall not apply to: a. The keeping of up to X chicken hens and Y roosters on Low Density Residential properties to provide eggs for non-commercial purposes, provided that any coops or other related structures meet Accessory Building requirements in Title 10 of this Code; b. The keeping of no more than 2 of what are known as pygmy goats or pot-bellied pigs, weighing less than 100 pounds each, as pets on Low Density or Medium Density Residential properties; c. The keeping of bees on Low Density Residential properties, provided that any hives or other related structures meet Accessory Building requirements in Title 10 of this Code; d. The use of sheep or goats for turf, plant, or weed control during daylight hours, so long as such animals are not otherwise kept on a premises in violation of this Code; e. Riding Horses licensed under Chapter 501 of this Code. 501.21: RIDING HORSES: A. Definition: As used in this Section, "riding horse" means any horse which is used exclusively primarily for riding. (Ord. 349, 12-1-1961) Keeping of horses for any other purpose is not permitted. B. License Required: No person shall keep any riding horse within the City for over 30 days unless a license for such animal has been first secured. An unlicensed riding horse shall not be kept in the City for any length of time. C. Condition of License: A license shall be granted to any applicant for a riding horse on the following conditions: 1. Said riding horse shall be used in such a manner so as not to annoy or disturb residents of the City. 2. Said riding horse will be kept in an inconspicuous place and not allowed to run at large. D. Application for License: The application for a license shall be made to the City Manager and granted by the City Council for the license of each particular horse. The license shall be suspended or revoked by the City Council upon any breach of the conditions of license set forth in this Section. (Ord. 349, 12-1-1961) E. Minimum Area and Fencing: No license shall be issued for any riding horse unless the horse shall be kept in an adequately fenced pasture of a minimum size of three acres, but

3 93 94 95 96 97 98 99 100 101 102 103 104 no more than three horses can be kept in such three acre pasture at any one time. For each horse in excess of three, an additional one acre of fenced pasture shall be provided. (Ord. 734, 9-9-1974) F. License Fee: The license fee for each riding horse is as established by the City Fee Schedule in Section 314.05. (Ord. 1379A, 11-17-2008) G. Term of License: The license granted by the City Council under this Section shall be for the life of each horse and need not be renewed annually. H. Issuing and Affixing Tags: Upon the granting of a license by the City Council, the City Manager shall issue to the licensee a tag indicating that a license has been issued and said tag shall be affixed to the riding horse so licensed. (Ord. 349, 12-1-1961) (or repeal this entire section?)