Title
ORDINANCE AMENDING CHAPTER 6 TO MAKE LANGUAGE GENDER NEUTRAL, UPDATE TERMINOLOGY, AND UPDATE THE DUTIES OF THE ANIMAL CONTROL AUTHORITY BASED ON RECOMMENDATIONS OF THE ORDINANCE REVIEW AND MODERNIZATION TASK FORCE.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Chapter 6, Article I, Section 6-4, of the Duluth City Code be amended as follows:
Sec. 6-4. Disposal after five business days; fees to defray costs of animal shelter.
(a) After the waiting period prescribed by Section 6-3, the animal control authority may make provisions for the adoption or humane euthanasia of such animals which remain unclaimed. The humane euthanasia of any such unclaimed animals shall be carried out by a licensed veterinarian only if the animal is deemed to be a danger to public safety or to be suffering from a serious health condition or illness as attested to by the animal control authority.
(b) The city council may, from time to time, by resolution, set such fees for animal control services as may be necessary to defray the costs of operating the city animal shelter. Such fees may include, but are not limited to disposal fees, placement fees, and service calls within and without the city. The city council shall set the amount of fees by resolution. All such fees shall be collected by the animal control authority and shall be turned in to the city treasury.
Section 2. That Chapter 6, Article I, Section 6.6, of the Duluth City Code be amended as follows:
Sec. 6-6. Obstructing animal control officer; breaking into public animal shelter.
(a) No person shall intentionally obstruct, hinder, prevent or interfere with an animal control officer while the officer is engaged in the performance of animal control duties;
(b) No person shall break open or in any manner, directly or indirectly, assist in breaking open any public animal shelter in the city, release or attempt to release therefrom any animal impounded;
(c) No person except for the animal control authority shall release or cause to be released any animal impounded at the Duluth animal shelter.
(d) No person shall provide false information to any animal control officer officier.
Section 3. That Chapter 6, Article VII, Section 6-73, of the Duluth City Code be amended as follows:
Sec. 6-73. The keeping or selling of nondomesticated animals prohibited.
(a) No person shall own, possess or have custody on their his or her premises any nondomesticated animal for display, training or exhibition purposes, whether gratuitously or for a fee, except as permitted under Chapter 50 of the Duluth City Code;
(b) No person shall keep or permit to be kept any nondomesticated animal as a pet, except as permitted under Chapter 50 of the Duluth City Code;
(c) No person shall offer for sale any nondomesticated animal unless authorized by federal or state law.
Section 4. That Chapter 6, Article VII, Section 6-77 of the Duluth City Code be amended as follows:
Sec. 6-77. Hunting deer by bow and arrow.
(a) Findings and policy. The city council finds that the peace and safety of the community, and the health of the forest, are threatened by the overabundance of wild deer within the city. Therefore, the population of wild deer must be regulated and managed. The method for the regulation shall be an annual harvesting of wild deer by use of bow and arrow;
(b) State laws. The conduct of any authorized deer hunting within the city must be in compliance with all applicable laws and regulations of the state of Minnesota. This Section is supplemental to the laws of Minnesota, as they may be amended or changed from time to time;
(c) Enforcement officers. The conduct of any authorized deer hunting within the city shall be regulated by the City Administrator chief administrative officer or their his or her designee or his or her agents, and any state or federal agents with jurisdiction. The council has authority to, by contract approved by resolution, designate the City Administrator chief administrative officer or their his or her designee’s agent for the purpose of managing the hunt;
(d) Allowed hunting areas. Deer harvesting will be prohibit-ed in all areas of the city except the following:
(1) Any area designated by the council, by resolution, as a designated hunting area (DHA) or an area determined by the hunt agent to be in special need of deer removal (hot spot). Hot spot areas shall be inspected by a hunt agent officer or its designee, who after deeming the hotspot safely huntable, shall notify both the city’s deer hunt manager and law enforcement agency’s liaison officer of the new area to be hunted.
(2) Any privately-owned property within a DHA that is not owned by the hunter, but that is owned or controlled by a party from whom the hunter has obtained written permission, dated and signed within 12 months of the time of the hunting, to hunt deer on the property;
(A) In a duly designated hunting area, hunting will not be allowed:
1. Within 250 feet of any occupied dwelling or active commercial structure or structure accessory thereto, without the landowners permission. Hunters may hunt closer than 250 feet from an occupied dwelling or active commercial structure with a landowner permission (LOP) form signed by the landowner whose name appears on the title
2. Any place posted “no hunting” in compliance with the laws of Minnesota;
(e) Authorized hunters. Any person hunting deer by bow and arrow within the city must meet all of the following criteria:
(1) Be qualified to hunt deer by bow and arrow under all the laws and regulations of the state of Minnesota and be licensed to do so by the state;
(2) Be certified to be qualified to harvest deer within the city by the City Administrator chief administrative officer or their his or her designee or the designated agent approved by council resolution. The council has authority to, by contract approved by resolution, designate the City Administrator chief administrative officer or their his or her designee’s agent for the purpose of managing the hunt, regulating the hunters, and collecting fees due to the city and giving such fees to the city. Application for a deer hunting qualification certificate shall be made to the City Administrator chief administrative officer or their his or her designee. The agent designated by the council may act for the City Administrator chief administrative officer or their his or her designee to collect the fee. The fee shall be set in accordance with Section 31-6(a) of this Code. The standards and requirements of the program shall be set by resolution of the council. The program shall include each hunter’s agreement to behavior and ethical standards, proficiency standards, and a waiver of rights for any liability of the city, its contract agent or landowners;
(f) Conduct of the hunt
(1) Harvesting of deer shall only be done in compliance with this ordinance, state law, any resolution passed by the council setting standards for conduct of the hunt or contracting for the services of the city’s agent for that purpose, the city’s hunt agent’s rulebook for hunters, and any deer management plan for Duluth adopted by the city council;
(2) Carcasses and entrails must be removed from the site of the kill immediately and completely;
(3) Only hunting by bow and arrow is allowed, except for hunting with crossbow as permitted with archery hunting, as it is allowed under Minnesota statues section 97B.035 - Restrictions on Archery Equipment
(4) No permanent stand is allowed on public property;
(5) No hunter may harvest more than one antlered deer. Party hunting, as defined by state law, is limited to antlerless deer only;
(6) No hunter may attempt to shoot or harvest a deer that is beyond the effective range of the hunter;
(7) Each hunter must repair or pay for any damage to the property of another that arises out of the hunting activities;
(g) Violations. A violation of this Section is punishable as set out in Section 1-7, as it may be amended or changed from time to time. In addition, any person convicted of or administratively found to have violated this Section, or any other law, or the rules of the hunt set by the council or the hunt agent’s rulebook, as a result of actions related to deer harvesting authorized by this Section, shall be disqualified, for a period determined to be appropriate by the hunt agent, but not greater than 40 years from the date of conviction, or violation, whichever is later, from being certified as qualified to harvest deer within the city. The city or the city’s hunt agent may, by due process, determine the commission of a violation and impose an appropriate period of disqualification, which decision can, within 15 days, be appealed, by written notice, to the City Administrator city’s chief administrative officer;
(h) Each year, the City Administrator chief administrative officer or their his or her designee shall report to the city council about the conduct of the previous year’s harvest, including the number of participants, the number of deer taken, any problems encountered and any recommendations;
Section 5. That Chapter 6, Article VII, Section 6-79, of the Duluth City Code be amended as follows:
Sec. 6-79. Obtaining a license to keep chickens.
(a) Any person who keeps chickens in the city of Duluth other than areas zoned Rural-Conservation (R-C) or Residential-Rural 1 (RR-1) under sections 50-14.2 and 50-14.3 of this Code, shall obtain an annual license prior to acquiring the chickens. Only one license shall be allowed per one-family dwelling or two-family dwelling as defined in Section 50-41 of this Code. A license granted to a two-family dwelling shall require written permission from the occupants of both dwelling units. The license year commences on January 1 and ends on the following December 31. Applications shall be made to the city clerk. The city clerk shall collect the license fee
(b) Fees to be charged for the issuance of a license to keep chickens shall be set in accordance with Section 31-6(a) of this Code;
(c) All licenses shall be conditioned upon passing a mandatory subject to inspection by at the discretion of the animal control authority;
(d) The animal control authority may refuse to grant or may revoke a license if the chickens become a nuisance, as evidenced by a third admitted or judicially-determined violation of the Duluth City Code within 12 months of the first of the three admitted or judicially-determined violations;
(e) The animal control authority may refuse to grant or may revoke a license to a person convicted of cruelty to animals under a code, ordinance or statute from this state, or a code, ordinance or statute from another state;
(f) All reports of such inspections and reviews shall be in writing and maintained by the animal control authority
Section 6. That Chapter 6, Article VII, Section 6-80.2, of the Duluth City Code be amended as follows:
Sec. 6-80.2. Obtaining a license to keep small hoofed mammals.
(a) Any person who keeps small hoofed mammals in the city of Duluth other than areas zoned Rural-Conservation (R-C) or Residential-Rural 1 (RR-1) under sections 50-14.2 and 50-14.3 of this Code, shall obtain an annual license prior to acquiring any small hoofed mammal. Only one license shall be allowed per one-family dwelling or two-family dwelling as defined in Section 50-41 of this Code. A license granted to a two-family dwelling shall require written permission from the occupants of both dwelling units. The license year commences on January 1 and ends on the following December 31. Applications shall be made to the city clerk. The city clerk shall collect the license fee.
(b) Fees to be charged for the issuance of a license to keep small hoofed mammals shall be set in accordance with Section 31-6(a) of this Code;
(c) The applicant shall provide at time of annual licensure a list of all property owners within 150’ of the boundaries of the property where the small hoofed mammals are to be kept and, in order to be eligible to receive a license to keep small hoofed mammals, the written approval of the owners of 51% of the properties within the 150’ area shall also be provided;
(d) All licenses shall be conditioned upon passing a mandatory subject to inspection by at the discretion of the animal control authority;
(e) The animal control authority may refuse to grant or may revoke a license if the small hoofed mammals become a nuisance, as evidenced by a third admitted or judicially-determined violation of the Duluth City Code within 12 months of the first of the three admitted or judicially-determined violations;
(f) The animal control authority may refuse to grant or may revoke a license to a person convicted of cruelty to animals under a code, ordinance or statute from this state, or a code, ordinance or statute from another state;
Section 7. That Chapter 6, Article VIII, Section 6-82, of the Duluth City Code be amended as follows:
Sec. 6-82. License fees.
Persons operating or maintaining pet shops, grooming shops, mobile grooming shops, and breeding kennels or boarding kennels, or animal shelters or veterinary hospitals, when such facilities are maintained under professional supervision, shall, in addition to other licenses required by this Section, pay a license fee. The city council may, from time to time, by resolution, set such license fees for persons maintaining or operating the following:
(a) Kennels keeping two to five dogs or cats;
(b) Kennels keeping six to 11 dogs or cats;
(c) Kennels keeping 12 or more dogs or cats;
(d) A pet shop business;
(e) A commercial grooming shop business;
(f) A commercial mobile grooming shop business
(g) A nuisance wildlife removal business.
All such kennel fees shall apply only to dogs or cats over the age of four months. The city animal shelter is exempt from the provisions of this Section.
Section 8. That Chapter 6, Article VIII, Section 6-83, of the Duluth City Code be amended as follows:
Sec. 6-83. License; application.
No person shall establish, operate or maintain a pet shop, grooming shop, dog or cat breeding kennel, boarding kennel, animal shelter, or nuisance wildlife removal business without first obtaining an annual license therefor. Licenses shall be applied for at the office of the city clerk on forms provided by the clerk's office. Each application shall be accompanied by an annual license fee as set by the city council by resolution.
Applications for license renewals shall be made at least 30 days before the license term expires. In addition, any license application or renewal thereof, shall be accompanied by a corporate surety bond to the city of Duluth in the amount of $3,000, which shall be maintained in that amount throughout the license period to ensure payment of veterinary or other care for animals ordered by the animal control officer and to ensure the licensee's compliance with all laws pertaining to its operation. Pet shops shall also file with the city clerk a commercial general liability insurance policy covering applicant's pet shop operations in the amount of $300,000 for bodily injury in any year and $50,000 for property damage in any year.
Prior to the issuance of any first time license thereof under this Article, the animal control authority shall may conduct an inspection of the licensee to determine compliance with this Article.
Prior to the issuance of any license renewal thereof under this Article, the animal control authority shall may conduct an inspection of the licensee to determine compliance with this Article. All reports of such inspections and reviews shall be in writing and maintained by the animal control authority. A license shall not be issued or renewed without full compliance with the terms of this Article. License issued under this Article shall expire one year from the date of issuance, unless earlier suspended or revoked as provided in this Article. Each license issued under this Article shall be prominently displayed at all times in the establishment for which it is issued. A licensee shall be responsible for all actions and conduct of any employee or agent of the licensee and any violation of this Article by an employee or agent shall be deemed to be the actions and conduct of the licensee.
Section 9. That Chapter 6, Article VIII, Section 6-84, of the Duluth City Code be amended as follows:
Sec. 6-84. Issuance of licenses.
Prior to the issuance of any first time license thereof under this Article, the animal control authority shall may conduct an inspection of the licensee to determine compliance with this Article. The animal control authority may conduct an All premises licensed under this article are subject to inspection of the licensee to determine compliance with this Article at the discretion of the animal control authority. The animal control authority, for all application of license and renewal of license, shall make a written report of such investigation to the office of the city clerk. A license shall not be issued or renewed without full compliance with the terms of this Article. License issued under this Article shall expire one year from the date of issuance, unless earlier suspended or revoked as provided in this Article. Each license issued under this Article shall be prominently displayed at all times in the establishment for which it is issued. A licensee shall be responsible for all actions and conduct of any employee or agent of the licensee and any violation of this Article by an employee or agent shall be deemed to be the actions and conduct of the licensee. (
Section 10. That Chapter 6, Article VIII, Section 6-84.1 of the Duluth City Code be amended as follows:
Sec. 6-84.1 Requirements for Animal Rescue Groups or Organizations
(a) In order to be recognized by Duluth Animal Control, all animal rescue groups or organizations shall post on their publicly-accessible internet site the information required by this section for all animals held by the group or organization:
(b) In order to be recognized by Duluth Animal Control, all animal rescue groups or organizations shall maintain and post the information required by this subsection related to the animals held in their custody and care in order to be recognized or approved by Duluth Animal Control.
(1) The total number of live animal intakes categorized as follows:
a. The number of animals received by the shelter, agency, group, or organization;
b. The number of animals that were relinquished by the animal’s owner;
c. The number of animals that were received from other agencies; and
d. Any other live animal intake.
(2) The final outcome of the animals received by the shelter, agency, group, or organization as follows:
a. The number of animals that were adopted;
b. The number of animals that were reclaimed by the animal’s owner;
c. The number of animals that were transferred to another agency;
d. The number of animals that died while in the care of the shelter;
e. The number of animals that were lost in care; and
f. The number of animals that were euthanized at the request of the owner.
(3) The information required to be posted under this section shall be updated at least quarterly and shall remain posted for at least one (1) year from the date of initial posting.
(c) In order to be recognized by Duluth Animal Control, all animal rescue groups or organizations are subject to a mandatory inspection at the discretion of by the animal control authority.
Section 11. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance amends Chapter 6 based on recommendations made by the Ordinance Review and Modernization Task Force (“Task Force”). The Task Force is comprised of city councilors and city staff who are charged to review and recommend updates that reflect modern practices. The review process included a comment period providing the public an opportunity to provide input on the Task Force’s recommendations. In Chapter 6 pronouns have been changed to be gender neutral, the city administrator title has been corrected throughout, and the duties of the animal control authority are better defined.