8A CAF
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Zoning Code Amendment - Variances
Title / Subject:
Meeting Date: 14 November 2011
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s Memorandum, dated 14 September 2011
Policy Consideration:
Background: Due to changes this year in the state statutes governing the granting of variances, the
Planning Commission held a public hearing on 20 September, and continued to 4 October 2011 to
consider revisions to Shorewood’s Zoning Code that will make it consistent with the statutes. The
attached staff report, dated 14 September, illustrates the changes initially recommended by staff (in red
type) and the subsequent revisions by the Planning Commission (in blue type). It should be noted that a
suggestion was made that the term “practical difficulties” be capitalized when used in the Code. Since
this technique has not been used elsewhere in the Code, it was changed back to lower case.
Financial or Budget Considerations:
Options: Adopt the proposed amendment, revise the proposed amendment or leave the Code as
currently written.
Recommendation / Action Requested: Staff recommends adoption of the Code amendment as drafted.
Next Steps and Timelines:
Connection to Vision / Mission: Quality public service.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission,Mayor and City Council
FROM:
Brad Nielsen
DATE:
14 September 2011
RE:
Zoning Code Text Amendment – Variances (Rev)
FILE NO.
Zoning Code (Chapter 1201.05)
At the last Planning Commission meeting, staff provided background on recent changes to
state statutes relative to the granting of variances. Following are revisions staff had
determined necessary to bring Shorewood’s Zoning Code in line with the statutes:
(Additions are shown in red type, deletions are shown with strikeouts)
Section 1201.02
(Definitions)
HARDSHIP
Delete – definition of “” in its entirety.
Add – following definition:
PRACTICAL DIFFICULTIES
“. A situation in In connection with the request for a
variance from compliance with the requirements of this Code, where a property owner
proposes to use the subject property in a reasonable manner not permitted by the Code in
which the plight of the property owner giving rise to the variance request is due to
circumstances unique to the property not created by the property owner or a previous
property owner and the variance, if granted, is in harmony with the general purposes and
intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the
essential character of the locality. Practical difficulties include but are not limited to
inadequate access to direct sunlight for solar energy systems. Economic considerations
alone do not constitute practical difficulties.”
Memorandum
Re: Zoning Text Amendment – Variances
14 September 2011
Replace – definition of:
VARIANCE
. The waiving by official action of the literal provisions of the zoning
ordinance in instances where their strict enforcement would cause undue hardship because
of physical circumstances unique to the individual property under consideration.
with:
VARIANCE.
“ A relaxation of the requirements of this Code where a property owner
proposes to use the subject property in a reasonable manner not permitted by the Code,
such deviation will be in harmony with the general purposes and intent of the Code,
consistent with the Comprehensive Plan, and will not alter the essential character of the
locality and where, owing to physical conditions unique to the individual property under
consideration and not the result of the actions of the property owner or previous property
owner, compliance with the Code would result in Practical Difficulties as defined herein.”
Section 1201.05
(Administration, Variances and Appeals)
Subd. 1.b. is amended to read:
“b. Variances from the literal provisions of this chapter in instances where their strict
enforcement would cause undue hardship Practical Difficulties because of
circumstances unique to the individual property under consideration and to grant
the variances only when it is demonstrated that the actions will be in keeping with
the spirit and intent of this chapter.”
Subd. 2.b.(3) is hereby amended to read:
“(3) The special conditions and circumstances do are not the result from the of actions
of the applicant by the property owner or previous property owner.”
Subd. 3.f.(2) is hereby amended to read:
“(2) The Council may impose any condition it considers necessary to protect the public
health, safety and welfare, provided such conditions are directly related to and bear
a rough proportionality to the impact of the variance.”
A public hearing has been scheduled for 20 September to consider the proposed amendments.
Cc: Brian Heck
Tim Keane
-2-
CITY OF SHOREWOOD
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO THE GRANTING OF VARIANCES
Section 1
. City Code Section 1201.02 is hereby amended as follows:
HARDSHIP
The definition of “” is deleted in its entirety.
The following definition is added:
PRACTICAL DIFFICULTIES
“. In connection with the request for a variance from
compliance with the requirements of this Code, where a property owner proposes to use the
subject property in a reasonable manner not permitted by the Code in which the plight of the
property owner giving rise to the variance request is due to circumstances unique to the
property not created by the property owner or a previous property owner and the variance, if
granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent
with the Comprehensive Plan and will not alter the essential character of the locality.
Practical difficulties include but are not limited to inadequate access to direct sunlight for
solar energy systems. Economic considerations alone do not constitute practical difficulties.”
VARIANCE
The definition of “” is amended to read:
VARIANCE.
“ A relaxation of the requirements of this Code where a property owner
proposes to use the subject property in a reasonable manner not permitted by the Code, such
deviation will be in harmony with the general purposes and intent of the Code, consistent
with the Comprehensive Plan, and will not alter the essential character of the locality and
where, owing to physical conditions unique to the individual property under consideration
and not the result of the actions of the property owner or previous property owner,
compliance with the Code would result in practical difficulties as defined herein.”
Section 2
.City CodeSection 1201.05 Subd. 1.b. is amended to read:
“b. Variances from the literal provisions of this chapter in instances where their strict
enforcement would cause practical difficulties because of circumstances unique to
the individual property under consideration and to grant the variances only when
it is demonstrated that the actions will be in keeping with the spirit and intent of
this chapter.”
Section 3
. City Code Section 1201.05 Subd. 2.b.(3) is hereby amended to read:
“(3) The special conditions and circumstances are not the result of actions by the
property owner or previous property owner.”
Section 4
. City Code Subd. 3.f.(2) is hereby amended to read:
“(2) The Council may impose any condition it considers necessary to protect the
public health, safety and welfare, provided such conditions are directly related to
and bear a rough proportionality to the impact of the variance.”
Section 5
. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of
November 2011.
CHRISTINE LIZÉE, MAYOR
ATTEST:
BRIAN HECK, CITY ADMINISTRATOR/CLERK
-2-
#10A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject:
Certification of Delinquent Utility Bills
Meeting Date: November 14, 2011
Prepared by: Bruce DeJong
Reviewed by: Brian Heck
Attachment: Resolution
Policy Consideration: Should the City certify delinquent unpaid water and sewer charges to the
County to be collected with the other taxes on the property?
Background: It is our standard practice to certify unpaid, delinquent utility bills to the County to be
levied against the respective properties for collection in one year. State statute and city code allow
delinquent municipal utilities to be certified to the County Auditor. Before the certification, delinquent
accounts and property owners have been notified by mail of the amount due and the fact that the
delinquency will be certified if not paid. The certification will include 8% interest on the unpaid
balance. The delinquent notices are in addition to reminder notices of unpaid balances mailed
throughout the year. This procedure is consistent with prior year actions.
The first attachment is a summary of all charges due by PID. Attachment A is water, B is sanitary sewer,
C is storm sewer, D is recycling, and E is dry hydrants. In accordance with the ordinance, property
owners have an opportunity to address the council to provide information or extenuating circumstances
and request the council remove the property from the certification list.
The total amount of delinquent accounts has increased greatly this year. The total amount outstanding
at this point is $43,616.78. In comparison to prior years, we certified $49,585 in 2010, $42,533 in 2009,
$33,680 in 2008, and $31,668 in 2007. Staff is not sure exactly what to attribute the difference to in the
past several years other than a worsening economy and the fact that our collection methods are gentler
than other creditors.
Financial or Budget Considerations:
Other collection methods are more expensive and time consuming. There is no guarantee that staff
phone calls or the use of collection agencies will generate the same amount of revenue as certification.
Options: The City Council may choose to:
1.Accept the staff recommendation and adopt the attached resolution.
2.Remove specific accounts from the certification roll and accept the remainder of the accounts
and adopt the amended resolution.
3.Do not adopt the resolution and direct staff to attempt collection through other methods.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
Staff will proceed with the certification process to meet Hennepin County and statutory deadlines.
Connection to Vision / Mission:
This process contributes to sound financial management through efficient collection of utility bills.
CITY OF SHOREWOOD, MINNESOTA
RESOLUTION NO. 11-
A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER
UTILITY CHARGES, WATER CHARGES, RECYCLING CHARGES, AND DRY
HYDRANT CHARGES, BE PLACED ON THE 2012 PROPERTY TAX ROLLS
WHEREAS
, Shorewood City Code provides for the City to place delinquent sanitary
sewer charges, water, storm water management utility charges, recycling charges, and dry
hydrant charges, on the succeeding year property tax rolls for the specified properties; and,
WHEREAS
, the City Council has scheduled the consideration of the certification of such
charges and has caused notice of such charges to be mailed to the affected property owners; and,
WHEREAS
, the Council has considered such charges at a regular council meeting and
has made a determination that delinquent sanitary sewer charges, water, storm water
management utility charges, recycling charges, and dry hydrant charges, exist for the specified
properties set forth in Exhibits A, B, C, D, and E attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
That the Hennepin County Special Assessment Division is hereby authorized to certify the
delinquent sanitary sewer, municipal water, storm water management, recycling, and dry hydrant
charges, on the 2011 property tax rolls, payable in 2011, at eight percent (8 %) interest per
annum, against the specified properties as set forth in Exhibits A, B, C, D, and E.
th
ADOPTED BY THE CITY COUNCIL
of the City of Shorewood this 14 day of
November, 2011.
_________________________________
ATTEST: Christine Lizée, Mayor
_________________________________
Brian Heck, City Administrator/Clerk
Delinquent Utility Bills Certified to 2012 Taxes
PIDSW BALWA BALRC BALST BALDH BALAMOUNT
1811918120181211812218123
34-117-23-23-0056 65.07 3.18 31.19 34.92 - 134.36
33-117-23-14-0041 389.59 275.51 - 200.57 - 865.67
34-117-23-24-0026 120.15 4.77 51.35 28.77 - 205.04
34-117-23-24-0033 365.38 202.85 88.68 49.65 - 706.56
32-117-23-44-0015 357.36 659.69 68.93 77.19 - 1,163.17
33-117-23-22-0014 813.33 457.66 150.77 88.49 - 1,510.25
33-117-23-22-0014 -
32-117-23-24-0024 378.88 1,136.79 73.07 106.51 - 1,695.25
32-117-23-43-0058 102.49 27.95 51.82 22.14 - 204.40
32-117-23-43-0037 396.64 3.87 75.50 87.99 - 564.00
31-117-23-43-0015 - - - 345.03 - 345.03
31-117-23-43-0021 - - - 345.03 - 345.03
36-117-23-41-0003 193.87 161.85 74.01 84.52 - 514.25
25-117-23-33-0080 261.15 223.54 50.36 28.22 - 563.27
25-117-23-33-0080
25-117-23-44-0056 412.75 660.63 75.66 89.15 - 1,238.19
25-117-23-44-0045 - - 94.80 62.68 - 157.48
25-117-23-44-0026 411.25 206.34 75.49 88.84 - 781.92
25-117-23-33-0044 27.73 6.36 76.16 90.71 - 200.96
25-117-23-44-0063 404.92 458.03 75.02 87.46 - 1,025.43
34-117-23-42-0067 1,502.89 940.61 - 468.91 - 2,912.41
36-117-23-11-0024 - - - 185.68 - 185.68
33-117-23-12-0017 410.45 - 75.49 88.84 - 574.78
29-117-23-44-0037 357.36 - 68.93 77.19 - 503.48
29-117-23-44-0030 407.79 - 75.58 115.62 - 598.99
34-117-23-44-0023 117.61 - 76.41 88.30 - 282.32
33-117-23-42-0001 413.28 - 75.66 88.17 - 577.11
30-117-23-32-0019 161.70 - 44.39 59.39 - 265.48
30-117-23-33-0003 408.10 - 75.67 88.21 - 571.98
30-117-23-31-0008 357.36 - 68.93 77.19 7.43 510.91
30-117-23-33-0026 412.04 - 75.67 89.16 - 576.87
33-117-23-32-0031 412.24 - 75.67 116.05 - 603.96
25-117-23-34-0025 412.24 - 75.67 116.05 - 603.96
25-117-23-33-0038 470.10 - 90.67 101.54 - 662.31
25-117-23-33-0036 403.81 - 75.02 61.27 - 540.10
26-117-23-11-0012 269.14 - 67.58 58.14 - 394.86
26-117-23-14-0053 - - - 308.20 - 308.20
26-117-23-14-0102 254.87 - 49.16 55.05 - 359.08
34-117-23-42-0019 470.10 - 90.67 101.54 - 662.31
34-117-23-31-0028 680.54 - 106.66 149.69 - 936.89
34-117-23-31-0028
34-117-23-31-0028
32-117-23-12-0008 412.37 - 75.59 115.94 - 603.90
32-117-23-12-0027 - - - 110.40 - 110.40
32-117-23-13-0021 - - 45.78 13.30 - 59.08
32-117-23-13-0008 413.08 - 76.16 90.71 - 579.95
31-117-23-14-0002 415.44 - 75.81 89.74 - 580.99
26-117-23-14-0025 - - 68.93 32.46 - 101.39
34-117-23-33-0037 357.36 - 68.93 77.19 - 503.48
34-117-23-33-0039 412.08 - 75.61 89.10 - 576.79
31-117-23-44-0005 6.93 - 51.49 57.28 - 115.70
35-117-23-34-0034 391.28 - 75.12 86.65 - 553.05
33-117-23-21-0038 206.76 - 62.21 35.35 - 304.32
33-117-23-21-0038
35-117-23-31-0051 460.90 - 90.67 101.54 - 653.11
35-117-23-43-0006 411.25 - 75.49 88.84 - 575.58
26-117-23-11-0050 412.27 - 75.67 89.16 - 577.10
34-117-23-23-0035 190.28 - 75.02 87.46 - 352.76
33-117-23-22-0007 161.70 - 31.19 34.92 - 227.81
34-117-23-34-0024 391.28 - 74.01 84.52 - 549.81
33-117-23-44-0042 404.92 - 75.02 87.46 - 567.40
36-117-23-31-0007 470.10 - 90.67 132.17 - 692.94
26-117-23-14-0011 412.27 - 75.67 89.16 - 577.10
25-117-23-44-0049 412.24 - 75.68 89.22 - 577.14
30-117-23-24-0004 404.92 - 75.02 87.46 7.84 575.24
30-117-23-42-0003 414.67 - 75.81 89.74 - 580.22
36-117-23-21-0009 407.79 - 75.36 88.17 - 571.32
33-117-23-14-0036 161.70 - 42.21 17.47 - 221.38
34-117-23-23-0049 410.11 - 75.67 89.16 - 574.94
33-117-23-24-0006 412.24 - 75.67 116.05 - 603.96
33-117-23-23-0039 357.36 - 68.93 77.19 - 503.48
32-117-23-14-0031 161.70 - 47.33 34.92 - 243.95
32-117-23-14-0024 411.84 - 75.66 89.27 - 576.77
32-117-23-14-0038 137.97 - 31.19 45.47 - 214.63
33-117-23-43-0005 192.08 - 37.04 41.50 - 270.62
34-117-23-23-0043 17.72 - 58.47 32.75 - 108.94
32-117-23-11-0025 411.25 - 75.49 115.62 - 602.36
33-117-23-21-0041 652.64 - 97.25 70.52 - 820.41
33-117-23-21-0041
33-117-23-21-0041
33-117-23-22-0020 412.27 - 75.67 89.16 - 577.10
32-117-23-14-0017 410.18 - 75.59 89.07 - 574.84
32-117-23-11-0002 357.36 - 68.93 77.19 - 503.48
32-117-23-13-0019 161.70 - 31.19 45.47 - 238.36
33-117-23-44-0032 412.24 - 75.67 116.05 - 603.96
33-117-23-43-0003 254.87 - 49.16 55.05 - 359.08
25,527.30 5,429.63 5,082.67 7,561.91 15.27 43,616.78
MUNIC CODE 26LEVY NO 18120
EXHIBIT AWATER
PID NO.ACCOUNT NO.TOTAL PRINCIPAL
25-117-23-33-004404-780002-00 6.36
25-117-23-33-008004-270203-02 223.54
25-117-23-33-008004-270203-03 -
25-117-23-44-002604-710111-00 206.34
25-117-23-44-005604-705010-00 660.63
25-117-23-44-006304-886005-00 458.03
32-117-23-24-002403-507001-00 1,136.79
32-117-23-43-003703-600210-00 3.87
32-117-23-43-005803-600207-00 27.95
32-117-23-44-001503-085013-00 659.69
33-117-23-14-004102-775206-01 275.51
33-117-23-22-001403-260008-02 457.66
33-117-23-22-001403-260009-02
34-117-23-23-005602-775203-01 3.18
34-117-23-24-002602-945011-00 4.77
34-117-23-24-003302-945014-01 202.85
34-117-23-42-006705-795201-00 940.61
36-117-23-41-000304-190103-00 161.85
TOTALLEVY NO 18120$ 5,429.63
MUNIC CODE 26LEVY NO 18119
EXHIBIT BSEWER
PID NO.ACCOUNT NO.TOTAL PRINCIPAL
25-117-23-33-003610-270224-01 403.81
25-117-23-33-003810-270222-00 470.10
25-117-23-33-004404-780002-00 27.73
25-117-23-33-008004-270203-02 261.15
25-117-23-33-008004-270203-03 -
25-117-23-34-002510-270213-00 412.24
25-117-23-44-002604-710111-00 411.25
25-117-23-44-004910-705001-00 412.24
25-117-23-44-005604-705010-00 412.75
25-117-23-44-006304-886005-00 404.92
26-117-23-11-001210-280004-00 269.14
26-117-23-11-005010-550204-00 412.27
26-117-23-14-001110-685010-00 412.27
26-117-23-14-010210-290206-00 254.87
29-117-23-44-003010-045224-00 407.79
29-117-23-44-003710-045210-01 357.36
30-117-23-24-000410-715004-00 404.92
30-117-23-31-000810-250008-00 357.36
30-117-23-32-001910-245019-00 161.70
30-117-23-33-000310-250006-00 408.10
30-117-23-33-002610-255002-00 412.04
30-117-23-42-000310-725013-00 414.67
31-117-23-14-000210-365032-00 415.44
31-117-23-44-000510-430005-00 6.93
32-117-23-11-000210-930217-00 357.36
32-117-23-11-002510-880001-00 411.25
32-117-23-12-000810-330002-00 412.37
32-117-23-13-000810-330025-00 413.08
32-117-23-13-001910-930233-00 161.70
32-117-23-14-001710-930205-00 410.18
32-117-23-14-002410-775284-00 411.84
32-117-23-14-003110-775273-00 161.70
32-117-23-14-003810-775285-00 137.97
32-117-23-24-002403-507001-00 378.88
32-117-23-43-003703-600210-00 396.64
32-117-23-43-005803-600207-00 102.49
32-117-23-44-001503-085013-00 357.36
33-117-23-12-001710-015205-00 410.45
33-117-23-14-003610-745017-01 161.70
33-117-23-14-004102-775206-01 389.59
33-117-23-21-003810-470001-00 206.76
33-117-23-21-003810-470001-01 -
33-117-23-21-004110-905001-00 652.64
33-117-23-21-004110-905001-98 -
33-117-23-21-004110-905002-98 -
33-117-23-22-000710-585206-00 161.70
33-117-23-22-001403-260008-02 813.33
33-117-23-22-001403-260009-02
33-117-23-22-002010-905010-00 412.27
33-117-23-23-003910-775260-00 357.36
33-117-23-24-000610-775244-00 412.24
33-117-23-32-003110-260032-00 412.24
33-117-23-42-000110-170004-00 413.28
33-117-23-43-000310-940210-00 254.87
33-117-23-43-000510-863002-01 192.08
33-117-23-44-003210-940202-00 412.24
33-117-23-44-004210-660004-00 404.92
34-117-23-23-003510-555006-00 190.28
34-117-23-23-004310-872012-00 17.72
34-117-23-23-004910-775205-00 410.11
34-117-23-23-005602-775203-01 65.07
34-117-23-24-002602-945011-00 120.15
34-117-23-24-003302-945014-01 365.38
34-117-23-31-002810-325005-00 680.54
34-117-23-31-002810-325005-01 -
34-117-23-31-002810-325005-03 -
34-117-23-33-003710-425003-00 357.36
34-117-23-33-003910-425007-00 412.08
34-117-23-34-002410-607002-01 391.28
34-117-23-42-001910-300006-00 470.10
34-117-23-42-006705-795201-00 1,502.89
34-117-23-44-002310-100001-00 117.61
35-117-23-31-005110-545006-00 460.90
35-117-23-34-003410-450204-00 391.28
35-117-23-43-000610-545023-00 411.25
36-117-23-21-000910-740005-00 407.79
36-117-23-31-000710-675011-00 470.10
36-117-23-41-000304-190103-00 193.87
TOTALLEVY NO 18119$ 25,527.30
MUNIC CODE 26LEVY NO 18122
EXHIBIT CSTORMWATER MANAGEMENT
PID NO.ACCOUNT NO.TOTAL PRINCIPAL
25-117-23-33-003610-270224-01 61.27
25-117-23-33-003810-270222-00 101.54
25-117-23-33-004404-780002-00 90.71
25-117-23-33-008004-270203-02 28.22
25-117-23-33-008004-270203-03 -
25-117-23-34-002510-270213-00 116.05
25-117-23-44-002604-710111-00 88.84
25-117-23-44-004504-705014-00 62.68
25-117-23-44-004910-705001-00 89.22
25-117-23-44-005604-705010-00 89.15
25-117-23-44-006304-886005-00 87.46
26-117-23-11-001210-280004-00 58.14
26-117-23-11-005010-550204-00 89.16
26-117-23-14-001110-685010-00 89.16
26-117-23-14-002510-385206-00 32.46
26-117-23-14-005310-285013-00 308.20
26-117-23-14-010210-290206-00 55.05
29-117-23-44-003010-045224-00 115.62
29-117-23-44-003710-045210-01 77.19
30-117-23-24-000410-715004-00 87.46
30-117-23-31-000810-250008-00 77.19
30-117-23-32-001910-245019-00 59.39
30-117-23-33-000310-250006-00 88.21
30-117-23-33-002610-255002-00 89.16
30-117-23-42-000310-725013-00 89.74
31-117-23-14-000210-365032-00 89.74
31-117-23-43-001503-893203-00 345.03
31-117-23-43-002103-893210-00 345.03
31-117-23-44-000510-430005-00 57.28
32-117-23-11-000210-930217-00 77.19
32-117-23-11-002510-880001-00 115.62
32-117-23-12-000810-330002-00 115.94
32-117-23-12-002710-330009-00 110.40
32-117-23-13-000810-330025-00 90.71
32-117-23-13-001910-930233-00 45.47
32-117-23-13-002110-330014-01 13.30
32-117-23-14-001710-930205-00 89.07
32-117-23-14-002410-775284-00 89.27
32-117-23-14-003110-775273-00 34.92
32-117-23-14-003810-775285-00 45.47
32-117-23-24-002403-507001-00 106.51
32-117-23-43-003703-600210-00 87.99
32-117-23-43-005803-600207-00 22.14
32-117-23-44-001503-085013-00 77.19
33-117-23-12-001710-015205-00 88.84
33-117-23-14-003610-745017-01 17.47
33-117-23-14-004102-775206-01 200.57
33-117-23-21-003810-470001-00 35.35
33-117-23-21-003810-470001-01 -
33-117-23-21-004110-905001-00 70.52
33-117-23-21-004110-905001-98 -
33-117-23-21-004110-905002-98 -
33-117-23-22-000710-585206-00 34.92
33-117-23-22-001403-260008-02 88.49
33-117-23-22-001403-260009-02
33-117-23-22-002010-905010-00 89.16
33-117-23-23-003910-775260-00 77.19
33-117-23-24-000610-775244-00 116.05
33-117-23-32-003110-260032-00 116.05
33-117-23-42-000110-170004-00 88.17
33-117-23-43-000310-940210-00 55.05
33-117-23-43-000510-863002-01 41.50
33-117-23-44-003210-940202-00 116.05
33-117-23-44-004210-660004-00 87.46
34-117-23-23-003510-555006-00 87.46
34-117-23-23-004310-872012-00 32.75
34-117-23-23-004910-775205-00 89.16
34-117-23-23-005602-775203-01 34.92
34-117-23-24-002602-945011-00 28.77
34-117-23-24-003302-945014-01 49.65
34-117-23-31-002810-325005-00 149.69
34-117-23-31-002810-325005-01 -
34-117-23-31-002810-325005-03 -
34-117-23-33-003710-425003-00 77.19
34-117-23-33-003910-425007-00 89.10
34-117-23-34-002410-607002-01 84.52
34-117-23-42-001910-300006-00 101.54
34-117-23-42-006705-795201-00 468.91
34-117-23-44-002310-100001-00 88.30
35-117-23-31-005110-545006-00 101.54
35-117-23-34-003410-450204-00 86.65
35-117-23-43-000610-545023-00 88.84
36-117-23-11-002409-254301-00 185.68
36-117-23-21-000910-740005-00 88.17
36-117-23-31-000710-675011-00 132.17
36-117-23-41-000304-190103-00 84.52
TOTALLEVY NO 18122$ 7,561.91
MUNIC CODE 26LEVY NO 18121
EXHIBIT DRECYCLING
PID NO.ACCOUNT NO.TOTAL PRINCIPAL
25-117-23-33-003610-270224-01 75.02
25-117-23-33-003810-270222-00 90.67
25-117-23-33-004404-780002-00 76.16
25-117-23-33-008004-270203-02 50.36
25-117-23-33-008004-270203-03 -
25-117-23-34-002510-270213-00 75.67
25-117-23-44-002604-710111-00 75.49
25-117-23-44-004504-705014-00 94.80
25-117-23-44-004910-705001-00 75.68
25-117-23-44-005604-705010-00 75.66
25-117-23-44-006304-886005-00 75.02
26-117-23-11-001210-280004-00 67.58
26-117-23-11-005010-550204-00 75.67
26-117-23-14-001110-685010-00 75.67
26-117-23-14-002510-385206-00 68.93
26-117-23-14-010210-290206-00 49.16
29-117-23-44-003010-045224-00 75.58
29-117-23-44-003710-045210-01 68.93
30-117-23-24-000410-715004-00 75.02
30-117-23-31-000810-250008-00 68.93
30-117-23-32-001910-245019-00 44.39
30-117-23-33-000310-250006-00 75.67
30-117-23-33-002610-255002-00 75.67
30-117-23-42-000310-725013-00 75.81
31-117-23-14-000210-365032-00 75.81
31-117-23-44-000510-430005-00 51.49
32-117-23-11-000210-930217-00 68.93
32-117-23-11-002510-880001-00 75.49
32-117-23-12-000810-330002-00 75.59
32-117-23-13-000810-330025-00 76.16
32-117-23-13-001910-930233-00 31.19
32-117-23-13-002110-330014-01 45.78
32-117-23-14-001710-930205-00 75.59
32-117-23-14-002410-775284-00 75.66
32-117-23-14-003110-775273-00 47.33
32-117-23-14-003810-775285-00 31.19
32-117-23-24-002403-507001-00 73.07
32-117-23-43-003703-600210-00 75.50
32-117-23-43-005803-600207-00 51.82
32-117-23-44-001503-085013-00 68.93
33-117-23-12-001710-015205-00 75.49
33-117-23-14-003610-745017-01 42.21
33-117-23-21-003810-470001-00 62.21
33-117-23-21-003810-470001-01 -
33-117-23-21-004110-905001-00 97.25
33-117-23-21-004110-905001-98 -
33-117-23-21-004110-905002-98 -
33-117-23-22-000710-585206-00 31.19
33-117-23-22-001403-260008-02 150.77
33-117-23-22-001403-260009-02
33-117-23-22-002010-905010-00 75.67
33-117-23-23-003910-775260-00 68.93
33-117-23-24-000610-775244-00 75.67
33-117-23-32-003110-260032-00 75.67
33-117-23-42-000110-170004-00 75.66
33-117-23-43-000310-940210-00 49.16
33-117-23-43-000510-863002-01 37.04
33-117-23-44-003210-940202-00 75.67
33-117-23-44-004210-660004-00 75.02
34-117-23-23-003510-555006-00 75.02
34-117-23-23-004310-872012-00 58.47
34-117-23-23-004910-775205-00 75.67
34-117-23-23-005602-775203-01 31.19
34-117-23-24-002602-945011-00 51.35
34-117-23-24-003302-945014-01 88.68
34-117-23-31-002810-325005-00 106.66
34-117-23-31-002810-325005-01 -
34-117-23-31-002810-325005-03 -
34-117-23-33-003710-425003-00 68.93
34-117-23-33-003910-425007-00 75.61
34-117-23-34-002410-607002-01 74.01
34-117-23-42-001910-300006-00 90.67
34-117-23-44-002310-100001-00 76.41
35-117-23-31-005110-545006-00 90.67
35-117-23-34-003410-450204-00 75.12
35-117-23-43-000610-545023-00 75.49
36-117-23-21-000910-740005-00 75.36
36-117-23-31-000710-675011-00 90.67
36-117-23-41-000304-190103-00 74.01
TOTALLEVY NO 18121$ 5,082.67
MUNIC CODE 26LEVY NO 18123
EXHIBIT EDRY HYDRANTS
PID NO.ACCOUNT NO.TOTAL PRINCIPAL
30-117-23-24-000410-715004-00 7.84
30-117-23-31-000810-250008-00 7.43
TOTALLEVY NO 18123$ 15.27
More unpaid utility bills reflect stress
Article by: MARY JANE SMETANKA , Star Tribune
Updated: October 23, 2011 - 7:53 AM
Many western suburbs see more residents falling behind.
Each fall, cities in the west metro collect lists of all the properties that haven't paid their water and
sewer bills. This fall, that routine procedure has become a mirror for the increasing desperation of
residents who are stuck in an economic tailspin.
The amount owed by property owners for delinquent utilities rose in St. Louis Park, Richfield,
Hopkins and Golden Valley. Property owners receive a warning and have a grace period to pay up.
If they don't, the debt will be added to their property taxes, along with a penalty. The exception was
Edina, which saw fewer delinquencies.
In St. Louis Park, 1,631 letters were sent out to people who owed a total of nearly $835,000.
"I think it's a difficult time for residents in St. Louis Park and the state and in the whole country," said
Steven Heintz, the city's finance supervisor.
"We get calls from people who lost their jobs. I just spoke to a resident who had been in a car
accident many years ago and the medical bills are piling up."
Why the amounts are going up -- or down -- is unique to each city. John Wallin, finance director for
the city of Edina, said he isn't sure why the city sent out fewer notices this year. In 2010, 704
properties were cited for owing nearly $504,000 in utility fees; this year that fell to 676 properties
owing $315,000.
"Maybe some of the stresses have been working themselves out over the last couple of years,"
Wallin said.
Foreclosures may play role
Though the number of warning letters sent by St. Louis Park has dropped since 2008, the amount
owed has gone up by nearly $160,000. That could be linked to increased utility rates, Heintz said.
But it may also be linked to foreclosures.
"Most people who are foreclosing on a home would not be too concerned about a utility bill if they
can't pay their mortgage," Heintz said. Richfield's finance manager Chris Regis agreed.
"For two or three years, Richfield has had a high number of foreclosures.," he said. "And the
economy plays a part, with lost jobs, pay cuts and pay freezes."
Richfield sent letters to 981 properties that owe nearly $420,000 in water and sewer costs. In 2009,
the city sent 959 letters to try to recoup nearly $322,000.
"Everybody is hoping the economy gets better," Regis said. "It's no fun to do this to people."
In Hopkins, possible delinquent utility assessments increased from about $73,000 in 2007 to nearly
$112,000 this year. City Finance Director Christine Harkess said the amounts owed by individual
property owners are significant, with many more than $1,000 and one over $8,000.
While Harkess doesn't take most of the pleading calls that come into the office, she said the reasons
for nonpayment are basic. "People are having a hard time just meeting their daily expenses."
Hopkins tries to work with people who want to pay off their debt in nontraditional ways. Some
residents have asked if they can pay a little bit each week or with each paycheck.
"We say, 'Absolutely,'" Harkess said. "We try to be compassionate about this."
Some wait to pay in bulk
The unpaid utility charges seen by city councils this fall will shrink by November, as some people
hurry to pay and beat city deadlines before the charges and penalties are added to property taxes.
Harkess and Wallin said a few property owners actually choose to let their utilities go delinquent,
preferring to pay utility fees all at once at the end of the year or as part of their property taxes.
Very few cities cut off water service to occupied properties even if residents haven't paid their bills.
Doing so could create a health hazard and damage a property. Besides, cities know that they will
eventually be paid because the cost can be tacked on to the property tax.
"It's difficult, because you certainly empathize with them," St. Louis Park's Heintz said. "Our job is to
try to balance their needs with what the city needs. ... We have to make sure we have the resources
to keep our rates reasonable for everyone."
http://www.startribune.com/local/west/132387203.html
#10B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Semi-Annual Town Hall Meeting
Meeting Date: Monday, November 14, 2011
Prepared by: Brian Heck, City Administrator
Reviewed by:
Attachments: None
Policy Consideration: Should the city council hold two town hall type meetings each year?
Background: Council member Hotvet contacted me and asked how I felt about holding a town hall type
meeting and if the city ever held one. I believe there can be value in holding such a meeting and that I
don’t believe the City has ever held one.
She then indicated a desire to have the city hold two town hall meeting per year. The meeting might be
based partly on the outcome and responses contained in the pending survey, but she also wanted them
to be open.
As stated, I believe a town hall type meeting can be informative. I also believe there needs to be some
structure associated with such a meeting. The biggest obstacle to such a meeting is getting residents
excited and enthusiastic about such an event and having them show up and participate.
Financial or Budget Considerations: The budget does not contemplate potential expenses for this type
of meeting. I would anticipate any expenses to be relatively minor and associated with refreshments
Options: following discussion of the item, the council may wish to hold a couple of town hall meetings
or not.
Recommendation / Action Requested: Staff has no position on this issue.
Next Steps and Timelines: Should the council decide to hold a town hall meeting or two, staff will begin
to make arrangements to secure the necessary room and begin publicity.
Connection to Vision / Mission:
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
#10C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Lake Minnetonka Conservation District Appointment
Meeting Date: November 14, 2011
Prepared by: Jean Panchyshyn, Deputy Clerk
Reviewed by: Brian Heck, City Administrator
Attachments: Resolution
Background: Earlier this evening, Council held a special meeting to interview candidates for
consideration of appointment to the Lake Minnetonka Conservation District board to fill the seat being
held on an interim basis by Councilmember Siakel.
The two candidates scheduled for interview were Mark Sylvester and David Cross.
The Lake Minnetonka Conservation District is requesting the term of the appointment run for two years.
The appointment would run through January 31, 2014.
Action Options:
1) Adopt a resolution appointing one of the candidates interviewed earlier this evening, and setting the
length of the term of the appointment.
2) Do not appoint one of the candidates interviewed and direct staff to continue to continue to
advertise for the Lake Minnetonka Conservation District board.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy
environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 11-____
A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE
MINNETONKA CONSERVATION DISTRICT
WHEREAS,
the City of Shorewood appoints a resident to represent the City on
the Lake Minnetonka Conservation District; and
WHEREAS,
the City advertised this volunteer board opportunity for appointment
to said Board;
NOW, THEREFORE BE IT RESOLVED
by the City Council of the City of
Shorewood to hereby appoint ________________________ to represent the City of
Shorewood on the Lake Minnetonka Conservation District effective November 15, 2011
through January 31, 2014.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of November, 2011.
_________________________________
ATTEST: Christine Lizée, Mayor
_________________________________
Brian Heck, City Administrator/Clerk
#11A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Draft Ordinance on Domestic Partnership Registry
Meeting Date: Monday, November 14, 2011
Prepared by: Brian Heck, City Administrator
Reviewed by: Jean Panchyshyn, Deputy City Clerk; Tim Keane, City Attorney
Attachments: Draft Ordinance and various document samples such as application, termination,
certificate, etc.
Policy Consideration: Should the City of Shorewood adopt an ordinance providing a domestic partner
registry?
Background: The City Council directed staff to develop a draft ordinance creating a Domestic Partner
Registry at the October 10, 2011 meeting and reviewed the draft ordinance developed by staff at the
October 24 meeting. The Council directed staff to make some minor changes to the draft, to provide
examples of documents, and to outline how the process will work. Staff made changes to the draft
ordinance as directed. Attached to this memorandum are sample documents for the certification.
Outlined below is the process staff will use to handle an application.
When a couple comes to city hall to request a certification of their domestic partner relationships, staff
will provide the couple with an application for them to complete. Upon presenting a completed
application and the necessary fee, staff will review the information to ensure it complies with the
conditions of the ordinance, specifically 110.02, subdivision 1. If the application is complete and fees
paid, staff will issue the couple a certificate similar to the one attached to this memorandum. A similar
process will be used by staff for the termination of a relationship, except staff will also send a letter to
the other partner that the registration has been terminated.
Options:
1)Approve the Ordinance amending Title 100, Chapter 110 as provided;
2)Revise and approve the Ordinance amending Title 100, Chapter 110;
3)Do nothing.
Recommendation: staff recommends Council review the draft, make any additional revisions, and take
action to approve or deny adoption of the ordinance.
Next Steps and Timelines: Should the council approve the ordinance, staff will proceed with publication
of the ordinance as required.
Connection to Vision / Mission:
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 100 OF THE SHOREWOOD CITY CODE
CONCERNING DOMESTIC PARTNERS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD ORDAINS:
Section 1.
Title 100 of the Shorewood City Code is amended by adding Chapter 110
to provide as follows:
“CHAPTER 110
DOMESTIC PARTNERSHIP REGISTRY
Section
110.01 Purpose
110.02 Definitions
110.03 Registration of Domestic Partnerships
110.04 Amendments to Domestic Partnership Registration
110.05 Termination of Domestic Partnership
110.06 Fees
110.01 PURPOSE
The City of Shorewood authorizes and establishes a voluntary program for the
registration of domestic partners. The domestic partnership registry is a means by which
unmarried, committed couples who reside in Shorewood and who share a life and home together
may document their relationship, thus enabling the registered couple access to employment
benefits, hospital or health care visitation, and other such voluntary benefits.
The adoption of this ordinance does not amend, create, or establish rights, privileges, or
responsibilities that are available to married couples under state or federal law.
110.02 DEFINITIONS
The following words and phrases used in this ordinance have the meanings given in this
Section.
Subd. 1. Domestic Partner. Means any two adults meeting all of the following:
1.Are not related by blood closer than permitted under marriage laws of the state of
Minnesota.
2.Are not married.
3.Are competent to enter a contract.
4.Are jointly responsible to each other for the necessities of life.
5.Are committed to one another to the same extent as married persons are to each other.
6.Do not have any other domestic partner(s)
7.Are both at least 18 years of age.
8.Reside in the City of Shorewood.
Subd. 2. Domestic Partnership. The term “Domestic Partnership” shall include, upon production
of a valid government-issued documentation, the following:
1.Any persons currently registered as domestic partners with a governmental body pursuant
to state, local, or other law authorizing such registrations, or
2.Marriages that would be legally recognized as a contract of lawful marriage in another
local, state, or foreign jurisdiction, but for the operation of Minnesota law such as a same
sex marriage in states that recognize and/or authorize them by law.
110.03 REGISTRATION OF DOMESTIC PARTNERSHIPS
Subd. 1. The City Clerk shall make available upon request, a city application for the
registration of a domestic partnership.
Subd. 2. The City Clerk shall accept an application to register as domestic partners from
persons who state in the application they meet the definition of domestic partner as
set out in Section 110.02, subd. 1.
Subd. 3 The City Clerk shall provide each domestic partner, following submission of the
application and upon payment of all required fees, a registration certificate that may
be used as evidence of the existence of a domestic partner relationship.
Subd. 4. The City Clerk shall keep a record of each domestic partner certification as well as
amendments thereto and termination thereof. Records pertaining to the registration
shall be maintained in accordance with the provisions of the Minnesota Government
Data Practice Act. Such certificates may be used as evidence of the existence or
termination of a domestic partnership.
110.04 AMENDMENTS
The City Clerk will accept amendments for filing from persons who have domestic
partnership registrations on file with the city, except for amendments that change the identity of
the partners, unless said amendment is accompanied by documentation from the district court
approving a legal name change.
110.05 TERMINATION OF DOMESTIC PARTNERSHIP
The Domestic Partnership registration shall terminate when the earlier of the following
occurs:
a.One of the partners dies; or
b.Forty-five days after one partner: a) sends the other partner written notice, on a form
provided by the city, that he or she is terminating the partnership; and b) files the
notice of termination with an affidavit of service of the notice on the other person,
with the City Clerk. The City Clerk shall send notice to the other partner that the
partnership registry has been terminated.
110.06 FEES
The fee to apply, amend, terminate, or obtain certified copies of the registration are
established in accordance with Chapter 1301 of the Shorewood City Code.”
Section 2
. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of
November, 2011.
___________________________
ATTEST: Christine Lizée, Mayor
____________________________________
Brian Heck, City Administrator/Clerk
APPLICATION FOR REGISTRATION AS A
DOMESTIC PARTNERSHIP
CITY OF
City Code Chapter 110
$25 Registration Fee payable to City of Shorewood
SHOREWOOD
5755 COUNTRY CLUB ROAD
Office Use Only
SHOREWOOD, MINNESOTA 55331
Registration No:_____________________________
(952) 960-7900
Date Effective: ____________________________
Applications will be processed within five business days of date
Receipt No._______________________________
received.
We hereby apply to register as Domestic Partners on this Date:_______________________________
Each applicant initial:
_____ _____ I have read and understand the terms and conditions of Chapter 110 of the Shorewood
City Code attached to this application.
_____ _____ I affirm that we meet the definition of Domestic Partner and are eligible for registration.
APPLICANT INFORMATION
______________________________________ _____________________________________
PRINT FIRST, MI, LAST NAME PRINT FIRST, MI, LAST NAME
_____________________________________________ ____________________________________________
SIGNATURE SIGNATURE
__________________________________________________________________________________________________
PRINT ADDRESS OF RESIDENCE IN SHOREWOOD, MN ZIP CODE
Upon approval, one certificate will be issued to each applicant; additional certificates are available for $2 each
We request ____ additional certificate(s) at a cost of $2.00 each (applicant must add additional fee to payment)
The Information collected on this document is public and will be available to whoever requests this data
pursuant to the Minnesota Data Practices Act.
STATE OF MINNESOTA
COUNTY OF ___________________
The foregoing instrument was acknowledged and signed before me this ______ day of _____________, 20____,
By ______________________________________ and ____________________________________
Applicant Name Applicant Name
_________________________________________
Notary Public
My Commission Expires on___________________
(Notary Stamp)
AMENDMENT TO REGISTRATION AS A
DOMESTIC PARTNERSHIP
CITY OF
City Code Chapter 110
$25 Amendment Fee payable to City of Shorewood
SHOREWOOD
5755 COUNTRY CLUB ROAD
Office Use Only
SHOREWOOD, MINNESOTA 55331
Date Received:_____________________________
(952) 960-7900
Date Effective: ____________________________
Receipt No._______________________________
Date:______________________________
APPLICANT INFORMATION
______________________________________ _____________________________________
PRINT FIRST, MI, LAST NAME PRINT FIRST, MI, LAST NAME
__________________________________________________________________________________________________
PRINT ADDRESS OF RESIDENCE IN SHOREWOOD, MN ZIP CODE
Telephone Number
__________________________________________
Reason for Amendment of Registration
:______________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
I hereby certify all the information given is complete and accurate.
________________________________________ ______________________________________
Applicant’s Signature Applicant’s Signature
The Information collected on this document is public and will be available to whoever requests this data
pursuant to the Minnesota Data Practices Act.
STATE OF MINNESOTA
COUNTY OF ___________________
The foregoing instrument was acknowledged and signed before me this ______ day of _____________, 20____,
By ______________________________________ and ____________________________________
Applicant Name Applicant Name
_________________________________________
Notary Public
My Commission Expires on___________________
(Notary Stamp)
TERMINATION OF A
DOMESTIC PARTNERSHIP
CITY OF
City Code Chapter 110
$25 Termination Fee payable to City of Shorewood
SHOREWOOD
5755 COUNTRY CLUB ROAD
Office Use Only
SHOREWOOD, MINNESOTA 55331
Date Received:_____________________________
(952) 960-7900
Date Effective: ____________________________
Receipt No._______________________________
I request termination of my domestic partnership. This form must be signed in front of a Notary.
______
I have read and understand the terms and conditions of Chapter 110 of the Shorewood City
Code attached to this termination.
______
I affirm that I have met the termination requirements of Domestic Partners.
______
I have attached the affidavit of service of notice required by Section 110.05 of the City Code.
TERMINATION REQUESTED BY:__________________________________________________
PRINT FIRST, MI, LAST NAME
__________________________________________________________________________________________________
PRINT ADDRESS (STREET, CITY, STATE, ZIP CODE)
DOMESTIC PARTNER:____________________________________________________________
PRINT FIRST, MI, LAST NAME
__________________________________________________________________________________________________
PRINT ADDRESS (STREET, CITY, STATE, ZIP CODE)
I hereby certify all the information given is complete and accurate.
________________________________________ ______________________________________
Applicant’s Signature Date
The Information collected on this document is public and will be available to whoever requests this data
pursuant to the Minnesota Data Practices Act.
STATE OF MINNESOTA
COUNTY OF ___________________
The foregoing instrument was acknowledged and signed before me this ______ day of _____________, 20____,
By ______________________________________
Applicant Name
_________________________________________
Notary Public
My Commission Expires on___________________
(Notary Stamp)
CITY OF
AFFIDAVIT OF SERVICE BY MAIL
SHOREWOOD
5755 COUNTRY CLUB ROAD
SHOREWOOD, MINNESOTA 55331
(952) 960-7900
TERMINATION REQUESTED BY:__________________________________________________
PRINT FIRST, MI, LAST NAME
DOMESTIC PARTNER:____________________________________________________________
PRINT FIRST, MI, LAST NAME
I, __________________________________________________, BEING SWORN, STATE THAT I AM AT LEAST 18
YEARS OF AGE HAVING BEEN BORN ON ____________________________________________ AND THAT ON
(today’s date)_____________________________________________, I SERVED A COPY OF THE TERMINATION OF A
DOMESTIC PARTNERSHIP UPON (Name of Domestic Partner):____________________________________________
BY PLACING IN AN ENVELOPE A TRUE AND CORRECT COPY OF THE DOCUMENT ADDRESSED TO
(Name)_____________________________________ (at address):_______________________________________________
IN THE CITY OF _____________________________, STATE OF __________________________, ZIP CODE_________
AND DEPOSITING THE ENVELOPE, WITH SUFFICIENT POSTAGE, IN THE UNITED STATES MAIL AT THE POST
OFFICE LOCATED IN THE CITY OF _____________________________, STATE OF ____________________________.
I hereby certify all the information given is complete and accurate. (This must be signed in front of a Notary)
________________________________________ ______________________________________
Applicant’s Signature Date
STATE OF MINNESOTA
COUNTY OF ___________________
The foregoing instrument was acknowledged and signed before me this ______ day of _____________, 20____,
By ______________________________________
Applicant Name
_________________________________________
Notary Public
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#10B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Dog License
Meeting Date: Monday, November 14, 2011
Prepared by: Brian Heck, City Administrator
Reviewed by: Jean Panchyshyn, Deputy City Clerk
Attachments: Amended dog license ordinance
Policy Consideration: Review the amended dog licensing ordinance
Background: The council referred the dog licensing review to the planning commission to consider the
issue of number of dogs per home and fee associated with the licensing of dogs.
The planning commission reviewed the dog licensing ordinance at their September 20 meeting. The
Planning Commission felt that obtaining a license should be low cost or free and potentially continue for
as long as the rabies vaccination, up to three years. They also indicated a desire to impose a hefty fine
for those who do not obtain a license as the incentive to get the dog licensed.
As for number of dogs, the Commission felt that limiting the number of dogs per household to four (4) is
reasonable.
The commission was comfortable referencing state statute regarding dangerous dogs and including
provisions regarding the handling of potentially dangerous dogs.
Staff reviewed the ordinance and amended the language in accordance with planning commission
comments.
Staff recommends keeping the current license fee at $10.00 per year, and extending the life of the
license to two years, making the fee for two years $20.00. Staff also recommends eliminating the $5.00
late fee for licenses not purchased by January 31.
There are a couple of issues yet to fully work out regarding the ordinance and one has to do with the
penalty for unlicensed dogs. The planning commission recommendation is to make licensing as easy as
possible and applya hefty penalty for keeping an unlicensed dog. The current penalty for an at-large dog
is $25.00 for the first offense and $50.00 for the second. Staff recommends an unlicensed dog at-large
would cost the owner $25.00 for the at-large fee + $40.00 to license the unlicensed dog (this is double of
the $20 license fee) for a total fee of $65.00. This does not include the boarding fees assessed by the
SLMPD.
The question is if the $65.00 fee for being at-large and unlicensed is “hefty” enough.
Staff is also working on appeal language for dogs designated as potentially dangerous.
Financial or Budget Considerations: Staff does not believe there will be a change in the budget related
to this item. The dog license revenue collected would remain the same, as we currently charge $10 for a
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
one-year license. The expense of purchasing dog tags would be reduced slightly as tags would be
purchased every two years, rather than every year.
Recommendation / Action Requested: Staff recommends the Council review the proposed
amendments and provide feedback. Staff will make necessary changes as provided by council and send
the proposed amendment to the SLMPD for review. Staff will then bring the amendments back to the
November 28 meeting in proper form for adoption.
Next Steps and Timelines: Staff will prepare ordinance amendments in proper form for council action at
the November 28 Council meeting.
CHAPTER 701
DOGS
Section
701.01 Purpose
701.02 Definitions
701.03 Enforcement
701.04 Registration and licensing requirements
701.05 Limitations on number of dogs
701.06 Running at large
701.07 Dog nuisances
701.08 Confinement of certain dogs
701.09 Impoundment and redemption procedures
701.10 Rabies control
701.11 Destruction of certain dogs
701.12 Prohibited acts and conditions
701.13 Violation
701.01 PURPOSE.
The City Council recognizes and reaffirms that residents have rights to own, harbor, and keep dogs,
and that from time to time these animals behave in ways that constitute a public nuisance. The Council
finds that the present city code addresses the actions of dogs or their owners as criminal in nature, and
enforcement sanctions have not been fully effective in abating these nuisances. The purpose of this
chapter is to state clearly that the public nuisances caused by dogs may also be subject to civil legal
procedures to abate nuisance conditions that exist on a property. It also addresses the conditions under
which noises by the animals may be considered untimely.
(Ord. 398, passed 9-8-2003)
701.02 DEFINITIONS
.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ANIMAL ENFORCEMENT OFFICER. Any law enforcement officer of the city and the person,
firm or corporation charged by the Council with enforcement of this chapter.
AT LARGE. A dog is at large when it is off the property of its owner and not under restraint.
DOG WASTE DEVICE. The person having custody of the dog must have in their possession a
device for removal of dog feces when in or on city parks, trails, sidewalks, public rights-of-way, and
the Southwest Regional LRT Trail.
DANGEROUS DOG. A dangerous dog is defined as aA dog that:
a.Without provocation, inflicted substantial bodily harm on a human being on public
or private property, or
b.Has killed a domestic animal without provocation while off the owner’s property,
or
c.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
.
OWNER Any person who owns, harbors or keeps a dog or licensee thereof, or the parents or
guardians of the person under 18 years of age, or any person who owns the property on which a dog
is harbored or kept.
POTENTIALLY DANGEROUS DOG. A potentially dangerous dog is aA dog that:
a. When unprovoked, inflicts bites on a human or domestic animal on public or private
property; or
When unprovoked, chases or approaches a person, including a person on a bicycle, upon
b.
street, sidewalk, or on any public or private property, other than the dog owner’s
property in an apparent attitude of attack; or
c.Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or
otherwise threatening the safety of humans or domestic animals.
A dog that takes action that was done to defend or protect itself or a human being within its
immediate vicinity from an unjustified attack or assault shall not be considered “potentially dangerous.”
PROVOCATION.
Means aAn act that an adult could reasonably expect may cause a dog to
attack or bite.
RESTRAINT. A dog is under restraint if it is on the premises of the person harboring or keeping the
dog, or if the dog is with the person having custody of it and is effectively restrained provided that:
a. While it is on any public trail, sidewalk, the Southwest LRT Regional Trail, or along any
public right-of-way (for example, along roadways and streets), it is on a leash no greater
than six feet in length;
b. While it is in any city park, it is on a leash.
SUBSTANTIAL BODILY HARM.
Means bBodily 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
RESTRAINT. A dog is under restraint if it is on the premises of the person harboring or keeping the
dog, or if the dog is with the person having custody of it and is effectively restrained provided that:
a. While it is on any public trail, sidewalk, the Southwest LRT Regional Trail, or along any
public right-of-way (for example, along roadways and streets), it is on a leash no greater
than six feet in length;
b. While it is in any city park, it is on a leash.
OWNER.
Any person who owns, harbors or keeps a dog or licensee thereof, or the parents or
guardians of the person under 18 years of age, or any person who owns the property on which a dog
is harbored or kept.
(1987 Code, 701.01) (Ord. 81, passed 11-25-74; Am. Ord. 394, passed 4-14-2003; Am. Ord. 398,
'
passed 9-8-2003)
701.03 ENFORCEMENT
.
The Council shall appoint an Animal Enforcement Officer and may enter into a contract with a
person whose duties shall be to enforce this chapter. Any contract so entered shall provide, as the Council
deems fit, certain fees for the keeping and disposal of animals herein governed.
(1987 Code, 701.02)
'
701.04 REGISTRATION AND LICENSING REQUIREMENTS
.
Subd. 1. Registration and license required. Every person who owns a dog over the age of six months
shall cause the dog to be registered and licensed as hereinafter provided.
Subd. 2. License tag and fees. All dogs kept in this city, including those allowed by special permit, shall
be registered in the office of the Administrator. The owner shall obtain a license and tag for
each dog and pay for each fee as the City Council may, by resolution, adopt. The Council
may provide for higher license fees for female dogs than for males or spayed
females. The license tag shall be securely attached around the dog’s neck and kept there
=
at all times during the license period. If the tag is lost or stolen, the owner shall receive a
duplicate license and tag upon payment to the Administrator a fee as provided in 1301.02
'
of this code.
Subd. 3. Rabies inoculation. No license shall be issued for a dog unless the owner shall show provides
written evidence that the dog has been inoculated for the prevention of rabies within the
past two years.
Subd. 4. Term of license. The license period shall be for the whole or unexpired portion of the whole or
unexpired portion of the year ending on the ensuintwo years ending on g December 31.
Subd. 5. New residents of city. Any person who moves into and becomes a resident of the city and who
owns a dog within the city shall cause the same to be registered and licensed as provided
hereinbefore within a period of not more than 30 days after becoming a resident of the city.
Subd. 6. Denial of license. The city may deny an owner a license and prohibit the keeping of a dog by the
applicant for the following reasons:
been convicted of a third or subsequent violation of section 347.51,
a. The owner has
347.515, or 347.52; (relate to our code or, are these references to State Statutes?)
b. been convicted of a violation under section 609.205, clause (4);
c. been convicted of a gross misdemeanor under section 609.226, subdivision 1;
d. been convicted of a violation under section 609.226, subdivision 2;
e. had a dog ordered destroyed under section 347.56 and been convicted of one or
more violations of section 347.51, 347.515, 347.52, or 609.226, subdivision 2.
Subd. 7. Household Members. If any member of a household is prohibited from owning a
dog in subdivision 6, unless specifically approved with or without
restrictions by an animal control authority, no person in the household is
permitted to own a dog.
Subd. 8. Dog Ownership Review. Beginning three years after a conviction under
subdivision 6 that prohibits a person from owning a dog, and annually
thereafter, the person may request that the animal control authority review
the prohibition. The animal control authority may consider such facts as 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
entirely or rescind it with limitations. The animal control authority also may
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 the person subsequently fails to comply with any limitations
imposed by the animal control authority or 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
this City.
(1987 Code, 701.03) (Ord. 81, passed 11-25-1974; Ord. 173, passed 8-12-1985; Am. Ord. 213, passed
'
3-27-1989; Am. Ord. 263, passed 12-14-1992)
701.05 LIMITATIONS ON NUMBER OF DOGS
.
Subd. 1. Kennel license. Within the limits of the city, no more than two four (4) dogs over the age of six
months shall be allowed in any household. unless the owners shall first obtain a kennel
license. This license shall allow an owner to keep up to four dogs over the age of six
months. Any person desiring a kennel license shall make written application upon a form
prescribed by and containing the information as required by the city. Every owner is
required to keep a valid, individual license tag securely fastened to the dogsdog’s collar
=
or harness. The owner shall pay a fee for the kennel license as provided in 1302 of this
'
code. This license shall be valid for the period of one year, beginning on January 1 and
ending on December 31, and is nontransferable. The application shall contain the following
information:
a. The number of dogs over the age of six months to be maintained on the premises;
b. A description of the real estate property upon which the animals will be kept;
c. Written authorization for the city to inspect the premises which shall be valid for the length of the
license. Application for a renewal license shall be inspected upon receipt of complaints.
The inspection shall be to confirm compliance with the following criteria:
(1) If an outdoor kennel is provided, it must be constructed of suitable material to
maintain and secure the keeping of dogs and to allow for sufficient space for the dogs.
Standards for adequate shelter for dogs is specified in M.S. 343.40 and is adopted
'
by reference, including any amendments to that section. The space must be inspected
and approved by the Animal Enforcement Officer. All surfaces must be constructed of
material to provide for proper cleaning, drainage and maintenance and needs of the
dogs. Kennel structures must be located within the prescribed setback requirements
for the property and shall be located at least ten feet from the property boundary. All
fences shall be located entirely upon the property of the fence owner. No boundary
line fence shall be erected closer than three feet to an existing parallel boundary line
fence;
(2) Owners must ensure that dogs kept on a licensed premises do not create a nuisance by
excessive barking or by creating unsanitary conditions.
d. Notification of any prior violations during the previous licensing period.
Subd. 2. Denial of license. The city may deny any license request based upon one or more of the
following:
a. The Animal Enforcement Officer finds the kennel facilities inadequate;
b. Conditions of the license are not met;
c. A nuisance condition is found to be created by the dogs or owner;
d. The kennel creates a public health and safety hazard or has placed the animals in an
unreasonable endangerment. The city shall investigate all complaints and may issue a
citation for violations. After a complaint has been received and found to be valid regarding
a kennel license, the holder of the license shall appear before the City Council to state or
explain their position. The appearance shall be within 30 days of the initial complaint and
after notification of all contiguous property owners. The City Council will then decide the
status of the license.
Subd. 3. Exceptions.
a. An applicant may apply to the City Council for an exception to the maximum number of
dogs allowed per property.
b. This section shall not apply to nonresidents or dogs kept within the city for less than 30
continuous days.
Subd. 4. Revocation of kennel license. In addition to any other sanctions herein provided, violation of
any of the terms of this chapter shall be grounds for termination of the privilege of keeping
up to four dogs, and the license may be revoked. Revocation may occur for a violation
attributable to any dog kept by the owners.
(1987 Code, 701.04) (Ord. 299, passed 6-12-1995)
'
701.06 RUNNING AT LARGE
.
It shall be unlawful for the dog of any person who owns, harbors or keeps a dog, to run at large. The
finding of any dog running at large shall be prima facie evidence of violation of this section by the owner
of the dog.
(1987 Code, 701.05) (Ord. 213, passed 3-27-1989)
'
701.07 DOG NUISANCES
.
Subd. 1. It shall be unlawful for any owner to fail to exercise proper care and control of his animals to
prevent them from becoming a public nuisance.
Subd. 2. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely,
to frequent school grounds, parks, or public beaches, to chase vehicles, to molest, annoy or
bite any person if the person is not on the property of the owner or custodian of the animal,
to molest, defile or destroy any property, public or private, or to defecate in or upon public
property or the property of another without being cleaned up immediately by the person in
charge of the animal. The person having custody of the dog is responsible for disposing of
the dog feces in a sanitary manner. Failure on the part of the owner or custodian to prevent
his animals from committing an act of nuisance shall subject the owner or custodian to the
penalty hereinafter provided.
Subd. 3. The phrase TO BARK EXCESSIVELY, CONTINUOUSLY OR UNTIMELY includes, but is
not limited to, the creation of any noise by any single or combination of dogs which can be
heard by any person, including a law enforcement officer or animal control officer, from a
location outside of the building or premises where the dog is being kept and which noise
occurs repeatedly over at least a five minute period of time with one minute or less lapse of
time between each animal noise during the five minute period. UNTIMELY includes, but
is not limited to, the noise which occurs repeatedly over a two-minute period of time with
one-minute or less lapse of time between each animal noise during the two-minute period
between 10:00 p.m. and 6:00 a.m.
(1987 Code, 701.06) (Ord. 232, passed 9-10-1990; Ord. 334, passed 4-27-1998; Am. Ord. 394, passed
'
4-14-2003; Am. Ord. 398, passed 9-8-2003)
701.08 DANGEROUS AND POTENTIALLY DANGEROUS DOG
The provisions of Minn. Stat. §§ 347.50 through 347.56 relating to Dangerous Dogs are adopted
Subd. 1.
by reference and govern Dangerous Dogs in the city of Shorewood.
Subd. 2. Potentially Dangerous Dogs.
a. A person who owns, keeps, possesses, or acts as a custodian for a potentially dangerous
dog must do the following:
(1) maintain the animal under restraint by use of a leash not exceeding six feet
in length at all times when the animal is off the owner's premises;
(2) when the animal is on the owner's premises, confine the animal within a
fenced enclosure sufficient to keep the animal from leaving the enclosure, or maintain the
animal on a leash or chain not exceeding six feet in length;
(3) have a microchip identification implanted in the animal as required by
Minn. Stat. §347.515; and
(4) provide notification of the death, change in ownership, or transfer of the
animal in accordance with the requirements in Minn. Stat. §347.52(c) and (f).
b. The notice and hearing requirements provided in Minn. Stat. §347.541 apply to the
determination by authorized animal control authority that a dog is potentially dangerous.
c. Stopping an attack. If authorized animal control authority are witness to an attack by an
animal upon a person or another animal, the personnel may take whatever means the
personnel deems appropriate to bring the attack to an end and prevent further injury to the
victim.
701.08 09 CONFINEMENT OF CERTAIN DOGS
.
Every dog in heat shall be confined in a building or other secure enclosure in the manner that the dog
cannot come into contact with another dog, except for planned breeding.
(1987 Code, 701.07) (Ord. 213, passed 3-27-1989)
'
701.09 10 IMPOUNDMENT AND REDEMPTION PROCEDURES
.
Subd. 1. Authority to impound, citations. The person charged with the enforcement of this chapter shall
have authority to take into custody and impound those dogs found at large within the city.
If the Animal Enforcement Officer is unable to take a dog into custody, he or she may,
where possible, follow the dog to the property of its owner and may issue a citation to the
owner for violation of this chapter. The Officer shall not be authorized to take into custody
a dog once it is upon the property of its owner except where the officer finds no one
present upon the property and custody is necessary to prevent the dog from further running
at large or except in those instances hereinafter prescribed where the custody is required or
permitted for the health and welfare of the public.
Subd. 2. Pound. The city, or agency the city contracts with, shall provide an adequate pound or facilities
where dogs taken into custody by an Animal Enforcement Officer shall be kept and
properly fed until disposed of according to the provisions of this chapter.
Subd. 3. Notice of impoundment. Within 24 hours after taking a dog into custody, the Animal
Enforcement Officer shall, if the animal has on it an official tag, notify the person shown
as owner of the dog that the animal is in his or her custody and will not be disposed of if
redeemed within a stated time, which time shall not be less than five full days after the
animal was taken into custody.
Subd. 4. Redemption by owner. Every owner or person having the custody of a dog may redeem the
same from the Animal Enforcement Officer by paying for board and associated costs for
each day or fraction thereof as the animal is held in custody by the Animal Enforcement
Officer and obtaining a license for the animal in accordance with this chapter if the license
has not hereinbefore been issued for the animal. The associated costs shall include an
impounding fee set by resolution of the City Council from time to time, or established by
the Animal Control Agency. In determining the impounding fee, the Council may establish
a schedule of fees based on the number of times a dog has been impounded. In addition to
the payment of the board, licensing and associated costs set forth in this section, the owner
shall remain subject to all other penalties contained in this chapter.
Subd. 5. Disposition of unclaimed or injured dogs. Upon expiration of the five day period, a dog in the
custody of the Animal Enforcement Officer shall may be euthanized. Nothing in this
chapter shall prevent the Animal Enforcement Officer from causing the dog to be
euthanized in less than five days waiting period as aforesaid where the animal is injured
and, in the opinion of the owner or veterinarian, the only humane act would be one of
disposal.
Subd. 6. Records kept. The Animal Enforcement Officer shall keep an accurate account of all animals
received at the pound and all animals killed and released therefrom.
(1987 Code, 701.08) (Ord. 81, passed 11-25-1974; Ord. 213, passed 3-27-1989)
'
701.1110 RABIES CONTROL
.
Subd. 1. Quarantine of biting dogs.
a. Upon a sworn, written complaint being filed with the City Administrator/Clerk stating that
a dog has bitten a human being and setting forth the name of the dog, if known, and the
name and address of the owner or custodian, if known, the name of the person bitten and
when and where the incident occurred, the Animal Enforcement Officer shall order the dog
quarantined for a period of ten days. During quarantine, the animal shall be securely
confined and kept from contact with any other animal.
b. At the discretion of the Animal Enforcement Officer, the quarantine may be on the
premises of the owner. If the Animal Enforcement Officer so requires, the owner shall, at
his or her own expense, place the animal in a veterinary hospital for the period of
confinement or surrender the animal to the Animal Enforcement Officer for confinement.
The dog shall not be released from confinement until a licensed veterinarian has certified
the animal to be free from rabies and until the owner has paid the costs of any veterinary
tests made upon the animal as well as the costs of any confinement on premises other than
that of the owner.
c. If the costs are not paid by the owner or custodian within ten days following written notice
to the owner or custodian that the dog is available for release, the Animal Enforcement
Officer shall forthwith cause the dog to be euthanized.
d. Any person who shall fail to deliver up to the Animal Enforcement Officer any dog which
has bitten a human being and against which a sworn, written complaint has been filed shall
be guilty of a misdemeanor. Each days neglect or failure to comply with the provisions of
=
this subdivision shall be deemed a separate offense.
Subd. 2. Rabies in city, proclamation.
a. Investigation for presence of rabies. It shall be the duty of the Health Officer to investigate
when a written complaint shall be made to him or her or to the City Administrator/Clerk
that rabies exist in the city and determine whether or not rabies does exist in the city.
b. Proclamation.
(1) If, on the investigation, the Health Officer determines that rabies does exist in the city,
the Health Officer shall thereupon make and file a proclamation setting forth the fact
of the investigation and determination and also in the proclamation prohibit the owner
or custodian of any dog from permitting or allowing the dogs to be at large within the
city unless effectively muzzled so that it cannot bite any other animal or person.
(2) The proclamation, when issued, shall be filed with the Administrator and it shall be
the duty of the Administrator to forthwith publish a copy thereof in the official legal
newspaper of the city and to post a copy of the proclamation in three public places
within the city. The proclamation shall be deemed effective and in full force five days
after publication and posting of copies thereof and shall remain in full force and effect
for a period of time designated in the proclamation but not to exceed six months.
c. Dogs at large to be muzzled. It shall be unlawful for the owner or custodian of any dog to
suffer or permit it to be at large either on the premises of the owner or elsewhere within the
city during the time the proclamation is in force unless the dog shall be effectively muzzled
so that it cannot bite any other animal or person.
d.. Destruction of unmuzzled dogs. It shall be lawful for any police officer or the Animal
Enforcement Officer of this city to destroy any dog running at large on the public streets or
roads of this city in violation of the provisions of the proclamation.
(1987 Code, 701.09) (Ord. 81, passed 11-25-1974; Ord. 213, passed 3-27-1989) Penalty, see 104.01
''
701.11 12 DESTRUCTION OF CERTAIN DOGS
.
Subd. 1. Upon sworn complaint to the Hennepin County District Court that any one of the following
facts exists:
a. That any dog at any time has destroyed property or habitually trespasses in a damaging
manner on property of persons other than the owner;
b. That any dog at any time has attacked or bitten a person outside the ownersowner or
=
custodianscustodian’s premises;
=
701-8
Dogs
701.11 701.13
c. That any dog is vicious or shows vicious habits or molests pedestrians or interferes with
the driving of automobiles on the public streets or highways;
d. That any dog is a public nuisance;
e. That any dog is running at large in violation of this chapter;
Subd. 2. The judge or clerk of the court shall issue a summons directed to the owner of the dog
commanding him or her to appear before the judge to show cause why the dog should not
be seized and euthanized by the Animal Enforcement Officer or otherwise disposed of.
Upon the hearing and finding the facts true as complained of, the judge may either order
the dog euthanized or the owner or custodian to remove it from the city or may order the
owner or custodian to keep it confined to a designated place. If the owner or custodian
disobeys the order, he or she shall be in violation of this chapter and the Animal
Enforcement Officer may, upon disobedience of the order, impound or dispose of the dog
described in the order. The costs of all proceedings described herein shall be assessed
against the owner or custodian of the dog, if the facts in the compliant are found to be true
or to the complainant if the facts are found to be untrue.
(1987 Code, 701.10) (Ord. 213, passed 3-27-1989)
'
701.12 13 PROHIBITED ACTS AND CONDITIONS
.
Subd. 1. Improper care. It shall be unlawful for any owner to fail to provide animals with sufficient good
and wholesome food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering and with humane care and treatment.
Subd. 2. Cruelty to dogs. It shall be unlawful for any owner to beat, cruelly ill-treat, torment or otherwise
abuse any dog.
Subd 3. Confinement in Motor Vehicle
1. A person must not cause or allow an animal to be placed or confined in a motor vehicle
without adequate ventilation when the atmospheric temperature, humidity, and sun rays can be
reasonably expected to cause suffering, disability or death. Evidence that the animal is suffering
from heat stress is prima facie evidence of a violation of this section.
2. This section does not prohibit the transportation of horses, cattle, sheep, poultry, or other
agricultural livestock in trailers or other vehicles designed and constructed for that purpose.
3. Animal Enforcement Officer who find an animal in a motor vehicle in violation of this
section may break and enter into the vehicle if necessary to remove the animal. Neither the
personnel nor the city will be liable for vehicle damage that results. An animal removed must be
taken immediately to the animal impounding facility to be evaluated by a licensed veterinarian.
The personnel must leave within the vehicle a written notice giving their name and position and
the address where the animal may be redeemed. The owner of the animal is responsible for all
medical and housing expenses incurred.
(1987 Code, 701.11) Penalty, see 104.01
''
701.14 Health and Maintenance Standards.
1. The owner of a dog kept in the city must comply with the following standards.
a. A dog kept outdoors or in an unheated enclosure must be provided with adequate shelter and
bedding to protect it from the sun, rain, snow, and temperatures below 50 degrees Fahrenheit.
b. The shelter must include a moisture proof and windproof structure of suitable size to allow the
animal to stand in an upright position and to lie down stretched out so that no part of its body need
touch the sides of the structure. The structure must be made of durable material sufficient to allow
retention of body heat with a solid floor raised at least two inches from the ground and an entrance
covered by a flexible windproof material or self-closing swinging door. The structure must be provided
with 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 to promote
retention of body heat. The structure must be structurally sound and maintained in good repair.
c. In lieu of the requirements of paragraphs a and b, an animal may be provided with access to a
barn with a sufficient quantity of loose hay or bedding and protection against cold and dampness.
d. If an animal is confined by a chain, the chain must be so attached that it cannot become
entangled with the chains of other animals or other objects. A chain must be of a size adequate to
restrain the animal involved and must be attached to the animal by means of a well fitted collar. The
collar must be large enough to allow free breathing but small enough to avoid being easily pulled over
the animal's head. A chain must be at least three times the length of the animal as measured from the
tip of his nose to the base of his tail.
e. An animal must be provided with sufficient food and water to meet adequate nutritional
requirements.
2. maintenance standards. The owner of a dog kept in the city must comply with the standards
below. Before commencing an action to enforce compliance with these standards, enforcement
personnel must give an owner notice of a violation and a reasonable opportunity to comply.
a. An owner must maintain the dog and the area where it is kept so that no odor that offends the
senses of a reasonable person is detected, for more than one day, off the property where the animal is
kept.
b. An owner must maintain the property where the dog is kept so that there is no erosion, and no
drainage of water contaminated by the dog, onto adjacent properties or into public waters or wetlands.
c. The owner must manage the feces and other bodily wastes from the dog in a timely and sanitary
manner that prevents health risks and prevents odors that are prohibited under paragraph (a) above.
701.13 15 VIOLATION
.
Any person violating any provisions of this chapter shall be guilty of a misdemeanorsubject to an
administrative penalty as set forth in Chapter 104 of this code and may be guilty of a misdemeanor.
(1987 Code, 701.12) (Ord. 81, passed 11-25-1974) Penalty, see 104.01
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