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2013 Ord No. 500 - 505 2013 ORDINANCES Approved Published 500 Regulating the Use of Undiluted Coal Tar Driveway Sealants 1/14/13 1/24-Sun 1/26 Laker 501 Amending the Shorewood Zoning Code Establishing Zoning Permits 3/25/13 5/23-Sun 5/25-Laker 502 Amending Section 1301.02 of the Shorewood City Code Relating to 5/28/13 6/6-Sun the establishment of fees and charges 6/8-Laker 503 Enacting and Adopting the 2013 S-8 Supplement to the Code of 8/12/13 6/24-Sun Ordinances for the City of Shorewood, Minnesota 6/26-Laker 504 Amending Chapter 701 of the Municipal Code Relating to Animal 10/28/13 11/7-Sun Regulations 11/9-Laker 505 Amending Section 1201.09 Subd. 2. of the Shorewood Zoning Code 12/9/13 12/19-Sun The Shorewood Zoning Map CITY OF SHOREWOOD ORDINANCE NO. 500 AN ORDINANCE REGULATING THE SALE AND USE OF UNDILUTED COAL TAR BASED SEALER PRODUCTS WITHIN THE CITY OF SHOREWOOD, MINNESOTA Section 1. Citv Code Title 900 PUBLIC RIGHT OF WAY AND PROPERTY is hereby amended to add: CHAPTER 908 COAL TAR BASED PRODUCTS Section 908.01 Findings and Purpose 908.02 Definitions 908.03 Prohibited Acts 908.04 Exceptions 908.01 FINDINGS AND PURPOSE. Subd. 1. The city council finds that: a. The City of Shorewood Comprehensive Plan protects lakes, streams, Nvetlands and other bodies of Nvater to enhance the environmental, recreational, cultural and economic resources and contribute to the general health and Nvelfare of the community. b. The use of sealers on asphalt driveways is a common practice. C. The use of undiluted coal tar -based drivewav sealers adversely affects the quality of storm Nvater runoff from driveways. Subd. 2. The purpose of this ordinance is to regulate the use and commercial sale of undiluted coal tar based driveNvay sealer products Nvithin the City of Shorevyood, in order to protect, restore, and preserve the quality of its waters. 908.02 DEFINITIONS. Subd. 1. For purposes of this section, the folloNving terms have the meanings given: a. ASPHALT -BASED SEALER means a petroleum -based sealer material that is common1v used on driveNvays, parking lots, and other surfaces and Nvhich does not contain coal tar. b. COAL TAR means a byproduct of the process used to refine coal. c. UNDILUTED COAL TAR BASED SEALER means a sealer material containing coal tar that has not been mixed Nvith asphalt and Nvhich is commonly used on driveNvays, parking lots and other surfaces. d. MPCA means the Minnesota Pollution Control Agency. e. PAHs means Polvevelic Aromatic H -,Tdrocarbons that defines a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. It is present in coal tar and harmful to humans, fish, and other aquatic life. 908.03 PROHIBITED ACTS. Subd. 1. No person shall apply any undiluted coal tar based sealer to anv drivewav, parking lot, or other surface within the Citv of ShoreNvood. Subd. 2. No person shall contract Nv th any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar based sealer to any driveNvay, parking lot, or other surface Nvithin the City. Subd. 3. No commercial sealer product applicator, residential or commercial developer, or other individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar based sealer to any driveNvay, parking lot, or other surface Nvithin the Citv. Subd. 4. No commercial firm, contractor or organization shall furnish or sell any driveNvay sealer that is an undiluted coal tar based sealer. 908.04 EXEMPTIONS. Subd. 1. Upon the express v ritten approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 908.03. Subd. 2. The provisions of this ordinance shall only apply to use of undiluted coal tar based sealer in the City and shall not affect the use of asphalt -based sealer products Nvithin the City. Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of ShoreNvood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 "' day of Januarv, 2013. ATTEST: ?411k favtcl� Jean Panchyshyn, Deputy City Clerk Scott Zerby, Mayor . CITY OF SHORE WOOD ORDINANCE NO. 501 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE ESTABLISHING ZONING PERMITS Section 1. Section 1201.07 of the Shorewood City Code is hereby amended in its entirety to read as follows: "1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY; ZONING PERMITS, Subd. 1. Certificate of occupancy. a. No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Official stating that the building or structure complies with all of the provisions within this chapter. b. The certificate shall be applied for coincidentally with the application for a building permit, conditional use permit and /or variance and shall be issued within ten days after the Building Official shall have found the building or structure satisfactory and given final inspection. The application shall be accompanied by a fee as established by City Council ordinance. Subd. 2. Zoning Permits. .A zoning permit shall be required for activities that do not require building permits but for which it is necessary to determine compliance with zoning requirements such as setbacks, impervious surface coverage, structure height, etc.; a. Accessory buildings less than 120 square feet in area. b. Driveways. C. Sport and tennis courts. d. Retaining walls higher than three feet (no separate permit required when a building permit is required for grading). e. Above - ground fireplaces and cooking facilities, but not including portable appliances. Irrigation systems. g. Playground equipment or systems occupying more than 64 square feet of ground area or exceeding six feet in height. h. Underground animal control fences. Tents and canopies erected for more than two weeks in a 12 -month period. Portable storage facilities not associated with a valid building permit and located on property for more than 30 days in a 12 -month period." Section 3. 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 25th day of March, 2013. ATTEST: QU.e, ranq�� - Jeak Panchyshyn, City Merk Sc erby, ay r � CITY OF SHOREWOOD ORDINANCE NO. 502 AN ORDINANCE AMENDING SECTION 1301.02 OF THE SHOREWOOD CITY CODE RELATING TO THE ESTABLISHMENT OF FEES AND CHARGES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES III. Utility Rates Water Type of Charge /Fee City Code Reference Fee Water meter 903.04 Subd. 1 5/8" x 3/4" meter includes swivels Cost plus 10% 5/8" x 3/4" copperhorn Cost plus 10% 1" meter includes swivels Cost plus 10% 1" copperhorn Cost plus 10% I" pressure- reducing valve Cost plus 10% 1 1/2" meter (with flanges) Cost plus 10% 2" meter (with flanges) Cost plus 10% 1 1/2" pressure - reducing valve Cost plus 10% 2" pressure - reducing valve Cost plus 10% Meter test 903.08 Subd. 4 1 $80 VI. Building, Zoning, Land Use Type of Charge /Fee City Code Add New Fee Reference Zoning Permits 1201.07 $ 20.00 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 281" day of May, 2013. ATTEST: Jean Panehyshyn, My C1 rk __NeottZirby, Mayor CITY OF SHOREWOOD ORDINANCE NO. 503 AN ORDINANCE ENACTING AND ADOPTING THE 2013 S -8 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the seventh Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 499 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the eighth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2013 S -8 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 12th day of August, 2013. .S tt Zerby, Mayor ATTEST: f k ,cC.fi Jean Panchyshyn, Ci Cle SlIOREWOOD, MINNESOTA Instruction Sheet 2013 S -8 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE — 15, 16 ,TABLE OF CONTENTS 1,2 L2 TITLE 300: BUSINESS REGULATIONS 311-1 through 311 -4 3t1 -1 through 311 -4B TITLE 400: LIQUOR REGULATIONS 402 -1, 402 -2 402 -1, 402 -2 TITLE' 600: PUBLIC SAFETY 600 -1, 600 -2 600 -1, 600 -2 — 612 -1 through 6124 TITLE 700: ANIMAL REGULATIONS 700 -1, 700 -2 700 -1, 700 -2 704 -1, 704 -2 704 - 1,704 -2 — 705 -I through 705 -10 TITLL 900: PUBLIC RIGIIT -OF -WAY AND PROPERTY 902 -1, 90,)2 902. L 902 -2 902 -5, 902 -6 902...5 through 902 -613 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -1 through 1201 -4 1201-1 through 1201 -4 1201 - 13,1.201-14 1201-13,1201 -14 1201 - 21,120] -22 1201 - 21,1201 -22 1201 -43 through 1201 -44B 1201 -43 through 1201 -44B 1201-95 through 1201 -86B 1201 -85 through 1201 - -86B EXHIBIT A SHOREWOOD, MINNESOTA: INSTRUCTION SKEET REMOVE OLD PACES 1301 -2A through 1301 -6 1301 -11, 1301 -12 3 through 8 17,18 21,22 27,28 9 through 12B 15 through 20 PDJ - 6/2 8/2013 INSERT NEW PAGES TITLE 1300: MUNICIPAL FEES PARALLEL REFERENCES INDEX 1301 -2A through 1301 -6 1301 -11, 1301 -12 3 through 8 17,18 21, 22 27, 28 9 through 12B 15 through 20 2 CITY OF SHOREWOOD ORDINANCE NO. 504 AN ORDINANCE AMENDING CHAPTER 701 OF THE MUNICIPAL CODE RELATING TO ANIMAL REGULATIONS Section 1. Chapter 701 is hereby deleted in its entirety and replaced with: "CHAPTER 701 ANIMALS Section 701.01 Purpose 701.02 Definitions 701.03 Registration and licensing requirements 701.04 Permitted Domesticated Animals 701.05 Non - Domesticated Animals 701.06 Limitations on number of dogs 701.07 Limitations on number of cats 701.08 Animal breeders 701.09 Running at large 701.10 Impoundment authority 701.11 Animal nuisances 701.12 Confinement of certain animals 701.13 Impounded animal redemption 701.14 Rabies Control 701.15 Abuse /neglect of animals 701.16 Dangerous animals and potentially dangerous animals 701.17 Penalties for violation 701.18 Enforcement 701.19 Appendices 701.01 PURPOSE. To preserve the public health, safety and welfare, and guard against public nuisances, the ownership and possession of animals must be regulated. 701.02 DEFINITIONS. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Page 1 of 19 ANIMAL CONTROL AUTHORITY. An agency of the state, county, municipality or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. ANIMAL ENFORCEMENT OFFICER. The designated law enforcement personnel charged by the City with enforcement of this ordinance. ANIMAL SHELTER. Any premises designated by the City Council or the SLMPD for the purpose of impounding and caring for animals held under the authority of this ordinance. AT LARGE. An animal is at large when it is off the premises of the, person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal, and the animal is not under restraint. BARKING. The phrase "to bark excessively, continuously, or untimely" includes, but is not limited to, barking, whining, howling, baying, crying, or making other noise excessively, such that the creation of the noise by any single or combination of dogs 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 7:00 a.m. BODILYHARM. Physical pain or injury, illness, or any impairment of physical condition. SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. CITY. The City of Shorewood. COMMERCIAL KENNEL. A kennel used for 'boarding and breeding or selling dogs for a profit. DANGEROUS ANIMAL. An animal, including dangerous dogs as defined in Minnesota Statutes, Section 347.50, as amended, which has: a. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or Killed a domestic animal without provocation while off the owner's property; or Page 2 of 19 C. Been found to be potentially dangerous, and after the owner has received notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. DEALER. A public or private agency; person, society, or corporation that sells or transfers dogs or cats to corporations, institutions or to other dealers who sell or transfer to corporations or institutions. ANIMAL WASTE DEVICE. A device for sanitary removal of animal feces. DOMESTICATED (DOMESTIC) ANIMAL. Such animals as dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non - venomous and non- constricting reptiles or amphibians, and other similar domesticated animals. NON - DOMESTICATED (NON - DOMESTIC) ANIMAL. Animals which are naturally wild and not naturally trained or domesticated, or which are inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: a. Any member of the cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats: b. Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs; C. Any member or relative of the rodent family including any skunk (whether or not dc- scented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets; d. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and, e. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subsection, including but not limited to bears, deer, monkeys and other species non - indigenous to Minnesota. f. Any animal defined as livestock by Minnesota Department of Agriculture rule 1515.3100. OWNER. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal. POTENTIALLYDANGEROUS ANIMAL. Any animal, including a potentially dangerous dog as defined in Minnesota Statutes, Section 347.50, as amended, that: Page 3 of 19 a. When unprovoked, inflicts bites on a human or domestic animal on public or private property; or b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal 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; or d. Has been declared a potentially dangerous dog or potentially dangerous animal by any lawful authority of this or any other state or subdivision thereof. PREMISES. A building, structure, shelter, or land where a dog or other domesticated or non- domesticated animal is kept or confined, and specifically excludes all public rights -of -way, sidewalks, and streets. PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting. PROVOCATION. An act that an adult could reasonably expect may cause an animal to attack or bite. With regard to an animal other than a dog, provocation also means an act that an adult could reasonably expect may cause an animal of that species to attack or bite. PUBLIC NUISANCE - ANIMAL. Any animal that habitually worries, chases or molests persons travelling peaceably on a public road or off the premises of its owner, or violates a prohibition of this ordinance, is a public nuisance. 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 chase, 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 animal is responsible for disposing of the animal 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. RESTRAINT. An animal is considered to be under restraint, provided that a. It is on the premises of the person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal; or Page 4 of 19 b. It is in a private motor vehicle or camper, with secured windows and doors, of a person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal; or C. In all other locations, other than animals in a designated "off - leash" park, it is on a secure leash of no longer than six feet in length. SLMPD. The South Lake Minnetonka Police Department. 701.03 REGISTRATION AND LICENSING REQUIREMENTS. Subd. 1. Licensure required. All dogs over the age of six months kept in this city, including those allowed by multiple dog license, shall be licensed and registered by the owner with the city. The fee for the license and registration shall be set by ordinance of the City Council. License applications shall be made at the office of the City Cleric on city forms setting forth the name and address of the owner; the name, breed, age, color, and gender of the dog; and such other information as may be considered necessary by the city. Applicants shall provide proof that each dog has current vaccination against rabies. License tags, if issued at the election of the city, shall be securely attached around the dog's neck at all times during the license term. If the tag is lost or stolen, the owner may obtain a duplicate license and tag upon payment of a fee set by ordinance of the City Council. Subd. 2. Term of license. See 701.19 Appendices. Subd. 3. 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. 4. Transfer of license. The license of any dog, licensed by the city, may be transferred to a new owner of the licensed dog for the duration of that license. The transfer is when the information regarding the new owner is filed with the city clerk. The fee for license transfers shall be set by ordinance of the City Council. Subd. 5. Revocation. Any person making any false statement on any license application required by this section shall be guilty of a misdemeanor. The city clerk shall revoke any license issued under this section if the owner has made any false statement on the license application. No refund of any fees shall be due to the licensee whose license has been revoked. Subd. 6. Reinstatement. Any person whose license has been revoked under this section may reapply for such license after all deficiencies have been corrected. Any person making application after any revocation shall follow the procedures set out Page 5 of 19 for the initial issuance of the license and shall pay the fees in the full amount that would be required for an original license. 701.04 PERMITTED DOMESTICATED ANIMALS. Any person may own, keep, harbor or maintain any of the various domesticated animals, including but not limited to dogs and cats, adapted so as to live with humans in a tame condition and as provided in Chapter 705 Farm and Other Animals. 701.05 NON - DOMESTICATED ANIMALS. No person may own, keep, harbor, or maintain any non- domestic animal within the city limits, except as provided in Chapter 705 Farm and Other Animals, 701.06 LIMITATIONS ON NUMBER OF DOGS. Within the limits of the city, no person may own, keep, harbor, or maintain more than 2 dogs over the age of 6 months unless a multiple dog license is first obtained from the city. See 701.19 Appendices for multiple dog license requirements. 701.07 LIMITATIONS ON NUMBER OF CATS. Within the limits of the city, an owner or household may not own, keep, harbor, or maintain more than 3 cats over the age of 6 months. 701.08 ANIMAL BREEDERS AND DEALERS. No person, firm, or corporation shall establish, maintain, conduct, or operate a commercial kennel or operate as a breeder or dealer of any animal within this city without first obtaining approval by the city council. 701.09 RUNNING AT LARGE. No owner of any animal shall permit such animal to run or move at large at any time within the city. The finding of any animal running at large shall be prima facie evidence of violation of this section by the owner of the animal. blljlfUR1u1941 Igo 130 1 Bich W.11111:0]91Y`I The animal enforcement officer shall have authority to take into custody and impound those animals, found at large within the city. If the animal enforcement officer is unable to take an animal into custody the officer may, where possible, follow the animal to the property of its owner, and may issue a citation to the owner for violation of this ordinance. The officer shall not take into custody an animal once it is upon the property of its owner except: Page 6 of 19 a. Where the officer finds no one present upon the property and custody is necessary to prevent the animal from further running at large; or b. The animal is previously declared as a dangerous dog or dangerous animal; or C. Is a prohibited non - domesticated animal or which is inherently dangerous and if left uncontrolled poses a danger to public health, safety or welfare. 701.11 ANIMAL NUISANCES. Subd. 1. It shall be unlawful for any owner to fail to exercise reasonable care and control of his or her animals to prevent them from becoming a public nuisance. Subd. 2. The person having custody of the animal must have in their possession a device for removal of animal feces when in or on any public trail, sidewalk, in any city park, or along any public right -of -way (for example, along roadways and streets), or any other property, public or private, which is not the premises of the person owning, keeping, harboring, or maintaining the animal. Subd. 3. No person having custody or control of a domesticated animal shall allow such animal on any public swimming beach or any public grounds where any sign is posted prohibiting animals in that area, except a recognized animal for life assistance. Subd. 4. See 701.19 Appendices 701.12 CONFINEMENT OF CERTAIN ANIMALS. Every female animal in heat shall be confined in a building or other secure enclosure in such manner that such female animal cannot come into contact with another animal, except for planned breeding. 701.13 IMPOUNDED ANIMAL REDEMPTION Subd. 1. Pound. The city shall provide an adequate pound or facilities where animals taken into custody by an animal enforcement officer shall be kept and properly fed and cared for until disposed of according to the provisions of this ordinance. Subd. 2. Notice of impoundment. Within 24 hours of taking an animal into custody, the Animal Enforcement Officer shall give notice of the animal impoundment to the last known owner(s) and/or custodian(s) of the animal. If no address is available from police records, city license records, or available microchip identification, notice shall be given to the residence with which the animal was last associated. The notice shall reasonably describe the animal and advise that in the event the Page 7 of 19 animal is not redeemed within five regular business days after a stated date the animal may be destroyed. Subd. 3. Redemption by owner. The owner of any animal seized pursuant to this section may retrieve the animal from the city's animal impound shelter, provided that the owner purchases the appropriate license within seven days if the animal is not already properly licensed, pays all impound fees to cover the cost of apprehending the animal, boarding fees to cover the cost of sheltering the animal, any veterinary costs incurred by the animal control authority, and any other costs incurred by the animal control authority. Any owner who fails to comply with these requirements within five regular business days shall be deemed to have forfeited any property right to the animal and the animal control authority may dispose of it pursuant to subdivision 5 of this section. In determining the impounding fee, the city may establish a schedule of fees based on the number of times an animal has been impounded. Boarding fees shall be according to a schedule adopted and maintained by the SLMPD. License fees shall be adopted by the city council by resolution. Subd. 4. Disposition of unclaimed or injured animals. Upon expiration of the five regular business day period, an animal in the custody of the animal enforcement officer may be surrendered to the Animal Humane Society or euthanized. Nothing in this ordinance shall prevent the animal enforcement officer from causing the animal to be euthanized in less than the five regular business days waiting period as aforesaid where the animal is injured and, in the opinion of the animal enforcement officer or a veterinarian, the only humane act would be one of euthanization. Subd. 5. Records kept. The animal enforcement officer shall keep an accurate account of all animals received at the pound and all animals euthanized or released there from. 701.14 RABIES CONTROL. Subd. 1. Rabies Vaccination Required. It is unlawful for any person to own, keep, harbor, or maintain any animal over the age of six months which is susceptible to rabies unless that animal is vaccinated against rabies. Subd. 2. Quarantine of biting animals. a. Upon a written report being filed with the animal control authority stating that an animal has bitten a human being and setting forth the name of the animal, 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 animal quarantined for a period of ten days. During quarantine, the animal shall be securely confined and kept from contact with any other animals. Page 8 of 19 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 animal shall not be released from confinement until the animal control officer has determined that the animal is 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 animal is available for release, the animal enforcement officer shall forthwith cause the animal to be surrendered to the Animal Humane Society or to be euthanized. d. Any person who shall fail to deliver to the animal enforcement officer any animal which has bitten a human being and against which a sworn, written complaint has been filed shall be guilty of a misdemeanor. Each day's neglect or failure to comply with the provisions of this subdivision shall be deemed a separate offense. e. A dog or other animal displaying symptoms of being rabid, may be seized at any place or time and shall be confined in the city impounding facility at the expense of the owner until found to be free from rabies. f If a dog or other animal appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be destroyed if reasonably necessary for the safety of any person or person. Subd. 3. Rabies in city, proclamation. The city adopts Minnesota statute 35.68 and 35.69 and any revisions thereof regarding rabies proclamations. 701.15 ABUSE/NEGLECT OF ANIMALS. Subd. 1. Improper care. a. Food. Animals must be provided with food of sufficient quantity and quality to allow for normal growth and maintenance of body weight. b. Water. Animals must be provided with clean, fresh water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water supply. C. Shelter. Animals must be provided with proper shelter and protection from the weather. A person in charge or control of any animal which is kept outdoors or in an unheated enclosure shall provide the animal with shelter and bedding Page 9 of 19 as prescribed in this section as a minimum. The shelter shall include a moisture proof and wind proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall be made of durable material with a solid, moisture -proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31 the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Shade from the direct rays of the sun, during the months of May to October shall be provided. d. Sanitation. It shall be unlawful for any person to allow food and water receptacles, kennels, yards, or the premises where the animal is kept to be or to remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the premises to be in such condition that obnoxious odors can be plainly detected on adjacent public or private property. e. Veterinary Care. The owner or custodian of a domesticated animal shall provide adequate health care, including parasite and pest control, and care needed to prevent suffering. f. Cruelty to animals. It shall be unlawful for any owner to beat, cruelly ill - treat, torment or otherwise abuse or neglect any animal. A person may not inflict cruelty on a pet or companion animal by the use of a cruel training or handling device or method. g. Interpretation of Terms. A dispute as to the meaning of abuse, cruelty, neglect or adequate healthcare shall be resolved by an expert opinion. h. Animals in motor vehicles. A person may not leave an animal unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. Animals carried in open vehicles, including trucks, boats, motorcycles, dirt bikes, trailers, etc., must be restrained in a crate or carrier or restrained by a chain or cable to prevent the animal from leaving the vehicle or being tossed out. Subd. 2. Removal of animals. A peace officer, animal enforcement officer, or a volunteer or professional member of a fire or rescue department of a political subdivision may use reasonable force to enter a motor vehicle and remove an animal which has been left in the vehicle in violation of this section. A person removing an animal under this subdivision shall use reasonable means to contact the owner of the animal to arrange for its return home. If the person is unable to contact the owner, the person may take the animal to an animal shelter. 701.16 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. Page 10 of 19 The city is authorized pursuant to Minnesota statute section 347.53 to regulate potentially dangerous and dangerous dogs or other animals. Subd. 1. Potentially Dangerous Animals; Declaration The animal control authority shall make such declaration upon a finding that the animal in question: a. When unprovoked, inflicts bites on a human or domestic animal on public or private property; or b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal 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; or d. Has been declared a potentially dangerous animal by any lawful authority of this or any other state or subdivision thereof. In making such a determination, the animal enforcement officer may rely upon any or all of the following: a. Citizen complaint from an identified member of the public; b. Police or citizen reports of running at large or other public nuisance; C. Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; d. Determination by any state or subdivision thereof that the animal in question is a potentially dangerous animal. Subd. 2. Potentially Dangerous Animals; Requirements a. Microchip Identification. The owner of a potentially dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal. Page 11 of 19 b. Confinement. All potentially dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen, kennel, or fenced yard except when leashed as required. Confinement does not include a porch, patio, unfenced yard, "invisible fence" or any part of a house, garage, cage, or other structure that would allow the animal to exit of its own volition or any house or structure in which screens are the only obstacles to preventing the animal from exiting. C. Impoundment. Any potentially dangerous animal found off the premises of the owner, harborer, keeper, or custodian of same, is subject to immediate seizure and impoundment. Subd. 3. Dangerous Animals; Declaration The animal control authority shall make such declaration upon a finding that the animal in question has: a. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or b. Killed a domestic animal without provocation while off the owner's property; or C. Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. In making such a determination, the animal enforcement officer may rely upon any or all of the following: a. Citizen complaint from an identified member of the public; b. Police or citizen reports of running at large or other public nuisance; C. Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; d. Determination by any state or subdivision thereof that the animal in question is a dangerous animal. Subd. 4. Dangerous Animals; Registration a. Requirement. No person may own a dangerous animal in the city unless the animal is registered as provided in this section. b. Registration. The animal control authority shall issue a certificate of registration to the owner of a dangerous animal if the owner presents sufficient evidence that: Page 12 of 19 (1) A proper enclosure exists for the dangerous animal and a posting on the premises with a clearly visible warning sign that there is a dangerous animal on the property, including a warning symbol to inform children; (2) A policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $1,000,000.00 insuring the owner for any personal injuries inflicted by the dangerous animal; (3) The owner has paid an annual fee to the SLMPD, in addition to any regular licensing fees, to obtain a certificate of registration for a dangerous animal under this section; and (4) The owner has had microchip identification implanted in the dangerous animal. C. Warning symbol. If the animal control authority issues a certificate of registration to the owner of a dangerous animal pursuant to subdivision 2, the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous animal on the property. The warning symbol must be the uniform symbol provided by the Minnesota Commissioner of Public Safety. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. d. Dangerous animal designation review. Beginning six months after an animal is declared dangerous, an owner may request annually that the designating animal control authority review the designation. The owner must provide evidence that the animal's behavior has changed due to age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind the dangerous animal designation. e. Law enforcement; exemption. The provisions of this section do not apply to dogs used by law enforcement officials for police work. f Exemption. Animals may not be declared dangerous if the threat, injury, or damage was sustained by aperson: (1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; (2) Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or Page 13 of 19 (3) Who was committing or attempting to commit a crime. g. Tag. A dangerous animal registered under this section must have a standardized, easily identifiable tag identifying the animal as dangerous and containing the uniform dangerous animal symbol, affixed to the animal's collar at all times. Subd. 5. Dangerous Animals; Requirements a. An owner of a dangerous animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible adult. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. b. The owner of a dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal. C. An owner of a dangerous animal must renew the registration of the animal annually until the animal is deceased. If the animal is removed from the jurisdiction, it must be registered as a dangerous animal in its new jurisdiction. d. An owner of a dangerous animal must notify the animal control authority in writing of the death of the animal or its transfer to a new location where the animal will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the animal's death and disposition or the complete name, address, and telephone number of the person to whom the animal has been transferred or the address where the animal has been relocated. e. An animal control authority shall require a dangerous animal to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the animal and have it sterilized at the owner's expense. A person who owns a dangerous animal and who rents property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will reside at the property. Page 14 of 19 (1) Right to hearing. The owner of any animal declared dangerous has the right to a hearing concerning the dangerous dog or dangerous animal declaration and, if applicable, prior potentially dangerous dog or potentially dangerous animal declarations for the animal. The animal owner must make the request in writing, on a form provided by the SLMPD, within 14 days of receiving notice of the declaration. Failure to do so within 14 days of the date of receiving the notice will terminate the owner's right to a hearing under this section. Any hearing must be held within 14 days of the request to determine the validity of the declaration. The hearing officer must be an impartial person retained by the city or by the SLMPD to conduct the hearing. In the event that the declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the animal's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. (2) Requirements during appeals process. While awaiting final disposition of an appeal of a dangerous animal declaration, the owner of the animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, it must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. A person who transfers ownership of a dangerous dog or dangerous animal must notify the new owner that the animal control authority has identified the animal as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number. Subd.6. Confiscation a. `Seizure. The animal control authority having jurisdiction shall immediately seize any dangerous animal if. (1) After 14 days after the owner has notice that the animal is dangerous, the animal is not validly registered under this section; or (2) After 14 days after the owner has notice that the animal is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this section; or Page 15of19 (3) The animal is not maintained in the proper enclosure; or (4) The animal is outside the proper enclosure and not under physical restraint of a responsible person as required in the previous section. (5) The animal is not sterilized within 30 days. (6) If an owner of an animal is convicted of a crime for which the animal was originally seized, the court may order that the animal be confiscated and may be disposed of in a manner permitted by law, and that the owner pay the costs incurred in confiscating, confining, and destroying the animal. Animals reclaimed. A dangerous animal seized under subdivision 1 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the animal control authority that the requirements of the previous section will be met. An animal not reclaimed under this subdivision within seven days may be surrendered to the Animal Humane Society or humanely euthanized and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal. Subd. 7. Destruction of Animals in Certain Circumstances a. Circumstances. An animal may be destroyed in a proper and humane manner by the animal control authority if the animal: (1) Inflicted substantial or great bodily harm on a human on public or private property without provocation; or (2) Inflicted multiple bites on a human on public or private property without provocation; or (3) Bit multiple human victims on public or private property in the same attack without provocation; or (4) Bit a human on public or private property without provocation in an attack where more than one animal participated in the attack. b. Right to hearing. The animal control authority may not destroy an animal until the animal owner has had the opportunity for a hearing before an impartial hearing officer designated by the animal control authority. The animal owner must request a hearing within 14 days after the animal control authority provides notice that it intends to destroy the animal. 701.17 PENALITIES FOR VIOLATION Page 16 of 19 A person who violates a provision of this ordinance is guilty of a misdemeanor. 701.18 ENFORCEMENT Citations are issued for certain violations. The animal control officer or police officer is authorized to issue a citation to any person, firm, or entity for any alleged violations of this ordinance and any other ordinances or statutes which provide the basis for prosecution of violations of this ordinance. Nothing within this ordinance shall be construed to limit the authority of animal control officers or police officers to enforce any provisions of this ordinance or related statutes or ordinances. 701.19 APPENDICES Subd. 1. Dog License Period. The license period shall be for the whole or unexpired portion of the year ending on the ensuing December 31. Subd. 2. Multiple Dog License Requirements a. Within the limits of the city, no more than two dogs over the age of six months shall be allowed in any household unless the owners shall first obtain a Multiple Dog license. This license shall allow an owner to keep up to four dogs over the age of six months. Any person desiring a Multiple Dog 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 dog's collar or harness. The owner shall pay a fee for the Multiple Dog 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: (1) The number of dogs over the age of six months to be maintained on the premises; (2) A description of the real estate property upon which the animals will be kept; (3) 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: (a) If an outdoor Multiple Dog shelter 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 Page 17 of 19 surfaces must be constructed of material to provide for proper cleaning, drainage and maintenance and needs of the dogs. Multiple Dog 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; (b) Owners must ensure that dogs kept on a licensed premises do not create a nuisance by excessive barking or by creating unsanitary conditions. (4) Notification of any prior violations during the previous licensing period. b. Denial of license. The city may deny any license request based upon one or more of the following: (1) The Animal Enforcement Officer finds the Multiple Dog facilities inadequate; (2) Conditions of the license are not met; (3) A nuisance condition is found to be created by the dogs or owner; (4) The Multiple Dog facility 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 Multiple Dog 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. C. Exceptions (1) An applicant may apply to the City Council for an exception to the maximum number of dogs allowed per property. (2) This section shall not apply to nonresidents or dogs kept within the city for less than 30 continuous days. d. Revocation of Multiple Dog 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. Page 18 of 19 Subd. 3. Animal Nuisances. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely, to chase vehicles, 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. 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 28`x' day of October, 2013. ATTEST: Jein Panchyshyn, City erk Page 19 of 19 Scott erby, M iy r CITY OF SHOREWOOD ORDINANCE NO. 505 AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as: "Lots 25 and 26, Block 3, Minnetonka Manor, Hennepin County, Minnesota." in the R -1C /S, Single - Family Residential /Shoreland zoning district. Section 2. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the R -1C /S, Single- Family Residential /Shoreland zoning district. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of December 2013. Scott rby, Mayo r ATTEST: Je Panchyshyn, 06 Clerk