FARIBAULT PLANNING COMMISSION MARCH 20, 2017 PUBLIC HEARING

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1 FARIBAULT PLANNING COMMISSION MARCH 20, 2017 PUBLIC HEARING 3A Case Numbers and Requests: Applicant: Staff Recommendation: Deadline for Council Action: From: ZTA 3-17 Zoning text amendment to allow prescribed grazing for weed/vegetation control, and allow chickens and bee hive colonies in the City limits. City of Faribault Approve the proposed Zoning Text Amendment for the above described matters. Not Applicable David Wanberg, AICP City Planner Peter J. Waldock, AICP, Planning Coordinator Rita Trapp, AICP, Planning Consultant BACKGROUND AND SUMMARY OF REQUEST Over the past three years, the City has received a number of requests to allow backyard chickens in Faribault. The City has also received several requests for beekeeping and several requests for prescribed gazing within the city limits. Currently, the City prohibits all of the above (except in Open Space/Agricultural and Transitional Urban Development Zones). In 2014, the Planning Commission held a workshop to discuss the pros and cons of allowing limited chickens, bees, and prescribed grazing in additional zoning districts in the city. The Planning Commission noted that some residents already have chickens and bees in their backyard and that prescribed grazing is occurring at River Bend Nature Center (which is zoned Open Space/Agriculture). Although it was not unanimous, a majority of the Planning Commission expressed a willingness to allow the above animals and uses in the city. Also in 2014, the Joint Committee of the City Council held a workshop to discuss the above referenced issues. The Joint Committee appeared to have mixed views about whether to allow chickens, bees, and prescribed grazing in the city. Ultimately, the Joint Committee determined that it was not a top priority of the City to address these issues, but as time permits, the City may revisit the issues at some future date. At a recent City Council meeting, a resident expressed frustration that the City has not made progress on addressing the backyard chicken issues. After Council discussion, the City Administrator directed City Staff to work with the Planning Commission to provide the City Council a recommendation on backyard chickens. In response, the Planning Commission noted it would be best to address beekeeping and prescribed grazing at the same time that the City addresses backyard chickens. Page 1 of 7

2 OVERVIEW OF THE PROPOSAL Faribault, like most cities, has a separate chapter in the City Code of Ordinances that deals specifically with animals. In Faribault, Chapter 6 addresses animals and fowl. In many cities, the police department is responsible for animal control, particularly as it relates to stray dogs and cats, dangerous animals, and the like. Many cities that adopt chicken and bee ordinances place these ordinances in the animal ordinance (not in the zoning ordinance). In addition, the Police Department is generally responsible for issuing chicken and bee permits or licenses and enforcing the animal ordinances. However, that does not have to be the case. If the City Council were to allow chickens, beekeeping, and prescribed grazing in Faribault, the ordinances for these animals/uses could be referenced in Chapter 6: Animals and Fowl, but the details of the ordinance could be placed in the City s Unified Development Ordinance, which primarily falls under the responsibility of the City Planner. Staff feels that it would be best for the Planning Division to review requests for chickens, bees, and prescribed grazing and that the Planning Division should be responsible for issuing and administering permits or licenses. However, the Police Department would be responsible for addressing stray animals and enforcing noise and smells. Prescribed Grazing Prescribed grazing is a temporary service that involves animals for the control of invasive or noxious vegetation. The City has allowed prescribed grazing at River Bend Nature Center, but the Nature Center is in the Open Space/Agricultural. Some residents that abut River Bend are interested in prescribed grazing on their property. However, we currently only allow prescribed grazing in Open Space/Agricultural and Transitional Urban Development Districts. Very few communities have an ordinance to allow prescribed grazing in an urban area. However, prescribed grazing is currently happening in urban areas throughout the United States. In general, places like Minnetonka and Rochester have allowed prescribed grazing to occur without an ordinance. Nevertheless, it is in the City s interest to reaffirm that prescribed grazing is prohibited (except in the Ag and TUD Districts) or to adopt an ordinance that allows it to occur based on a set of agreed to standards. Prescribed grazing is highly suitable to steep terrain where it is difficult or dangerous for humans to control the vegetation. Grazing also eliminates or reduces the need for chemical treatments. In Faribault, we are proposing that we limit grazing animals to goats. The application of goats as a landscape management technique to control invasive or unwanted plant species at a specific location and specific intensity for a defined length of time. For purposes of this ordinance, goats used for prescribed grazing purposes are not considered to be livestock or agriculture uses. Key features of the Prescribed Grazing Ordinance: Page 2 of 7

3 Prescribed grazing permit. A prescribed grazing permit shall be required for each prescribed grazing duration. Stocking rate limit. No more than one prescribed grazing animal (i.e. goat) per 2,500 square feet of lot size at any time. Duration. On property less than two acres, prescribed grazing shall not be permitted for more than 30 consecutive days at a time on a property and a minimum of 60 days between the expiration of one permit and the issuance of the next. On property of two acres or more, the duration of prescribed grazing shall be as specified in the prescribed grazing permit. Proper enclosure. The prescribed grazing activity shall be fully and properly enclosed at all times. Temporary fences may be electric or electrified as specified in this ordinance. Where electric fences are used, a double fence system will be required with the public outer fence line shall not be electrified in order to serve as a safety barrier to keep persons from coming in contact with the electric fence. Animal welfare. The welfare of the prescribed grazing animals must be ensured by the owners of the prescribed grazing animals. 1. Supervision. A 24-hour contact must be provided to the City for someone who can take responsibility for removing the prescribed grazing animals as required in an emergency or as otherwise needed in a timely manner. 2. Health. Prescribed grazing animals must receive proper veterinary treatment and regular deworming. In the event that a prescribed grazing animal becomes ill, hurt, or perishes, the owner of the prescribed grazing animal(s) must provide immediate on-site care or remove the animal(s) from the property promptly if immediate on-site care cannot be provided. Environmental management. Prescribed grazing shall be permitted within environmentally sensitive areas, as determined by the City or other authorized agency, provided all of the following conditions are met: 1. Compliance with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Rice County Soil and Water Conservation District, and all other pertinent agencies. 2. No impairment of the quality of the water as defined by the Federal Clean Water Act. 3. Compliance with all applicable regulations promulgated by Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Rice Soil and Water Conservation District, all state laws, and all federal laws, including the best management practices established by the Natural Resources Conservation Service. Signage. 1. Electric fences. Any electric or electrified fence in association with a prescribed grazing activity must have a warning sign posted on every boundary of the enclosure at least every 50 feet along each side of the fence. Page 3 of 7

4 2. Notice. A single sign, not to exceed four square feet in size and not to exceed four feet in height if freestanding, shall be erected and visible from the nearest public right-of-way, with the prescribed grazing permit number for the issued permit and the phone number for the 24-hour contact for the prescribed grazing animals. Keeping of Chickens The keeping of chickens within city limits was a trend that first emerged in Minnesota about 8 years ago. Residents requesting to have chickens cite many reasons, including a desire for fresh eggs and knowing where their food comes from; having chickens as pets; and providing their children an opportunity to learn responsibility. The University of Minnesota Extension website on backyard chicken notes that chickens can do well in an urban residential setting, including coexisting with domestic animals like dogs and cats. Chickens typically have a life span of 12 to 14 years, though the laying of eggs only lasts for about 2 to 5 years depending on the breed. Chickens typically eat grains, fruits, vegetables, insects, and feed. Chicken Run Rescue, a Minnesota non-profit formed in 2001 to address the increasing number of abandoned or surrendered chickens, notes that start-up costs for chickens can run about $2,000 to $3,000 with annual care costing another $400. Daily care includes feeding, watering, and opening/securing the coop, while manure management should be addressed weekly to control odors. While there has been an increase in the number of communities that allow chickens (e.g. Farmington and Northfield), there are still a number that do not allow them (e.g. Owatonna and Lakeville). Typically communities that allow chickens use a permit or license process to ensure the health of the fowl and a reduction in impacts to neighbors. The draft ordinance attached references the keeping of chickens in City Code Chapter 6 Animals and Fowl, while placing the regulations as part of Chapter 7 Specific Development Regulations of Appendix B Unified Development Regulations. The regulations establish a bi-annual permit process for the keeping of chickens on single-family residential property. If the impact of this urban residential chicken pilot is minimal, the City could explore in the future the expansion of the accessory use to other types of housing. Applicable Code Sections: Chapter 2, Article 5, Faribault Unified Development Ordinance (UDO), requirements and procedures for Zoning Amendments. Chapter 12, Faribault Unified Development Ordinance, Section Table 12-1, regarding principal uses in Industrial Districts DEVELOPMENT REVIEW COMMITTEE Page 4 of 7

5 The Development Review Committee (DRC) discussed the proposal on March 7, The DRC had the following comments and observations. 1. On the issue prescribed grazing the DRC reviewed the proposal with the following recommendations: a. The grazing be limited to specified zoning districts O, TUD and can be allowed in large institutional sites (i.e. DOC, State Academies, Shattuck- St. Mary s, Faribault Middle School, Large City Parks and Trails, etc.) on properties over 5 acres; b. That the goats be limited to 1 goat per 2,500 square feet (17.24 goats per acre) seemed acceptable. c. The DRC suggested that the Community and Economic Development Department do the licensing and permitting of the animals and the Police Department do the animal control enforcement; d. Grazing would be allowed for a 30-day period up to 2 times a year with 60 days between grazing periods. e. The issue of animal welfare was discussed. It was suggested that the agencies supplying the goats be supervised through a registration or licensing process, which could in turn address animal welfare complaints through suspension of their operating permit. 2. The DRC reviewed the proposal for regulation to allow Chickens and Bees in the City Limits with the following recommendations: a. The Community and Economic Development Department should administer licensing and/or permits and the Police Department would handle the animal control. b. Coop size of 6ft. by 4ft was discussed and setbacks of 20 feet from adjacent properties were discussed and recommended c. Welfare of the chickens in providing heat and water during the winter months and the need for electricity was discussed. The electrical wiring to the coop will need to be hard-wired. Extension cords would not meet electrical codes. d. A coop that is up to 6 x 4 would not be considered an accessory structure. e. Strictly enforce the section of the ordinance that states Chickens are not allowed to be located in any part of the principal dwelling, attached garage or detached garage. f. Failure to comply with ordinance provisions would result in the loss of the permit. g. Keep language simple to increase compliance h. Consult with the City Attorney regarding the City s liability in the case of bee stings. Page 5 of 7

6 3. An appeals process was discussed. The City Council has the final say on appeals that may arise. A public hearing is required by the zoning code for appeals of administrative decisions. 4. The recommended application schedule is as follows: Public hearing at the Planning Commission level on March 20, 2017 City Council review should be scheduled on April 25, 2017 to provide sufficient time for continued discussion by the Planning Commission and to allow for presentations by the Planning Consultant and City Attorney in this matter. RECOMMENDED FINDINGS Section of the UDO includes five required findings as a prerequisite for approval of zoning text amendments. The draft ordinance prepared by staff and provided with this report includes a reference to the required findings of the ordinance. Section 2-180, Required Findings on Zoning Amendments The City Council shall make each of the following findings before granting approval of a request to amend this ordinance or to change the zoning designation of an individual property: (1) Whether the amendment is consistent with the applicable policies of the city's Land Use Plan. (2) Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. (3) Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. (4) Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. (5) Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. RECOMMENDATION Appropriate action to approve, modify or deny the proposed ordinance 2016-XX including findings in support of the amendment of the Unified Development Ordinance and Chapter 6 of the City Code of Ordinances regarding animal controls, to provide regulations allowing prescribed grazing for control of noxious weeds and wild vegetation in specified areas of the Page 6 of 7

7 City, and provide regulations allowing the keeping of up to 3 chickens and a specified number of bee colonies in the City. ATTACHMENT Proposed Ordinance Chickens Proposed Ordinance Bees Proposed Ordinance Prescribed Grazing Chapter 6 with proposed amendments USDA Guidelines Prescribed Grazing Comments Page 7 of 7

8 State of Minnesota County of Rice CITY OF FARIBAULT ORDINANCE 2017-XX AN ORDINANCE TO AMEND FARIBAULT CITY CODE CHAPTER 6 ANIMALS AND FOWL AND APPENDIX B UNIFIED DEVELOPMENT REGULATIONS AS IT RELATES TO THE KEEPING OF CHICKENS WHEREAS, a number of residents have expressed a desire to raise chickens at their homes for eggs and to provide a learning experience for young children and this request was presented to the City Council which agreed to consider ordinance amendments for this purpose and authorized an application; and WHEREAS, City Staff prepared the City s application and made a report to the Planning Commission (ZTA 3-17); and WHEREAS, the Planning Commission, on the 20 th day of March, 2017, following proper notice, held a public hearing regarding said request; and WHEREAS, following said public hearing, the Planning Commission recommended approval of the proposed ordinance amendments finding that the request is consistent with all of the required findings for a zoning text amendment as required by Section of the City s Unified Development Ordinance; and WHEREAS, the City Council, on the day of, 2017 at a regular public meeting received the staff report, recommendation and findings of the Planning Commission; and WHEREAS, the City Council hereby finds proposed ordinance amendment (to Chapter 6 of the City of Faribault Code of Ordinances) and zoning text amendment is appropriate with the following findings as required by Section of the City s Unified Development Ordinance: 1. Criteria: Whether the amendment is consistent with the applicable policies of the City s Land Use Plan. Finding: The Land Use Plan supports a high quality of life for residents in the City and provides for appropriate land uses in residential areas.

9 Ordinance 2017-XX Page 2 of 7 2. Criteria: Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. Finding: The proposed amendment will be effective Citywide and will benefit all residents. 3. Criteria: Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. 4. Criteria: Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. Criteria: Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case is in response to an increased trend among Cities statewide which have adopted similar ordinances and regulations at the request of their citizens. NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS: Section 1. Amendment. Section 6-16 of the City Code of the City of Faribault is hereby amended as follows: Sec Definitions. Animal control authority shall mean the city chief of police or his or her designee or in matters related to prescribed grazing, the keeping of chickens, or bee keeping the animal control authority shall mean the Community and Economic Development Director or his or her designee. Proper enclosure shall mean securely confined indoors or in a securely enclosed and locked coop or pen or structure suitable to prevent the animal from escaping and providing protection from the elements. A dog pen or run must be set back from all property lines a minimum of ten (10) feet. A dog pen or run must have a secure top and a hard surface floor to which the sides are secured. The door or gate of a pen or run must be secured with a combination or keyed lock. A proper enclosure does not include a porch, patio, or

10 Ordinance 2017-XX Page 3 of 7 any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Section 2. Amendment. Section 6-20 of the City Code of the City of Faribault is hereby amended as follows: Sec Animal sanitation; owner s responsibilities. (a) It shall be unlawful to permit an animal to damage, destroy or otherwise trespass upon any private property other than that of the person owning or harboring said animal. The owner of any animal which leaves droppings upon any property other than that of the owner's, including all public streets, alleys and sidewalks, shall be responsible to remove the droppings immediately. (b) It shall be unlawful to harbor, feed or keep horses, livestock or poultry in any district other than manufacturing, open space/agricultural or transitional urban development districts, overnight or for anything exceeding a temporary period of time. Existing uses of land involving the keeping of horses, cattle or poultry which are otherwise not permissible under this chapter shall be considered lawful nonconforming uses of land, provided said uses do not constitute nuisances under this Code. This provision shall not pertain to the keeping of chickens on a single-family residential property as permitted by Section 7-30 of Appendix B Unified Development Regulations. Section 3. Amendment. Section 6-21 of the City Code of the City of Faribault is hereby amended as follows: Sec Complaint by neighbor of location or condition of site where animal is kept Proceedings before animal control authority; notices of hearing; hearing; etc. In the event a neighbor protests the location or condition of the site where an animal is regularly or frequently kept on the premises of the person owning or harboring the animal, either in a coop or a pen or on a chain or leash, the neighbor may call the matter to the attention of the animal control authority and request a hearing. The animal control authority shall then arrange for an informal hearing at the city hall, shall place a written notice of the time, place and purpose of the meeting on the police department bulletin board or for matters related to prescribed grazing, keeping chickens or bee keeping, such notices shall be placed on the bulletin board at City Hall, and in all cases shall notify immediately the neighbors known to have an interest in the matter and the person owning or harboring the animal of the hearing. The animal control authority shall preside at such hearing and permit the persons present to express their views with reference to the situation. The hearing may be continued from time to time, if necessary, by the animal control authority. Section 4. Amendment. Section 6-36 of the City Code of the City of Faribault is hereby amended as follows: Sec Kennel license Required for owners of more than three adult animals. A kennel license shall be required for owners of more than three (3) adult animals; an adult animal means an animal over six (6) months of age. Chickens permitted by Section 7-30 of Appendix B Unified Development Regulations shall not count towards this maximum.

11 Ordinance 2017-XX Page 4 of 7 Section 5. Addition. Section 6-38 of the City Code of the City of Faribault is hereby added: Sec Keeping of Chickens on Detached Single-Family Residential Properties. A permit shall be required for the keeping of up to three (3) hen chickens on a detached single-family residential property. Applicants shall apply for a permit and following the regulations outlined in Section 7-30 of Appendix B Unified Development Regulations. Unless specifically noted, the provisions of Chapter 6 Animals and Fowl of the City Code shall apply to the keeping of chickens. Section 6. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following definitions: Chicken. A domesticated bird that serves as a source of eggs or meat. Coop. The structure for the keeping and housing of chickens. Hen. A female chicken. Rooster. A male chicken. Run. A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised. Section 7. Addition. Section 7-30 of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: Chickens on Single-Family Residential Properties (1) A permit is required for the keeping of any hen chickens on a single-family residential property. (a) To obtain a permit for the keeping of chickens, The applicant shall complete an application, pay the required application fee, and provide the following information: i. Site plan or property survey showing the proposed location of the chicken coop and run on the subject property. ii. Building plan of the proposed coop and run. (b) All initial permits shall expire on December 31 st of the following year after their issuance unless sooner revoked. Renewal permits shall expire on December 31 st of the second year following their issuance unless sooner revoked. An application for a renewal permit shall be filed with the City by November 30 th of the year the permit expires. (c) Any chicken coop and run authorized under this section may be inspected at any reasonable time by the City for evaluation of compliance.

12 Ordinance 2017-XX Page 5 of 7 (d) The permit may be terminated or not renewed for violation of these regulations following notice to the permit holder and an opportunity for an appeal in accordance with the process outlined in Chapter 2, Article 4 of the Unified Development Regulations. (e) The permit shall automatically terminate if the owner listed on the application moves. (f) A permit issued to a person whose premise is subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. (2) The owner of the chickens shall live on the property on which they are being kept. (3) No person shall keep more than three (3) total hen chickens. No roosters shall be allowed. (4) Chickens must be kept confined to the premises at all times and shall be secured inside of a shelter from sundown to sunrise each day to prevent nuisance noise and attracting predators. Chickens shall be properly protected from the weather and predators through a coop and have access to the outdoors in a run. All chicken coops and runs must meet the following requirements: (a) All structures, fencing, and electrical work associated with the coop and run must be consistent with building and zoning codes. (b) No more than one coop and one run is allowed per residential lot. (c) The coop and run must be located in the rear yard and outside of any drainage and utility easements. Coops and runs must be located at least 10 feet from any property line and 20 feet from a principal structure on an adjacent lot. Any coop or run shall also be setback at least 25 feet from a delineated wetland edge or the top of a bank of a pond, filtration basin, or infiltration basin. (d) All coops must provide at least four (4) square feet and no more than eight (8) square feet per chicken and must not exceed six (6) feet in height. (e) Coops shall be elevated between a minimum of 12 inches and a maximum of 36 inches above grade to ensure circulation beneath the coop. (f) Runs must provide at least six (6) square feet and no more than ten (10) square feet per chicken with fencing not exceeding six feet (6 ) in total height. Runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Runs must have a protective overhead netting to keep the chickens separated from other animals. Fencing shall be adequate to keep chickens in and predators out. (g) Coops and runs shall be screened from all adjacent properties and streets. Screening can include an existing structure, a four foot high solid fence, or a four foot high landscaped hedge. All fencing must meet the requirements of Chapter 6, Article 6 of the Unified Development Regulations. (h) The coop and run shall be removed from the property when chickens are no longer kept on the premises. (i) Chicken grains and feed must be stored in a rodent proof container.

13 Ordinance 2017-XX Page 6 of 7 (j) All animal waste (fecal matter, bedding, food, etc.) shall be properly stored and disposed of at least once per week. (5) Chickens over four weeks are not allowed to be located in any part of the principal dwelling, attached garage, detached garage, or accessory structure. (6) Eggs may not be sold on premise. (7) No slaughter of chickens or use of chickens for cockfighting is allowed within the City limits. (8) The owner of the chickens shall not permit the premises where the hen chickens are being kept to be or remain in an unhealthy, unsanitary, or noxious condition or to permit the property from being kept in a condition that noxious odors extend over adjacent private or public property. (9) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken disposal include offsite burial, offsite incineration or rendering, or offsite composting. (10) In order to assist in returning lost chickens to their owners, chickens kept in the City Limits shall be banded with said band to include an identification number listed on the City permit application containing the owner s address and phone number and kept on file in the City Planning and Zoning Division. Section 8. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (9) The keeping of chickens on a property with a detached single-family dwelling in compliance with Section Section 9. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (10) The keeping of chickens on a property with a detached single-family dwelling in compliance with Section Section 10. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (10) The keeping of chickens on a property with a detached single-family dwelling in compliance with Section Section 11. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following:

14 Ordinance 2017-XX Page 7 of 7 (10) The keeping of chickens on a property with a detached single-family dwelling in compliance with Section Section 12. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (9) The keeping of chickens on a property with a detached single-family dwelling in compliance with Section Section 13. Summary Publication. City staff shall have the following summary printed in the official City Newspaper: On, 2017, the Faribault City Council adopted Ordinance 2017-XX amending Chapter 6 Animals and Fowl and Appendix B Unified Development Regulations to allow the keeping of chickens on a single-family residential property if a permit is secured and regulations are followed. A printed copy of the ordinance is available for inspection during regular business hours at Faribault City Hall. Section 12. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to the Faribault City Charter First Reading:, 2017 Second Reading:, 2017 Published:, 2017 Faribault City Council ATTEST: Kevin F. Voracek, Mayor Brian J. Anderson, City Administrator

15 State of Minnesota County of Rice CITY OF FARIBAULT ORDINANCE 2017-XX AN ORDINANCE TO AMEND FARIBAULT CITY CODE CHAPTER 6 ANIMALS AND FOWL AND APPENDIX B UNIFIED DEVELOPMENT REGULATIONS AS IT RELATES TO BEEKEEPING WHEREAS, a number of residents have expressed a desire to keep honey bee hives at their homes for honey production for personal consumption and to provide a learning experience for young children and this request was presented to the City Council which agreed to consider ordinance amendments for this purpose and authorized an application; and WHEREAS, City Staff prepared the City s application and made a report to the Planning Commission (ZTA 3-17); and WHEREAS, the Planning Commission, on the 20 th day of March, 2017, following proper notice, held a public hearing regarding said request; and WHEREAS, following said public hearing, the Planning Commission recommended approval of the proposed ordinance amendments finding that the request is consistent with all of the required findings for a zoning text amendment as required by Section of the City s Unified Development Ordinance; and WHEREAS, the City Council, on the day of, 2017 at a regular public meeting received the staff report, recommendation and findings of the Planning Commission; and WHEREAS, the City Council hereby finds proposed ordinance amendment (to Chapter 6 of the City of Faribault Code of Ordinances) and zoning text amendment is appropriate with the following findings as required by Section of the City s Unified Development Ordinance: 1. Criteria: Whether the amendment is consistent with the applicable policies of the City s Land Use Plan.

16 Ordinance 2017-XX Page 2 of 6 Finding: The Land Use Plan supports a high quality of life for residents in the City and provides for appropriate land uses in residential areas. 2. Criteria: Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. Finding: The proposed amendment will be effective Citywide and will benefit all residents. 3. Criteria: Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. 4. Criteria: Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. Criteria: Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case is in response to an increased trend among Cities statewide which have adopted similar ordinances and regulations at the request of their citizens. NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS: Section 1. Addition. Section 6-39 of the City Code of the City of Faribault is hereby added: Sec Beekeeping. A permit shall be required for the keeping of honey bees. Applicants shall apply for a permit and following the regulations outlined in Section 7-30 of Appendix B Unified Development Regulations.

17 Ordinance 2017-XX Page 3 of 6 Section 2. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following definitions: Apiary. The assembly of one or more colonies of bees at a single location. Beekeeper. A person who owns or has charge of one or more colonies of bees. Beekeeping equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Hive. The receptacle inhabited by a colony that is manufactured for that purpose. Honey bee. All life stages of the common domestic honey bee, apis mellifera species. Nucleus colony. A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. Section 3. Amendment. Section 7-30 of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: Beekeeping (1) A permit is required for the keeping of honey bees. (a) The applicant shall complete an application, pay the required application fee, and provide a site plan or property survey showing the locations and distances of neighboring residences; the location of hives in relation to any property lines, sidewalks, alleys, and rights-of-way; and the location of any schools, licensed child care centers, and parks. (b) The applicant shall provide the certificate of completion from a honeybee keeping course from the University of Minnesota, Century College, or Three Rivers Park District. Applicants requesting consideration of a comparable course from another institution or instructor shall provide documentation regarding such course. (c) The applicant shall present proof of and maintain liability insurance in the amount of at least $100,000 covering damage that may be caused by the beekeeping activity. (d) All initial permits shall expire on December 31 st of the following year after their issuance unless sooner revoked. Renewal permits shall expire on December 31 st of the second year following their issuance unless sooner revoked. An application for a renewal permit shall be filed with the City by November 30 th of the year the permit expires. (e) The City shall have the right to inspect any apiary at any reasonable time for the purpose of ensuring compliance with this ordinance.

18 Ordinance 2017-XX Page 4 of 6 (f) The permit may be terminated or not renewed for violation of these regulations following notice to the permit holder and an opportunity for an appeal in accordance with the process outlined in Chapter 2, Article 4 of the Unified Development Regulations. (g) If as a result of the hearing process it is determined that the bees must be removed, the City shall give 30 days for such removal. If the order for removal has not been complied with, the City may remove or destroy the bees and charge the beekeeper with the cost thereof. Removal or destruction of bees shall be in consultation with the University of Minnesota Bee Lab or similar organization. As a result of the order for removal, the beekeeper shall not be allowed to have a permit for beekeeping for a period of 2 years on any property within the City. (h) The permit shall automatically terminate if the owner listed on the application moves. (i) A permit issued to a person whose premise is subject to private restrictions and/or covenants that prohibit the keeping of bees is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. (2) No bees shall be kept upon any land not owned by the keeper of such bees. (3) Honey Bee Colonies meeting the requirements of the UDC may be kept only on single-family residential property. No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: a. One half acre or smaller lot 2 colonies b. Larger than 1/2 acre but smaller than 3/4 acre lot 4 colonies c. Larger than 3/4 acre lot but smaller than 1 acre lot 6 colonies d. One acre but smaller than 5 acres 8 colonies e. Larger than 5 acres no restriction (4) If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation the portion of this ordinance limiting the number of colonies if he temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 30 days from the date acquired. (5) Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. (6) No person shall establish or maintain any hive or keep any bees on any premise within 20 feet of any occupied dwelling on an adjacent property or within 25 feet of any property line, sidewalk, alley, other public right of way measured from the nearest point on the hive to the property line. (7) No hive or bees shall be kept within 200 feet on any school, licensed child day care center, or playground. (8) Each beekeeper shall ensure that a convenient source of water is available within 10 feet of each of the colonies so long as colonies remain active outside of the hive.

19 Ordinance 2017-XX Page 5 of 6 (9) Each beekeeper shall enclose their property and/or the apiary with a latching fence at least 5 feet in height (10) For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. (11) A conspicuous sign identifying the site as housing bees shall be posted at entrance and exit point of all hive enclosures. (12) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. (13) No selling of honey permitted. Section 4. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (10) Beekeeping on a property with a detached single-family dwelling in compliance with Section Section 5. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (11) Beekeeping on a property with a detached single-family dwelling in compliance with Section Section 6. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (11) Beekeeping on a property with a detached single-family dwelling in compliance with Section Section 7. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (11) Beekeeping on a property with a detached single-family dwelling in compliance with Section Section 8. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (10) Beekeeping on a property with a detached single-family dwelling in compliance with Section 7-30.

20 Ordinance 2017-XX Page 6 of 6 Section 9. Summary Publication. City staff shall have the following summary printed in the official City Newspaper: On, 2017, the Faribault City Council adopted Ordinance 2017-XX amending Chapter 6 Animals and Fowl and Appendix B Unified Development Regulations to allow the beekeeping if a permit is secured and regulations are followed. A printed copy of the ordinance is available for inspection during regular business hours at Faribault City Hall. Section 10. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to the Faribault City Charter First Reading:, 2017 Second Reading:, 2017 Published:, 2017 Faribault City Council ATTEST: Kevin F. Voracek, Mayor Brian J. Anderson, City Administrator

21 State of Minnesota County of Rice CITY OF FARIBAULT ORDINANCE 2017-XX AN ORDINANCE TO AMEND FARIBAULT CITY CODE CHAPTER 6 ANIMALS AND FOWL AND APPENDIX B UNIFIED DEVELOPMENT REGULATIONS AS IT RELATES TO PRESCRIBED GRAZING WHEREAS, the City of Faribault wishes to authorize an environmentally sensitive and effective means of noxious weed control for areas difficult and often dangerous for people to access due to steep slopes and dense wooded overgrowth; and WHEREAS, City Staff prepared the City s application and made a report to the Planning Commission (ZTA 3-17); and WHEREAS, the Planning Commission, on the 20 th day of March, 2017, following proper notice, held a public hearing regarding said request; and WHEREAS, following said public hearing, the Planning Commission recommended approval of the proposed ordinance amendments finding that the request is consistent with all of the required findings for a zoning text amendment as required by Section of the City s Unified Development Ordinance; and WHEREAS, the City Council, on the day of, 2017 at a regular public meeting received the staff report, recommendation and findings of the Planning Commission; and WHEREAS, the City Council hereby finds proposed ordinance amendment (to Chapter 6 of the City of Faribault Code of Ordinances) and zoning text amendment is appropriate with the following findings as required by Section of the City s Unified Development Ordinance: 1. Criteria: Whether the amendment is consistent with the applicable policies of the City s Land Use Plan. Finding: The Land Use Plan guides supports ecological solutions to land management where possible.

22 Ordinance 2017-XX Page 2 of 6 2. Criteria: Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. Finding: The proposed amendment will be effective Citywide and will benefit all residents. 3. Criteria: Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. 4. Criteria: Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. Criteria: Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The zoning text amendment proposed in this case will not change the zoning classification of a particular property. NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS: Section 1. Amendment. The City Code of the City of Faribault Chapter 6, Section 6-16, is hereby amended to add the following definition: Prescribed Grazing shall mean the application of goats as a landscape management technique to control invasive or unwanted plant species at a specific location and specific intensity for a defined length of time. For purposes of this section, goats used for prescribed grazing purposes are not considered to be pets or livestock kept permanently or for long terms at a permitted site as regulated in Section 7-30 of the Unified Development Regulations, Appendix B, of the Faribault Code of Ordinances. Section 2. Amendment. The City Code of the City of Faribault Chapter 6, is hereby amended to add Prescribed Grazing as Section 6-26 and renumber the provision regarding Penalties to Section 27 as follows:

23 Ordinance 2017-XX Page 3 of 6 Sec Prescribed Grazing. Prescribed grazing as defined in this Chapter, shall be permitted upon issuance of a City permit and shall be conducted in accordance with regulations specified in Section 7-30 of the Unified Development Regulations, Appendix B of the Faribault Code of Ordinances. Sec Penalties. Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Section 3. Addition. Section 6-40 of the City Code of the City of Faribault is hereby added: Sec Prescribed Grazing. A permit (issued by the Planning and Zoning Division) shall be required for prescribed grazing in the City. A new permit shall be required for each allowed duration period and following the regulations specified in Section in 7-30, of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault. Section 4. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following definition: Prescribed Grazing. The application of goats as a landscape management technique to control invasive or unwanted plant species at a specific location and specific intensity for a defined length of time. For purposes of this section, goats used for prescribed grazing purposes are not considered to be livestock or agriculture uses. Section 5. Addition. Section 7-30 of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following standards: Prescribed Grazing. The following provisions apply to prescribed grazing: A. Intent. (Insert intent) B. Permitted zoning districts. Prescribed grazing is permitted in O, Open Space/Agricultural District, TUD, Transitional Urban Development District and shall be permitted on public property in all districts and institutional campuses as approved by the City Planner. Private properties eligible for a grazing permit shall be a minimum of 5 acres in area. C. Stocking rate limit. Stocking rate refers to the total number of grazing animals permitted on a property. There shall be no more than one prescribed grazing animal per 2,500 square feet of lot size at any time. Animals less than six months of age that accompany an adult female animal of the same species shall not be included in stocking rate calculations. Any stocking rate calculation that results in a fractional

24 Ordinance 2017-XX Page 4 of 6 unit amount shall be rounded down to the next whole number portion of the calculation to determine the number of allowable prescribed grazing animals allowed on site. D. Duration. On property less than two acres, prescribed grazing shall not be permitted for more than 30 consecutive days at a time on a property. No more than two permits for prescribed grazing may be issued per calendar year. There shall be a minimum of 60 consecutive days between the expiration of one permit and the issuance of the next. On property of two acres or more, the duration of prescribed grazing shall be as specified in the prescribed grazing permit. E. Proper enclosure. The prescribed grazing activity shall be fully and properly enclosed at all times. Proper enclosure refers to any combination of temporary or permanent fences or structures designed to prevent the escape of the prescribed grazing animals and to protect the prescribed grazing animals from the intrusion of other animals. All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent prescribed grazing animals from escaping over or under the enclosure(s). 1. Permanent fences and structures shall comply with the regulations for the zoning district in which the prescribed grazing is located and shall be permitted separately from the prescribed grazing activity. 2. Temporary fencing and structures for the sole purpose of enclosing prescribed grazing animals shall comply with the regulations for the zoning districts in which the prescribed grazing is located, and can be permitted in association with the prescribed grazing activity. Temporary fences may be electric or electrified as specified in this ordinance. F. Animal welfare. The welfare of the prescribed grazing animals must be ensured by the owners of the prescribed grazing animals. 1. Supervision. A 24-hour contact must be provided to the Community and Economic Development Department for someone who can take responsibility for removing the prescribed grazing animals as required in a timely manner. 2. Health. Prescribed grazing animals must receive proper veterinary treatment and regular deworming. In the event that a prescribed grazing animal becomes ill, hurt, or perishes, the owner of the prescribed grazing animal(s) must provide immediate on-site care or remove the animal(s) from the property promptly if immediate on-site care cannot be provided. 3. Neutering. Male goats used for prescribed grazing must be neutered. Male goats less than six months of age that accompany an adult female goat shall be exempt from the neutering requirement. G. Supplemental feed. Any feed for the prescribed grazing animals must be securely stored so as not to encourage vermin or other pests. H. Environmental management. Prescribed grazing shall be permitted within environmentally sensitive areas, as determined by the City or other authorized agency, provided all of the following conditions are met: 1. Compliance with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Rice County Soil and Water Conservation District, and all other pertinent agencies.

25 I. Signage. Ordinance 2017-XX Page 5 of 6 2. No impairment of the quality of the water as defined by the Federal Clean Water Act. 3. Compliance with all applicable regulations promulgated by Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Rice Soil and Water Conservation District, all state laws, and all federal laws, including the best management practices established by the Natural Resources Conservation Service. 1. Electric fences. Any electric or electrified fence in association with a prescribed grazing activity must have a warning sign posted on every boundary of the enclosure at least every 50 feet along each side of the fence. The warning signs shall not exceed four square feet in sign area, must be clearly visible on the approach to the fence, and be posted on or within one foot of said fence. 2. Notice. A single sign, not to exceed four square feet in size and not to exceed four feet in height if freestanding, shall be erected and visible from the nearest public right-of-way, but not in the public right-of-way, for the duration of the prescribed grazing activity with the prescribed grazing permit number for the issued permit and the phone number for the 24-hour contact for the prescribed grazing animals. J. Prescribed grazing permit. A prescribed grazing permit shall be required for each prescribed grazing duration. Section 6. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (11) Prescribed grazing in compliance with Section Section 7. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (12) Prescribed grazing in compliance with Section Section 8. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (13) Prescribed grazing in compliance with Section Section 9. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following: (12) Prescribed grazing in compliance with Section Section 10. Amendment. Section of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault is hereby amended to add the following:

26 Ordinance 2017-XX Page 6 of 6 (11) Prescribed grazing in compliance with Section Section 11. Summary Publication. City staff shall have the following summary printed in the official City Newspaper: On, 2017, the Faribault City Council adopted Ordinance 2017-XX amending Chapter 6 Animals and Fowl and Appendix B Unified Development Regulations to allow the prescribed grazing if a permit is secured and regulations are followed. A printed copy of the ordinance is available for inspection during regular business hours at Faribault City Hall. Section 12. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to the Faribault City Charter First Reading:, 2017 Second Reading:, 2017 Published:, 2017 Faribault City Council ATTEST: Kevin F. Voracek, Mayor Brian J. Anderson, City Administrator

27 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Chapter 6 ANIMALS AND FOWL [1] ARTICLE I. - IN GENERAL ARTICLE II. - ANIMALS FOOTNOTE(S): --- (1) --- Cross reference Board of health, et seq.; disposition of dead animals on private property, (Back) State Law reference Animals: Estrays, doing damage, at large and cruelty, M.S. Ch. 346; dogs, M.S. Ch. 347; authority of city council in statutory city to regulate the keeping of animals, to restrain their running at large, to authorize their impounding and sale or summary destruction, and to establish pounds, M.S , subd. 21. (Back) ARTICLE I. IN GENERAL Secs Reserved. Secs Reserved. ARTICLE II. ANIMALS [2] DIVISION 1. - GENERALLY DIVISION 2. - LICENSES AND REGISTRATIONS DIVISION 3. - IMPOUNDING DIVISION 4. - RABIES CONTROL DIVISION 5. - DANGEROUS AND POTENTIALLY DANGEROUS DOGS DIVISION 6. - NONDOMESTIC ANIMALS FOOTNOTE(S): DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 1

28 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL --- (2) --- Editor's note Ord. No , 1, adopted Dec. 22, 2009, amended art. II in its entirety as set out herein. The former art. II pertained to similar subject matter and derived from the Code of 1971, 6-16, , , 6-35; Ord. No , 1, adopted Feb. 8, 1983; Ord. No , 1, adopted April 22, 1986; Ord. No , 1, adopted Dec. 8, 1987; Ord. No , 1, 2, adopted Nov. 12, 1996; Ord. No , 1, adopted Aug. 12, (Back) DIVISION 1. GENERALLY Sec Definitions. Sec Roaming at large prohibited. Sec Prolonged, habitual barking, noise; declared a nuisance; duty to restrain, confine. Sec Pens; unsanitary conditions; location or relocation. Sec Animal sanitation; owner's responsibilities. Sec Complaint by neighbor of location or condition of site where animal is kept Proceedings before animal control authority; notices of hearing; hearing; etc. Sec Same Written order of animal control authority; hearing de novo by city administrator; review of order of the animal control authority; order on review. Sec Same Objection to order of city administrator; hearing at city council meeting; evidence that may be presented; determination by city council final; judicial review. Sec Voluntary relinquishment of ownership of an animal. Sec Disposal of dead domestic animals. Sec Penalties. Secs Reserved. Sec Definitions. For the purposes of this article, the following words, terms and phrases shall have the following meanings respectively ascribed to them in this section: Animal shall mean dogs, cats, horses, birds, including fowl and poultry, or other domesticated birds or animals, which are harbored, fed or kept by any person or group of persons. Animal control authority shall mean the city chief of police or his or her designee or in matters related to prescribed grazing, the keeping of chickens, or bee keeping the animal control authority shall mean the Community and Economic Development Director or his or her designee. Animal shelter shall mean any appropriate facility designated by the city for animal control purposes. At large shall mean off the premises of the owner and not under the control of the owner or a member of his or her immediate family or some other competent person either by leash or otherwise. Bite shall mean puncturing or marking the skin of a human or animal. Dangerous dog shall mean any dog that has: (1) Without provocation, inflicted substantial bodily harm on a human being on public or private property; DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 2

29 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL (2) Killed a domestic animal without provocation while off the owner's property; or (3) 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. Dangerous dog review board shall mean a three-member panel appointed by the city council, of which one of the members shall be a local veterinarian. Great bodily harm shall mean 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. Nondomestic animal shall mean any wild animal, reptile, or fowl which is not naturally tame but is of a wild nature or disposition or which, because of its size or other characteristics, would constitute a danger to human life or property. Owner shall mean any person, firm, corporation, organization, or department possessing, having an interest in, keeping, harboring, or having care, custody, or control of an animal. Potentially dangerous dog shall mean any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Prescribed Grazing shall mean the application of goats as a landscape management technique to control invasive or unwanted plant species at a specific location and specific intensity for a defined length of time. For purposes of this section, goats used for prescribed grazing purposes are not considered to be pets or livestock kept permanently or for long terms at a permitted site as regulated in Section 7-30 of the Unified Development Regulations, Appendix B, of the Faribault Code of Ordinances. Proper enclosure shall mean securely confined indoors or in a securely enclosed and locked coop or pen or structure suitable to prevent the animal from escaping and providing protection from the elements. A dog pen or run must be set back from all property lines a minimum of ten (10) feet. A dog pen or run must have a secure top and a hard surface floor to which the sides are secured. The door or gate of a pen or run must be secured with a combination or keyed lock. A proper enclosure does not include a porch, patio, or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Provocation shall mean an act that an adult could reasonably expect that may cause a dog to attack or bite. Substantial bodily harm shall mean bodily injury which involves a temporary but subsequent 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. Sec Roaming at large prohibited. It shall be unlawful for the owner of any animal to permit such animal to roam at large in the city. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 3

30 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Prolonged, habitual barking, noise; declared a nuisance; duty to restrain, confine. (a) Nuisance animal noise. No person owning, operating, having charge of, or occupying any building or premises shall keep or allow to be kept any animal which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including the animal control officer or a law enforcement officer, from a location outside of the building or premises where the animal is being kept and which animal 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. (b) Animals in estrus shall be confined by the owner in a building or enclosure to ensure no contact with another animal except for planned breeding. Sec Pens; unsanitary conditions; location or relocation. (a) Keeping animal pens in the city in an unclean condition so that they are unsightly or emit foul odors is declared a nuisance and prohibited. (b) Pens in the city located in close proximity to occupied neighboring property, when the pen could be reasonably located elsewhere on the premises of the person owning or harboring an animal that occupies such pen, is also declared a nuisance and prohibited. Sec Animal sanitation; owner's responsibilities. (a) It shall be unlawful to permit an animal to damage, destroy or otherwise trespass upon any private property other than that of the person owning or harboring said animal. The owner of any animal which leaves droppings upon any property other than that of the owner's, including all public streets, alleys and sidewalks, shall be responsible to remove the droppings immediately. (b) It shall be unlawful to harbor, feed or keep horses, livestock or poultry in any district other than manufacturing, open space/agricultural or transitional urban development districts, overnight or for anything exceeding a temporary period of time. Existing uses of land involving the keeping of horses, cattle or poultry which are otherwise not permissible under this chapter shall be considered lawful nonconforming uses of land, provided said uses do not constitute nuisances under this Code. Sec Complaint by neighbor of location or condition of site where animal is kept Proceedings before animal control authority; notices of hearing; hearing; etc. In the event a neighbor protests the location or condition of the site where an animal is regularly or frequently kept on the premises of the person owning or harboring the animal, either in a coop or a pen or on a chain or leash, the neighbor may call the matter to the attention of the animal control authority and request a hearing. The animal control authority shall then arrange for an informal hearing at the city hall, shall place a written notice of the time, place and purpose of the meeting on the police department bulletin board or for matters related to prescribed grazing, keeping chickens or bee keeping, such notices shall be placed on the bulletin board at City Hall, and in all cases shall notify immediately the neighbors known to have an interest in the matter and the person owning or harboring the animal of the hearing. The animal DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 4

31 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL control authority shall preside at such hearing and permit the persons present to express their views with reference to the situation. The hearing may be continued from time to time, if necessary, by the animal control authority. Sec Same Written order of animal control authority; hearing de novo by city administrator; review of order of the animal control authority; order on review. (a) Within ten (10) days after the hearing under section 6-21 of this division has been concluded, the animal control authority shall issue a written order in the matter, specifying the conditions under which the animal and pen may be kept so as not to constitute an objectionable nuisance to neighbors. Copies of the order shall be sent to the party or parties who brought the situation to the attention of the animal control authority and to the owner or persons harboring the particular animal. (b) If the neighbor who made the complaint or the person owning or harboring the animal objects to the order of the animal control authority, that person may then request the city administrator to hold a de novo hearing and the administrator may affirm, modify or add to the written order issued by the animal control authority. Sec Same Objection to order of city administrator; hearing at city council meeting; evidence that may be presented; determination by city council final; judicial review. If the neighbor who made the complaint or the person owning or harboring the animal objects to such order after the matter has been heard by the city administrator and his or her order has been issued, that person may place the matter on the agenda of a city council meeting for hearing. At that hearing the parties shall have the right to be represented by their own legal counsel and may testify themselves or through witnesses and may offer evidence generally acceptable in a court of law. The determination of the city council at the conclusion of that hearing shall be final, unless the matter is appealed to a court having jurisdiction. Sec Voluntary relinquishment of ownership of an animal. (a) The owner of an animal, upon furnishing a written consent and release to the animal control authority and proof of ownership of the animal, may voluntarily relinquish ownership of the animal that has been impounded by the city. In such case the city may dispose of the animal or send the animal to an organization so that it can be adopted. Costs of disposing or transporting the animal shall be paid by the city except for a fee which shall be set up by council resolution that shall be paid by the owner. In case of large animal such as livestock, the animal control authority shall set a reasonable fee so as to cover the costs incurred. (b) Abandonment of animals is illegal. Sec Disposal of dead domestic animals. The animal control authority shall pick up and dispose of dead domestic animals which he or she finds within the city and shall record a description of each. If the dead animal displays a license, the animal control authority shall make a reasonable effort to advise the owner that the animal is dead. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 5

32 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Prescribed Grazing. Prescribed grazing as defined in this Chapter, shall be permitted upon issuance of a City permit and shall be conducted in accordance with regulations specified in Section 7-30 of the Unified Development Regulations, Appendix B of the Faribault Code of Ordinances. Sec Penalties. Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Secs Reserved. DIVISION 2. LICENSES AND REGISTRATIONS Sec Kennel license Required for owners of more than three adult animals. Sec Same Duration; when due and payable, where purchased. Secs Reserved. Sec Kennel license Required for owners of more than three adult animals. A kennel license shall be required for owners of more than three (3) adult animals; an adult animal means an animal over six (6) months of age. Sec Same Duration; when due and payable, where purchased. Kennel licenses issued under this division shall be due and payable by the last day of January in the year the license is due to expire. They may be purchased at the office of the city administrator. Kennels shall be regulated according to state statutes. Sec Keeping of Chickens on Detached Single-Family Residential Properties. A permit (issued by the Planning and Zoning Division) shall be required for the keeping of up to three (3) hen chickens on a detached single-family residential property. Applicants shall apply for a permit and following the regulations outlined in Section 7-30 of Appendix B Unified Development Regulations. Unless specifically noted, the provisions of Chapter 6 Animals and Fowl of the City Code shall apply to the keeping of chickens. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 6

33 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Beekeeping. A permit (issued by the Planning and Zoning Division) shall be required for the keeping of honey bees. Applicants shall apply for a permit and following the regulations outlined in Section 7-30 of Appendix B Unified Development Regulations. Sec Prescribed Grazing. A permit (issued by the Planning and Zoning Division) shall be required for prescribed grazing in the City. A new permit shall be required for each allowed duration period and following the regulations specified in Section in 7-30, of the Unified Development Regulations, found in Appendix B of the City Code of the City of Faribault. Secs Reserved. DIVISION 3. IMPOUNDING Sec Generally. Sec Capturing animals; use of tranquilizer gun. Sec Notice to owner and redemption; removal of abused or neglected animal. Sec Charges. Sec Seriously injured animals. Sec Disposition of unclaimed or infected animals. Sec Animal shelter standards. Secs Reserved. Sec Generally. (a) It shall be the duty of the animal control authority to capture any animal found running at large in the city and to impound such animal in the animal shelter. (b) The animal control authority shall notify the animal's owner in writing of the impoundment, either by personal delivery or by U.S. Mail. If the owner cannot be found, notice shall be posted for five (5) days at city's police department. If the animal's owner does not claim the animal within five (5) days of the date of the notification or posting, the animal control authority may dispose of the animal in a proper and humane manner or send the animal to an organization so that it may be adopted. The animal's owner shall be responsible for all impounding, transportation and destruction costs. Sec Capturing animals; use of tranquilizer gun. As to animals which cannot be captured by usual means, the animal control authority may make use of a tranquilizer gun of an accepted type, the use of which does not violate any law. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 7

34 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Notice to owner and redemption; removal of abused or neglected animal. (a) Not later than three (3) days after the impounding of any abused or neglected animal, the abused or neglected animal's owner shall be notified in writing of the impoundment, either by personal delivery or by U.S. mail. If the owner cannot be found, notice shall be posted for five (5) days at the city police department. If the animal's owner does not claim the animal within five (5) days of the date of the notification or posting, the animal control authority may dispose of the animal in a proper and humane manner or send the animal to an organization so that it can be adopted. The owner of the animal shall be responsible for paying all impounding, transportation and destruction costs. (b) The animal control authority shall be allowed to enter private property for the purpose of removing abused or neglected animals. Sec Charges. The charges to be paid to by the owner to the animal control authority for impounding any animal shall be set by council resolution. Sec Seriously injured animals. (a) In the event the animal control authority impounds a seriously injured animal which displays identification, the animal control authority shall notify the owner, and the owner shall have the opportunity to select the veterinarian of his or her choice in or within three (3) miles of the city and to assist in arranging to have the animal control authority take the animal to such veterinarian or veterinary clinic, where the animal shall be treated at the expense of such owner. The owner shall have two (2) hours in which to respond to such request and to assist in making arrangements. If the owner fails to make the arrangements within the two-hour period prescribed, then the animal may be destroyed summarily by the animal control authority so as to relieve the animal of its pain and suffering. (b) If the animal which is impounded by the animal control authority is not identifiable, the animal control authority shall have discretion to destroy the injured animal summarily, without notice, to prevent further pain and suffering. (c) If the owner of a seriously injured, identifiable animal cannot be found promptly after the animal is impounded, the animal control authority shall have discretion to have a veterinarian give care to the animal for up to forty-eight (48) hours at the owner's expense or to have it disposed of by humane means if that handling appears essential. (d) The city shall have no obligation at any time to pay for the treatment of any injured animal. Sec Disposition of unclaimed or infected animals. (a) It shall be duty of the animal control authority to keep all impounded animals for a period of at least five (5) days, unless they are redeemed under this division. If at the expiration of five (5) days from the date of notice to the owner such animal shall not have been redeemed, it may be destroyed by or under the supervision of the animal control authority. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 8

35 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL (b) The animal control authority may sell unclaimed animals which are not rabid, for prices it deems reasonable, to third parties, and shall report and turn the proceeds of such sales over to the city. Sec Animal shelter standards. The city animal shelter shall equal or exceed the standards required by applicable law. Secs Reserved. DIVISION 4. RABIES CONTROL Sec Vaccination required. Sec Vaccination tag; proof of vaccination. Sec Rabies. Secs Reserved. Sec Vaccination required. It is unlawful to own, keep or harbor any dog or cat over the age of four (4) months which has not been vaccinated against rabies by a veterinarian qualified to practice in the State of Minnesota. Sec Vaccination tag; proof of vaccination. (a) A vaccination tag with the vaccination number of the dog or cat shall be affixed by a permanent metal fastening to the collar of the vaccinated animal in such manner that the tag is clearly visible. The animal must wear the tag at all times. (b) Proof of vaccination. If a dog or cat is observed without a tag as required above, the animal control authority may request proof of vaccination which must be provided within ten (10) days by the owner. Proof of vaccination must be in the form of documentation from a veterinarian and must clearly identify the date of the vaccination and the animal that was vaccinated. Sec Rabies. (a) An animal suspected of having rabies, or which has been bitten by an animal that is suspected to have rabies, must be quarantined by being placed in the custody of a licensed veterinarian or a licensed animal boarding facility within the immediate area of the city at the expense of the owner in accordance with the rules of the Minnesota Board of Animal Health, Minnesota Rules A domestic animal with a current rabies vaccination may be quarantined at the owner's residence, provided that the animal cannot escape and measures are taken by the owner to prevent the animal from coming into contact and biting persons or other animals. The owner must provide the animal control authority with DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 9

36 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL proof of vaccination by the next business day after the quarantine commenced. Before the animal is released from quarantine, it must be inspected and deemed healthy by a licensed veterinarian. Proof of this inspection must be delivered to the animal control authority on the first business day following the inspection. If no proof of a current rabies vaccination has been provided to the animal control authority, the animal must be vaccinated and proof of the vaccination must be provided prior to the animal being released from quarantine. (b) Any animal that bites a human shall be confined in the custody of a licensed veterinarian or a licensed animal boarding facility within the immediate area of the city at the expense of the owner and observed for signs suggestive of rabies for ten (10) days or euthanized and tested for rabies at the expense of the owner. A domestic animal with a current rabies vaccination may be quarantined at the owner's residence, provided that the animal cannot escape and measures are taken by the owner to prevent the animal from coming into contact and biting persons or other animals. If the animal is confined to the owner's residence, the animal must be inspected and deemed healthy by a licensed veterinarian, prior to being released from quarantine. Proof of this inspection must be delivered to the animal control authority on the first business day following the inspection. In the event that the animal dies during tenday observation period, it must be tested for rabies at the expense of the owner. If the animal shows signs suggestive of rabies during the ten-day observation period, it must be euthanized and tested for rabies at the expense of the owner. Animals that are not claimed by any owner will be euthanized and tested after a five-day holding period. Secs Reserved. DIVISION 5. DANGEROUS AND POTENTIALLY DANGEROUS DOGS Sec Designation as dangerous or potentially dangerous dog. Sec Obligations of dangerous and potentially dangerous dog owners. Sec Seizure of dangerous dogs. Sec Destruction of dangerous or potentially dangerous dogs. Sec Dangerous dog review board. Sec Misdemeanor. Sec Exemption. Sec Reserved. Sec Designation as dangerous or potentially dangerous dog. The animal control authority shall designate a dog as dangerous or potentially dangerous upon receiving evidence that the dog has engaged in behavior that meets the definition of a "dangerous dog" or "potentially dangerous dog" pursuant to the definitions set forth in this article. The animal control authority shall notify the dog's owner in writing of this designation pursuant to Minnesota Statutes Section The notification shall include the information required by Minnesota Statutes Section DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 10

37 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Obligations of dangerous and potentially dangerous dog owners. (a) Dangerous dogs. (1) Registration. The owner of a dog designated as dangerous by the animal control authority shall, within fourteen (14) days of the date of notice of the designation, register the dog with the city. Annual registration is required for as long as the dog is alive or until the dog is determined by the animal control authority to no longer be dangerous. The owner shall permit the animal control authority to inspect the dog and its living arrangements, if deemed necessary by the animal control authority. Upon registration, the owner must present sufficient evidence that: a. A proper enclosure exists for the dangerous dog; b. There are clearly visible warning signs posted on the front and rear of the premises that inform that there is a dangerous dog on the property that include the uniform warning symbol; c. A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog has been obtained by the owner; and d. A microchip has been implanted in the dog for identification purposes. The owner must provide the animal control authority with the name of the microchip manufacturer and the identification number of the microchip. (2) Annual fee and review. If all of the required information has been provided by the owner, the animal control authority shall issue a certificate of registration for the dog. Upon issuance of the certificate of registration, the owner must pay to the city an annual registration fee of two hundred fifty dollars ($250.00). Beginning six (6) months after a dog is designated as dangerous, the owner may request annually that the animal control authority review the designation. If the appeal concerns the designation of a dog as dangerous, the owner must provide evidence that the dog's behavior has changed due to its age, neutering, environment, completion of obedience training that includes modification of aggressive behavior or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, he or she may rescind the dangerous dog designation. (3) Additional requirements. The owner of a dangerous dog must comply with the following requirements: a. The dangerous dog must be kept in a proper enclosure while on the owner's property. If the dog is outside of the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash that is no more than three (3) feet in length and under the physical restraint of a person at least sixteen (16) years of age who is capable of physically controlling the dog. The muzzle must be of such a design that it will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration. b. The owner must notify the animal control authority in writing of the death of the dog or its transfer to a new location where the dog will reside within thirty (30) days of transfer or death and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address and telephone number of the person to whom the dog was transferred or the address to where the dog has been relocated. c. The dog must be sterilized. If the owner does not have the dog sterilized within thirty (30) days of registration, the animal control authority shall seize the dog and have it sterilized at the owner's expense. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 11

38 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL d. If the owner rents property from another where the dog will be kept, he or she must disclose to the property owner prior to entering into the lease agreement and at the time of any lease renewal that he or she owns a dangerous dog that will reside at the property. e. If ownership of the dog is transferred to another, the previous owner must notify the new owner that the city has designated the dog as a dangerous dog. The previous 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. f. The dog must have an easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol that is affixed to the dog's collar at all times. (b) Potentially dangerous dogs. The owner of a dog that is designated by the animal control authority as a potentially dangerous dog shall maintain the dog under restraint by a responsible person capable of controlling the dog by the use of a leash not exceeding six (6) feet in length at all times when the dog is off the owner's premises. When the dog is on the owner's premises, it must be kept indoors, on a leash or chain not exceeding six (6) feet in length or within a fenced enclosure sufficient to keep the dog within. The owner of a potentially dangerous dog shall also be required to implant a microchip in the dog for identification purposes and must provide the animal control authority with the name of the microchip manufacturer and the identification number of the microchip. Sec Seizure of dangerous dogs. (a) The animal control authority shall immediately seize any dangerous dog if: (1) The owner has received notice from the animal control authority that the dog has been designated as dangerous and has not registered the dog within fourteen (14) days of the date of the notice; (2) The owner does not secure the proper liability insurance coverage or surety; (3) The dog is not kept within a proper enclosure; (4) The dog is outside the proper enclosure and not under the physical restraint of a responsible person as required by this article; or (5) The dog is not sterilized within thirty (30) days of registration. (b) A dangerous dog seized under this section may be reclaimed by the owner upon payment of impounding and boarding fees and presenting proof to the animal control authority that the requirements of this article will be met. A dog not reclaimed under this section within seven (7) days may be disposed of and the owner shall be responsible for paying all costs incurred by the animal control authority in confining and disposing of the dog. (c) If the owner of the dangerous dog has been convicted of a misdemeanor for violating a provision of Minnesota Statutes Sections , or , and the owner is charged with a subsequent violation relating to the same dog, the animal control authority shall seize the dog. If the owner is not convicted and the dog is not reclaimed by the owner within seven (7) days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided in this section. Sec Destruction of dangerous or potentially dangerous dogs. A dog may be destroyed in a proper and humane manner by the animal control authority if the dog: (1) Inflicted substantial or great bodily harm on a human on public or private property without provocation; DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 12

39 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL (2) Inflicted multiple bites on a human on public or private property without provocation; (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 dog participated in the attack. The animal control authority shall notify the owner in writing of his or her intent to destroy the dog pursuant to this section. The animal control authority must not destroy the dog until the dog owner has had the opportunity for a hearing before the dangerous dog review board. If the owner does not request a hearing within ten (10) days of the date of the destruction notice, the animal control authority may order the dog to be destroyed and shall serve or deliver a copy of the destruction order to the owner. Sec Dangerous dog review board. (a) An owner may appeal a decision of the animal control authority by requesting a hearing before the dangerous animal review board for a review of the decision. The request must be filed in writing with the chief of police within ten (10) days of the date of any notice of designation, seizure or destruction. (b) Pending a decision on appeal, the owner shall maintain the dog in a proper enclosure and otherwise comply with the provisions regarding restraint and muzzling of a dangerous dog. (c) The hearing on an appeal concerning seizure or destruction shall be held before the dangerous dog review board, which shall set a date for hearing not more than three (3) weeks after that date that the chief of police received the demand for a hearing. An appeal concerning the designation of a dog as dangerous must be heard within fourteen (14) days of the date that the chief of police received the demand. The records of the animal control authority and the city shall be admissible for consideration by the board without further foundation. After considering all evidence pertaining to the animal, the board shall make such order as it deems proper. The board's decision must be issued within ten (10) days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical. If the board upholds a determination that the dog is to be destroyed, the owner shall immediately make the animal available to the animal control authority. (d) In the event that a dangerous dog designation is upheld by the dangerous dog review board, the actual expenses of the hearing up to one thousand dollars ($1,000.00) shall be the responsibility of the dog's owner. Sec Misdemeanor. Any person convicted of violating this division shall be subject to the penalties specified by state statute. Sec Exemption. Dogs owned and controlled by local, state and federal law enforcement agencies that are used in law enforcement or related activities and service animals which are individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability are exempt from the provisions of this division. A dog may not be declared dangerous if the threat, injury or damage was sustained under the conditions set forth in Minnesota Statutes Section , Subdivision 5. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 13

40 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Reserved. DIVISION 6. NONDOMESTIC ANIMALS Sec Keeping or harboring prohibited. Sec Sale prohibited. Sec Exceptions. Sec Impoundment. Sec Violation. Sec Keeping or harboring prohibited. No person shall keep, maintain or harbor within the city any of the following animals: (1) Any animal or species, the keeping of which is prohibited by state or federal law. (2) Any nondomestic animal or species, including, but not limited to, the following: a. Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies; b. Any large cat of the family Felidae, such as lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats; c. Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domestic dogs; d. Any crossbreed, such as the crossbreeds between dogs and coyotes, or dogs and wolves, but does not include crossbred domestic dogs; e. Any poisonous pit viper, such as a rattlesnake, coral snake, water moccasin or cobra; f. Any raccoon; g. Any ferret which has not been vaccinated for rabies; h. Any monkey or other primate; and i. Any other animal which is not listed explicitly above but which can be reasonably defined by the terms in section 6-16 of this chapter, including bears and badgers. Sec Sale prohibited. No person shall offer for sale, within the city limits, any animal prohibited in section 6-79 of this division. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 14

41 - CODE OF ORDINANCES Chapter 6 ANIMALS AND FOWL Sec Exceptions. The following are excepted from the prohibition in section 6-79: (1) Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards, and similar small animals capable of being maintained continuously in cages, provided that the manner of keeping does not constitute a nuisance; (2) Disabled persons keeping monkeys trained as household helpers; (3) Traveling exhibitions which keep wild animals for exhibition or show, provided that the person, traveling circus, zoo or show has obtained a state permit or is exempt from such requirement pursuant to Minnesota Statutes Section 97A-.041, and provided that such animals are not kept in the city more than fourteen (14) days per year; (4) Animals in the custody of licensed veterinarians; and (5) Falcons and other birds of prey kept by state and federally licensed falconers. Sec Impoundment. Any nondomestic animal kept in violation of this division may be impounded by the city, and, after being so impounded for three (3) days or more without being reclaimed by the owner, may be destroyed or sold. Any person reclaiming any such impounded animal shall pay the costs of impounding and keeping the same. Sec Violation. Violation of any provision of this division shall be a misdemeanor. DRAFT: March 17, 2017 Faribault, Minnesota, Code of Ordinances Page 15

42 528-1 PRESCRIBED GRAZING - USDA Natural Resources Conservation Service -practice code 528 PRACTICE INTRODUCTION PRACTICE NAME Prescribed grazing is the controlled harvest of vegetation with grazing animals, managed with the intent to achieve a specific objective. PRACTICE INFORMATION This practice may be applied on all lands where grazing and/or browsing animals are managed. Removal of herbage by the grazing animals is in accordance with production limitations, plant sensitivities and management goals. Frequency of defoliations and season of grazing is based on the rate of growth and physiological condition of the plants. Duration and intensity of grazing is based on desired plant health and expected productivity of the forage species to meet management objectives. In all cases enough vegetation is left to prevent accelerated soil erosion. Application of this practice will manipulate the intensity, frequency, duration, and season of grazing to: 1. Improve water infiltration 2. Maintain or improve riparian and upland area vegetation 3. Protect stream banks from erosion 4. Manage for deposition of fecal material way from water bodies 5. Promote ecological and economically stable plant communities which meet landowner objectives A prescribed grazing schedule will be prepared for all fields and pastures and recorded in a manner that is readily understood and useable by the decision maker. The grazing schedule should include the following information: 1. Expected forage quality and quantity for all lands providing forage. 2. Numbers and kinds of animals utilizing available forage on the unit. 3. Inventory of all sources of forage and supplemental feed including documentation of surpluses and deficiencies. 4. A planned grazing schedule for livestock showing periods of grazing, rest, and other activities for all fields and pastures included in the grazing plan. 5. A contingency plan that details potential climatic problems and a guide for adjusting to insure proper management of forage resources. ADDITIONAL INFORMATION INCLUDING PRACTICE SPECIFICATIONS IS AVAILABLE IN THE LOCAL NRCS FIELD OFFICE TECHNICAL GUIDE. NATURAL RESOURCES CONSERVATION SERVICE Conservation practice standards are reviewed periodically and updated if needed. To obtain the current version of this standard, contact your Natural Resources Conservation Service State Office or visit the Field Office Technical Guide. NRCS, NHCP September 2010