04-21-2025 - Agenda Packet Planning Commission - Packet

Home Browse Search

(b) Minimum requirements for domestic animals other than dogs. A custodian of any domestic animal which is kept outdoors or in an unheated enclosure shall provide a moisture-proof and windproof structure appropriate for the type of animal there housed, and shall be constructed in a workmanship-like manner to deter rodents and predators. (c) Screening. Visual screening in the form of a fence or live evergreen plantings shall be provided where the shelter for dogs or other domestic animals is readily visible from abutting properties. A shelter is readily visible if more than 50% of its horizontal length can be viewed from within a primary dwelling on an abutting lot. (i) Fences shall screen the maximum amount of the shelter possible while meeting other requirements of this code. (ii) Live plantings shall screen a minimum of 50% of the length and 50% of the height of the shelter at the time of planting. Plant materials shall be selected to screen the entire length and height of the shelter at full maturity. (d) Location. A shelter for a dog or other domestic animal shall not be placed closer than ten feet to any lot line or closer than 50 feet of any dwelling unit other than the owner’s . A shelter shall not be placed in the front yard of a residence or building. A shelter shall be situated closer to the domestic animal owner’s dwelling than to any of the neighboring dwellings. (e) Sanitation requirements. No person shall permit feces, urine or food scraps to remain in a shelter for a period that is longer than what is reasonable and consistent with proper health and sanitation, or odor prevention. (Ord. 2010-28, passed 11-1-2010) § 12.105 REGULATIONS REGARDING POTENTIALLY DANGEROUS ANIMAL. (a) Determination of potentially dangerous animal . A city animal control officer or other law enforcement official shall determine that an animal is a potentially dangerous animal if the officer believes, based upon the officer’s professional judgment, that an animal: (1) Has, when unprovoked, inflicted bites on a human or domestic animal on public or private property; (2) Has, when unprovoked, chased or approached a person , including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal owner’s property, in an apparent attitude of attack; or (3) Has known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals . (b) Notice of potentially dangerous animal . Upon a determination by a city animal control officer or other law enforcement official that an animal is potentially dangerous pursuant to state law or subsection (a) above, the city shall provide a notice of potentially dangerous animal (“notice”) to the owner of the animal by mailing or personally serving the owner of record, or by posting a copy of the notice at the place where the animal is kept, or by delivering it to a person of suitable age residing on that property. Service upon any owner shall be effective as to all owners . The notice shall include the following: (1) A description of the animal deemed to be potentially dangerous ; (2) The factual basis for that determination; (3) The identity of officer who has made the determination; (4) An order that the owner have a microchip implanted in the animal for identification and provide the city animal control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 30 days of the date of service; (5) An order that the owner provide the city animal control authority with written notice of any relocation of the animal from its current residence, providing any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (6) The criminal penalties for violation of the requirements pertaining to potentially dangerous animals ; (7) A statement informing the owner of the owner’s right to appeal the officer’s potentially dangerous animal determination within 14 days from the date of the notice was served in the manner set forth at subsection (c) below; (8) A statement informing the owner that failure to serve a timely appeal will terminate the owner’s right to a hearing under this section; (9) A statement that even if a timely appeal is made, the owner must nonetheless immediately comply with the requirements of subsection (d) below, except the requirement to microchip the animal, until such time as the administrative law judge issues an opinion; (10) A statement that in the event that the potentially dangerous animal determination is upheld by the administrative law judge, the actual expenses of the hearing, up to a maximum amount as set forth in City Code Appendix A, will be the responsibility of the owner ; (11) A statement that all the city’s actual costs of the care, keeping and disposition of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that an administrative law judge finds that the seizure or impoundment was not substantially justified by law; and (12) A form by which an owner may appeal the determination that the animal is potentially dangerous . 161