10-22-2001 Council Minutes - Laserfiche WebLink

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U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #19 — Amendment to Animal Regulations, Continued), Sansevere moved, Nygard seconded, to approve and adopt ORDINANCE NO. 208, Second Series, an Ordinance Amending the Orono Municipal Code, Section 5.36 "Kennels" and Section 9.12, "Dog Regulation and Licensing" to Include Regulations Requiring Kennel Licensing for Cats. John Hollander, 200 Hollander Road, stated there are some contradictions within the ordinance. Hollander stated he is in favor of doing something with the ordinance, but in his view all the changes should be made at one time. Hollander stated there are presently no definitions relating to the cats and so forth in this ordinance. Hollander stated he also has some objections to the ordinance. Hollander stated accessory residential use is mentioned, which is unclear. Hollander stated when Holly Acre Subdivision Third was completed, there was an existing garage and kennel area, which was approved by the Council in 1987, for the purpose of housing cats and dogs. Hollander stated he also has some concerns regarding the ordinance if it is intended to refrain him from keeping any cats, which would be a violation of law. Hollander stated the language in Section 3, Subdivision 4, which deals with kennel licenses, cannot be made retroactive to apply to himself since that too would be a violation of State Statute. • Hollander stated he also has concerns with the proposed amendment because of its vagueness, and recommended Staff look at the Animal Companion Welfare Act, which is more specific. Hollander indicated he would like the City to consider adopting that ordinance as a part of this, which in his view would be very beneficial. Hollander suggested the amendment to the zoning code be tabled to allow Staff time to review the State Ordinance. Hollander stated in its present form he would object to the ordinance. • Flint stated he did review the proposed document very carefully earlier today, and in his opinion the ordinance will work. Flint stated the proposed ordinance does accomplish what the City wants to achieve, which is to regulate the number of animals that can be housed on any one property. Flint acknowledged that not every situation is completely spelled out in the ordinance, because whenever an animal is brought in, the Police Department works with the person to determine whether that animal is being appropriately cared for and whether it is a nuisance. Flint commented there are a number of issues that are taken into account every time an animal is brought in. Flint stated those types of issues are usually not built into the ordinance since it would result in an ordinance that is very restrictive. Flint pointed out Staff would like to work with the Police Department over the next couple of months on developing a more comprehensive ordinance. Flint commented those are not reasons for the Council not to approve this amendment. Hollander noted he did request a copy of the ordinance be sent to him as soon as it was available, which was never done. Hollander stated the first opportunity he had to review the document was at tonight's meeting. Hollander stated he is entitled under law to have an attorney review the proposed ordinance, which was denied to him in this case. PAGE 25