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HomeMy WebLinkAboutOrdinance No. 4191 - Animals ORDINANCE NO. 4191 AN ORDINANCE AMENDING AND REENACTING SECTIONS 106A.03, 106A.05, 106A.06, 106A.08, AND 106A.13, AND REPEALING SECTION 106A.07 OF THE ROCHESTER CODE OF ORDINANCES, REGULATING THE KEEPING OF ANIMALS IN THE CITY. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 106A.03 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 106A.03 Ownership Limits. Subdivision 1. No person shall keep nine or more multiple animals over the age of six months within any household in the City of Rochester. The term “multiple animals” means two or more cats, dogs or ferrets. Notwithstanding any provision to the contrary, no person shall keep six or more dogs over the age of six months within any household in the City of Rochester. These limits do not apply if a breeder’s permit is applied for and issued pursuant to section 106A.19. For the purposes of this section, the term "household" refers to a single family residence or single unit of a town home, condominium, apartment or comparable structure which is rented, leased or used as a single unit. This Section shall not be construed to limit the ability of apartment managers, landlords, town home associations or other representatives of property owners to impose greater restrictions. Subd. 2. Any person who owned six, seven or eight dogs prior to the effective date of this ordinance shall be permitted to keep those animals provided that those animals resided in that household and were properly licensed prior to November 15, 2006. No person affected by this subdivision shall be permitted to acquire any additional dogs or to replace any dogs in excess of five except as provided under section 106A.19 (breeder’s permit) or as specifically authorized by the City Council. Subd. 3. Any person who moves into the City of Rochester may bring into the City any number of cats, dogs or ferrets that do not exceed the limits identified in this Section. The animals must be micro-chipped or provided with an ID tag meeting the requirements of this chapter within 30 days of establishing residence in the City. Subd. 4. Any person who currently owns cats, dogs or ferrets who becomes a resident of the City by annexation shall be permitted to keep those animals provided that those animals micro-chipped or provided with an ID tag meeting the requirements of this chapter within 30 days following approval of the annexation. No person affected by this subdivision who owns more than five dogs, or a total of eight cats, dogs or ferrets, shall be permitted to acquire any additional cats, dogs or ferrets or to replace any cats, dogs or ferrets in excess of the limits established in this Section except as provided under section 106A.19 (breeder’s permit) or as specifically authorized by the City Council. Subd. 5. Persons who are not defined as breeders as set forth by section 106A.01 may breed any cat, dog or ferret and raise litters. The total number of cats, dogs or ferrets kept within the household must be reduced to the limits established in this Section within six months of birth. Section 2. Section 106A.05 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 106A.05 Identification Requirements. It is unlawful for any person to keep, harbor or maintain a dog, cat or ferret over the age of four months unless it has an ID tag, to be worn at all times, that has on it the owner’s name and contact information, including a valid telephone number, or unless it is micro-chipped with the micro-chip data contact information kept up to date. However, if the animal is harbored or kept on the premises of a recognized Humane Society shelter or pet store it need not have an ID tag or be micro-chipped. Section 3. Section 106A.06 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 106A.06. Vaccination Certificates, Fees and Enforcement. Rabies vaccination required. It is unlawful for any person to keep, harbor, or maintain any animal over the age of four months which is susceptible to rabies unless that animal has a current rabies vaccination unless otherwise specified by a licensed veterinarian. Section 4. Section 106A.08 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 106A.08. Running at Large. Subdivision 1. No owner of any animal, except a cat, whether kept, harbored, or maintained within or without the city, shall permit or suffer such animal to run or move at large at any time within the city. For the purpose of this section, every such animal at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending animal escaped or is otherwise at large without the permission or sufferance of its owner. Subd. 2. Running at large, cat. Notwithstanding the provisions of subdivision 1 of this section, the owner of a cat shall not permit such animal to be at large on public property or on the private property of another unless the owner of such property actually consents thereto. Section 5. Section 106A.13 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 106A.13 Notice of Apprehension. Subdivision 1. Within 48 hours after apprehending any properly identifed dog of cat pursuant to section 106A.12, the Animal Control Unit shall make reasonable efforts to contact the owner at the address/telephone number listed on the ID tag or available from the micro-chip. Subd. 2. This section repealed by Ordinance #3739 on November 7, 2005. Section 6. Section 106A.07 is hereby repealed. Section 7. This Ordinance shall become effective upon the date of its publication.