City Council Meeting Date: July 19, 2016
To: Mayor and City Council
From: Ben Martig, City Administrator
Title
Consider Amendment to City Code Chapter 10 - Animals
Body
Action Requested:
The Northfield City Council is asked to have the second reading of the attached ordinance amending City Code Chapter 10 - Animals, Section 10-39 - Permit to keep.
Summary Report:
The City Council approved the first reading of the attached ordinance amending City Code Chapter 10 - Animals, Section 10-39 - Permit to keep at its regular meeting of July 5, 2016. As presented last meeting, staff had indicated that if the first reading of the ordinance was approved the City will not be enforcing animal limits or considering permits for additional animals until the new animal ordinance is adopted. Approval of the second reading will authorize the new ordinance.
In consultation with the City Attorney, the Police Department staff has been working to draft a proposed amended animal ordinance. The proposed initial draft is being prepared for review in August for discussion.
Historical Background
The City Council considered and denied requests for a permit to allow Helen Edell to keep more than three animals over six months of age in her home on November 3, 2015 and February 2, 2016. On February 2, 2016, the City Council adopted Motion M2016-023 “directing staff to update or amend the animal ordinance in its entirety”.
On April 5, 2016, Rice County District Court Judge Neuville issued an Order of Dismissal and Memorandum (attachment 4) which states in the Conclusion:
The Court finds that Northfield City Code 10-39 is unconstitutionally vague, as it was applied to Defendant, because it gives the Northfield City Council the arbitrary power to determine who obtains an animal permit under Ordinance 10-39, and who does not. Codes absent of any criteria for obtaining a permit make the ordinance vague as to its enforcement and application. Charging the Defendant with violation of Code Section 10-39 is unfair because the Code did not provide the Defendant the sufficient notice of what she was required to prove in order to obtain a permit to keep her four dogs at home.
Attorney David Ludescher submitted a letter on May 9, with a follow up on May 27, as an application for a permit for Helen Edell for her to be able to have four animals at her place of residence. As noted in the letter, the Rice County District Court has found that Northfield Municipal Code §10-39 regarding animal permits is unconstitutional and Ms. Edell cannot be prosecuted for not having a permit.
City staff consulted with Civil Attorney Chris Hood and Criminal Attorneys’ Tom Weidner and Rebecca Christensen regarding Judge Neuville’s order and the effect as it relates to staff administrative processing of animal permits going forward. The recommendation was not enforcing the animal limits or permit process contained in Northfield Code, Section 10-39, to strike the current ordinance and prepare an amended ordinance for Council review to clarify the issues related to number of pets allowed. Staff has followed this recommendation. The practical effect of these actions is that there is currently no restriction on the number of animals allowed. The proposed ordinance deleting Section 10-39 will codify this practice. Additionally, as summarized earlier in this memo staff is preparing a new ordinance that will address the issue of limitations of animals in some manner for initial review in August.
Staff provided a recommendation to approve a first reading to delete this section of the code at the July 5 City Council meeting. Additionally, staff provided an alternative option of action last meeting to consider approval of the permit requested by Edell. The motion to approve the permit failed to pass. Therefore, staff is not providing this alternative action for consideration this meeting.
Alternative Options:
None recommended.
Financial Impacts:
None.
Tentative Timelines:
If the second reading is approved, the ordinance will be published on July 27. The ordinance would be effective August 26.