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 violati...
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