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ITEM 3.8 Barking DogsTY UtsegF MINNESOTA CD DEPARTMENT INFORMATION Request for City Council Action I Planning I Citv Planner Licht 1 22 October 2018 1 Consent City Administrator/Finance Director Flaherty 3.8 — Barking Dogs City Attorney MacArthur Sgt. Peter Walker, WCSO STRATEGIC VISION Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. X Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS City staff, WCSO, and the Administrative Subcommittee recommend approval of an ordinance amending rovisions of the City Code addressing barking dogs. M No City staff was made aware of an issue with enforcement of the section of the City Code dealing with nuisances caused by barking dogs. A resident within Kittredge Crossings has had a long-term issue with a neighbor's dog being left outside during the day disturbing the peace and the residents' ability to sleep after working nighttime hours. The property owner has been advised to contact the Wright County Sheriff's Office to have them respond to the issue. However, the resident has been told by WCSO deputies that they cannot take action due to the way the language in the City Code reads: 6-2-5.A. Habitual Barking: It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking or crying for repeated intervals of at least three (3) minutes with less than one minute of interruption. Such barking or crying must also be audible off of the owner's or caretaker's premises. Repeated barking due to intentional provocation by an unrelated individual residing off the property of the owner is not considered habitual barking for purposes of this subsection, nor is barking related to a periodic external stimulus such as a nondomestic animal, machinery or unusual activity within the vicinity of the premises, The clause in the regulation above that is causing difficulty with enforcement is the statement that barking related to a periodic external stimulus is not a habitual barking violation. This statement is problematic in that it is often periodic external stimulus beyond the yard in which the dog is kept that triggers the barking. Examples of such external stimulus include passing vehicles on the public street, pedestrians on adjacent sidewalks, or activity in surrounding yards. These activities are all incidental to a residential area and should not be exempted as the cause of a dog habitually barking to the extent that it disturbs surrounding property owners. City staff discussed the issue with Sgt. Peter Walker of the WCSO and have worked together to develop a proposed City Code amendment to address this issue. Sgt. Walker provided example language from other Wright County cities and the City of Rogers for review. Our office also reviewed the City Codes of Brooklyn Park, Maple Grove, and Plymouth for reference. Based on these examples, we have drafted a proposed amendment to the barking dog regulation that would remove the allowance of incidental area activity as the cause of a dog barking. The Administrative Subcommittee reviewed the draft ordinance amendment at their meeting on 17 October 2018 and recommends approval. ■ Ordinance 2018-10 POSSIBLE MOTION PLEASEW,bkD M0TIONASYOQ,,` OULD LIKEITTOAPPEARJ THE�- Motion to adopt Ordinance 2018-10 amending the City Code regarding barking dogs. RHnGFT INFORMATION BUDGETED: N/A ORDINANCE NO.: 2018-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING BARKING DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-2-5.A of the City Code is hereby amended to read as follows: Noise: 1 The owner or keeper of a dog shall not allow such animal to make noise, including barking and/or crying, so as to cause unreasonable annoyance or disturbance to any person. 2. The noise shall be a violation of this Section if: a. The noise can be heard from a location outside of the boundaries of the property where the animal is being kept. b. The noise occurs repeatedly over a period of at least five (5) minutes without interruption of less than one (1) minute, or at least twenty (20) minutes where the interruption between_ such noises is less than five(5) minutes. 3. The noise shall not be a violation of this Section if it occurs due to harassment or injury to the animal by something or someone other than the owner or keeper of the dog, or due to trespass upon the property where the animal is located. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22t" day of October, 2018. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor