ITEM 3.8 Barking DogsTY
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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