PUBLIC HEARING: Introduce Ordinance #21-11 Amending Chapter 10 of City Code to Include Requirements for Keeping Cats and Roosters, and to Amend Standards for Agricultural Animals and Beekeeping

The purpose of this case is four-fold.

1. Reevaluate requirements for keeping of agricultural animals in residential districts; and
2. Allow roosters on properties with at least 2.5 acres in the R-1 Rural Residential district; and
3. Update Article III - Dogs to include cats in the requirements for domestic animals; and
4. Regulate beekeeping through a zoning permit instead of the land use application (fee reduction and increased efficiency).

A public hearing notice was sent to the City's Official Newspaper, the Anoka County Union Herald.

Agricultural Animals

Historically, the City's Animal Code focused on a delineation between lots smaller than 3 acres and lots that are larger than 3 acres. The code is structured as such that many animals commonly considered as non-domestic (chickens, pigs, cows, horses, etc.) required at least 3 acres. Since the time the Code was originally drafted, the City has grown considerably. Additionally, the City has tweaked the Animal Code on several occasions, resulting in a Code that can sometimes be difficult to interpret. 

Staff is proposing to reduce the acreage requirements for keeping of certain animals, but retain the number of units per animal. The proposed ordinance also has no limit for animal units on properties that are 15+ acres in size, instead of the previous 20+ acres, and the table begins with 2.5 acres instead of 3, to follow the zoning code requirements.

Roosters
Throughout 2020, the City received an increase in the number of complaints of roosters, especially on properties 1 to 2 acres in size. Property Owners that own Roosters and were subjects of the complaints have been asking the City to consider amending regulations to allow roosters on properties at least 1 acre in size, understanding that Roosters are probably not appropriate on smaller lots due to the nuisance created by noise. Residents have requested that Staff clarify regulations, and City Council directed Staff to allow roosters on larger lots.

City Staff is requesting an ordinance to clarify rooster restrictions in the City. Since 2010, there have been approximately 30 code enforcement cases for violations of Chapter 10 - Animals, in regards to prohibited animals on parcels three (3) acres or less. Many of these violations are for properties that have roosters. 

Section 10.1 of City Code currently states:
"a. Animals on less than three acres. None of the following animals shall be maintained on any parcel of land in the city that is not at least 3.0 acres (130,680 square feet) in size: llamas, cows, mules, donkeys, burros, goats, pigs, sheep, lambs, turkey, geese and ducks. EXCEPTION: Chickens (hens only, no roosters or crowing hens) may be maintained on parcels less than three acres."

Staff is proposing that roosters are allowed by right in the R-1 Rural Residential district on lots 2.5 acres or greater (the minimum lot size in this district). Roosters would be allowed with the same process as is currently used for horses, which requires an administrative approval by City Staff.

Note: Roosters would still be held to nuisance regulations, which include applicable sound levels. Nuisance levels for noise are set forth by the State. Some roosters, per a Google search, have a decibel range from 70-130 decibels which is well above the levels outlined in City Code; although the duration may be shorter than what the nuisance standards are based on. While roosters could be over this decibel level if you were directly adjacent to the rooster, Staff does not anticipate that roosters would be over the minimum from an adjacent property if the property complies with the proposed code.

Cats
In 2021 thus far, the City has received complaints of at least two (2) properties with numerous cats on the property, domesticated and wild. These are not the first complaints to appear regarding the number and/or condition of cats on residential properties in the City, but the City Code does not have any regulations for cats.

Several surrounding cities have adopted similar ordinances to include cats and dogs in the same section to limit the number, or to include registration of total domestic animals over a total of three (3). The draft ordinance proposes holding cats to the same requirements as dogs as domesticated animals, including a limitation of three (3) on residential properties. The adoption of this ordinance states any additional cats and/or dogs exceeding a total of three (3) will require a kennel license.

Beekeeping
At the request of members of the public, the City is proposing to amend the beekeeping section of the Animal chapter in City Code to create more leniency with requirements for beekeeping. The City is proposing to regulate beekeeping through a zoning permit, similar to accessory structures and fences, instead of a formal land use application process. This will expedite beekeeping requests and not create financial hardship for property owners that are interested in the keeping of bees. Any violation of the beekeeping requirements will continue to be subject to the City's code enforcement process. Revocation of the license would come to City Council.

Other
Staff did receive a comment from a resident who wanted to allow ducks on 1/4 acre lots, under the same regulations as chickens. Staff has reached out to this resident directly to work with them on a special animal license to allow ducks on their property, as they appear to be uniquely qualified to care for ducks.

Summary
Ordinance 21-11 aims to amend Chapter 10 to update the Animals section of City Code to adapt to the requests of residents regarding roosters, other agricultural animals, and to have similar requirements as dogs for cats. The acreage requirements for agricultural animals has proposed to be shifted to allow more animals on smaller properties. Cats will also be subject to the same standards as dogs, which will provide guidance for future code enforcement cases regarding the keeping and maintenance of cats. Additionally, while many other cities in the Metro also prohibit roosters, Staff is proposing roosters to be allowed on parcels over two (2) acres as a conditional use. Beekeeping will also be regulated as a zoning permit for the convenience of future bee enthusiasts.

The draft ordinance and research of other cities' requirements are attached to the case.

This case is being handled as part of Staff's regular duties.

Staff recommends introducing Ordinance #21-11 Amending Chapter 10 of City Code.

Motion to introduce Ordinance #21-11 Amending Chapter 10 of City Code.