Settlement Hearing Continuation: Animal violation of Chapter 10 for the keeping of a rooster on property less than 2.5 acres in size, located at 6025 177th Ln NW, Ramsey, MN.

On August 21, 2023, Mr. Trout was notified of various violations, including the keeping of a rooster on a property less than 2.5 acres in size.  Ramsey City Code Chapter 10, Animals, Article I. In General, Section 10-1 regulates the keeping of roosters. The City Code reads "Roosters may be kept and maintained only on parcels of at least two and one-half acres in size. Said properties are allowed a total of two roosters." There are also regulations for enclosure setbacks on property lines.

On September 20, 2023, a letter from Ellie Mental Health was submitted to staff indicating the rooster is an emotional support animal for Mrs. Trout.

On October 9, 2023, Mr Trout provided a written request for a Settlement Conference. City staff followed the appeal process identified in city code Chapter 2, Article 7, Section 2-332. The process is attached as part of the Settlement Conference Letter sent to Mr. Trout. On October 17, 2023, a Settlement Conference was completed. Mr. Hagen, City Administrator, compiled the details of the meeting and sent a letter of determination to Mr. Trout; summarizing the meeting details and staff's decision to uphold the requirements of the City Code related to the keeping of certain animals, livestock and poultry. The letter with the proposed findings of fact is attached for City Council's review.  

City Code states that if a final resolution is not agreed upon by the property owner and city, then a settlement hearing will be conducted during a City Council meeting; at which time, a decision by the City Council shall be made to affirm, repeal or modify the order of the city at the conclusion of the conference. On November 28, 2023, the City Council conducted a settlement hearing, at which time, the City Council tabled the item to further discuss the animal regulations set forth in code.

At the December 12, 2023, City Council work session, the Council discussed rooster regulations. It was the consensus of the City Council to uphold the current regulations in code which allow the keeping of up to two (2) roosters on properties larger than 2.5 acres in size and to continue the settlement hearing at the January 9, 2024 City Council meeting.

During the November 28, 2023 Settlement Hearing, it was shared that a neighboring property owner expressed a negative impact by the rooster’s crowing to their family members due to disabilities they have.  The city is not legally allowed to request proof of disability from this property owner. 

To staff’s knowledge, there is only one other scenario where a code violation resulted in an emotional support animal discussion.  In this case, the violation was for having 13 chickens (all hens) on the property.  This property, under code, was allowed six (6) chickens.  The code violation began with the Police Department, but was transferred to the Code Enforcement Officer.  Through discussions, it was requested the City provide a reasonable accommodation to allow the emotional support animals.  Staff, including City Attorney Knaak, felt that the fact the City allowed chickens under code negated a compromise to the number of chickens allowed.  The City eventually received a Housing Discrimination Complaint from the U.S. Department of Housing and Urban Development.  The outcome of the compliant resulted in the following agreement:

Respondent (City) agrees to allow Complainant’s family (resident) to keep eight (8) chickens of their current stock at the subject property, with the understanding that as the chickens begin to perish, Complainant will not replace the chickens beyond the allowable six (6) chickens under the City’s code while living at the subject property.  In return, Complainant agrees to reduce their flock to 8 chickens and provide the City of Ramsey with the names and pictures for the eight chickens they intend to keep within thirty (30) days of the effective date of this agreement.



 

No public hearing notice required; however, the City Council agenda is published, giving the public notice of the agenda item.

The Settlement Hearing is to be continued this evening and after such hearing, the findings of fact and final decision shall be provided to the property owner.

The City Council may consider the following alternatives:

1. Approve Res #24-022, adopting findings of fact upholding the requirements of the city code pertaining to the required acreage needed for the keeping of roosters.
2. Adopt Res #24-022, with modifications.
3. Deny Res #24-022 with Findings of Fact.
4. Direct staff to prepare a different resolution with Findings of Fact that will be brought to City Council on January 23, 2024, for final approval.
 

Not applicable.

City staff recommends the adoption of Resolution #24-022 with the proposed Findings of Fact, as presented.

Motion to approve Resolution #24-022, A Resolution Determining That a Violation of the Ramsey City Code Relating to Keeping a Rooster on a Parcel of Less Than 2.5 Acres Has Occurred at 6025 177th Lane NE and Directing City Staff and Law Enforcement Authorities Take Such Measure as May be Neccessary to Remove the Animal Therein.