Loading...
City Council Ordinance 277ORDINANCE AMENDMENT NO. 277 THE CITY COUNCIL OF MONTICELLO, MINNESOTA, HEREBY ORDAINS THAT TITLE 6, CHAPTER 2, SECTION 26, OF THE MONTICELLO CITY ORDINANCE, PERTAINING TO LICENSING OF COMMERCIAL DOG KENNELS BE AMENDED TO READ AS FOLLOWS: 6-2-26: LICENSING FOR COMMERCIAL DOG KENNELS (A) Definitions: For the purpose of this chapter, the following definitions shall apply: 1. "Commercial Kennel" means a place where more than three dogs thereof are kept for the business of selling, boarding for a fee, breeding for sale, or some other enterprise intended primarily for profit-making purposes. The term "commercial kennel" shall not include pet stores, pet grooming shops, or animal hospitals. (B) License Required: No person shall own, harbor, or keep upon a premises more than three (3) dogs over the age of six (6) months unless in a commercial kennel duly licensed under this section. No person shall keep or maintain a commercial kennel in the city except upon obtaining a permit from the City Council. Commercial kennel licenses shall only be granted in an agricultural zoning district as a conditional use. (C) Applications: The application shall be made to the City Zoning Administrator and shall contain the following: 1. The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee. 2. The maximum number and species of adult dogs to be kept on the premises. The term "adult" as used herein shall include any animal over six months of age. 3. A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. Separate housing and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and a minimum of ten (10) feet from any property line. If dogs are kept primarily within a building, the applicant shall so state. 4. Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. 5. The method to be used to keep the premises in a sanitary condition. Ordinance Amendment No. 277 Page 2 6. The method used to keep the animals quiet. 7. An agreement by the applicant that the premises may be inspected by the animal warden at all reasonable times. An inspection of the premises prior to licensing and during the licensing period shall be required. (D) Issuance and Conditions: The City Zoning Administrator shall refer the application to the animal warden for review and recommendation to the Planning Commission and Council prior to Council and Planning Commission action. The Planning Commission shall conduct a public hearing. The issuance of a license shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quality and height of the fencing; and, with particularity, any violations during the previous license period, if applicable. The Council and Planning Commission may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this Chapter. (E) Design: 1. Kennels or shelter floors and walls shall be constructed of impervious and easily cleanable materials and all structures, areas, and appurtenances so designed as to facilitate frequent and easy cleaning. With regard to private kennels where dogs are kept indoors, this shall apply to the portions of the principal structure to which the dogs are confined, fed, and cleaned. 2. All areas shall be adequately and properly ventilated and have ample light and heat, either natural or artificial. 3. Every kennel or shelter shall be suitably enclosed or fenced in such a manner as to prevent the running at large or escape of the animals confined therein. No dogs may be tethered. 4. Doors, windows, and other openings shall be screened. 5. The premises shall be provided with adequate, safe, and approved sewer, water, and plumbing facilities. 6. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable, normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. 7. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards. Ordinance Amendment No. 277 Page 3 8. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. (F) 9peration and Conditions: All kennels and shelters shall be maintained in a clean, healthful, sanitary, and safe condition so as not to create a health hazard or public nuisance. Kennels shall be operated in a humane manner. (G) Revocation: If a license fails to comply with the statements made in the application or with any reasonable conditions imposed by the Council, or violates any other provision of this Chapter, the licensee shall be notified by mail and given ten (10) days to remedy any defects or defaults. If such condition be not remedied in said ten (10) days, the Council may revoke the license. (H) Tags: Licensees shall affix an identification tag to all dogs owned by or under the control of the license. Such identification tags shall at a minimum contain the name, address, and telephone number of the licensee. (I) Rabies Vaccination: A licensee shall cause every dog in the kennel to be vaccinated by a licensed veterinarian with anti -rabies vaccine. Puppies shall be so vaccinated at or before the age of sixteen weeks and again at the age of one year. Adult animals shall be so vaccinated at least once in every 24 months period or as often as needed under the type of vaccine used to ensure immunity. (J) License Fees: The license is non -transferable. The fee for kennel license shall be as follows: Commercial License - $95.00 per year or any part thereof (K) Penalties: Any person who maintains a kennel without first obtaining a license therefore shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not more than $700 and/or 90 days in jail. DELETE SECTIONS 6-2-27 AND 6-2-28. Adopted this 25th day of March, 1996. City Administ for Published in the Monticello Times on 4/4/96.