Ordinance 241CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 241
AN ORDINANCE AMENDING CHAPTER 5 OF THE
CHANHASSEN CITY CODE CONCERNING HORSES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 5-86 of the Chanhassen City Code is amended to read:
In this article, "horse" includes horses, colts, ponies, mules, burros, or llamas.
SECTION 2. Section 5-87 of the Chanhassen City Code is amended to read in its
entirety:
(a) No horse shall be permitted to run outside the confines of the stable area or
enclosed real property of the person who maintains and stables the horse. Any person who
maintains and stables horses within the city and who allows and permits a horse to escape
. from a confined area shall be liable for the charges to the city to recover the animal which
shall be at least twenty-five dollars ($25.00).
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(b) The escape of a horse necessitating recovery by agents or employees of the city
shall automatically suspend the permit to keep horses within the city of the person who
maintains and stables the horse until the Stable Inspector has reinspected the premises for the
keeping of horses and the owner has made payment for the inspection.
SECTION 3. Section 5-88 of the Chanhassen City Code is amended to read:
(a) Persons maintaining or stabling horses as of April 24, 1975, shall comply with all
provisions of this article except the requirements of sections 5-104, paragraphs (a)(1), (a)(2),
and (a)(4). The previous sentence notwithstanding, it shall be unlawful for such persons or
their heirs and assigns to :
(1) Enlarge, alter or increase the area of any horse housing enclosure not meeting
the standards set forth in section 5-104, paragraph (a)(4), or
(2) Increase the number of horses beyond the number of horses stabled on the
subject premises as of April 25, 1975.
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Maintenance, necessary nonstructural repairs and incidental alterations of such housing
enclosure shall nonetheless be permitted provided that such maintenance, repairs, or
alterations do not extend, enlarge, or intensify the housing enclosure.
(b) Any exemption under this section from the provisions of section 5-104,
paragraphs (a)(1), (a)(2), and (a)(4) is void:
(1) Upon the subdivision, platting or replatting of the subject parcel of land for
which a stable permit is required; or
(2) In the event that the use of the parcel of land for the maintaining and stabling
of horses is discontinued for continuous period of more than one (1) year.
SECTION 4. Chapter 5 of the Chanhassen City Code is amended by adding Section
5-89 to read:
Sec. 5-89. Cruel and Inhumane Treatment of Horses.
(a) Cruel and inhumane treatment of horses shall exist where a person fails to
provide adequate care to horses. Adequate care includes, but is not limited to the following:
(1) Horses must be provided with food of sufficient quantity and quality to allow
for normal growth or the maintenance of body weight. Feed standards shall
• be those recommended by the National Research Council.
(2) Horses must be provided with clean, potable water in sufficient quantity to
satisfy the animal's needs or supplied by free choice. Snow or ice is not an
adequate water source.
(3) Horses must be provided a minimum of free choice protection or constructed
shelter from direct rays of the sun when temperatures exceed 95 degrees
Fahrenheit, from wind, and from freezing precipitation. Natural or
constructed shelters must be of sufficient size to provide the necessary
protection. constructed shelters must be structurally sound, free of injurious
matter, maintained in good repair, and ventilated.
(4) Constructed shelters except for tie stalls must provide space for the animal to
roll with a minimum danger of being cast. Stalls must be cleaned and kept dry
to the extent the animal is not required to lie or stand in fluids. Bedding must
be provided in all stalls, kept reasonably clean, and periodically changed. The
nature of the bedding must not pose a health hazard to the animal.
(5) Horses must be provided opportunity for periodic exercise, either through free
choice or through a forced work program, unless exercise is restricted by a
is
licensed veterinarian.
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(6) All horses must have their hooves properly trimmed periodically to prevent
• lameness.
(7) A vehicle used to transport a horse must have a floor capable of supporting the
animal's weight safely. Floors must be of nonskid construction or of nonskid
material sufficient to provide the animal with traction while in transport. A
minimum of 12 inches must be allowed between the whithers of the largest
horse and the structure above the animal while it is in a natural standing
position. Sturdy partitions must be provided at a minimum of approximately
every ten feet inside the vehicle. Interior compartments of transporting
vehicles must be of smooth construction with no protruding of sharp objects
and must provide ventilation. Food and water must be provided in sufficient
quantities to minimize stress and maintain hydration.
(b) No person shall treat a horse in a cruel or inhumane manner.
SECTION 5. Section 5-103 of the Chanhassen City Code is amended in its entirety
to read:
The Stable Inspector shall inspect the premises of those seeking a stable permit
and shall approve an application that is in compliance with this chapter or disapprove
applications that are not in compliance with this chapter for permits under this
division.
• SECTION 6. Section 5-104 of the Chanhassen City Code is amended to read:
(a) A stable permit shall be issued by the city clerk upon approval by the Stable
Inspector if the following conditions are met:
(1) Minimum acreage for two (2) horses shall be one and one-half (1 1/2) acres
and for three (3) horses shall be two (2) acres, and an additional one-third acre
shall be required for each additional horse.
(2) No stable permit shall be issued for a lot of less than one (1) acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which
will keep the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals
comfortable and protected from the elements and which shelter or stabling
facility shall be no closer than one hundred feet (100') from any structure
other than the applicant's, which is used for residential purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public
• nuisance.
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•
•
(6) The shelter or stabling facility shall be clean and sanitary such that it will not
be a harborage for rodents, flies and insects.
() Keeping, storing, stabling, or maintenance of horses shall not directly
contribute to the pollution of any public body of water.
(8) Accumulations of manure shall be located at least one hundred feet (100')
from any well;
(9) All accumulations of manure shall be removed at such periods as will ensure
that no leaching or objectionable odors exist, and the premises shall not be
allowed to become unsightly.
SECTION 7. Section 5-105 of the Chanhassen City Code is amended in its entirety
to read:
Sec. 5-105. Annual registration.
(a) The holder of a stable permit shall register annually with the city by completing
and submitting an application form as provided in section 5-102, based on the current status
of the stable under permit, by June 1 of each year. Upon filing the application form, the
holder shall pay to the city a nonrefundable inspection fee in the amount established by
resolution.
(b) Failure annually register with the city as required will result in automatic
cancellation of the stable permit. The holder of a canceled stable permit shall be required to
make application for a new stable permit; the subject premises shall be inspected as provided
by section 5-103; and in no event shall the city issue a new stable permit to the holder except
upon approval by the Stable Inspector.
SECTION 8. Section 5-106 of the Chanhassen City Code is amended to read:
A permit issued pursuant to his division may be revoked by the Stable Inspector if it
is determined, after investigation by the Stable Inspector or a designated employee and after
holding a hearing thereon, preceded by notice of the hearing to be given to the holder o f the
permit mailed to the address shown on the application or most recent annual registration
statement at least ten (10) days prior the hearing that:
(1) The permit holder has not maintained the standards set forth in section 5-104;
(2) The winter accumulation of manure is not removed from the stabling area
prior to May 1 of each year or as soon as is practicable thereafter;
(3) The permit holder failed to make a reasonable effort to keep the horse, or
• horses, under control and contained within the applicant's stabling area;
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•
•
(4) The permit holder has treated a horse cruelly or inhumanely or has not
furnished adequate care to a horse as set forth in section 5-89.
(5) The horses are kept, stabled, boarded, or harbored in such a manner as to
constitute a public nuisance; or
(6) The accumulation of manure presents a hazard to public health.
SECTION 9. Chapter 5 of the Chanhassen City Code is amended by adding Section
5-107 to read:
Sec.5-107. Violators.
Any person in violation of any part of this ordinance shall be guilty of a
misdemeanor, and each day a violation exists shall be considered a separately prosecutable
offense.
SECTION 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of
July , 1995.
ATTEST:
Don Ashworth, Cler anager
(Published in the Chanhassen Villager on August 24 , 1995.)
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5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 241
AN ORDINANCE AMENDING CHAPTER 5 OF THE CHANHASSEN CITY CODE
CONCERNING HORSES
On August 14, 1995, the Chanhassen City Council adopted an amendment to the horse
ordinance. This amendment is necessary to ensure the health and safety of horses, their
owners and neighbors. Certain areas of the ordinance are more specifically defined to prevent
circumstances leading to animal neglect or abuse.
"Llama" was added to the description of "horse." Clearer guidelines were added to
define the penalty for allowing a horse to run at large. State statutes were added to define
cruel and inhumane treatment of horses. The wording of "horse committee" was changed to
read Stable Inspector. The penalty section of the ordinance provides that violations are a
misdemeanor and subject to a $700 penalty or 90 days in jail. This ordinance is in full force
commencing on the date of the publication of this summary.
Don Ashworth
City Manager
• (Published in the Chanhassen Villager on August 24, 1995.)
C,
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO.241
AN ORDINANCE AMENDING
CHAPTER 5 OF THE
CHANHASSEN CITY CODE
CONCERNING HORSES
On August 14,1995, the Chanhassen
City Coruicil adopted an amendment to
the horse ordinance. This amendment is
necessary to ensure the health and safety
of horses, their owners and neighbors.
Certain areas of the ordinance are more
specifically deed to prevent circum-
4 races leading to animal neglector abuse.
"Llama" was added to the description
of "horse." Clearer guidelines were added
to define the penalty for allowing a horse
to run atlarge. State statutes were added to
define cruel and inhumane treatment of
horses. The wording of "horse commit-
tee" was changed toread StableInspector.
The penalty section of the ordinance pro-
vides that violations are a misdemeanor
and subject to a$700 penalty or 90 days in
jail. This ordinance is in full force com-
mencing on the date of the publication of
this summary.
Don Ashworth
City Manager
(Published in the Chanhassen Villager on
Thursday, August 24,1995; No. 2514)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the ki nd size of type used in the composition
and publication of the Notice:
abcdefghij
:1
Subscribed and sworn before me on
SNfi Rolfsrud-46eral Manager
thijW day of . , 1995 GWEN M. RADUENZ
—�- = NOTARY PUBLIC—MINNESOTA
o; MY COMMISSION EXPIRES 1-31.OQ
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.. $8.80 per column inch
Maximum rate allowed by law for the above matter...................................$8.80 per column inch
Rate actually charged for the above matter................................................$7.30 per column inch