Ordinance 374CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.374
AN ORDINANCE AMENDING CHAPTER 5
OF THE CHANHASSEN CITY CODE
REGULATING KENNELS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, NIINNESOTA ORDAINS:
SECTION 1. Chapter 5, Article II, Sections 5-18 and 5-18.1 of the Chanhassen City Code
are amended as follows:
Section 5-18. Kennel License.
(a) License required. No person shall maintain a private or commercial kennel in the city without a
license. No license shall be required for a private kennel consisting of cats, if the kennel is
located on a tract or parcel of land being used for agriculture as that term is defined in the
zoning ordinance, and if the cats are kept for rodent control purposes incident to the agricultural
use of the tract or parcel of land.
• (b) License; Application. Application for a Kennel License shall be made on forms provided by the
City Manager. The application shall contain:
(1) A description of the property to be used;
(2) The names and addresses of the owner, lessee, if any, and the operator or manager;
(3) The names, residences and addresses of two persons, residents of Carver or Hennepin
Counties, who are familiar with the applicant's, the manager's or operator's character;
(4) Whether the applicant, manager or operator has ever been convicted of a crime or offense
other than a traffic offense and, if so, information as to the time, place, and nature of such
crime or offense; and
(5) The names, phone numbers and addresses of those persons who will be from time to time
designated as a contact person as required by Section 5-18.2(b).
(6) Such other information as may be required by the City Manager.
If the application is made on behalf of a corporation or a partnership, it shall be accompanied by
appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of a corporation, the names and addresses of the officers
• and shareholders. Applicants shall furnish to the City with their application, documents
establishing the applicant's interest in the premises on which the business will be located.
• Documentation shall be in the form of a lease, a deed, a contract for deed or any other document
which establishes the applicant's interest. Applications shall be signed and sworn to. If the
application is by a natural person, it shall be signed and sworn to by such person; if by a
partnership, by one of the partners; and if by an unincorporated association, by the manager or
managing officer thereof.
(c) License Fees and License Year. The application and license fee shall be as established in
Chapter 4 of the Chanhassen City Code. The application, investigation, and license fees shall be
paid when the application is filed. A separate license shall be obtained for each place of
business. The licensee shall display the license in a prominent place in the licensed business at
all times. Licenses shall expire on the December 31 following the issuance of the license.
Applications to renew an existing license must be submitted by December 1.
(d) Granting or Denial of Licenses. License applications shall be reviewed by such departments as
the City Manager shall direct. The review shall include an inspection of the premises covered
by the application to determine whether the premises conform to all requirements of this Code.
Licenses shall be granted or denied by the City Manager subject to the provisions of this
Chapter. The City Manager shall approve the license if the provisions of the Code are met or
deny the license if they are not met.
(e) Revocation, Suspension and Renewal of License. The license may be revoked, suspended or
not renewed by the City Manager upon a showing that the licensee, its owner, manager,
• employee or agent has engaged in:
(1) Fraud, deception or misrepresentation in connection with the securing or retaining the
license.
(2) Any conduct which would constitute grounds for refusal to issue a license under this
Chapter.
(3) Any conduct constituting a violation of any of the rules and regulations provided for under
this Chapter.
(4) Any conduct constituting a violation of any provision of a Conditional Use Permit or other
zoning restriction.
(5) Any conduct constituting a nuisance.
(f) Appeal. The licensee may appeal a denial, suspension, revocation or non -renewal to the City
Council. The licensee must file with the City Clerk a notice of appeal within 10 days of a
revocation, suspension or non -renewal. The Council shall consider the appeal at a regularly or
specially scheduled Council meeting on or after 15 days from service of the notice of appeal
upon the City Clerk by the licensee. Hearing on the appeal shall be open to the public and the
licensee shall have the right to appear and be represented by legal counsel and to offer evidence
is
in behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the
2
Council may order:
(1) The revocation, suspension or non -renewal of the license.
(2) The revocation, suspension or non -renewal by the City Manager be lifted and the license be
returned to the licensee.
(3) Additional terms, conditions and stipulations to be imposed on the licensee to mitigate
problems.
5-18.1. Conditions of License.
(a) No license shall be issued if the applicants have been convicted of any offense involving cruelty
to animals, the operation of kennels, or animal related nuisances.
(b) No licenses shall be issued to applicants who have, within one year prior to the date of
application, been denied licensure or who have, within such period, had a same or similar
license revoked.
(c) No licenses shall be issued to applicants who have failed to provide all of the information
requested in the application, to pay the full license fee, or to cooperate with the City in review of
the application.
. (d) Licenses shall not be issued if the facilities or property fails to meet any provision in a
Conditional Use Permit or other zoning restriction.
SECTION 2. Chapter 5, Article 11, of the Chanhassen City Code is amended to add the
following section:
5-18.2. Rules and Regulations.
(a) All licensed kennels must operate according to the following rules and regulations.
(1) The licensee shall permit and allow the inspection of the premises during business hours by
all appropriate City employees.
(2) Land upon which dogs are to be sheltered must be surrounded by a sturdy fence which will
keep dogs confined.
(3) Housing and shelter must be provided which will keep animals comfortable and protected
from the elements, and housing or shelter shall be so located as not to create a nuisance.
(4) Accumulations of feces shall be located at least two hundred (200) feet from any well.
(5) All accumulations of feces shall be removed at such periods as will ensure that no leaching
Is
or objectionable odors exist, and the premises shall not be allowed to become unsightly.
3
• (6) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.).
(7) The following regulations apply to the site's animal quarters:
a. Indoor housing facilities must be structurally sound with ample heat, light, and
ventilation.
b. Animals kept outside must have continual access so animals can get in and out to shelter
and protect them from sun, rain, and snow.
c. If animals are confined by chains, such chains must be attached so as not to become
entangled with chains of other dogs.
d. Individual animal enclosures must be of a size to allow each dog to turn around fully,
stand, sit and lie in a comfortable condition.
e. The temperature of indoor housing facilities shall not be less than fifty (50) degrees
Fahrenheit for dogs not accustomed to lower temperatures.
(8) Disposal facilities are provided to minimize virus infestation, odors and disease hazards.
(9) Adequate storage and refrigeration is provided to protect food supplies against
• contamination and deterioration.
40
(b) In addition to the requirements of section 5-18.2 (a), commercial kennels shall also operate
according to the following rules and regulations.
(1) The licensed facility must at all times have a designated contact person available. The
designated contact person must be available to correct and mitigate violations of this
Chapter and the Code whenever they occur. The licensee shall notify the sheriff's office in
writing of the designated contact person along with contact information. The licensee shall
notify the sheriff's office in writing of any change in the contact person.
(2) Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any
neighboring residential structure used for human habitation.
(3) No commercial kennel permit shall be issued for a lot of less than one (1) acre.
(4) All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not
present at the subject property.
(5) Facility employees shall ensure that dogs are not allowed to create noise in violation of the
City Code. When a citizen complaint is received, facility employees must make affirmative
steps to reduce animal noise including but not limited to bringing dogs to indoor areas.
.19
(6) Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such
• screening and buffering may be accomplished by using berms, fencing, a green belt planting
strip (evergreens), or natural topography.
i
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 26th day of April, 2004, by the City Council of the City of
Chanhassen, Minnesota.
ATTEST:
'..,,
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on May 6, 2004).
5
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO.374
AN ORDINANCE AMENDING
CHAPTER 5
OF THE CHANHASSEN CITY
CODE
REGULATING KENNELS
THE CITY COUNCIL OF THE CITY
OF CHANHASSEN, MINNESOTA
ORDAINS:
SECTION 1. Chapter 5, Article II,
Sections 5-18 and 5-18.1 of the
ChanhasseriCity Code are amendedas Affidavit of Publication
follows:
Section 5- Kennel License. Southwest Suburban Publishing (a) Licen serequired. Noperson
shallmaintain a private or commercial
kennel in the city without a license. No
license shall be required for a private
kennel consisting of cats, if the kennel State of Minnesota)
is located on a- tract or parcel of land )SS.
being used for agriculture as that term
is defined in the zoning ordinance, and
if the cats are kept for rodent control County of Carver )
purposes incident to the agricultural
use of the tract or parcel of land.
(b) License; Application.
Application for a Kennel License shall Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
be made on forms provided by the City agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
Manager. The application shall lager and hs full knowledge of te cts herein stated as follows:
contain: g g
(1) Adescriptionoftheproperty
to be used; (A) These newspapers have complied with the requirements constituting qualification as a legal
(2) The names and addresses of newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
the owner, lessee, if any, and the amended.
operator or manager; r�
(3) The names, residences and (B) The printed public notice that is attached to this Affidavit and identified as No. /
addresses of two persons, residents of was published on the date or dates and in the newspaper stated in the attached Notice and said
Carver or Hennepin Counties, who are P
familiar with the applicant's, the Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
manager's or operator's character; the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
(4) Whether the applicant, inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
manager or operator has ever been and publication of the Notice:
convicted of a crime or offense other
than a traffic offense and, if so, abcdefghijklmnopgrstuvwxyz
information as to the time, place, and
nature of such crime or offense; and '
(5) The names, phone numbers
and addresses of those persons who
will be from time to time designated as
a contact personas required by Section Laurie A. Hartmann
5-18.2(b).
(6) Such other information as
may be required by the City Manager. Subscribed and sworn before me on
If the application is made on behalf
of a corporation or a partnership, it
shall be accompanied by appropriate,
business records showing the names
this/--"7_daof , 2004and addresses ofall individuals havingY
an interest in the business and, in the R'� G. Ii EN IM, RADUENZ
.�l 1K A yS
case of a corporation, the names and ,
z NOTARY PUBLIC MINNESOTA
addresses of the ' officers and T ,
shareholders. Applicants shallfur nish My C'Onimission Exp+res,san. 31, 2005
to the City with their application,
documents establishingtheapplicant s
interest in the premises on which the Notary Public
business will be located.
Documentation shall be in the form of
a lease, a deed, a contract for deed or
any other document which establishes
the applicant's interest. Applications
shall be signed and sworn to. If the
application is by a natural person, it RATE INFORMATION
shall be signed and sworn to by such Lowest classified rate aid b commercial users for comparable space $22.00 per column inch
person; if by a partnership, by one of P Y P P
the partners; and if by an Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
unincorporated association, by the Rate actually charged for the above matter ............................................... $10.85 per column inch
manager or managing officer thereof.
(c) License Fees and License
Year. The application and license fee
shall be as established in Chapter 4 of
the Chanhassen City Code. The
application, investigation, and license
fees shall be paid when the application
is filed. A separate license shall be
obtained for each place of business.
The licensee shall display the license
in a prominent place in the licensed
business at all times. Licenses shall
expire on the December 31 following
the issuanceoftheli�omse. Appli�eatit s
to renew an and Ling Iieense must' be
submitted by December 1
(d) Granting or Denial of
Licenses. License applications shall be
reviewed by such departments as the
City Manager shall direct. The review
shall include an inspection of the
premises covered by the application to
determine whether the premises
conform to all requirements of this
Code. Licenses shall be granted or
denied by the City Manager subject to
the provisions of this Chapter. The
City Manager shall approve the license
if the provisions of the Code are met or
deny the license if they are not met.
(e) Revocation, Suspension and
Renewal of License. The license may
be revoked, suspended or not renewed
by the City Manager upon a showing
that the licensee, its owner; manager,
employee or agent has engaged in:
(1) Fraud, deception or
misrepresentation in connection with
the securing or retaining the license.
(2) Any conduct which would
constitute grounds for refusal to issue
a license under this Chapter.
(3) Any conduct constituting a
violation of any of the rules and
regulations provided for under this
Chapter.
(4) Any conduct constituting a
violation of any provision of a
Conditional Use Permit or other zoning
restriction.
(5) Any conduct constituting a
nuisance.
(f) Appeal. The licensee may
appeala denial, suspension, revocation
or non -renewal to the City Council.
The licensee must file with the City
Clerk a notice of appeal within 10 days
of a revocation, suspension or non -
renewal. The Council shall consider
the appeal at a regulmiy or specially
scheduled Council meeit on or,atier
15 days from service of the notice of
appeal upon the City Clerk by the
licensee. asp► t*, sball
be open to the
shall haveht to appear ana De
represented by legal counsel and to
offer evidence in behalf of licensure.
At the conclusion of the hearing, or as
soon thereafter as practicable, the
Council may order:
(1) The revocation, suspension
or non -renewal of the license.
(2) The revocation, suspension
or non -renewal by the City Manager be
lifted and the license be returned to the
licensee.
(3) Additional terms,
conditions and stipulations to be
imposed on the licensee to mitigate
problems.
5-18.1. Conditions of License.
(a) No license shall be issued if
the applicants have been convicted of
any offense involving cruelty to
animals, the operation of kennels, or
animal related nuisances.
(b) No licenses shall be issued
to applicants who have, within one year
prior to the date of application, been
denied licensure or who have, within
such period, had a same or similar
license revoked.
(c) No licenses shall be issued
to applicants who have failed to provide
all of the information requested in the
application, to pay the frill license fee,
or to cooperate with the City in review
of the application.
(d) Licenses shall not be issued
if the facilities or property fails to meet
any provision in a Conditional Use
Permit or other zoning restriction.
SECTION 2. Chapter 5, Article II,
of the Chanhassen City Code is
amended to add the following section:
5-18.2. Rules and Reggulations.
(a) All licensed kennels must
operate according to the following rules
and regulations.
. (1) The licensee shall permit
and allow the inspection ofthe premises
during business hours by all
appropriate City employees.
(2) Land upon which dogs are
to be_shelteredmu e �urropnded.by
a sturdy fence which will- dam
confined.
(3) Housing and shelter must
be provided which will keep animals
comfortable and protected from the
elements, and housing or shelter shall
be so located as not to create a nuisance.
(4) Accumulations offeces shall
be located at least two hundred (200)
feet from any well.
(5) All accumulations of feces
shallbe removed at such periods as will
ensure that no leaching or
objectionable odors exist, and the
premises shallnotbe allowedtobecome
unsightly.
(6) All dogs and cats shall be
housed indoors overnight(from rom 10 p.m.
to 6 a.m.).
(7) The following regulations
apply to the site's animal quarters:
a. Indoor housing facilities
must be structurally sound with ample
heat, light, and ventilation.
b. Animals kept outside must
have continual access so animals can
get in and out to shelter and protect
them from sun, rain, and snow.
C. If animals are confined by
chains, such chains must be attached
so as not to become entangled with
chains of other dogs.
e: " k`Individual animal
enclosures must be of a size to allow
each dog to turn aroundfully, stand, sit
and lie in a comfortable condition.
e. The temperature of indoor
housing facilities shall not be less than
My (50) degrees Fahrenheit for dogs
not accustomed to lower temperatures.
(8) Disposal facilities are
providedtominimizevirus infestation,
odors and disease hazards.
(9) Adequate storage and
refrigeration is provided to protect food
supplies against contamination and
deterioration.
(b) In addition to the
requirements of section 5-18.2 (a),
commercial kennels shall also operate
according to the following rules and
(1) The licensed facility must at
all times have a designated contact
person available. The designated
contact person must be available to
correct and mitigate violations of this
Chapter and the Code whenever they
occur. The licensee shall notify the
sheriff's office in writing of the
designated contact person along with
contact information. Thelicenseeshall
notify the sheriffs office in writing of
any change in the contact person.
(2) Housing enclosures for dogs
and cats shall be at least two hundred
(200) feet from any neighboring
residential structure used for human
habitation.
(3) No commercial kennel
permit shall be issued for a lot of less
than one (1) acre.
(4) All dogs and cats shall be
housed indoors when the commercial
kennel employee(s) is not present at
the subject property.
(5) Facility employees shall
ensure that dogs are not allowed to
create noise in violation of the City
Code. When a citizen complaint is
received, facility employees must make
affirmative steps to reduce animal noise
including but not limited to bringing
dogs to indoor areas.
(6) Outdoor exercise (dog runs)
confinement areas shall be screened
and buffered. Such screening and
buffering may be accomplished by
using berms, fencing, a green belt
planting strip (evergreens), or natural
topography.
SECTION 3. This ordinance shall
be effective immediately upon its
PASSEpase D AND ADOMD this 26th
day of April, 2004, by the City Council
of the City of Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, City Manager
Thomas A.
Furlong, Mayor
(Published in the Chanhassen
Villager on Thursday, May 6, 2004;
No. 4173)