2f. City Code Amendment Re Horses & Stables.1
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MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor Don Chmiel
City Council
FROM: Scott Harr, Public Safety Director
DATE: May 30, 1995
SUBJ: AN ORDINANCE AMENDING 5 OF THE CHANHASSEN CITY
CODE CONCERNING HORSES
This memo is to recommend that the attached ordinance amendment concerning horses, be
adopted by the Chanhassen City Council.
BACKGROUND:
After Mr. David Headla retired from his voluntary service of over 20 years, where in he
handled stable inspections for the City, Public Safety Secretary Carol Dunsmore, volunteered
to assume these responsibilities. While the number of horses within the city continues to
decrease, it is our desire to permit horse owners to continue being able to pursue their
interests, but in a manner which is safe, humane, and 'contributes to the overall welfare of the
community.
ANALYSIS
As a part of her voluntary position as the Stable Inspector for the City, Carol did review the
existing ordinance, developing several recommendations. She presented these to the Public
Safety Commission, which had several additional suggestions, and when she returned the
attached draft to them, it was unanimously endorsed to send onto the City Council. The
proposed ordinance was sent to all stable permit holders, with no negative comments being
received.
Page 2 '
City Code - Horses
May 30, 1995
RECOMMENDATION I
It is the recommendation of staff, and endorsed by the Public Safety Commission, that the
attached ORDINANCE AMENDING CHAPTER 5 OF THE CHANHASSEN CITY CODE I
CONCERNING HORSES be adopted.
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CITY OF
CBANKASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' MEMORANDUM
TO: Scott Harr, Public Safety Director ,.
1 y �
FROM: Carol Dunsmore, Stable Inspector
' DATE: June 20, 1995
SUBJ: Horse Ordinance Amendment
Dave Headla, former Chanhassen Stable Inspector, and I believe the following changes and
' additions are necessary to ensure the health and safety of horses, their owners and neighbors.
The City of Chanhassen's rapid residential and commercial growth has resulted in decreased area
available for stables, pasture and recreational use. By clearly defining certain areas of the
' ordinance, we hope to prevent the circumstances which could lead to animal neglect or abuse and
thus protect the animals and residents who live in Chanhassen.
1. Section 5 -86. Llama was included in the `description of "horse ".
' 2. Section 5 -87. This area was expanded to establish clear guidelines for the penalty
of allowing horses to run at large.
' 3. Section 5 -89 State statutes were included to clearly define cruel and inhumane
treatment of horses.
' 4. Section 5- 103. Horse Committee is changed to read Code Enforcement Officer.
5, Section 5 -107. A penalty has been set for violators of this ordinance.
I g:\safety`caro Mrse.ord
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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).
(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.
' (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
licensed veterinarian.
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(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.
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(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
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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.
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(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
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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
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.
(7) 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 day of
, 1995.
ATTEST:
Don Ashworth, Clerk/Manager
(Published in the Chanhassen Villager on
Donald J. Chmiel, Mayor
1995.)
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