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1k. Approve City Code Amendment concerning Horses' Note: First reading of this A - 1 ordinance was approved on July 10, 1995. Approval of second and ' CITY OF CHANHASSEN final reading is recommended. CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' AN ORDINANCE AMENDING CHArl'h.K 5 OF THE CHANHASSEN CITY CODE CONCERNING HORSES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 5 -86 of the Chanhassen City SECTION 1. Sec y 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). 0 0 (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. 14218 ' r05 /10/95 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: See. 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 licensed veterinarian. 14218 r05/10/95 2 ' (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. t (5) The shelter or stabling facility shall be so located so as not to create a public nuisance. 14218 ' r05/10195 3 (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; 14218 r05/10/95 4 (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: See. 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 14218 r05 /10/95 R Donald J. Chmiel, Mayor , 1995.)