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1B-3 AdoptOrd Ch 5 Animals/FowlCITYOF CHANHASSEN 7700 L&rke! Boulevard PO Box 147 C'lanhasseu MI,155317 Administration R',:)ne 952227 ~100 Fax 952 227 1!1~} Building Inspections Pi/cqP c~'~ ~' 7 ~ F]~, 952227 1190 Engineering P, on(}: 9522271160 F~x 952 227 1 70 Finance Pho'le 952 227' 11 952227 1110 Park & Recreation Phoue: 9,52 227 11~0 Fax 952227 !!10 Recrea', or Center 2310 C x!txr Boui(vard PI one: 952227 1400 Fax: 952 227 1404 Planning & Natural Resources Phc~ne 952 227 11b0 Fax 952227 !110 Public Works 159~ Park ?~or!e 952 227 1300 Fax 952227 13!0 Senior Center Phoqez 952 2271125 Fax 952227 !1!!} Web Site MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manger Bob Generous, Senior Planneral~f,~' November 24, 2003 SUB J: Adoption of Ordinance, Chapter 5, Chanhassen City Code, Animals and Fowl; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. BACKGROUND Over the past two years, the city has been reviewing proposed changes to City Code. Our overall intent is to try to make the code easier to understand and use by addressing problems, overlapping code requirements, clarifying ordinance language, procedures or processes, and consolidation. The proposed changes to Chapter 5 have been reviewed previously by the Chanhassen Planning Commission and City Council. SUMMARY This chapter deals with licensing of kennels and animals. Staff, in working with licensing, has found that the current system does not correspond with the requirements necessary to license an animal and is recommending changes which correspond to city requirements and practices. Animal Bites: The current code requires that an animal must be quarantined if the animal has bitten someone and a report has been filed. Several communities have gone to a home quarantine if the owner can provide current proof of rabies shots. The home quarantine would keep the animal separate and indoors, outside on a leash only and accompanied to urinate and defecate. This addition to the code would reduce the amount of time and cost that the city spends to have the animal quarantined. This would also save the owner money. ~ / tr ~ k r , The Citv 01 Chanhassen * A gr,Dw! lq ,;811;,Sl xqi[', with ~1~ n ~.~k,¢¢ ,',;Lalilv x:; ,,:,0!s ] ;' ~u~i,ul ,J' ,',,tlr :,r, 'rr ,,ul :',J :~%us ~, ~iirg als a[ d, t~;/,i!JI p}{; ,A ;i0i[ , ? ,., Mr. Todd Gerhardt November 25, 2003 Amendment Chapter 5 Page 2 Dangerous Animals: The current code says that all dangerous animals must be registered with the city public safety department. However, we currently have them register the animals with Carver County. Finally, we have incorporated the requirement that stable shelter structures be a minimum of 200 feet from wetlands. This requirement appears as part of the conditional use permit criteria, but is not listed under the stable ordinance. Staff believes that these changes are primarily administrative, rather than substantive, in nature and is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 5 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 5, Chanhassen City Code CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 CHANHASSEN CITY CODE, ANIMALS AND FOWL THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 5, Article II, Division 1, Section 5-16 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 5-18 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Kennel licenses shall expire on December 31 following their issuance. Upon application for renewal of a kennel license, an authorized city employee shall inspect the kennel of the applicant. The employee shall submit to the city clerk either an affirmative certification that the kennel is maintained in a neat, orderly, and safe condition, or a negative certification that said kennel is not so maintained. The city clerk may issue a kennel license provided that: (1) The certification is affirmative; and (2) No complaints have been received by the city. In all other cases, the kennel license shall be issued only upon city council approval. Section 3. Section 5-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Notwithstanding section 5-38, whenever any person owning, possessing or harboring any dog or cat within the city shall learn that such animal has bitten any human being, such person shall immediately impound such animal for a period of ten (10) days separate and apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is found to be rabid, it shall be destroyed. If the owner can provide current proof of rabies shots, the owner may institute home quarantine for the 10 day period. As part of the home quarantive, the owner would need to keep the animal separate and indoors, may only take the animal outside on a leash accompanied by an adult to urinate and defecate. Section 4. Section 5-53 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The annual fee for a dog or cat license shall be established in Chapter 4 of the Chanhassen City Code. It shall be the duty of each owner of a dog or cat to pay the license fee each year to the city in the month the rabies vaccination was given, or upon acquiring ownership or possession of any unlicensed animal or upon establishing residence in the city. Owners of dogs or cats that are not licensed in accordance with this division shall pay a late fee in the amount established by resolution except if the animal has been impounded and not licensed, in which case section 5-54 shall govern. Section 5. Section 5-54 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Dog or cat licenses shall expire annually following their issuance on the anniversary date the rabies vaccination was given. Section 6. Section 5-55 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Upon payment of the license fee, the owner of a licensed dog or cat shall be furnished a suitable tag. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog or cat so licensed in a manner that the tag may easily be seen by the officers of the city. The owner shall see that the tag is constantly worn by the dog or cat. Section 7. Section 5-78 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All dangerous animals must be registered with the Carver County Sheriff's department within sixty (60) days after the effective date of this division. Section 8. Section 5-104 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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 (1/3) 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 (100) feet 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. (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 (100) feet 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. (10) The shelter structure shall be a minimum of 200 feet from any wetland. Section 9. Chapter 5, Article III, Division 2, Section 5-107 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of November, 2003, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __, AN ORDINANCE AMENDING CHAPTER 5 OF THE CHANHASSEN CITY CODE ANIMALS AND FOWL. The purpose of this code amendment is to clarify kennel license requirements, provide standards and procedures for home quarantine of animals, specify when license fees must be paid, require registration of dangerous animals with the Carver County Sheriff's Department, and require that shelter structure be a minimum of 200 feet from any wetland. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of November 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on ).