4. Adopt Ord Kennel LicensesCITYOF
CHANHASSEN
77(-)0 l,/larket Boulevard
PO Box 147
Cnar!hasser! MN 55317
Administration
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MEMORANDUM
TO: Todd Gerhardt, City Manger
FROM: Bob Generous, Senior Planner
DATE: April 26, 2004
SUB J: Adoption of Ordinance, Chapter 5, Chanhassen City Code, Kennel
Licenses
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment.
BACKGROUND
City Council directed staff to review the kennel licensing requirements in order to
address concerns with the existing ordinance. Staff has provided a copy of the draft
ordinance to private kennel owners as well as the attorneys for the commercial kennel
operation in the city. Based on the private kennel owner comments, we have clarified
requirements for both private and commercial kennels.
SUMMARY
The proposed changes clarify the requirements for private and commercial kennel
operations. The revisions specify application submittal requirements as well as criteria
for the denial of a kennel permit. Kennel licenses will be issued administratively if the
licensing requirements are met. Commercial kennels would still require City Council
approval, initially. The ordinance specifies that kennels must be open for inspection by
city staff during normal business operations. Additionally, it requires that a contact
person be provided for commercial kennels at all times to correct potential problems.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for Chapter 5
of the Chanhassen City Code, Kennel Licenses.
ATTACHMENT
1. Ordinance Amending Chapter 5, Kennel Licenses, Chanhassen City Code
2. Kennel License Ordinance in Strikethrough/Bold Format
3. Kennel Owner Letter dated 3/30/04
4. Letter to Michael Ladd and Carol Stainbrook from Bob Generous dated 4/14/04
5. Email from Heidi Halverson to Bob Generous Dated 4/6/04
g:\plan\bg\city code\cc mcmo kennel liccnscs.doc
The City of Chanhassen · A growing community with clears lakes quality schools a charming (]ownto,~,'n thrivinc! businesses windin¢l trails a~¢! beautitui parks A great [)!ac( to live work, and play
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5
OF THE CHANHASSEN CITY CODE
REGULATING KENNELS
THE CITY COUNCIL OF THE C1TY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Chapter 5, Article 1I, 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
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 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 II, 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
or objectionable odors exist, and the premises shall not be allowed to become unsightly.
(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.
(b) In addition to the requirements of section 5-18.2 (a), commercial kennels shall also operate
according to the following rules and regulations.
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.
4
(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 passage and
publication.
PASSED AND ADOPTED this
of the City of Chanhassen, Minnesota.
__day of
., 2004, by the City Council
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
,2004).
Chapter 5 Kennel Licenses
Sec. 5-18, Kennel License
(a) License required. No person shall maintain a private or commercial kennel in the
city without sec-m4~ a license '~'~ ~^--- ~-~ ~a ........ a q-~.~ ~ ~..~ ,t.~ n .....
o,....°hM1 1.,~,,., ..... ~o ~o~,.,~...o..~*~kli°k'='4 ~'~; ...... ,~O~,~[,~,l.]ll~';a~fl 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 thereofi
(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
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.
2
(3) Additional terms, conditions and stipulations to be imposed on the licensee to
mitigate problems.
The certification is affirmative; and
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 restrictions.
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. *Previously in section 5-18.1 (2)
(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. *Previously in section 5-18.1 (4)
(4) Accumulations of feces shall be located at least two hundred (200) feet from any
well. *Previously in section 5-18.1 (5)
(5)
All accumulations of feces 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. *Previously in section 5-18.1 (6)
(6) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.).
*Previously in section 5-18.1 (7)
(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.
* All previously in section 5-18.1 (11)
(8) Disposal facilities are provided to minimize virus infestation, odors and disease
hazards. *Previously in section 5-18.1 (11)
(9) Adequate storage and refrigeration is provided to protect food supplies against
contamination and deterioration. *Previously in section ,5-15.1 (11)
(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.
*Previously in section 5-18.1 (1)
(3) No commercial kennel permit shall be issued for a lot of less than one (1) acre.
*Previously in section 5-18.1 (3)
(4)
All dogs and cats shall be housed indoors when the commercial kennel
employee(s) is not present at the subject property. *Previously in section 5-18.1
(8)
(5)
Facility employees shall ensure that dogs are not allowed to habitually bark in a
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. *Previously in
section 5-18.1 (9)
(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. *Previously in
section 5-18.1 (10)
6
CITYOF
CHANHASSEN
?70D ?,lat.<et B )ui,,varc!
PO Bx 147
U'N~r h~SS~', MI~ 55317
,~dministration
Plnie 962 2271100
Fax 952227 ~110
Building Inspections
F, 05Z,' 22/11,i0
Engineering
Phr'~e 952227 11GQ
Fax: 952 227 !170
Finance
Fa,, !~52 227 11~0
Park & t~ecreation
P~(r ,'}52 227 1120
Fax: 952 227 11 I(}
~ecreatio ~ ~}( ntnr
23!0 OotJ ter Bu~ evarc
P!io h~ 95':~ '.'27 1400
Fax 952 227 I,!04
Planning &
Natural Resources
P!-ro 952 22T 1130
Fa, 952 2271110
Public Works
P/or o: 952227 130Q
Fax' 952 227 1310
Senior Cenler
Pr ~r~- 952 227 !125
Pa~ c,{~2 227111)
Web $ile
WWW CJ C~ a!ii ,-1sso~l i~lri LiS
March 30, 2004
Re: Proposed Ordinance Revision Chapter 5 of the Chanhassen City Code
Dear Kennel Owner:
The City is in the process of amending the kennel ordinance. Attached is the draft
ordinance for your information and review. This item is scheduled for City
Council adoption on April 12, 2004.
If you have any questions or have comments, please contact Robert Generous at
(952) 227-1131 or email at bgenerous @ ci.chanhassen.mn.us.
Sincerely,
Robert Generous, AICP
Senior Planner
Enc.
g:\plan\bg\city codeXkennel ord letter.doc
The City o! 6hanhassen · ,~ gr,,'.vs~ ~g cor~mu~qity with clean lakes q[~ality schools a charr'r~ing downtown thrivimg businesses windir~g trails amd beautili ! parks A, Great r~,la(',*, to live ¢,, },~k and play
April 14, 2004
Michael Ladd and Carol Stainbrook
1070 Hesse Farm Road
Chaska, MN 55318
Re: Proposed Ordinance Revision Chapter 5 of the Chanhassen City Code
Dear Michael Ladd and Carol Stainbrook:
The City is in the process of amending the kennel ordinance. Attached is the draft
ordinance for your information and review. This item is scheduled for City
Council adoption on April 26, 2004.
If you have any questions or have comments, please contact Robert Generous at
(952) 227-1131 or email at bgenerous@ci.chanhassen.mn.us.
Sincerely,
Robert Generous, AICP
Senior Planner
Enc.
g:\plan\bg\city code\kennel ord letter.doc
Message Page 1 of 2
Generous, Bob
From: heidi halverson [h.halverson @ mchsi.com]
Sent: Tuesday, April 06, 2004 10:34 PM
To: Generous, Bob
Subject: Re: Chapter 5 Chan City Code
Thanks for the update Bob... I appreciate you getting back to me. Looks to be much clearer on the items only
required for commercial operations.
Heidi
..... Original Message .....
From: Generous, Bob
To: 'heidi halverson'
Sent: Tuesday, April 06, 2004 9:22 AM
Subject: RE: Chapter 5 Chan City Code
Heidi:
Thank you for your input. We are revising the ordinance to clarify that there are some standards that apply to
all kennels, private or commercial and some that only apply to commercial. Our intent is that the police be
notified for commercial kennels. (You are correct that your application will already have your name and
number.) Additionally, the separation requirement is for commercial kennel structures, since houses are usually
not separated by this distance.
Attached is a revised draft of the kennel license ordinance. Please contact me with further questions or
comments.
Bob
..... Original Message .....
From: heidi halverson [mailto:h.halverson@mchsi.com]
Sent: Wednesday, March 31, 2004 6:14 PM
To: bgenerous@ci.chanhassen.mn.us
Subject: Chapter 5 Chan City Code
Robert,
Just have a couple of questions for you on the proposed amendments to the kennel requirements.
1. Much of this seems to revolve around commercial operations. I am just a dog lover who shows their
dogs competitively in AKC and UKC. Am I to assume that all of the ordinances apply to private homes
as well as commercial property??
2. 5-18.2 (b) You indicate that contact information must be provided to the police department. If it is not
a commercial operation is this going to be required for private citizens?? Isn't this information provided
on the application that we submit?
3. 5-18.2 (c) When the word "housing enclosures" is used you are referring to dog houses, runs, ect
correct?? You are not referring to fenced in back yards having to be 200 feet from another dwelling
right??
Just some concerns that I have as a non-commercial permit holder. It seems pretty extensive for a
private citizen who has more then 2 dogs.
4/7/2004
Message Page 2 of 2
Thank You
Heidi Halverson
4/7/2004