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2004-10 BILL NO. 2004-10 AN ORDINANCE RELATED TO ANIMAL CONTROL; REQUIRING A LICENSE FOR MULTIPLE CATS OR DOGS AT A RESIDENCE; AMENDING SUBSECTIONS 905.01,905.03, 905.09,905.27 AND 905.31 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 905.01, subdivision 3a of the Richfield City Code is amended to read as follows: Subd. 3a. "Commercial kennel" means a place where more th::m 1:\\'0 dogs or t\No oats ovor six monthc of 390 3re kept, and '.\'here the business of selling, boarding, breeding, showing, or grooming dogs or cats is conducted. Sec. 2. Subsection 905.01, subdivision 4 of the Richfield City Code is amended to read as follows: - Subd. 4. "Residential kennel" Multi-Pet residence means a place where more than two dogs or two cats over six months of age are kept on premises which are zoned and occupied for residential purposes. and 'Nhere the k.eeping of such dogs or cats is incident31 to the occupancy of the premises for residential purposes. Sec. 3. Subsection 905.03, subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Identification of licensed animal. Upon the issuance of an animal license by the city clerk public safety director or desionee or the city pound keeper, the licensee shall be provided with a metallic tag bearing the license number and the word "Richfield." Except where the animal for which the license is issued is indoors on the premises of his owner, the animal shall have a collar or harness on which the license tag, and current rabies tag is affixed. No person may counterfeit any tag of this city or use a counterfeit tag. Sec. 4. Subsection 905.09 of the Richfield City Code is amended to read as follows: ,,-..., 905.09. Public nuisances. The keeping of an animal which annoys other persons is a public nuisance and is unlawful. Upon the receipt of a written complaint of such annoyance by the occupants of two or more neighboring properties, the city shall notify the owner of such an animal that the nuisance shall be abated within 48 hours. Failure to obey a notice is a violation of this subsection and may be orounds for the City to take further leoal action. Sec. 5. Subsection 905.27 of the Richfield City Code is amended to read as follows: 905.27. Limit of doos and cats on one premise. Not more than two dogs or two cats over six months of age may sRaU be kept on anyone premise, except at a licensed commercial kennel, veterinary kennel, or a licensed residenti::11 kennel. multi-pet residence. Sec. 6. Subsection 905.31 of the Richfield City Code is amended to read as follows: 905.31. Kennel licenses. Subdivision 1. Definitions. The terms "commercial kennel," "veterinary kennel," and "residential kennel" "multi-pet residence" are defined in section 905.01. Subd. 2. License required. No person may operate a veterinary, or commercial kennel or ~ multi-pet residence residentkll kennel in this city without first obtaining a kennel license as provided in this subsection. Application for the license shall be made to the city clerk public safety director or desiQnee and must be accompanied by the license fee set by appendix D. The public safety director or desiQnee eIefk shall ref-er the 3pplic3tion to the council, administratively approve or deny the license. which m3Y grant or deny the license. Licenses issued for kennels shall be on an annual calendar basis.,. . which will run from January 1 st throuQh December 31st. Any resident who chooses to appeal the director's or desiQnee's administrative denial of the multi-pet residence. comercial kennel or veterinary kennel license may appeal that decision to the City Council. There will. however. be a non- refundable $500 appeal fee to do so. The director or desiQnee or council may impose conditions upon the granting of any multi-pet residence residential, veterinary, or commercial kennel license. Subd. 3. Approval of contiQuous property owners. The application for a residenti31 kennel multi-pet residence license, or commercial kennel license in 3 residential 3re3, shall be accompanied by a petition showing the approval of the occupants of privately owned real estate abutting the premises on which the multi-pet residence kennel is to be located. Whether or not all of the occupants of abutting property approve the application, the council director or desiQnee may grant or deny the license. The license may not be granted unless the council director or desiQnee finds that the use of the applicant's premises as a multi-pet residence residential kennel will not have, or will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the neighborhood. Subd. 3a Multi-pet licenses; special provisions. The maximum number of animals allowed under a multi-pet residence license is five. either two cats and three dOQS or three cats and two dOQs. Except as provided in this subdivision. no license may be Qranted to allow more than three cats or more than three dOQS on anyone premise. No license is required for a combination of up to two dOQS and two cats on one premise. For any multi-pet residence licenses issued prior to the effective date of this subdivision 3a. where the license allowed more than three cats or more than three dOQS on the premise. the director or desiQnee may renew the license for the same number of animals. on the condition that the licensee may not replace any animals that die or are removed from the premises until the licensee can do so in compliance with the maximum number stated in the first sentence of this subdivision. A multi-pet residence license may only be Qranted if the keepinQ of the dOQS or cats is incidental to the occupancy of the premises for residential purposes. - Subd. 3b Zoninq Compliance. A license will not be qranted for a veterinary kennel or commercial ken~E3I.. unless the kennel use complies with applicable requirements of the zoninq code. .. Subd.4. Revocation. Kennel or multi-pet residence licenses may be revoked by the council by reason of any violation of this subsection or by reason of violation of any other provisions of this code or any order, law or regulation. Subd. 5. Notice and hearinq. Before revoking a kennel license or a multi-pet residence license, the licensee shall be given notice of the meeting at which such revocation will be considered, and if the licensee is present at such meeting, the licensee must be given an opportunity to be heard. Notice of the meeting shall be given to the licensee in writing. Written notice shall be mailed to the address of the licensee as set forth in the licensee's application for the kennel license or multi-pet residence license, and it shall be mailed at least five days before the date of the meeting at which the revocation is to be considered by the council. Subd. 6. License fees. The fee for a veterinary or commercial kennel license and the fee for a residential kennel license multi-pet residence license are as fixed in appendix D. The residential kennel multi-pet residence license fee is in addition to the usual animal license fees provided in this section, if applicable. -- Subd. 7. Sanitation. Kennels and properties holdinq a multi-pet residence license shall be maintained in a clean and healthful condition at all times, and shall be open to inspection by the director of public safety, or their designee, at all reasonable times. Subd. 8. Reports to cit'!. Each month that a kennel is operated, the owner of the kennel shall report to the city manager, accurately stating in writing the greatest number of animals kept on the kennel premises during the preoeding calendar month. /\nimals kept by a kennel in itc capacity as the city pound need not be so reported. Sec. 7. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this 12th day of October, 2004. u }J1~ Martin J. 'Kir , Mayor ATTEST: ~ ~~ CI --- --- ...-, newspapers AFFIDAVIT OF PUBLICATION II ....cSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newsRaper once each week, for ~ successive week(s); it was first published on Thursday, the ~ day of October. 2004, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: r ; . , " " / -:~ CFO Subscribed and sworn to or affirmed before me on this 21 st day of October. 2004. /!1; ~AA~ Notary Public ~ 18 MARY ANN CARLSON NOTARY PUBUC - MINNESOTA ~ COMMISSION EXPIRES 141oGl1 RATE INFORMATION ~ (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line , (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line Citi~Bichfield, . (Oflieial Publication) ~YPVBLICATION BJU,NO.2004-10 ~ORD~AMENDMENTTQSEc#()NllO$' ORPINANc ..~ONTROL,OFTHE" ...... .c..... ..~::~~~~:~~~!~;:~1~9~'~~;0. tosectl~n.3,12l)fthPc~~eJdcitjrC~r/edP~uant :OnQ~bel'l~,2p04; the {!iiclrlie~d CitY-council adop"".ted : an ordiliancedeslanated"aS'B"'N" '200c10' '.th', , . ",mclds tilted 'b"~' . -- ."'-'. l)... ""'. ..,ectitleof i .' . s!l l)ve,. .. . of the ordinance is CPublishedp~'tll!1ttoS' ,of the Richfield Cit .... harter. This ordinance tCh' .' ..th ., 11 ~k;eP'?-el]jeeIlSetom1Jl~;pe ., .......celi=~~Ch~":.'th:. _liCimSi.Ilg l1~ar to aciil.endar l1eaJ:"; and.3)lows staff to a _ jgit;ec~.in~~~~~::a1:ill:e~~ppeal~ le' i. .~tlit":9~~~ma~/~e~tol1!l:1>rl);e~~':e; ; .-! a ina:xiin" . fEITHE'" eRl)1I11.oftl!esaJ:Ilesp..cies (i.e., 1- '. . ...nIDo. .' .. ~tJi1:ee.:e\l~.~iltWodogsORtwol . .' .., . ~tsandtbreedogs)'Wltl1.~e e1<ce~tionofthQsecresid~n-1 tial kenneLlicerise holders already having lIlor.~ tbanfiv:e 'animaJ.s,'Cllpiesofthe ortlin.an~ are availabl!, for,public fuspecnCjI) in the office of.the CIty Cl,erk durmg normal busfuess hours,or upon request by calling Be~l1 OS!x?X'!' of the PublicSafetl1.Department, Support Sel"VlcesDiVlSIon, at (612! 861-9881. . N~cyGibbs, Citl1 Clerk (Oct.2i;2004)D2I2004-10