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21-127 Approving the Publication of Ordinance 584 Regarding City Code Ordinance Amendments Related to Commercial Animal BreedersRESOLUTION 21-127 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 584 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED TO COMMERCIAL ANIMAL BREEDERS WHEREAS, at a duly called meeting on October 25, 2021, the City Council of the City of Shorewood adopted Ordinance No. 584 entitled "AN ORDINANCE APROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 701 (ANIMALS)" pertaining to commercial animal breeders; and WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapter 701 to amend regulations related to setting limits on commercial animal breeders; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city's website; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: The City Council finds that the above title and summary of Ordinance No. 584 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 584 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city's website. ADOPTED by the Shorewood City Council on this 8th day of November, 2021. M ab *-( - Sandie Thone, City Clerk 111nifir Labadie, Mayor ORDINANCE 584 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 701 (ANIMALS) Section 1: City code Chapter 701.02 (DEFINITIONS) is hereby added to and amended as follows: 701.02 DEFINITIONS. COMMERCIAL BREEDER. A person or business that owns, keeps, congregates, or confines animals for breeding and sales. COMMERCIAL KENNEL. A place where any number of dogs are kept, congregated or confined while providing veterinary care and indoor boarding. Section 2: City Code Chapter 701.03 (REGISTRATION AND LICENSING REQUIREMENTS) is hereby amended as follows. 701.03 REGISTRATION AND LICENSING REQUIREMENTS. Subd. 1. Licensure required. All dogs over the age of six months kept in this city, including those allowed by multiple dog license, shall be licensed and registered by the owner with the city. The fee for the license and registration shall be as shown in the Master Fee Schedule adopted by the City Council. License applications shall be made at the office of the City Clerk on city forms setting forth the name and address of the owner, the name, breed, age, color, and gender of the dog, and such other information as may be considered necessary by the city. Applicants shall provide proof that each dog has current vaccination against rabies. License tags, if issued at the election of the city, shall be securely attached around the dog's neck at all times during the license term. If the tag is lost or stolen, the owner may obtain a duplicate license and tag upon payment of a fee as shown in the Master Fee Schedule adopted by the City Council. Subd. 2. Term of license. See § 701.19 of this code. Subd. 3. New residents of city. Any person who moves into and becomes a resident of the city and who owns a dog within the city shall cause the same to be registered and licensed as provided hereinbefore within a period of not more than 30 days after becoming a resident of the city. Subd. 4. Transfer of license. The license of any dog, licensed by the city, may be transferred to a new owner of the licensed dog for the duration of that license. The transfer is when the information regarding the new owner is filed with the City Clerk. The fee for license transfers shall be shown on the Master Fee Schedule adopted by the City Council. Subd. 5. Revocation. Any person making any false statement on any license application required by this section shall be guilty of a misdemeanor. The City Clerk shall revoke any license issued under this section if the owner has made any false statement on the license application. No refund of any fees shall be due to the licensee whose license has been revoked. Subd. 6. Reinstatement. Any person whose license has been revoked under this section may reapply for such license after all deficiencies have been corrected. Any person making application after any revocation shall follow the procedures set out for the initial issuance of the license and shall pay the fees in the full amount that would be required for an original license. Section 3: City code Chapter 701.08 (Animal Breeders and Dealers) is hereby amended as follows: 701.08 ANIMAL BREEDERS AND DEALERS. No person, firm, or corporation shall establish, maintain, conduct, or operate as a commercial breeder of any animal within this City in violation of Chapter 701.06, Chaper 701.07, Chapter 705.05 Subd. 2, or Chapter 702.06; act as a breeder of any animal that is prohibited within the city by other chapter of City Code; or establish, maintain, conduct, or operate as a commercial kennel within this City in violation of Chapter 1200 (Zoning Regulations). Section 4: City code Chapter 701.19 (APPENDICES) is hereby amended as follows: 701.19 APPENDICES. Subd. 1. Dog license period. The license period shall be for the whole or unexpired portion of the year ending on the ensuing December 31. Subd. 2. Multiple dog license requirements. a. Within the limits of the city, no more than two dogs over the age of six months shall be allowed in any household unless the owners shall first obtain a multiple dog license. This license shall allow an owner to keep up to four dogs over the age of six months. Any person desiring a multiple dog license shall make written application upon a form prescribed by and containing the information as required by the city. Every owner is required to keep a valid, individual license tag securely fastened to the dog's collar or harness. The owner shall pay a fee for the multiple dog license as shown in the Master Fee Schedule adopted by the City Council. This license shall be valid for the period of one year, beginning on January 1 and ending on December 31, and is nontransferable. The application shall contain the following information: (1) The number of dogs over the age of six months to be maintained on the premises; (2) A description of the real estate property upon which the animals will be kept; (3) Written authorization for the city to inspect the premises which shall be valid for the length of the license. Application for a renewal license shall be inspected upon receipt of complaints. The inspection shall be to confirm compliance with the following criteria: (a) If an outdoor multiple dog shelter is provided, it must be constructed of suitable material to maintain and secure the keeping of dogs and to allow for sufficient space for the dogs. Standards for adequate shelter for dogs is specified in M.S. § 343.40 and is adopted by reference, including any amendments to that section. The space must be inspected and approved by the Animal Enforcement Officer. All surfaces must be constructed of material to provide for proper cleaning, drainage and maintenance and needs of the dogs. Multiple dog structures must be located within the prescribed setback requirements for the property and shall be located at least ten feet from the property boundary. All fences shall be located entirely upon the property of the fence owner. No boundary line fence shall be erected closer than three feet to an existing parallel boundary line fence; (b) Owners must ensure that dogs kept on a licensed premises do not create a nuisance by excessive barking or by creating unsanitary conditions. (4) Notification of any prior violations during the previous licensing period. b. Denial of license. The city may deny any license request based upon one or more of the following: (1) The Animal Enforcement Officer finds the multiple dog facilities inadequate; (2) Conditions of the license are not met; (3) A nuisance condition is found to be created by the dogs or owner; or (4) The multiple dog facility creates a public health and safety hazard or has placed the animals in an unreasonable endangerment. The city shall investigate all complaints and may issue a citation for violations. After a complaint has been received and found to be valid regarding a multiple dog license, the holder of the license shall appear before the City Council to state or explain their position. The appearance shall be within 30 days of the initial complaint and after notification of all contiguous property owners. The City Council will then decide the status of the license. C. Exceptions. (1) An applicant may apply to the City Council for an exception to the maximum number of dogs allowed per property. (2) This section shall not apply to nonresidents or dogs kept within the city for less than 30 continuous days. d. Revocation of multiple dog license. In addition to any other sanctions herein provided, violation of any of the terms of this chapter shall be grounds for termination of the privilege of keeping up to four dogs, and the license may be revoked. Revocation may occur for a violation attributable to any dog kept by the owners. Subd. 3. Animal nuisances. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely, to chase vehicles, defile or destroy any property, public or private, or to defecate in or upon public property or the property of another without being cleaned up immediately by the person in charge of the animal. The person having custody of the dog is responsible for disposing of the dog feces in a sanitary manner. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall subject the owner or custodian to the penalty hereinafter provided. NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 5. That Ordinance 584 Amending Shorewood City Code, Chapter 701 (Animals) has been hereby approved and adopted. Section 6. This Ordinance 584 adopting the Amendment to City Code, Chapter 701 (Animals) shall take effect upon publication in the City's official newspaper. ADOPTED BYTHE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 25th day of October, 2021. NNIFER LABADIE, MAYOR ATTEST: SANDIE THONE, CITY CLERK