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Ordinance 587 Approving Amendments to Shorewood City Code Chapter 705 (Farm and Other Animals)ORDINANCE 587 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN: SECTION l: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.02 (Definitions) is hereby repealed and replaced as follows: 705.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITYPERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. ENCLOSURE/RUN. An enclosed area where animals can roam unsupervised which may or may not be attached to the shelter, coop or hutch. MALTREATED ANIMAL. An animal that has not been given adequate food, water or proper shelter from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment, or that has been subjected to the conduct prohibited by M.S. § 343.21. NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interfere with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an OWNER or OWNERS. PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. RURAL FARMANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting, but not in an urban setting. UNDER RESTRAINT. An animal being within a private motor vehicle of a person owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. URBANFARMANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees and rabbits. URBAN FARMBIRDS. Ducks, geese, turkeys, chickens or guinea hens. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front -fanged venomous snakes, including the Viperidae and Elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over eight feet in length; C. Reptiles that have the physical ability as adults to cause substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and/or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that, as a breed, are considered wild by nature because of breeding, history, character, habit or disposition; and £ Mammals that have at least 25% of their heritage from mammals specified in paragraph e. above. g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil. SECTION 2: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.09 (Farm Animals) is hereby repealed and replaced as follows: 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single-family homes. The owner of the urban farm animals shall live in the dwelling on the property. b. An urban farm animal, including any enclosure and shelter, may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. Urban farm bird enclosures/runs and shelters shall be fully enclosed or covered with nets. C. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 705.06, Subd. 1. of this chapter. In addition to being located in the buildable area of the rear yard as required by paragraph b above, the shelter and any enclosure/run for urban farm birds must be situated closer to the animal owner's home than to any dwelling on an adjacent property and a minimum of 50 feet from an adjacent home. d. The urban farm animals, excluding bees, must be contained on the property by the use of a fence or other appropriate containment device or structure and all enclosures/runs, structures, or other containment devised must be kept in conformance with the regulations of Section 705.06 of this chapter. e. Roosters are not allowed. f. Culling urban farm animals for commercial purposes is prohibited. g. The ground or floor of the area where an urban farm animal (except bees) is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. h. The combined number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six. i. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in paragraphs h. and i. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. Subd. 3. Permit issuance; fees; expiration; revocation. (1) Permit Required. No urban farm animal may be kept in the city until a permit to do so has been conditionally approved by the Zoning Administrator and issued by the office of the Building Official, and the Building Official or staff representative has made an inspection of the property to ascertain that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property, with dimensions to the property lines. (b) Architectural plans showing floor plans, building elevations and dimensions. (2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee within the city's master fee schedule. (3) Expiration ofPermits. (a) The permit shall expire one year from the date the permit is issued. (b) A permit may be renewed according to the application process identified in subsection (1) above. (4) Denial of Permits. A request for a permit or permit renewal may be denied under the following circumstances: (a) The applicant fails to submit any of the materials or application fees required by this Chapter. (b) The materials submitted indicate improvements in violation of this Chapter. (c) The applicant has not requested the required inspection for three calendar months after the permit is issued. (d) The property owner was informed of a violation or multiple violations on the property and failed to correct it (theirs) as directed in Chapter 104.03. (e) The applicant has failed to comply with any condition set forth in any other permits under this section granted by the City of Shorewood. (f) The applicant, or one acting in their behalf, made oral or written misstatements or misrepresentations accompanying the application. (g) The activities of the property owner create or have created a danger to the public health, safety or welfare. (5) Revocation of Permits. Any permit issued under this section may be revoked or suspended as a penalty for a violation of this Chapter or for violation of the following conditions. No suspension or revocation may take effect until the permittee has received notice of the revocation, either personally, by US mail or electronic mail. (a) The permittee has proven unable to keep or shelter the animals or maintain the property as required by city code and/or the regulations in this chapter. (b) As a result of the permitted activity, the property contains conditions that might injure or endanger the safety, health or welfare of neighboring property owners or any member of the public. (c) The property owner has violated any regulation or provision of the Code applicable to the activity to which the license has been granted or any regulation or law of the state so applicable or has failed to pay any penalties required by this section and the master fee schedule. SECTION 3: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.10 (Penalty) is hereby repealed and replaced as follows: 705.10 PENALTY. Violation of this chapter shall be grounds for enforcement pursuant to § 104.03 of this code or revocation of permits as noted in Section 705.09 Subd. 3. SECTION 4: EFFECTIVE DATE. This ordinance shall take effect upon its passage and publication in the City's official newspaper. Adopted by the City Council of the City of Shorewood, Minnesota this 1 lth day of April, 2022. JENNIFER LABADIE, MAYOR rv01mk'� tN" -(-�AL SANDIE THONE, CITY CLERK