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Council Memo Ordinance No. 579 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR DOG BREEDING KENNELS AND OPERATIONS WHEREAS , many cities have adopted interim ordinances or regulations on aspects of zoning regulations to study their impacts and determine whether regulations are appropriate in order to protect the public health, safety and welfare of their citizens; and WHEREAS , the Planning Commission has been requested to undertake a study to evaluate and recommend changes to the zoning ordinance that would regulate dog breeding kennels and operations within Shorewood city limits, NOW, THEREFORE , pursuant to Minnesota Statutes, Section 462.355 subdivision 4, the City Council of Shorewood does ordain: SECTION 1 . No applications related to the use, development, or any other planning applications for dog breeding kennels or similar operations in all zoning districts shall be accepted or considered for four (4) months from the effective date of this ordinance or until ordinances further amending such uses become effective, whichever occurs first. This section may be extended as provided in Minnesota Statutes, Section 462.355 subdivision 4. SECTION 2 . City staff is directed to conduct a study to determine how the zoning ordinances need to be amended regarding these types of uses to better protect the citizens of Shorewood. SECTION 3EFFECTIVE DATE . . This Ordinance shall be in full force and effect from and after its passage and publications according to law. Passed this 12th day of July, 2021. __________________________ Jennifer Labadie, Mayor ATTEST _____________________ Sandie Thone, City Clerk • • 9A - ® MEETING TYPE REGULAR ® City of Shorewood Council Meeting Item Title /Subject: Amendments to City Code for Commercial Animal Breeders Applicant: City of Shorewood Meeting Date: October 25, 2021 Prepared By: Marie Darling, Planning Director Attachments: Redlined Draft of the Amendments Ordinance Resolution for Summary Publication Background: On July 12, 2021, the City Council adopted a four -month moratorium on tdo City reeding and Code are nelcessary based research ed on the lalnd potential mpacs changes to the community. Staff reviewed the regulations in the following communities: Anoka, Chanhassen, Chaska, Eden Prairie, Inver Grove Heights, Maple Grove, Minnetrista, Plymouth, Ramsey, Victoria, and Woodbury . Below is a quick summary of how other cities regulate commercial Research Summary dog breeders: • Minimum lot size of 1 acre in residential districts: Chanhassen • Restrict the use to a large -lot, residential zoning district: Ramsey, Woodbury • Restrict to agricultural zoning districts: Inver grove heights, Plymouth, Victoria Require • property lines ttresidential 000 adjacent es: Chanhassen Inver Grove Heights, Victoria Conclusion from research: Commercial breeding operations are typically restricted to residential areas on large lots where greater setbacks to other residential properties and wetland /other protected waters can be provided to offset the negative impacts of noise, smells, contaminated run -off, etc. • Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Shorewood curr ntly allows two adult dogs, subject to licensing requirements. An owner may requ tst a multiple dog license to allow up to four adult dogs. Offspring are not restricted un il they reach a specific age. Anyone can currently sell their dog's puppies without a license or permit from the city. The zoning regulations already limit commercial kenneling to veterinary clinics o Recogniz that Shorewood is built out. There are no agricultural areas and few propertie large enough to include substantial setbacks to control the negative impacts commercial animal breeding. o Continue allowed t, o Define wt commerc has pets. ■ Dc • Ca lic • He • Ur n1 Financial or I ordinance am ordinance am Proposed Mo Motion Motion Action on the publication re Next Steps ordinance. allow people who own pets to breed them as they are currently do. f commercial animal breeders are and set the same limits on any breeding operation as would apply to any Shorewood resident that The limits are: two dogs or four dogs with a multiple kennel license three cats unless the applicant has a special home occupation se for kenneling /boarding ;es /Ponies: three maximum and .5 acres per each allowed animal in Farm Animals: six ?r animals: None. at Considerations: Outside of publication and staff time to draft the ent, there is no additional impact to the budget related to this ant. n: Staff recommends approval of the ordinance amendment. approve ordinance 584 amending Chapter 701 (Animals). approve a resolution for summary publication of the ordinance. inance requires a simple majority vote and action on the summary -es a super majority vote (4/5). Timeline: If the ordinance is adopted, staff would publish the 0 • • • ORDINANCE 584 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING NA 7 (ANIMA S) ND HOREWOOD CITY CODE A Section 1: City code Chapter 701.02 (DEFINITIONS) is hereby added to and amended as follows: 701.02 DEFINITIONS. congregates, or confines animals for breeding and saes. s� COMMERCIAL KENNEL. Akennelfier- t.--# nnro t� er -sefl+ � o confined while providing veterinar care and indoor boarding. • Section 2: City Code REQUIREMENTS) s hereby emended as follows. AND LICENSING 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 sho=es in the Master Fee Schedule adopted by the City Councilset by ordfnanse of the 6ity Gounsil. 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 e the of a fee asosh wn inthe Mas err Feeay obtain a duplicate license and tag upon payment ��� the Schedule adopted by the City Council set by Subd. 2. Term of license. See § 701 .19 of this code. Subd.3. Nf resident of the c registered and I days after becoi Subd.4. Tr transferred to a transfer is when fee for license ti City Council et Subd.5. Rt application requ shall revoke and statement on th whose license t Subd.6. R( section may rea person making the initial issuar required for an 701.06 LIMIT v residents of city. Any person who moves into and becomes a y and who owns a dog within the city shall cause the same to be ensed as provided hereinbefore within a period of not more than 30 ing a resident of the city. nsfer of license. The license of any dog, licensed by the city, may be ew owner of the licensed dog for the duration of that license. The he information regarding the new owner is filed with the City Clerk. The nsfers shall be shown on the Master Fee Schedule adopted by the y- ordinance of ihe-Gity Ceunsil. rocation. Any person making any false statement on any license ed by this section shall be guilty of a misdemeanor. The City Clerk license issued under this section if the owner has made any false license application. No refund of any fees shall be due to the licensee is been revoked. nstatement. Any person whose license has been revoked under this ply for such license after all deficiencies have been corrected. Any pplication after any revocation shall follow the procedures set out for :e of the license and shall pay the fees in the full amount that would be lainal license. S ON NUMBER OF DOGS. Within th limits of the city, no person may own, keep, harbor, or maintain more than two dogs o er the age of six months unless a multiple dog license is first obtained from the city. S § 701.19 of this code for multiple dog license requirements. (Ord. 504, pass d 10-28-2013) Section 3: C amended as 701.08 No code Chapter 701.08 (Animal Breeders and Dealers) is hereby BREEDERS AND DEALERS. , firm, or corporation shall establish, maintain, conduct, or operate as a 0 • 0 • 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 urely fastened city. Every owner is required to keep a valid, individual forthe mulgtiple dog license as to sec the dog's collar or harness. The owner shall pay a fee I prov+ded+n § 1302 of this sodeshown in the Master Fee Schedule adopted by the City ng Council. This license shall be valid for the period of one year, begin i shall conta n the and ending on December 31, and is nontransferable. The app following information: (1) The number of dogs over the age of six months to be maintained on the premises; on which the • (2) A description of the real estate property upon 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 p rior violations during the previous licensing period. • b. Denial of license. The city may deny any license request based upon one or mo of the following: (1) The Animal Enforcement Officer finds the multiple dog facilities inadeq te; (2) Conditions of the license are not met; (3) A nuisance condition is found to be created by the dogs owner; or (4) The multiple dog facility creates a public health and safety ireasonable endangerment. hazard or has pl ced the animals inssue actationf h or violations. After acompla ntlhas investigate all plaints and may been received a a� before he City Council to stateltorle license, the r position. ITheft the license shall ap appearance sha Irteo owners. The City Council awill t en decide the estatus of the license. contiguous prof y Exceptions. (1) An applicant may apply to the City Council for an exception to the maximum umber 2) r ofThi ssection shall not apply to nonresidents or dogs kept within the city fo less than 30 continuous days. d. Revocation of multiple dog license. In addition to any other rms sanctions herei provided, violation of any of to do this nd the license al grounds may be for termination o the privilege of keeping , p to revoked. Revo tion may occur for a violation attributable to any dog kept by the owners. Subd. 3. A mal nuisances. It shall be considered a nuisance for any animal to bar roperty or the property of another excessively, co inuously or untimely, to chase vehicles, defile or destroy any property, public or private or to defecate in or upon the public pi n charge of the animal. The without being cl aned up immediate) by person having c stody of the dog is responsible for disposing of the dog feces in a sanitaroynmarine ng anaact of nuisance shall subject rthe ownertor custodian ttotthe penalty from hereinafter prov ad. NOW THEREF RE the City Council of the City of Shorewood, Minnesota, ordains: Section 5. That rdinance 584 Amending Shorewood City Code, Chapter 701 (Animals) has b en hereby approved and adopted. Section . Tht (Animals) shall Ordinance 584 adopting the Amendment to City Code, Chapter 701 3ke effect upon publication in the City's official newspaper- 0 • • • ADOPTED BYTHE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 251" day of October, 2021. ATTEST: SANDIE THONE, CITY CLERK • JENNIFER LABADIE, MAYOR AN O Section 1: C amended as 701.02 congregates, or congregated or ORDINANCE 584 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA APPROVING NAMENDMENT O SHOREWOOD CITY CODE A Chapter 701.02 (DEFINITIONS) is hereby added to and BREEDER. A person or business that owns, keeps, >s animals for breeding and sales. KENNEL. A place where any number of dogs are kept, d while providing veterinary care and indoor boarding. Section Z City ode Chapter amended r 701.0 (REGISTRATION AND LICENSING REQUIREMEN )is 701.03 REGIS TION AND LICENSING REQUIREMENTS. Subd. 1. Li nsure required. All dogs over the age of six months kept in this city, including those Ilo The fee for the license and registration shall be srshown in the owner with the c y. the City Council. License applications shall be made Master Fee Sch ule adopted by Y at the office oft City Clerk on color, forms nd gender setting dognandesuch other information owner, the nam ,breed, age, the city. Applicants shall provide proof that each as may be consi ered necessary by Y PP dog has current accination against rabies. License tags, if issued at the election of the city, shall be se rely attached around the dog's neck at all times during the license upon paymenthoftage las shown) in the MasterrFee Schedule adolpted by the City Council - Subd. 2. Te m of license. See § 701.19 of this who moves into and becomes a Subd. 3. N residents of city. Any person resident of the c y and who owns a dog within the city shall cause the same to be 0 u • • 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 r err Fee Schedule adopted by the City Council. This license shall be • shown in the Mat 1 and ending on December 31, valid for the per, d of one year, beginning catio n shall contain following information: and is nontransf rable. The app (1) The number of dogs over the age of six months to be maintained on t premises; on which the (2) A description of the real estate property up animals will be pt. ect the (3) Written authorization for the aiiontforiapenewalPcense shall which shall be v lid for the length of the license. App be inspected up n receipt of complaints. The inspection shall be to confirm compliance with the followin criteria: (a) If an outdoor multiple dog shelter is provided, it must be constructed suitable material to maintain and secure the keeping of dogs and to allow for sufficie t space for the dogs. Standards for adequate shelter for dogs is specified in M.S § 343.40 and is adopted by reference, includ hie Animal Enforcement ng any amendments to that section. Th space must be inspected and approved Officer. All surfa s must be constructed of material to provide for proper cleaning, drainage and m intenance and needs of the dogs. multiple dog structures shall must bocated located within th prescribed setback requireAlefences shallrbe o ated entirely upon the at least ten feet rom the property boundary. property of the f nce owner. No boundary line fence shall be erected closer than three . feet to an exist 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 base upon one or mo of the following: (1) The Animal Enforcement Officer finds the multiple dog facilities inadeq ate; (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 pl ced the animals in an unreasonable endangerment. The city shall investigate all c mplaints and may issue a citation for violations. After a complaint has been received a d found to be valid regarding a multiple dog license, the holder of the license shall ap ear before the City Council to state or explain their position. The appearance sh Irteo�tners. The City Council will hen decide the after statusnotification he license. all contiguous prop y 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 25"' day of October, 2021. ATTEST: SANDIE THONE, CITY CLERK JENNIFER LABADIE, MAYOR ORDINANCE WHEREAS, at of Shorewood a AMENDMENT WHEREAS, the 701 to amend rE WHEREAS, the the ordinance bi on file in the offi website; RESOLUTION 21 -127 CITY OF SHREWOOD COUNTY O NEPIN OF MINNESOTA RESOLUTION APPROVING THE PUBLICATION OF I REGARDING CITY CODE W BRE NCE AMENDMENTS RELATED TO duly called meeting on October 25, 2021, the City Council of the City opted Ordinance No. 584 entitled "AN ORDINANCE APROVING AN SHOREWOOD CITY CODE CHAPTER 701 (ANIMALS) "; and City Council adopted a lengthy ordinance amending City Code Chapter ulations related to animals; and urp of this summary is to inform to publish only a summary of the ordinance with the full ord nance being e of the City Clerk during regular office hours and available on the city's NOW THEKht-u SHOREWOOD: 1. T I c 2. T PL SL 3. A ADOPTED by thi Attest: Sandie Thone IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF Council finds tat the above the public of the intent tand effect of he Ordinance. No. 584 0 • City Clerk is directed to publish Ordinance No. 584 by title and summary, uant to Minnesota Statutes, Section 412.191, Subdivision 4. Such Mary is to be substantially the same as the attached form. II copy of the Ordinance is available at Shorewood City Hall and on the city's website. Clerk City Council on this 25th day of October, 2021. Jennifer Labadie, Mayor