(A) Permit required. No person shall operate or maintain a hobby kennel, kennel or cattery in the city without first securing a permit as provided herein. Application for the permit shall be made to the City Clerk and shall be accompanied by the origination fee specified in the appendix to Chapter 35. The City Clerk shall refer the application to the City Council which may grant or deny the request.
(B) Term and fee. Permits shall expire on December 31 of each year and application for renewal shall be accompanied by the annual fee specified in the appendix to Chapter 35. The fee for permits granted after commencement of the permit year shall be prorated on a quarterly basis.
(C) Application. The application for a hobby kennel, kennel or cattery permit shall state the name and address of the owner, the location where the hobby kennel, kennel or cattery is to be kept, the number of dogs or cats proposed to be kept and a scale drawing and description of the primary enclosure in which the dogs or cats are proposed to be kept.
(D) Minimum standards. The provisions of M.S. §§ 346.35 through 346.44, cited as the Pet and Companion Animal Welfare Act, shall be the minimum standards required for the care and keeping of dogs and cats.
(E) Hobby kennel requirements. No permit shall be granted to any owner for the operation of a hobby kennel unless the primary enclosure within which the dogs are to sleep, eat and exercise is contained entirely within the principal structure on the premises.
(F) Kennel requirements. No permit shall be granted to any owner for the operation of a kennel unless the primary enclosure within which the dogs are to sleep, eat and exercise shall be enclosed completely with a wire mesh fence at least six feet in height and of sufficient gauge to insure the dogs’ confinement. No kennel shall be constructed or operated within 500 feet of any residential dwelling other than the owner’s.
(G) Cattery requirements. No permit shall be granted to any owner for the operation of a cattery unless the primary enclosure within which the cats are to sleep, eat and exercise is contained entirely within the principal structure on the premises.
(H) Health and sanitation conditions. Every kennel or cattery shall be maintained and operated in clean and healthful condition at all times and shall be open to inspection by any health officer, animal control officer or other person charged with enforcement of the city code or any health or sanitary regulation of the city. All refuse, garbage and animal waste shall be removed at regular intervals so as to keep the surrounding area free of obnoxious odors.
(I) Nuisance prohibited. No owner shall permit any of the animals to create any habitual noise from barking, crying, howling or screeching, or create any disturbance or nuisance of any kind whatsoever which unduly impairs the quiet and peaceful enjoyment of the surrounding area by other residents. Except as otherwise provided, a violation of this section is a petty misdemeanor.
(J) Exclusions. Commercial animal establishments, pet shops and veterinary clinics do not require permits under this section.
(K) Revocation. Any kennel or cattery permit may be revoked by the Council by reason of any violation of the city code or by reason of the violation of any health or nuisance ordinance, order, law or regulation.
(L) Appeal. Any person aggrieved by the action of the city or any person whose permit has been revoked without notice may appeal to the Council by filing, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on the appeal and notice of the hearing shall be given to the person appealing by mailing, to the address set forth on the application, written notice at least seven days prior to the hearing.
(‘81 Code, § 5-12) (Ord. 145, passed 6-24-74; Am. Ord. 304, passed 10-13-83; Am. Ord. 368, passed 9-25-86; Am. Ord. 523, passed 10-24-91; Am. Ord. 887, passed 4-8-10; Am. Ord. 1019, passed 9-22-16; Am. Ord. 1049, passed 8-23-18)
Statutory reference:
For provisions concerning state agency license requirements, see M.S.§§ 347.32 and 347.34