HomeMy WebLinkAbout2019 Home Occupation Permit - First Year Permit & Related Materials 11
$100.00 No. 2019-001
State of Minnesota ) City of Oak Park Heights
County of Washington )ss. Office of Administration
2019 Home Occupation Permit
IN CONSIDERATION OF the statements made by Michelle Marie Lorenz in her application
therefore duly filed in this office,which application is hereby made a part hereof,PERMISSION IS
HEREBY GRANTED To said Michelle Marie Lorenz(Applicant)as owner of Stillwater Premier
Bengals,a Bengal cat breeding business situated upon that tract of land with the physical address
of 14860 Upper 55th St.N.,Oak Park Heights,MN 55082.
This permit is granted upon the express conditions that said owner and her contractors,agents,
workers and employees,shall comply in all respects with the December 11,2018 conditions of
approval as noted below and ordinances of the City of Oak Park Heights.
Conditions of Permit:
1. When requested by the City,the Applicant shall provide the City Administrator and/or Building
Official unscheduled access to the home and garage areas for the purposes of an animal
welfare check including access to all animal records.For the purposes of this condition,access
must be granted within two hours of a request made by the City. Nothing in this condition
supersedes the City's ability to access the property if alternative legal methods are warranted
and utilized.
2. The Applicant's State licensure shall remain in proper order and in-effect.
3. All cats and dogs kept at the property shall be duly licensed over the age of 6 months; no
exceptions.
4. The Applicant shall maintain a medical/welfare file of any animal on the premises over 14 weeks
old. Such data shall include status of medical examinations with signatures by a licensed
veterinarian including but not limited to, proof of vaccinations and other records so as to
reasonably ascertain health and wellness.
5. The Applicant shall comply with State Statute(s) associated with any animals kept on the
property, including but not limited to MN STAT. 343.20, 343.21, 343.24, 343.27, 343.28 &
343.31 and 346.35;346.36,346.37&346.39
6. No more than two(2)males and(8 females)cats may be kept on the property.Litters of kittens
under the age of 24 weeks are not included in this calculation.A HEPA air filtration system shall
remain fully-operable and utilized at all times.
■
7. No cats may be maintained outdoors or outside the primary home or its attached garage. All cats
shall have reasonable time outside of their respective caged area to free roam within the garage
area and not less than 1 hour per day to do so.
8. Boarding, keeping or maintaining of other cats and dogs not specifically owned by the Applicant
is prohibited.
9. All animal waste shall be maintained in fashion so that it does not create a noxious odor or visual
impairment to the neighborhood. The Applicant shall additionally pay a $75.00 annual fee to the
City to offset the estimated tonnage associated with cat litter disposal.
10. Should the Applicants move from the premises, yet decide to retain ownership of the home and
rent out such space, this permit would be void. The Applicant must maintain the home as their
primary domicile and occupy such home.
11 . The Applicant agrees that any enforcement action deemed necessary by the City under this
permit shall be immediately complied with. Any enforcement action (including impoundment
and/or boarding costs) initiated by the City under this permit shall be at the cost of the Applicant
who shall reimburse the City therefore, including but not limited to the City's attorney's fees.
Given under the hand of the CityAdminis ator •said City of Oak Park Heights and its
corporate seal this 19th day of December, 21 __
./ ,
SfIr
ric A Johnson, City Administrator , ,
1 \.., ) '.
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Oak Park Heights
Request for Council Action
Meeting Date December 11a',2018
Time Required: 5 Minutes
Agenda Item Title: Consider S.- ial Home O U. ion Permit—14860 U..a treet
Stillwater Premier Ben d�
Agenda Placement Public He: ylsiness
Originating Department/Reques Ajd' � � Administrator
Requester's Signature
Action Requested Discussion/'' sible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached memo dated 12/7/18
Page 57 of 158
City of Oak Park Heights
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
12/7118
MEMO
TO: Mayor and City Council bers
FROM: Eric Johnson,City • in ),1 '/
RE: Special Home Occupation U - Request•14860 Upper 55th Street N.
Summary:
The Corey and Michelle Lorenz,(the Appli : ts)the owner of 14860 Upper 55th Street have been operating a cat breeding
business'Stillwater Premier Bengal Cats"inside the garage of their property for approximately the last 12 months. The
Applicants were unaware that such a use—a commercial operation-is not permitted in the City without a review and the
possible issuance of a Home Occupation Permit.In this particular case a SPECIAL HOME OCCUPATION PERMIT.They
have now applied for under such permit under City Ord.401.15 M.2.b.
The Applicants breed "Bengal cats", a domestic breed identified by the American Cat Fancier Association -
http://www.cfa.oro/Breeds/BreedsAB/Bengal.aspx The Applicant's sell such kittens for approximately$1,000 each and
are apparently desirable due to their markings and temperament
Attachments:
1. Application and Breed Information
2. Photos from Site Visit made on 12/6/18.
3. MN Statutory elements
4. City Ordinances: 601 Kennel and 4015.15 M-Special Home Occupations
5. Copy of Public Hearing Notice
Site Visit:
The Applicants keep the cats inside their attached garage which is approximately 400 square feet,(two-car garage).Such
garage is insulated and heated.At the time of the visit,the cats appeared to be healthy, friendly and in good condition.
Each cat(except the breeding pair)is contained in a large two-level cage.The garage was warm,tidy with less odor than
expected;the Applicants have installed a HEPA air filtration system in the garage.The garage is just off-the kitchen in a
rambler-style home. NOTE:The Applicants also have a Kennel Penna for the three companion dogs.
Kennels:
City Ord.601 does reference and require a Kennel permit when there are three or more dogs located on the premises.
However, the definitions in the City's ordinances does only apply for dogs—noted below. In effect,there is not specific
"limit'on the number of cats in a home.
601.08 Kennels. It shall be unlawful to operate any kennel unless a permit to operate the same hes been secured
from the City Cound In advance,
Page 58 of 158
I. 'Commercial Kennel'means a kennel where dogs are bred and/or sold for re-sale, individually or in litter lots,
whether or rat any of these animals are also kept for personal use end where the business may be a primary source
of income.Commercial kennels are also places where dogs are boarded,groomed,or trained for a fee.
L. 'Kenner means any place where three(3)dogs or more(or up to the number of dogs permitted as an accessory
use within the City's Zoning Codes and within the limitations therein provided)over four(4)months of age are kept,
raised,sold,boarded,bred,shown,treated,or groomed.
However, it is the element of the commercial activity being conducted in the home-the act of operating a business,
per-se(as these are not companion animals)and having people come to the property for the viewing and purchase
of such animals that triggers such review.
Special Home Occupation and State Licensure:
City Ord. 401.15 M 3.c.2 does allow a SPECIAL HOME OCCUPATION to be conducted in an Accessory Structure
(garage), assuming compliance with the other related elements found in 401.15 M. a& b;the latter which outlines
exterior storage,prohibition of outside employees, prohibition of signage,application of building codes, and hours of
operation,
The Applicants have provided proof of their registration#849420 with the State of Minnesota and which also requires
a site inspection by State personnel and verification by a veterinarian.Both reviews are intended to prevent improper
conditions.
Recommendation:
The Applicant's proposal and uses does not appear that it would alter the residential character of the neighborhood
as all operations would be indoors and visits to the site from prospective buyers of the cats would likely be very
limited and of non-commercial vehicle types. Staffs larger concern is that of animal welfare. but for which the City
must heavily rely on the reviews outlined by the State of MN.Therefore,STAFF would recommend approval with
the following conditions.
Conditions for Approval:
In addition to those requirements found in City Ordinances including but not limited to 401.15 M.3.a and b(parts 1 &
2)the following shall be conditions of approval as noted below(1-11); if non-compliance is found by the City it shall
be immediate grounds for Permit revocation and all animals shall be removed from the City within 72 hours:
1. The Applicant shall provide the City Staff imrnediate access to the property for the purposes of site inspection and animal welfare
check at any-time,including access to all animal records.
2. The Applicant's State licensure shall remain in proper order and In-effect
3. All cats and dogs kept at the property shall be duly licensed over the age of 6 months;no exceptions.
4. The Applicant shall maintain a medical/welfare file of any animal on the premises over 14 weeks old.Such data shall include
status of medical examinations with signatures by a licensed veterinarian including but not limited to,proof of vaccinations and
other records so as to reasonably ascertain health and wellness.
5. The Applicant shall comply with State Statute(s)associated with any animals kept on the property,including but not limited to MN
STAT.343.20,343.21,343.24,343.27,343.28&343,31 and 346,35;346.36,346.37&346.39
6. No more than two(2)males and(8 females)cats may be kept on the property.utters of kittens under the age of 24 weeks are
not included in this calculation.A NEPA air filtration system shall remain fully-operable and utilized at all times.
7. No cats may be maintained outdoors or outside the primary home or its attached garage.All cats shall have reasonable time
outside of their respective caged area to free roam within the garage area and not less than 1 hour per day to do so.
8. Boarding,keeping or maintaining of other cats and dogs not specifically owned by the Applicant is prohibited.
Page 59 of 158
9. All animal waste shall be maintained in fashion so that it does not create a noxious ado-or visual impairment to the neighborhood.
The Applicant shall additionally pay a$75.00 annual fee to the City to offset the estimated tonnage associated with cat litter
disposal.
10. Should the Applicant's move from the premises,yet decide to retain ownership of the home and rent out such space,this permit
would be void.The Applicant must maintain the home as their primary domicile and occupy such home.
11. The Applicant shall agree that any enforcement action deemed necessary by the City shall be immediately complied with and any
subsequent enforcement(including impoundment and/or boarding costs)shall be billable to the Applicant and non-payment of
which shall be fully assessable to the property as a tax lien.
Page 60 of 158
kiractintar 1
4,1#
City of Oak Park Heights
14168 Oak Park Blvd.
Box 2007
Oak Park Heights,MN 55082
Phone(651)439-4439 -Fax(651) 439-0574
www.cityofoakparkheights.com
HOME OCCUPATION PERMIT APPLICATION
Work CGS I-3S 3- 12ZB
_� J 1 rsonoJ
Applicant:M,cheJJe 1n4v e. L-OYPJ?X Phone# 1 LPS-1-4 Bram
Street Address: p0 1Lp f1 rr 55/71") St-Ni
Cit 7t.k t rk 14e1911f3zip SSOg2 Email: Wk Id tc..e.tz' uh - - k i -n .1,rw I y .Cory
Pursuant to MN Statute 270.072 Tax Clearance; Issuance of Licenses,the licensing
authority is required to provide the Minnesota Commissioner of Revenue your Minnesota
business tax identification number and social security number of each license applicant.
Please provide the following information as it applies to your home occupation:
Business Name: Sti(1 voter Premi pr Btri6Js
Minnesota Tax Identification Number: 55-11,25g$ J
Federal Tax Identification Number: 82-act-! Oq sz
Personal Information(Name):hicks I f e Lp i.Pvi
Social Security Number: , Vit,;, - 1 1 7.
For application property:
Street Address: :14 gi,30 Upper 55/-/11
City19 .rk Zip 5-503i -
Legal Description of the property:
n je IVI! ( 11 . _om e
Zoning District:
Is the property connected to the City water and sewer system? Yes No
Page 61 of 158
(If additional space is needed to adequately answer the following, please accurately
number and answer the responses on the back of these sheets.)
Describe the home occupation(type of home business) being proposed:
Beln3a1 breve.-.'c /Sac€ of ki461s.
Describe the character of the existing surrounding property:
ResicLevit=ic. deipoorhood
Who is to be employed in proposed occupation?
f liCI1 ((Q I °raiz
Will any person(s) be employed that does not live at the occupation address listed in this
application? Yes )( No
In what part of the structureuwill the occupation be located?
r (' e DA.Vi its (Y — —
2
Page 62 of 158
How many customers will be served at one time?
What are the intended days and hours of this occupation?
i t va,lri es, bi.t 1-1- • by appoint-wilt- on/3
What service will this occupation provide?
Se( llnL of k-1 ffer)s
Is off street parking available? )( Yes No
If yes,describe location,capacity and type of surface:
DriV2wait Vat. haxtv a 4 Car NriVa
Will there be a need for street parking? Yes X No
If yes, how much space will be needed?
3
Page 63 of 158
Will the occupation require the use of an accessory building? Yes No
If yes, please justify the need of an accessory building and describe the facility:
Will the home occupation require or involve any equipment not normally found in a
dwelling unit? Yes No
If yes, please describe the equipment:
Will the occupation involve over-the-counter sale of merchandise produced off the
premises? Yes No
If yes, please describe the merchandise to be sold:
How long do you anticipate the occupation be carried on at this address?
5 .ears
4
Page 64 of 158
How much of an investment in the premise is required for this occupation?
If an investment is required,does it include alteration? Interior Exterior
If so,Please describe the required alteration:
Done
Are other governmental licenses or permits required to legally conduct business in this
occupation? )( Yes No
If yes,please list the licenses and/or permits below:
MN board of A-m mcd hea 1-fh i�r Gorr,meroed Breeders
LlcevlSe.
The City reserves the right upon issuing any home occupation permit to inspect the
premises in which the occupation is being conducted to insure compliance with the
provisions of Zoning Ordinance 401.15.M"Home Occupations."
May the City inspect the premise during the application process? K Yes No
If no,please explain:
5
Page 65 of 158
Is there any additional information regarding this application that the City should be
aware of concerning the occupation?
4
+
Pr/ ' ! _ 1 : Wa t . A [I
" 'Vi. g+fie
By signing this application, I declare that I have read all applicable City Ordinances. I
affirm that all information provided to the City of Oak Park Heights on this application,
or as a part thereof, is true and accurate to the best of my knowledge.
Date: 11 11 / 2Q/ iov1 n
z
Signature of Applicant
Please Check One: Fee shall be submitted with complete application.
X New: Special Home Occupation — Fee: $100
(Ordinances 401.03 & 401 .15.M)
New: Permitted Home Occupation Fee: $ 25
(Ordinance 401 .15.M)
Home Occupation Renewal (Annual) - Fee: $ 15
6
Page 66 of 158
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Page 67 of 158
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Page 69 of 158
Breed Profile:The Bengal Page 1 of 6
R
(http://www.cfa.org/Home.aspx)
DNA eE"s me(http://www.catdnatest.org) I eCat Online(https://ecat.cfa.org/)I Herman
(http://hol.cfa.org/)I Secure CFA(https://secure.cfa.org) I Catalog(http://catalog.cfa.org)I FAQs
About CI MboutCFA/FAQs.aspx)I Cor> eechkboutCFA/Contacts.aspx)I Home(/Home.aspx)
(Http://Www.cfa.org/AboutC FA.aspx)(Http://Www.cfa.o rg/B reeds.aspx)
Shows Registration
(Http://Www.cfa.org/Shows.aspx)(Http://Www.cfa.org/Registration.aspx)
Owners Breeders
(Http://Www.cfa.o rg/Own a rs.as px)(Http://W ww.cfa.o rg/B reed a rs.a spx)
Legislative Exhibitors
(Http://Www.cfa.o rg/Legislative/LegislativeGroup.aspx)(Http://Www.cfa.org/Exh ibitors.a spx)
( Bengal
(/Breeds/BreedsAB/Bengal.aspx)
Page 70 of 158
http://www.cfa.orgBreeds/BreedsABBengal.aspx 12/7/2018
Breed Profile: The Bengal Page 2 of 6
About the Bengal
Loved by those who appreciate its inquisitive and loving nature, the Bengal is a
medium to large domestic cat most renowned for its richly colored, highly
contrasted coat of vivid spots or distinctive marbling. The Bengal is the only
domestic cat breed that can have rosettes like the markings on Leopards, jaguars
and Ocelots.
Bengals are generally
confident and devotedr t'
companions. They get \::
�:�"..4 _tr
along well with other pets � '
40$ --elsw;a":•;* "' OA:
when properly introduced
and enjoy being part of aw �,`
family. Active andOg* "
.144ilPN,4
+ rF 'vell
interactive, Bengals are . ,
curious and athletic and
maintain a kitten-like
energy and attitude well into their senior years. These affectionate cats engage
their owners in play, learn tricks, learn house-rules, or just like to be close. Some
Bengals are generally talkative while others prefer to wait for the right time to
communicate. Many Bengal Cats have an affinity for water and will enjoy watching
you brush your teeth, while others are keen to join you in the shower.
The charm of the Bengal personality may only be eclipsed by its beauty. While the
most recognized color and pattern is the brown spotted or rosetted tabby (which
is reminiscent of a Leopard-like color and pattern) Bengals come in two basic
pattern flows: the spotted/rosetted and the marbled. The marbled pattern looks
more like the extended blur of a Clouded Leopard's markings.
Many people are captivated by the wild expression on a cuddly kitten that comes
from the distinctive tabby facial markings and large oval, nocturnal eyes. The
highly contrasted markings appear in all Bengals no matter the pattern and color,
even in the seal lynx point or black silver tabby with their "snow leopard"
Page 71 of 158
12/7/2018
http://www.cfa.orglBreeds/BreedsAB/Bengal.aspx
Breed Profile: The Bengal Page 3 of 6
appearances. While most
,,!Atli .- Bengals have green, yellow
le IA, s ' a a ,' or gold eyes, the lynx points
\.. ' r ,, have blue eyes and the
.4 .. r' .1..T e •� minks have aqua eyes. Some
I ` ', - Bengals have "glitter," a
i ` "
,�; . sparkle at the tips of the
fhairs visible when the light
or ' catches them. To mimic the
look of a wild cat, Bengals
',r'� � .1 have wide noses with
,� rominent nose leather (the
Photo: Hetrm t P
skin on the tip of the nose),
and the muzzle is completed with prominent whisker pads. With too many color
and pattern combinations to fully describe here, it is safe to say that everyone will
have their favorite and there are enough varieties to tickle each person's fancy.
But wait until you feel a Bengal. First, you will encounter the pelt-like plush coat
that is like the coat on no other domestic cat. Ranging from rabbit-like softness to
the resilience of the densest hand-tied rug, the Bengal fur is an unexpected treat.
Underneath that plush, patterned coat, Bengals are well-muscled-even the
females, which are smaller than the males-with long bodies and thick tails to
provide balance.
Observing the Bengal Cat in motion is the best way to appreciate its unique
combination of strength and elegance. More like a basketball player than a
gymnast, the grace of a Bengal cannot be denied when it is simply walking across
the back of your sofa or getting ready to pounce on the teaser toy in interactive
play. And yes, the Bengal can take a spectacular spill,just like that basketball
player landing after an amazing dunk.
Like all domestic cats, the Bengal Cat traces its origins to non-domestic ancestors.
However today's domestic Bengal Cat comes only from breeding Bengals to other
Bengals and requires no specialized care. You need only open a fashion or style
Page 72 of 158
http://www.cfa.org/BreedsBreedsABBengal.aspx 12/7/2018
Breed Profile: The Bengal Page 4 of 6
magazine to appreciate that throughout x;
history there are indications of a - f .4 tr ?,�
profound human fascination with the 4\-:,.;
h=1
large and small wild felines that inhabit Y'�k}TY{{
the jungles and forest of the world. In / , ..
1963,Jean S. Mill crossed the domestic cat E
with the Asian Leopard Cat, a spotted, five
to twelve pound, shy non-domestic cat ,
Aiktospecies from Asia. This was the first effort G -".
use hybrid offspring to create a breed . . '"
Y P g ,.
of domestic cat with the loving nature of
the best fireside tabby and the striking
look of Leopards, Ocelots and Jaguars.
The modern Bengal breed traces to cats ,,,rwito: Hein-0
bred by Mrs. Mill in the early 1980's.
When searching for your own Bengal companion, look for a breeder well versed in
feline health, including genetic health, particularly as it applies to Bengals. Expect
detailed questioning to help the breeder make a match between you and a Bengal
cat or kitten. The breeder should expect your questions as well, and so do your
breed research and approach breeders with your enthusiasm and thoughtful
questions about the breed and feline care. Going to shows is a great way to see a
variety of Bengal cats and meet breeders who can help you learn more. Breeders
will usually allow their kittens to go to their new homes at between 12 and 16
weeks of age.For more information, please contact the Breed Council Secretary
(/Breeds/BreedCouncils/BCSecretaries.aspx)for this breed.
Bengal. Links
ElQR code breed tag (/Portals/O/documents/breeds/QRtags/Bengal.pdf)
giBreed Standard (/Portals/0/documents/breeds/standards/bengal.pdf)
Breed Presentation (/Portals/0/documents/judges-ce/Bengal.pdf)
RiRegistration Rules (/Portals/0/documents/breeds/rules/bengal.pdf)
Page 73 of 158
http://www.cfa.org/Breeds/BreedsABBengal.aspx 12/7/2018
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1 Commercial Dog and Cat Breeders(Supplement)
2
3
4 Data Privacy
5
6 13.643 Subd.6.Animal premises data.(a)The following data collected and maintained by the Board of
7 Animal Health related to registration and identification of premises and animals under chapter 35, are
8 classified as private or nonpublic: (1)the names and addresses; (2)the location of the premises where
9 animals are kept;and(3)the identification number of the premises or the animal.
10 (b)Except as provided in section 347.58, subdivision 5, data collected and maintained by the Board of
11 Animal Health under sections 347.57 to 347.64 are classified as private or nonpublic.
12 (c)The Board of Animal Health may disclose data collected under paragraph (a)or(b)to any person,
13 agency,or to the public if the board determines that the access will aid in the law enforcement process or
14 the protection of public or animal health or safety.
15
16
17 Cruelty to Animals
18
19 343.20 Definitions.
20 Subdivision 1.Application. Except as otherwise Indicated by the context,for purposes of sections 43.20
21 to 346.36, the terms defined in this section have the meanings given them.
22 Subd. 2.Animal. "Animal"means every living creature except members of the human race.
23 Subd. 3.Torture;cruelty. 'Torture"or"cruelty'means every act, omission, or neglect which causes or
24 permits unnecessary or unjustifiable pain, suffering,or death.
25 Subd.4. Impure milk. "Impure and unwholesome milk"means all milk obtained from diseased or
26 unhealthy animals, or from animals fed on any substance which is putrefied or fermented.
27 Subd. 5.Animal control officer. "Animal control officer"means an officer employed by or under contract
28 with an agency of the state, county, municipality, or other governmental subdivision of the state which is
29 responsible for animal control operations in its jurisdiction.
30 Subd.6. Pet or companion animal. "Pet or companion animar includes any animal owned, possessed
31 by,cared for, or controlled by a person for the present or future enjoyment of that person or another as a
32 pet or companion,or any stray pet or stray companion animal.
33 Subd.7. Service animal."Service animal"means an animal trained to assist a person with a disability.
34 Subd. 8. Substantial bodily harm. "Substantial bodily harm"means bodily injury which involves a
35 temporary but substantial disfigurement,or which causes a temporary but substantial loss or impairment
36 of the function of any bodily member or organ,or which causes a fracture of any bodily member to a
37 service animal or a pet or companion animal.
38 Subd.9. Great bodily harm. "Great bodily harm"means bodily injury which creates a high probability of
39 death,or which causes serious permanent disfigurement, or which causes a permanent or protracted loss
40 or impairment of the function of any bodily member or organ, or other serious bodily harm to a service
41 animal or a pet or companion animal.
42
43 343.21 Overworking or mistreating animals; penalty.
44 Subdivision 1. Torture. No person shall overdrive, overload, torture,cruelly beat, neglect,or unjustifiably
45 injure, maim, mutilate,or kill any animal,or cruelly work any animal when it is unfit for labor,whether it
46 belongs to that person or to another person.
47 Subd.2. Nourishment;shelter. No person shall deprive any animal over which the person has charge
48 or control of necessary food, water, or shelter.
49 Subd.3. Enclosure. No person shall keep any cow or other animal in any enclosure without providing
50 wholesome exercise and change of air.
51 Subd.4. Low feed. No person shall feed any cow on food which produces impure or unwholesome milk.
52 Subd. 5. Abandonment. No person shall abandon any animal.
53 Subd.6. Temporary abandonment. No person shall allow any maimed,sick, infirm,or disabled animal
54 to lie in any street, road, or other public place for more than three hours after receiving notice of the
55 animal's condition.
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1 Subd. 7. Cruelty. No person shall willfully instigate or in any way further any act of cruelty to any animal
2 or animals, or any act tending to produce cruelty to animals.
3 Subd. 8. Caging. No person shall cage any animal for public display purposes unless the display cage is
4 constructed of solid material on three sides to protect the caged animal from the elements and unless
5 the horizontal dimension of each side of the cage is at least four times the length of the caged animal.
6 The provisions of this subdivision do not apply to the Minnesota State Agricultural Society, the Minnesota
7 State Fair, or to the county agricultural societies,county fairs, to any agricultural display of caged animals
8 by any political subdivision of the state of Minnesota, or to district, regional or national educational
9 livestock or poultry exhibitions. The provisions of this subdivision do not apply to captive wildlife, the
10 exhibition of which is regulated by section97A.041.
11 Subd. 8a. Harming a service animal. No person shall intentionally and without justification do
12 either of the following to a service animal while it is providing service or while it is in the custody of
13 the person it serves: (1) cause bodily harm to the animal; or(2) otherwise render the animal unable
14 to perform its duties.
15 Subd. 9. Penalty. (a) Except as otherwise provided in this subdivision, a person who fails to comply with
16 any provision of this section is guilty of a misdemeanor. A person convicted of a second or subsequent
17 violation of subdivision 1 or 7 within five years of a previous violation of subdivision 1 or 7 is guilty of a
18 gross misdemeanor.
19 (b)A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily
20 harm to a pet or companion animal may be sentenced to imprisonment for not more than one year or to
21 payment of a fine of not more than$3,000, or both.
22 (c)A person convicted of violating paragraph (b)within five years of a previous gross misdemeanor or
23 felony conviction for violating this section may be sentenced to imprisonment for not more than two years
24 or to payment of a fine of not more than$5,000, or both.
25 (d)A person who intentionally violates subdivision 1 or 7 where the violation results in death or great
26 bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than two years
27 or to payment of a fine of not more than $5,000, or both.
28 (e) A person who violates subdivision 8a where the violation renders the service animal unable to
29 perform its duties is guilty of a gross misdemeanor.
30 (f)A person who violates subdivision 8a where the violation results in substantial bodily harm to a service
31 animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not
32 more than$5,000, or both.
33 (g)A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily
34 harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another
35 person, may be sentenced to imprisonment for not more than two years or to payment of a fine of not
36 more than $5,000,or both.
37 (h)A person who violates subdivision 8a where the violation results in death or great bodily harm to a
38 service animal may be sentenced to imprisonment for not more than four years or to payment of a fine of
39 not more than $10,000,or both.
40 (i)A person who intentionally violates subdivision 1 or 7 where the violation results in death or great
41 bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another
42 person, may be sentenced to imprisonment for not more than four years or to payment of a fine of not
43 more than$10,000, or both.
44 Subd. 9a. Harm to service animals; mandatory restitution and civil remedies. (a) The court
45 shall order a person convicted of violating subdivision 8a to pay restitution for the costs and
46 expenses resulting from the crime. Costs and expenses include, but are not limited to, the service
47 animal user's loss of income, veterinary expenses, transportation costs, and other expenses of
48 temporary replacement assistance services, and service animal replacement or retraining costs
49 incurred by a school, agency, or individual. If the court finds that the convicted person is indigent,
50 the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
51 (b) This section does not preclude a person from seeking any available civil remedies for an act that
52 violates subdivision 8a.
53 Subd. 10. Restrictions. If a person is convicted of violating this section, the court shall require that pet or
54 companion animals that have not been seized by a peace officer or agent and are in the custody or
55 control of the person must be turned over to a peace officer or other appropriate officer or agent unless
56 the court determines that the person is able and fit to provide adequately for an animal. If the evidence
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1 indicates lack of proper and reasonable care of an animal,the burden is on the person to affirmatively
2 demonstrate by clear and convincing evidence that the person is able and fit to have custody of and
3 provide adequately for an animal. The court may limit the person's further possession or custody of pet or
4 companion animals,and may impose other conditions the court considers appropriate,including,but not
5 limited to:(1)imposing a probation period during which the person may not have ownership,custody,or
6 control of a pet or companion animal;(2)requiring periodic visits of the person by an animal control officer
7 or agent appointed pursuant to section 343.01,subdivision 1;(3)requiring performance by the person of
8 community service;and(4)requiring the person to receive psychological,behavioral,or other counseling.
9
10 343.24 Cruelty in transportation.
11 Subdivision 1.Penalty.Any person who does any of the following is guilty of a misdemeanor:(a)carries
12 or causes to be carried,any live animals upon any vehicle or otherwise,without providing suitable racks,
13 cars,crates,or cages in which the animals can both stand and lie down during transportation and while
14 awaiting slaughter;
15 (b)except as provided in subdivision 2,paragraph(a),carries or causes to be carried,upon a vehicle or
16 otherwise,any live animal having feet or legs tied together,or in any other cruel or inhumane manner;
17 (c)transports or detains livestock in cars or compartments for more than 28 consecutive hours without
18 unloading the livestock in a humane manner into properly equipped pens for rest,water,and feeding for a
19 period of at least five consecutive hours,unless requested to do so as provided in subdivision 2,
20 paragraph(b),or unless prevented by storm or unavoidable causes which cannot be anticipated or
21 avoided by the exercise of due diligence and foresight;or
22 (d)permits livestock to be crowded together without sufficient space to stand,or so as to overlie,crush,
23 wound,or kill each other.
24 Subd.2.Exceptions.(a)A person may carry or cause to be carried,upon a vehicle or otherwise,a
25 cloven-hoofed animal having legs tied together,if:(1)the person transporting the animal is the animal's
26 owner or an employee or agent of the owner;(2)the animal weighs 250 pounds or less;(3)the tying is
27 done in a humane manner and is necessary for the animal's safe transport;and(4)the animal's legs are
28 tied for no longer than one-half hour.
29 (b)A person or corporation engaged in transporting livestock may confine livestock for 36 consecutive
30 hours if the owner or person with custody of that particular shipment of livestock requests in writing that
31 an extension be allowed.That written request shell be separate from any printed bill of lading or other
32 railroad form.
33
34 343.27 Poisoning animals.
35 Any person who unjustifiably administers any poisonous,or noxious drug or substance to any animal,or
36 procures or permits it to be done,or unjustifiably exposes that drug or substance with intent that the drug
37 be taken by any animal,whether the animal Is the property of the person or another,is guilty of a gross
38 misdemeanor.
39
40 343.28 Animal with infectious disease.
41 An owner or person having charge of any animal who knows the animal has any infectious or contagious
42 disease,or knows the animal has recently been exposed to an infectious or contagious disease,who
43 sells or barters the animal,or knowingly permits the animal to run at large or come into contact with any
44 other animal,or with another person without that person's knowledge and permission shall be guilty of a
45 misdemeanor.
46
47 343.31 Animal fights and possession of fighting animals.
48 Subdivision 1.Penalty for animal fighting;attending animal fight.(a)Whoever does any of the
49 following is guilty of a felony:(1)promotes,engages in,or is employed in the activity of cockfighting,
50 dogfighting,or violent pitting of one pet or dompanion animal as defined in section 346.36,subdivision 6,
51 against another of the same or a different kind;(2)receives money for the admission of a person to a
52 place used,or about to be used,for that activity;(3)willfully permits a person to enter or use for that
53 activity premises of which the permitter is the owner,agent,or occupant;or(4)uses,trains,or possesses
54 a dog or other animal for the purpose of participating in,engaging in,or promoting that activity.
55 (b)Whoever purchases a ticket of admission or otherwise gains admission to the activity of cockfighting,
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1 dogfighting, or violent pitting of one pet or companion animal as defined in section 346.36, subdivision 6,
2 against another of the same or a different kind is guilty of a gross misdemeanor.
3 (c) Whoever possesses any device or substance with intent to use or permit the use of the device or
4 substance to enhance an animal's ability to fight is guilty of a gross misdemeanor.
5 (d) This sulxlivision shall not apply to the taking of a wild animal by hunting.
6 Subd. 2. Presumption of training a fighting dog. There is a rebuttable presumption that a dog has been
7 trained or is being trained to fight if: (1) the dog exhibits fresh wounds, scarring, or other indications that
8 the dog has been or will be used for fighting; and (2) the person possesses training apparatus,
9 paraphernalia, or drugs known to be used to prepare dogs to be fought. This presumption may be
10 rebutted by a preponderance of the evidence.
11 Subd. 3. Presumption of training fighting birds. There is a rebuttable presumption that a bird has been
12 trained or is being trained to fight if: (1) the bird exhibits fresh wounds, scarring, or other indications that
13 the bird has been or will be used for fighting; or (2) the person possesses training apparatus,
14 paraphernalia, or drugs known to be used to prepare birds to be fought. This presumption may be
15 rebutted by a preponderance of the evidence.
16 Subd. 4. Peace officer duties. Animals described in subdivisions 2 and 3 are dangerous weapons and
17 constitute an immediate danger to the safety of humans. A peace officer or animal control authority may
18 remove, shelter, and care for an animal found in the circumstances described in subdivision 2 or 3. if
19 necessary, a peace officer or animal control authority may deliver the animal to another person to be
20 sheltered and cared for. In all cases, the peace officer or animal control authority must immediately notify
21 the owner, if known, as provided in subdivision 5. The peace officer, animal control authority, or other
22 person assuming care of the animal shall have a lien on it for the actual cost of care and keeping of the
23 animal. If the owner or custodian is unknown and cannot by reasonable effort be ascertained, or does not,
24 within ten days after notice, redeem the animal by paying the expenses authorized by this subdivision, the
25 animal may be disposed of as provided in subdivision 5.
26 Subd. 5. Disposition. (a) An animal taken into custody under subdivision 4 may be humanely disposed of
27 at the discretion of the jurisdiction having custody of the animal ten days after the animal is taken into
28 custody, if the procedures in paragraph (c) are followed.
29 (b) The owner of an animal taken into custody under subdivision 4 may prevent disposition of the animal
30 by posting security in an amount sufficient to provide for the actual costs of care and keeping of the
31 animal. The security must be posted within ten days of the seizure inclusive of the date of the seizure. If,
32 however, a hearing is scheduled within ten days of the seizure, the security amount must be posted prior
33 to the hearing.
34 (c) (1) The authority taking custody of an animal under subdivision 4 must give notice of this section by
35 delivering or mailing it to the owner of the animal, posting a copy of it at the place where the animal is
36 taken into custody, or delivering it to a person residing on the property and telephoning, if possible. The
37 notice must include: (i) a description of the animal seized; the authority and purpose for the seizure; the
38 time, place, and circumstances under which the animal was seized; and the location, address, and
39 telephone number of a contact person who knows where the animal is kept; (ii) a statement that the
40 owner of the animal may post security to prevent disposition of the animal and may request a hearing
41 concerning the seizure and impoundment and that failure to do so within ten days of the date of the notice
42 will result in disposition of the animal; and (iii) a statement that all actual costs of the care, keeping, and
43 disposal of the animal are the responsibility of the owner of the animal, except to the extent that a court or
44 hearing officer finds that the seizure or impoundment was not substantially justified by law. The notice
45 must also include a form that can be used by a person claiming an interest in the animal for requesting
46 a hearing. (2) The owner may request a hearing within ten days of the date of the seizure. if requested,
47 a hearing must be held within five business days of the request to determine the validity of the
48 impoundment. The municipality taking custody of the animal or the municipality from which the animal
49 was seized may either (i) authorize a licensed veterinarian with no financial interest in the matter or
50 professional association with either party, or (ii) use the services of a hearing officer to conduct the
51 hearing. An owner may appeal the hearing officers decision to the district court within five days of the
52 notice of the decision. (3) The judge or hearing officer may authorize the return of the animal if the judge
53 or hearing officer finds that (i) the animal is physically fit, (ii) the person claiming an interest in the animal
54 can and will provide the care required by law for the animal, and (iii) the animal has not been used for
55 violent pitting or fighting. (4) The person claiming an interest in the animal is liable for all actual costs of
56 care, keeping, and disposal of the animal, except to the extent that a court or hearing officer finds that the
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1 seizure or impoundment was not substantially justified by law.The costs must be paid in full or a mutually
2 satisfactory arrangement for payment must be made between the municipality and the person claiming an
3 interest in the animal before the return of the animal to the person.
4 Subd. 6. Photographs. (a) Photographs of animals seized during an investigation are competent
5 evidence if the photographs are admissible into evidence under all the rules of law governing the
6 admissibility of photographs into evidence. A satisfactorily identified photographic record is as admissible
7 in evidence as the animal itself.
8 (b)A photograph must be accompanied by a written description of the animals seized,the name of the
9 owner of the animals seized,the date of the photograph,and the name, address, organization, and
10 signature of the photographer.
11 Subd. 7. Veterinary investigative report.(a)A report completed by a Minnesota licensed veterinarian
12 following an examination of an animal seized during an investigation is competent evidence.A
13 satisfactorily identified veterinary investigative report is as admissible in evidence as the animal itself. (b)
14 The veterinary investigative report may contain a written description of the animal seized,the medical
15 evaluation of the physical findings,the prognosis for recovery, and the date of the examination and must
16 contain the name, address,veterinary clinic, and signature of the veterinarian performing the
17 examination.
18
19 343.37 Decompression chambers prohibited.
20 A person may not use a decompression chamber to destroy an animal. A violation of this section is a
21 misdemeanor.
22
23 343.40 Dog houses.
24 Subdivision 1.In general.A person in charge or control of any dog which is kept outdoors or in an
25 unheated enclosure shall provide the dog with shelter and bedding as prescribed in this section as a
26 minimum.
27 Subd.2. Building specifications. The shelter shall include a moistureproof and windproof structure of
28 suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable
29 material with a solid,moisture-proof floor or a floor raised at least two inches from the ground. Between
30 November 1 and March 31 the structure must have a windbreak at the entrance. The structure shall be
31 provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings,
32 blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote
33 retention of body heat.
34 Subd. 3. Shade. Shade from the direct rays of the sun, during the months of May to October shall be
35 provided.
36 Subd. 4. Farm dogs. In lieu of the requirements of subdivisions 2 and 3, a dog kept on a farm may be
37 provided with access to a barn with a sufficient quantity of loose hay or bedding to protect against cold
38 and dampness.
39 Subd. 5.Zoning.All shelters required by this section shall be subject to all building or zoning regulations
40 of any city, township, county, or state.
41 Subd.6. Penalty.Whoever violates the provisions of this section is guilty of a petty misdemeanor.
42
43
44 Pet and Companion Animal Welfare Act
45
46 346.35 Citation.
47 Sections 346.35 to 346.44 may be cited as the"Pet and Companion Animal Welfare Act."
48
49 346.36 Definitions.
50 Subdivision 1. Scope. Sections 346.35 to 346.44 shall only apply to veterinarians, animal boarding
51 facilities,and commercial animal facilities. As used in sections 346.35 to 346.44 the terms defined in this
52 section have the meanings given them.
53 Subd.2.Abuse. "Abuse"means intentionally causing unnecessary pain, injury, suffering,or harassment
54 to a pet or companion animal.
55 Subd.3. Cruelty."Cruelty"means causing or allowing unnecessary pain,suffering,or unjustifiable injury
56 or death to a pet or companion animal.
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1 Subd.4.Expert opinion."Expert opinion"means the opinion of at least one licensed Minnesota
2 veterinarian selected by an investigating officer.
3 Subd.5.Neglect."Neglect"means failure to provide the minimum care required for the health and well-
4 being of a pet or companion animal.
5 Subd.6.Pet or companion animal."Pet"or"companion animal"means a nonhuman mammal,bird,or
6 reptile impounded or held for breeding,or possessed by,cared for,or controlled by a person for the
7 present or future enjoyment of that person or another.
8 Subd.7.Shelter;confinement area."Shelter"or"confinement area"means an enclosure provided to
9 protect or confine a pet or companion animal when it is not in transit.
10
11 346.37 General provisions.
12 Subdivision 1.Abandoned animals.(a)If an animal is left with a veterinarian,boarding facility,or
13 commercial facility pursuant to a written agreement with the owner or person in possession of the animal
14 and the owner or lawful possessor of the animal has not claimed the animal within ten days after notice in
15 accordance with paragraph(b)or(d),the animal is abandoned and the owner has no further rights or
16 claim to the animal.
17 (b)The notice required under paragraph(a),must be given by the veterinarian,boarding facility,or
18 commercial facility to the owner or the owner's agent at the person's last known address by certified mail,
19 return receipt requested,or may be served upon the owner or owner's agent in the manner that a
20 summons is served in a civil court action in the district courts. The notice must notify the owner or
21 owner's agent that the animal may be redeemed by paying all prior expenses incurred within ten days or
22 the animal is abandoned and will be disposed of in accordance with this subdivision.
23 (c)If the animal is not claimed within ten days,the veterinarian,boarding facility,or commercial facility
24 becomes the owner of the animal and the animal may be disposed of by the veterinarian,boarding
25 facility,or commercial facility as they consider proper. Upon the veterinarian,boarding facility,or
26 commercial facility becoming the owner of the animal,the veterinarian,boarding facility,or commercial
27 facility is relieved of any liability for disposal of the animal.
28 (d)If the notice under paragraph(c)is not given to the owner or owner's agent,or if the address of the
29 owner or owner's agent is not known,notice must be given by the veterinarian,boarding facility,or
30 commercial facility by publishing one notice in a legal newspaper circulated in the county where the
31 animal was delivered to the veterinarian,boarding facility,or commercial facility not less than ten days
32 before the animal is to become the property of the veterinarian,boarding facility,or commercial facility
33 under paragraph(c). The published notice must contain the information required in paragraph(b).
34 (e)Each veterinarian,boarding facility,or commercial facility shall warn its patrons of the provisions of
35 this subdivision by a conspicuously posted notice or by conspicuous type in a written document delivered
36 to the owner or the owner's agent.
37 Subd.2.Good Samaritans.A person is not liable for rendering humane assistance to an injured pet or
38 companion animal.
39 Subd.3.Cruel training or handling.A person may not inflict cruelty on a pet or companion animal by
40 the use of a cruel training or handling device or method.
41 Subd.4.Health care.Adequate heath care,including parasite and pest control,must be provided to
42 each pet or companion animal.
43 Subd.5.Interpretation of terms.A dispute as to the meaning of"abuse,""cruelty,"or"neglect"shall be
44 resolved by an expert opinion.
45 Subd.6.Reports of abuse,cruelty,or neglect. A veterinarian must report known or suspected cases
46 of abuse,cruelty,or neglect to peace officers and humane agents as provided in 343.12 and 343.29.
47
48 346.39 Dogs and cats.
49 Subdivision 1.Food.Dogs and cats must be provided with food of sufficient quantity and quality to allow
50 for normal growth or the maintenance of body weight. Feed standards shall be those recommended by
51 the National Research Council.
52 Subd.2.Water.Dogs and cats must be provided with clean,potable water in sufficient quantity to satisfy
53 the animal's needs or supplied by free choice. Snow or ice is not an adequate water source.
54 Subd.3.Transportation and shipment. When dogs or cats are transported in crates or containers,the
55 crates or containers must be constructed of nonabrasive wire or a smooth,durable material suitable for
Commercial Dog and Cat Breeders-Supplement Page 6
Page 83 of 158
1 the animals. Crates and containers must be clean, adequately ventilated, contain sufficient space to
2 allow the animals to turn around, and provide maximum safety and protection to the animals. Exercise
3 for 20 to 30 minutes and water must be provided at least once every eight hours. Food must be provided
4 at least once every 24 hours or more often, if necessary, to maintain the health and condition of the
5 animals.
6 Subd.4. Shelter size.A confinement area must provide sufficient space to allow each animal to turn
7 about freely and to easily stand, sit, and lie in a normal position. Each confined animal must be provided
8 a minimum square footage of floor space as measured from the tip of its nose to the base of its tail, plus
9 25 percent, expressed in square feet. The formula for computing minimum square footage is: (length of
10 animal plus 25 percent)times (length of animal plus 25 percent), divided by 144. A shaded area must be
11 provided sufficient to protect the animal from the direct rays of the sun at all times during the months of
12 May to October.
13 Subd.5. Exercise.All dogs and cats must be provided the opportunity for periodic exercise, either
14 through free choice or through a forced work program, unless exercise is restricted by a licensed
15 veterinarian.
16 Subd. 6. Group housing and breeding.Animals housed together must be kept in compatible groups.
17 Animals must not be bred so often as to endanger their health.
18 Subd. 7. Temperature. Confinement areas must be maintained at a temperature suitable for the animal
19 involved.
20 Subd. 8. Ventilation.An indoor confinement area must be ventilated. Drafts, odors, and moisture
21 condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning,
22 must be used when the ambient temperature rises to a level that may endanger the health of the
23 animal.
24 Subd. 9. Lighting.An indoor confinement area must have at least eight hours of illumination sufficient to
25 permit routine inspection and cleaning.
26 Subd. 10. Confinement and exercise area surfaces. Where applicable, the interior surfaces of
27 confinement and exercise areas, including crates or containers, must be constructed and maintained so
28 that they are substantially impervious to moisture and may be readily cleaned. They must protect the
29 animal from injury and be kept in good repair.
30 Subd. 11. Drainage. Where applicable, a suitable method must be used to rapidly eliminate excess fluids
31 from confinement areas.
32 Subd. 12. Sanitation. Food and water receptacles must be accessible to each animal and located so as
33 to minimize contamination by excreta. Feeding and water receptacles must be kept clean. Disposable
34 food receptacles must be discarded when soiled. Measures must be taken to protect animals from being
35 contaminated with water, wastes, and harmful chemicals. Wastes must be disposed of properly. Where
36 applicable, flushing methods and a disinfectant must be used periodically. Bedding, if used, must be kept
37 clean and dry. Outdoor enclosures must be kept clean and base material replaced as necessary.
38
. . ..—
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ketritak if 14
601
AN ORDINANCE REGULATING DOGS AND CATS WITHIN THE CITY,INCLUDING
THE KEEPING THEREOF AND PROVIDING FOR THEIR LICENSING
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY,
MINNESOTA,DOES ORDAIN:
Sec. 601.01 Definitions.
The following words, terms, and phrases,when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
A. "Abandoned" means to leave a dog or cat at large within the City without
intending to return to or recover it. It shall also mean to purposefully
leave a dog or cat in the possession of the Animal Warden to avoid paying
impoundment and/or boarding costs.
B. "Altered" means any female dog or cat that has been spayed or any male
dog or cat that has been castrated.
C. "Animal Control Officer" means the City Council and/or any persons or
agencies designated by the City Council.
D. "Animal Warden" means any person or agency designated by the City
Council to house, hold, confine, or board dogs or cats seized and/or
impounded herein. The Animal Warden shall be appointed and serve at
the pleasure of the City Council. The Animal Warden shall also be
construed to include the City Police Department and any other law
enforcement agency routinely engaged in law enforcement within the City.
E. "At Large" means off the premises of the owner and not under control by
leash affixed to the dog's collar, designed or that type of animal, and held
by the owner or other person entrusted to have custody of the animal off
the owner's premises.
F. "Bona Fide Livestock" operation means a farm (of forty (40) acres or
more in size)on which horses, cows, swine,poultry, sheep, goats, or other
common farm animals are kept, raised bred, or sold as a part of a business
enterprise.
G. "Cat"means any animal wholly or in part of the species Felis Domesticus.
H. "Dog"means any animal wholly or in part of the species Canis Familiaris.
I. "Commercial Kennel" means a kennel where dogs are bred and/or sold for
re-sale, individually or in litter lots, whether or not any of these animals
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are also kept for personal use and where the business may be a primary
source of income. Commercial kennels are also places where dogs are
boarded,groomed, or trained for a fee.
J. "Dangerous Dog" and "Potentially Dangerous Dog" have the meaning
ascribed to those terms by M. S. §347.50, and specifically as follows:
1. "Dangerous Dog"means any dog that has:
a. Without provocation, inflicted substantial bodily harm on a
human being on public or private property;
b. Killed a domestic animal without provocation while off the
owner's property; or,
c. Been found to be potentially dangerous, and after the owner
has noticed that the dog is potentially dangerous, the dog
aggressively bites, attacks, or endangers the safety of
humans or domestic animals.
2. "Potentially Dangerous Dog"means any dog that:
a. When unprovoked, inflicts bites on a human or domestic
animal on public or private property;
b. When unprovoked,chases or approaches a person upon the
streets, sidewalks, or any public property in an apparent
attitude of attack; or,
c. Has a known propensity, tendency,or disposition to attack,
unprovoked, causing injury or otherwise threatening the
safety of humans or domestic animals.
3. The terms "Dangerous Dog" and "Potentially Dangerous Dog"
shall also be construed to include similar classifications from other
statutes or ordinances which are substantially in conformity with
Minnesota Statutes §347.50, whether or not the same words are
used.
K. "Hobby Kennel" means a kennel where dogs are kept primarily for
personal companionship, for recreational use,or for performance events in
addition to the purpose of improving the physical soundness and
temperament of such dogs, and where the breeding and selling of animals
is incidental to occupancy of the premises for residential purposes, and is
not a primary source of income.
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L. "Kennel" means any place where three (3) dogs or more (or up to the
number of dogs permitted as an accessory use within the City's Zoning
Codes and within the limitations therein provided) over four(4)months of
age are kept,raised, sold,boarded,bred, shown,treated, or groomed.
M. "Owner" means any person or the parents or guardians of a person under
eighteen(18) years of age who owns, harbors, keeps, or has custody of a
dog or cat.
N. "Person" means any individual, partnership, corporation, firm, or group,
however organized.
601.02 Exemptions.
Except where duties are expressly stated, this article does not apply to hospitals,
clinics, and other premises operated by licensed veterinarians exclusively for the
care and treatment of dogs or cats.
601.03 Animal Control Officer.
The Animal Control Officer shall have police powers necessary for enforcement
of this Chapter,including authority to issue complaints for violations.
601.04 Animal Warden.
The City Council may appoint an Animal Warden and establish compensation for
said position. Such person or agency shall serve at the pleasure of the City
Council. The City Council shall annually review the work and compensation of
the Animal Warden. No person or agency shall be appointed Animal Warden
unless that person or agency has a microchip scanner for use in the identification
of animals using such means of identification.
601.05 Interference with Enforcement.
No unauthorized person shall break open the Animal Warden's pound or attempt
to do so, or to take or let out any animals therefrom, or to take or attempt to take
from any Animal Control Officer or Animal Warden any dog or cat taken up by
him in compliance with the City ordinance or statute, or in any manner to
interfere with or hinder such officer or warden in the discharge of their duties.
601.06 Dog or Cat License.
A. No person shall own, keep, or harbor any dog or cat of more than six (6)
months of age without first securing a license from the City Clerk, who
shall keep a record of all licenses issued and shall issue a durable
identification tag for such licenses. Upon receipt of an application reciting
the name and address of the owner, the address where the dog or cat will
be kept, and the sex, breed, age, color, and markings of the dog or cat for
which a license is sought, and upon payment of the license fee established
by resolution, the City Clerk shall issue a license in the form of a metal
identification tag for each animal.
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B. The terms of a license shall run concurrently with a dog's or cat's rabies
vaccination schedule. Specifically, a dog or cat license expires (and must
be renewed) when a new rabies vaccination is needed. Failure to renew
the license within thirty(30)days of a new rabies vaccination will result in
a late license penalty fee being owed to the City in the amount established
by resolution.
C. Failure to purchase a license within sixty (60) days of establishing
residence in the City, within sixty (60) days of acquiring a dog or cat, or
within sixty (60) days of a dog or cat reaching the age of six (6) months
during any calendar year will result in the late license penalty fee being
owed to the City.
D. Dog or cat licenses are not required for dogs or cats that are kept in the
City for thirty (30) days or fewer. Such dogs or cats shall be known as
"visiting dogs" or"visiting cats". Visiting dogs or cats must be kept in an
enclosure or on a leash at all times.
601.07 Reserved For Future Use.
601.08 Kennels.
It shall be unlawful to operate any kennel unless a permit to operate the same has
been secured from the City Council in advance.
601.09 Rabies Inoculation of Dogs and Cats.
A. All dogs and cats in the City over the age of six (6) months shall be
inoculated for rabies and shall be re-inoculated according to standard
veterinary practices thereafter. Such vaccination must be performed by or
under the direct supervision of a veterinarian duly licensed to practice
veterinary medicine in the state in which the vaccine is administered. A
certificate from the veterinarian inoculating said dogs or cats shall be
exhibited to the Animal Control Officer upon demand, and will be
required as written proof of such vaccination at the time a dog or cat
license is obtained from the City.
B. Each dog or cat shall wear a sturdy collar for aid in identification with the
veterinarian's metal tag showing proof of said current rabies vaccination.
At the owner's discretion, a tattoo or implanted microchip may be used in
lieu of the collar and tag if the tattoo and chip identification numbers are
placed on file at the City at the time of license application.
601.10 Animal Bites and Animals Exposed to Rabies.
A. Any law enforcement officer or the Animal Control Officer may enter
upon the private property of any person while in pursuit of any dog or cat
under probable cause to believe that such dog or cat has bitten a person or
animal,or that such dog or cat is rabid.
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B. Subsection (A) notwithstanding, whenever any person who owns,
possesses, or harbors any dog or cat within the City learns that the dog or
cat has bitten any human being, such person shall immediately quarantine
such dog or cat for a period of at least ten(10)days,keeping it apart from
other animals until it is determined whether the dog or cat has rabies. The
quarantine may be by the person owning the dog or cat if such dog or cat
has a current license and rabies vaccination at the time the bite occurred.
If the dog or cat does not have a current license and rabies vaccination at
the time the bite occurred, the dog or cat must be impounded at a licensed
pound or with a licensed veterinarian at the owner's expense. After the
required ten (10) day quarantine, the dog or cat shall be examined by a
licensed veterinarian to insure that there are no clinical signs of rabies. If
the dog or cat is found to be rabid,it shall be humanely euthanized.
C. If the dog or cat owner cannot be located or advised of the dog or cat bite
within two (2) hours of the occurrence, or if the owner fails to quarantine
the dog or cat as required by this Ordinance,the Animal Control Officer or
Animal Warden shall cause the dog or cat to be impounded and so
quarantined. After the required ten(10)day quarantine,if the dog or cat is
still unclaimed,the dog or cat shall be humanely euthani7ed and tested for
rabies; if claimed, the dog or cat shall be examined by a licensed
veterinarian to insure there are no clinical signs of rabies. If no signs of
rabies are observed, the dog or cat can be released to the owner as
specified in Section 601.18 of this Ordinance. If the dog or cat is found to
be rabid, it shall be humanely euthanized.
D. The Animal Warden, Animal Control Officer, or other designate of the
City shall have the authority to verify if the dog or cat is properly
quarantined. Any veterinarian quarantining an animal shall notify the
Animal Warden before the release of such animal.
E. Any dog or cat to have been bitten by a rabid dog or cat or to have been
exposed to rabies shall be impounded. If, however, the dog or cat is at
large and cannot be apprehended after reasonable effort, the dog or cat
may be immediately destroyed. After impoundment, if proof of rabies
immunization is furnished and booster injections are given by a licensed
veterinarian at the expense of the owner,the dog or cat may be released to
the owner as specified in Section 601.18 of this Ordinance. If it cannot be
proven that the animal has a current rabies immunization, the owner may,
at his discretion, make provision for a suitable quarantine for a period of
not less than six(6)months.
601.11 Running at Large Prohibited.
A. No person shall allow a dog or cat to run at large at any time. All dogs
and cats off the premises of the owner must be under restraint by leash,
designed for that type of animal, affixed to the animal's collar and held by
the owner or other person entrusted to have custody of the animal off the
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owner's premises. Every owner or custodian of a dog or cat must exercise
reasonable care and take all necessary steps and precautions to protect
other people, property, and animals from injuries or damage which might
results from the dog's behavior, regardless of whether such behavior is
motivated by playfulness or ferocity.
B. Subsection (A) notwithstanding, this provision shall not apply to dogs
used as a necessary element of a bona fide livestock operation. Dogs used
in bona fide livestock operations shall be issued license tags of a different
color than regular licensed dogs. Said tags shall be called "farm dog
licenses"and shall be worn at all times.
C. No person shall apply for a farm dog license unless their dog(s) is(are) a
necessary element of a bona fide livestock operation.
601.12 Abandonment Prohibited.
No person shall abandon any dog or cat within the City.
601.13 Nuisances.
A. The following are public nuisances and unlawful:
1. Any dog or cat that damages property (that is not the property of
the owner), including plantings, lawns or structures, or that
deposits fecal matter off of the owner's property that the owner
fails to remove promptly.
2. Any dog or cat that, without provocation, chases, molests, or
approaches pedestrians or bicyclists in a threatening manner upon
the streets, sidewalks, right-of-way, or any public property, or
habitually chases automobiles on the public streets or highways.
3. Any dog or cat that is kept under unsanitary and/or inhumane
conditions such that the maintenance or keeping of the animal
creates odors to the annoyance of the public in the vicinity.
4. Any dog or cat that kills or attacks another domestic animal or
livestock without provocation while off the owner's property.
5. The owning, keeping, or harboring of any dog or cat which shall,
by any noise, unreasonably and/or excessively disturb the peace
and quiet of any person in the vicinity. The phrase "unreasonably
and/or excessively disturb the peace and quiet"shall include,but is
not limited to, the creation of any noise by a dog or cat which can
be heard by any person, including an Animal Control Officer or
law enforcement officer, from a location off the dog or cat owner's
property where the dog or cat is being kept, and which noise
occurs repeatedly over at least a five(5)minute period of time with
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one (1) minute or less lapse of time between each animal noise
during the five(5)minute period. This provision shall not apply to
dogs or cats that are responding to trespassers or to dogs or cats
that are teased or similarly provoked to bark or meow.
B. Any person seeking immediate relief may, by telephone, notify the City
Clerk, Animal Control Officer, or law enforcement officer of an alleged
violation of this Ordinance. A telephone call does not,however,constitute
a formal complaint to initiate the citation process. All formal complaints
shall be submitted in writing to the attention of the City Clerk and shall
describe the dog or cat, state the acts committed by the dog or cat, the
name and address of the person owning or harboring the dog or cat, and
the name and address of the person making the complaint. The City Clerk
shall then promptly notify the person owning or harboring the dog or cat
of the acts complained of, either by letter or door tag, and shall request
that the nuisance be abated or eliminated within a specified time period.
The City Clerk shall also cause the Animal Control Officer or law
enforcement offer to investigate and file a report on the complaint.
C. Upon receipt of a second complaint of a violation of this Ordinance, the
City Clerk shall cause the Animal Control Officer or law enforcement
officer to investigate and file a second report on the complaint. If the
offense is corroborated by the investigation, the City Clerk shall, by
certified letter, notify the person owning or harboring the dog or cat of the
violations complained of; and require that the nuisance be abated or
eliminated within twenty-four (24) hours or some other reasonable time
specified in the letter. A copy of the letter shall be mailed to the Animal
Control Officer and a copy shall be mailed to the person making the
complaint.
D. If the owner fails to take corrective action within twenty-four (24) hours
(or within the time specified in the letter), the City Clerk shall contact the
appropriate law enforcement agency and/or the City Attorney, inform
them of the alleged violation,and request that the owner be cited.
601.14 Dangerous Dog Provision.
A. It shall be illegal for any person to own, keep, possess, or harbor any dog
that has been declared a dangerous dog or potentially dangerous dog. This
prohibition shall apply whether said declaration has occurred in the City or
in some other jurisdiction. This prohibition shall also apply whether said
declaration was made pursuant to M.S. §347.50 or pursuant to another
statute or ordinance which is substantially similar to M.S. §347.50.
1. If a dangerous dog or potentially dangerous dog has bitten a
person, then the dog shall first be quarantined according to the
provisions of Section 601.18. Following said quarantine period,
then the provisions of paragraphs(2)and(3)shall apply.
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2. The Animal Control Officer or law enforcement officer shall
immediately seize and impound any dangerous dog or potentially
dangerous dog that is found within the City. The dog will be kept
no fewer than ten (10) calendar days. The owner has until the end
of this time period to provide written verification that the dog will
be legally removed from the City, or that the dog will be
euthanized. The owner must pay all associated impounding and
boarding costs prior to the release of the dog. Upon its release, the
dog shall be immediately transported to a location outside the City.
3. Any such dog that is not properly claimed within ten(10)calendar
days shall be humanely euthanized. The owner of the dog that is
euthanized shall be responsible to pay the impounding, boarding,
and euthanization costs.
4. The owner of any dog declared a"potentially dangerous dog" shall
cause the removal of the dog from the City as outlined in 601.14
A. After a minimum of ten days following the removal of the dog,
the owner may appeal to the City Administrator to again keep or
maintain the dog in the City. Such appeal shall include the
following:
a. Provide in writing to the City the request to return the dog
to the City. This letter must be signed (or cosigned)by the
property owner.
b. Provide veterinarian documentation on all required
vaccinations being complete and up to date for such dog.
c. Provide documentation that the dog (and any other dog or
cat in the home)is duly licensed.
d. Provide detailed third-party written certification that the
dog has passed a "Canine Good Citizen"obedience training
test and program as approved by the American Kennel
Club; which must be taken (or retaken) after the
"potentially dangerous dog" finding has been made. Such
certification will include written and signed documentation
showing the professional entity the examiner is
representing along with proof of liability insurance. The
examiner and certifying entity will attest that the dog has
shown no signs of aggression or similar behavior, and the
dog does not chase or otherwise leave the homeowners
property or act in an aggressive manner. This certification
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will include the credentials of the examiner from the AKC
showing current standing and type of certification.
e. Provide documentation from the property owner's
insurance provider that such homeowner's(or other)policy
does for liability purposes cover the dog residing in the
residence.
f. Provide a written signed statement that the dog has not
been kept in the City during this appeal process.
g. Provide a $50.00 fee payable to the City to the cover City
costs for review of the appeal and its related elements.
h. Provide verification that dog will be kept inside a fenced
yard capable of containing the animal at all times while
outside of the residence. Electronic control fences will not
meet the criteria of this ordinance. If the dog is taken
outside the home and fenced area or removed from the
property within this City; the dog will be under control by
static leash and muzzle by a person competent to control
the animal.
B. The City Administrator shall consider this submitted documentation and if
all items are complete and in satisfactory condition,the City Administrator
shall issue a written finding that the dog may be returned to the City.
C. Should the dog subsequently be found as a potentially dangerous dog for a
second event,the dog shall be removed from the City consistent with this
ordinance and the City shall not afford a secondary appeal process to again
return the dog to the City.
D. Notwithstanding the provisions found in this Section, in all circumstances
the dog, owner and property must be compliant with all other rules and
ordinances of the City.
E. This Section (601.14) shall not apply to police dogs under the control of a
licensed law enforcement officer during the performance of official police
activities.
601.15 Females in Heat.
Every female dog or cat in heat shall be confined in a building or other secure
enclosure in such manner that such female cannot come in contact with another
dog or cat, respectively, except for the express purpose of planned breeding, and
shall be controlled on a leash while being exercised.
601.16 Sanitation.
Page 93 of 158
Any person who owns, keeps, or harbors any dog or cat is responsible to keep his
property clean of all fecal matter from the dog or cat. All dog or cat waste shall
be removed daily so as to keep the surrounding area free from obnoxious odors.
601.17 Appointing of an Animal Warden.
The City Council may appoint an Animal Warden and establish compensation for
said position. Such person shall serve at the pleasure of the City Council. The
City Council shall annually review the work and compensation of the Animal
Warden.
601.18 Seizure of Dogs and Cats—Impounding.
The Animal Warden, any law enforcement officer, the Animal Control Officer, or
any other person may seize, impound, or restrain any dog or cat found running at
large, any dog or cat without a veterinarian's metal tag attesting to its rabies
vaccination and/or any dog or cat without its City license tag. Any person or
officer(other than the Animal Warden)impounding or restraining such dog or cat
shall immediately deliver the same to the Animal Warden. If the animal is
collarless, the Animal Warden shall immediately ascertain whether the dog or cat
has a tattoo or embedded microchip as a means of identification. The Animal
Warden shall thereupon give notice of the impoundment to the owner or, if the
owner is unknown, shall post notice of the impoundment at the City Hall (and at
such other places as may be designated by the City Council). If such dog or cat is
not claimed within ten (10) calendar days of such posted notice and all fees and
charges paid, the Animal Warden shall place the dog or cat in the custody of a
suitable person or shall humanely euthanize the animal. Any dog or cat restrained
or impounded shall receive humane treatment and sufficient food, water, and
shelter.
601.19 Impounding and Boarding Fees.
A. The Animal Warden may charge such reasonable impounding fees for the
care and board of any dog or cat restrained or impounded and any and all
such fees imposed shall be paid to the Animal Warden at the time of
reclamation of the dog or cat. The City Council shall annually review all
fees so imposed by the Animal Warden to determine their reasonableness
and may, by resolution, impose such additional fees reasonably related to
the necessary and reasonable expenses incurred by the City for the
capture, transportation, and/or care of impounded dogs or cats. All such
fees must be paid to the Animal Warden prior to the release of the animal.
The Animal Warden shall issue a receipt to the owner evidencing such
payment. Additionally, the Animal Warden may not release any dog or
cat until the owner provides written proof that the dog or cat is currently
vaccinated against rabies and that the dog or cat has received a current
license from the City.
B. In the case where any dog or cat has been impounded whose rabies
vaccination and dog or cat license are not current, said dog or cat shall not
be released unless the owner first obtains a City dog or cat license and
Page 94 of 158
provides written evidence, from a licensed veterinarian, that arrangements
have been made to have the dog or cat vaccinated upon its release. Any
written evidence submitted pursuant to this provision shall be deemed
inadmissible in any criminal court action against the owner of the dog or
cat.
601.20 Coordination with Veterinarians.
The City may enter into Agreements with veterinarians to assist in the
administration of the provisions of this Ordinance. Said agreements shall insure
that an orderly system is set up to coordinate the licensing, vaccination,
impoundment, quarantine, and/or euthanization, as needed, of dogs or cats within
the City. Said agreement shall also provide for a reasonable method of
compensating veterinarians for the service that they provide to the City.
601.21 Constitutionality.
If any portion of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
601.22 Penalty.
Any person, firm or corporation violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor.
601.23 Effective Date.
This Ordinance shall be in full force and effect from and after its passage and
publication, according to law, and licenses required herein must be secured within
thirty (3 0) days thereafter by persons owning, harboring, or keeping dogs or cats
at the time of such passage and publication.
601.24 Repeal.
The former Chapter 601, dated October 28, 1997 is hereby repealed in its entirety
and replaced by this Ordinance.
Amended 11/11/2014 by the City Council as to Section E of 601.01 and Section A of 601.11
Amended 09/27/2016 by the City Council as to Section A through Section E of 601.14
Page 95 of 158
401.15.M. Home Occupations.
1. Purpose. The purpose of this Section is to maintain the character and integrity of
residential areas and to provide a means through the establishment of specific
standards and procedures by which home occupations can be conducted in
residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood. In addition, this Section is intended to
provide a mechanism enabling the distinction between permitted home occupations
and special or customarily "more sensitive" home occupations, so that permitted
home occupations may be allowed through an administrative process rather than a
legislative hearing process.
2. Procedures and Permits.
2 a. Permitted Home Occupation. Any permitted home occupation as defined
in this Ordinance, and subject to the performance standards of this Section,
may be conducted solely within a single family detached dwelling (excluding
attached garage space and/or any accessory structures). The permitted
home occupation shall require a"permitted home occupation permit". Such
permits shall be issued subject to the conditions of this Section, other
applicable City Ordinances and State law. This permit may be issued by the
Zoning Administrator based upon proof of compliance with the provisions of
this Section. Application for the"permitted home occupation permit'shall be
accompanied by a fee as adopted by the City Council. If the Zoning
Administrator denies a permitted home occupation permit to an applicant,the
applicant ma a••eal the decision to the City Council. The permit shall
remain in force and effect unti suc time as ere as been a change in
conditions or until such time as the provisions of this Section have been
breached. An annual fee, as set by the City Council, will be charged to the
applicant. At such time as the City has reason to believe that either event
has taken place, a public hearing shall be held before the Planning
Commission, following the procedural provisions of a conditional use permit
in Section 401.03 of this Ordinance. The City Council shall make a final
decision on whether or not the permit holder is entitled to the permit.
L..ei Special Home Occupation. Any home occupation which does not meet the
specific requirements for a permitted home occupation as defined in this
r✓ Section shall require a "special home occupation_permit,' which shall be
applied for reviewed and"disposed on in accordance with the procedural
4� rovisions of a conditional usepermit
emi
...... .. pricy:disposed pemlit found"in Sectiora_401.0�of this
Ordinance. -
c. Declaration of Conditions. The City Council may impose such conditions
on the granting of a special home occupation permit as may be necessary to
carry out the purpose and provisions of this Section.
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d. Transferability. Permits shall not run with the land and shall not be
transferable.
e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within
one(1)year after granting a permit the use as permitted by the permit shall
not have been initiated,then such permit shall become null and void unless a
petition for extension of time in which to complete the work has been granted
by the City Council. Such extension shall be requested in writing and filed
with the Zoning Administrator at least thirty(30)days before the expiration of
the original permit. There shall be no charge for the filing of such petition.
The request for extension shall state facts showing a good faith attempt to
initiate the use. Such petition shall be presented to the City Council for a
decision.
2 f. Reconsideration. Whenever an application for a permit has been
considered and denied by the City Council,a similar application for a permit
affecting substantially the same property shall not be considered again by
the Planning Commission or City Council for at least six(6)months from the
date of its denial unless a decision to reconsider such matters is made by not
less than four-fifths(4/5)vote of the City Council.
3. Requirement-General Provisions. All home occupations shall comply with the
following general provisions and according to definition,the applicable requirement
provisions.
a. General Provisions.
1) No home occupation shall produce light,glare,noise,odor,vibration,
smoke, dust, heat, or hazardous or toxic material shall not be
produced,stored,or kept on the premises that will in any way have
an objectionable effect upon adjacent or nearby property.
2) No equipment shall be used in the home occupation which will create
electrical interference to surrounding properties.
3) Any home occupation shall be clearly incidental and secondary to the
residential use of the premises, should not change the residential
character thereof,and shall result in no incompatibility or disturbance
to the surrounding residential uses.
4) No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings
except where required to comply with local and state fire and police
recommendations.
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5) There shall be no exterior storage of equipment or materials used in
the home occupation,except personal automobiles used in the home
occupation may be parked on the site.
6) The home occupation shall meet all applicable fire and building
codes.
12 7) All signing and informational or visual communication devices shall be
in compliance with Section 401.15.G of this Ordinance.
8) All home occupations shall comply with the provisions of the City
Code.
9) No home occupation shall be conducted between the hours of 10:00
pm. and 7:00 am. unless said occupation is contained entirely within
the principal building, excluding attached garage space, and will not
require any on-street parking facilities.
10) No commodity shall be sold on the premises.
11) Not over twenty-five (25) percent of any one story can be used for a
home occupation.
b. Requirements-Permitted Home Occupations.
1) No person other than those who customarily reside on the premises
shall be employed.
2) The general public shall not come to the premises in question for
purposes pertaining to the conduct of the home occupation.
3) All permitted home occupations shall be conducted entirely within the
principal dwelling, excluding attached garage space, and may not be
conducted in an accessory building.
c. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home occupation.
1'32 2) Special home occupations shall be limited to only those activities of a
non-residential nature which are specified as allowed by state statute
or regulation such as day care group nursery or whibh comply with
Sections a and b above (except for b.2), but are conducted entirely
within the principal building, attached garage space, or detached
accessory building.
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3) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however, the
City Council shall maintain the right to establish the maximum number
when and where changing conditions require additional review.
32 > 4). The general public shall be permitted to come to the • - - 'n
question • • •. =s pe aining o e conduct of the home
occupation.
384. Transient Lodging. Transient Lodging shall be consid r-• in all Residential
Districts with the uance of a Conditional Use Perm' according to Section
401.03.A,7 and that e following criteria are satisfactoril met.
a. General Provis a ns. Only a detached single fa ily home may be utilized for
transient lodging •.nsistent with the terms an• conditions found herein:
1) The facility sh:II have a State issue• license for lodging and/or food
service, and /o amply with and m .intain all health, safety, building
and fire codes a ay be require• or applicable by the Building
Official. The ow -r is respons'•le to ensure the facility is code
compliant.
2) The owner mayor may •of oc,upy the structure while such facility is
being utilized as a transi- •t I•dging facility. There shall be a limit of
three (3) transient guests •er bedroom and a limit of three (3)
bedrooms for transient lod• • in the facility.
3) All bedroom units shall b> estab' hed within a principal structure or
accessory structure.
4) No transient lodging fa•lity shall be • ated closer than at least five
hundred (500) feet fro other bed a • breakfast facilities and/or
transient lodging as m .asured from prop:rty lines.
5) Dining and other faci ties shall not be open:. to the public but shall
be used exclusively 'y the registered guests • the facility.
6) Two (2) off-street p-rking spaces shall be provid • for the facility use
plus one (1) for e- h bedroom over two (2) bedr•oms. No parking
spaces shall be to•:ted in the front yard of the prope , other than on
an existing drive ay. All parking areas shall be , proved with
asphalt,concrete •r materials suitable to control dust an• •rainage as
approved by the ity Engineer.
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A•,
X14 t&CiS
f
NOTICE OF PUBLIC HEARING
ON APPLICATION FOR
A SPECIAL HOME OCCUPATION LICENSE
TO ALLOW
A SMALL BUSINESS TO OPERATE IN A HOME
THAT WILL INCLUDE BREEDING&SALE OF BENGAL CATS
LOCATED AT 14860 Upper 55th Street
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights,
Washington County, Minnesota shall hold a public hearing, at the direction of the City
Administrator, upon the application of Ms. Michelle Lorenz to allow a small business for
CAT BREEDING AND SALES OF BENGAL CATS located at 14860 Upper 55th Street.,
City of Oak Park Heights, County of Washington and State of Minnesota, legally described
as follows:
BREKKE HEIGHTS,Lot 7,Block 1
Washington County Property Number: 0402420140008
The public hearing shall be held before the City Council on Tuesday, December 11,2018
at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights,
Minnesota 55082. All written and oral comments will be considered.
Following such review,the City Council may take further action including but not limited to
approval,denial or continuance.
Dated this 27t th day of November,2018.
BY ORDER OF THE CITY COUNCIL
Co!0
Eric Johnson,City Administrator
Page 100 of 158