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Home My WebLink About2.b. Kennel Ordinance CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE MEETING DATE: MARCH 10, 1999 AGENDA ITEM: KENNEL ORDINANCE AGENDA NO.: PREPARED BY: SUSAN WALSH �� ASSISTANT TO ADMII�TISTRATOR ATTACHMENTS: CITY ATTORNEY LETTER APPROVED BY: PROPOSED ORDINANCE • Last summer City Council and staff discussed at a work session the possibility of amending the existing kennel ordinance to eliminate kennel applicants from having to get written approval from their neighbors. Attached is a letter from Attorney LeFevere who provides an interpretation of the kennel ordinance. This discussion came about because of a kennel license holder who felt she did not have to receive approval each year from her neighbors once the initial approval was obtained. At the July 1998 committee of the whole meeting, staff was directed to prepare an ordinance that would eliminate consent of neighbors but would provide for their input in the permitting process. City Attorney LeFevere has drafted an ordinance with this process. City staff would like to discuss and receive input from the City Council concerning this new ordinance. ,0 02:O6pm From—KENNEDY & GRAVEN +6123379310 T-247 P.02/03 F-228 CTI'Y OF ROS&MOUNT ORDINANC�NO. AN QR.DINANCE RF�.AT�1G TO KENNEI..S AND CATT&RIES; AMENDING ROS�MOUI�'T CITY CUDE TTI'L� 7, CHAPTER �C THE CfI'Y COUNCIL QF THE CITY o� Ros�NSOUNT, MIlYN�SQTA QRD�INS �ha� Citiy Cnde Title 7,Chap�r 4C is amended to r�ad c�.s follows: 7-4C-1: LICENS�PROVISIONS: �. Re9uuement, Fce: No p�rsan sMall uperate a cummercial ur residenuul kennel or catizry in ihe C�ry wi[hout first obtainin� �l��ense as pruvided in this Article_ Application shall be made u� r.he City Clerk and shall be accompanizd by the applicaiion fee, ih� dmouni of which will b� set by council r�suluuon. The Clerk shall refer the �pplic�pup �a the City C�uncil, which may gra,nt �r cl�ny �he reques�. (Li�znses issued fnr kennels or catteries shall he an an annua.l basi�from April 1�o Viarch 31.) B. Applicarion: The applicatiou for a kznnel or�auery license shall siate i.he nam� and addr�ss af�te uwner of yatd kennel or cattery�the loca[ion where The kennzl or cdttery i,S to be k2�t dnd[hz namber Qf doa�or cacs proposzd to be kepc. C. Trdnsfer: 'The kenn�l or catt�ry registra�ian is noc uansferable exc�pt on dpplicatiun uf bo�h L� uld and new awners und nc� paymeni ot the sum, as s�c farGh by Cauncil r��olutian, to tnz c�;y clz�k. 7-4C-2: A.PPLICATION PPOCEDURES AND ISSUAIrTCE �F I�ICENS�S. A., roc:ess: Kenn�l or catrery license applica�i�ns may be raferrzd co ihe Buildin� �fri��a1 who sh�ll revicw th�icennel design and ��rauon and make a rzc�mmendaiion io the Ciry Clerk on ihe ade.quac:y thereof- Nat l��s thdn izn (lU) aays before the k.enuel ur �atr�ry li�ense i� cunsidered by the City Council, thz Ci[y Clerk shall nlail no�icc: ui tbe licens� applicauon and a public hearing [o[h� �wneis ot pruperty wicl�in 150 feec of[he property on whith the proposed kennel would be locaced. Thz failure of any owner co receive such nouce shall nai invalidace ihe praceedings. I3. Cuuncil A rov : The Ciry Cuuncil may appro�'e the kennel or cair�ry license and may a.[tach to su�h approval any�undiuons necessary io insure complian�e with this ordinance, wiih nirler CiCy ai'diAanC2S aAd Any �ih�r ��nd�u�n neCZSS�'y to pr0iac[ ihe healih, safzty, and welfare at�d pr�perry values in the imm�diate area. 'Ihe C�ry Cuur�il may deny a kenazl ar cattery licenst upon fin�iing that ihe esiahlishment of the kennel would er�nstitute a public nuisancc, ur would aavtr�ly affeet ihe health, safery, welfare or property values of �[he per�un residing,iivin�nr ownina propet[y witt►in the irnmediate area. C. Renzwal c�f License: The license shall be r�newabl� hy thz City Cl►�rk ugon payment of a ren�wal license fre sei funb hy City Couucil r�,solurion, providzd no complaints regardin� CLL-159?.13 R�'215-24 , 02:07pm From-KENNEDY & GRAVEN +61233T9310 T-247 P.03/03 F-228 the k.�nnel's operauan have be�n received dunn� rhe licens�' year. Iu the er•ent that no re�ocatic�n ot the liccnse is made or c�n�emplat�d by che City Clerk, thz Iicense shall be renewed. p. Licensc Revocation: In the event a complaint has been r�ceived by City ofticials, a rcp��rt iber�of sball be made to � City Council by� Ciry Clerk, and the Council may direce the applieant co appear to show cduse why ihe licznsz shoulei not b� revc�ced. A license may be revotced,or[he Council may decline co renew a license,for��iola�i�n af this ardinance,a�her cicy ordinances ur�ny cc�ndivan inipased at the um�of issuance or rcissuance. 7-�C-3: PR�MISES REQtJIREIv1�NTS: A. Fence Fur Cantinement: No license shall b� gran�ed w any own�r for �he opzra�ion af a kennel or cat�ry unlcss the area within whicb ihe animals at'e to slecp, eac �r exercise shal.l be encloseci completely wiLh a wirc mesh fenre uf suffirtent hei�ht and eau�z [o insure the conf�nement ur said animdls. $. Sanitdtiun, Noise: �very keunel or cat�ry shall be ma,in[ained and opera�d in a neat a.nd sanitary manner. �,11 retuse, garbage and animal wastz shall be rzmovea at regular intervals so as[o keep r.�z surroundin;drza fr�from abnoxiaus odors. No uwner shall p�rmit any�f his animals to crear� any unusu�l naise frum barking, crying, howling or screechin�, or credce any d�sturbanc� ur nuisancz of any kind w�a�soever which unduly irnpairs �he quict dnd peaceablr enjoyment of rhz s�rrQundin� arca by other residents. "I'his ordinance shall be zftudvz immediaizly upQn iU passage and publicauon accardina to law. EN�CTEA A.ND 012DAINED in�o an Qrdinance this day�f , 1y99. CTTY 4F ROS�'_vFOUNT Cdthy Busho,Mayor ATTEST: Susan M.Walsh,Ciry Clerk Puhlished in�Yte Rosemount'Y'Awu Pd��s this day of . 1�9• cl.L.-159.�.'S 3 g�315-30 � 470 Pillsbury Center ' � 200 South Sixth Street . Minneapolis MN 55402 �� (612)337-9300 telephone . (612)337-9310 fax C H A R T E R E D e-mail:attysC kennedy-graven.com CHARLES L. LEFEVERE Attomey at Law Direct Dial(612)337-9215 email:clefevere@kennedy-graven.com May 29, 1998 Ms. Susan Walsh City Clerk City of Rosemount PO Box 510 Rosemount MN 55068-0510 RE: Dog Kennel Registratiofa Dear Sue: You have asked for a letter explaining my interpretation of City Gode Section 7-4C-1, specifically whether the requirement of corisent by neighbors of the kennel is required each year or only at the time of the initial application for a kennel registration. I understand that the holder of a cunent registration is asserting that the consent of neighbors should not be required because this is a "renewal" application. It may be that the application form states that it is a renewal application, but there is nothing in the ordinance that suggests that there are two kinds of application (initial and renewal) or that a registration renewal would be treated any differently than an initial registration. In fact, paragraph D of Section 7-4C-1 provides that: "A residential kennel ... registration shall not be issued unless the application for such registration is accompanied by the writt�n approval of the occupants of all privately owned real estate abutting the premises on which the. kennel ... is to be located ... ." Paragraph A of the same Section provides that registrations issued for kennels are issued on an annual basis. Therefore, since registrations aze only for one year and consent is required for a registration, I would interpret the ordinance to mean that neighbor consent is required for each registration period. It would seem to me to make sense that if consent of the neighbors, or even comment from the neighbars, were important, that there should be some sort of periodic rechecking of the consent of the neighbors. If the only time when neighbor consent is rec�uired is the time of the initial application, people moving into t6e neighborhood at a later date would have no opportunity to give or withhold consent and, in the worst case, consent might initially be given but the dogs at the kennel might become a nuisance to the neighbors at a later date. CLL144175 P.S2:`,-1 Ms. Susan Walsh May 29, 1998 Page 2 I should note that this is only my interpretation of the ordinance, and that the City Council may be in a better position to interpret its own ordinance. The Council's oprions, as I see them, are: 1. Require neighbor consent only on the initial registration. This would also mean, of course, that all other registrants throughout the City in other neighborhoods would be treated the same way. 2. Amend the ordinance so actual consent by the neighbors is not required. An alternative might be to accept the input of the neigh�ars in tl:e permitting process but not give a neighbor the power to veto granting a license by withholding consent. 3. Require neighbor consent in the case of renewal as well as initial registration applications. If you have any further questions, please give me a call. Very truly yours, Chazles L. LeFevere CLL:Ih CLL144175 RS215-1