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ORD 93-02P0 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 93 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF OTSEGO, AN ORDINANCE REGULATING THE KEEPING OF DOGS, ADDING PROVISIONS REGULATING KENNELS AND PROVIDING FOR LICENSING OF KENNELS. Section 1. Section 1. Definition, is amended to add the following definition: "E. The term "kennel" shall mean any lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis_ for personal use, enjoyment or profit." Section 2. Section 12 is added to the ordinance: "Section 12. Permits for Commercial Docr Kennels: Permits for Keeping More Than Three Dogs over lne ask vL aim Subd. 1. No person shall operate`a commercial dog kennel lfin a the City without first obtaining pe or such permit shall be made to the City Zoning Administrator and shall be accompanied by the permit fee established by the City Council. Subd. 2. Commercial kennel permits shall be issued on an annual basis, expiring on December 31, following the first elective day of the kennel permit. , ::The commercial kennel permit fee shall be the amount per year or fraction thereof as set by the City Council from time to time. Subd. 3. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel permit may be revoked by the City Council by reason of the violation of this ordinance or any health nuisance or zoning Iordinance, law, or regulation. Subd. 4. No person shall own or otherwise possess, keep, or harbor upon any lot, premises, dwelling or dwelling unit more than three (3) dogs over the age of six (6) months unless in a commercial kennel duly licensed under this section. Subd. 5. The number of dogs permitted in Subsection 4 may be increased by obtaining a permit issued by the Animal Warden or Zoning Administrator. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the Animal Warden or Zoning Administrator deems reasonably necessary to protect any person or neighboring use from 41 unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a permit may be modified from time to time or revoked by the Animal Warden or Zoning Administrator for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective from after ten (10) days following the mailing of written notice thereof by certified mail to the person or person owning, possessing, keeping, or harboring such dogs. Subd. 6. The Animal Warden or Zoning Administrator may grant any permit pursuant to thissection after the applicant has. sought the written consent of AT LEAST EIGHTY PERCENT (80%) of the occupants of the several descriptions of the real estate situated within 100 feet of the applicant's real estate. SUCH WRITTEN CONSENT SHALL BE REQUIRED ON THE FIRST AND INITIAL APPLICATION AND AS OFTEN THEREAFTER AS THE ANIMAL WARDEN OR ZONING ADMINISTRATOR DEEMS NECESSARY. Section 3. Section 13 is added to the Ordinance: "Section 13, Maintenance of Animal Quarters and Commercial Dog Kennels. Subd. 1. Animal housing facilities and commercial dog kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities shall be structurally sound - and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. Subd. 2. Prior to approval of a license for any commercial kennel the owner(s) must submit, for review and approval by the City, a detailed layout of the proposed facilities showing proposed improvements all on the same scale. Any changes required by the Animal Warden and/or Zoning Administrator shall be made prior to final issuance of a permit. Subd. 3. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow, together with adequate bedding when the temperature falls below 50 degrees fahrenheit. Subd. 4. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail. Subd. 5. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. Subd. 6. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees fahrenheit for dogs not accustomed to lower temperatures. Subd 7. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards. Subd 8. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. Section 3. Section 12, Penalty is renumbered to Section 14. Section 4. Effective Date. This ordinance shall take effect and be - in full force from and after its passage and publication. Pas ed by the City Council of the City of Otsego this ��' day of , 1993. Norman Freske, Mayor