HomeMy Public PortalAbout1985-028Member /` 5 6�
its adoption:
introduced the following resolution and moved
CITY OF MEDINA
RESOLUTION NO. J-5-��
RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR
THE OPERATION OF A DOG BREEDING KENNEL
WHEREAS, David and Jo Nelson as tenants and operators, Howard
Nelson as contract for deed vendee, and Jeff Howard as contract for
deed vendor, have made application for a conditional use permit for
the operation of a dog breeding kennel at 3365 Highway 55, in the
City of Medina, and have agreed to be bound by the terms of the said
conditional use permit; and
WHEREAS, the property consists of approximately 28 acres, of
which 10 acres is marsh and wetland and 18 acres is untilled, rolling
uplands; and
WHEREAS, the property lies in the rural residential district in
which a conditional use permit is required for the operation of a dog
breeding kennel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MEDINA, MINNESOTA, that a conditional use permit be granted to
the applicants for the operation of a dog breeding kennel at 3365
Highway 55 in the City of Medina, the legal description of which is
attached hereto and made a part hereof by reference, subject to the
following conditions:
1. The kennel shall be operated as a breeding kennel for registered
purebred dogs and the taking -in or harboring of dogs primarily
for the purpose of housing, boarding, feeding, or otherwise
caring for dogs as a convenience to the owners thereof is pro-
hibited.
2. The applicants shall be permitted to construct a maximum of 15
runs, each of which is approxiately square feet in size,
the specific locations of which are set forth on the site plan
which is attached, the said dog runs in no event being constructed
within 300 feet of the northerly property line, 1,200 feet of the
easterly property line, 1,000 feet of the southerly property line,
and 128 feet of the westerly property line.
3. All runs shall be constructed in such a way as to minimize the
noise of barking dogs, including fencing or covering with opaque
materials on the northerly side of the dog runs. In the event
the properties to the west, south and east are further developed
for residential purposes the City Council may, at its option,
require opaque fencing or covering to be added to the dog runs.
4. The total number of dogs permitted on the property at any one
time is 8 male adult dogs and 7 female adult dogs, subject to
the following:
a. Puppies 4 months old or younger which are the offspring
of adult dogs legally permitted on the property are per-
mitted on the property without limitation as to numbers;
b. The applicants shall keep accurate records of the dates,
numbers, sire and dam of each litter whelped or main-
tained on the property, which records shall be open to
inspection of the city staff at reasonable times;
c. The applicants shall develop and submit to the City Coun-
cil in writing a plan for the removal of adult dogs when
the number thereof exceeds the numbers permitted herein.
5. The kennel shall operate only between the hours of 8:00 a.m. and
6:00 p.m. daily.
6. In the event the property is subdivided for a use other than a
dog breeding kennel, the conditional use permit will be automat-
ically revoked.
7. A11 waste materials shall be disposed of in accordance with the
ordinances of the City of Medina and Minnesota Statutes and in
such a manner as to avoid the creation of a nuisance.
8. In the event that the sound of barking dogs creates a nuisance,
the nuisance shall be immediately abated.
9. No dog shall be sold or used for experimental purposes.
10. A site plan shall be submitted, shall be drawn to scale showing
all structures, fences and dog runs on the property, together
with any proposed signs and landscaping and screening as required
by ordinance, including parking and access off Highway 55.
11. All dogs shall be maintained in accordance with the U.S.D.A.
standards which are attached hereto and made a part hereof by
reference.
12. Any violation, lapse or noncompliance with any condition of this
conditional use permit shall constitute a sufficient reason for
the revocation of the permit; any violation, lapse or noncom-
pliance with any condition of this permit shall constitute a
misdemeanor which is punishable by a fine not to exceed $700.00
and by imprisonment not to exceed 90 days, or both, together with
the costs of prosecution.
DATED: //CI / �?, / f.5
ATTEST:
/ACk i/
Donna Roehl, Clerk/Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by member /f/74,/.// and upon vote being taken thereon,
the following voted in favor thereof:.AQ/) 4i,54r, .Srv6,r,
�✓e<o�� m and the following voted against same:
ditrzcG
Whereupon said resolution was declared duly passed and adopted.
§ 3.1 Title 9-Animals and Animal Products
Sec.
3.9 Classification and separation.
3.10 Veterinary care.
TRANSPORTATION STANDARDS
3.11 Vehicles.
3.12 Primary enclosures used to transport
dogs and cats.
3.13 Food and water requirements.
9.14 Care in transit.
Subpart 8-Specifications for the Humane Han-
dling, Care, Treatment, and Transportation of
Guinea Pigs and Hamsters
PACILITIES AND OPERATING STANDARDS
3.25 Facilities, general.
3.28 Facilities, Indoor.
3.27 Facilities, outdoor.
3.28 Primary enclosures.
ANIMAL HEALTH AND HUSBANDRY STANDARDS
3.29 Feeding.
9.30 Watering.
3.31 Sanitation.
3.32 Employees.
3.33 Classification and separation.
3.34 Veterinary care.
TRANSPORTATION STANDARDS
3.35 Vehicles.
3.38 Primary enclosures used to transport
guinea pigs and hamsters.
3.37 Feed and water requirements.
3.38 Care in transit.
Subpart C-Specifications for the Humane Han-
dling, Care, Treatment and Transportation of
Rabbits
FACILITIES AND OPERATING STANDARDS
3.50 Facilities, general.
9.51 Facilities, Indoor.
9.52 Facilities, outdoor.
3.53 Primary enclosures.
AhIIaAL HEALTH AND HUSBANDRY STANDARDS
3.54 Feeding.
3.55 Watering.
3.58 Sanitation.
3.57 Employees.
3.58 CiasslP.cation and separation.
3.59 Veterinary care.
TRANSPORTATION STANDARDS
9.80 Vehicles.
3.61 Primary enclosures used to transpon
rabbits.
3.62 Food and water requirements.
3.63 Care in transit.
Subpart D-Speciflcations for the Humane Han-
dling, Care, Treatment, and Transportation of
Nonhuman Primates
FACILrrIES AND OPERATING STANDARDS
9.75 Facilities, general.
_3.78 Facilities, indoor.
Sec.
3.77 Facilities, outdoor.
3.78 Primary enclosures.
ANIMAL HEALTH AND HUSBANDRY STANDARDS
3.79 Feeding.
3.80 Watering.
3.81 Sanitation.
3.82 Employees.
3.83 Classification and separation.
3.84 Veterinary care.
3.85 Vehicles.
3.86 Primary enclosures used to transport
nonhuman primates.
3.87 Food and water requirements.
3.88 Care In transit.
Subpart E-Specifications for the Humane Han-
dling, Care, Treatment, and Transportation of
Warmbiooded Animals Other Than Dogs, Cats,
Rabbits, Hamsters, Guinea Pigs, and Nonhuman
Primates
FACILITIES AND OPERATING STANDARDS
3.100 Facilities, general.
3.101 Facilities, indoor.
3.102 Facilities, outdoor.
3.103 Space requirements.
ANIMAL HEALTH AND HUSBANDRY STANDARDS
3.104
3.105
3.106
3.107
3.108
3.109
3.110
Feeding.
Watering.
Sanitation.
Employees.
Separation.
Veterinary care.
Handling.
TRANSPORTATION STANDARDS
3.111 Vehicles.
3.112 Primary enclosures used to transport
animals.
3..13 Food and water requirements.
3.114 Care In transit.
Arm -warm The provisions of this Part 3
Issued under sec. 13, 80 Stat. 352; 7 U.S.C.
2143, unless otherwise noted.
SOURCE: The provisions of this Part 3 ap-
pear at 32 F.R. 3273, Feb. 2,1, 1967; 36 F.R.
24928, Dec. 24, 1971, unless otherwise noted.
Subpart A -Specifications for the Hu-
mane Handling, Care, Treatment,
and Transportation of 'Dogs and
Cats
FACILITIES AND OPERATING STANDARDS
§ 3.1 Facilities, general.
(a) Structural strength. Housing fa-
cilities for dogs or cats shall be structur-
ally sound and shall be maintained in
good repair, to protect the animals from
Chapter I -Animal and Plant Health Inspection Service
injury, to contain the animals, and to
restrict the entrance of other animals.
(b) Water and electric power. Re-
liable and adequate electric power, if re-
quired to comply with other provisions
of this subpart, and adequate potable
water shall be available.
(c) Storage. Supplies of food and
bedding shall be stored in facilities which
adequately protect such supplies against
infestation or contamination by vermin.
Refrigeration shall be provided for sup-
plies of perishable food.
(d) Waste disposal. Provision shall
be made for the removal and disposal
of animal and food wastes, bedding, dead
animals, and debris. Disposal facilities
shall be so provided and operated as to
minimise vermin infestation, odors, and
disease hazards.
(e) Washrooms and sinks. Facilities,
such as washrooms, basins, or sinks, shall
be provided to maintain cleanliness
among animal caretakers.
§ 3.2 Facilities, indoor.
(a) Heating. Indoor housing facili-
ties for dogs or cats shall be sufficiently
heated when necessary to protect the
dogs or cats from cold, and to provide for
their health and comfort. The ambient
temperature shall not be allowed to fall
below 50° F. for dogs and cats not ac-
climated to lower temperatures.
(b) Ventilation. Indoor housing fa-
cilities for dogs or cats shall be ade-
quately ventilated to provide for the
health and comtort of the animals at
all times. Such facilities shall be pro-
vided with fresh air either by means of
windows, doors, vents, or air condition-
ing and shall be ventilated so as to mini-
mize drafts, odors. and moisture con-
densation. Auxiliary ventilation, such
as exhaust fans and vents or air condi-
tioning, shall be provided when the am-
bient temperature is 85° F. or higher.
(c) Lighting. Indoor housing facili-
ties for dogs or cats shall have ample
light, by natural or artificial means, or
both, of good quality and well distrib-
uted. Such lighting shall provide uni-
formly distributed illumination of suffi-
cient light intensity to permit routine
inspection and cleaning during the en-
tire working period. Primary enclo-
sures shall be so placed as to protect the
dogs or cats from excessive illumination.
3.4
(d) Interior surfaces. The interior
building surfaces of indoor housing `:L-
clllties shall be constructed and main-
tained so that they are substantially
impervious to moisture and may be read-
ily sanitized.
(e) Drainage. A suitable method shall
be provided to rapidly eliminate excess
water from indoor housing facilities. If
drains are used, they shall be properly
constructed and kept in good repair to
avoid foul odors therefrom. If closed
drainage systems are used, they shall be
equipped with traps and so installed as
to prevent any backup of sewage onto the
floor of the room.
§ 3.3 Facilities, outdoor.
(a) Shelter from sunlight. When sun-
light is likely to cause overheating orlg
discomfort, sufficient shade shall be pro-
vided to allow all dogs and cats kept out-
doors to protect themselves from the
direct rays of the sun.
(b) Shelter from rain or snore. Dogs
and cats kept outdoors shall be provided
with access to shelter to allow them to
remain dry during rain or snow.
(c) Shelter from cold weather. Shel-
ter shall be provided for all dogs and
cats kept outdoors when the atmos-
pheric temperature falls below 50° F.
Sufficient clean bedding material or other
means of protection from the weather
elements shall be provided when the
ambient temperature falls below that
temperature to which a dog or cat is
acclimated.
(d) Drainage. A suitable method
shall be provided to rapidly eliminate
excess water
§ 3.4 Primary enclosures.
All primary enclosures for dogs and
cats shall conform to the following
requirements:
(a) General-(1) Requirements for
primary enclosures for dogs and cats.
(1) Primary enclosures shall be struc-
turally sound and maintained in good
repair to protect the dogs and cats from
injury, to contain them, and to keep
predators out.
(ii) Primary enclosures shall be con-
structed and maintained so as to enable
the dogs and cats to remain dry and
clean.
1
3.5 Title 9—Animals and Animal Products
(ill) Primary enclosures shall be con-
structed and maintained so that the dogs
or cats contained therein have conven-
ient access to clean food and water as
required In this subpart.
(iv) The floors of the primary enclo-
sures shall be constructed so as to pro-
tect the dogs' and cats' feet and legs from
injury.
(2) Additional requirements for pri-
mary enclosures housing cats. (i) In all
enclosures having a solid floor, a re-
ceptacle containing sufficient clean litter
shall be provided to contain excreta.
(11) Each primary enclosure shall be
provided with a solid resting surface or
surfaces which, in the aggregate, shall be
of adequate size to comfortably hold all
occupants of the primary enclosure at
.he same time. Such resting surface or
surfaces shall be elevated in primary en-
closures housing two or more cats.
(b) Space requirements—(1) Dogs
and cats. Primary enclosures shall be
constructed and maintained so as to pro-
vide sufficient space to allow each dog
and cat to turn about freely and to easily
stand, sit and lie in a comfortable nor-
mal position.
(2) Dogs. (1) In addition to the pro-
visions of subparagraph (1) of this para-
graph, each dog housed in any primary
enclosure shall be provided a minimum
square footage of floor space equal to the
mathematical square of the sum of the
length of the dog in inches, as measured
from the tip of its nose to the base of its
tall, plus S inches, expressed in square
feet, Not more than 12 adult noncordi-
tloned dogs shall be housed in the sarue
primary enclosure.
(ii) Dog houses with chains. If dog
houses with chains are used as primary
enclosures for dogs kept outdoors, the
chains used shall be so placed or attached
that they cannot become entangled with
the chains of other dogs or any other
objects. Such chains shall be of a type
commonly used for the size dog 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 and
shall allow the dog convenient access to
the dog house.
(3) Cats. In addition to the provi-
sions of subparagraph (1) of this para-
graph, each adult cat housed in any
primary enclosure shall be provided a
minimum of 2r,2 square feet of floor
space. Not more than 12 adult non -
conditioned cats shall be housed in the
same primary enclosure.
ANIMAL HEALTH AND HUSBANDRY STANDARDS
§ 3.5 Feeding.
(a) Dogs and cats shall be fed at least
once each day except as otherwise might
be required to provide adequate veteri-
nary care. The food shall be free from
contamination, wholesome, palatable,
and of sufficient quantity and nutritive
value to meet the normal daily require-
ments for the condition and size of the
dog or cat.
(b) Food receptacles shall be accessi-
ble to all dogs or cats and shall be located
so as to minimize contamination by ex-
creta. Feeding pans shall be durable
and kept clean. The food receptacles
shall be sanitized at least once every 2
weeks. Disposable food receptacles may
be used but must be discarded after each
feeding. Self feeders may be used for
the feeding of dry food, and they shall
be sanitized regularly to prevent mold-
ing, deterioration or caking of feed.
§ 3.6 Watering.
If potable water is not accessible to
the dogs and cats at all times, potable
liquids shall be offered to such animals
at least twice daily for periods of not
less than 1 hour, except as might other-
wise be required to provide adequate
veterinary care. Watering receptacles
shall be kept clean and shall be sanitized
at least once every 2 weeks.
§ 3.7 Sanitation.
(a) Cleaning of primary enclosures.
Excreta shall be removed from primary
enclosures as often as necessary to pre -
This requirement may be computed by using the following equation:
(length of dog in inches-1-8) x (length of dog in lnches+8)
Required area in square inches
=Required square feet of floor space
144
1
r
Chapter 1—Animal and Plant Health Inspection Service
vent contamination of the dogs or cats
contained therein and to reduce disease
hazards and odors. When a hosing or
flushing method is used for cleaning a
primary enclosure commonly known as
a cage, any dog contained therein shall
be removed from such enclosure during
the cleaning process, and adequate meas-
ures shall be taken to protect the animals
in other such enclosures from being con-
taminated with water and other wastes.
(b) Sanitization of primary enclosures.
(1) Prior to the introduction of noncon-
ditioned dogs or cats into empty primary
enclosures previously occupied, such en-
closures shall be sanitized in the manner
provided in subparagraph (3) of this
paragraph.
(2) Primary enclosures for dogs or
cats shall be sanitized often enough to
prevent an accumulation of debris or ex-
creta, or a disease hazard: Provided,
however, That such enclosures shall be
sanitized at least once every 2 weeks in
the manner provided in subparagraph
(3) of this paragraph.
(3) Cages, rooms and hard -surfaced
pens or runs shall be sanitized by wash-
ing them with hot water (180° F.) and
soap or detergent as in a mechanical cage
washer, or by washing all soiled surfaces
with a detergent solution followed by a
safe and effective disinfectant, or by
cleaning all soiled surfaces with live
steam. Pens or runs using gravel, sand,
or dirt shall be sanitized by removing the
soiled gravel, sand or dirt and replacing
it as necessary.
(c) Housekeeping. Premises (build-
ings and grounds) shall be .kept clean
and in good repair in order to protect
the animals from injury and to facilitate
the prescribed husbandry practices set
forth Lu this subpart. Premises shall
remain free of accumulations of trash.
(d) Pest control. An effective pro-
gram for the control of insects, ecto-
parasites, and avian and mammalian
pests shall be established and main-
tained.
§ 3.8 Employees.
A sufficient number of employees shall
be utilized to maintain the prescribed
level of husbandry practices set forth in
this subpart. Such practices shall be
under the supervision of an animal care-
taker who has a background in animal
husbandry or care.
§ 3.10
§ 3.9 Classification and separation.
Animals housed in the same primary
enclosure shall be maintained in com-
patible groups, with the following addi-
tional restrictions:
(a) Females in season (estrus) shall
not be housed in the same primary en-
closure with males, except for breeding
purposes.
(b) Any dog or cat exhibiting a vi-
cious disposition shall be housed indi-
vidually in a primary enclosure.
(c) Puppies or kittens shall not be
housed in the same primary enclosure
with adult dogs or cats other than their
dams, except when permanently main-
tained in breeding colonies.
(d) Dogs shall not be housed in the
same primary enclosure with cats, no
shall dogs or cats be housed in the same
primary enclosure with any other species
of animals.
(e) Dogs or cats under quarantine or
treatment for a communicable disease
shall be separated from other dogs or
cats and other susceptible species of ani-
mals in such a manner as to minimize
dissemination of such disease.
§ 3.10 Veterinary care.
(a) Programs of disease control and
prevention, euthanasia, and adequate
veterinary care shall be established and
maintained under the supervision and
assistance of a doctor of veterinary medi-
cine.
(b) Each dog and cat shall be observed
daily by the animal caretaker in charge,
or by someone under his direct super-
vision. Sick or diseased, injured, lame,
or blind dogs or cats shall be provided
with veterinary care or humanely dis-
posed of unless such action is inconsist-
ent with the research purposes for which
such animal was obtained and is being
held: Provided, however, That the pro-
vision shall not effect compliance with
any State or local law requiring the hold -
in„ for a specified period, of animals
suspected of being diseased.
(c) (1) In the case of a research facil-
ity, the program of adequate veterinary
care shall include the appropriate use of
anesthetic, analgesic, or tranquilizing
drugs, when such use would be proper
in the opinion of the attending veteri-
narian at the research facility. The use
of these three classes of drugs shall be
r