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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