HomeMy WebLinkAbout1989-085 CCR1
Member Todd Paulson
resolution and moved its adoption:
RESOLUTION NO. 119-85
introduced the following
RESOLUTION DENYING PRIVATE KENNEL LICENSE FOR
MABEL RUSTAD, 5229 GREAT VIEW AVENUE NORTH
WHEREAS, upon information from the Hennepin County
Humane Society, inspections by City personnel revealed that Ms.
Mabel Rustad was maintaining 26 cats in her residence at 5229
Great View Road; and
WHEREAS, City Code Section 1 -109 prohibits keeping four
or more cats exceeding six months in age in a family dwelling
unit without obtaining a private kennel license; and
WHEREAS, Ms. Rustad (the Applicant) has applied for a
private kennel license for nine cats; and
WHEREAS, the City Council conducted a hearing on the
application on April 24, 1989, at which time it heard testimony
from all persons wishing to address the Council on the matter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that the Council makes the following
findings and determination:
FINDINGS
1. Upon complaint from the Hennepin County Humane
Society, an inspection was made of the premises at
5229 Great View Avenue North on March 9, 1989.
Twenty -six cats were found to be confined in cages
in the basement of the residence. No litter was
used or available in the house, and cats urinated
and defecated only on newspaper. There was an
overwhelming, foul odor of cat urine and feces.
The cat area was found to be generally an unkept
mess. Ms. Rustad claimed at the time of the
inspection that she had a kennel license for the
cats, which is not true.
2. The City was subsequently notified that the
Applicant had removed all but nine cats.
3. On March 28, 1989, a follow -up inspection was
conducted. One dog and two cats were found to be
loose on the main floor of the residence. Seven
cats were kept in the basement in cages.
Inspectors noted the same stench of cat urine and
feces which they had noted during the inspection on
March 9, 1989. Cats had available litter boxes;
however, the boxes had not been adequately cleaned
and were found to be overflowing with cat feces.
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RESOLUTION NO.
89 -85
Cages were made of wood with floors covered with a
worn laminate type of material which had been
damaged, revealing the underlying wood so that the
floors of the cages were not capable of being
adequately cleaned. Some cages were found to be
without food or water and several bowls contained
water that was not clear. The cages were small in
size and the cats paced back and forth. Several
cats had eye problems and one had a kidney problem.
Litter boxes upstairs were found to be overflowing
and cat feces were on the carpet of the residence.
4. On April 19, 1989, the Sanitarian and Building
Official conducted another inspection and found no
substantial changes within the residence.
5. The City Sanitarian and the Chief of Police have
both recommended against the issuance of a private
kennel license to the Applicant on the basis of
these inspections.
6. Due to inadequate kennel design and operation by
the Applicant, the cats are kept in unsanitary,
unhealthy and inhumane conditions which should not
be allowed to continue.
7. Conditions maintained by the Applicant are
malodorous and offensive and constitute a health
hazard, all of which jeopardize the public health,
safety and welfare.
8. At the hearing, the Applicant stated that it did
not matter whether the City issued a license,
because she intended to keep all of the cats in any
case until they died.
ORDER
On the basis of the foregoing, it is ORDERED that:
1. The application for a private kennel license for
Ms. Mabel Rustad, 5229 Great View Avenue North, is
denied.
2. The Applicant is directed to remove all but three
cats being over the age of six months within 30
days of the date of this Order.
3. A certified copy of this resolution shall be served
on the Applicant forthwith.
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RESOLUTION NO. 89 -85
May 8, 1989
Date
M
ATTEST:_ n rt_t_t
Depty City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member Celia Scott and upon vote being taken
thereon, the following voted in favor thereof: Dean Nyquist,
Celia Scott, Todd Paulson, and Jerry Pedlar;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.