HomeMy WebLinkAbout2025.07.14 CCP WORKCOUNCIL/EDA WORK SESSION
MEETING
City Hall Council Chambers
July 14, 2025
AGENDA
1. Active Discussion Items
a. Permitted Districts for Commercial Animal Establishments
2. Adjournment
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Council Regular Meeting
DATE: 7/14/2025
TO: Council/EDA Work Session
FROM: Jesse Anderson, Community Development Director
THROUGH: Krystin Eldridge, Associate Planner
BY: Krystin Eldridge, Associate Planner
SUBJECT: Permitted Districts for Commercial Animal Establishments
Requested Council Action:
Review Chapter 35 - Unified Development Ordinance’s permitted districts for
commercial animal establishments
Background:
Recently, many cities have been reviewing their ordinances to regulate pet store usage
of puppy mills, and a bill was introduced to the Minnesota Legislature that has not
passed as of this year. Since it has not been passed by Minnesota legislature yet,
animal advocates are visiting cities to encourage them to adopt a resolution that bans
pet stores from using puppy mills and ensure animal welfare and safety before selling to
prospective pet owners.
In 2017, Roseville was the first to ban the sell of cats and dogs after Har Mar Pet Center
was found to have grim conditions, inferior pet screening, and selling sick animals.
Since then, 11 other cities have passed a version of a humane pet conditions
ordinance, to ban the use of commercial puppy mills or the sell of kittens and puppies
that use commercial puppy mills. Those cities include: Eden Prairie, St. Paul, Carver,
Cloquet, Minneapolis, Coon Rapids, Columbia Heights, Maple Grove, Oak Grove, Edina
and Osseo.
The Unified Development Ordinance regulates Commercial Animal Establishments
(formerly known as kennels) and Animal Hospitals. Commercial Animal Establishments
are defined as any business that raises, breeds, sells, boards, distributes or exhibits
animals for entertainment or education purposes. This definition includes uses such as
pet stores, aquariums, petting zoos, riding schools, zoological parks, or performing
animal exhibitions.
Commercial Animal Establishments are permitted in the Commercial (C), Business
Mixed Use (MX-B) and the Industrial district (I). Permitted would mean only
administrative approval is needed from City Staff and no public review is necessary.
Animal Hospitals and Veterinary Clinics are permitted in every nonresidential district
except Industrial.
The Unified Development Ordinance regulates the location for this use, and the City
Clerk’s Office administers a Commercial Kennel License, which regulates standards
and limits the number of cats and dogs in one dwelling unit to avoid any issues
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regarding maintenance, nuisance or general aesthetic depreciation.
Budget Issues:
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
ATTACHMENTS:
1. Chapter 35 - Unified Development Ordinance - Allowed Use Table 4103 -
Commercial Animal Establishments
2. Chapter 1 - Animals Ordinance - Commercial Kennel License Language
3. Roseville Title-5-Pet_Store_Ordinance_Example
4. ZoningMap_2023
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Section 1-102. LICENSE REQUIRED.
Commercial Kennel License. Every person operating a commercial kennel shall annually
obtain from the City Clerk, upon authorization by the City Council, a commercial kennel
license. Commercial kennel licenses shall be posted in a conspicuous place within the
licensed premises.
Section 1-103. LICENSE FEES. The license fee for each commercial kennel license, each
renewal license, and each impounding penalty described herein shall be as set forth by City Council
resolution. Every such license shall expire on September 30 next after its issuance.
1. Refunds, Prorating, and Transfers. No commercial kennel license fee shall be
refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances
notwithstanding. No license required hereunder shall be transferable.
Section 1-104. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES.
Applications for all licenses required by this Chapter shall be made to the City Clerk.
1. Application for Commercial Kennel License.
a. Initial application for a commercial kennel license shall be made to the City
Clerk. The application shall state the name and address of the applicant, the
property address or legal description of the proposed kennel location, a
sketch or drawing of the proposed kennel describing construction,
operation, and the approximate number of animals to be confined therein,
together with their age, breed, and sex, and together with the applicable
license fee.
b. Hearing Required. A commercial kennel license application shall be
referred to the Public Health Sanitarian who shall review the kennel design
and operation and make a recommendation to the City Council on the
adequacy thereof. Applications for commercial kennel license shall be
placed on the agenda of the City Council for a public hearing at the regular
City Council meeting next following 14 days after the application is
received. Not less than seven (7) days before the date of the public hearing,
the City Clerk shall mail notice of the hearing to the applicant and to the
owners of property within 150 feet of the proposed kennel location. The
failure of any owner to receive such notice shall not invalidate the
proceedings.
c. Council Approval. The City Council may approve the commercial kennel
license and may attach to such approval any conditions necessary to insure
compliance with this ordinance, with Chapter 19 of City Ordinances, and
any other condition necessary to protect the health, safety, welfare, and
property values in the immediate area. The City Council may deny a
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commercial kennel license upon finding that the establishment of the kennel
would constitute a public nuisance, or would adversely affect the health,
safety, welfare or property values of the person residing, living, or owning
property within the immediate area. The form of approval for a license shall
be the resolution of approval, a certified copy of which shall be forwarded
to the applicant.
d. Renewal of License. A copy of the commercial kennel license shall be
forwarded to the City Clerk who shall maintain a register of kennel licenses.
Subject to any time limitation set by the City Council, the license shall be
valid for a period of one year and until October 1 of the then current calendar
year and shall be renewable on October 1 of each year thereafter by the City
Clerk upon payment of a renewal license fee set forth by City Council
resolution, only in the event no complaint regarding the kennel's operation
has been received during the license year. In the event that no revocation
of the license is made or contemplated by the City Council, the license shall
be renewable as set forth in this subdivision.
e. License Revocation. In the event a complaint has been received by City
officials, a report thereof shall be made to the City Council by the City Clerk
and the City Council may direct the applicant to appear to show cause why
the license should not be revoked. A license may be revoked for violation
of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any
condition imposed at the time of issuance.
f. Condition of License. No license shall be granted or renewed for operation
on any property on which taxes, assessments, or other financial claims of
the state, county, school district, or city are due, delinquent, or unpaid. In
the event a suit has been commenced under Minn. Stat.§ 278.01 to 278.03,
questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be
granted, however, for taxes or any portion thereof which remain unpaid for
a period exceeding one (1) year after becoming due.
Section 1-106. STANDARDS FOR COMMERCIAL KENNELS. All commercial
kennels shall be designed, operated and maintained according to the following standards:1.
Commercial kennel floors and walls shall be constructed of impervious materials and all
structures, areas, and appurtenances shall be designed to facilitate thorough and convenient
cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other
openings to the outside shall be screened, May through October. The commercial kennels shall be
provided with adequate and potable water supplies and shall be equipped with sewer facilities.
Plans for all new commercial kennels and repairs or alterations to existing commercial kennels
must be filed with and approved by the City's Public Health Sanitarian as a condition of the license.
2. Operating Standards. The licensee, its agents and employees shall operate and
maintain the kennel in accordance with standards set out in Title 9, Chapter 1,
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Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department
of Agriculture, Animal and Plant Health Inspection Service, a copy of which is
adopted by reference.
Section 1-107. RABIES VACCINATION REQUIRED. A person who owns, harbors, or
keeps a dog over six months old within the city must have the dog vaccinated by a licensed
veterinarian with an anti-rabies vaccine that is currently effective. A vaccination certificate is valid
only for the dog and owner to which it is issued. A person must not use a rabies vaccination
certificate for a different dog than the one for which it was issued.
Section 1-108. TAGS. A person who owns, harbors, or keeps a dog over six months old
within the city must securely attach an identification tag or plate to the dog's collar so that it can
be readily seen. The tag or plate must contain the name and home telephone number of the owner
or other person who is keeping the dog. The identification tag or plate must be worn by the dog
at all times when it is off the owner's or keeper's property.
Section 1-109. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of
three (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises
is subject to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard,
and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more
dogs or four (4) or more cats within a residential area has been the source of a variety of complaints,
no family or family member shall keep, harbor, or have custody of more than two (2) dogs, or
more than three (3) cats, or a combination of more than five (5) animals exceeding six months of
age in the family dwelling unit or on the family premises.
Section 1-110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep
an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or
in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting,
or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or
endangers the safety, health, morals, comfort, or repose of any person or property.
Section 1-111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner
to allow its animal to run at large.
Section 1-112. ANIMAL CONTROL OFFICER. The City Council may provide for a
City Animal Pound, either within or outside the corporate limits and may provide for an Animal
Control Officer to enforce this ordinance.
Section 1-113. ENFORCEMENT PROCEDURES. The Animal Control Officer may
capture and impound any animal running at large.
Section 1-114. QUARANTINE. Any animal, including wild animals that have bitten a
person shall immediately be impounded for at least 10 days and kept apart from other animals,
under the supervision of a veterinarian, until it is determined whether such animal had or has a
disease which might have been transmitted by such bite. Such impounding may be done by the
owner, and need not be at the pound designated by the City, but if it is not at the designated pound,
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the owner shall notify the police department immediately and shall furnish proof in writing that
such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the
animal does not have a disease which might have been transmitted by such bite, it may be released,
and the police department shall be notified immediately prior to such release by the owner of the
animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter
provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and
kept in the same manner for a period of six months; provided that if the animal which has been
bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one
year of such bite and if it is again immediately vaccinated, then such animal shall be confined or
impounded for a period of 40 days before it is released. The owner of an animal which has been
bitten by a rabid animal shall notify the police department immediately prior to the release of any
such animal.
Section 1-115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous,
rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot
be impounded without serious risk to any person or persons, or if the animal has made more than
one attack on a person or persons, such animal may be immediately killed by or under the direction
of a police officer.
Section 1-116. TREATMENTS DURING IMPOUNDING. Any animal which is
impounded in the designated pound shall be kept in accordance with Section 1-106 of this
ordinance. If the animal is not known or suspected of being diseased and has not bitten a person
or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is
sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased
with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10
days.
Section 1-117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be
redeemed from the pound by the owner upon payment of the following:
1. The amount of the boarding fee which the City is required to pay the pound keeper.
2. An impounding penalty as set forth by City Council resolution.
The City Manager or the City Manager's designee may waive the late-license penalty and
the impounding penalty for persons other than the owner in cases of sale in accordance with
Section 1-118 of this ordinance.
Section 1-118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated
pound keeper shall make an effort to contact the owner of any animal which has been impounded
and which has identification on it. If at the end of the impounding period the animal is not
reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed
of or sold to any person following the procedures contained in Minn. Stat. § 514.93 relating to the
sale of unclaimed animals by veterinarians.
Section 1-119. ABANDONMENT. It shall be unlawful for any person to abandon any
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animal, including wild animals in Brooklyn Center.
Section 1-120. ANIMAL WASTE.
1. No owner or custodian of any animal shall cause or allow such animal to soil, defile
or defecate on any public property or upon any street, sidewalk, public way, play area
or common grounds owned jointly by the members of a homeowners’ or
condominium association, or upon private property other than that of the owner,
unless such owner immediately removes and disposes of all feces deposited by such
animal in a sanitary manner.
2. It is unlawful for any person owning, keeping or harboring an animal to cause or
permit said animal to be on any public property, without having in their immediate
possession, a device for the removal of feces and depository for the transmission of
excrement to a proper receptacle located on the property owned or possessed by such
person.
3. It is unlawful for any person in control of, causing or permitting any animal to be on
any public property, to fail to remove feces left by such animal and dispose of it
properly.
4. Proper disposal of animal waste shall be limited to burial where lawfully permitted,
flushing in the toilet, bagging for disposal in the owner or keeper’s waste receptacle,
and bagging for disposal in a waste receptacle in a public park or park area.
5. Disposal of animal waste in storm drains is prohibited.
6. Disposal of animal waste in public compost is prohibited.
7. The provisions of this Section shall not apply to the ownership or use of any properly
identified service animals, animals when used for police activities, or tracking
animals when used by or with the permission of the appropriate authorities.
8. Any Compliance Official, Code Enforcement Officer, Animal Control Officer or an
agent designated by the City Manager should be responsible for issuing the
citations.
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M
Legend
City Boundaries
Shoreland Areas
Mississippi River Corridor Critical
Area (MRCCA) Districts
District Description (District Code)
River Neighborhood District
(CA-RN)
Separated from River District
(CA-SR)
Water
Zoning Districts
R1 : Low Density Residential
R2 : Medium Low Density
Residential
R3 : Medium Density
Residential
R4 : Medium High Density
Residential
R5 : High Density Residential
MX-N1 : Neighborhood Mixed-
Use
MX-N2 : Neighborhood Mixed-
Use
MX-B : Business Mixed Use
I : General Industrial
MX-C : Commercial Mixed-Use
C : Commerce - Service/Office
TOD : Transit Oriented
Development
O : Public Open Space
PUD/C1 : Planned Unit
Development/Commercial 1
PUD/C2 : Planned Unit
Development/Commercial 2
PUD/C1A : Planned Unit
Development/Office-Service
PUD/I1 : Planned Unit
Development/Industrial 1
PUD/R1 : Planned Unit
Development/Residential 1
PUD/R3 : Planned Unit
Development/Residential 3
PUD/MX-C : Planned Unit
Development/Commercial
Mixed-Use
PUD/MX-B : Planned Unit
Development/Business Mixed
Use
PUDMIXED : Planned Unit
Development/Mixed
PUD/TOD : Planned Unit
Development/Transit Oriented
Development
0 1
Miles
Source: MnGeo, Hennepin County
!I
Brooklyn Center Zoning Map
Brooklyn Center, MN
Shoreland and MRCCA Areas
March 2023
Page 12 of 12