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Home My WebLink About1991-07 05-13 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of May 19 91 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 1 regarding animals. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 91 -07 AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. 4. ADDlication for (Private Kennel License orl Commercial Kennel License. a. Initial application for [a private kennel license or] 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. [5.] Hearine 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 [private kennel license and] 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. [6.] Council ADDroval. The City Council may approve the [private kennel license or] 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 private kennel license or] a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would ORDINANCE NO. 91 -07 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. [7.] Renewal of License. A copy of the [private kennel license or] commercial kennel license shall be forwarded to the [Director of Planning and Inspection] Citv 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. [8.] 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 [Director of Planning and Inspection] Citv 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. 5. Application for Private Kennel License. a. Initial application for a Drivate kennel license shall be made to the Citv Clerk. The application shall state the name and address of the applicant. the DroDerty 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. Proof of current rabies vaccination and Citv dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a Drivate kennel license. the Citv Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location, The failure of anv owner to receive such notice shall not invalidate the Droceedings. b. Consideration Process. A Drivate 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 Citv Manager on the adeauacv thereof. Within fourteen (14) days after the notice of application is mailed to area DroDerty owners. the Citv Manager or the Citv Manager's designee shall review the Public Health Sanitarian's report. consider written comments by the applicant and anv other affected Dersons. and either aDDrove or denv the application. Within fourteen (14) days after the notice of the Citv Manager's decision is mailed to area DroDerty owners. the owner or anv ORDINANCE NO. 91 -07 other affected person then may reauest a hearing before the Citv Council to show cause why the decision should be changed. A written reauest for the hearing must be received by the Citv Manager within such fourteen (14) days. Following the Dublic hearing. the Citv Council shall render a final decision reversing. affirming, or amending the decision of the Citv Manager. c. Standards for ADDroval. The Citv Manager may aDDrove the Drivate kennel license and may attach to such approval anv conditions necessary to insure compliance with this ordinance. with Chapter 19 of the Citv Ordinances. and anv other condition necessary to Drotect the health. safetv. welfare. and DroDerty values in the immediate area. The Citv Manager may denv a private kennel license upon finding that the establishment of the kennel would constitute a Dublic nuisance or would adverselv affect the health. safety. welfare or DroDerty values of the Derson residing. living. or owning property within the immediate area. The form of aDDroval for a license shall be a memorandum of aDDroval from the Citv Manager outlining anv necessary to insure compliance. d. Renewal of License. A coDv of the Drivate kennel license shall be forwarded to the Citv Clerk who shall maintain a register of kennel licenses. Subiect to anv time limitation set by the Citv Manager. the license shall be valid for a period of one vear and until October 1 of the then current calendar year and shall be renewable on October 1 of each vear thereafter by the Citv Clerk upon Davment 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 vear. In the event that no revocation of the license is made or contemplated by the Citv Manager, 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 Citv Council by the Citv Clerk and the Citv Council may direct the aDDlicant to aDDear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance. Chapter 19 of the Brooklvn Center Ordinances. or anv condition imposed at the time of issuance. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication Adopted this 13th day of Mav 19 91 ATTEST: Dxlyl i no Adyor Deput y Clerk Date of Publication May 1, 1991 Effective Date Ma 30, .199.1 (Brackets indicate matter to be deleted, underline indicates new matter.)