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Home My WebLink About1991-07 05-01 AP CITY OF BROOKLYN EENTER Notice is hereby given a public hearing will be held on the May, 1991, at POST PUBLICATIONS 7:30 p at Clty Ha Sh,ngte Creek Parkway, :ani ?o consider aft :amendment to Chapter 1 re ar in `m 9 d g als. Auxiliary aids for handicapped Persons are AFFIDAVIT OF PUBLICATION ailable upon request at P q least hours in lance.. Please notify the personnel, coor- rator at- 569 -3300 to make arrangements. ORDINANCE NO._ AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING STATE OF MINNESOTA ANIMALS SS. THE CITY COUNCIL OF THE CITY OF COUNTY OF HENNEPIN BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section ,1. Chapter 1 of the City Ordi- nancesof, StM City of Brooklyn Center is hereby amended in The following manner: Section A -105. APPLICATION PRO CEDUtES AND ISSUANCE OF LICENSES. 4. Application for [Private Kennel License t, or] Commercial Kennel License. W alter D Roach a. Initial application for to private .being duly sworn, on oath says that he is the Publisher or authorized kennel license or] a commercial kennel PQ S tTY e W S license shall be made to the City Clerk. agent and employee of the publisher of the newspaper known as the The application shall state the name and and has full knowledge of the facts which are stated below: address of the applicant, the property .address or legal description of the pro- (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as posed kennel location, a sketch or draw- provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. ing of the proposed kennel describing construction, operation, and the approx- imate number of animals to be confined Ordinance N amend Chapter I therein, together with their age, breed, (8) The printed and sex, and together with the applicable (5.1 Hearing animals b. (5,] Hearing Required.. A commer- cial 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 which is attached was cut from the columns of said newspaper, and was printed and published once a week, for thereof. Applications for [private kennel license and] commercial kennel license vi ednesday I St shall be placed on the agenda of the City successive weeks; it was first published on the day of Council for a Public hearing at the regu- lar City Council meeting next following aS,, 14 days after the application is received. J Not less than seven (7) days before the .19 9 1 and was thereafter printed and published on every date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property to and including the day of 19 within 150 feet of The proposed kennel and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- location. The failure of any owner to ing the size and kind of type used in the composition and publication of the notice: receive such notice shall not invalidate theproceedings. abcdefghijkimnopgrstuvwxyz c. [6.1 Council Approval. The City Council may approve the [Private ken- nel license commercial .kennel license and may attach to such approval any conditions necessary to insure com- pliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, BY: safety, welfare, and property values in the immediate area. The City Council t may deny [a private kennel license or] General Manager a commercial kennel license upon find- TITLE: ing That the establishment of the kennel would constitute a Public nuisance, or Acknowledged before me on would adversely affect the health, safe- ty, welfare or property values of the 2nd M a y Person residing, living, or owning prop- J y erty' within- the immediate area. The this day of 19 form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the A applicant. t 4% f d. [7.1 Renewal of License. A copy of Notary Public the ,[private kennel license or] .com mercial kennel license shall be forward- ed to the [Director of Planning and In- CR0DA spection] City Clerk who shad rnaintain a register of kennel licenses: Sub]ect to QTY any time limitation set by' the City Con= a cil, the license shall be val)d 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 pay RATE INFORMATION ment of a renewal license fee set forth by city Council resolution, only in the event (1) Lowest classified rate paid by commercial users for com- 1 70 no complaint regarding the kennel's parable space. (Line) operation has been received during the license year.. In the event that no revocation of the license. is made or (2) Maximum rate allowed bylaw for the above matter. contemplated by the City. Council, ,the (Line) license shall be renewable as set forth in G this subdivision, L'2 (3) Rate actually charged for the above matter. S e. [8.] License Revocation. In the (Line) 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) City Clerk and the City Council may direct the applicant to appear to show Q cause why the license should not be l 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 is- suance. r s. Application for Private Kennel License. a. Initial application for a private ken- nel 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 proposded kennel location, a sketch or drawing of the proposed kennel describ- ing construction, operation, and approx- imate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application 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. o.' Consideration Process. A private kennel license application shalt be refer- red to the Public Health Sanitarian who shall review the kennel design and opera- tion and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to aPea property owners, the City Manager or .the City Manager's designee shall review the Public Health Sanitarian's report, con- sider written comments by the applicant and any other affected persons, and ei- ther approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be chang- ed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirm- ing, or amending the decision of the City Manager. c. Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure com- pliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values m the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the ken- nel 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 a memo- randum of approval from the City Man- ager outlining any conditions necessary 'o insure compliance. Renewal of License. A copy of the private 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 Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year 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 reso- lution, only in the event no complaint re- garding 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 Man ager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City of- ficials, 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 Ordi- nances, or any condition imposed at the time of issuance. Sectioh 2. This ordinance shall become ef- fective after adoption and upon thirty (30) daysfollowing its legal publication. Adopted this day of Mayor Attest: Clerk Date of Publciation Effective Daty (Brackets indicate matter to be deleted, boldface indicates new matter.) (Pub. PostNews May 1, 1991.)