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HomeMy WebLinkAbout1701ORDINANCE NO. 1701 AN ORDINANCE AMENDING CHAPTER 5.607 OF THE CITY CODE OF 2005 TO AMEND: The City of Columbia Heights does ordain: Section 1 § 5.607 PET SHOPS AND COMMERCIAL KENNELS. (A) Policy. The City Council finds that in accordance with the power granted to it by Minnesota Statutes Section 412.221, Subdivision 21 to regulate the keeping of animals, and to protect the health, safety, and welfare of the community, it is appropriate to adopt the regulations set forth below regarding the sale of dogs and cats at pet stores. No person shall operate a pet shop or commercial kennel without a license issued pursuant to the provisions of this chapter. All such operations shall comply with the requirements of the zoning ordinance. (B) For the purpose of this chapter the following definitions shall apply: ANIMAL CONTROL AUTHORITY. Any governmental entity which is responsible for animal control operations in its jurisdiction. ANIMAL RESCUE ORGANIZATION. Any non -for -profit organization which has tax-exempt status under Section 501 (c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue of animals and the placement of those animals in permanent homes, and which does not breed animals. ANIMAL SHELTER. Any not -for -profit organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, which (1) accepts animals into a physical facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted, or surrendered animals; (3) places animals in permanent homes or with animal rescue organizations; and (4) does not breed animals. CAT. A mammal that is wholly or in part of the species Felis domesticus. CERTIFICATE OF SOURCE. A document from an animal control authority, animal rescue organization, or animal shelter which shall provide a brief description of the dog or cat, and shall list the name, address, and telephone number of the source (animal control authority, animal rescue organizations, or animal shelter) of the dog or cat. DOG. A mammal that is wholly or in part of the species Canis familiaris. KENNELS. A place where three or more animals are kept for the business of boarding for a fee intended primarily for profit -making purposes except for an animal hospital, pet shop or veterinary clinic. PETSHOP. Any retail establishment, or operator thereof, which displays, sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers companion animals in the City of Columbia Heights. This definition does not apply to animal control authorities, animal shelters, animal rescue organizations, or kennels for boarding purposes. PET STORE OPERATOR. A person or business entity who owns or operates a pet store. (C) No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space to such entities to showcase adoptable dogs and cats inside pet stores. Such animals shall not be younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept overnight at a pet store. Ordinance No.1701 City of Columbia Heights - Ordinance Page 2 1. A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog's or cat's kennel, cage or enclosure and adhere to the following procedures: a. A Certificate of Source shall be provided to the adopter of any dog or cat. b. Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store. c. Pet stores shall make Certificate of Source immediately available for review upon the request of a peace officer or animal control authority, or a humane agent pursuant to Minnesota Statutes section 343.06 acting on behalf of the City. d. Falsification of a Certificate of Source shall be deemed a violation of this section. (D) The City Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes relating to animal abuse or animal cruelty. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the City Council to be grounds for denial of the license application or revocation or suspension of any existing license. (E) No kennel licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, pet shops and veterinary hospitals/clinics are excluded from these restrictions. (F) (1) The expiration date of licenses addressed in this section shall expire on December 31 of each year. Applications for renewal shall be made a minimum of 30 days prior to expiration of the current license. No license issued under the terms of this section shall be transferable between persons or premises. (2) The Humane Officer shall conduct an inspection prior to the issuance of the license and shall recommend to the City Council whether or not to renew the license without full compliance to the requirements of this section. (G) Kennels and pet shops shall be kept in a clean and healthful condition at all times and shall be open to inspection by any person charged with the enforcement of this section. All pet shops and kennels shall be maintained in accordance with current standards of the Pet Industry Joint Advisory Council (PIJAC). A licensee shall be responsible for all actions and conduct of any employee or agent of the licensee and any violation of this section by an employee or agent shall be deemed to be actions and conduct of the licensee. The copy of the current standards of the PIJAC shall be provided by the owner/license holder for employees to use as a reference manual. Licensees and all employees shall have an understanding of the animal care statutes set by the State of Minnesota and Pet Industry Joint Advisory Council. _(H) A violation of this section shall constitute an Administrative Offense under Section 5.701 of the City Code and subject the Pet Store Operator to the procedures and penalties contained therein. Section 2 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: August 26, 2024 Buesgens Jacobs All Ayes Second Reading: September 9, 2024 Offered by: Jacobs City of Columbia Heights - Ordinance Seconded by: Buesgens Roll Call: All Ayes Date of Passage: September 9, 2024 Ama a Marquez Simula, ayor Attest: ara Ion, City Clerk/Council Secretary Page 3 SUMMARY OF ORDINANCE NO. 1701 BEING AN ORDINANCE AMENDING CHAPTER 5.607 OF THE CITY CODE OF 2005 TO AMEND PET SHOPS AND COMMERCIAL KENNELS. The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1701 on September 9, 2024. The purpose of this ordinance is to update, upon passage, Chapter 5.607 of Columbia Heights City Code — Pet Shops and Commercial Kennels. These updates include the introduction of a policy section identifying the Minnesota Statutes Section 412.221, Subdivision 21 allowing City Council to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Also included are updated definitions, a process for requiring a Certificate of Source, and violation language. This is a summary of Ordinance No. 1701. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov C�' IA gj AMal&kl� i I-,- '-;G da Marq Simula, 9by6f Attest: ara Ion, City Clerk/Council Secretary Ordinance No.1701 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF ANOKA I do solemly swear that the notice, as per the proof, was published in the edition of the BSLP Col Hght Frid Life with the known office of issue being located in the county of: ANOKA with additional circulation in the counties of: RAMSEY and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/13/2024 and the last insertion being on 09/13/2024. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper(s known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper(s circulation is in the latter county/ I By: Agent Subscribed and sworn to or affirmed before me on 09/13/2024 Notary Public .cam ..... Darlene Marie MacPherson Notary Public '. Minnesota ;tom My Commission Expires 113112029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF COLUMBIA HEIGHTS SUMMARY OF ORDINANCE NO. 1701 BEING AN ORDINANCE AMENDING CHAPTER 5.607 OF THE CITY CODE OF 2005 TO AMEND PET SHOPS AND COMMERCIAL KENNELS. The City Council for the City of Columbia Heights, Minnesota ad- opted Ordinance No. 1701 on Sep- tember 9, 2024. The purpose of this ordinance is to update, upon passage, Chapter 5.607 of Columbia Heights City Code — Pet Shops and Commercial Kennels. These updates include the introduction of a policy section identifying the Minnesota Statutes Section 412.221, Subdivision 21 al- lowing City Council to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Also included are updated definitions, a process for requiring a Certificate of Source, and violation language. This is a summary of Ordinance No. 1701. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by stan- dard or electronic mail, or at www. columbiaheightsmn.gov Amada Marquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary Published in The Life September 13, 2024 1420569 Ad ID 1420569