North Branch, Minnesota

Sec 6-2Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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Kennel, Commercial means any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling, or boarding dogs, cats or animals.

Sec 6-40Kennel License

1. License. Every person, group of persons, or corporation engaged in commercial business of buying, selling, breeding, and/or boarding dogs, cats and/or rabbits, or who owns, harbors, or keeps four or more dogs, cats and/or rabbits in a kennel shall obtain a kennel license. Kennel licenses are non-transferable.

2. Kennel license fee. The city council from time to time will establish the fee for issuance of an annual kennel license. The City of North Branch shall issue a kennel license after all applicable city zoning provisions and the conditions set forth below have been met and approved and the requirements set forth in Minn. Stats. §§ 347.30—347.40 have been complied with. Kennel licenses shall expire annually on December 31.

3. Kennel license application. Applications for licenses may be made no later than November 1 for the following calendar year. Late applications shall be subject to a late application penalty to be collected with the regular license fee. If the kennel did not become subject to the licensing requirement until after the start of the licensing term, then no penalty shall be assessed if application for a kennel license is made 30 days after becoming subject to licensing. Complete applications shall be reviewed and approved or denied within 60 days of the date of submittal. Annual licenses are valid from the time they are issued until December 31 each year. The application and Operational Plan must be complete in order for the Planning Agency to accept and review the application. Prior to administrative approval, the North Branch Police Department may conduct a criminal background check of the applicant and property owner. All new and renewal license applications shall be subject to a 30 day notice and public comment period in which all property owners within 350 feet of the facility property lines will receive notice of the application for a new license or a renewal and given 30 days to submit comments for City consideration.

4. Kennel License Operating Plan. An Operating Plan shall be submitted the application and it shall include the following:

a. Name of Kennel Operator(s), address, phone number, signature, and date of signature.

b. Name of property owner(s), address, phone number, signature, and date of signature.

c. Address of property to be used for kennel (if different than above).

d. Name of business.

e. Site Plan, to include:

i. Property acreage, location and approximate acreage or dimensions of kennel area and runs.

ii. Distance between kennel, exercise area and property line.

iii. Customer parking area, if applicable.

iv. Waste Disposal area (i.e. waste bin, spreading area, etc).

v. Location of all structures on property and distance to kennel area.

vi. Location of well and septic system

f. Total number and breed(s) of dogs, cats and/or rabbits over six months of age to be permanently housed on property.

g. Number of dogs, cats and/or rabbits over six months of age to be temporarily (boarded) on property.

h. Number of unsterilized female dogs, cats and/or rabbits to be housed on property for the purposes of breeding.

i. Number of kennel employees, full and part time (including owner/operator), and the approximate months, days and time periods per week employees will be overseeing kennel operations.

j. Ratio of dogs, cats and/or rabbits to employees (full-time equivalent).

k. Waste disposal plan, to include a copy of a contact with the waste hauler who will be “specifically” removing animal waste.

l. Proposed signage and location (maximum of one (1) non-illuminated sign not to exceed 12 sq ft located on the premises).

5. General Requirements.

a. Commercial Kennels may only operate in the Agricultural, Rural Residential, Commercial, and Industrial zoning districts as provided in the City of North Branch Zoning Code and meeting any other requirements imposed by law.

b. The licensee shall at all times remain compliant with all applicable local, state and/or federal laws, rules and/ or regulations. Any violation of any applicable local, state and/ or federal laws, rules and or regulations, shall result in the immediate revocation of the license.

c. No more than forty (40) dogs, cats and/or rabbits over six months of age may be kept on the private and or commercial kennel property, including no more than ten (10) unsterilized female dogs, cats and/or rabbits over six months of age.

6. Location and Kennel Structure

a. Kennels must be located on a minimum of two and one half (2 ½) acres unless located within the Commercial or Industrial Zoning Districts.

b. Kennels or shelters and dog runs may not be located within 500′ of a pre-existing residence except that of the kennel owner.

c. Kennels may require a building permit if over 120 sq ft in size, and must comply with building setbacks within the applicable zoning, floodplain and shoreland districts.

d. Dogs, cats and/or rabbits must be confined or under direct control of the kennel operator or staff at all times. Outdoor commercial kennel areas shall be fenced. Fencing shall consist of durable materials, with a minimum height of six (6) feet, and shall deter dogs, cats and/or rabbits from escaping over, under, or through the fence.

e. All-weather kennels or shelters and animal runs or enclosed exercise areas shall be provided for all animals and shall be adequately sized for the particular breed.

f. The owner and/or operator of the Private or Commercial Kennel shall operate the kennel so as to not unreasonably disturb the peace and quiet of any person.

7. License Inspection and Enforcement. The City of North Branch Code Enforcement Officer shall inspect Commercial Kennels at least annually, with or without notice.

Sec 6-47Adoption

Any dog impounded under the provisions of this division and not reclaimed by its owner within five business days, may be adopted or placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this division and such other regulations as shall be fixed by the city council; provided, however, if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with. No unspayed female dog which has been impounded because of its being astray shall be allowed to be adopted from the animal shelter only if the prospective owner shall agree to have such female spayed, or the humane society agrees to do so, and said prospective owner shall present to the animal control officer within ten days after such adoption a certificate from a veterinarian attesting that such dog has been spayed.