Spay/Neuter

Rochester, Minnesota

Sec. 3-1-1. – Definitions.

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

[…]

Breeder means any person who raises litters of animals from birth through weaning with the intention of doing so as a business for profit.

Sec. 3-1-3. – Ownership limits.

(a) No person shall keep nine or more multiple animals over the age of six months within any household in the city. The term “multiple animals” means two or more cats, dogs or ferrets. Notwithstanding any provision to the contrary, no person shall keep six or more dogs over the age of six months within any household in the city. These limits do not apply if a breeder’s permit is applied for and issued pursuant to section 3-1-18. For the purposes of this section, the term “household” refers to a single-family residence or single unit of a town home, condominium, apartment or comparable structure which is rented, leased or used as a single unit. This section shall not be construed to limit the ability of apartment managers, landlords, town home associations or other representatives of property owners to impose greater restrictions.

[…]

(e) Persons who are not defined as breeders as set forth by section 3-1-1 may breed any cat, dog or ferret and raise litters. The total number of cats, dogs or ferrets kept within the household must be reduced to the limits established in this section within six months of birth.

Sec. 3-1-18. – Animal breeders.

(a) Permit required. No person, business, corporation or other entity may breed, whelp or raise dogs or cats for profit or sale within the city unless the person, business, corporation or other entity has obtained a breeder’s permit from the city.

(b) Application for breeder’s permit. Anyone making application for a breeder’s permit must provide the following information to the office of the city clerk: applicant’s name, applicant’s address, address of the location of where the breeding, whelping or raising will occur, the types and breeds of animals concerned and the numbers of adult animals to be kept for breeding purposes. The applicant must also demonstrate that the location where the breeding, whelping or raising will occur is suitably zoned for such activity or must obtain a variance from the city council.

(c) Approval of permit. After application for a breeder’s permit has been made, a copy of the application shall be forwarded to the animal control unit. The animal control unit will inspect the facility to ensure that it is suitable for its intended purpose. The breeder’s permit will be issued by the city clerk’s office after the facility described in the application has been inspected and approved by the animal control unit and after the applicant has paid the permit fee. The fee for a breeder’s permit shall be set by resolution of the city council.

(d) Permit duration. A breeder’s permit, once issued, will expire on January 31 of the second January after the issue date. The fee will be prorated at the rate of 1/12 of the annual fee for each of the remaining months of the year when the breeder’s permit is purchased.

(e) Inspection of premises after issuance of permit. Any animal control officer, police officer, building inspector or other agent of the city may inspect any premises licensed under this section at any reasonable time, with or without prior notice, to determine whether or not conditions of the premises are maintained in a proper manner.

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