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HomeMy WebLinkAboutOrd. 207 - Horses CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 207 AN ORDINANCE REGULATING THE KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER The City Council of the City of Andover hereby ordains: Section 1. Purpose. The purpose and intent of this ordinance is to allow equines in residential zoned districts and to ensure proper handling, care, and treatment of equines. Section 2. Definitions. Equine any ass, burrow, donkey, foal, gelding, horse, mare, mule, pony and stallion. Foal an equine which has not reached the age of one (1) year. Parcel is a designated lot, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. Public Hearing a meeting announced and advertised in advance and open to the public, with the public given an opportunity to speak and participate. Public Hearing Notice an advertisement of a public hearing in the City's official newspaper, and through other media sources, indicating the time, place and nature of the public hearing. Public Property land owned or operated by municipal, school district, county, state or other governmental units. Rear Yard is the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Structure anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground and meets Uniform Building Code requirements. Section 3. Acreage Requirements. The following chart prescribes the number of equines that can be maintained on residential zoned parcels of land as shown: Acreage Number of Equines Permitted Less than 2.5 acres 2.5 acres but less than 3 acres 3 acres but less than 3.5 acres 3.5 acres but less than 4 acres 4 acres but less than 4.5 acres 4.5 acres butless than 5 .acres.. 5 acres or more o equines (none permitted) 1 to 3 equines 1 to 4 equines 1 to 5 equines 1 to 6 equines 1 to 7 equines No more than 3 equines per acre Any foal under the age of one (1) year is not considered to be a permanent part of the equine count and does not affect the number of equines permitted as established in the chart above. Section 4. Sketch DrawiJlg Required. Prior to maintaining and. boarding an equine or equines on any parcel of land between two and one-half (2 1/2) and five (5) acres, the property owner shall provide a sketch drawing to the Planning and Zoning Department. The required sketch drawing information shall include the following: 1. Name and address of the fee owner of the subject property where the equine(s) are to be maintained and the name and address of occupant of subject property. 2. Legal description of subject property. 3. Acreage of subject property and area enclosed by corral and/or fence. 4. The number of equines to be maintained on subject property. 5. Sketch drawing showing, to scale: a) Location of all buildings on subject property; b) Location and area of said fence or corral on subject property; c) Location and distance from subject property of all adjacent 2 property's buildings; and d) Area on subject property where manure will be stored. Section 5. Fencing and Corral Requirements. On parcels of land maintaining equines, there shall be thereon a secure fence or corral enclosing at least eight hundred (800) square feet of land per equine. Said fence or corral shall be located no closer than fifty (50) feet from any residence and shall be of sufficient height and strength to retain such equines. Fencing materials and type to be approved by the Equestrian Council. Section 6. Shelter Requirements. On parcels of land maintaining equines, there shall be a shelter or covered structure to protect the equines from the elements of weather. Said shelter or structure shall have a minimurn roof size and living area of eighty (80) square feet per equine to protect the equine from direct rays of the sun when temperatures exceed ninety-five (95) degrees Fahrenheit, be structurally sound, free of injurious matter, maintained in good repair and ventilated. Said structure shall be no closer than one hundred (100) feet from the habitable portion of any dwelling and fifty (50) feet from abutting property lines. The separation between the shelter or structure and the well shall be as established by State Health Codes (23D, 5-07-91). Section 7. Yard Restrictions. No equines shall be maintained, except in the rear yard, for parcels ofland three (3) acres or less, without review by the Equestrian Council and approval by the City Council. Section 8. Manure Management, Insect and Rodent Control. Manure shall be handled or treated in such a manner so as not to create a public nuisance and shall be conducted in the rear yard only. Accumulations of manure shall not be allowed in the front and side yards. Corrals, pens, stables or similar enclosures shall be maintained in a manner to minimize fly breeding and rodent infestation. Accumulations of equine manure on any public right-of-way, sidewalk or alley shall not be permitted, and the equine owner shall be responsible to abate such nuisances. Section 9. Care and Maintenance of Equines. Proper care and maintenance of each equine shall be the responsibility of the person, firm or corporation designated as the owner, caretaker or custodian of such equine. No equine shall be treated cruelly or inhumanely by any person or in violation of the State law. 3 Section 10. Control. Trespass and Public Rights-of Ways. 1. No person, shall permit any equine to run at large within the City when it is off the premises owned or rented by its owner and unaccompanied by the owner, or an agent or employee of the owner. The City Administrator or its designee of the City may impound any equine found at large and shall provide proper sustenance for any impounded equine. The City Administrator or its designee shall within twenty-four (24) hours after such equine has been impounded, post written notice at City Hall describing such equine and stating that it has been impounded. Notification shall be given to the Equestrian Council. Costs incurred by the City for impounding a equine shall be paid by the equine owner to the City prior to releasing the equine. An impounded equine shall be released only to a person providing proof of ownership and displaying a receipt from the City Clerk showing payment of the reasonable costs of impounding, housing, feeding, and veterinarian care. In the event a equine impounded by the City is not redeemed within fourteen (14) calendar days, the City Administrator or its designee shall give an additional three (3) days notice of the time and place where such equine will be sold by posting notice at City Hall. . If such equine cannot be sold on the day stated, it may be sold as soon as possible thereafter without notice. The proceeds from such sale shall be deposited in the City's general fund. 2. No person may ride or drive an equine after the hour of sunset and before the hour of sunrise along or crossing any public right-of-way without appropriate lighting or reflectorized clothing. 3. No person shall ride or drive an equine in any public park, beach, school yard or public property except within the right-of-way of public streets and highways and in such areas duly designated as a trail way or hitching area. 4. No person shall ride or drive any equine upon private property without the prior permission of the owner or owners or occupant thereof. 5. No person shall interfere with any equine being ridden, driven or kept in a lawful manner. 4 Section 11. Equestrian Council. The City Council hereby authorizes the establishment of an Equestrian Council to assist the Planning and Zoning Department, to resolve and investigate complaints from those aggrieved by equines, to advise equine owners against whom complaints have been lodged, and to recommend to the City Council appropriate action. The Equestrian Council shall consist of seven (7) members whom are residents of the City. Members shall include when possible, a representative of a equine-oriented association or club and a veterinarian. Members of the Equestrian Council are appointed by City Council and three (3) members shall serve a one (1) year term and four (4) members shall serve a two (2) year term. Each succeeding term shall be for two (2) years. Any member is eligible for reappointment at the end of their term. Section 12. Permit Required. No person, firm or corporation will keep, stable or maintain equines within the City on parcels ofland less than five (5) acres without obtaining an application for a permit from the City. Each application shall include a sketch drawing as stated in Section 4. The Equestrian Council will review such application and shall make final determination (approval or denial) of the permit. The Equestrian Council shall inspect the premises to assure compliance with the standards and regulations of this ordinance prior to a permit being issued. The permit (if issued) will be of indefinite duration, but is subject to revocation. Section 13. Permit Rev.ocation. All requests by residents or staff seeking revocation of a permit for equines shall be made in writing to the City Clerk. The City Clerk shall refer the request to the Planning and Zoning Department. A staff report will be prepared and discussed at a City Council meeting within thirty (30) days the written request was received. All property owners and occupants within three hundred and fifty (350) feet of the property in question will be notified by mail at least ten (10) days prior to the City Council meeting. Failure of any property owner(s) or occupant(s) to receive such public hearing notice shall not invalidate such proceedings. At such public hearing, the City Council shall determine whether revocation of the permit for equines is warranted and shall issue written Findings of Fact, Conclusions of Law and an Order pertinent to revocation. The Findings of Fact, Conclusions of Law, and an Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. 5 Section 14. Sunset Clause. The City Administrator or its duly appointed official may inspect the property nine (9) months after the permit was granted and approved to determine that the property is in compliance with the provisions of this ordinance. If attempts have not been made to comply with the provisions of this ordinance one (1) year after the permit was issued, the permit will be declared null and void. Section 15. Severability. If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that any. one or more sections, subsections, clauses or phrases be declared unconstitutional (23D; 5~07 ~ 91). Section 16. Variances. Variances from the literal provisions of this ordinance shall be processed. and granted or denied in the same manner and based on the same criteria as stated in the Zoning Ordinance. Section 17. Grandparenting. Any use or structure constructed prior to May 7, 1991 for the purpose of sheltering equines may be continued at the size and in the manner of operation (23D, 5-07-91). Section 18. Validity and Effective Date. This ordinance shall be effective from and after its passage and publication. 6 Adopted by the City Council of the City of Andover on 1bis lath day of Mm:cl1, 1997. ATTEST: CITY OF ANDOVER Lt-~ ;)$ Victoria V oIk, City Clerk 7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 207 SUMMARY AN ORDINANCE REGULATING THE KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The City finds it necessary to adopt an ordinance that regulates the keeping of equines in residential zoned districts in the City of Andover. The City also finds it necessary to require a permit for all property owners who have equines on parcels of land less than five (5) acres. This permit is necessary to assure compliance with the requirements of the ordinance relating to acreage, fencing and corral, shelter, yard and manure management. By authorizing the establishment of an Equestrian Council, this advisory board will investigate equine complaints and ensure the proper handling and care of equines. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement A Minnesota certified Building Official shall be appointed by the City of Andover to administer the code (Minnesota Statute 16B.65). Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this b! day of Awil, 1997. ATTEST: CITY OF ANDOVER ~d~/ Victoria V olk, City Clerk C- . E. McKelvey, Mayor APPLICATION FOR EQUINE PERMIT (Parcels ofland less than five [5] acres) Applicant Name: Phone Number: Date: Address (where equines will be maintained): Property Owner's Address (if different from above): Quantity of Equines: Number of Acres where equines will be maintained: Location and Size of Corral: Type/Materials of Fencing: Please attach legal description of property where equines will be maintained. Notes: 8 Please attach Sketch Drawing showing the following: 1. Location of all buildings on subject property. 2. Location of we II. 3. Fenced in horse pasture area. 4. Location and distance from subject property of all adjacent property's buildings. 5. Area on subject property where manure will be stored. Notes: Comments by Equestrian Council: Reviewed by: Equestrian Council Approved by: Equestrian Council Chairperson 9