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Public notices, Aug. 12, 2012

August 12, 2012
The Journal

PUBLISH

(August 12, 2012)

ORDINANCE NO.

12-101, FOURTH

SERIES CITY OF

NEW ULM,

BROWN COUNTY,

MINNESOTA

ORDINANCE

AMENDING SEC-

TION 8.29 OF THE

CITY CODE OF THE

CITY OF NEW ULM

RELATIVE TO KEEP-

ING ANIMALS.

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That Sec-

tion 8.29 of the City

Code of the City of

New Ulm is hereby

amended to read as

follows:

Section 8.29. An-

imals - keeping, tran-

sporting, treatment,

housing.

Subdivision 1. Defin-

itions. As used in this

section, the following

definitions shall apply:

A. The term "farm

animals" means cattle,

horses, mules, sheep,

goats, deer swine,

ponies, ducks, geese,

turkeys, chickens,

guinea fowl, pea fowl,

pigeons, and honey

bees.

B. The term "animals"

includes farm animals

and all other animals,

reptiles, and feathered

birds or fowl.

Subd. 2. Keeping. It

is unlawful for any per-

son to keep or harbor

any animal, not in tran-

sit, expect:

A. domesticated an-

imals commonly ac-

cepted as household

pets such as dogs,

cats, gerbils, ham-

sters, guinea pigs, rab-

bits, ferrets, fish,

non-venomous rep-

tiles, frogs, toads,

newts, salamanders,

turtles, and caged

birds, if kept as pets

or for non-commercial

purposes; or

B. farm animals kept

in that portion of the

City zoned for agricul-

tural purposes; or,

C. animals kept for

display, exhibition, per-

formance, or contest

at the Brown County

Fairgrounds; or as part

of a show licensed

under the City Code;

or for exhibition or

demonstration to

school children or the

general public; provid-

ed that the time period

for keeping such an-

imals within the City

shall not exceed 24

hours more than the

length of the fair,

show, exhibition, or

other event for which

the animals are kept;

or,

D. animals used in a

parade for which a per-

mit has been issued

under the City Code;

or,

E. animals kept in a la-

boratory for scientific

purposes; or,

F. animals kept in an

animal hospital or clin-

ic for treatment by a

licensed veterinarian;

or,

G. animals kept for

wholesale or retail sale

in a business estab-

lishment located in a

zoning area in which

such sales are a per-

mitted use; or,

H. sheep for the pur-

pose of controlling

vegetation in an I-2

General Industrial Dis-

trict, provided that the

owner or person in

control of the premises

holds a valid permit

from the City to keep

sheep, which shall be

specific to the permit-

ted premises; and pro-

vided that the owner or

person in control of the

permitted premises at

all times maintains a

fence around the entire

perimeter of the per-

mitted premises, such

fence to be doublegat-

ed at all openings and

of sufficient height and

strength to prevent

movement by the

sheep outside the

premises; or,

I. animals that the

owner can conclusive-

ly establish were kept

within the City by the

same owner on Janu-

ary 1, 2012 and con-

tinuously for at least

six months prior to

that date, provided

that the owner applies

for and is granted a

permit by the City

Council in accordance

with this paragraph.

1. The City Council

shall establish ap-

propriate guidelines

and procedures for the

granting of such per-

mits, and may amend

the same as it deems

appropriate.

2. A permit fee may be

established by the City

Council to defray the

costs of processing

applications, perform-

ing inspections, and

other administrative

activities related to

granting such permits

and monitoring permit-

ted activities.

3. No permit shall be

granted until after pub-

lic hearing, published

notice of which has

been given at least 10

days prior to the hear-

ing and mailed notice

of which has been

given to all owners of

real property located

within 350 feet of the

real property on which

the animal is to be

kept.

4. No permit shall be

granted for an animal

which, either specific

to the individual animal

or general to its breed,

is deemed by the City

Council to be

dangerous, or that is

deemed to pose an un-

reasonable threat of

damage or injury to

persons, property, or

other animals.

5. The City Council

may make the granting

or continuation of a

permit conditional upon

meeting and maintain-

ing specified criteria,

or performing or re-

fraining from specified

actions, and a determi-

nation by the City

Council that a permit

holder has failed to

meet or adhere to the

stated conditions shall

be grounds for denial

or revocation of the

permit. Conditions of a

permit may relate to:

health of the animal;

housing and treatment

of the animal; physical

containment and

space requirements;

waste disposal; control

of noise, odor, vermin,

and other potential nui-

sance factors; safety

of neighbors and the

community; insurance

and mitigation of dam-

age risks; and any oth-

er factors influencing

the well-being of the

animal and/or the

minimization of distur-

bance, nuisance, in-

convenience, damage,

and injury to persons

and property.

6. A permit automati-

cally expires upon the

death of the animal or

the absence of the an-

imal for 365 days from

the location at which it

was primarily kept on

the date the permit

was granted.

Subd. 3. Animals in

transit. It is unlawful

for any person to tran-

sport animals unless

the are:

A. confined within a

vehicle, cage, or other

means of conveyance;

or,

B. farm animals being

transported in a portion

of the City zoned for

agricultural purposes;

or,

C. restrained by

means of bridles,

halters, ropes, or other

means of individual

restraint.

Subd. 4. Treatment.

It is unlawful for any

person to treat an an-

imal in a cruel or in-

humane manner.

Subd. 5. Housing. It

is unlawful for any per-

son to keep any an-

imal in any structure

infested by rodents,

vermin, flies or in-

sects.

Subd 6. Trespasses.

It is unlawful for any

person to herd, drive,

or ride any animal over

and upon any private

property, or over and

upon any public pro-

perty other than a

roadway, without

specific permission

from the owner.

SECTION II. That this

ordinance shall take

effect and shall be in

force 30 days from

and after its adoption,

approval, and publica-

tion.

Adopted by the City

Council of the City of

New Ulm this 7th day

of August, 2012.

/s/ Charles Schmitz

President of the City

Council

Attest:

/s/ Reginald K Vorwerk

Finance Director

Approved by the May-

or of the City of New

Ulm this 7th day of

August, 2012.

/s/ Robert J Beuss-

man

Mayor

PUBLISH

(August 12, 2012)

PUBLIC HEARING

NOTICE

ORDINANCE NO.

12-102, FOURTH

SERIES CITY OF

NEW ULM, BROWN

COUNTY,

MINNESOTA

AN ORDINANCE RE-

PEALING SECTION

2.22 OF THE CITY

CODE OF THE CITY

OF NEW ULM

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That Sec-

tion 2.22 of the City

Code of the City of

New Ulm is hereby re-

pealed.

SECTION II. That this

ordinance shall take

effect and shall be in

force 30 days from

and after its adoption,

approval, and publica-

tion.

Adopted by the City

Council of the City of

New Ulm this 7th day

of August, 2012.

Charlie Schmitz

President of the City

Council

Attest:

Reginald K. Vorwerk

Finance Director

Approved by the May-

or of the City of New

Ulm this 7th day of

August 2012

Robert Beussman

Mayor

 
 
 

 

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