Chapter 416-16 — MINK RAISING

It is declared to have been determined on the basis of evidence submitted in connection herewith that the raising, breeding, maintaining, keeping, boarding and pelting of mink, as defined herein, constitutes an exceptional nuisance hazard by reason of the diet and physiological characteristics of mink, including the consequent and resultant creation of odors and breeding of flies.

(Prior code § 4320: Ord. 1446).

Unless otherwise specifically provided, or required by the context, the following terms have the following meanings in this chapter:

(1)

"Fly screening" means metal screen of at least "sixteen mesh" size.

(2)

"Health officer" includes any subordinate(s) the health officer designates from time to time for any or all of the health officer functions hereunder.

(3)

"Mink" means any fur-bearing animal commonly known as mink, including Mustela Lutreola, Mustela Vison, Mustela Siberica, and any hybrid, variant, strain or subspecies of such animals, and including cross-breeds thereof among the types listed or with other animals.

(4)

"Mink food" means anything intended for or used as sustenance for mink, and includes all organic material or parts of animals, birds or fish therein.

(5)

"Mink raising operation" means any operation or activity raising, breeding, maintaining, keeping, boarding or pelting ten or more mink.

(6)

"Underground waste disposal system" means any underground sewage disposal system complying with the laws of this state and county.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 74-67 § 1: prior code § 4321: Ord. 1446).

Article 416-16.4. Permits

No person shall carry on any mink raising operation without possessing a valid, unrevoked and unsuspended permit issued by the health officer. Such permits shall be valid from date of issuance until revoked, and shall be granted or renewed by the health officer when the health officer's inspection discloses that the standards and requirements relating to the conduct of the mink raising operation are being met by the applicant or the assignees thereof of the operation or proposed operation.

Such permits may be suspended or revoked by the health officer upon the health officer's first determining that the mink raising operation covered by such permit is being operated in violation of any provision of this chapter. Written notice of suspension or revocation shall be given a permit holder by registered mail, return receipt requested, postage prepaid, or by personal service upon the permit holder of such written notice.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 4322: Ord. 1446).

The health officer shall have the right to visit and inspect the premises upon which any mink raising operation is being conducted, or with respect to which any permit has been requested as herein provided, in order to carry out and enforce the provisions of this chapter. Such visits and inspections may be made at reasonable times and places and at reasonable intervals. The health officer may withhold, suspend or revoke the permit of any mink raising operation where the health officer or the health officer's duly authorized representative is refused admission to visit and inspect a mink raising operation as authorized herein.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 4323: Ord. 1446).

A fee of twenty-five dollars is required for permits hereunder, and is due and payable to the tax collector at the time of application for the permit.

(Prior code § 4324: Ord. 1446).

Article 416-16.6. Land Use

Subsequent to the effective date of this chapter, no person shall commence, establish or assume the operation of any mink raising operation which does not meet the following requirements:

(1)

Area of Operation Site: No mink raising operation shall be carried on on any parcel of land which is less than twenty acres in area; and

(2)

Distance from Perimeter: No mink raising operation or any part thereof shall be carried on at a distance of less than two hundred feet from the nearest part of the perimeter of the parcel of land upon which the operation is located.

(Prior code § 4325: Ord. 1446).

The following terms and conditions shall govern uses of land for the purposes of this chapter:

(1)

Any lawful use of any land or building for or as part of a mink raising operation, existing at the time this chapter becomes effective, which does not conform to the provisions of Section 416-16.602, shall constitute a nonconforming use, and shall not be in violation of this chapter until such nonconforming use is discontinued, or ceases for any reason.

(2)

It is unlawful to extend or enlarge any mink raising operation which constitutes an existing nonconforming use except in a manner which causes it to conform, or tends to bring it into conformity with, this chapter; provided, however, that such mink raising operations constituting such nonconforming uses may hereafter increase their land, facilities, buildings, equipment and number of mink by not more than ten percent of the present breeding stock or a maximum of twelve hundred, whichever is the greater, on the effective date of this chapter without being in violation of this subdivision. Existing nonconforming uses may expand structures and operations within the area otherwise prohibited by Section 416-16.602(2), should the boundaries of the property upon which such use is conducted prohibit compliance; provided, however, that in such use such expansion shall conform as nearly as possible to such restriction.

(Prior code § 4326: Ord. 1446).

Article 416-16.8. Sanitary Regulations

Every person engaged in or carrying on any mink raising operation shall comply with all of the following requirements with respect to such operations:

(1)

Cage Drainage: All mink cages used for the raising, keeping or breeding of mink shall be mounted and maintained in such positions or manner that no moisture can accumulate or remain standing under the cages.

(2)

Cage Sanitation: All accumulations of manure, mink food and waste matter shall be removed or maintained so as to prevent the breeding of flies.

(3)

Food Handling: All mink food, or organic materials used in the preparation of food, shall be completely enclosed, except when in transit, in fly-proof, watertight containers at all times during which such food or materials are not actually being processed, minced, chopped or ground by hand or machinery, or fed to mink. All such processing, chopping or grinding shall be conducted or carried on in food preparation houses which meet the standards and requirements set forth in this chapter.

(4)

Food Preparation Houses — Construction: Food preparation houses shall be entirely paved with a smooth floor of concrete or some equally durable and impervious substance, equipped with adequate and effective floor drains draining to an underground waste disposal system, and the doorways, windows, and all openings or apertures leading therein shall be completely covered with fly screening.

(5)

Food Preparation Houses and Equipment — Sanitation: All food preparation houses and all soiled machinery, equipment, utensils and implements used in the preparation of mink food shall be washed, cleaned, and dried daily immediately after use, and the waste water from such washing and cleaning shall be disposed of in an underground waste disposal system.

(6)

Garbage and Waste Disposal: All waste or spoiled organic matter whatsoever, including but not limited to garbage, spoiled or unused mink food, dead mink, and manure of any kind shall be completely disposed of by removal from the premises in a manner and to a site not prohibited by law, burial or chemical destruction at such times and intervals as may be necessary to prevent the odor thereof from being perceptible at any point on the perimeter by federal or state agencies nor to other similar establishments, for the packing, treatment, and processing of agricultural products and crops of all kinds (including, but not limited to establishments of the premises upon which the mink raising operation is conducted).

(Prior code § 4327: Ord. 1446).