§ 12.91  DEFINITIONS.
   The following words and terms, when used in this Article IV, shall have the following meanings unless the context clearly indicates otherwise.
   ANIMAL. Every non-human species of animal, including domestic, farm and wild.
   ANIMAL CONTROL AUTHORITY. The Bloomington Police Department having oversight and control over the city’s or designee.
   ANIMAL CONTROL OFFICER. An officer employed by or under contract with the city who is responsible for animal control enforcement.
   ANIMAL REQUIRING A LICENSE. A dog, cat or ferret that is three months or older.
   APIARY. The assembly of one or more of at a single location.
   AQUARIUM. A building or institution in which aquatic animals are kept for commercial exhibition or display.
   AT LARGE. An animal is AT LARGE when it is off the premises owned or occupied by its and is not accompanied or of the , or other competent , as defined in this section.
   BEEHIVE. A receptacle inhabited by a that is manufactured for the purpose of housing .
   BEEKEEPER. A person who owns or has charge of one or more of .
   BEES. Flying insects domestically raised by for their production of honey and beeswax or their beneficial pollination activities.
   CITY ANIMAL SHELTER. Any premises designated by the city for the purposes of impounding and caring for all animals held under authority of this Article IV.
   CLEAN. The absence of dirt, grease, rubbish, garbage, animal and bodily excretions, and other offensive, unsightly or extraneous matter.
   COLONY. An aggregate of consisting principally of workers, but typically having one queen and at times drones, brood, combs, and honey.
   COMMERCIAL ANIMAL ESTABLISHMENT. Any business that breeds, raises, sells, boards, distributes or exhibits animals for entertainment or educational purposes including, but not limited to, kennels, , , petting zoos, , , or as licensed under § 14.94.
   COMPENDIUM OF ANIMAL RABIES CONTROL (“COMPENDIUM”). The Compendium of Animal Rabies Control prepared by the National Association of State Public Health Veterinarians and provided by the Minnesota Board of Animal Health.
   COOP. A type of for .
   CRUELTY. Every act, omission or neglect which causes or permits unnecessary or unjustifiable pain, suffering or death.
   CUSTODIAN. A , firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having care, custody or control of an animal, provided that the animals are kept only temporarily on the premises and are owned by others.
   DANGEROUS ANIMAL. An animal that has:
      (a)   Without , inflicted on a human being on public or private property;
      (b)   Killed a without while off the property; or
      (c)   Been found to be , and after the has notice that the animal is , the animal aggressively bites, attacks or endangers the safety of humans or .
   DAYLIGHT HOURS. That period of the day from one-half hour before sunrise until one-half hour after sunset.
   DOMESTIC ANIMAL. Any of the various non-venomous animals domesticated so as to live and breed in a tame condition and commonly accepted as household . DOMESTIC ANIMALS do not include any animals considered to be , or as defined in this Article IV. DOMESTIC ANIMALS may also be known as . DOMESTIC ANIMALS are limited to:
      (a)   DOGS. Any animal in whole (excluding hi-breds with wolves, coyotes or jackals) of the species Canis familiarus, which are required to be properly vaccinated against rabies pursuant to law;
      (b)   CATS. Any animal in whole (excluding hi-breds with ocelots or margays) of the species Felis catus, which are required to be properly vaccinated against rabies pursuant to law;
      (c)   FERRETS. Any animal of the species Mustela putorius furo, which are required by this city code to be spayed or neutered, and are required to be properly vaccinated against rabies pursuant to this city code;
      (d)   BIRDS. Any of the class of Aves (birds) that are caged and otherwise kept inside the residence, excluding all ;
      (e)   RABBITS. Any animal of the order Lagomorpha that are caged and kept inside or in an outdoor hutch near the dwelling or garage;
      (f)   RODENTS. Any of the order Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs that are caged and otherwise kept inside the residence; and
      (g)   REPTILES. Any of the class Reptilia such as snakes less than six feet in length, lizards and turtles that are caged and otherwise kept inside the residence;
      (h)   AMPHIBIANS. Any of the class of Amphibia such as salamanders, frogs and toads that are caged and otherwise kept inside the residence;
      (i)   HEDGEHOGS. Any of the order of Erinaceomorpha such as hedgehogs and moon rats that are caged and otherwise kept inside the residence;
      (j)   SUGAR GLIDERS. Any animal of the species Petaurus breviceps that are caged and otherwise kept inside the residence; and
      (k)   FISH. All varieties commonly raised as in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law;
   ENCLOSURE. A fenced area or run where animals are confined outdoors.
   ENCLOSURE FOR A DANGEROUS ANIMAL. Securely confined space indoors or a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. An ENCLOSURE FOR A DANGEROUS ANIMAL does not include a porch, patio or any parts of a house, garage or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from escaping.
   FARM ANIMAL. Any of the various species of animals domesticated as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, and pigs. FARM ANIMALS do not include any animal considered to be , , or as defined in this Article IV.
   FARM POULTRY. Any of the various species of domesticated poultry as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans and doves. FARM POULTRY does not include any animal considered to be , or as defined in this Article IV.
   GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition.
   GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm.
   HEALTH AUTHORITY. The City of Bloomington Environmental Health Division or designee.
   HEARING OFFICER. An impartial retained by the city to conduct the hearings prescribed in this Article IV.
   ISSUING AUTHORITY. The City of Bloomington License Section or designee.
   OWN. To keep, harbor or have control, charge or custody of an animal. This term shall not apply to animals owned by others which are temporarily maintained on the premises of a or other operator.
   OWNER. Any owning, possessing, keeping, harboring or having an interest in or having care, custody or control of an animal, excluding or operators temporarily maintaining an animal on their premises where the animal is owned by another.
   OTHER ANIMAL KEPT AS A PET. An animal other than a dog, cat or ferret for which a rabies vaccine is licensed for the species by the United States Department of Agriculture. An animal that is deemed a prohibited pursuant to Division E of this Article IV shall not be kept as a even though a rabies vaccine is licensed for the animal and such an animal shall not be included in the definition of OTHER ANIMAL KEPT AS A PET.
   PERFORMING ANIMAL EXHIBITION. Any commercial spectacle, display, act or event in which performing animals are used.
   PERSON. One or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or nonprofit corporation, a trust or any other business organization.
   PET. See DOMESTIC ANIMAL.
   PET SERVICES FACILITY. A business establishment that provides any of the following services or retail activity either individually or in combination, for and : sales, animal sales, veterinary care, animal hospital, short-term daily care, training classes, boarding and grooming.
   PET SHOP. Any , whether operated separately or in connection with another business enterprise, that buys, exhibits or sells any species of .
   PICKET. To secure an animal by means of a chain or metallic cable to a fixed object, thereby confining the animal to a specified area.
   POTENTIALLY DANGEROUS ANIMAL. Any animal that:
      (1)   When unprovoked, inflicts bites on a human or on public or private property;
      (2)   When unprovoked, chases or approaches a , including a on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog property, in an apparent attitude of attack; or
      (3)   Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or .
   PROVOCATION. An act that an adult could reasonably expect may cause an animal to attack or bite.
   RABID ANIMAL. An animal showing signs associated with rabies that are observed and reported by a , or an animal diagnosed as positive for rabies by a recognized laboratory, or both. Any skunk, wolf, wolf hybrid, civet cat, raccoon, opossum, bat or fox that bites a dog or cat shall be deemed to be a rabid animal for the purposes of this Article IV.
   RABIES CONTROL AUTHORITY. The Bloomington Police Department having oversight and control over the city’s or designee.
   RABIES SUSPECT. Any animal which is considered as a potentially under guidelines of the United States Centers for Disease Control and Prevention and the Minnesota Department of Health, which has bitten any and caused an abrasion of the skin of such or has otherwise exposed that to its saliva through an open wound or mucous membrane.
   REGULAR BUSINESS DAY. A day during which the is open to the public for not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m.
   RIDING SCHOOL OR STABLE. Any place that has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, llama or burro; or any place that regularly buys, sells or trains the above animals, including a trotting track or rodeo.
   SHELTER. A structure, , barn or designed to provide shelter from weather and safety for animals.
   SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary or permanent but substantial disfigurement, or which causes temporary or permanent but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
   TRAP. Any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle or any contrivance whatever.
   TRAPPING. The setting or laying or otherwise using of a anywhere in the city to catch, snare or otherwise restrain free movement of mammals, fish or birds.
   UNDER RESTRAINT. An animal is UNDER RESTRAINT if:
      (1)   The animal is within a secure vehicle;
      (2)   The animal is within a secure fence or building within the property limits;
      (3)   The animal is in accordance with this Article IV of the city code;
      (4)   The animal is controlled by a leash, provided that when or other animals are within 20 feet of the animal the leash is shortened to six feet; or
      (5)   The animal:
         (A)   Is within the property limits, or is involved in a scheduled animal show or obedience demonstration or trial, is legally involved in hunting or retrieving game animals, or is within the boundaries of a city park or other city-owned property designated and posted by the Manager of Parks and Recreation as an off-leash site specifically designed for that type of animal; and
         (B)   Is controlled by a competent and is immediately obedient to that command.
   VACCINATION AGAINST RABIES. The inoculation of a dog, cat or with a rabies vaccine licensed for that species by the United States Department of Agriculture and administered in accordance with recommendations listed in the most current . The VACCINATION must be performed by or under the supervision of a .
   VETERINARIAN. A veterinarian licensed in the State of Minnesota or another state of the United States.
   VETERINARY HOSPITAL. Any establishment maintained or operated by a licensed for surgery, diagnosis and treatment of diseases and injuries of animals.
   WILD ANIMAL. Every non-human species of the animal kingdom, including those born or raised in captivity, except the following:
      (1)   Animals defined in this section as or ;
      (2)   Animals defined in this section as or ; and
      (3)   Song birds or other wild species of birds other than turkeys, ducks and geese, that may be fed from feeders five feet off of the ground for application of § 12.122 only.
   ZOOLOGICAL PARK. Any permanent facility operated by a , partnership, corporation or government agency, other than a , or , displaying or exhibiting one or more species of animals.
(Ord. 2010-28, passed 11-1-2010; Ord. 2015-18, passed 6-22-2015; Ord. 2017-38, passed 11-6-2017)