As used in this chapter unless the context otherwise indicates, the following words shall be defined to mean:
ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. "Animals" shall be classified as follows:
Domestic Animal: Those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and other similar animals.
Farm Animals: Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese potbellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
Nondomestic Animal: Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:
A. Any member of the large cat family (family Felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats.
B. Any naturally wild member of the canine family (family Canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
C. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
D. Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.
E. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
F. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this section, including, but not limited to, bears, deer, monkeys and game fish (except game fish purchased through a licensed dealer).
G. Ferrets.
ANIMAL CONTROL AUTHORITY: The city of Elko New Market.
ANIMAL SHELTER: Any place that shelters lost or abandoned animals for the purpose of reclaiming by the owner, adoption, placement with another agency, or humane euthanization; may include limited veterinary services such as routine vaccinations, spaying and neutering.
AT LARGE: Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined.
BACKYARD CHICKEN: A female chicken or hen which serves as a source of eggs.
CAT: Both the male and female of the feline family commonly accepted as domesticated household pets.
COOP: A structure used for housing of backyard chickens as permitted by this chapter.
DANGEROUS DOG: Has the meaning given it under Minnesota statutes section 347.50, subdivision 2.
DOG: Both the male and female of the canine family, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind.
KENNEL, COMMERCIAL ANIMAL: Any place that keeps four (4) or more of any one type of domestic animal or more than six (6) or more of a combination of domestic animals that are more than six (6) months of age for the purposes of selling, boarding, breeding, training, treating or grooming.
OWNER: Any person or persons, firm, association or corporation, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal.
POTENTIALLY DANGEROUS DOG: Has the meaning given it under Minnesota statutes section 347.50, subdivision 3.
PROPER ENCLOSURE: Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A "proper enclosure" does not include a porch, patio, or any part 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 barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications:
A. Have a minimum overall floor size of thirty two (32) square feet.
B. Sidewalls shall have a minimum height of five feet (5') and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches (2"), and support posts shall be one and one-fourth inch (11/4") or larger steel pipe buried in the ground eighteen inches (18") or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen inches (18") in the ground.
C. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire, or heavier, as the sidewalls and shall also have no openings in the wire greater than two inches (2").
D. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches (2"). The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel.
PROVOCATION: Has the meaning given it under Minnesota statutes section 347.50, subdivision 8.
RELEASE PERMIT: A permit issued by the police department for the release of any animal that has been taken to the pound. A release permit may be obtained upon proof of rabies vaccination within the last two (2) years and payment of all of the following fees: a) a fee in accordance with the regular license requirement (if the animal is unlicensed); b) a release fee; and c) any maintenance costs incurred in capturing and impounding the animal. The release fee shall be as established from time to time by the city council under its fee schedule. For the purpose of a release permit, any change in the registered ownership of an animal subsequent to its impoundment and release shall reset that animal's impoundment count to the beginning of the fee scale.
ROOSTER: A male chicken.
RUN: An enclosed outdoor area, as permitted by this chapter, within which backyard chickens may roam.
TRAP, NEUTER AND RETURN PROGRAM: A city approved program in which stray and feral cats already living outdoors are humanely trapped, then evaluated, vaccinated, and sterilized. Kittens and tame (stray) cats may be adopted into good homes. Healthy adult cats too wild (feral) to be adopted are returned to their familiar habitat.
UNPROVOKED: The condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (Ord. 24, 6-26-2008; amd. 2011 Code; Ord. 130, 4-28-2016, eff. 6-1-2016)