For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The releasing of a dog, cat, or other animal within the city under circumstances where the dog, cat, or other animal is thereafter found unleashed or otherwise unattended or restrained in the city. The failure of a person required by this chapter to pay any fee in connection with the restraint or impoundment of any dog, cat, or other animal this resulting in the dog, cat, or other animal remaining at the place of restraint or impoundment shall be deemed ABANDONMENT. Circumstances amounting to a charge of running at large if occurring at a frequency more than two times in any 90-day period shall be deemed ABANDONMENT.
ACCESSORY BUILDING. A subordinate building or portion of a main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including fowl and poultry), or other member commonly accepted as part of the animal kingdom including, but not limited to, cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, pheasants, turkeys, chickens, rabbits, guinea hens, dogs, cats, and feathered fowl. ANIMALS shall be classified as follows.
(1) DOMESTIC ANIMALS. 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, non-poisonous, non-venomous and non-constricting reptiles or amphibians, and other similar animals.
(2) FARM ANIMAL. 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 (duck, geese, pheasant), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stables.
(3) NON-DOMESTIC ANIMALS. 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, cougars, bobcats, leopards, and jaguars, but excluding accepted domesticated house cats;
(b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingos, and jackals, but excluding commonly accepted domesticated dogs;
(c) Any crossbreeds such as the crossbreed between a wolf and a dog or a coyote 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, raccoon, squirrel, or ferret, but excluding those otherwise deemed or commonly accepted as domesticated pets;
(e) Any poisonous, venomous, constructing, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles, and alligators; and
(f) Any other animal which is not explicitly listed above, but which can be reasonably defined by these definitions, including, but not limited to, bears, deer, monkeys, and game fish.
ANIMAL ENCLOSURE. Any building or portion thereof, structure, or area including pens, dog houses, kennels, and outside runs that are principally used or designed for use as a place for the keeping of animals. For purposes of this section, an electronic pet containment system shall not be deemed to be an ANIMAL ENCLOSURE.
AT LARGE. Whenever an animal is off the premises of its owner unless controlled by a leash not to exceed six feet in length with the following exception: while on the private property of another with the landowner’s permission, provided the animal owner is present City Animal Shelter.
BITE(S). Has seized with the teeth or jaws so that the skin of the person or animal seized has been nipped or gripped, or has been wounded or pierced, and including, but not limited to, scratches, and including but not limited to probable contact of salvia with a break or abrasion of the skin. The term shall also include but not be limited to contact of salvia with any mucous membrane.
CAT. Both the male and female sex whether neutered or not of any variety of the Felidae family, including all varieties and species of the common or domestic cat whether the same are wild or tame.
CHICKEN. A domesticated fowl of the genus Gallus and species G. gallus.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A fenced outside yard for the keeping of chickens.
COMMERCIAL KENNEL. An establishment wherein any person is engaged in the business of boarding, breeding, showing, treating or grooming, buying, letting for hire, training, for a fee or selling dogs or cats.
CONFINED. Restriction of an animal at all times by the owner, or his or her agent, to an escape-proof building or other enclosure, away from other animals and the public.
DANGEROUS DOG and POTENTIALLY DANGEROUS DOG. The terms have the same meanings as defined by M.S. § 347.50.
DOG. Both the male and female sex, whether neutered or not, of the Canidae family, including the common or domestic dog whether wild or tame.
DOMESTICATED ANIMAL. An animal domesticated by humans so as to live and breed in a tame condition.
ELECTRONIC PET CONTAINMENT SYSTEMS. A system created by the installation of conductors on the ground or under the ground which emit or cause to be emitted an electronic signal for the purpose of confining animals within a predetermined area.
ENFORCING OFFICERS. The Council is hereby authorized to appoint city personnel or law enforcement officers to enforce the provisions of this chapter. In the appointed personnel or law enforcement officer’s duty of enforcing the provisions of this chapter, he or she may from time to time, with the consent of the City Council, designate assistants.
EXCESSIVE KENNEL. The keeping of four or more dogs on the same premises, whether owned by the same person or not, and for whatever purpose kept, shall constitute an EXCESSIVE KENNEL; except that a fresh litter of pups may be kept for a period of three months before such keeping shall be deemed to be an EXCESSIVE KENNEL. The keeping of four or more cats on the same premises, whether owned by the same person or not, and for whatever purpose kept, shall constitute an EXCESSIVE KENNEL; except that a fresh litter of kittens may be kept for a period of three months before such keeping shall be deemed an EXCESSIVE KENNEL.
IMPOUND. Seize and hold in legal custody.
LEASH. A chain, rope, or strap not to exceed six feet in length, attached to the collar or harness of an animal and used to lead it or hold it in check.
LIVESTOCK. Farm animals kept for use, pleasure, or profit, including, without limitation, horses, mules, sheep, goats, cattle, swine, and fowl.
OWN. To own, harbor, keep, or have custody of an animal or be the parent or guardian of a person under 18 years of age who owns, harbors, keeps, or has custody of an animal.
OWNER. Any person who owns, harbors, feeds, boards, keeps, or otherwise possesses an animal and is presumed to be the owner or tenant of the residence real estate at which the animal is normally kept, remains, or to which the animal returns; or the owner or manager in charge of the establishment or premises at which the animal is kept, remains, or to which it returns. Any parent or guardian of any non-emancipated minor owner under the age of 18 years of age shall be presumed to be the actual OWNER of the animal and the responsible party for the animal’s care, control, licensing, and action.
PERSON. Includes an individual, a company, firm, partnership, corporation, trust, limited liability company, and any association of persons or other legal entity.
PICKET. To restrain an animal by means of a chain, leash, or other attachment to a fixed object, thereby confining the animal to a determined area.
REAR YARD. A portion of an improved lot between the principal building located on such lot and the rear lines of the lot, which space is unoccupied except for accessory buildings.
RESIDENTIAL HOBBY KENNEL. A place where three or more dogs or cats are kept. Wherein any person is engaged in the business of breeding.
RESTRAINT. The control of an animal under any of the following circumstances:
(1) When it is controlled by a lead, line, or leash that is secured to a secure object of held by a person who is capable of controlling and governing the animal in question;
(2) When it is within a fully enclosed vehicle;
(3) When it is on the premises of the owner and/or custodian;
(4) When it is restrained securely within an enclosure or fence; or
(5) When it is under the physical control of the owner or custodian.
ZONING. Certain animals in R-l, R-2, B-l, and/or AG zoning districts.
(Ord. passed 8-11-2014)