§ 90.01  DEFINITIONS.
   As used in this chapter, unless the context otherwise indicates, the following words shall be defined to mean:
   ANIMAL CONTROL OFFICER. The city staff charged with the duty of picking up and impounding unlicensed dogs, strays, and abandoned animals as herein provided.
   ANIMAL SHELTER. Any premises designated by the city for the purpose or impounding or caring for animals held under the authority of this chapter.
   AT LARGE. Off the premises of the owner and not under the control of the owner, or other competent person, by leash not exceeding eight feet in length.
   DANGEROUS ANIMAL. An animal that has:
      (1)   Without provocation, inflicted substantial bodily harm on a human being on public or private property; or
      (2)   Killed or caused substantial bodily harm to a domestic animal without provocation while off the owner's property; or
      (3)   Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or
      (4)   Been declared a dangerous dog pursuant to Minnesota Statutes by the animal control authority of another jurisdiction.
   DOMESTIC ANIMAL. Any various non-venomous animals domesticated so as to live and breed in a tame condition. Domestic animals do not include any animal considered NON-DOMESTIC as defined by this section.  DOMESTIC ANIMALS are limited to:
      (1)   Dogs;
      (2)   Cats;
      (3)   Rabbits;
      (4)   Ferrets;
      (5)   Any of the class of Aves (birds) that are caged and otherwise kept inside the residence, specifically excluding poultry;
      (6)   Any of the order of Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs;
      (7)   Any of the class of Reptilia such as snakes, lizards, and turtles excepting those meeting the  NON-DOMESTIC ANIMAL definition; and
      (8)   Any of the class of Amphibian such as salamanders, frogs, toads excepting those meeting the  NON-DOMESTIC ANIMAL definition.
   KENNEL. Any place, building, tract of land, abode, or vehicle where four or more dogs over the age of six months are kept and maintained. KENNEL does not include a veterinarian licensed to practice in the State of Minnesota who keeps, congregates or confines dogs in the normal pursuit of the practice of veterinary medicine. KENNEL does not include an animal shelter owned and operated by any political subdivision of the state or providing animal sheltering services under contract with any political subdivision of the state.
   NON-DOMESTIC ANIMAL. Those animals considered to be naturally wild and not naturally trained or domesticated; or which are considered to be farm animals or inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, NON-DOMESTIC ANIMALS shall include: 
      (1)   Any member of the cat family (Felidae) including, but not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding those recognized as domesticated house cats.
      (2)   Any naturally wild member of the canine family (Canidae) including, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding those recognized as domesticated dogs.
      (3)   Any hybrid or crossbreeds between an animal defined in divisions (1) or (2) and a domestic animal and offspring from all subsequent generations of those hybrids or crosses, such as the crossbreed between a wolf and a dog.
      (4)   Any member or relative of the mammal family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.
      (5)   Any poisonous, venomous, constricting (when snake is of size causing inherent risk to humans), or inherently dangerous member of the reptile or amphibian families including, but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
      (6)   Goats, pigs (including pot bellied pigs), poultry, horses, cattle, llama, bison.
      (7)   Any other animal that is not explicitly listed above but which can be reasonably defined by the terms  of this section including, but not limited to exotic animals, human primates, bear, deer, elk, ducks, and game fish.
   OWNER. Any person, keeper, custodian or legal entity owning, harboring or keeping an animal, whether temporary or permanent.
   POTENTIALLY DANGEROUS ANIMAL. An animal which has:
      (1)   When unprovoked, bitten a human or a domestic animal on public or private property; or
      (2)   When unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or
      (3)   A known history or propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or
      (4)   Been declared a potentially dangerous dog pursuant to Minnesota Statutes by the animal control authority of another jurisdiction.
   PREMISES. Any building, structure, shelter or land whereupon animals are kept or confined.
   PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. 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 obstacles that prevent the animal from exiting.
   PROVOCATION. An act that an adult could reasonably expect may cause an animal to attack or bite.
   SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
   UNPROVOKED. The condition in which the animal is not purposely agitated or disturbed. It is a rebuttable presumption that any attack on a child 14 years of age or younger for which a reasonable person connotes an intent to inflict bodily harm will be considered to be unprovoked unless the child is engaged in the commission of a crime or illegal activity, including activities classified under Minnesota Statutes as cruelty to animals.
(Ord. 857, passed 10-14-2015; Ord. 869, passed 9-13-2017; Ord. 6.2-2021, passed 6-23-2021)