For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. To leave a dog or cat at large within the city without intending to return to or recover it. It shall also mean to purposefully leave a dog or cat in the possession of the Animal Warden to avoid paying impoundment and/or boarding costs.
ALTERED. Any female dog or cat that has been spayed or any male dog or cat that has been castrated.
ANIMAL CONTROL OFFICER. The City Council and/or any persons or agencies designated by the City Council. The ANIMAL CONTROL OFFICER’s primary function involves enforcement of this chapter and other laws dealing with dogs or cats. The ANIMAL CONTROL OFFICER shall also be construed to include any licensed law enforcement officer.
ANIMAL WARDEN. Any person or agency designated by the City Council to house, hold, confine or board dogs or cats seized and/or impounded herein. The ANIMAL WARDEN shall be appointed and serve at the pleasure of the City Council.
BONA FIDE LIVESTOCK OPERATION. A farm (of 40 acres or more in size) on which horses, cows, swine, poultry, sheep, goats or other common farm animals are kept, raised, bred or sold as a part of a business enterprise.
CAT. Any animal wholly or in part of the species Felis Domesticus.
COMMERCIAL KENNEL. A KENNEL where dogs are bred and/or sold for re-sale, individually or in litter lots, whether or not any of these animals are also kept for personal use and where the business may be a primary source of income. COMMERCIAL KENNELS are also places where dogs are boarded, groomed or trained for a fee.
CONTROL. Any animal shall be deemed to be under CONTROL if it is on the premises of its owner; on the premises of another owner of property with the property owner’s permission; if on a leash held by a person able to physically restrain the animal; or if suitably trained to respond to audible or other signals and accompanied by a person within the range of trained response when on public or easement property.
DANGEROUS DOG and POTENTIALLY DANGEROUS DOG. The meanings ascribed to those terms by M.S. § 347.50, as it may be amended from time to time, and specifically as follows:
(1) DANGEROUS DOG. Any dog that has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Been found to be potentially dangerous, and after the owner has noticed that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.
(2) POTENTIALLY DANGEROUS DOG. Any dog that:
(a) When unprovoked, inflicts bites on a human or domestic animal on public or private property;
(b) When unprovoked, chases or approaches a person upon the streets, sidewalks or any public property in an apparent attitude of attack; or
(c) Has a known propensity, tendency or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
(3) The terms DANGEROUS DOG and POTENTIALLY DANGEROUS DOG shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with M.S. § 347.50, as it may be amended from time to time, whether or not the same words are used.
DOG. Any animal wholly or in part of the species Canis Familiaris.
HOBBY KENNEL. A kennel where dogs are kept primarily for personal companionship, for recreational enjoyment or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the premises for residential purposes, and is not a primary source of income.
KENNEL. Any place where four dogs or more over six months of age are kept, raised, sold, boarded, bred, shown, treated or groomed.
OWNER. Any person or the parents or guardians of a person under 18 years of age who owns, harbors, keeps or has custody of a dog or cat.
PERSON. Any individual, partnership, corporation, firm or group, however organized.
PREMISES. The space of ground immediately surrounding a dwelling house and/or outbuildings.
(1990 Code, § 1401.010) (Ord. 95-1401-129, passed 11-11-1995; Ord. 133, passed 10-28-1996; Ord. 2018-003, passed 9-17-2018)