Section
503.01 Definitions
503.02 Enforcement
503.03 Right of entry
503.04 Impounding animals
503.05 Impounding strays
503.06 Impounding facility
503.07 Redeeming impounded animals
503.08 Disposition of impounded animals
503.09 License and vaccination requirements
503.10 Kennel licenses: private and commercial
503.11 Health and maintenance standards
503.12 Prohibitions
503.13 Confinement in motor vehicle
503.14 Rabies; animal bites
503.15 Attack by an animal
503.16 Dangerous animals
503.17 Appeal process
503.18 Notification of new address
503.19 Dangerous animal requirements
503.20 Forfeiture of ownership rights
503.21 Farm animals
503.22 Wild animals
503.23 Penalty
503.24 Exemptions
Unless the context clearly indicates otherwise, the words and phrases below are defined for the purpose of this chapter as follows.
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:
(a) DOMESTIC ANIMAL. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, these animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting reptiles or amphibians and other similar animals.
(b) FARM ANIMAL. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, the animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees and other animals associated with a farm, ranch or stable.
(c) WILD ANIMAL. Any animal commonly considered to be naturally wild and not naturally trained or domesticated, or which is commonly considered to be inherently dangerous to the health, safety or welfare of people. Unless otherwise defined, the animals shall include:
1. Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats;
2. Any naturally wild member of the canine family (family canide) including wolves, foxes, coyotes, dingoes and jackals, but excluding commonly accepted domesticated dogs;
3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet;
4. 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;
5. Any poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and
6. 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.
AT LARGE. An animal not under the custody and control of the owner or other person, either:
(a) Confined or restrained on the owner's property by leash, cord, chain, enclosure or fencing. Restraint by voice command or a remote electronic training device, on the owner's property, shall be allowed provided that the animal is under the immediate supervision of its owner or other responsible person; or
(b) Confined within a private vehicle or restrained by a leash not exceeding six feet in length while off the premises of the owner.
AUTHORIZED CITY PERSONNEL. The Chief of Police, law enforcement personnel and others designated by law enforcement personnel to assist in the enforcement of this chapter.
DANGEROUS ANIMAL. An animal that has:
(a) Without provocation, caused bodily injury or disfigurement to any person on public or private property;
(b) Without provocation, engaged in any attack on any person under circumstances which would indicate danger to personal safety;
(c) Exhibited unusually aggressive behavior, such as an attack on another animal; or
(d) Bitten one or more persons on two or more occasions.
HEARING OFFICER. The person designated by the City Council to hear appeals brought pursuant to this Chapter 503.
KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit-making purpose and not solely for private enjoyment.
KENNEL, PRIVATE. Any structure or premises on which four dogs, over six months of age, are kept for private enjoyment and not for monetary gain.
(Am. Ord. 17-08, passed 1-12-2009)
MALTREATED ANIMAL. An animal that has not been given adequate food, water or shelter as specified in § 503.11 or that has been subjected to the conduct prohibited by M.S. § 343.21, as it may be amended from time to time.
OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an owner or owners.
PARCEL OF LAND. A contiguous tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a LOT or LOT OF RECORD.
PERSON. An individual, firm, partnership or corporation.
PREMISES. A building, structure, shelter or land where an animal is kept or confined.
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 32 square feet;
(b) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-quarter inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches 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 have no openings in the wire greater than two inches; and
(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. 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.
PUBLIC NUISANCE ANIMAL. An animal that:
(a) Is maintained in a manner that violates § 503.11;
(b) By virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety or welfare; or
(c) Has been the subject of a violation of this chapter more than two times in a 24-month period.
UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption that any attack on a child 14 years of age or younger shall be considered to be UNPROVOKED unless the child is engaged in an act that could reasonably be anticipated to cause an animal to attack or bite.
VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians.
(Ord. 03-08, passed 5-27-2008; Am. Ord. 19-11, passed 10-10-2011)
Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter when there is reasonable belief that a violation of this chapter has been committed. Authorized city personnel may enter the private dwelling of an individual for the purposes of seizing animals or otherwise enforcing the provisions of this chapter with consent, or by first obtaining a search warrant.
(Ord. 03-08, passed 5-27-2008)
(1) Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when:
(a) They have a reasonable and immediate concern for the animal's health, safety or welfare;
(b) They have a reasonable and immediate concern for the health, safety or welfare of human beings or other animals as a result of the animal's continued presence on the property; or
(c) They have reasonable cause to believe that a violation of this chapter has occurred or is occurring and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property.
(2) A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel.
(3) Written notice of the seizure shall be left in a conspicuous place if personal contact with the animal owner is not possible.
(4) The animal owner is responsible for costs for the impounding and housing of an impounded animal.
(Ord. 03-08, passed 5-27-2008)
(1) Authorized city personnel may seize and impound an animal found at large on public property or claimed to be a stray by the occupant of the premises upon which the animal is found.
(2) An impounded stray animal displaying a need for medical care may be taken to a veterinarian for emergency treatment. The owner of the animal is responsible for payment of expenses incurred as a result of the veterinarian's treatment.
(3) Authorized city personnel shall give notice of an impounded animal to the owner if known.
(Ord. 03-08, passed 5-27-2008)
(1) The Council will designate a place as an animal impounding facility for keeping animals that are impounded by the city.
(2) Each month the impounding facility will give to the city a written report showing the animals impounded, the duration of the impoundment and the method of disposal for each animal.
(Ord. 03-08, passed 5-27-2008)
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