(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, turkeys, chickens, guinea hens, dogs, cats and feathered fowl. ANIMALS shall be classified as follows:
(a) DOMESTIC. 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.
(b) NON-DOMESTIC. 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:
1. Any member of the large cat family (family felidae) including lions, cougars, bobcats, leopards and jaguars, but excluding accepted domesticated house cats.
2. Any naturally wild member of the canine family (family canidae) 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 or a coyote 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, raccoon, squirrel or ferret, but excluding those 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.
6. 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.
AT LARGE. Off the premises of the owner and not under the custody and direct control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined.
DANGEROUS ANIMAL and POTENTIALLY DANGEROUS ANIMAL. These terms shall be synonymous with the definitions of DANGEROUS DOG and POTENTIALLY DANGEROUS DOG and apply to any animal.
DANGEROUS DOG and POTENTIALLY DANGEROUS DOG. These terms have the same meanings as defined by M.S. § 347.50, included herein or as amended from time to time.
(a) DANGEROUS DOG. Any dog that has, without provocation:
1. Inflicted substantial bodily harm on a human being on public or private property;
2. Killed 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 dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
(b) POTENTIALLY DANGEROUS DOG. Any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or private property;
2. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
DOG KENNEL. Any place, building, tract of land, boat or vehicle wherein dogs are kept, congregated or confined.
ENFORCING OFFICER. The Council is hereby authorized to appoint city personnel, in addition to law enforcement officers, to enforce the provisions of this subchapter. In the appointed personnel or law enforcement officer's duty of enforcing the provisions of the subchapter, he or she may from time to time, with the consent of the City Council, designate assistants.
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 following families: equestrian (horses, mules); bovine (cows, bulls); sheep; poultry (chickens, turkeys); fowl (duck, geese); swine (including pot-bellied pigs); goats; bees; and other animals associated with a farm, ranch or stables.
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.
PREMISES. Any building, structure, shelter or land whereon dogs or other animals are kept or confined.
UNDER RESTRAINT. Any animal on the premises of the owner or person harboring and keeping the animal and the owner or person harboring and keeping the animal must be outside with the animal and have the animal in sight and under control while the animal is loose on the premises. The animal is considered to be UNDER RESTRAINT if the animal is within a private motor vehicle or the animal is controlled by a leash, not to exceed ten feet in length. This provision also applies to an animal within a fenced in area on the owner's premises.
(B) Number allowed.
(1) No household within the city shall own or possess more than three adult dogs or three adult cats. An adult dog or cat shall be any dog or cat over the age of six months.
(2) (a) Exception. Any resident or household that has more than the number of cats allowable under this division (B), or more dogs and cats than the allowable combined limit under this division (B), shall be able to retain all animals properly licensed as of the date the subchapter is approved until which time the animal is no longer alive or residing at the property. At that time, the resident or household will become subject to the number of dogs and cats allowable herein.
(b) In the event a resident or household has more than the number of dogs or cats, or more than the combined limit, at the time this subchapter is approved and one or more of the animals is not properly licensed, the owner shall have 90 days from the enactment of the subchapter to either surrender or re-home the animal(s) humanely in order to comply with the limitations herein, or, contact the City Council, via an agenda request form available from the City Clerk, to request an exception for animals owned prior to the time of enactment. In order for the Council to consider approval of such a request, the owner must come into compliance with all other provisions of this subchapter including payment of all applicable fees and penalties.
(3) The keeping of farm animals will be allowed in accordance with Chapter 151 of this code.
(C) Impounding.
(1) Any animal declared a public nuisance may be subject to impound by any enforcing officer as appointed by the City Council.
(2) Notice to owner and redemption. The owner shall be notified within a reasonable time after the impound of any animal. The owner of any animal so impounded may reclaim the animal upon payment of applicable impound fees (as described below) as well as the license fee (if unlicensed) and late licensing penalties, if applicable.
(3) If the owner is unknown, a written notice shall be posted for five days at City Hall describing the animal and the place and time it was found. The notice shall also state the time and date on which the five-day redemption period shall expire. All rights of ownership shall strictly expire and be null and void for all animals unclaimed by the owner at the expiration of the five-day redemption period.
(4) Impound fee. Impound fees will be determined from time to time by the City Council. The fee will increase with each additional impoundment of the same animal in a calendar year. Additional charges for maintenance and keeping of the animal, as well as the cost of any needed rabies inoculation, shall be due and payable prior to the release of the animal.
(5) Permissible return of unrestrained animals. If an animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings may be taken against the owner for violation of this subchapter.
(6) Immobilization. For the purposes of enforcement, any enforcement officer or law enforcement officer or assistant may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing a dog or any other animal when the animal is a threat to the health, safety, or general welfare of any member of the public.
(7) Bites. Whenever the owner of any animal learns that the animal has bitten a human being, the owner shall immediately provide for impoundment of the animal for a period of ten days. The animal shall be kept apart from other animals until it is determined whether the animal has or has had rabies. Impounding may be by the owner if the animal has a current rabies vaccination at the time the bite occurred and if approved by the Police Department. If the animal did not have a current rabies vaccination at the time the bite occurred, the animal shall be impounded at the city or by a licensed veterinarian. In either case, impounding shall be at the owner's expense.
(8) Rabies. Any animal found to have rabies shall be handled pursuant to the shelter/humane society/veterinary hospital's rules and regulations.
(D) Miscellaneous provisions.
(1) Implied consent. Any owner of an animal shall be deemed to have given implied consent to entry on his or her premises by animal control officer or a police officer for the purpose of enforcing this subchapter.
(2) Cruelty. In accordance with M.S. § 343.21, no owner shall fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, and veterinary care when needed to prevent suffering. No owner shall fail to provide humane care and treatment to animals. No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse any animal, or cause or permit any fight or other combat between animals and humans.
(3) Abandonment. In accordance with M.S. § 343.21, no person shall abandon any animal.
(4) Exception. Any person relinquishing ownership to a shelter, humane society or veterinary hospital shall not be considered in violation.
(Ord. 90, passed 6-12-23)