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Monticello Overview
Monticello, MN Code of Ordinances
MONTICELLO, MINNESOTA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MUNICIPAL UTILITIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 90.021 POSSESSION OF NUISANCE ANIMALS.
   No person shall keep, own, harbor, or otherwise possess within the city an animal which is a public nuisance animal or vicious animal.
(Prior Code, § 6-2-22) Penalty, see § 90.999
§ 90.022 DOGS DISTURBING THE PEACE; ENFORCEMENT.
   It shall be unlawful for any person to own, keep, have in possession, or harbor any canine which howls, yelps, or barks to the reasonable annoyance of another person or persons. Any person violating this section who, upon first requested by an Animal Control Officer or any duly authorized assistant to stop or prevent the annoyance and refuses to comply with the request, will be issued a citation and, if the officer deems it necessary to stop the annoyance, may have the canine taken to the city animal pound. Any canine placed in the pound may be reclaimed by the owner upon payment of the fee prescribed. If not reclaimed, it may be disposed of in the proper manner.
(Prior Code, § 6-2-23) Penalty, see § 90.999
§ 90.023 CLEANING UP LITTER.
   (A)    The owner of any animal, or any person having the custody or control of any animal, shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner. More than six piles of feces in the yard may result in a violation tag being issued.
   (B)   It is unlawful for any person owning, keeping, or harboring an animal to cause or permit the animal to be on property, public or private, not owned or possessed by the person without having in his or her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by the person.
   (C)   It is unlawful for any person in control of, causing, or permitting any animal to be on any property, public or private, not owned or possessed by the person, to fail to remove feces left by the animal to a proper receptacle located on property owned or possessed by the person. The provisions of this section shall not apply to service dogs or dogs used for police activity.
   (D)   Any Animal Control Officer or any duly authorized officer or agent authorized by the City Administrator may issue citations.
(Prior Code, § 6-2-24) (Ord. 789, passed 10-10-2022) Penalty, see § 90.999
§ 90.024 DANGEROUS OR POTENTIALLY DANGEROUS DOGS.
   (A)   Adoption by reference of state law and county ordinance. The provisions of M.S. Ch. 347 (§§ 347.50 through 347.65), as it may be amended from time to time, and county Ord. 10-01, as they may be amended from time to time, are hereby adopted by reference as fully as if set out herein, and shall be administered and enforced by the city’s Animal Control Officer and Wright County Sheriff’s office and designated pursuant to that law and ordinance.
   (B)   Conflict of laws. When any provisions of this subchapter, county ordinance, or state laws applicable to dangerous or potentially dangerous dogs are in conflict, the provisions that impose the greater restrictions or protections shall apply.
(Prior Code, § 6-2-25) (Ord. 511, passed 4-12-2010)
§ 90.025 PERMITS FOR COMMERCIAL DOG KENNELS; PERMITS FOR KEEPING MORE THAN THREE DOGS OVER THE AGE OF SIX MONTHS.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      COMMERCIAL KENNEL/BOARDING. A facility or service where dogs, cats and/or other small household pets as permitted by city code are kept or maintained (day or overnight), for the care, training, exercising and/or socializing by a person other than the owner of the animals for a fee. Animal boarding may include incidental grooming, dog walkers or training services. Animal boarding does not include facilities that provide breeding of animals, selling of animals, or facilities whose primary source of revenue is licensed veterinarian services.
   (B)   License required.
      (1)   No person shall operate a kennel in the city without first obtaining a license. Application for such license shall be made to the office of the City Clerk and shall be accompanied by the license fee. Such a license shall be issued by the office of the City Clerk upon a showing of compliance with all laws and ordinances.
      (2)   Term and renewal; fee. Kennel/boarding licenses shall expire on December 31 of the year issued. Licenses must be renewed annually. The kennel/boarding license fees shall be as established by ordinance and paid at the time of application.
      (3)   Maintenance of premises; inspections; revocation of permit. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by the Animal Control Officer at any reasonable time. A commercial kennel license may be revoked by the Council by reason of violation of this chapter or any health or nuisance order, law, or regulation.
   (C)   Applications. The application shall be made to the City Zoning Administrator and shall contain the following:
      (1)   The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee;
      (2)   The maximum number and species of adult dogs to be kept on the premises. The term ADULT as used herein shall include any animal over six months of age;
      (3)   A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs.;
      (4)   The method to be used to keep the premises in a sanitary condition;
      (5)   The method used to keep the animals quiet; and
      (6)   An agreement by the applicant that the premises may be inspected by the Animal Control Officer at all reasonable times. An inspection of the premises prior to licensing and during the licensing period shall be required.
   (D)   Issuance and conditions. The City Clerk shall refer the application to the Animal Control Officer for review and recommendation. The issuance of a license shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quality and height of the fencing; and, with particularity, any violations during the previous license period, if applicable. The Council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this subchapter.
   (E)   Regulations.
      (1)   Owners shall adhere to all regulations for commercial kennel/boarding as noted in § 153.091, in addition to those below.
      (2)   All areas shall be adequately and properly ventilated and have ample light and heat, either natural or artificial.
      (3)   Every kennel or shelter shall be suitably enclosed or fenced in such a manner as to prevent the running at large or escape of the animals confined therein. No dogs may be tethered.
      (4)   Doors, windows, and other openings shall be screened.
      (5)   The premises shall be provided with adequate, safe, and approved sewer, water, and plumbing facilities.
      (6)   Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards.
      (7)   Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration.
      (8)   No animal registered as dangerous with the Animal Control Officer may be kept on premises at any time.
   (F)   Operation and conditions. All kennels and shelters shall be maintained in a clean, healthful, sanitary, and safe condition so as not to create a health hazard or public nuisance. Kennels shall be operated in a humane manner.
   (G)   Revocation. If a license fails to comply with the statements made in the application or with any reasonable conditions imposed by the City Council, or violates any other provision of this subchapter, the licensee shall be notified by mail and given ten days to remedy any defects or defaults. If the condition be not remedied in the ten days, the Council may revoke the license.
   (H)   Tags. Licensees shall affix an identification tag to all dogs owned by or under the control of the licensee. The identification tags shall at a minimum contain the name, address, and telephone number of the licensee.
   (I)   Rabies vaccination. A licensee shall cause every dog in the kennel to be vaccinated by a licensed veterinarian with anti-rabies vaccine. Puppies shall be so vaccinated at or before the age of 16 weeks and again at the age of one year. Adult animals shall be so vaccinated at least once in every 24-month period or as often as needed under the type of vaccine used to ensure immunity.
   (J)   License fees. The license is non-transferable. The fee for kennel license shall be at a rate as set by the City Council.
(Prior Code, § 6-2-26) (Ord. 169, passed 3-13-1989; Ord. 277, passed 3-25-1996; Ord. 358, passed 1-8-2001; Ord. 494, passed 1-26-2009; Ord. 805, passed 8-14-2023)
ANIMALS; FOWL
§ 90.040 ANIMALS KEPT WITHIN CITY LIMITS.
   (A)   No members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry, or fowl (chickens, turkeys, ducks) unless permitted, swine (including Vietnamese pot-bellied pigs), goats, bees unless permitted, and other animals associated with a farm, ranch, or stable shall be kept within the city limits, except in an outlying district where there are not more than three residences, other than that occupied by the owner or occupant of the premises upon which the animals are kept, within a distance of 500 feet of the structure housing or enclosing the animal, unless a special written permit therefor is issued by the Animal Control Officer and the City Clerk after an inspection of the premises and a finding of fact to the effect that no nuisance shall be created thereby. The special permit shall be issued for the keeping of any such animals on any lot only in the following two cases:
      (1)   Where the animals were being lawfully kept on the lot prior to enactment hereof; and
      (2)   Where the animals were being lawfully kept on the lot after the enactment hereof in an area in which there were not three residences within a distance of 500 feet of the structure enclosing the animals, and subsequently other residences were built bringing the structure housing the animals within a restricted district. The permit shall be for the term of one year and shall not be renewed without a re-inspection.
   (B)   All animals, other than those specifically allowed and permitted by this subchapter, shall be prohibited within the city limits.
(Prior Code, § 6-3-1) Penalty, see § 90.999
§ 90.041 STABLES.
   (A)   Every stable or other building wherein any animal listed in § 90.040 is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
   (B)   Every stable or other building occupied by authority of a special permit shall, if located within 200 feet of any tenement or apartment house, hotel, restaurant, boarding house, retail food store, building used for school, religious, or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which the creatures are kept, be provided with a water-tight and fly-tight receptacle for manure of such dimension as to contain all accumulations of manure, which receptacle shall be emptied sufficiently often and in a manner as to prevent its becoming a nuisance. The receptacle shall be kept securely covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in the receptacle.
   (C)   The Animal Control Officer shall, if he or she deems the measures necessary in order to avoid a nuisance, require that any building be screened tightly against flies and/or that it be provided with running water, drain sewer connection, flooring impervious to water, and that other measures be taken as may be necessary to ensure proper protection to public health and safety as conditions precedent to the issuance of any special permit.
(Prior Code, § 6-3-2)
§ 90.042 ANIMALS, FOWL WITHIN CITY LIMITS; PERMITS.
   (A)   No person shall anywhere in the city keep, harbor, or maintain care, custody, or control over any small animal such as a rabbit or any fowl, such as a chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor issued by the Animal Control Officer and the City Clerk.
   (B)   The Animal Control Officer and the City Clerk may grant any permit pursuant to this section after the applicant has sought the written consent of the property owners adjoining the applicant’s real estate. The written consent shall be required on the first and initial application and as often thereafter as the Animal Control Officer deems necessary.
   (C)   Roosters are prohibited within the city.
   (D)   No permit shall be issued for more than six hen fowl.
   (E)   No permit shall be granted to keep any animal, fowl, or pigeon within a dwelling unit or part thereof, nor on any real estate which contains three or more dwelling units.
   (F)   This section shall not apply to dogs or cats or to veterinarians or licensed pet shops or licensed kennels.
(Prior Code, § 6-3-3) (Ord. 615, passed 4-27-2015) Penalty, see § 90.999
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