3-7-10: ANIMALS PROHIBITED IN CITY:
   A.   Livestock Prohibited In City Limits: It shall be unlawful for an owner to keep chickens, ducks, geese, turkeys or other domestic fowl, cattle, horses, pigs, sheep, goats or other domestic livestock within the limits of the city, except that licensed veterinarians may keep such animals for the purposes of care and treatment necessary in the practice of their profession and except for temporary presence in connection with livestock or wildlife shows, exhibitions, zoos, circuses or auctions within the city. Any animals present in such a temporary livestock or wildlife event shall be caged, tethered or otherwise safely restrained to protect the public.
   B.   Pigeons: It shall be unlawful for an owner to keep pigeons within the limits of the city except fancy or homing pigeons as hereinafter defined may be kept in accordance with the following regulations:
      1.   Definitions:
          AVIARY: Any pen or run enclosed by wire immediately adjacent to a loft into which fancy or homing pigeons can only enter directly from the loft.
         FANCY PIGEON: A pigeon which through selective past breeding has developed certain distinctive physical and/or performing characteristics as to be clearly identified as such, including, by way of example, but not limitation, rollers, frillbacks, and fantails.
         HOMING PIGEON: A pigeon which through selective past breeding has developed the distinctive physical and/or mental characteristics to enable the pigeon to return to its home after having been released a considerable distance therefrom, including, by way of example but not limitation, carrier and racing pigeons.
         LOFT: Any building, structure, or coop in which fancy or homing pigeons are housed or kept which meets the requirements of subsection B5 of this section.
         SUPERVISED EXERCISE: Allowing fancy or homing pigeons in accordance with subsection B4 of this section to exercise outside of a loft and/or aviary with the owner of the pigeons present on the property where the loft and/or aviary is situated to ensure that the pigeons do not roost on the property of other persons nor otherwise interfere with the enjoyment of other persons' property.
      2.   Confinement Of Pigeons: The keeping of fancy or homing pigeons within the limits of the city shall only be allowed if such pigeons are kept confined in an aviary and/or loft, which shall be subject to inspection by the city for compliance with requirements set forth in subsection B5 of this section, and, if such pigeons are only allowed outside for the purposes set forth in subsection B3 of this section.
      3.   Outside Flight Allowed: Fancy or homing pigeons may be permitted to fly outside the loft or aviary for the purpose of supervised exercise to achieve and maintain the muscular condition necessary for shows or races in which the pigeons participate with homing pigeons further being allowed to fly outside the loft or aviary when returning to the loft from a supervised race or training flight.
      4.   Outside Flight Regulations: No one may fly fancy or homing pigeons within the limits of the city except in accordance with the following regulations:
         a.   Fancy or homing pigeons shall not be released or exercised on any day in which prior to release or exercise the pigeons have been fed.
         b.   No more than twenty (20) fancy or homing pigeons shall be flown in any one day by any owner except that young pigeons in numbers greater than twenty (20) may be flown providing they do not fly outside the boundaries of the owner's yard.
         c.   No fancy or homing pigeons shall be permitted by their owner to land, set, light, or gather on the property of another, be it public or private property.
         d.   All fancy or homing pigeons flown shall be banded with a brightly colored plastic or metal band with all pigeons flown together having the same color band.
         e.   The owner of any fancy or homing pigeons flown shall be responsible for maintaining a log book which shall be available and open for inspection by the city on the pigeons flown containing the following information:
            Pigeon band number
            Pigeon plastic band color
            Date and time out or released
            Date and time birds returned
            Type of domestic pigeon
      5.   Loft Requirements: No loft shall be allowed to be used to house or keep fancy or homing pigeons which does not meet the following requirements:
         a.   The complete exterior of the loft shall be painted and have a clean appearance. The exterior of the loft shall be disinfected at least two (2) times each year.
         b.   The exterior grounds surrounding the loft shall be maintained and have a clean appearance, free of papers, droppings, feathers, straw, boxes, and other nonusable materials.
         c.   The interior of the loft shall be maintained in a clean, sanitary, and wholesome manner at all times free from any filth, garbage, waste, nonusable articles, and/or other debris and shall be subject to periodic inspection by authorized city personnel.
         d.   A metal container with a metal cover shall be provided for each loft for the disposal of the above referenced garbage, waste, nonusable articles or other debris with the container to be regularly emptied and cleaned.
         e.   Any pigeon with a noncurable health condition shall be removed as soon as possible from the loft within a limited amount of time for study and research and/or treatment of pigeon's condition.
         f.   Training baskets, breeding cages, medical treatment cages, and any like or similar cage or enclosure within the loft shall be cleaned no less than three (3) times a year with an acceptable chemical spray or compound to maintain such baskets, cages, or enclosure in a safe and sanitary condition.
         g.   No loft for housing or keeping fancy or homing pigeons shall be maintained or operated or be permitted to exist within a distance of twenty five feet (25') from any building or structure or any accessory building or accessory structure thereto used for residential, commercial, or public purposes.
         h.   No loft shall be located in any structure not constructed in accordance with the zoning and building codes of the city.
         i.   No loft shall be kept in a condition contrary to the health or nuisance codes of the city.
   C.   Keeping Of Wild Or Exotic Animals Prohibited:
      1.   Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
         ANIMAL: Shall include any live vertebrate creature, domestic or wild, not to include birds.
         PET: Any animal kept for pleasure rather than utility.
         WILD OR EXOTIC ANIMAL: Any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm blooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including, but not limited to, alligators, crocodiles, caimans, and gavials, and including such other animal that cannot be effectively inoculated for rabies. Ferrets, nonpoisonous snakes, rabbits, and laboratory rats which have been bred in captivity and which have never known the wild shall be excluded from this definition. (Ord. 2005-1, 2-22-2005)
      2.   Display Or Exhibition: It shall be unlawful to keep within the city of Moorhead any wild or exotic animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, schools or colleges, or veterinary clinics, which are properly licensed by the federal government or state. (Ord. 2008-23, 11-24-2008)
      3.   Keeping As A Pet: No person shall keep or permit to be kept any wild or exotic animal as a pet.
      4.   Notice Required At A Place Of Sale: Any person who offers for sale a "wild or exotic animal" as defined by subsection C1 of this section shall post conspicuously at the place of sale or display the following notice:
No person may lawfully keep or permit to be kept in the City of Moorhead any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous snake or tarantula, crocodile or alligator, which can normally be found in the wild state or any other member of the crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials and including such other animal that cannot be effectively inoculated for rabies.
      5.   Notice Of Keeping: Upon the written complaint of any person that a person owns or is keeping or harboring a wild or exotic animal in violation of this section in the city, the police department or their authorized designee shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such animal in the city, they shall forthwith send written notice to the person requiring such person to safely remove the animal from the city within five (5) days of the date of the notice. Notice as herein provided shall not be required where such animal has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the police department shall cause the animal to be immediately seized and impounded, according to the provisions of subsection C6 of this section, or killed if seizure and impoundment are not possible without risk or serious physical harm or death to any person.
      6.   Seizure And Impounding: The police department or their authorized designee shall forthwith cause to be seized and impounded any wild or exotic animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to subsection C5 of this section. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the police department may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed.
      7.   Enforcement: The provisions of this subsection C shall be enforced by the police department or the Minnesota department of natural resources, the animal damage control department of the United States department of agriculture, or any other person duly designated by the Moorhead chief of police.
      8.   Delayed Enforcement: Any person who has a wild or exotic animal in possession at the time of the effective date of this subsection C in contravention of this section, shall have thirty (30) days to dispose of the animal(s) by removal of the animal(s) from the city or by giving or selling the animal(s) to a zoological park or other entity exempt from this subsection C. (Ord. 2005-1, 2-22-2005)