Section
90.01 Definitions
90.02 Dogs and cats
90.03 Non-domestic animals
90.04 Farm animals
90.05 Impounding provisions
90.06 Keeping dogs
90.07 Nuisances
90.08 Chickens
90.09 Seizing animals
90.10 Dangerous animals
90.11 Diseased animals
90.12 Dangerous, potentially dangerous dogs
90.13 Basic care
90.14 Breeding moratorium
90.15 Enforcement; pound
90.16 Application of state law
90.17 Keeping honey bees
90.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. A mammal, reptile, amphibian, fish, bird (including fowl and poultry) or other member commonly accepted as a part of the animal kingdom.
AT LARGE. Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord and chain or otherwise restrained or confined.
BROODING. The period of chicken growth when supplemental heat must be provided, due to the bird’s inability to generate enough body heat.
CAT. Both the male and female of the Felidae species commonly accepted as domesticated household pets.
CHICKEN. A domesticated bird that serves as a source of eggs or meat.
COOP. The structure for the keeping or housing of chickens permitted by this chapter.
DOG. Both the male and female of the canine species, commonly accepted as domesticated household pets and other domesticated animals of a dog kind.
DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household pets. The term includes dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, domesticated ferrets, fish, non-poisonous and non-constricting reptiles or amphibians and other similar animals.
EXERCISE YARD. A larger fenced area that provides space for exercise and foraging for the birds when supervised.
FARM ANIMALS. Those animals commonly associated with a farm or performing work in an agricultural setting. The term includes members of the equestrian family (horses, mules), bovine family (cows, bulls) sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese potbellied pigs), goats, bees and other animals associated with a farm, ranch or stable.
HEN. A female chicken.
NON-DOMESTIC ANIMALS. 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 public health, safety and welfare. The term includes:
(1) A member of the large cat family (family Felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats;
(2) A naturally wild member of the canine family (family Canidae) including wolves, coyotes, dingoes and jackals, but excluding commonly accepted domesticated dogs;
(3) A crossbreed such as the crossbreed between a wolf and a dog, unless the cross-breed is commonly accepted as a domesticated house pet;
(4) A member or relative of the rodent family, including skunks (whether or not scent glands have been removed), raccoons or squirrels, but excluding those members otherwise defined or commonly accepted as domesticated pets;
(5) A 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 not listed above, but which can be reasonably included in the divisions in this definition, including, but not limited to, bears, deer, monkeys and game fish.
OFFICER. Any person designated by the city as an enforcement officer.
OWNER. A person owning, keeping or harboring an animal.
RELEASE PERMIT. A permit issued by the animal control officer for the release of an animal that has been taken to the pound.
(1) A RELEASE PERMIT may be obtained upon payment of a fee in accordance with that regular registration requirement if the animal is not currently registered with the city, payment of a release fee, any maintenance costs incurred in capturing and impounding the animal.
(2) The release fee is set in § 36.02 of this code of ordinances. The fee increases for each impounding. For the purpose of a RELEASE PERMIT, any change in the registered ownership of an animal subsequent to its impoundment and release resets that animal’s impoundment count to the beginning of the fee scale.
ROOSTER. A male chicken.
RUN. A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised.
(Prior Code, § 911.01) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008; Ord. 2010-05, passed 9-15-2010; Ord. 20180117-07, passed 1-17-2018)
(A) Running at large prohibited. It is unlawful for any person who owns, harbors or keeps a dog or cat, or the parents or the guardians of any such person under 18 years of age, to allow the dog, ferret or cat to run at large. Dogs or cats shall be on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command or by leash, but are permitted in streets or on public land unless the city has posted an area with signs reading “Dogs or Cats Prohibited”.
(B) Cats. All provisions of this chapter apply to cats unless otherwise provided.
(C) Vaccinations.
(1) Dogs, ferrets and cats kept harbored, maintained, or transported within the city must have current vaccinations from a licensed veterinarian for:
(a) Rabies with a live modified vaccine; and
(b) Distemper.
(2) A certificate of vaccination must be kept on which is stated the date of vaccination, owner’s name and address, the animal’s name (if applicable), sex, description and weight, the type of vaccine and the veterinarian’s signature. Upon demand made by the animal control officer or a police officer, the owner must present for examination the required certificate of vaccination for the animal. If certificates are not presented, the owner or keeper of the animal will have seven days in which to present the certificate to the animal control officer or police officer. Failure to do so is a violation of this chapter.
(Prior Code, § 911.03) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008; Ord. 2010-05, passed 9-15-2010; Ord. 20180117-02, passed 1-17-2018) Penalty, see § 90.99
(A) General. It is unlawful for a person to own, possess, harbor or offer for sale, a non-domestic animal within the city limits. This section does not apply to animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the city as part of a veterinarian clinic or scientific research laboratory. Non-domestic animals may also be brought into the city for other purposes pursuant to division (B) below.
(B) Non-domestic animal permits.
(1) Non-domestic animal event permit. A person may bring a non-domestic animal into the city to be used for wildlife photography or for an exhibition, activity or event that is open to the general public, including, but not limited to, temporary petting zoos located at community events and festivals; provided that, a non-domestic animal permit is obtained for the event in advance from the City Administrator/Clerk-Treasurer. The event permit will be issued for the particular event which must not exceed 21 days. The permit may specify further conditions under which the animals must be kept while within the city.
(a) Application requirements. Applicants for non-domestic animal event permits must be identifiable persons or entities. Applicants must file an application for a permit no less than 48 hours prior to the event. A permit application may be filed less than 48 hours prior to the event if written approval is obtained from the Animal Control Officer or the officer’s designee. The permit application must include the following information:
1. The name, address and telephone number of the applicant and contact information for any of its representatives associated with the event;
2. A description of the event, including the date(s) and time(s);
3. The types and numbers of animals that will be present;
4. A safety plan for the animals and the public. The safety plan must include specific information on how the animals will be restrained or controlled and the training, experience and skills of all person(s) that will be controlling and restraining the animals;
5. The location of the event;
6. Evidence of a surety bond or liability insurance which covers incidences or occurrences involving the animals; and
7. All other reasonable pertinent information as requested by the city.
(b) Notification. Upon issuance of a non-domestic animal event permit, the applicant shall notify all adjacent property owners of the issuance of the permit in a form acceptable to the City Administrator/Clerk-Treasurer prior to the occurrence of the event. The applicant shall provide the city with a copy of the notice that was provided along with a list of person(s) that were notified.
(c) Inspection. The city shall have the authority to investigate the conditions and inspect the site at which the animal(s) will be kept or displayed and to require the production of reasonable veterinary or similar record to the extent deemed necessary to ensure the safety and health of any person or animal.
(d) Security. The applicant shall provide for security so that the animals are observed at all times while they are in the city. Any personnel required as part of the safety plan to protect the animals and the public shall be present at all times and any tools, devices or firearms shall be readily available.
(e) Confiscation. The city may confiscate, order veterinarian care or prevent from exhibition any animal which possesses a threat to public safety, including, but not limited to, animals not current with vaccinations or any animal that is in immediate danger due to cruelty, abuse or neglect.
(2) Educational non-domestic animal permit. Institutions that are accredited by the Association of Zoos and Aquariums or Audubon centers, societies or chapters may bring non-domestic animals into the city to be used for educational purposes; provided that, an educational non-domestic animal permit is obtained from the city. The educational non-domestic animal permit will apply to all educational activities conducted by the particular institution that involve it bringing non-domestic animals into the city during the course of a one-year period. The permit may specify further conditions under which the animal(s) must be kept while within the city.
(a) Application requirements. Applicants for education non-domestic animal permits must be identifiable entities. The permit application shall include the following information:
1. The name, address and telephone number of the applicant and the names and contact information of its representatives responsible for the activities;
2. A general description of the types of educational activities that the applicant will be conducting with the non-domestic animal(s);
3. The types of animals that will be used;
4. A description of how each type of animal will be restrained or controlled and a description of the training, experience and skills of the individual that will be restraining or controlling the animal(s);
5. Evidence of a surety bond or liability insurance which covers incidences or occurrences involving the animals; and
6. All other reasonably pertinent information as requested by the city.
(b) Notification. The applicant must provide the City Administrator/Clerk-Treasurer with at least 24 hours notice prior to the educational activity. The applicant must provide the city with information as to the location of the activity and the number and types of animals that will be brought into the city. If the activity will be taking place on property that contains a private residence, all adjacent property owners must be notified in advance by the applicant.
(3) Permit application fee. An application fee must be paid upon application for a non-domestic animal event permit or educational non-domestic animal permit. The amount of the application fee shall be set from time to time by City Council resolution. The applicant shall also be responsible for any costs incurred by the city in reviewing the permit application.
(4) Permit denial. The City Administrator/Clerk-Treasurer may deny an application for a non-domestic animal permit for any of the following reasons:
(a) Failure by the applicant to comply with or supply any information requested or required by the city;
(b) Falsification by the applicant of any information required or requested by the city;
(c) Previous or current violations by the applicant of any provisions of this chapter; or
(d) Previous or current citations or violations of any local, state or federal law by the applicant relating to cruelty to animals, public safety or animal exhibition.
(5) Revocation. The City Administrator/Clerk-Treasurer may revoke a non-domestic animal permit for any of the following reasons:
(a) Failure by the applicant to comply with the terms of this section or the conditions of the permit;
(b) Falsification by the applicant of any information required by the city;
(c) Current violation by the applicant of any provisions of this chapter;
(d) Violation by the applicant of any local, state or federal law applicable to animals or animal exhibitions; or
(e) Any instance of animal cruelty, abuse or neglect by the applicant within the city.
(6) Appeal. In the event that the City Administrator/Clerk-Treasurer denies an application for a non-domestic animal event permit or educational non-domestic animal permit, the applicant may, upon written request to the City Administrator/Clerk-Treasurer, have the permit application reviewed by the City Council. If the application is for a non-domestic animal event permit, the applicant must request City Council review no less than ten days prior to the event. If the application is for an educational non-domestic animal permit, a request for review must be made within 30 days of the date of denial. If the City Administrator/Clerk-Treasurer’s decision is affirmed by the City Council, the applicant may seek judicial review as permitted by law.
(Prior Code, § 911.05) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008; Ord. 2009-01, passed 4-1-2009) Penalty, see § 90.99
Farm animals may be kept only in a large lot rural zoning district of the city, or on a residential lot of at least ten acres in size, but an animal shelter may not be located within 250 feet of the boundary of an adjoining piece of property. This section does not apply to animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory or a licensed show or exhibition. The keeping of chickens is allowed in accordance with § 90.08 of this chapter.
(Prior Code, § 911.07) (Ord. 00-04, passed 12-1-2000; Ord. 20180117-08, passed 1-17-2018) Penalty, see § 90.99
(A) Running at large. An animal running at large is declared a public nuisance. The Animal Control Officer or any police officer may impound any dog or other animal found running at large and must give notice of the impounding to the owner of the dog or other animal, if known. If the owner is unknown, a notice must be posted at the city office. The notice shall state that if the dog or other animal is not claimed within five business days, it will be sold or otherwise disposed of. Except as otherwise provided in this chapter, it is unlawful to kill, destroy or otherwise cause injury to any animal, including dogs and cats running at large.
(B) Animal bites. An animal that has not been inoculated by a live modified rabies vaccine and which has bitten a person, wherein the skin has been punctured or the services of a doctor are required, must be confined in the city pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of the time if healthy and free from symptoms of rabies, and after payment of all costs by the owner. However, if the owner of the animal elects immediately upon receipt of notice of need for the confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner’s choosing, not outside of the county, and provide immediate proof of the confinement in a manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner’s property.
(C) Reclaiming. Animals conveyed to the pound must be kept, with humane treatment and sufficient food and water for their comfort, at least five business days, unless sooner reclaimed by their owners or keepers as provided by this chapter. In case the owner or keeper desires to reclaim the animal from the pound, the following is required, unless otherwise provided for in this chapter:
(1) Payment of a release fee and receipt of a release permit from City Hall. This release fee is in addition to the release permit fee;
(2) Payment of maintenance costs, as provided by the pound, per day or any part of a day while animal is in the pound;
(3) If a dog is not currently registered with the city, payment of the registration fee is required; and
(4) If a dog designated as dangerous is seized by the city, it may be reclaimed pursuant to the requirements of this chapter and M.S. § 347.54, as it may be amended from time to time.
(D) Unclaimed animals. With the exception of dangerous dogs that have been seized pursuant to M.S. § 347.54, as it may be amended from time to time, at the expiration of five business days from the time an animal is impounded, if the animal has not been reclaimed, the Animal Control Officer may let any person claim the animal by complying with all provisions in this chapter, or cause the animal to be destroyed in a proper and humane manner and properly dispose of the remains thereof. The destruction of dangerous dogs shall be conducted pursuant to the requirements of this chapter and M.S. §§ 347.54 and 347.56, as they may be amended from time to time.
(Prior Code, § 911.01) (Ord. 00-04, passed 12-1-2000; Ord. 2002-01, passed 4-3-2002; Ord. 2008-16, passed 11-19-2008; Ord. 2009-01, passed 4-1-2009; Ord. 2010-05, passed 9-15-2010) Penalty, see § 90.99
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