Chanhassen, Minnesota

Minneapolis, Minnesota

Chanhassen, Minnesota

Code of Ordinances City of Chanhassen Minnesota

2005 Ordinances

Chapter 5 ANIMALS AND FOWL*

__________

*Cross references: Animals in parks, § 14-65.

State law references: Authority of city to regulate animals, M.S. § 412.221, subd. 21.

__________

Article I. In General

Secs. 5-1--5-15. Reserved.

Article II. Dogs and Cats

Division 1. Generally

Sec. 5-16. Reserved.

Sec. 5-17. Interference with enforcement.

Sec. 5-18. Kennel license.

Sec. 5-18.1. Conditions of license.

Sec. 5-18.2. Rules and regulations.

Sec. 5-19. Running at large.

Sec. 5-20. Abandonment.

Sec. 5-21. Destruction.

Sec. 5-22. Waste clean-up.

Secs. 5-23--5-35. Reserved.

Division 2. Rabies Control

Sec. 5-36. Entry powers to enforce.

Sec. 5-37. Vaccination.

Sec. 5-38. Bites--Generally.

Sec. 5-39. Same--Humans bitten.

Sec. 5-40. Same--Other animals bitten.

Secs. 5-41--5-50. Reserved.

Division 3. License

Sec. 5-51. Required.

Sec. 5-52. Application.

Sec. 5-53. Fee.

Sec. 5-54. Term.

Sec. 5-55. Receipts and tags.

Sec. 5-56. Inspections.

Secs. 5-57--5-70. Reserved.

Division 4. Impoundment

Sec. 5-71. Generally.

Sec. 5-72. Establishment of city pound; records.

Sec. 5-73. Notice.

Sec. 5-74. Redemption.

Sec. 5-75. Disposition of unclaimed animals.

Division 5. Dangerous Animals

Sec. 5-76. Definitions.

Sec. 5-77. Regulation of dangerous animals.

Sec. 5-78. Registration.

Sec. 5-79. Penalty.

Secs. 5-80--5-85. Reserved.

Article III. Horses

Division 1. Generally

Sec. 5-86. Definitions.

Sec. 5-87. Running at large.

Sec. 5-88. Existing stables.

Sec. 5-89. Cruel and inhumane treatment.

Secs. 5-90--5-100. Reserved.

Division 2. Stable Permits

Sec. 5-101. Required.

Sec. 5-102. Application.

Sec. 5-103. Inspection of premises.

Sec. 5-104. Conditions required for issuance.

Sec. 5-105. Annual registration.

Sec. 5-106. Revocation.

Sec. 5-107. Reserved.

ARTICLE II. DOGS AND CATS

DIVISION 1. GENERALLY

Sec. 5-16. Reserved.

Editor's note: Ord. No. 350, adopted Nov. 24, 2003, repealed § 5-16, which pertained to definitions and derived from Ord. No. 24-C, §§ 1, 19, adopted July 12, 1976; Ord. No. 24-D, § 1, adopted Aug. 2, 1982; Ord. No. 247, § 4, adopted Mar. 11, 1996; and Ord. No. 304, § 1, adopted June 26, 2000. See § 1-2 for definitions.

Sec. 5-17. Interference with enforcement.

It shall be unlawful for any person to break open the pound or to attempt to do so, or to take or let out any dog or cat therefrom, or to take or attempt to take from any officer any dog or cat taken up by him in compliance with this article, or in any manner to interfere with or hinder such officer in the discharge of his duties under this article.

(Ord. No. 24-C, § 14, 7-12-76)

Sec. 5-18. Kennel license.

(a)     License required. No person shall maintain a private or commercial kennel in the city without a license. No license shall be required for a private kennel consisting of cats, if the kennel is located on a tract or parcel of land being used for agriculture as that term is defined in the zoning ordinance, and if the cats are kept for rodent control purposes incident to the agricultural use of the tract or parcel of land.

(b)     License; application. Application for a kennel license shall be made on forms provided by the city manager. The application shall contain:

(1)     A description of the property to be used;

(2)     The names and addresses of the owner, lessee, if any, and the operator or manager;

(3)     The names, residences and addresses of two persons, residents of Carver or Hennepin Counties, who are familiar with the applicant's, the manager's or operator's character;

(4)     Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; and

(5)     The names, phone numbers and addresses of those persons who will be from time to time designated as a contact person as required by subsection 5-18.2(b).

(6)     Such other information as may be required by the city manager.

If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the city with their application, documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. Applications shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof.

(c)     License fees and license year. The application and license fee shall be as established in chapter 4 of this Code. The application, investigation, and license fees shall be paid when the application is filed. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times. Licenses shall expire on the December 31 following the issuance of the license. Applications to renew an existing license must be submitted by December 1.

(d)     Granting or denial of licenses. License applications shall be reviewed by such departments as the city manager shall direct. The review shall include an inspection of the premises covered by the application to determine whether the premises conform to all requirements of this Code. Licenses shall be granted or denied by the city manager subject to the provisions of this chapter. The city manager shall approve the license if the provisions of the Code are met or deny the license if they are not met.

(e)     Revocation, suspension and renewal of license. The license may be revoked, suspended or not renewed by the city manager upon a showing that the licensee, its owner, manager, employee or agent has engaged in:

(1)     Fraud, deception or misrepresentation in connection with the securing or retaining the license.

(2)     Any conduct which would constitute grounds for refusal to issue a license under this chapter.

(3)     Any conduct constituting a violation of any of the rules and regulations provided for under this chapter.

(4)     Any conduct constituting a violation of any provision of a conditional use permit or other zoning restriction.

(5)     Any conduct constituting a nuisance.

(f)     Appeal. The licensee may appeal a denial, suspension, revocation or nonrenewal to the city council. The licensee must file with the city clerk a notice of appeal within ten days of a revocation, suspension or nonrenewal. The council shall consider the appeal at a regularly or specially scheduled council meeting on or after 15 days from service of the notice of appeal upon the city clerk by the licensee. Hearing on the appeal shall be open to the public and the licensee shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the council may order:

(1)     The revocation, suspension or nonrenewal of the license.

(2)     The revocation, suspension or nonrenewal by the city manager be lifted and the license be returned to the licensee.

(3)     Additional terms, conditions and stipulations to be imposed on the licensee to mitigate problems.

(Ord. No. 24-C, §§ 20.01, 20.02, 7-12-76; Ord. No. 350, § 2, 11-24-03; Ord. No. 374, § 1, 4-26-04)

Cross references: Licenses, permits and miscellaneous business regulations, Ch. 10.

Sec. 5-18.1. Conditions of license.

(a)     No license shall be issued if the applicants have been convicted of any offense involving cruelty to animals, the operation of kennels, or animal related nuisances.

(b)     No licenses shall be issued to applicants who have, within one year prior to the date of application, been denied licensure or who have, within such period, had a same or similar license revoked.

(c)     No licenses shall be issued to applicants who have failed to provide all of the information requested in the application, to pay the full license fee, or to cooperate with the city in review of the application.

(d)     Licenses shall not be issued if the facilities or property fails to meet any provision in a conditional use permit or other zoning restriction.

(Ord. No. 247, § 5, 3-11-96; Ord. No. 374, § 1, 4-26-04)

Editor's note: Section 5 of Ord. No. 247, adopted Mar. 11, 1996, amended the Code by adding § 5-22. In order to keep like provisions together, such new provisions were included as § 5-18.1 at the discretion of the editor.

Sec. 5-18.2. Rules and regulations.

(a)     All licensed kennels must operate according to the following rules and regulations.

(1)     The licensee shall permit and allow the inspection of the premises during business hours by all appropriate city employees.

(2)     Land upon which dogs are to be sheltered must be surrounded by a sturdy fence which will keep dogs confined.

(3)     Housing and shelter must be provided which will keep animals comfortable and protected from the elements, and housing or shelter shall be so located as not to create a nuisance.

(4)     Accumulations of feces shall be located at least 200 feet from any well.

(5)     All accumulations of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly.

(6)     All dogs and cats shall be housed indoors overnight (from 10:00 p.m. to 6:00 a.m.).

(7)     The following regulations apply to the site's animal quarters:

a.     Indoor housing facilities must be structurally sound with ample heat, light, and ventilation.

b.     Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain, and snow.

c.     If animals are confined by chains, such chains must be attached so as not to become entangled with chains of other dogs.

d.     Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition.

e.     The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures.

(8)     Disposal facilities are provided to minimize virus infestation, odors and disease hazards.

(9)     Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration.

(b)     In addition to the requirements of subsection 5-18.2(a), commercial kennels shall also operate according to the following rules and regulations:

(1)     The licensed facility must at all times have a designated contact person available. The designated contact person must be available to correct and mitigate violations of this chapter and the Code whenever they occur. The licensee shall notify the sheriff's office in writing of the designated contact person along with contact information. The licensee shall notify the sheriff's office in writing of any change in the contact person.

(2)     Housing enclosures for dogs and cats shall be at least 200 feet from any neighboring residential structure used for human habitation.

(3)     No commercial kennel permit shall be issued for a lot of less than one acre.

(4)     All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property.

(5)     Facility employees shall ensure that dogs are not allowed to create noise in violation of the City Code. When a citizen complaint is received, facility employees must make affirmative steps to reduce animal noise including but not limited to bringing dogs to indoor areas.

(6)     Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such screening and buffering may be accomplished by using berms, fencing, a green belt planting strip (evergreens), or natural topography.

(Ord. No. 374, § 2, 4-26-04)

Sec. 5-19. Running at large.

No dog or cat shall be allowed by its owner to run at large. The police or animal control officers of the city shall take up and impound any dog or cat found at large in violation of this section.

(Ord. No. 24-C, § 12, 7-12-76)

Sec. 5-20. Abandonment.

No person shall abandon any dog or cat within the city.

(Ord. No. 24-C, § 21, 7-12-76)

Sec. 5-21. Destruction.

(a)     A court of proper jurisdiction may issue a summons directed to the owner or custodian of a dog or cat commanding him to appear before the court to show cause why the animal should not be seized and destroyed by any police or animal control officer, or otherwise disposed of in the manner authorized in this article upon sworn complaint being made to the court that any one of the following facts exist:

(1)     The animal at any time has destroyed property or habitually trespasses in a damaging manner on property of persons other than the owner;

(2)     The animal has attacked or bitten a person outside the owner's or custodian's premises;

(3)     The animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public rights-of-way or highways;

(4)     The animal is a nuisance as defined; or

(5)     The animal is running at large in violation of this article.

(b)     The summons shall be returnable not less than two or more than six days from the date of service thereof and shall be served at least two days before the time of the appearance mentioned therein. Upon hearing and finding the facts true as complained of, the court may either order the animal destroyed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order any police or animal control officer may impound or destroy any animal described in such order.

(c)     Costs of the proceedings authorized by this section shall be assessed against the owner or custodian of the animal if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue.

(Ord. No. 24-C, § 22, 7-12-76)

Sec. 5-22. Waste clean-up.

The owner or a person having control of a dog shall immediately remove any feces left by the dog not left on property of the dog owner or the person in control of the dog. A person walking a dog off the owner's property must have in their possession equipment for picking up and removing the feces.

(Ord. No. 305, § 1, 7-10-00)

Secs. 5-23--5-35. Reserved.

DIVISION 2. RABIES CONTROL

Sec. 5-36. Entry powers to enforce.

Any police or animal control officer of the city may enter upon the private property of any person in pursuit of any animal under probable cause to believe that such animal has bitten a person or animal, or that such animal is rabid.

(Ord. No. 24-C, § 24, 7-12-76)

Sec. 5-37. Vaccination.

(a)     No license shall be granted for any dog or cat which does not have a valid vaccination against rabies for the calendar year in which the license is to be issued. A valid vaccination shall be deemed to be one year for cats and one year for dogs vaccinated with a modified live vaccine; the period of immunity may be extended to no more than 36 months for dogs vaccinated with a modified live vaccine upon written certification by a licensed veterinarian in the state stating that the immunity is in excess of the periods herein stated. The veterinarian shall state on the certificate of vaccination the type of vaccine used. If not stated, it shall be assumed that the vaccine is a killed viral vaccine.

(b)     Vaccinations shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the city shall complete a certificate of vaccination in triplicate. One copy shall be issued to the animal owner for affixing to the license application, and one copy shall be retained in the veterinarian's file.

(Ord. No. 24-C, § 18, 7-12-76)

Sec. 5-38. Bites--Generally.

Except as expressly authorized by statute, it shall be unlawful for any person other than an officer or agent of the city acting pursuant to this article to destroy any dog or cat which has bitten any person or animal unless such dog or cat has been determined to be or is rabid.

(Ord. No. 24-C, § 26, 7-12-76)

Sec. 5-39. Same--Humans bitten.

(a)     Notwithstanding section 5-38, whenever any person owning, possessing or harboring any dog or cat within the city shall learn that such animal has bitten any human being, such person shall immediately impound such animal for a period of ten days separate and apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is found to be rabid, it shall be destroyed. If the owner can provide current proof of rabies shots, the owner may institute home quarantine for the ten-day period. As part of the home quarantine, the owner would need to keep the animal separate and indoors, may only take the animal outside on a leash accompanied by an adult to urinate and defecate.

(b)     The owner shall notify the city police and animal control officer of such impoundment.

(c)     If the owner cannot be advised of the animal bite within the two hours following the occurrence, or if the owner fails to impound the animal as required by this section, the city police or animal control officers shall cause such animal to be so impounded. If the animal is found to be rabid, it shall be destroyed. If it is found not to be rabid, it shall be returned to the owner provided the owner shall first pay for the cost of keeping said animal. If the owner does not pay such cost within five days after he has been notified to claim or retrieve his animal, the animal may be disposed of as provided in this article.

(Ord. No. 24-C, § 27.01, 7-12-76; Ord. No. 350, § 3, 11-24-03)

Sec. 5-40. Same--Other animals bitten.

Any dog or cat known to have been bitten or exposed to rabies shall be impounded and destroyed; provided, however, that such animal may be immediately destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner makes provision for suitable quarantine for a period of not less than six months, or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner.

(Ord. No. 24-C, § 27.02, 7-12-76)

Secs. 5-41--5-50. Reserved.

DIVISION 3. LICENSE

Sec. 5-51. Required.

No owner shall keep a dog or cat within the city without a license issued by the city.

(Ord. No. 24-C, § 2, 7-12-76)

Sec. 5-52. Application.

Application for a dog or cat license shall be made to the city upon a form furnished by the city. The applicant shall furnish the information required by the form.

(Ord. No. 24-C, § 2, 7-12-76)

Sec. 5-53. Fee.

The annual fee for a dog or cat license shall be established in chapter 4 of this Code. It shall be the duty of each owner of a dog or cat to pay the license fee each year to the city in the month the rabies vaccination was given, or upon acquiring ownership or possession of any unlicensed animal or upon establishing residence in the city. Owners of dogs or cats that are not licensed in accordance with this division shall pay a late fee in the amount established by resolution except if the animal has been impounded and not licensed, in which case section 5-54 shall govern.

(Ord. No. 24-C, §§ 2, 3, 16, 7-12-76; Ord. No. 350, § 4, 11-24-03)

Sec. 5-54. Term.

Dog or cat licenses shall expire annually following their issuance on the anniversary date the rabies vaccination was given.

(Ord. No. 24-C, § 2, 7-12-76; Ord. No. 350, § 5, 11-24-03)

Sec. 5-55. Receipts and tags.

(a)     Upon payment of the license fee, the owner of a licensed dog or cat shall be furnished a suitable tag. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog or cat so licensed in a manner that the tag may easily be seen by the officers of the city. The owner shall see that the tag is constantly worn by the dog or cat.

(b)     Tags are not transferable from one animal to another.

(c)     In case any animal tag is lost, a duplicate may be issued by the city upon presentation of a receipt showing the payment of the license fee for the current year. A charge in the amount established by resolution shall be made for each duplicate tag.

(d)     It shall be unlawful to counterfeit or attempt to counterfeit tags provided for in this section or take from any animal a tag legally placed upon it by its owner, or to place such tag upon another animal.

(Ord. No. 24-C, §§ 4, 9, 15, 16, 7-12-76; Ord. No. 350, § 6, 11-24-03)

Sec. 5-56. Inspections.

To enforce this division, police and animal control officers of the city are authorized to enter upon any private premises where they have reasonable cause to believe there is an unlicensed dog or cat.

(Ord. No. 24-C, § 5, 7-12-76)

Secs. 5-57--5-70. Reserved.

DIVISION 4. IMPOUNDMENT

Sec. 5-71. Generally.

The police and animal control officers of the city are authorized to take up and impound any dog or cat found at large in the city.

(Ord. No. 24-C, § 5, 7-12-76)

Sec. 5-72. Establishment of city pound; records.

The city may construct and maintain an animal pound, or the city council may designate as the animal pound a suitable kennel. The animal control officer shall keep accounts of all animals impounded at the city pound and their disposition, and shall turn over such accounts to the city clerk upon request.

(Ord. No. 24-C, § 11, 7-12-76)

Sec. 5-73. Notice.

(a)     Posting or giving. Upon taking up and impounding any dog or cat, the animal control officer may within 24 hours thereafter post in one or more conspicuous places in the city, a notice of impounding. If the owner of the dog or cat is known, written notice of impounding, in lieu of posted notice, shall be given the owner either by mail or personal service. The date of sale or other disposition of the animal shall be five days after the posting or giving of the notice.

(b)     Euthanizing animals. Notwithstanding any other provision herein, an animal control officer may immediately kill any dog, cat, or other animal under the following circumstances:

(1)     The animal is reasonably believed to be diseased, vicious or dangerous and cannot be impounded without substantial risk to the safety of the officer; or

(2)     The animal is reasonably believed to be mortally injured or diseased.

(Ord. No. 24-C, § 6, 7-12-76; Ord. No. 183, § 1, 3-22-93)

Sec. 5-74. Redemption.

(a)     Any dog or cat may be redeemed from impoundment by the owner, within the time stated in the notice of impounding, upon payment of the license fee, a late fee for the license in the amount established by resolution if unpaid, the impounding fees, and all other costs and charges incurred by the city for impounding and maintenance of said animal. The impounding fees shall be as established by resolution.

(b)     Upon the presentation of a correct license tag and a receipt for an animal license fee for the current year and for the required fees, the animal control officer shall release to any owner the animal claimed by him.

(Ord. No. 24-C, §§ 7, 8, 7-12-76; Ord. No. 24-D, § 2, 8-2-82; Ord. No. 24-E, § 1, 2-10-86)

Sec. 5-75. Disposition of unclaimed animals.

Any dog or cat which is not claimed as provided in section 5-74, within five days after impounding, may be sold for not less than the amount provided in section 5-54 to anyone desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall be painlessly disposed of and buried by the animal control officer. Whenever any licensed educational or scientific institution shall request, pursuant to state law, any impounded animal for research purposes, any such impounded animal remaining unclaimed for five days after impounding shall be surrendered to such institution.

(Ord. No. 24-C, § 10, 7-12-76)

DIVISION 5. DANGEROUS ANIMALS

Sec. 5-76. Definitions.

As used in this section, "dangerous animal" means:

(1)     Any animal with a known propensity or disposition to unprovoked attacks, to cause injury to or to otherwise endanger the safety of humans or other domestic animals.

(2)     Any animal that has attacked or bitten any person, except a person that has tormented or abused it.

(Ord. No. 81, § 1, 10-5-87)

Sec. 5-77. Regulation of dangerous animals.

Ownership of dangerous animals within the city, with the exception of ownership by a public law enforcement agency, is subject to the following regulations:

(1)     Leash and muzzle. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length, if possible, or otherwise physically restrained. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all dangerous animals on a leash outside the animal's kennel or pen must be muzzled, if possible, by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(2)     Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3)     Confinement indoors. No dangerous animals may be kept in any part of a house or structure such as a porch or patio that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(4)     Signs. All owners of dangerous animals within the city shall, within 30 days of the effective date of this division display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dangerous Animal" or similar words. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(Ord. No. 81, § 1, 10-5-87)

Sec. 5-78. Registration.

All dangerous animals must be registered with the Carver County sheriff's department within 60 days after the effective date of this division.

(Ord. No. 81, § 1, 10-5-87; Ord. No. 350, § 7, 11-24-03)

Sec. 5-79. Penalty.

It shall be a misdemeanor for the owner of a dangerous animal to fail to comply with the requirements and conditions set forth in this division. Any animal found to be the subject of a violation of this division shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal requiring the immediate removal of the animal from the city.

(Ord. No. 81, § 1, 10-5-87)

Secs. 5-80--5-85. Reserved.

ARTICLE III. HORSES

DIVISION 1. GENERALLY

Sec. 5-86. Definitions.

In this article, "horse" includes horses, colts, ponies, mules, burros, or llamas.

(Ord. No. 56, § 2, 2-17-75; Ord. No. 241, § 1, 7-24-95)

Sec. 5-87. Running at large.

(a)     No horse shall be permitted to run outside the confines of the stable area or enclosed real property of the person who maintains and stables the horse. Any person who maintains and stables horses within the city and who allows and permits a horse to escape from a confined area shall be liable for the charges to the city to recover the animal, which shall be at least $25.00.

(b)     The escape of a horse necessitating recovery by agents or employees of the city shall automatically suspend the permit to keep horses within the city of the person who maintains and stables the horse until the stable inspector has reinspected the premises for the keeping of horses and the owner has made payment for the inspection.

(Ord. No. 56, § 9, 2-17-75; Ord. No. 241, § 2, 7-24-95)

Sec. 5-88. Existing stables.

(a)     Persons maintaining or stabling horses as of April 24, 1975, shall comply with all provisions of this article except the requirements of sections 5-104, subsections (a)(1), (a)(2) and (a)(4). The previous sentence notwithstanding, it shall be unlawful for such persons or their heirs and assigns to:

(1)     Enlarge, alter or increase the area of any horse housing enclosure not meeting the standards set forth in section 5-104(a)(4); or

(2)     Increase the number of horses beyond the number of horses stabled on the subject premises as of April 25, 1975.

Maintenance, necessary nonstructural repairs and incidental alterations of such housing enclosure shall nonetheless be permitted, provided that such maintenance, repairs or alterations do not extend, enlarge or intensity the housing enclosure.

(b)     Any exemption under this section from the provisions of section 5-104, subsctions (a)(1), (a)(2) and (a)(4) is void:

(1)     Upon the subdivision, platting or replatting of the subject parcel of land for which a stable permit is required; or

(2)     In the event that the use of the parcel of land for the maintaining and stabling of horses is discontinued for a continuous period of more than one year.

(Ord. No. 56, § 10, 2-17-75; Ord. No. 241, § 3, 7-24-95)

Sec. 5-89. Cruel and inhumane treatment.

(a)     Cruel and inhumane treatment of horses shall exist where a person fails to provide adequate care to horses. Adequate care includes but is not limited to, the following:

(1)     Horses must be provided with food of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Feed standards shall be those recommended by the National Research Council.

(2)     Horses must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water source.

(3)     Horses must be provided a minimum of free choice protection or constructed shelter from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind and from freezing precipitation. Natural or constructed shelters must be of sufficient size to provide the necessary protection. Constructed shelters must be structurally sound, free of injurious matter, maintained in good repair, and ventilated.

(4)     Constructed shelters except for tie stalls must provide space for the animal to roll with a minimum danger of being cast. Stalls must be cleaned and kept dry to the extent the animal is not required to lie or stand in fluids. Bedding must be provided in all stalls, kept reasonably clean, and periodically changed. The nature of the bedding must not pose a health hazard to the animal.

(5)     Horses must be provided opportunity for periodic exercise, either through free choice or through a forced work program, unless exercise is restricted by a licensed veterinarian.

(6)     All horses must have their hooves properly trimmed periodically to prevent lameness.

(7)     A vehicle used to transport a horse must have a floor capable of supporting the animal's weight safely. Floors must be of nonskid construction or of nonskid material sufficient to provide the animal with traction while in transport. A minimum of 12 inches must be allowed between the withers of the largest horse and the structure above the animal while it is in a natural standing position. Sturdy partitions must be provided at a minimum of approximately every ten feet inside the vehicle. Interior compartments of transporting vehicles must be of smooth construction with no protruding of [or] sharp objects and must provide ventilation. Food and water must be provided in sufficient quantities to minimize stress and maintain hydration.

(b)     No person shall treat a horse in a cruel or inhumane manner.

(Ord. No. 241, § 4, 7-24-95)

Secs. 5-90--5-100. Reserved.

DIVISION 2. STABLE PERMITS

Sec. 5-101. Required.

No person shall maintain or stable horses in the city without a permit issued by the city.

(Ord. No. 56, § 2, 2-17-75)

Sec. 5-102. Application.

Application for the permit required by this division shall be made to the city upon a form furnished by the city. A nonrefundable application fee in the amount established by resolution shall be paid to the city when the application is filed.

(Ord. No. 56, §§ 2, 3, 2-17-75)

Sec. 5-103. Inspection of premises.

The stable inspector shall inspect the premises of those seeking a stable permit and shall approve an application that is in compliance with this chapter or disapprove applications that are not in compliance with this chapter for permits under this division.

(Ord. No. 56, § 4, 2-17-75; Ord. No. 241, § 5, 7-24-95)

Sec. 5-104. Conditions required for issuance.

(a)     A stable permit shall be issued by the city clerk upon approval by the stable inspector if the following conditions are met.

(1)     Minimum acreage for two horses shall be one and one-half acres, and for three horses shall be two acres, and an additional one-third acre shall be required for each additional horse.

(2)     No stable permit shall be issued for a lot of less than one acre.

(3)     Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within.

(4)     A shelter or stabling facility which will keep the animal or animals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than 100 feet from any structure other than the applicant's, which is used for residential purposes.

(5)     The shelter or stabling facility shall be so located so as not to create a public nuisance.

(6)     The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects.

(7)     Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water.

(8)     Accumulations of manure shall be located at least 100 feet from any well.

(9)     All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly.

(10)     The shelter structure shall be a minimum of 200 feet from any wetland.

(Ord. No. 56, §§ 5, 11, 2-17-75; Ord. No. 241, § 6, 7-24-95; Ord. 350, § 8, 11-24-03)

Sec. 5-105. Annual registration.

(a)     The holder of a stable permit shall register annually with the city by completing and submitting an application form as provided in section 5-102, based on the current status of the stable under permit, by June 1 of each year. Upon filing the application form, the holder shall pay to the city a nonrefundable inspection fee in the amount established by resolution.

(b)     Failure to annually register with the city as required will result in automatic cancellation of the stable permit. The holder of a canceled stable permit shall be required to make application for a new stable permit; the subject premises shall be inspected as provided by section 5-103; and in no event shall the city issue a new stable permit to the holder except upon approval by the stable inspector.

(Ord. No. 56, § 6, 2-17-75; Ord. No. 241, § 7, 7-24-95)

Sec. 5-106. Revocation.

A permit issued pursuant to this division may be revoked by the stable inspector if it is determined, after investigation by the stable inspector or a designated employee and after holding a hearing thereon, proceeded by notice of the hearing to be given to the holder of the permit mailed to the address shown on the application or most recent annual registration statement at least ten days prior to the hearing, that:

(1)     The permit holder has not maintained the standards set forth in section 5-104;

(2)     The winter accumulation of manure is not removed from the stabling area prior to May 1 of each year or as soon as is practicable thereafter;

(3)     The permit holder failed to make a reasonable effort to keep the horse, or horses, under control and contained within the applicant's stabling area;

(4)     The permit holder has treated a horse cruelly or inhumanely or has not furnished adequate care to a horse as set forth in section 5-89.

(5)     The horses are kept, stabled, boarded, or harbored in such a manner as to constitute a public nuisance; or

(6)     The accumulation of manure presents a hazard to public health.

(Ord. No. 56, § 7, 2-17-75; Ord. No. 241, § 8, 7-24-95)

Sec. 5-107. Reserved.

Editor's note: Ord. No. 350, § 9, adopted Nov. 24, 2003, repealed § 5-107, which pertained to violations of this article and derived from Ord. No. 241, § 9, adopted July 24, 1995.

Minneapolis, Minnesota

Code of Ordinances City of Minneapolis Minnesota

Title 4 ANIMALS AND FOWL*

__________

*Cross references: Molesting or trapping birds or wildlife in parks and parkways, §§ PB2-8, PB2-9; dogs and other domestic animals in parks, § PB2-18.

__________

Ch. 62. In General, §§ 62.10--62.80

Ch. 64. Dogs and Cats, §§ 64.10--64.140

Ch. 65. Ferrets, §§ 65.10--65.40

Ch. 66. Rabies Control, §§ 66.10--66.70

Ch. 68. Pet Shops, Kennels, Etc., §§ 68.10--68.90

Ch. 70. Fowl, Pigeons, Rabbits and Other Small Animals, §§ 70.10--70.70

Ch. 72. Diseased, Injured or Dead Animals, §§ 72.10--72.60

Ch. 74. Miscellaneous Regulations, §§ 74.10--74.110

Ch. 76. Stables, §§ 76.10--76.90

CHAPTER 62. IN GENERAL

62.10. Enforcement by department of health. The department of health shall enforce the provisions of Chapters 64 and 66. (Code 1960, As Amend., § 812.010; Ord. of 6-13-75, § 2)

62.20. Animal control officer; animal wardens. The commissioner of health may appoint or designate an inspector to be detailed as animal control officer to enforce the provisions of this chapter and to perform such duties in connection with the enforcement thereof as the commissioner of health or the Code of Ordinances may direct. The commissioner of health may employ, at such times as he or she may deem necessary, persons to be designated as animal wardens and equipment for the purpose of capturing and conveying to an animal pound all animals in violation of this Code. Such animal wardens shall be under the supervision of the animal control officer and the commissioner of health. Such animal wardens are authorized to issue violation tags and to carry and display appropriate badges or identification. (Code 1960, As Amend., § 812.020; Ord. of 6-13-75, § 2)

62.30. Interfering with animal wardens. No person shall in any manner molest, hinder or interfere with the commissioner of health, his or her agents, any police officer, or any animal warden employed directly or by contract with the city to capture animals and convey them to the animal pound while such person is engaged in such occupation. (Code 1960, As Amend., § 812.030; Ord. of 6-13-75, § 2)

62.40. Release from shelter. (a) All animals conveyed to the shelter shall be kept with kind treatment and sufficient food and water for their comfort, at least five (5) days, unless sooner reclaimed by their owner as herein provided. Any animal who has not bitten or been bitten and is thereby subject to the provisions of Chapter 66 may be released upon payment of a fifty dollar ($50.00) impoundment fee, for the first impoundment within a twelve (12) month period, and upon furnishing of proof of a license or purchasing a license and upon showing a certificate of vaccination as required by sections 66.10, 66.20, and 66.25 or agreeing in writing to obtain such a certificate of vaccination within seven (7) days of release. The second impoundment fee within a twelve (12) month period shall be seventy-five dollars ($75.00). The third impoundment fee within a twelve (12) month period shall be one hundred dollars ($100.00). If a license is purchased, an additional ten dollar ($10.00) penalty fee will be charged unless such purchase constitutes a renewal within the time allowed in section 64.30.

(b)     In addition to subsection (a), the owner of any animal which is lawfully impounded shall pay all fees and expenses related to such impoundment whether or not the animal is claimed. These fees include, but are not limited to, vaccination, examination, any medical treatment fees for the animal, and board costs of fifteen dollars ($15.00) per calendar day.

(c)     Upon redemption of any lawfully impounded dog or cat over six (6) months of age found at large and not previously sterilized, the owner shall deposit with the animal control shelter a sterilization deposit fee. The fee shall be set by the director of licenses and consumer services and shall be in addition to any other redemption fees set forth in subsections (a) and (b). Such sterilization deposit shall be fully refundable upon proof that the animal has been sterilized by a licensed veterinarian within forty-five (45) days of the redemption date. Such sterilization deposit shall also be refundable if the owner submits, within forty-five (45) days, a written certification from a licensed veterinarian stating that, due to health considerations, the animal should not be sterilized. The deposit required by this section shall be forfeited to the city if such proof of sterilization or written certification has not been presented to animal control within the specified period. (Code 1960, As Amend., § 812.040; Ord. of 6-13-75, § 2; 81-Or-274, § 1, 11-13-81; 2000-Or-005, § 1, 1-21-00; 2002-Or-154, § 1, 10-11-02; 2004-Or-091, § 1, 8-20-04)

62.50. Disposal of unclaimed animals. At the expiration of five (5) days from the time any animal is impounded, if the same has not been reclaimed in accordance with the provisions of the preceding sections, the animal control officer shall cause such animal to be disposed of in accordance with the provisions of federal law and state statutes governing the operation of pounds or kennel facilities. (Code 1960, As Amend., § 812.050; Ord. of 6-13-75, § 2)

62.60. Records. The animal control officer shall keep an accurate account of all animals received at the pound, and of all animals disposed of or released therefrom. (Code 1960, As Amend., § 812.060; Ord. of 6-13-75, § 2)

62.70. Dispersal of fees. The commissioner of health shall pay over monthly to the city finance officer all moneys received for the releasing of animals from the pound. (Code 1960, As Amend., § 812.070; Ord. of 6-13-75, § 2; Pet. No. 248858, § 1, 3-31-89)

62.80. Appropriation for animal pound. There shall be included in the annual appropriation for the department of health, sufficient funds to pay the expense of maintaining the animal pound and employing persons to capture and convey animals to such pound and other expenses incident to the enforcement of this title. (Code 1960, As Amend., § 812.080; Ord. of 6-13-75, § 2)

Charter references: Authority to provide for pounds, Ch. 4, § 5(10).

CHAPTER 64. DOGS AND CATS*

__________

*Cross references: Dogs in parks, § PB2-18.

__________

64.10. License required. No person shall keep, harbor, or maintain care, custody, or control over any dog or cat over four (4) months of age, for a period in excess of five (5) days, without first having obtained a dog or cat license from the department of licenses and consumer services. This section shall not apply to any premises maintained by a licensed veterinarian or a licensed pet shop operator. Every person convicted of a violation of this provision shall be punished by a fine of not more than one hundred dollars ($100.00). (Code 1960, As Amend., § 810.010; Ord. of 6-13-75, § 2; 83-Or-181, § 1, 7-29-83; 86-Or-113, § 1, 5-23-86)

Charter references: Authority to require dog license, Ch. 4, § 5(8).

64.20. Collars and tags required. Every person required to obtain a dog or cat license under this chapter shall place and keep around the neck of the dog or cat a permanent-type collar to which shall be securely attached the metallic license tag issued at the time the license was applied for. No person shall make, sell, purchase, possess, place or allow to be placed on any dog or cat any metallic tag of the same form, shape, or appearance as the official metallic license tag. (Code 1960, As Amend., § 810.020; Ord. of 6-13-75, § 2; 86-Or-113, § 2, 5-23-86)

64.30. License application and fee. Every person required to obtain a dog license under this chapter shall make application to the department of licenses and consumer services for a dog license which shall expire on January thirty-first next after the issuance. The annual fee for such a license shall be thirty dollars ($30.00) for unspayed or unneutered dogs, and fifteen dollars ($15.00) for spayed or neutered dogs or puppies under eight (8) months of age. Every person required to obtain a cat license under this chapter shall make application to the department of licenses and consumer services for a cat license which shall expire on January thirty-first next after the issuance. The annual fee for such a license shall be thirty dollars ($30.00) for unspayed or unneutered cats, and fifteen dollars ($15.00) for spayed or neutered cats or kittens under eight (8) months of age. As a condition for the issuance of a dog or cat license, the applicant shall certify that the dog or cat has been vaccinated against rabies in conformance with the requirements of this Code. The department of licenses and consumer services shall provide each dog and cat licensed hereunder with a metallic tag upon which shall be stamped or engraved the register number of the dog or cat and the year registered. The design of such metallic tags shall be changed each year. Dogs in training with or trained by a recognized program with an established curriculum for training dogs for service to persons with disabilities, and dogs and cats awaiting adoption in foster homes under a recognized pet adoption program, shall be exempt from the license fees in this section. To qualify for an exemption, such programs shall be approved by the director of licenses and consumer services.

The department of licenses and consumer services may contract with approved veterinary clinics to receive dog and cat license applications and to remit the application and fee to the department. The department may further contract to pay the veterinary clinics processing the applications two dollars ($2.00) per license to cover administrative expense. (Code 1960, As Amend., § 810.030; Ord. of 6-13-75, § 2; 77-Or-147, § 1, 7-15-77; 81-Or-199, § 1, 7-31-81; 84-Or-241, § 1, 12-28-84; 86-Or-113, § 3, 5-23-86; 86-Or-220, § 1, 9-26-86; 90-Or-014, § 1, 1-26-90; 91-Or-208, § 1, 10-25-91; 96-Or-117, § 1, 11-22-96; 2000-Or-006, § 1, 1-21-00; 2001-Or-164, § 1, 12-28-01)

64.40. Duplicate tags. In case the metallic license tag issued for a dog or cat is lost or stolen, the original applicant upon presenting and surrendering to the department of licenses and consumer services the license or receipt issued when the dog or cat was licensed as herein provided, shall receive a duplicate tag and a duplicate license upon payment of five dollars ($5.00) to the department of licenses and consumer services, which duplicate license shall be issued as the original license. No person shall be granted a duplicate tag and license unless the original tag has been lost or stolen, and the department of licenses and consumer services may, before issuing such duplicate tag and license, require an affidavit to be made and furnished by such applicant for a duplicate tag and license, setting forth the fact that such taghas been lost or stolen and is not at the time in his possession. (Code 1960, As Amend., § 810.040; Ord. of 6-13-75, § 2; 81-Or-199, § 2, 7-31-81; 86-Or-113, § 4, 5-23-86; 2000-Or-006, § 2, 1-21-00)

64.50. Leashing; feces clean up. (a) No person having the custody or control of any dog or animal of the dog kind shall permit the same to be on any unfenced area or lot abutting upon a street, public park, public place or upon any other private land without being effectively restrained from moving beyond such unfenced area or lot; nor shall any person having the custody or control of any dog or animal of the dog kind permit the same at any time to be on any street, public park, school ground, or public place without being effectively restrained by chain or leash not exceeding eight (8) feet in length, except in areas officially designated for off leash activities.

(b)     Any person having the custody or control of any dog or domestic animal shall have the responsibility for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on or about any public place to have in such person's possession suitable equipment for the picking up, removal and sanitary disposal of animal feces. The provisions of this paragraph shall not apply to a guide dog accompanying a blind person or to a service dog accompanying a disabled person or to a dog when used in police or rescue activities. Every person convicted of a violation of this provision shall be punished by a fine of not more than one hundred dollars ($100.00).

(c)     The provisions of this section shall not apply to the ownership or use of Seeing Eye dogs by blind persons, dogs used in police activities of the city, such as the canine corps or tracking dogs used by or with the permission of the city's police department. (Code 1960, As Amend., § 810.080; Ord. of 6-13-75, § 2; 83-Or-181, § 2, 7-29-83; 88-Or-086, 5-13-88; 2000-Or-074, § 1, 7-28-00; 2002-Or-010, § 1, 3-1-02)

Charter references: Authority to prevent dogs at large, Ch. 4, § 5(8).

64.55. Off leash dog areas; permits and regulations. (a) Dogs may be unrestrained by chain or leash in areas designated for off leash activities by the City or Minneapolis Park and Recreation Board. No person shall use a designated off leash area without first having obtained a permit for each dog using such an area from the department of licenses and consumer services. A dog deemed a dangerous animal under section 64.110 of this Code, or as a dangerous or potentially dangerous dog as defined under Minnesota Statute 347.50, is not permitted to use off leash areas.

(b)     The annual fee for an off leash area permit for a resident of the city shall be twenty-five dollars ($25.00) for one (1) dog and fifteen dollars ($15.00) for each additional dog owned by the same person. A resident permit may only be issued upon verification that the dog has been issued a current Minneapolis dog license and verification of rabies vaccination. The annual fee for an off leash area permit for persons residing outside the city shall be fifty dollars ($50.00) for one dog and thirty dollars ($30.00) for each additional dog owned by the same person. A non-resident permit may only be issued upon verification of rabies vaccination. The department of licenses and consumer services shall provide a tag containing a registration number and the year registered for each permit. Permits shall be valid from the time they are issued until January thirty-first next after the date of issuance.

(c)     Upon application for a permit, the applicant shall be provided with the rules for use of off leash areas. As a condition for the issuance of a permit, the applicant shall sign and agree to abide by these rules. A permit may be revoked for failure of the applicant, or any person who takes the dog into an off leash recreation area, to abide by these rules, or for violation of any of the provisions of this chapter or park board ordinances that occur within an off leash area. Permits may be revoked by the director of licenses and consumer services.

(d)     The person responsible for a dog must have the dog restrained when entering and leaving an off leash area. If so directed by a law enforcement officer, animal control officer or animal warden, persons using an off leash area must immediately restrain their dogs and remove them from the off leash area. (2000-Or-074, § 2, 7-28-00)

64.60. Dogs and cats in heat. No person having the custody or control of any female dog or cat shall permit the same to be in any street, alley, or public place while it is in heat, but shall keep such animal confined so that it cannot come in contact with another dog or cat whether on public or private property except for breeding purposes within a building. (Code 1960, As Amend., § 810.060; Ord. of 6-13-75, § 2; 86-Or-113, § 5, 5-23-86)

64.70. Reserved.

Editor's note: Section 1 of 88-Or-087, adopted May 13, 1988, deleted § 64.70 in its entirety, which section pertained to diseased or vicious dogs or cats, and was derived from Code 1960, as amended, § 810.070; ordinance of June 13, 1975, § 2; and 86-Or-113, § 6, adopted May 23, 1986.

64.80. Killing or injuring prohibited; tranquilizing permitted. No person shall kill or injure any dog within the city unless it be in defense of himself or another person. This section shall not apply to veterinarians, or to employees of public dog control agencies, or to employees of private dog control agencies who have contracts with a governmental unit. Any city employee or other person charged by contract with the enforcement of this chapter may use tranquilizing equipment in capturing or controlling vicious dogs or dogs which cannot be otherwise captured or controlled. (Code 1960, As Amend., § 810.080; Ord. of 6-13-75, § 2)

Charter references: Authority to destroy dogs at large, Ch. 4, § 5(8).

64.90. Dogs disturbing the peace. It shall be unlawful for any person to own, keep, have in possession, or harbor any dog which by frequent and habitual howling, yelping, barking, or otherwise, produce noise that unreasonably disturbs the peace, quiet, or repose of a person or persons of ordinary sensibility, provided that the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals. (Code 1960, As Amend., § 810.090; Ord. of 6-13-75, § 2; 86-Or-114, § 1, 5-23-86; Pet. No. 248858, § 2, 3-31-89; 91-Or-034, § 1, 2-22-91)

64.100. Maximum number animals of the dog or cat kind. (a) No owner or caretaker of any residential building shall knowingly allow more than three (3) animals of the dog or cat kind over the age of four (4) months to be kept, harbored or maintained within any residential building or on any residential lot or parcel of property in the city without a permit.

(b)     The number of dogs or cats permitted in subsection (a) may be increased by obtaining a permit issued by the commissioner of health. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the commissioner of health deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a permit may be modified from time to time or revoked by the commissioner for failure to conform to such restrictions, limitations, conditions or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs or cats.

(c)     All permits issued hereunder shall expire on February first next after its issuance unless sooner revoked. The annual fee for such permit shall be twenty dollars ($20.00) which shall be paid at the time of the making of the application therefor. Animal control shall inspect the premises every other year prior to issuing a renewal of the permit. (Code 1960, As Amend., § 810.100; Ord. of 6-13-75, § 2; 85-Or-039, § 1, 2-22-85; 86-Or-113, § 7, 5-23-86; 2000-Or-006, § 3, 1-21-00)

64.110. Dangerous animals. (a) As used in this section, "dangerous animals" may mean and include:

(1)     Any animal which attacks a human being or domestic animal without provocation; or

(2)     Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of humans or other domestic animals; or

(3)     Any animal declared by the animal control officer to be a dangerous animal, as defined herein, or any animal determined to be a dangerous animal under the authority of section 64.120 of this Code.

(b)     No person owning or harboring or having the care or custody of a dangerous animal shall suffer or permit such animal to go unconfined on the premises of such person. A dangerous animal is "unconfined" as the term is used in this section if such animal is not securely confined indoors or confined in a secure enclosure suitably sized for the animal so confined upon the premises of said person. An "enclosure" is secure within the meaning of this section if it is constructed of heavy gauge steel mesh, or other suitable material; consists of a top and sides, with the bottom of such sides fastened along their perimeter to a slab floor of concrete or other suitable material; where no slab floor is provided, the sides must be embedded into the ground no less than one foot; all access points of the enclosure must be locked when the animal is confined therein. Animal control may seize an animal that has been declared dangerous that is unconfined.

(c)     No person owning or harboring, or having the care of a dangerous animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely muzzled and restrained with a chain not exceeding three (3) feet in length, and having a tensile strength sufficient to restrain the animal. Animals which are actively participating in recognized local, regional or national trials, training or other such sponsored competition, need not be muzzled while being transported to or from or during such competition.

(d)     No person shall own or harbor any animal for the purpose of fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals.

(e)     Any person harboring or owning a dangerous animal that is found to be in violation of this ordinance shall be subject to the provisions of section 64.120 of this Code.

(f)     Dogs owned and controlled by local, state and federal law enforcement agencies that are used in law enforcement or related activities are exempt from the provisions of this section.

(g)     Any dog declared dangerous under this ordinance must have a microchip implanted for identification within fifteen (15) days of the date the dog is declared dangerous or the date of a decision in a hearing held pursuant to this chapter, whichever is later. The name of the microchip manufacturer and identification number of the microchip must be provided to animal control. If the microchip is not implanted by the owner, animal control may have a microchip implanted at the owner's expense. All costs related to purchase and implantation of the microchip must be borne by the owner of the dog. Upon request, the owner or custodian of a dangerous dog must make the animal available to animal control for an inspection to determine that a microchip has been implanted.

(h)     The owner or custodian of any dog declared dangerous under this ordinance shall make the dog available to be photographed for identification by animal control at a time and place specified by animal control.

(i)     Animal control may require a dog declared dangerous under this ordinance to be sterilized at the owner's expense within fifteen (15) days of the date the dog is declared dangerous or the date of a decision in a hearing held pursuant to this chapter, whichever is later. If the owner does not have the animal sterilized, animal control may have the animal sterilized at the owner's expense. Upon request, the owner or custodian of a dangerous dog must make the animal available to animal control for an inspection to determine that a dog has been sterilized.

(j)     Animal control may retain custody of any dog declared dangerous pursuant to Minnesota Statutes, Section 347.50 until the dog is duly and properly registered as required by Minnesota Statutes, Section 347.51.

(k)     The owner of any dog declared dangerous must notify animal control in writing of the death of the dog; its transfer to a residence outside the City of Minneapolis; or its transfer within the City of Minneapolis within thirty (30) days of the death or transfer. If requested by animal control the owner must execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred.

(l)     Severability. If any portion of this ordinance should be declared unenforceable, it shall be severed from the ordinance, the remainder of which shall remain in full force and effect. (86-Or-115, 5-23-86; 88-Or-087, § 2, 5-13-88; 88-Or-098, § 1, 5-27-88; 94-Or-035, § 1, 3-10-95; 2002-Or-010, § 2, 3-1-02)

64.120. Disposition of animals. (a) The commissioner of health or the commissioner's agent is authorized to order the destruction or other disposition of any animal which:

(1)     Has bitten one or more persons on two (2) or more occasions, or

(2)     Has caused serious bodily injury or disfigurement to any person, or

(3)     Has engaged in an attack on or exhibited unusually aggressive behavior towards any person or other animal under circumstances which would indicate danger to safety of the person or animal, or

(4)     Is prohibited by or found to be in violation of section 64.110 of this Code, or

(5)     Is prohibited by section 74.50 of this Code.

(b)     The commissioner of health or the commissioner's agent, after having been advised of the existence of such animal as defined above, shall proceed as follows:

(1)     The owner of the offending animal shall be notified in writing as to the reasons the animal is subject to disposition under this section and where applicable, the dates, times, and places, of animals or persons bitten, attacked, injured or disfigured, and shall be given three (3) days to request a hearing for a determination as to the disposition of the animal. If the owner does not request a hearing within three (3) days of the notice, the commissioner shall make appropriate order including destruction or other proper disposition of the animal. The owner must immediately make the animal available to the animal control officer at the time the order is issued for the ordered disposition. The animal control officer is authorized to take the animal subject to the order into custody at the time the order is issued or served.

(2)     If the owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the commissioner at a date not more than ten (10) days after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the commissioner shall make a determination whether or not the animal is dangerous. The commissioner shall make an appropriate order, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition at the time an order is issued. An animal shall not be destroyed by animal control until at least five (5) business days have passed since the issuance of an order for destruction.

(3)     A dangerous animal running at large shall be apprehended and if the animal bears no identification which reasonably reveals its ownership, the animal control officer shall impound the animal until the five-day holding period required by section 62.40, or, if the animal has bitten, the ten-day quarantine period required by section 66.40, is completed. If the animal has not been claimed, it shall be destroyed at the end of the appropriate period. If the animal is claimed, upon payment of kennel fees, it shall be released to the person paying such fees if the commissioner of health does not proceed in accordance with subsection (b)(1) and (2).

(4)     The commissioner of health or the commissioner's agent may apply to the District Court of Hennepin County for subpoenas for hearings under subparagraph (2) above. (88-Or-087, § 3, 5-13-88; 95-Or-035, § 1, 3-10-95; 2002-Or-010, § 3, 3-1-02; 2003-Or-001, § 1, 1-17-03)

64.130. Concealing of dangerous animals. Any person who harbors, hides or conceals an animal found to be dangerous by the commissioner of health which animal has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. (88-Or-087, § 4, 5-13-88)

64.135. Public protection from dogs. Any person owning or having care, control or custody of a dog shall at all times prevent the dog from attacking, biting or otherwise causing injury or attempting to cause injury to any person engaged in a lawful act or causing injury or attempting to cause injury to a domestic animal off the property of the owner. (2002-Or-010, § 4, 3-1-02)

64.140. Dogs and cats purchased or adopted from animal control shelter: spaying or neutering required. (a) When a dog or cat not previously sterilized is sold or released for adoption by the city animal control shelter, the buyer or adopting party must:

(1)     Sign a written agreement to have the dog or cat sterilized. If the dog or cat is less than six (6) months old, the buyer or adopting party shall agree to have the animal sterilized by the age of six (6) months. If the dog or cat is more than six (6) months old, the buyer or adopting party shall agree to have the animal sterilized within thirty (30) days of purchase or adoption; and

(2)     Deposit with the animal control shelter a fee to help cover the cost of sterilization and administration. The fee shall be set by the commissioner of health.

(b)     Upon receipt by the animal control shelter of a signed statement from a veterinarian attesting that the animal has been sterilized, the shelter shall remit the deposited fee, less the administrative fee, to the veterinarian.

(c)     The commissioner of health is authorized to establish a cooperative program to perform sterilizations pursuant to this section before the buyer or adopting party takes custody of an animal. The program may involve sterilizations at the animal control shelter using volunteer veterinarians, or transportation of animals to and from a veterinary hospital for sterilization at that location.

(d)     No person, having agreed in writing to have an animal sterilized pursuant to this section, shall intentionally fail or refuse to have such sterilization performed within the time specified in the agreement. Violation of this subsection is a petty misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00). Further, the commissioner of health or the commissioner's representatives are authorized to seize any animal which the owner has failed to sterilize in accordance with this section and to resell the animal or destroy the animal accordingly. In such a case, the fee deposited with the animal control shelter shall be forfeited.

(e)     Upon written application by the buyer or adopting party, the commissioner of health may waive the provisions of this section requiring sterilization, upon a showing that the animal is a verifiable purebred breeding animal.

(f)     Nothing in this section shall be construed to authorize the commissioner of health to sterilize a dog or cat which has been reclaimed by its owner, or for which the period to reclaim as owner has not expired. (92-Or-138, § 1, 11-6-92)

CHAPTER 65. FERRETS

65.10. License required. No person shall keep, harbor, or maintain care, custody, or control over any ferret without first having obtained a license from the director of operations and regulatory services. This section shall not apply to any premises maintained by a licensed veterinarian or a licensed pet shop operator. (2004-Or-092, § 1, 8-20-04)

65.20. Application for license. (a) Every person required to obtain a license under this chapter shall make written application therefor to the director of operations and regulatory services upon a form that shall require the giving of such information by the applicant as the director may require.

(b)     As a condition for the issuance of a ferret license, the applicant shall certify that the ferret has been vaccinated against rabies in conformance with the requirements of this Code. (2004-Or-092, § 1, 8-20-04)

65.30. Duration of license; fee. (a) All licenses issued hereunder shall expire on January thirty-first next after its issuance unless sooner revoked.

(b)     The annual fee for a license shall be twenty dollars ($25.00) which shall be paid at the time of the making of the application. (2004-Or-092, § 1, 8-20-04)

65.40. Conditions for keeping ferrets; revocation of license. The director may prescribe general conditions for the keeping of ferrets as in the director's judgment is necessary to safeguard public health and the general welfare. Subject to a hearing, if requested within five (5) days of the notification, to be held within ten (10) days of the request, the director may revoke any license granted pursuant to this chapter if any such condition is violated or if any pet becomes a public nuisance. (2004-Or-092, § 1, 8-20-04)

CHAPTER 66. RABIES CONTROL*

__________

*State law references: Rabies control, M.S. § 35.67 et seq.

__________

66.10. Vaccination of dogs required. No person shall keep, harbor, or maintain care, custody, or control over any dog over four (4) months of age unless said dog has been vaccinated in accordance with the terms of this section. After three (3) months of age and before four (4) months of age the dog shall be first vaccinated with an approved rabies vaccine. Within twelve (12) months after its original vaccination, the dog shall receive a booster vaccination with an approved rabies vaccine. Thereafter, the dog shall receive booster vaccinations every twelve (12) to thirty-six (36) months, depending on the prescribed frequency of booster vaccinations in the manufacturer's specifications for the vaccine previously used. All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian, and the dog owner shall obtain a certificate of vaccination. (Code 1960, As Amend., § 811.010; Ord. of 6-13-75, § 2; 86-Or-185, § 1, 8-8-86)

66.20. Vaccination of cats required. No person shall keep, harbor, or maintain care, custody, or control over any cat over four (4) months of age unless said cat has been vaccinated in accordance with the terms of this section. After three (3) months of age and before four (4) months of age the cat shall be first vaccinated with an approved rabies vaccine. Within twelve (12) months after its original vaccination, the cat shall receive a booster vaccination with an approved rabies vaccine. Thereafter, the cat shall receive booster vaccinations every twelve (12) to thirty-six (36) months, depending on the prescribed frequency of booster vaccinations in the manufacturer's specifications for the vaccine previously used. All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian, and the cat owner shall obtain a certificate of vaccination. (Code 1960, As Amend., § 811.020; Ord. of 6-13-75, § 2; 86-Or-185, § 2, 8-8-86)

66.25. Vaccination of ferrets required. No person shall keep, harbor, or maintain care, custody, or control over any ferret over four (4) months of age unless said ferret has been vaccinated in accordance with the terms of this section. After three (3) months of age and before four (4) months of age the ferret shall be first vaccinated with an approved rabies vaccine. Within twelve (12) months after its original vaccination, the ferret shall receive a booster vaccination with an approved rabies vaccine. Thereafter, the ferret shall receive booster vaccinations every twelve (12) months or according to the prescribed frequency of booster vaccinations in the manufacturer's specifications for the vaccine previously used. All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian, and the ferret owner shall obtain a certificate of vaccination. (2004-Or-093, § 1, 8-20-04)

66.30. Defense. It shall be a defense for any person charged with a violation of section 66.10, 66.20 or 66.25 to show by way of a certificate of vaccination from a veterinarian that the dog, cat or ferret had been vaccinated for rabies in conformance with the provisions of this chapter on the day prior to the day of the alleged violation. (Code 1960, As Amend., § 811.030; Ord. of 6-13-75, § 2; 2004-Or-093, § 2, 8-20-04)

66.40. Impoundment of rabies suspects. (a) Any dog, cat or ferret not vaccinated in accordance with sections 66.10, 66.20 and 66.25 which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the city animal care and control center for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the dog, cat or ferret has no clinical signs of rabies, it may be released to the owner upon the condition that the owner has the animal vaccinated and licensed as required by this Code. In the case of a stray, the animal shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person having custody or control of any dog, cat or ferret, not vaccinated in accordance with sections 66.10, 66.20 and 66.25, which has bitten any person, to refuse to release such dog, cat, or ferret and make it immediately available to the commissioner of health or the commissioner's agent for the purpose of quarantine.

(b)     Any dog, cat, or ferret vaccinated in accordance with sections 66.10, 66.20, or 66.25 which has bitten any person shall be confined by the owner or other responsible person in such manner as the commissioner of health may direct and for a period of not less than ten (10) days. The commissioner of health or the commissioner's authorized representative shall conduct a midterm and terminal examination of the animal. If no signs of rabies are observed by the commissioner, the domestic animal may be released from confinement. It shall be unlawful for any owner or person in custody or control of any vaccinated dog, cat, or ferret that has bitten any person to refuse or fail to quarantine such dog, cat, or ferret as required by this subsection. The commissioner of health or the commissioner's agent shall seize any dog, cat, or ferret not quarantined in accordance with the subsection.

(c)     Any other animal which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the city animal care and control center for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the animal has no clinical sign of rabies, the animal may, with the approval of the commissioner of health, be released to the owner. In the case of an unclaimed animal, it shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person in custody or control of any animal which has bitten any person to refuse to release such animal and make it immediately available to the commissioner of health or the commissioner's agent for the purpose of quarantine.

(d)     Any rabies suspect impounded or confined under this section which is found to be sick or diseased shall be reported immediately in writing to the commissioner of health by the attending veterinarian or operator of the quarantine facility. The commissioner of health shall then take possession of such animal for the purpose of determining if it is suffering from rabies.

(e)     The commissioner of health or the commissioner's agent may, for good cause, order the immediate testing for rabies of an animal that is owned by an individual that has bitten one or more individuals. The owner of the animal that is to be tested is entitled to a hearing as set forth in section 64.120(b) of this title. The time periods set forth in section 64.120(b) do not apply to requests for immediate testing of an owned animal. A hearing must be requested by the owner of the animal within twenty-four (24) hours of notification of the owner of the intent to test the animal for rabies. If a hearing is not requested by the owner within twenty-four (24) hours of notification of intent to test for rabies the commissioner shall make appropriate order to test the animal for rabies. If a hearing is requested, the owner must be available to attend the hearing and the hearing completed within twenty-four (24) hours of the time that the hearing was requested or the hearing will be deemed to have been waived The owner shall immediately make the animal available to the animal control officer for rabies testing. In determining whether good cause exists to order rabies testing of an owned animal the commissioner may consider:

(1)     The physical location of the bite on the body of the victim.

(2)     The medical condition of the victim.

(3)     The medical necessity of immediate testing of the animal for rabies.

(4)     The age and health of the victim.

(5)     The vaccination records of the animal for which testing is sought.

(6)     Potential harm to the victim of the bite by delays in the testing procedure.

(7)     Potential harm to the victim of the bite by engaging in the course of post exposure rabies shots.

(8)     The request of qualified medical personnel.

(9)     Any other factors bearing on the necessity for immediate testing of the suspect animal.

(f)     Nothing in this section shall be read so as to conflict with the requirements of section 64.120 as it pertains to destruction of dangerous animals. (Code 1960, As Amend., § 811.040; Ord. of 6-13-75, § 2; 80-Or-243, §§ 1--3, 10-10-80; Pet. No. 248858, § 3, 3-31-89; 2002-Or-011, § 1, 3-1-02; 2004-Or-093, § 3, 8-20-04)

66.50. Handling of dogs or cats bitten by rabid animals. For the purposes of this section, any bat, skunk, civet cat, raccoon or fox that bites a dog or cat shall be deemed to be a rabid animal. In the case of a dog or cat which has been bitten by a rabid animal, the following rules shall apply:

(a)     In the case of a bitten (exposed) dog or cat which has not been vaccinated in accordance with section 66.10 or 66.20 and which has been bitten by a rabid animal, said bitten (exposed) animal shall be immediately destroyed. If the owner is unwilling to destroy the bitten (exposed) animal, said animal shall be placed in strict isolation in a kennel under veterinarian supervision for a minimum of six (6) months. Before release of the dog or cat to its owner, it shall be vaccinated against rabies one month prior to its release.

(b)     In the case of a bitten (exposed) animal which has been vaccinated in accordance with the provisions of section 66.10 or 66.20 of this chapter, the animal shall be:

(1)     Immediately revaccinated and confined for a period of forty (40) days following vaccination, or

(2)     It shall be confined in strict isolation in a kennel for six (6) months under the supervision of a veterinarian. Before release of the dog or cat to its owner, it shall be vaccinated for rabies one month prior to its release, or

(3)     It shall be destroyed if the owner does not comply with paragraph (1) or (2) of subsection (b). (Code 1960, As Amend., § 811.050; Ord. of 6-13-75, § 2)

66.60. Reports of bite cases. It shall be the duty of every physician or any person to report to the commissioner of health the names and addresses of persons treated for bites inflicted by animals within the city, together with such other information as will be helpful in rabies control. (Code 1960, As Amend., § 811.060; Ord. of 6-13-75, § 2)

66.70. Responsibilities of veterinarians. It shall be the duty of every licensed veterinarian to report to the commissioner of health the diagnosis of any animal within the city observed by such veterinarian to be a rabies suspect. (Code 1960, As Amend., § 811.070; Ord. of 6-13-75, § 2; Pet. No. 248858, § 4, 3-31-89)

CHAPTER 68. PET SHOPS, KENNELS, ETC.

68.10. License required; application procedure; duration. (a) No person shall keep or maintain any place for the sale, grooming, breeding, treating, exhibition, or any other form of care for hire of any animal, reptile, fish or bird without a license therefor.

(b)     No person shall operate or maintain a mobile pet care vehicle without a license for each such vehicle and no person shall conduct any business in a mobile pet care vehicle while that vehicle is parked on a public street. For purposes of this chapter, a "mobile pet care vehicle" is a motor vehicle used for the sale, grooming, breeding, treating, exhibition, or any other form of care for hire of any animal, reptile, fish or bird. A mobile pet care vehicle does not include a motor vehicle used solely for transporting animals, reptiles, fish or birds. No sales of animals shall be permitted from the vehicle.

(c)     Any person desiring a license under either subdivision (a) or (b) shall file with the department of licenses and consumer services a written application to the city council for such license. The application shall state in full the name, place of residence of the applicant and, where applicable, the name and residence of the owners of the place, premises and location where the applicant desires to conduct said business. The department of licenses and consumer services shall submit to the city council such application for a license, together with a report from the commissioner of health stating the commissioner's approval of the sanitary conditions of the place where the applicant intends to carry on the business, including any mobile pet care vehicle, and a report from the zoning administrator where applicable. The license shall be issued by the department of licenses and consumer services when authorized by the city council.

(d)     Such licen