CHAPTER 91: ANIMALS part 1

CHAPTER 91: ANIMALS

Section

91.01 Definitions

91.02 Dogs and cats

91.03 Non-domestic animals

91.04 Farm animals

91.05 Impounding

91.06 Kennels

91.07 Nuisances

91.08 Seizure of animals

91.09 Animals presenting a danger to health and safety of city

91.10 Diseased animals

91.11 Dangerous animals

91.12 Dangerous animal requirements

91.13 Basic care

91.14 Breeding moratorium

91.15 Enforcing officer

91.16 Pound

91.17 Interference with officers

91.99 Penalty

§ 91.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other

member commonly accepted as a part of the animal kingdom. Animals shall be classified as

follows:

(1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated

household pets. Unless otherwise defined, domestic animals shall include dogs, cats, caged birds,

gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting

reptiles or amphibians, and other similar animals.

(2) FARM ANIMALS. Those animals commonly associated with a farm or performing

work in an agricultural setting. Unless otherwise defined, farm animals shall include members of

the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens,

turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and

other animals associated with a farm, ranch, or stable.

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(3) 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 health, safety, and welfare of people. Unless otherwise defined, non-domestic

animals shall include:

(a) Any member of the large cat family (family felidae) including lions, tigers, cougars,

bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats.

(b) Any naturally wild member of the canine family (family canidae) including wolves,

foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.

crossbreed is commonly accepted as a domesticated house pet.

(d) Any member or relative of the rodent family including any skunk (whether or not

descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or

commonly accepted as domesticated pets.

(e) Any poisonous, venomous, constricting, or inherently dangerous member of the

reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and

alligators.

(f)Any other animal which is not explicitly listed above but which can be reasonably

defined by the terms of this section, including but not limited to bears, deer, monkeys and game

fish.

AT LARGE. Off the premises of the owner and not under the custody and control of the owner

or other person, either by leash, cord, chain, or otherwise restrained or confined.

CAT. Both the male and female of the felidae species commonly accepted as domesticated

household pets.

DOG. Both the male and female of the canine species, commonly accepted as domesticated

household pets, and other domesticated animals of a dog kind.

OWNER. Any person or persons, firm, association or corporation owning, keeping, or

harboring an animal.

RELEASE PERMIT. A permit issued by the Animal Control Officer or other person in charge

of the pound for the release of any animal that has been taken to the pound. A release permit may

be obtained upon payment of a fee to the City Clerk in accordance with the regular license

requirement if the animal is unlicenced, payment of a release fee, and any maintenance costs

incurred in capturing and impounding the animal. The release fee shall be as established in

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the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11, as it may be amended

from time to time.

§ 91.02 DOGS AND CATS.

(A) Running at large prohibited. It shall be unlawful for the dog or cat of any person who

owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog

or cat which runs at large shall be guilty of a misdemeanor. Dogs or cats 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 as by leash, shall be permitted

in streets or on public land unless the city has posted an area with signs reading “Dogs or Cats

Prohibited.”

(B) License required.

(1) All dogs over the age of six months kept, harbored, or maintained by their owners in the

city, shall be licensed and registered with the city. Dog licenses shall be issued by the City Clerk

upon payment of the license fee as established by the Ordinance Establishing Fees and Charges

adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time. The

owner shall state, at the time application is made for the license and upon forms provided, his or

her name and address and the name, breed, color, and sex of each dog owned or kept by him or

her. No license shall be granted for a dog that has not been vaccinated against distemper and

rabies, as evidenced by a certificate by a veterinarian qualified to practice in the state in which the

dog is vaccinated.

(2) It shall be the duty of each owner of a dog subject to this section to pay to the City

Clerk the license fee established in the Ordinance Establishing Fees and Charges adopted pursuant

to § 30.11, as it may be amended from time to time.

(3) Upon payment of the license fee as established by the Ordinance Establishing Fees and

Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to

time, the Clerk shall issue to the owner a license certificate and metallic tag for each dog licensed.

The tag shall have stamped on it the year for which it is issued and the number corresponding with

the number on the certificate. Every owner shall be required to provide each dog with a collar to

which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In

case a dog tag is lost or destroyed, a duplicate shall be issued by the City Clerk. A charge shall be

made for each duplicate tag in an amount established in the Ordinance Establishing Fees and

Charges adopted pursuant to § 30.11, as it may be amended from time to time. Dog tags shall not

be transferable from one dog to another and no refunds shall be made on any dog license fee or tag

because of death of a dog or the owner*s leaving the city before the expiration of the license

period.

(4) The licensing provisions of this division (B) shall not apply to dogs whose owners are

non-residents temporarily within the city, nor to dogs temporarily in the City for a period less than

30 days, nor to dogs brought into the city for the purpose of participating in any dog show,

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nor shall this provision apply to “seeing eye” dogs properly trained to assist blind persons for the

purpose of aiding them in going from place to place.

(5) The funds received by the City Clerk from all dog licenses and metallic tags fees as

established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this

code, as that ordinance may be amended from time to time, shall first be used to defray any costs

incidental to the enforcement of this chapter; including, but not restricted to, the costs of licenses,

metallic tags, and impounding and maintenance of the dogs.

(6) Licenses for dogs shall be issued on an annual basis and shall expire on the 15 th day of

January of each year following their issuance.

pickup, impounding, boarding, licensing and proof of anti-rabies vaccine is concerned. All other

provisions of this section shall also apply to cats unless otherwise provided.

(D) Vaccination.

(1) All dogs and cats kept harbored, maintained, or transported within the city shall be

vaccinated at least once every three years by 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 City Clerk, the Animal

Control Officer or a police officer, the owner shall present for examination the required

certificate(s) of vaccination for the animal(s). In cases where certificates are not presented, the

owner or keeper of the animal(s) shall have seven days in which to present the certificate(s) to the

City Clerk or officer. Failure to do so shall be deemed a violation of this section. Penalty, see §

91.99

§ 91.03 NON-DOMESTIC ANIMALS.

It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic

animal within the city. Any owner of a non-domestic animal at the time of adoption of this code

shall have 30 days in which to remove the animal from the city after which time the city may

impound the animal as provided for in this section. An exception shall be made to this prohibition

for animals specifically trained for and actually providing assistance to the handicapped or

disabled, and for those animals brought into the city as part of an operating zoo, veterinarian

clinic, scientific research laboratory, or a licensed show or exhibition. Penalty, see § 91.99

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§ 91.04 FARM ANIMALS.

The keeping of farm animals in the City is prohibited. An exception shall be made to this

section for those animals brought into the city as part of an operating zoo, veterinarian clinic,

scientific research laboratory, or a licensed show or exhibition.

§ 91.05 IMPOUNDING.

(A) Running at large. Any unlicensed animal running at large is hereby declared a public

nuisance. Any Animal Control Officer or police officer may impound any dog or other animal

found unlicensed or any animal found running at large and shall give notice of the impounding to

the owner of the dog or other animal, if known. In case the owner is unknown, the officer shall post

notice at the city office that if the dog or other animal is not claimed within the time specified in

division (C) of this section, it will be sold or otherwise disposed of. Except as otherwise

provided in this section, it shall be unlawful to kill, destroy, or otherwise cause injury to any

animal, including dogs and cats running at large.

(B) Biting animals. Any animal that has not been inoculated by a live modified rabies vaccine

and which has bitten any person, wherein the skin has been punctured or the services of a doctor

are required, shall 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 by the payment of all costs by the owner. However, if the owner of the

animal shall elect 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 in which this city is located, and

provide immediate proof of confinement in the 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.

sufficient food and water for their comfort, at least five regular business days, unless the animal is

a dangerous animal as defined under § 91.11 in which case it shall be kept for seven regular

business days or the times specified in § 91.11, and except if the animal is a cruelly-treated animal

in which case it shall be kept for ten regular business days, unless sooner reclaimed by their

owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim

the animal from the pound, the following shall be required, unless otherwise provided for in this

code or established from time to time by resolution of the City Council:

(1) Payment of the release fee and receipt of a release permit as established by the

Ordinance Establishing Fees and Charges adopted pursuant to § 30. 11 of this code, as that

ordinance may be amended from time to time.

(2) Payment of maintenance costs, as provided by the pound, per day or any part of day

while animal is in the pound; and

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(3) If a dog is unlicenced, payment of a regular license fee as established by the Ordinance

Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be

amended from time to time, and valid certificate of vaccination for rabies and distemper shots is

required.

(D) Unclaimed animals. At the expiration of the times established in division (C) of this

section, if the animal has not been reclaimed in accordance with the provisions of this section, the

officer appointed to enforce this section may let any person claim the animal by complying with all

provisions in this section, or the officer may sell the animal to the University of Minnesota, or

cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the

remains thereof. Any money collected under this section shall be payable to the City Clerk.

Penalty, see § 91.99

§ 91.06 KENNELS.

(A) Definition of kennel. The keeping of four or more domestic animals on the same

premises, whether owned by the same person or not and for whatever purpose kept, shall

constitute a “kennel;” except that a fresh litter of pups or kittens may be kept for a period of three

months before that keeping shall be deemed to be a “kennel.”

(B) Kennel as a nuisance. Because the keeping of four or more domestic animals on the same

premises is subject to great abuse, causing discomfort to persons in the area by way of smell,

noise, hazard, and general aesthetic depreciation, the keeping of four or more domestic animals on

the premises is hereby declared to be a nuisance and no person shall keep or maintain a kennel

within the city. Penalty, see § 91.99

§ 91.07 NUISANCES.

(A) Habitual barking. It shall be unlawful for any person to keep or harbor a dog which

habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at

least five minutes with less than one minute of interruption. The barking must also be audible off of

the owner*s or caretaker*s premises.

(B) Damage to property. It shall be unlawful for any person*s dog or other animal to damage

any lawn, garden, or other property, whether or not the owner has knowledge of the damage.

animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a

sanitary manner whether on their own property, on the property of others or on public property.

(D) Other. Any animals kept contrary to this section are subject to impoundment as provided in

§ 91.05. Penalty, see § 91.99

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§ 91.08 SEIZURE OF ANIMALS.

Any police officer or Animal Control Officer may enter upon private property and seize any

animal provided that any of the following exist:

(A) There is an identified complainant other than the police officer or Animal Control Officer

making a contemporaneous complaint about the animal;

(B) The officer reasonably believes that the animal meets either the barking dog criteria set out

in § 91.07(A); the criteria for cruelty set out in § 91.13; or the criteria for an at large animal set out

in § 91.01(E);

barking dog; inhumane treatment of the animal; or that the animal was at large at this address on a

prior date;

(D) The officer has made a reasonable attempt to contact the owner of the dog and the property

to be entered and those attempts have either failed or have been ignored;

(E) The seizure will not involve the forced entry into a private residence. Use of a pass key

obtained from a property manager, landlord, innkeeper, or other authorized person to have that key

shall not be considered unauthorized entry; and

(F) Written notice of the seizure is left in a conspicuous place if personal contact with the

owner of the dog is not possible.

§ 91.09 ANIMALS PRESENTING A DANGER TO HEALTH AND SAFETY OF CITY.

If, in the reasonable belief of any person or the Animal Control Officer or police officer, an

animal presents an immediate danger to the health and safety of any person, or the animal is

threatening imminent harm to any person, or the animal is in the process of attacking any person,

the person or officer may destroy the animal in a proper and humane manner. Otherwise, the

person or officer may apprehend the animal and deliver it to the pound for confinement under §

91.05. If the animal is destroyed, the owner or keeper of the animal destroyed shall be liable to the

city for the cost of maintaining and disposing of the animal, plus the costs of any veterinarian

examination. If the animal is found not to be a danger to the health and safety of the city, it may be

released to the owner or keeper in accordance with § 91.05(C).

§ 91.10 DISEASED ANIMALS.

(A) Running at large. No person shall keep or allow to be kept on his or her premises, or on

premises occupied by them, nor permit to run at large in the city, any animal which is diseased so

as to be a danger to the health and safety of the city, even though the animal be properly licensed

under this section.

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(B) Confinement. Any animal reasonably suspected of being diseased and presenting a threat

to the health and safety of the public, may be apprehended and confined in the pound by any

person, the Animal Control Officer or a police officer. The officer shall have a qualified

veterinarian examine the animal. If the animal is found to be diseased in a manner so as to be a

danger to the health and safety of the city, the officer shall cause the animal to be painlessly killed

and shall properly dispose of the remains. The owner or keeper of the animal killed under this

section shall be liable to the city for the cost of maintaining and disposing of the animal, plus the

costs of any veterinarian examinations.

released to the owner or keeper free of charge. Penalty, see § 91.99

Lake Lillian, Minnesota

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CHAPTER 91: ANIMALS part 1