9.2. SR 07-17-2017City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
9.2
Agenda Section
Meeting Date
Prepared by
Work SessionJuly
17, 2017
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Feeding Wildlife and Feral Animals
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Receive information and provide staff with direction regarding the feeding of wildlife and feral animals
within city limits.
Background/Discussion
In February 2017, Linda Lee contacted the Mayor and city staff regarding the issue of feeding feral cats.
She wanted an ordinance drafted prohibiting this activity.
A feral animal is an animal living in the wild descended from domestication and survives on their own in
the wild. A feral cat is a cat who has either never had any contact with humans or contact with humans
has diminished over time.
Harboring
Staff indicated to Ms. Lee the city can address the harboring of the cats with the two definitions of
kennels outlined in the ordinance.
Kennel, commercial, means any premises where more than three animals over six months of age are boarded,
trained or bred for compensation or are offered for sale, except for animals being raised as agricultural
livestock, an animal hospital, a veterinary clinic or a pet shop.
Kennel, private, means any premises where more than three dogs or three cats over the age of six months
are harbored or kept, except for a commercial kennel. Any premises of ten acres or more that are used to
harbor or keep up to ten cats over the age of six months shall be excluded from this definition as long as
all of the cats have been spayed or neutered.
The key number in both definitions is three. If a property owner has more than three cats (the types of
cats are not specified), they would be considered either a private or commercial kennel. The city could
then regulate the number of cats, over three, through a land use process.
The term kennel does not mean a physical barrier to contain animals, it is a term associated with defining
private vs commercial. Other sections of the ordinance address animals running at large but this would
only pertain to animals owned by someone.
P a w E R E U 6 Y
NaA f RE]
Staff suggested Ms. Lee contact Dave Hetrick, Code Enforcement Official, to inform him of the specific
property so he can inspect it. If he were to have found the property exceeding the number of cats
allowed, he would have contacted the property owner and made them aware of what they needed to do.
Mr. Hetrick does not recall being contacted by Ms. Lee.
Feeding
As for the feeding of any animals such as birds or deer in a wild state, the city currently does not regulate.
The feeding of feral cats or any animal in a wild state may be difficult to regulate, prove, and enforce.
Access to private properties and structures is the biggest concern with enforcement.
Other Communities
Staff contacted numerous communities to see if/how they regulate feeding and harboring of feral
animals and/or wildlife, below are the cities that responded:
■ Andover — No Ordinance for Feral Animals — Ordinance regulating mild Animals
■ Big Lake — No Ordinance for Feral Animals -Ordinance regulating Non -Domestic Animals
■ Inver Grove Heights — No Ordinancefor Feral Animals — Ordinance regulating Feeding Deer
■ Maple Grove —No Ordinance for Feral Animals —Ordinance regulating mild Animals
■ Ramsey — No Ordinance for Feral Animals
■ Red Wing - No Ordinance for Feral Animals — Ordinance regulating Feeding Deer
■ Rogers —No Ordinance for Feral Animals
Of the communities that responded, none of them regulate feral animals and five have an ordinance
pertaining to the feeding of wild animals. One of those two communities divides the city into two
districts; one where feeding is allowed and one where feeding is prohibited.
Staff asks the council to consider the following:
■ Enforcement
o How to distinguish between outdoor pets vs. feral/stray animals?
o How to determine if someone is feeding feral/stray animals?
o How to determine whose cat is whose?
o Accessing private property
■ Wildlife
o Is there concern for feeding wildlife?
o The state does not prohibit feeding deer, but advises against it.
o Bird feeders can attract predators (squirrels, mice, skunks, raccoons, and even the
occasional coyote or bear)
■ Pets
o Many residents have outdoor pets. Their food, if not eaten, will be accessible by
feral/stray animals
Attachments
■ Email correspondence to and from Linda Lee
■ Big Lake Info — Section 390
■ Red Wing Info — Section 10.08
■ Andover Info — 5-1E-3: Nuisances
■ Inver Grove Heights Info — 5-10-2 Prohibition Of Feeding Deer and Map
■ Maple Grove Info — Sec. 6-20
N:\Public Bodies\Agenda Packets\07-17-2017\Final\9.2 sr.docx
Leeseberg, Chris
From: Linda Lee <trippingonadaisy@gmail.com>
Sent: Sunday, July 09, 2017 1:06 PM
To: Mayor John Dietz; Leeseberg, Chris; Hetrick, Dave; Prehatney, Jeff, Bolduc, Christina
Subject: Re: CITY OF ELK RIVER'S PROBLEM WITH FERAL CATS
Sunday, July 9, 2017
Again, out in the open yard, a feral cat has been bred. This is an unending PROBLEM / NUISANCE. When
this new ordinance is being passed, it has to allow for the city to step in and rid the area of the community
nuisance.
There should be ZERO feral cats allowed by feeding or harboring them.
I know I am the loudest person complaining about feral cats ... but by talking with people, I know I am not the
only person in the city of Elk River who is putting up with this.
People like my neighbor, start out by thinking they are providing for wild animals (which doesn't need to be
done) and pretty soon there is an out of control situation. Now my neighbor is basking in the attention and what
he feels is his power.
There should be ZERO feral cats allowed by feeding
harborina them.
Linda Lee
11949 191 Ave NW
Elk River MN 55330
trippinQonadaisy(a, email. corn
On Sun, Jun 25, 2017 at 8:18 PM, Linda Lee <trippingonadaisykgmail.com> wrote:
Please pass a new ordinance that prevents citizens from feeding and harboring animals in the wild.
By not acting, you are pitting neighbor against neighbor. That does not make for a good neighborhood or a
good community as a whole.
Lack of maintaining a community leads to its downfall.
I have a huge problem with my neighbor. He runs a feral cat house in his deteriorating shed. The cats can enter
and leave from the back and under the front doors. He keeps them fed and watered either in the shed or by his
backdoor.
THIS DOES NOT COME UNDER THE KENNEL,PRIVATE ORDINANCE because a kennel contains an
animal and restricts it from roaming to other people's property.
Since Sept. 2016, I have live trapped 14 cats. Don't you think this is excessive and replusive for a 73 year old
woman, who lives within the City of Elk River. Would you expect your elderly mothers to have to do this ugly
task?
Let's hurry up and get A NEW ORDINANCE, SO SIMPLE, YET NOT DONE. Why not?
Take care of our community. Remove problems. Do something. Please
Chris L. said "The feeding of feral cats, or any animal in a wild state, would be extremely difficult to regulate
and police." I disagree. When problems are brought to you. There it is. Take care of it.
My problem is feral cats (you can find them next door to me) but many friends are troubled with deer invading
their space. We have deer in the Schoolview Neighborhood too. You can look at Mankato, THEY HAVE AN
ORDINANCE FOR NO FEEDING DEER. Steps can be taken. Don't say nothing can be done. Instead, do
something.
Linda Lee
11949 191 Ave NW
Elk River MN 55330
trippingonadaisy(is ,,gmail.com
Leeseberg, Chris
From: John Dietz <shortshotsl7@aol.com>
Sent: Monday, February 27, 2017 4:29 PM
To: Leeseberg, Chris
Subject: Re: Follow Up
Thanks Chris
Sent from my Whone
On Feb 27, 2017, at 12:31 PM, Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov> wrote:
Here it is again ... I hope
Linda,
Thank you for reaching out to us regarding the harboring and feeding of feral cats. To address the
harboring of the cats, as well as other animals, the city has two definitions of kennels.
Kennel, commercial, means any premises where more than three animals over six months of age are
boarded, trained or bred for compensation or are offered for sale, except for animals being raised as
agricultural livestock, an animal hospital, a veterinary clinic or a pet shop.
Kennel, _private, means any premises where more than three dogs or three cats over the age of six
months are harbored or kept, except for a commercial kennel. Any premises of ten acres or more
that are used to harbor or keep up to ten cats over the age of six months shall be excluded from this
definition as long as all of the cats have been spayed or neutered.
The key number in both definitions is three. If they have more than three cats, they would be
considered either a private or commercial kennel. Unfortunately, the types of cats are not specified.
In our R1 zoning districts, which comprise the majority of residential property in Elk River, private
and commercial kennels require a Conditional Use Permit (CUP) on parcels less than five buildable
acres or lots located in cluster subdivisions. Commercial kennels are only allowed in the R -1a
district, again with a CUP.
The CUP process is one where a property owner applies for the CUP and the request is reviewed by
the Planning Commission and City Council. These meetings are public hearing meetings where
neighboring property owners are provided the opportunity to speak regarding the request.
I have copied Dave Hetrick, Code Enforcement Official, on this email. Please contact him to
identify the specific properties so he can inspect them. If he finds they exceed the number of cats
allowed, he will contact the property owner and make them aware of what they need to do.
The city does not regulate the feeding of any animals, such as birds or deer, in a wild state. The
feeding of feral cats, or any animal in a wild state, would be extremely difficult to regulate and police.
Please let me know if you have any further questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: John Dietz [mailto:shortshots17(a0aol.com]
Sent: Monday, February 27, 2017 1:30 PM
To: Leeseberg, Chris
Subject: Re: Follow Up
No
Sent from my iPhone
On Feb 27, 2017, at 11:40 AM, Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov> wrote:
Thanks John. So you have not seen my initial response to her?
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: John Dietz [mailto:shortshots17@aol.com]
Sent: Monday, February 27, 2017 12:40 PM
To: Leeseberg, Chris
Subject: Re: Follow Up
Got this one. Didn't get previous one today with your info about Linda Lee. Good job,
she was very happy with your quick response and your help. Thank you
Sent from my iPhone
On Feb 27, 2017, at 10:38 AM, Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov> wrote:
John,
Since I was having issues, I want to confirm you received my email
this morning?
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
<image001.jpg> <image002Jpg> <image003Jpg>
Leeseberg, Chris
From: Michael Healy <MHealy@big lakemn.org>
Sent: Tuesday, June 27, 2017 2:33 PM
To: Leeseberg, Chris
Subject: RE: Feeding and Harboring Feral Animals and/or Wildlife
Chris,
Chapter 3 of our Code, our licensing ordinance, defines non-domestic animals and sets up a prohibition:
Section 390 — Animals
390.01 Definitions.
Subd. 1 Animal. "Animal" shall mean 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:
B. Non -Domestic. "Non -Domestic animals" shall mean 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, such animals shall include:
1. Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars,
but excluding commonly accepted domesticated house cats.
2. Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and
jackles, but excluding commonly accepted domesticated dogs.
3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as
a domesticated house pet.
4. 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.
5. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families
including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
6. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this
subpart, including but not limited to bears, deer, monkeys and game fish.
390.04 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 limits. Any owner of such an animal at the time of adoption of this Code shall have
thirty 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.
Hope this helps!
Michael
Michael Healy. City Planner
City of Big Lake . 160 Lake Street N . Big Lake, MN 55309
Direct Line: 763-251-2977
Leeseberg, Chris
Subject: FW: Feeding and Harboring Feral Animals and/or Wildlife
From: Kohn, Steve[mai Ito: steve.kohn@ci.red-wing.mn.us]
Sent: Tuesday, June 27, 2017 2:46 PM
To: Leeseberg, Chris
Subject: RE: Feeding and Harboring Feral Animals and/or Wildlife
This is what we have in Red Wing in regards to feeding deer. I am not aware of a code that addresses feeding feral
animals.
Steve Kohn I Planning Manager
Community Development Department
City of Red Wing I www.red-wing.org
315 West 4th Street I Red Wing, MN 55066
Tel: 651.385.3622 1 Fax: 651.388.9608
Email: steve.kohn(a)_ci.red-wing.mn.us
C: - - - - -.'Ppr - -
SECTION 10.08. DEER FEEDING PROHIBITION.
Subd. 1. Purpose. The purpose of this Section is to protect, preserve, and promote the health,
safety and welfare of the citizens of the City through the management of recreational feeding of white-tailed
deer within the City as part of a comprehensive strategy to reduce or eliminate negative impacts experienced
as a result of an increasing deer population in the City.
Subd. 2. Findings.
A. Recreational feeding of deer often causes deer concentrations which develop into depredation and
other public safety problems;
B. Depredation of garden crops and landscaping plants is increasing as deer habitat decreases and
deer populations increase within particular areas and neighborhoods in the City;
C. High deer populations can result in increased car/deer crashes within the community, causing public
safety concerns and negative economic impacts such as increased car insurance premium costs;
D. High deer densities also contribute to the possible spread of chronic diseases among deer
populations and Chronic Wasting Disease; and
E. The intent of the City Council is not to unreasonably infringe upon the recreational enjoyment of City
residents who observe wildlife and enhance wildlife habitat on their property. However, the purpose
of this artificial feeding ban is to eliminate these deer attractions which, when combined with other
management strategies, should reduce, over time, the depredation impacts to adjacent residents,
as well as assure the safety of the traveling public on City streets and thoroughfares.
Subd. 3. Prohibition. It shall be unlawful for any person or group to place or permit to be placed
on the ground, or within five feet of the ground surface, either on property owned or controlled by such person
or on property owned by others, any grain, fodder, fruit, vegetables, nuts, hay or other edible materials, which
may reasonably be expected to intentionally result in deer feeding, unless such items are screened or
protected in a manner that prevents deer from feeding on them. Also prohibited are salt licks and powder or
liquid deer attractants, unless legally used for deer management control purposes. Living fruit trees and other
live vegetation shall not be considered as deer feeding.
Subd. 4. Exceptions. This prohibition shall not apply to:
A. Veterinarians, City animal control officers or county, state or federal game officials, who are in the
course of their duties, have deer in custody or under their management;
B. Persons authorized by the City to implement the deer management program approved by the City
Council; or
C. Any food placed upon the property for purposes of trapping or otherwise taking deer where such
trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural
Resources.
D. Persons feeding birds using self -enclosed feeding devices or containers.
E. The use of straw, hay or straw -related materials for erosion control, mulching, gardening or other
landscape purposes.
F. Persons on property with a livestock operation not intentionally feeding deer. For the purposes of
this section, "Livestock Operation" means an operation commonly associated with the keeping of
animals. Including but not limited to: the keeping of horses, cattle or chickens, raised for home use
or profit.
Subd. 5. Enforcement.
A. Responsible Authority. The City Police Department and the City Engineering Department shall
enforce the provisions of this Ordinance
B. Civil Remedies. This Section may be enforced by injunction, action for abatement, or other
appropriate civil remedy to eliminate a public nuisance.
C. Criminal Penalties. Notwithstanding anything in City Code to the contrary, a person who violates
any provisions of this Section shall be guilty of a petty misdemeanor. The first violation of this
section shall result in a written warning. Any subsequent violation shall result in a citation for the
petty misdemeanor offense. Each act of violation and each day a violation occurs or continues is a
separate offense. In all cases the City shall be entitled to collect the cost of prosecution to the
extent outlined by law, the Rules of Criminal Procedure, and the Rules of Court.
Subd. 6. Severability. If any provisions of this Section or the application of a provision to a
particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the
Section and the application of the Section to any other situation shall be considered severable, and shall be
given in effect to the maximum extent possible.
N
Leeseberg, Chris
Subject:
FW: Feral Animal Ordinance
From: Stephanie Hanson[mailto:s.hanson(aandovermn.gov]
Sent: Tuesday, July 11, 2017 11:18 AM
To: Leeseberg, Chris
Subject: FW: Feral Animal Ordinance
Chris,
I misspoke. This is the blurb we have in code. Read below.
Stephanie
Stephanie Hanson I Planner I City of Andover
1685 Crosstown Blvd NW I Andover MN 55304
(763) 767-5147
From: Dan Krumwiede
Sent: Tuesday, July 11, 2017 11:11 AM
To: Stephanie Hanson
Subject: RE: Feral Animal Ordinance
Hi Stephanie,
There is a section under 5-1E-3: Nuisances:
C. No person shall feed animals in a manner that attracts wild animals, causes property damage, allows for
excessive amounts of feed to accumulate, or poses a public health threat. Bird feeders are excluded from this
provision.
Dan Krumwiede
Associate Planner I City of Andover
1685 Crosstown Blvd NW I Andover, MN 55304
Direct - 763.767.5142 1 Fax - 763.755.8923
5-10-2: PROHIBITION OF FEEDING DEER: 0
Within that portion of the city designated as the prohibited deer feeding area on the map attached to
the ordinance codified herein, no person shall engage in the feeding of deer or allow the feeding of
deer on that person's property. The map is on file with the city clerk and is hereby incorporated by
reference and made a part of this section.
For purposes of this section, feeding of deer shall mean that the following circumstances have
occurred:
A. Providing salt blocks, birdseed mixtures, grain, fruits, vegetables, nuts, hay or other edible
material;
B. In a manner that attracts or is designed to attract deer on a regular basis;
provided, however, feeding of deer does not include any of the following:
1. Providing living food sources, such as fruit trees, growing crops or other live vegetation; or
2. Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material in a birdfeeder
that is designed to preclude deer access to the storage space within the birdfeeder; or
3. Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material located at a
height more than five feet (5') above the ground; or
4. Leaving in or on top of the ground, crops or other vegetation that have been spoiled or killed by frost
conditions; or
5. Placing or allowing to be kept on the ground, any combination of birdseed mixtures, grains, fruits,
vegetables or nuts in a total aggregate amount of less than four (4) pounds at any one time; there
shall not be more than one such feeding location per tax parcel. (Ord. 1267, 5-13-2013)
CITY OF INVER GROVE HEIGHTS
AGENDA ITEM
REQUEST FOR COUNCIL ACTION
CONSIDER THIRD AND FINAL READING OF ORDINANCE SETTING FORTH REGULATIONS ON
THE FEEDING OF DEER WITHIN THE CITY
Meeting Date: May 13, 2013
Item Type: Regular
Contact: JTeppen, Asst City Admin
Prepared by:
Reviewed by:
Fiscal/FTE Impact:
x None
Amount included in current budget
Budget amendment requested
FTE included in current complement
New FTE requested — N/A
Other
PURPOSE/ACTION REQUESTED Consider the third and final reading of an ordinance setting forth
regulations on the feeding of deer within the City.
SUMMARY Staff was directed to bring this forward at Council's request following resident complaints
of deer feeding on landscape materials. Those residents had testified that their neighbors feed the
deer, which brings the deer into their neighborhoods.
Following the meeting on April 22 the following changes have been made:
Subparts were added to d and e in Section 5-10-2. As a result, the following are not included within the
definition of feeding of deer:
a. Providing living food sources, such as fruit trees, growing crops or other live vegetation;
1019
b. Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material in a
birdfeeder that is designed to preclude deer access to the storage space within the
birdfeeder; or
C. Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material
located at a height more than five (5) feet above the ground; or
d. Leaving in or on top of the ground, crops or other vegetation that have been spoiled or
killed by frost conditions; or
e. Placing or allowing to be kept on the ground, any combination of birdseed mixtures,
grains, fruits, vegetables or nuts in a total aggregate amount of less than four pounds at
any one time; there shall not be more than one such feeding location per tax parcel.
CITY OF INVER GROVE HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE ADDING TITLE 5, CHAPTER 10 TO THE INVER GROVE HEIGHTS CITY CODE
RELATING TO THE PROHIBITION OF FEEDING DEER
The City Council of Inver Grove Heights does hereby ordain as follows:
Section 1. Addition to Code. Inver Grove Heights City Code, Title 5, Chapter 10 is hereby
added to the Inver Grove Heights City Code and it shall read as follows:
Chapter 10
PROHIBITION OF FEEDING DEER
5-10-1: FINDINGS AND PURPOSE:
The City Council finds that feeding of deer contributes to a high deer density in the City which in turn
causes a threat to the public health, safety and welfare. The high deer density has resulted in damage
to landscapes and damage to the understory of wooded areas. Further, the high deer density causes
an increased potential for accidents between vehicles and deer and increased potential for contact with
deer ticks that could result in Lyme disease. Prohibiting the feeding of deer in the urban developed
areas will lessen the deer population in those areas by reducing the number of deer concentration sites.
5-10-2: PROHIBITION OF FEEDING DEER:
Within that portion of the City designated as the Prohibited Deer Feeding Area on the map attached to
the ordinance codified herein, no person shall engage in the feeding of deer or allow the feeding of deer
on that person's property. The map is on file with the City Clerk and is hereby incorporated by
reference and made a part of this section.
For purposes of this section, feeding of deer shall mean that the following circumstances have
occurred:
1. Providing salt blocks, birdseed mixtures, grain, fruits, vegetables, nuts, hay or other edible
material;
2. In a manner that attracts or is designed to attract deer on a regular basis;
provided, however, feeding of deer does not include any of the following:
a. Providing living food sources, such as fruit trees, growing crops or other live vegetation; or
Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material in a
birdfeeder that is designed to preclude deer access to the storage space within the birdfeeder;
or
c. Providing birdseed mixtures, grain, fruits, vegetables, nuts, or other edible material located at a
height more than five (5) feet above the ground; or
d. Leaving in or on top of the ground, crops or other vegetation that have been spoiled or killed by
frost conditions; or
e. Placing or allowing to be kept on the ground, any combination of birdseed mixtures, grains,
fruits, vegetables or nuts in a total aggregate amount of less than four pounds at any one time;
there shall not be more than one such feeding location per tax parcel.
5-10-3: EXCEPTIONS:
The prohibition contained in section 5-10-2 shall not apply to veterinarians or governmental game
officials, who in the course of their duties have deer in their custody or under their management.
Further, the prohibition contained in section 5-10-2 shall not apply to a Minnesota Department of
Natural Resources deer management program approved by the City Council.
5-10-4: PENALTY:
A violation of section 5-10-2 shall be a petty misdemeanor.
Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Passed this 13t" day of May, 2013.
George Tourville, Mayor
ATTEST:
Melissa Kennedy, Deputy City Clerk
1
Ak
l :"
Leeseberg, Chris
From: Jodi Iliff <JIliff@maplegrovemn.gov>
Sent: Wednesday, July 12, 2017 1:42 PM
To: Leeseberg, Chris
Subject: FW: Feeding and Harboring Feral Animals and/or Wildlife
Chris — here is the Ordinance regarding feeding wildlife. Thanks. Jodi Iliff
1001 ILIFF
Administrative Secretary
Community Development
City of Maple Grove
12800 Arbor Lakes Parkway
P0Box 1180
Maple Grove MN 55311-6180
763-494-6042 763 -494 -6425 -fax
iiliff(@maoleerovemn.Rov
www.maplegrovemn.gov
From: Danielle Cheney
Sent: Wednesday, July 12, 2017 1:36 PM
To: Jodi Iliff <Jlliff@maplegrovemn.gov>; Peter Vickerman <PVickerman@maplegrovemn.gov>
Cc: Todd Strege <TStrege@maplegrovemn.gov>
Subject: RE: Feeding and Harboring Feral Animals and/or Wildlife
Hello,
I have pasted our ordinance regarding feeding wildlife below. If you have any further questions, please let me know.
Sec. 6-20. - Wild animal feeding prohibitions.
(a)
Purpose. The purpose of this section of the City Code is to protect the community from the problems associated with the
feeding of wild animals.
(b)
Feeding of non -domesticated animals prohibited; exceptions.
(1)
Prohibition. No person shall feed or allow the feeding of any wild animal within any area of the city. For the purpose of
this section, feeding shall mean provision of one -cubic foot or more of grain, fruit, vegetables, nuts, hay or other edible
material, either on the ground or at a height of less than five feet above the ground, in a manner that attracts wild
animals on a regular basis. Living food sources, such as fruit trees and other live vegetation, shall not be considered
as feed.
(2)
Exceptions. This prohibition shall not apply to veterinarians, city animal control officers, or city, county state, or federal
game officials who are in the course of their duties.
(Ord. No. 05-36, § 1, 10-17-2005, Ord. No. 07-01, § 1, 4-16-2007)
Thank you,
Blaine
Sec. 14-228. - Intentional feeding of wild animals.
(a) Feeding prohibited. No person shall feed or allow the feeding of wild or feral animals or of
small mammals within the city. Feeding shall mean the provision of any grain, fruit,
vegetables, nuts, salt licks, or any other food that could attract wild animals. Living food
sources such as trees and other live vegetation shall not be considered food for wild animals.
(b) Feeding wild birds. Bird feed may be placed in bird feeding devices and structures solely for
the purpose of attracting and feeding wild birds. Bird feeding devices and structures should
be placed at a sufficient height or designed to prevent access by wild animals.
(c) Exception. This provision shall not apply to employees or agents of the city, county, state,
and the federal government or veterinarians who are acting in the course of their official
duties or have wild animals in their custody or under their management.
Minneapolis
CHAPTER 67. - FERAL CAT COLONIES
67.10. - In general.
Feral cat colonies shall be permitted and feral cat colony caretakers shall be entitled to maintain
and care for feral cats by providin food, water, shelter, medical care, and other forms of
sustenance, provided that the cat colonies are registered with and approved by a MACC
registered sponsor, as defined in this title, and that the feral cat colony caretaker takes all
appropriate and available steps to meet the terms and conditions of this title. ( Ord. No. 2016-
009 , § 1, 2-12-16)
67.20. - Sponsorship of colony TNR programs.
Any humane animal -related organization, registered as a nonprofit with the State of Minnesota,
that meets the requirements of this title imposed upon sponsors shall be eligible to act as a
sponsor. Any humane animal -related organization intending to undertake the responsibilities of
sponsor shall so advise MACC in writing and provide organizational information, including the
organization's name, address, telephone number, board member's names, contact person, and
electronic mail addresses, as appropriate and requested. ( Ord. No. 2016-009 , � 1, 2-12-16)
67.30. - Sponsor requirements.
In order to operate as an approved sponsor, the nonprofit shall be registered with MACC and
shall reasonably complete the following requirements:
(1)
In order to be an approvedferal cat colony caretaker, said caretakers shall reasonably complete the
following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Register the colony with the sponsor.
Take all appropriate and available steps to vaccinate the colony population for rabies,
preferably with a three (3) year vaccine, and to update the vaccinations as warranted and
mandated by law.
Take all appropriate and available steps to have the colony population spayed or
neutered by a licensed veterinarian.
Eartip the ear of a colony cat that has been vaccinated and spayed or neutered, so that
colony cats can be readily identified.
Have an EAID inserted into each colony cat by a veterinarian in accordance with
professional medical standards. The sponsor and/or the Iff cat colony caretaker shall
be the named contacts for purposes of registering the EAID.
Provide the sponsor with descriptions and photographs of each cat in the colony and
copies of documents demonstrating that the cats have been vaccinated, microchipped,
and spayed or neutered.
Provide food, water, and shelter for colony cats. Food shall only be provided for a
period not to exceed three (3) hours per day.
Obtain proper medical attention for any colony cat that appears to require it.
Observe the colony cats at least twice per week and keep a record of any illness or
unusual behavior noticed in any colony cat.
Obtain the written approval of the owner of any property, or any authorized
representative of the owner, to which the caretaker requires access to provide colony
care.
Take all reasonable steps to:
a.
a
C.
Remove kittens from the colony as early as appropriate.
Place the kittens in homes or foster homes for the purpose of subsequent
permanent placement.
reasonable steps to notify a sponsor of the description and sex of the cat, and if available, the
address or location where the cat was trapped. The sponsor shall then take all appropriate and
available steps to identify the feral cat colony caretaker of the cat ora A cat colony caretaker who
will take responsibility for managing the cat.
If the feral cat colony caretaker is not able to immediately take custody of the cat, the officer
shall transport the cat to MACC. The feral cat colony caretaker shall be responsible for retrieving
the cat from the shelter within three (3) business days or advising the shelter if he or she does not
intend to retrieve the cat; no fees will be charged for cats reclaimed within three (3) business days.
In all other cases normal impound and kennel fees apply.
MACC, its designee, or a licensed veterinarian, in accordance with this title shall be the only
persons permitted to destroy a feral cat. No person may knowingly cause physical harm to or cause
the destruction by any means of a feral cat. The only exception will be by written permit from the
Minnesota Department of Agriculture or the Minnesota Department of Health for the purpose of
controlling diseases transmissible to humans or other animals and only when all other methods
and means have been exhausted. Such a permit shall name a person or persons conducting the
activities, specify the items and products to be used, give the boundaries of the area involved and
specify the precautionary measures to be employed to ensure the safety of humans and other
animals. Any drugs used for the euthanasia shall be administered by or under the direction of a
licensed veterinarian. ( Ord. No. 2016-009 , § 1, 2-12-16)
67.70. - Enforcement.
(a) MACC or its designee, in order to encourage the stabilization and reduction of the JU cat
population in the City of Minneapolis, shall have, in addition to any other rights and powers
provided pursuant to this Code, state statute or applicable law, the powers enumerated in this
section.
(1)
MACC is authorized to trap in a humane manner and remove any W cats that:
a.
Have not been vaccinated against rabies or which are demonstrating signs of the
disease.
Are not spayed or neutered.
Have bitten or injured a person or domestic pet.
Are not identifiable through an EAID as belonging to a 1W cat colony that has a
sponsor and a feral cat colony caretaker.
Belong to a colony that is illegally being managed within one-half ('/a) mile of the
edge of any public lands encompassing a creek, river or body of water of six (6)
acres or more in size.
(e)
(0
make all reasonable efforts to fulfill the responsibilities of this chapter. If the feral cat colony
caretaker fails to comply within that time period or has received more than one (1)
notification, the sponsor shall remove approval for the person from being a feral cat colony
caretaker and may identify and obtain replacement feral cat colony caretakers for the feral cat
colonies of the noncompliant feral cat colony caretaker. If no other feral cat colony caretaker
can be found within thirty (30) days, the sponsor shall notify N ACC and MACC may
v
humanely remove all, or portions of, the cat colonies and dispose of them in accordance
with this title.
Any sponsor or feral cat colony caretaker that has been removed from being a registered
sponsor or removed as an approved feral cat colony caretaker due to noncompliance issues
shall not be allowed to be a sponsor or aferal cat colony caretaker for one (1) year from the
date of their removal.
Feral cats that were spayed or neutered and vaccinated for rabies prior to the commencement
of the city's IM cat colony program, but did not have an EAID inserted or were marked
as feral by some indication other than an eartip, such as but not limited to a tattoo, shall be
deemed to be in compliance with this chapter if all other requirements are being met by
their feral cat colony caretaker. Feral cat colony caretakers shall take all appropriate and
available steps to bring these cats into compliance with the provisions of this article within
three (3) years of its enactment or upon revaccination of the cats for rabies, whichever comes
first. ( Ord. No. 2016-009 , § 1, 2-12-16)
67.80. - Abandonment of feral cats prohibited.
No person having the care, custody, and control of anyjw cats shall abandon said animals
anywhere in the city, nor introduce said animals from outside the city into an existing feral cat
colony inside the city. ( Ord. No. 2016-009_, § 1, 2-12-16)
State
97A.56 FERAL. SWINE.
Subdivision 1.Definition.
For purposes of this section, "feral swine" means a member of the genus and species Sus
scrofa that lives in the wild.
5
Subd. 2.Prohibited actions; penalty.
(a) A person may not possess or release feral swine or swine that were feral during any part of
the swine's lifetime or allow feral swine to run at large.
(b) A person may not hunt or trap feral swine, except as authorized by the commissioner
for feralswine control or eradication. It is not a violation of this section if a person shoots
a feral swine and reports the taking to the commissioner within 24 hours. All swine taken in this
manner must be surrendered to the commissioner.
Sec. 6-17. - Keeping of animals other than dogs and cats; maximum number of animals;
commercial dog kennels and cat shelters.
(a)
Generally.
(1)
The keeping or maintaining of any wild/exotic animal is prohibited in all areas of the city.
(2)
Only animals or animal types specified or named in this section and not predominantly found only
in the wild may be used for security purposes.
(b)
R -A district. The keeping and or maintaining of animals other than dogs and cats in any R -A zoning
district, unless otherwise provided in this chapter, shall be regulated by this subsection.
(1)
All land zoned as R -A which is in land area ten acres or more shall be exempt from the following
animal unit per acre regulations. All other land which is zoned R -A shall be subject to the schedule
set forth in this subsection, and no person shall maintain any animal population, exclusive of dogs
and cats, which exceeds one animal unit per acre.
(2)
The schedule referred to in subsection (b)(1) of this section shall be used in the following manner:
a.
The types of animals kept or maintained shall be limited to those listed on the schedule under
"Permitted Animal Types."
b.
The maximum allowable animal unit value, excluding dogs and cats, for a specific acreage of land
shall be determined by the following formula:
Maximum animal unit value = Number of acres x 1.0
C.
When added together the sum of the individual animal unit values as shown on the schedule shall
not exceed the maximum animal unit value as determined by the formula.
(3)
Tb. A...I. .- Fnr tlip R -A Aictrirt is ac fnllmu—
Permitted Animal Types
Assigned Animal Unit
Values
a.
Horse/mule families
1 head = 1 unit
b.
Cattle family
1 head = 1 unit
c.
Hog family, including potbellied pigs
1 head = 1 unit
d.
Sheep/goat families
1 head = 0.5 unit
e.
Poultry/fowl/bird families (of a size larger than the ordinary pigeon)
except emu and ostrich
25 head = 1 unit
a.
Horse/mule families
1 head = 1 unit
b.
Cattle family
1 head = 1 unit
c.
Hog family, including potbellied pigs
1 head = 0.25 unit
d.
Sheep/goat families
1 head = 0.25 unit
e.
Poultry/fowl/bird families (of a size larger than the ordinary pigeon)
except emu and ostrich
2 head = 0.50 unit
f.
Poultry/fowl/bird families (of a size of the ordinary pigeon or
smaller)
25 head = 0.50 unit
g.
Small animals: hamster -like, guinea pig -like, rabbit -like, etc.
25 head = 0.50 unit
(d)
Number of animals allowed. No dwelling unit shall have more than the following number of animals
in the city:
(1)
Domestic dogs (excluding hybrids with wolves, coyotes or jackals) properly vaccinated against
rabies: Two.
(2)
Domestic cats (excluding hybrids with ocelots or margays) properly vaccinated against rabies: Two.
(3)
Rodents such as hamsters, mice, gerbils, white rats, guinea pigs, chinchillas, or hedgehogs, capable of
being maintained continuously in a cage: Six.
(4)
Rabbits: Two.
(5)
Captive -bred species of common cage birds: Six.
(6)
Small nonvenomous snakes not to exceed six feet in length: Six.
(7)
Nonpoisonous lizards, iguanas, chameleons, salamanders and turtles: Six.
(8)
Fish, unless prohibited by state or federal law: No limit.
(9)
Domestically raised ferrets, properly vaccinated against rabies (must be vaccinated yearly): Two.
(e)
Raising honeybees. The keeping or maintaining of honeybees is prohibited in areas within the city
zoned R-1, R-2, R-3, R-4 and R-5.
Commercial dog kennels or cat shelters. The maintaining of a commercial dog kennel or cat shelter
is prohibited in all areas of the city except areas zoned commercial.
Pollution of public water. The keeping, storing, stabling or maintenance of any animal in any district
shall not directly contribute to the pollution of any public body of water.
(f)
Sanitary conditions.
(1)
Any person who owns, keeps, harbors, or has charge or control of a dog shall immediately collect
and remove any and all feces deposited by the dog on public property or on private property not
occupied by or under the control of that person.
(2)
While such a person is with any such dog on property not occupied by or under the control of that
person, such person shall have in his immediate physical possession a means to collect and sanitarily
dispose of all the dog's fecal matter deposited on public property or the private property of another.
(3)
Any person who owns, keeps, harbors, or has charge or control of a dog in or upon premises or
land occupied by, or under the control of, that person shall frequently collect and remove any
accumulation of dog fecal matter that is unhealthy or offensive to any person or neighborhood.
(4)
The premises on which any animal is kept or maintained shall be kept in a clean and sanitary
condition and shall not be a harbor for rodents, flies, or insects.
(Code 1984, § 430:87)
Sec. 6-19. - Dead animals.
Disposal of dead animals is regulated as follows:
(1)
The term "body" does not include the ashes of a cremated animal.
(2)
The body of any animal that dies in the city shall, within 24 hours of death, be cremated, removed
from the city, or buried in accordance with the terms of this section. No animal weighing more than
100 pounds shall be buried in the city except as provided in subsection (4) of this section.
(3)
Burial of an animal shall be at a minimum depth of at least three feet and in a manner designed so as
to prevent exposure of the carcass by erosion, the digging by other animals, or any other reasonably
foreseeable act or occurrence. No animal shall be buried in any area deemed by the city to pose a
threat to the public's health, safety or welfare, such as low swampy areas, areas which may be subject
to flooding, areas in close proximity to any water table, or under any other conditions, soil or
otherwise, which could create the potential threat to the public's health, safety or welfare, unless
proof acceptable to the city is provided showing that any such condition present or likely to be
present will not pose such a threat or will be neutralized so as to substantially eliminate such a threat.
(4)
Dead animals may be buried in a pet or animal cemetery established within the city with the consent
of the city council. Burials shall be made in such cemetery pursuant to such terms and conditions as
are established by the council and the owner of the cemetery.
(5)
No person shall assist in, countenance or allow any interment or deposit of a dead animal or any
other activity in violation of provisions of this section.
(Code 1984, § 430:90)
Sec. 6-20. - Wild animal feeding prohibitions.
(a)