ORD 19-25Of
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Ordinance 19 - 25
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An Ordinance Repealing and Replacing Chapter 10, Relating to Animal
Regulations, of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION I.
Chapter 10, Animals is hereby repealed and replaced with the following.
ARTICLE I. - IN GENERAL
10. I. - Purpose
The purpose of this ordinance is to establish regulations for the control of animals to protect the
public health, safety, and welfare, and to allow for uniform enforcement of such regulations.
10.2. - Definitions
For the purposes of this Chapter, the following terms and definitions apply:
Animal means any mammal, reptile, amphibian, fish, bird, or other member commonly accepted as
part of the animal kingdom. Animals shall be classified as follows:
Animals, agricultural means animals which are used for the production of food or other
products. Agricultural animals shall include cattle, swine, bees, sheep, goats, chickens,
turkeys, horses, and other animals commonly accepted as farm animals in the state.
Animals, dangemus means a mammal, bird, or large or poisonous reptile with a propensity to
be dangerous to the safety and welfare of any person, property or other domestic animal.
Examples of such dangerous animals include but are not limited to bears, lions, wolves,
coyotes, cougars, tigers, panthers, apes, alligators, crocodiles, large snakes (greater than 6
feet), and poisonous snakes, badgers, and ocelots, excluding dogs, cats, other traditional
house pets and livestock. Dangerous animals shall also include any animal that has attacked
or bitten any person when the attack or bite was unprovoked. Animals which are cross -bred
with dangerous animals shall also be considered dangerous animals.
Animals, domestic means a tame, non-agricultural, animal that is subject to the dominion and
control of an owner and accustomed to living in or near human habitation without requiring
extraordinary restraint or unreasonably disturbing such human habitation. Unless otherwise
defined, such 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.
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Animals, nontraditional or exotic means animals which are not normally considered to be
domesticated but are not dangerous animals as defined in this section.
Animal Control Officer means any individual designated by the Chief of Police to enforce the
provisions of this Chapter.
Animal Shelter means any premises designated by the city for the purpose of impounding and caring
for animals held under the authority of this Chapter. The facility may be owned by the city or may
be a contracted shelter service.
Kennel, Commercial means any place where a person accepts dogs from the general public and where
such animals are kept for the purpose of selling, boarding, breeding, training, grooming, dog -sitting,
except a veterinary clinic.
Kennel, Private means where more than three dogs are kept for private enjoyment and not for
monetary gain, provided such animals are owned by the property owner or the lessee of the
premises on which they are kept.
Owner means any person, firm, corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having care, custody, or control of an animal.
10.3. — Dangerous, Nontraditional, and Exotic Animals Prohibited.
No person shall keep, harbor, or maintain care custody, or control, over any dangerous,
nontraditional, and exotic animals within the city limits. 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.
10.4 — Agricultural Animals
Agricultural animals shall only be kept in agricultural districts within the city or other districts as
allowed in the city zoning ordinance and pursuant to restrictions set forth in the zoning ordinance.
An exception shall be made to this section for those farm animals brought into the city as part of an
operating zoo, veterinarian clinic, scientific research laboratory, or licensed show or exhibition.
10.5 — Nuisance Animals
(a) It shall be the obligation and responsibility of the owner of any animal in the city, whether
permanently or temporarily therein, to prevent such animal from committing any act which
constitutes a nuisance. Failure on the part of the owner to prevent his/her animal from
committing an act of nuisance shall be subject to the penalty herein provided.
(1) Noisy Animals: It shall be unlawful for any person to keep or harbor an animal which
habitually barks or cries. Habitual noise shall be defined as barking or crying for repeated
intervals of at least five (5) minutes with less than one minute of interruption. Such barking
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or crying must also be audible off of the owner's premises. Repeated barking or crying due
to intentional provocation by an unrelated individualresiding off the property of the owner
is not considered habitual for purposes of this subsection, nor is barking or crying related to
a periodic external stimulus such as a nondomestic animal, machinery or unusual activity
within the vicinity of the premises.
(2) Excrement: The owner of any animal shall be responsible for cleaning up any feces of the
animal and disposing of such feces. Feces on the property of others or on public property
must be cleaned up immediately. Feces on your own property is required to be cleaned up.
(3) Running at large: Any domestic or agricultural animal shall not be permitted by the owner to
run at large within the city. For purposes of this section the term "at large" means any
animal not restrained by chain or leash not exceeding eight feet, except:
a. Police dogs;
b. Animals restrained in a vehicle, fenced -in area, or building;
c. Animals on the premises of the owner and under the control and direction of the owner
so as to be effectively restrained by command as by leash.
d. Animals accompanied by the owner and under the control and direction of the owner so
as to be effectively restrained by command as by leash.
e. Off -Leash Dog Park.
(4) Destruction of property: It is a nuisance for an animal to molest, defile, or destroy any
property, public or private.
(5) Vicious Animals: It is a nuisance for an animal to bite, attack, or endanger the safety of
humans or domestic animals.
(6) Diseased or dangerous animal:
a. Any animal displaying symptoms of being rabid may be seized and shall be confined by
the animal shelter at the expense of the owner, until found to be free from rabies.
b. If any animal appears to be diseased, vicious, dangerous, or rabid, or has been exposed
to rabies, and such animal can't be taken up and impounded without serious risk, such
animal may be disposed of if reasonably necessary for the safety of any person.
(7) Non -domesticated animal nuisances: The city does not manage wildlife. Wildlife removal is
handled by the Minnesota Department of Natural Resources or a private pest removal
company.
(b) Disposition of Seized Animal. Any animal seized under the provisions of Section 10.5 shall be
taken to the animal control shelter and kept there to be reclaimed by the owner. The owner shall
pay all fees related to impounding. An animal shelter shall maintain records in accordance with
Minnesota Statute Chapter 346.47, subd. 2.
(c) Violations. No animal shall be permitted to be a nuisance. Any owner who keeps, harbors, or is
in physical control of an animal that is a nuisance shall be in violation of this article.
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10.6— Impounding
(a) Generally.
(1) The Animal Control Officer shall take up and impound any animals which are in violation of
any of the provisions of this Chapter. Animals shall be impounded in an animal shelter and
confined in a humane manner. Impounded animals shall be kept for not less than five (5)
regular business days of the animal shelter, unless reclaimed by their owners.
(2) If an animal is found at large and the owner can be identified and located, such animal need
not be impounded but may, instead, be taken to the owner. In such cases, however,
proceedings may be taken against the owner for violation of this Chapter.
(3) The Animal Control Officer may enter upon any public or private premises by warrant or as
otherwise provided by law when such officer is in reasonable pursuit of his or her duties.
(4) Upon receiving any animal as provided in this Chapter, the animal shelter personnel who
receive animals shall check for identification on each animal, identify the owner by the
identification whenever possible, and promptly notify the owner of the location of the
animal by the most expedient means. The animal shelter and police department shall
maintain a record of animals so impounded per Minnesota Statute 346.47.
(b) Claiming an Impounded Animal.
(1) The owner of the impounded animal shall pay the animal shelter all fees related to
impoundment.
(2) If a rabies vaccination is required and the owner cannot produce proof the animal has had a
current rabies vaccination, the animal shelter shall ensure that such dog or other animal is
vaccinated for rabies as a condition of release to the owner, the animal's owner shall pay to
the animal shelter the cost of the immunization.
(3) The owner of the impounded animal shall be liable for and pay the animal shelter the cost of
feed and care for each day the animal is impounded in the animal shelter.
(c) Unclaimed Impounded Animals.
Any impounded animal not claimed within 5 regular business days of the animal shelter shall
become the property of the animal shelter and they may let any person claim the animal, release the
animal to an animal shelter, or cause the animal to be disposed of in a manner permitted by law. The
licensed owner shall be liable to the animal shelter for costs incurred in confining and disposing of
the animal.
Secs. 10-7-10-30 Reserved.
Article 11. — Dog Kennels
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10.31 — Determination of Dog Kennel.
(a) The keeping of more than three dogs 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 born of the dog(s) allowed on the premises may be kept for a period of six
months before such keeping shall be deemed to be a kennel. No person may operate a
kennel without first obtaining a permit from the city.
(b) Nuisance Declared: Because the keeping of more than three dogs on the same premises is
subject to great abuse, causing discomfort to people in the area by way of smell, noise,
hazard, and general aesthetic depreciation, the keeping of more than three dogs on the
premises without obtaining a kennel license pursuant to applicable ordinances and the city
zoning ordinance is hereby declared to be a nuisance, and no person shall keep or maintain a
dog kennel within the city without proper city authorization.
(C) Kennel Permit
(1) Issuance; No person shall operate a kennel in the city without first obtaining a permit.
Application for such permit shall be made to the office of the city clerk and shall be
accompanied by the permit fee. Such a permit shall be issued by the office of the city clerk
upon a showing of compliance with all laws and ordinances.
(2) Term and renewal; fee. Kennel permits shall expire on December 31 of the year issued.
�. Licenses must be renewed annually. Application for renewal shall be made at least 60 days
before the expiration and shall be in the form and manner required for the original license.
The kennel permit fees shall be as established by ordinance and paid at the time of
application.
(3) Upon timely submission of an application for renewal, the office of the city clerk shall renew
each license meeting the requirements for the issuance of the original license no later than 30
days before the expiration. Late applications shall be acted upon within 30 days of the
application date.
(4) Maintenance of premises; inspections; revocation of permit. Commercial and private kennels
shall be kept in a clean and healthful condition at all times and shall be open for inspection
by the animal control officer at any reasonable time. A commercial or private kennel permit
may be revoked by the council as outlined in section 38-35 by reason of the violation of this
chapter or any health or nuisance order, law, or regulation. Commercial and private kennels
must meet the minimum standards set forth per the Minnesota Pet and Companion Welfare
Act, Minnesota Statute Chapter 346.35 — 346.44.
(5) Right to hearing. If a license is denied by the office of the city clerk, the city clerk shall
notify the applicant of the determination in writing, including the facts and specific section
or sections of this article upon which this determination was made, and their right to a
hearing before the city council. The city clerk shall follow the hearing procedures outlined in
article II of chapter 38 regarding business licenses and business permits.
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10.32 — Inoculation against rabies.
All dogs and cats kept, harbored, maintained, or transported within the city shall have current
vaccinations given by a licensed veterinarian for rabies. The owner shall possess proof of such
inoculation and period of effectiveness.
10.33 — Animals in motor vehicles
(a) Unattended animals. A person may not leave an animal unattended in a standing or parked
motor vehicle in a manner that endangers the animal's health or safety.
(b) Removal of animals. A peace officer, as defined in MN Statute % 626.84, a humane agent, a
dog warden, or a volunteer or professional member of a fire or rescue department of a
political subdivision may use reasonable force to enter a motor vehicle and remove an
animal which has been left in the vehicle in violation of Section 10.33 (a). A person
removing an animal under this section shall use reasonable means to contact the owner of
the animal to arrange for its return home. If the person is unable to contact the owner, the
person may take the animal to an animal shelter.
(c) Petty misdemeanor. A person who violates Section 10.33 (a) is subject to a fine of $25.
10.34 — Dangerous dogs
Except as otherwise provided in this section, the regulation and procedural provisions of Minnesota
Statutes §5 347.50 to 347.565 are adopted by reference as if it was fully set forth herein.
10.35 — Designation of dangerous dogs.
(a) The Chief of Police or a designee may declare an animal a "dangerous dog" as defined in
Minnesota Statutes §§ 347.50, subd. 2. The Chief of Police or designee shall notify the
animal's owner in writing of the designation and provide information to the owner
pertaining to the regulation of dangerous dogs. The owner of a "dangerous dog" must
comply with all provisions of Minnesota Statutes §§ 347.50 through 347.56.
(b) Potentially dangerous dogs shall be regulated as defined in Minnesota Statutes §§ 347.50 to
347.565 the same as if they were dangerous dogs. Notwithstanding the provisions of
Minnesota Statutes §§ 347.50 to 347.565, the following exceptions shall apply:
(1) The dog is not required to be sterilized; and
(2) A surety bond or policy of liability insurance is not required; and
(3) Warning signage and dangerous dog tag are not required.
(c) No person shall take a dog that has been declared dangerous or potentially dangerous into
the city's dog parks or trails unless the dog is muzzled and restrained by a substantial chain
or leash, and is under the physical restraint of a responsible person.
10.36 — Violations; Penalty
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Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law.
SECTION 2.
This Ordinance shall be in full force and effect from and after its passage and publication.
Passed and adopted by the City Council of the City of Elk River this 16th day of December, 2019.
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ATTEST:
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Tina Allard, City Clerk
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