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HomeMy WebLinkAbout2.c. Animal OrdinanceCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: JULY 15th, 2003 AGENDA: REVIEW CURRENT ANIMAL ORDINANCES AGENDA SECTION: DISCUSSION PREPARED BY: CHARLIE O'BRIEN Mn CODE ENFORCEMENT OFFICIAL T 1PE�, V ATTACHMENTS: CURRENT ORDINANCES, ORDINANCES APPROVED BY: PROPOSED BY STAFF IN 12/02, SUPPLEMENTAL INFO. Council has requested a review of the animal ordinances at the Committee of the Whole /Council Work Session meeting on July 15 ' Staff attached the current ordinances, the ordinances that were proposed by staff in December of 2002 and supplemental information related to current animal issues that affect the scope and direction of animal control within the city. I CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. XIV.23 AN ORDINANCE AMENDING THE CITY CODE AND ZONING ORDINANCES: PERTAINING TO THE ADMINISTRTION AND ENFORCEMENT OF ANIMAL CONTROL IN THE CITY OF ,ROSEMOUNT. It is the purpose of this ordinance to protect and promote public health, safety and the general welfare of humans and animals. To regulate the care and keeping of animals within the city. To reduce or eliminate the encroachment on private property, public right of ways, and public property of unrestrained, unregistered, unvaccinated, prohibited, or dangerous animals and the risks posed to humans and other animals caused by the improper care, control, and keeping of animals. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount City Code, Section 7- 4A, 74B, AND 7 -4C, are repealed in their entirety and replaced with a new chapter 7- 4A, Animals, to read as follows: 74A -1: Definitions 7 -4A -2: Permitted Domesticated Animals 7 -4A -3: Prohibited Wild Animal 74A -4: Licenses Requirements 7 -4A -5t Running at Large 7 -4A -6: Feces and Excrement removal 7 -4A -7: Barking Dogs 7 -4A -8: Abuse/Neglect of Animals 7 -4A -9: Apprehension of Animals 7- 4A -10: Reclaiming Animals from the Animal Shelter 7- 4A -11: Offenses 74A -12: Animal Bites 7- 4A -13: Dangerous Dogs 74A -14: Commercial Kennels, Permit Required. 74A -15: Pigeons 7- 4A -16: Chickens 74A -17: Feeding of Animals 74A: ANIMALS: 7 -4A -1: Definitions. As used in this chapter, the terms defined in this section shall have the following meanings ascribed to them. "Animal" means any living creature, excluding humans and plants. Animal Control Officer:" Animal Control Officer means any Police Officer, Community Service Officer, Humane Agent or other employee or delegate designated by the City Council who is primarily responsible for and responds to animal related issues within the City of Rosemount. Animal Control Unit:" Animal Control Unit" means that operational unit or any employees of the City of Rosemount assigned to that unit within the Rosemount Police Department that is primarily responsible for responding to animal related problems and the enforcement of related ordinances and statutes. At Large:" At large" means on or off the premises of the owner and not under the control of the owner or some other person of suitable age and discretion by command or by leash, chain, cable, fence, kennel or other suitable enclosure. An animal enclosed within a residence, dwelling, business or other structure so that it cannot leave on its own volition shall not be considered "at large ". By Command:" By Command" means when the owner is walking, jogging or bicycling on public property or private property of another, a dog must be within six (6) feet of its owner at all times. When on its owner's property or fetching and playing on public property, the dog must be visible to the owner and be within thirty (30) feet of the owner or another person responsible for control of the dog. Dog must always return to the owner so that a leash can be attached, on no more than two (2) voice commands. Any dog declared potentially dangerous or dangerous must never be off its leash. t COMMERCIAL KENNEL "Commercial Kennel" shall mean a place where more than Five (5) dogs, cats, or ferrets over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted. Commercial Kennels must house all animals indoors between the hours of sunset and sunrise. Commercial Kennels are allowed in all areas zoned Agricultural, Rural Residential, and the C -1 and C-2 commercial districts. Owner: "Owner" means any person owning, keeping, harboring or maintaining an animal within the City or permitting such animal to be at large within the City. An animal shall be deemed to be harbored if it is fed or sheltered for three days or more. 74A -2: Permitted Domesticated Animals: "Permitted Domesticated Animals" Any person may own, keep, harbor or maintain any domesticated animal that is not susceptible to rabies. A. Any person may own any domesticated animal that is susceptible to rabies if it can be vaccinated for rabies and it has been vaccinated with a vaccine licensed for use specifically for that species of animal Based on current knowledge, the following animals can be legally vaccinated for rabies: dogs, cats, ferrets, cattle, sheep and horses B. It shall be unlawful to own, keep, harbor or maintain any domesticated animal that is susceptible to rabies and that has not been vaccinated with an approved vaccine. However, the keeping of pigeons shall be permitted in accordance with this chapter and the keeping of chickens shall be permitted in accordance with this chapter. C. Ownership Limits. No person shall .keep, maintain or otherwise house more than a total of five cats, dogs or ferrets over the age of six months within any household in the City of Rosemount unless authorized elsewhere in this chapter. 1. For the purposes of this section, the term "household" refers to a single family residence or single unit of a town home, condominium, apartment or comparable structure that is rented, leased or used as a single unit. 2. This section shall not be construed to limit the ability of apartment managers, landlords, town home associations or other representatives of property owners to impose greater restrictions. D. Any person who owned more than five cats, dogs or ferrets prior to the effective date of this ordinance shall be permitted to keep those animals provided that those animals in that household were properly licensed prior to the effective date of this ordinance. No person affected by this subdivision shall be permitted to acquire any additional cats, dogs or ferrets or to replace any cats, dogs or ferrets in excess of five except as provided under a Commercial Kennel permit as allowed in this chapter, or as specifically authorized by the City Council. E. Any person, who moves into the City of Rosemount may bring any cats, dogs or ferrets, not to exceed a total of five, into the City. The animals must be properly licensed within 30 days of establishing residence in the City. F. Any person who currently owns cats, dogs or ferrets who becomes a resident of the City by annexation shall be permitted to keep those animals provided that those animals are properly licensed within 30 days following approval of the annexation. No person affected by this subdivision who owns more than five cats, dogs or ferrets shall be permitted to acquire any additional cats, dogs or ferrets or to replace any cats, dogs or ferrets in excess of five except as . provided under a Commercial Kennel permit as allowed by this chapter, or as specifically authorized by the City Council. G. Persons who are not defined as 8. Any other animal, bird or reptile that is Commercial Kennels as set forth by this commonly considered wild and not chapter may breed any properly licensed domesticated. cat, dog or ferret and raise litters. The total number of cats, dogs or ferrets kept within B. Exceptions to Definition of Wild the household must be reduced to five Animal are: within six months of birth. 1.Nonpoisonous snakes, domesticated birds, 7 -4A -3: Prohibited Wild Animal: It shall hamsters, mice, rabbits, lizards, spiders be unlawful to keep any wild animal within and other similar small animals capable of the City limits, except as permitted pursuant being kept in cages including rats, if to the provisions of this section. purchased from a bona fide pet store; A. As used in this section, "wild 2. Medically prescribed companion animals; animal" shall have the following meaning: Any animal, mammal, amphibian or reptile 3. Wildlife rehabilitators may only possess that is of a species that is wild by nature or animals with a Minnesota Department of of a species that due to size, vicious nature Natural Resources permit. Such animals or other characteristics is inherently will be kept in a manner as to not create dangerous to human beings. Examples of unsanitary conditions or unreasonable wild animals, without limitation, are: noise; I. Any large cat of the family Felidae, such 4. Birds and birds of prey if kept pursuant to as lions, tigers, jaguars, leopards, cougars a valid US Fish and Wildlife Services and ocelots, except domestic house cats; permit; 2. Any member of the family Canidae, such 7 -4A -4: Licenses Requirements: It is as wolves, hybrid wolves, coyotes, unlawful for any person to keep, harbor or dingoes and jackals, except domesticated maintain a dog, cat or ferret over the age of dogs; four months unless it is licensed as hereinafter provided. However, if the 3. Any crossbreed such as crossbreeds animal is harbored or kept on the premises between dogs and coyotes, dogs and of a recognized Humane Society shelter or wolves, but does not include crossbred pet store it need not be licensed. Licenses domesticated animals; for such dogs, cats and ferrets may be issued by the city clerk, the animal control unit and 4. Any poisonous snake including but not any licensed veterinarian authorized by the limited to rattlesnakes, coral snakes, water city clerk. Applications for licenses shall be moccasins, puff adders or cobras; made on forms approved by the city which shall require the name and address of the 5. Any skunk, raccoon, fox or animal owner, the name, breed, age, color, and sex protected under State of Minnesota or of the dog, cat, or ferret and such other Federal wildlife regulations; information as may be considered necessary. License applicants shall also provide proof 6. Any bear, ape, monkey in excess of five of compliance with the vaccination (5) pounds, or badger; requirements of this chapter. 7. Any porcine including but not limited to pot- bellied pigs; A. Licenses for Non - Licensed Impounded Animals. Animal control officers shall issue licenses for animals that have been impounded prior to their release that have not been previously licensed according to the requirements of this chapter and shall charge the fee appropriate for a two -year license. B. License Term and Fees. A dog, cat or ferret license shall be valid for the period indicated on the rabies vaccination certificate, or two years, whichever comes first. The fee for a license shall be set by resolution of the City Council. If the owner presents a rabies certificate that expires within two years from the date of license issue, the license shall expire upon expiration of the vaccination certificate and no refund shall be due. C. Fee Reduction for Spay/Neuter. Any person who owns a cat or dog and spays or neuters the animal may license it as a spayed or neutered cat or dog. The license fee shall be reduced by the amount specified by resolution of the City Council. Any person desiring to license a cat or dog as spayed or neutered must first provide a veterinarian's certificate, or receipt or other reasonable documentation showing that the cat or dog has been spayed or neutered. There will be no refunds due if animal is spayed or neutered during current license period. D. Renewals. Any person who licenses a dog or cat as spayed or neutered need not provide veterinary proof for license renewals unless the cat or dog license has been revoked for falsely licensing the animal as spayed or neutered or there is reason to believe that an animal has not been spayed or neutered. E. Revocation of licenses and permits. Any person making any false statement on any license or permit application required by this chapter shall be guilty of a misdemeanor. The City Clerk shall revoke any license or permit issued under this chapter if the owner has made any false statement on the license application. No refund of any fees shall be due to any licensee or permit holder whose license or permit has been revoked. F. Reinstatement of licenses and permits. Any person whose license or permit has been revoked under 7=4A -4: E may reapply for such license or permit after all deficiencies have been corrected. Any person making application after any revocation shall follow the procedures set out for the initial issuance of the permit or license and shall pay the fees in the full amount that would be required for an original application. G. Transfer of License. The license of any dog, cat or ferret, licensed by the City of Rosemount may be transferred to a new owner for the duration of that license. The transfer will be complete when the information regarding the new owner is filed with the City Clerk. The fee for license transfers shall be set by resolution of the City Council H. Vaccination Certificates, Fees and Enforcement. Rabies vaccination required. It is unlawful for any person to keep, harbor or maintain any animal over the age of four months that is susceptible to rabies unless that animal has been vaccinated against rabies at least every 24 months, unless otherwise specified by a licensed veterinarian. I. Rabies vaccination certificate to accompany license application. Each application for a dog, cat or ferret license must be accompanied by a rabies certificate from a qualified veterinarian showing that the animal has been vaccinated against rabies. No dog, cat or ferret shall be licensed which has not been vaccinated as required by this chapter within the 24 month period immediately preceding the date, application for license is made. J. Impounded animals exception. However, an exception shall be made for impounded animals that were previously unlicensed which are being released from the Animal Shelter. Animal Control shall issue a license to the person who claims the animal on the condition that the claimant provides a rabies vaccination certificate to Animal Control within ten (10) days from the date of release. It shall be unlawful for any person to claim an animal from the Animal Shelter without providing a rabies vaccination certificate for the animal to the Animal Shelter within ten (10) days of the animal's release. K. Tags. With each license, the city clerk the animal control unit or authorized veterinarian shall issue a metal tag bearing the license number of such dog, cat or ferret. The animal shall wear a collar or harness on which the license tag is affixed except when the dog, cat, or ferret for which" the license is issued is indoors on the premises of the owner. L. No person shall counterfeit the metal tags provided for in this section or use a counterfeit tag, or take from any dog, cat or ferret a tag legally placed upon it by its owner or place a tag so taken upon another dog, cat or ferret. M. Replacement tags. Lost or destroyed license tags may be replaced at the City Clerk's Office after the owner and animal information is transferred to a new tag number. The fee for duplicate tags will be set by resolution of the City Council 7 -4A -5: Running at Large. Animals not to be at large, restraint required A. No owner of any animal, except a licensed cat, whether kept, harbored, or maintained within or without the city, shall permit or suffer such animal to run or move at large at any time within the city. For the purpose of this section, every such animal at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending animal escaped or is otherwise at large without the permission or sufferance of its owner. B. Running at large, licensed cat. Notwithstanding the provisions of this chapter, the owner of a licensed cat shall not permit such animal to be at large on public property or on the private property of another unless the owner of such property actually consents thereto. 7 -4A -6: Feces and Excrement removal: A. Condition of Premises: Dog and Cat Excrement. It is unlawful for any person who owns or has custody of a dog or cat to cause or permit such animal to defecate on any private property without the consent of the property owner or on any public property, unless such person immediately removes the excrement and places it in a proper receptacle. The provisions of this subdivision shall not apply to seeing -eye dogs under the control of a blind person or dogs while being used in city police activity. B. Penalty. Violation of this section shall be a petty misdemeanor. 7 -4A -7: Barking Dogs. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries or makes other noise excessively so as to cause annoyance, disturbance or discomfort to any individual provided that such noise lasts for a period of more than five minutes continuously or intermittent barking that continues for more than one hour and is plainly audible outside the property limits of where the dog is kept. A. Exception. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located. B. Penalty. A first time violation of this section shall be deemed a petty misdemeanor. 7 -4A -8: Abuse/Neglect of Animals. Care and keeping of animals: A. Food. Animals must be provided with food of sufficient quantity and quality to allow for normal growth and maintenance of body weight. B. Water. Animals must be provided with clean, fresh water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water supply. C. Transportation. Animals must be contained within the passenger section of any vehicle or placed in crates or carriers of sufficient size to accommodate the animal. Animals carried in open vehicles, including trucks, boats, motorcycles, dirt bikes, trailers, etc., must be restrained in a crate or carrier or restrained by a chain or cable to prevent the animal from leaving the vehicle or being tossed out.. _ D. Shelter. Animals must be provided with shelter at all times during inclement weather. The shelter must be large enough to comfortably accommodate the animal, be windproof and waterproof and contain enough bedding to provide the animal with insulation against the elements. Shade must be provided at all times during the months of May through October. E. Sanitation. It shall be unlawful for any person to allow food or water receptacles, kennels, yards or the premises where the animal is kept to be or to remain in an unhealthy, unsanitary, or obnoxious condition or to permit the premises to be in such condition that obnoxious odors can be plainly detected on adjacent public or private properly. F. Enforcement. An animal control officer or a police officer may issue a citation to the owner of any animal and/or remove any such animal from any premises if the welfare of that animal is threatened due to a violation of this section., G. Reclaiming Neglected Animals. Any animal, removed from any premises pursuant to section 7 -4A -9, may be reclaimed by the owner within five working days from the time the animal was taken, provided that all conditions for which the animal was removed have been corrected. The owner shall also be liable for payment of all boarding fees to the City. Any animal not reclaimed within the time allowed may be disposed of pursuant to Section 7- 4A -11. H. Abandonment. Any animal left at the Animal shelter by the owner, keeper, or caretaker beyond five working days after being notified as required by Section 7 -4A- 10: shall be deemed abandoned and may be disposed of according to Section 7 -4A -11 The owner shall be liable for payment of all fees and expenses incurred by the city for the care and/or disposal of the animal. 7 -4A -9: Apprehension of Animals. A. Seizure of Animals at Large. An animal control officer may apprehend and take possession of any animal at large. Any animal apprehended by an animal control officer may be conveyed to the city animal shelter to be there confined until released or disposed of as hereinafter provided. B. Seizure of Unlicensed or Unvaccinated Animals. Any animal control officer or police officer may seize any animal that is not licensed or not vaccinated or the possession of which is prohibited within the City of Rosemount provided that the officer can demonstrate that the owner or other person in control of such animal has been warned or cited for at least three previous violations of 7 -4A -4 or its subdivisions. Any animal seized under this section shall be taken to the shelter and held according to the provisions of 7- 4A -11. Any other prohibited. animal shall be confined by the Animal Control Unit in an appropriately secure place and disposed of according to Minnesota law. C. Notice of Apprehension. D. Licensed Animals. Within 48 hours after apprehending any licensed dog, cat, or ferret pursuant to Section 7- 4A -10: the Animal Control Unit shall make reasonable efforts to contact the owner at the address /telephone number listed when the animal was last licensed. 7- 4A -10: Reclaiming Animals from the Animal Shelter. Within the time limit set forth in Section 7- 4A -11: C, the owner of any animal seized pursuant to this chapter may retrieve the animal from the city animal shelter, provided the owner first purchases the appropriate license, pays all impound fees to cover the cost of apprehending the animal, boarding fees to cover the cost of sheltering the animal, pays any veterinary costs incurred by the City, and pays any other costs incurred by the City. A. Additionally, if vaccination is required, the owner must make arrangements to have the animal appropriately vaccinated by a veterinarian in the presence of an animal control officer prior to being released from the shelter. Any owner who fails to comply with these requirements within five working days shall be deemed to have forfeited any property right to the animal and the City may dispose of it pursuant to 7- 4A -11. B. The council may from time to time amend the fees and penalties set forth in this chapter by resolution. A copy of the resolution setting forth the currently effective fees shall be kept on file at the animal shelter. C. Disposing of Unclaimed Animals. If any animal apprehended by the Animal Control Unit is not claimed by its owner within five days after the date of apprehension, excluding holidays or other days the animal shelter is closed, the Animal Control Unit shall cause the animal to be destroyed in a humane way or may allow the animal to be adopted by any other interested person over the age of 18 after payment of such fees as may be determined by the Council. 7- 4A -11: Offenses. A. No person shall break open the animal shelter or attempt to do so, or take or attempt to take from an animal control officer or any police officer or any other authorized representative of the city, any animal taken up or apprehended in compliance with this chapter or in any manner intentionally interfere with or hinder such persons in the discharge of their duties under this chapter. B. Citations for Certain Violations. The Animal Control Unit is authorized to issue a citation to any person, firm, or entity for any alleged violations of this chapter and any other ordinance or statute that provides the basis for prosecution of violations, of this chapter. Nothing within this chapter shall be construed to limit the authority of police officers to enforce any provisions of this chapter or related statues or ordinances. 74A -12: Animal Bites. Whenever any animal shall have bitten a person or there is good reason to believe that such animal has bitten a person, such fact shall be reported within 24 hours to the Police Department and thereafter the owner of such animal shall comply with the instructions of said department concerning such animal. 7- 4A -13: Dangerous Dogs. Definitions. For the purposes of section 7- 4A -14, the terms defined in this section shall have the meanings given them. Dangerous Dog: "Dangerous Dog" means any dog that has: Without provocation, inflicted substantial bodily harm on a human being on public or private property; or killed a domestic animal without provocation while off the owner's property; or exit through them; secured with a covering that prevents escape and provides protection from the elements. This enclosure must be locked. A porch, patio, house, garage or other structure that cannot be locked or has walls, windows or doors that are not substantial enough to prevent the escape of the dog shall not be considered a proper enclosure. Or been found to be potentially dangerous, and after the owner has been sent notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or other domestic animals. Potentially dangerous dog "Potentially dangerous dog" means any dog that: When unprovoked, inflicts bites on a human or domestic animal on public or private property, Or when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude of attack; Owner: "Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog. A. Notice of Potentially Dangerous or Dangerous Dogs. If after an investigation conducted by an animal control officer or police officer, it is determined that a dog is potentially dangerous or dangerous according to the criteria described in 7 -4A- 13, the Animal Control Unit will serve a notice of intent to declare the dog potentially dangerous or dangerous dog on the owner of the dog in question. This notice shall inform the owner of this designation, the basis for the determination, the procedures for contesting the designation as described in 7- 4A -14: B and the result of the failure to contest the designation as described in 7- 4A -13: H. B. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. If the owner of a dog has received a notice of intent to declare a dog as a potentially dangerous or dangerous dog, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. This request must be made in writing and delivered to the supervisor of Or has a known propensity, tendency or the animal control unit within 14 days of disposition to attack without provocation receipt of the notice of intent to declare a causing injury or otherwise threatening the dog as potentially dangerous or dangerous. safety or humans or other domestic animals. Proper enclosure: "Proper enclosure" means securely confined indoors or in an enclosure that has flooring that prevents digging, sides that prevent chewing C. Initial Review. Upon receipt of such request, the supervisor of the animal control unit will forward the request along with all necessary supporting documentation to the City Attorney. The City Attorney will make an initial review of the evidence surrounding the notice to determine if.there is sufficient evidence supporting the designation to convene a hearing of the Animal Control Review Panel. If there is insufficient evidence supporting the designation, the City Attorney shall withdraw the designation and none of the requirements of this ordinance applying to dangerous or potentially dangerous dogs shall apply to the dog in question. If there is sufficient evidence that the Animal Control Review Panel could uphold the designation, the City Attorney will cause this notice to be brought to the attention of the Review Panel that will conduct the hearing. D. Hearing Procedure. The Animal Control Review Panel will consist of the Mayor, a council member, and a veterinarian. The panel will schedule a hearing and may call witnesses and review documents as needed to make a determination on the issue. Owners shall have the right to present evidence on their behalf and to cross - examine any witnesses. A simple majority of the members of the panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The burden of proof is on Animal Control. A finding supporting a designation of dangerous or potentially dangerous dog must be proven by a preponderance of the evidence. The decision of the Animal Control Review Panel shall be in writing and shall indicate the reasons for the findings. A copy of the findings shall be provided to Animal Control and the dog owner. E. Effect of Findings. If the panel finds there is sufficient basis to declare a dog as potentially dangerous or dangerous, that finding will serve as notice to the owner that the dog is in fact a potentially dangerous or dangerous dog and the owner must immediately comply with all applicable requirements of this chapter or immediately cause the animal to be humanely destroyed or removed from the City limits. F. Appeal. If the owner of the dog disputes the decision of the Animal Control Review Panel, the owner shall have the right to appeal the decision to the Rosemount City Council. The appeal must be filed with the City Clerk within 14 days of the panel's ruling. If the owner of the dog disputes the findings of the City Council, the owner may appeal to the Minnesota Court of Appeals as provided by state law. G. Mayor to Appoint Citizen Representative and Substitute Panel Members. The Mayor of the City of Rosemount shall appoint a citizen representative, preferably a veterinarian, to serve on the hearing panel on a voluntary basis. Such appointment shall continue in effect until the appointee resigns or is replaced by the Mayor. In the event the citizen representative is temporarily unavailable or has a personal interest in the outcome of the proceeding, the mayor may appoint another citizen representative to replace the initial appointee on the Panel. In addition, in the event the Mayor or relevant council member is temporarily unavailable or has a personal interest in the outcome of the proceeding, the mayor may appoint other members of the city council or city staff to sit in their place. H. Failure to Contest Notice of Intent to Declare. If the owner of a dog receives a notice from the Animal Control Unit of the intent to declare the dog as potentially dangerous or dangerous, and the owner fails to contest that notice within 14 days, the owner shall be considered as having forfeited the right to the hearing and as having consented to the designation of the dog as potentially dangerous or dangerous by default. The Animal Control Unit will then issue a declaration of dangerous or potentially dangerous dog to the owner and the owner must immediately comply with all applicable requirements of this chapter or cause the dog to be humanely destroyed or removed from the City. I. Potentially Dangerous or Dangerous Dog Designation Review. Beginning six months after a dog is declared a potentially dangerous dog or dangerous dog, an owner may request annually that the Animal Control Review Panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. It the Animal Control Review Panel finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. J. Registration. No person may own, possess, keep, harbor, maintain or otherwise have a dangerous dog or a potentially dangerous dog in the City unless the dog is currently registered as provided in this section. The City Clerk shall issue an annual certificate of registration to the owner of the dangerous dog or potentially dangerous dog if the owner presents sufficient evidence that: 1. A proper enclosure exists for the dangerous dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Unit, that there is a dangerous dog on the property; 2. a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $50;000, insuring the owner for any personal injuries inflicted by the dangerous dog or potentially dangerous dog; 3. the owner has paid the annual registration fee as provided for in this section; and 4. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minnesota Statute §347.515. K. Fees. The City may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog or a potentially dangerous dog under this section. Fees may also be charged for signs that are designated as the official symbols for posting and may be purchased from the City Clerk. These fees shall be set by resolution of the City Council L. Tag. A dangerous or potentially dangerous dog registered under this section must have a tag, issued by the City Clerk, identifying the dog as dangerous. This tag must be affixed to the dog's collar. The collar must be worn by the dog at all times. M. Seizure of Dangerous or Potentially Dangerous Dogs and Violations. An animal control officer or any police officer may immediately seize any dangerous or potentially dangerous dog and/or issue a citation to the owner ofany dangerous dog if 1. Within 14 days after -the owner has received notice that the dog is dangerous, the dog is not validly registered under subdivision 7- 4A -13: J; or 2. the dog.is not maintained in a proper enclosure; or 3. the dog is outside the proper enclosure and is not muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person; or 4. 14 days after the owner has received notice that the dog is dangerous or potentially dangerous, the owner does not secure the proper liability insurance or surety bond as required in 7- 4A -13: J; or 5. after the owner has been notified that the dog is dangerous or potentially dangerous, the dog bites or attacks a person or domestic animal. N. Confiscation and Destruction of Dangerous Dogs. If the owner of a dangerous dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and human manner, and that the owner pay the costs incurred in the confiscating, confining, and destroying the dog. O. Exemptions. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or damage was sustained by a person; 1. who was at the time of injury committing or attempting to commit a willful trespass or other tort or crime upon the premises occupied by the dog; or; 2. who was provoking, tormenting, teasing, abusing or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, teased, abused or assaulted the dog; 3. who was committing or attempting to commit a crime. 4. Law Enforcement Exemption. The provisions of this section do not apply to trained dogs used by law enforcement personnel officials for police work. 5. Apprehension. Notwithstanding the provisions set forth in subdivisions 7 -4A- 14: any animal control officer or any police officer is authorized and empowered to kill any animal which because of disease or viciousness constitutes an immediate threat to human life or safety or the life or safety of another domestic animal and cannot be safely taken up and impounded by other reasonable means. In such case, the owner shall be liable for any and/or all penalties provided by law. P. Destruction of Dog in Certain Circumstances. Notwithstanding the provisions set forth in this chapter, a dog that inflicts substantial or great bodily harm (as those terms are defined in Minn. Stat. §609.02) on a human being without provocation may be destroyed in a proper and humane manner by Animal Control. Animal Control shall issue a notice of intent to destroy the dog to the dog's owner. The owner shall have three days from receipt of the notice to request a hearing before the Animal Complaint Review Panel. The owner shall have the burden of establishing that the exemptions in 7- 4A -14:P apply to this incident, or that the dog would not otherwise be declared dangerous following a hearing conducted for that purpose. Q. Dangerous and Potentially Dangerous Dogs; Requirements 1. An owner of a dangerous or potentially dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. person owns a dangerous or potentially dangerous dog that will reside at the property. 6. A person who sells a dangerous or potentially dangerous dog must notify the purchaser that the animal control authority has identified the dog as dangerous or potentially dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. 7- 4A -14: Commercial Kennels. Permit Required. 2. An owner of a dangerous or potentially dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous or potentially dangerous dog in its new jurisdiction. 3. An owner of a dangerous or potentially dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the animal control authority, 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. 4. An animal control authority may require a dangerous or potentially dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense. A. No person, business, corporation or other entity may breed, whelp or raise dogs or cats for profit or sale within the City of Rosemount unless the person, business, corporation or other entity has obtained a Commercial Kennel permit from the City. B. Application for Commercial Kennel Permit. Anyone making application for a Commercial Kennel permit must provide the following information to the office of the City Clerk: Applicant's name, applicant's address, address of the location of where the breeding, whelping or raising will occur, the types and breeds of animals concerned and the numbers of adult animals to be kept for breeding purposes. The applicant must also demonstrate that the location where the breeding, whelping or raising will occur is suitably zoned for such activity or must obtain a variance from the City Council. 5. A person who owns a dangerous or potentially dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the C. Approval of Permit. After application for a Commercial Kennel permit has been made, a copy of the application shall be forwarded to the Animal Control Unit. The animal control unit will inspect the facility to assure that it is suitable for its intended purpose. The Commercial Kennel permit will be issued by the City Clerk's Office after the facility described in the application has been inspected and approved by the Animal Control Unit and after the applicant has paid the permit fee. The fee for a Commercial Kennel permit shall be set by resolution of the City Council. D. Permit Duration: A Commercial Kennel Permit once issued will expire on January 31 of the second January after the issue date. The fee will be prorated at the rate of one twelfth of the annual fee for each of the remaining months of the year when the Commercial Kennel permit is purchased. E. Inspection of Premises after Issuance of Permit. Any animal control officer, police officer, building inspector or other agent of the City of Rosemount may inspect any premises licensed under this section at any reasonable time, with or without prior notice to determine whether or not conditions of the premises are maintained in a proper manner. F. ' Penalties. Unless otherwise specified, violations of this chapter are declared to be misdemeanor offenses. 1. All applications for a permit shall specify the location of the coop or loft, and its approximate size. 2. Any pigeon coop or loft authorized by permit under this section may be inspected at any reasonable time by any agent of the city. 3. A pigeon coop.or loft permit maybe revoked or suspended by the council for violation of the provisions of this chapter following written notice and an opportunity for a hearing. 4. The fee for a permit shall be set by G. ' Quarantine of Unvaccinated Animal. resolution of the City Council and will The owner of an animal that inflicts a bite expire on December 31 of the second year on a human shall provide to animal control of the permit. evidence that the animal is current on its rabies vaccination. Animal Control may seize and hold such animal at the City's animal pound for a period of not less than 10 days if evidence of a current rabies vaccination is not presented or otherwise of record. The animal may be reclaimed by the owner upon payment of impounding and boarding fees. An animal not reclaimed under this subdivision within seven days may be disposed of and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal. 7- 4A -15: PIGEONS A. Pigeons Limited. It is unlawful for any person to keep or harbor pigeons on any premises unless issued a permit to do so as provided in this chapter. No permit shall be issued for the keeping or harboring of more than 25 pigeons on any premises. The term "premises" for the purposes of this section shall mean any platted lot or group of contiguous lots, parcel, or tract of land. B. Permit. No person shall maintain a pigeon coop or loft unless they have been granted a permit therefore by the city clerk. C. Confinement. Every person who owns, controls, keeps, maintains, or harbors pigeons shall keep them confined at all times while in the city in a cage, coop, or loft, except that homing or carrier pigeons, Rollers, or Tumblers, each having the owner's name or initials or other identification on a leg band, may be permitted to fly for necessary exercise and training while under the restrained control of the owner. Pigeons shall not be permitted to deface or light on buildings or property of others. D. Pigeon Coops or Lofts. All pigeons shall be confined in a coop or loft located not less than 25 feet from any residential building on other premises. All pigeons shall be housed in structures meeting the requirements of the building and zoning codes. E. Conditions. It shall be unlawful for any person owning, keeping, or harboring pigeons to permit the premises where the pigeons are kept to be or remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the premises to be in such condition that obnoxious odors are carried to adjacent public or private property. 7- 4A -16s CHICKENS A. Chickens Limited. It is unlawful for any person to keep or harbor chickens in any residential or commercial district unless issued a permit to do so as provided in this chapter. Chickens are an allowed use in agricultural districts and are exempt from the permit requirement. B. No permit shall be issued for the keeping or harboring of more than three (3) hen chickens on any premises. The term "premises" for the purpose of this section shall mean any platted lot or group of contiguous lots, parcels, or tracts of land in a residential district. C. Permit. No person shall maintain a chicken coop, loft or other enclosure in residential districts unless they have been granted a permit by the City Council. Coops, lofts and other enclosures for animals in agricultural districts are regulated by applicable zoning ordinance as well as by any restrictions in this chapter. 1. The permit shall be subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the council to protect the public health, safety, and welfare. 2. The necessary permit applications are available in the City Clerk's Office. Included with the completed application shall be a scaled diagram that indicates the location of any chicken coop or other enclosure and the approximate size and distance from adjoining structures and property lines. 3. A permit for the keeping of chickens may be revoked or suspended by the council for violation of the provisions of this chapter following written notice and an opportunity for a hearing. 4. The fee for a permit shall be set by resolution of the City Council and will expire on December 31 of the second year of the permit. D. Confinement. Every person who owns, controls, keeps, maintains, or harbors hen chickens shall keep them confined at all times while in the city in a coop or other enclosure. Any outdoor enclosures will be screened with a solid fence or landscaped buffer with a minimum height of 4 feet. Any outdoor enclosure shall be at least 25 feet from any residential structure on any other premises. D. Chicken Coops. 7- 4A -17: Feeding of Animals. 1. All chicken coops shall be located at A. Feeding of animals. Prohibition, no least 25 feet from any dwelling on any other person shall provide liquids or edible premises. material to animals or wildlife in a manner that will cause a public nuisance by the 2. All chicken coops or other structures number, size, or positioning of the feed shall meet the requirements of the building within the boundaries of the city. and zoning codes and shall not exceed 10 square feet per chicken and shall not exceed 1. Feeding in a manner that results in 6 feet in total height. the attraction of animals that cause property damage, a threat to public health, or animal 3. Chicken feed and manure shall be health due to the number or type of animals kept in rodent and raccoon proof containers attracted by excessive amounts of feed being and shall not be placed in the yard compost placed, or the byproducts of the seed piles. accumulating are deemed a public nuisance and are prohibited under this section. F. Chicken coops shall either be: a. Elevated with a clear open space of at least 2. Exception: This subsection does not 24 inches between the ground surface and apply to Veterinarians, Police Officers, framing/floor of the cooper; or, b. The coop Animal Control Officers, or any County, floor, foundation, and footings shall be State, or Federal Game Officials in the constructed using rodent resistant 4 inch course of their duties. poured concrete construction. The concrete foundation and footings shall penetrate the soil at least 24 inches with a 12 inch -right angle extending outward from the base. G. Conditions. It shall be unlawful for any person owning, keeping, or harboring hen chickens to permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary, or noxious condition or permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop or other enclosure authorized by permit under this section may be inspected at any reasonable time by a city animal control officer or other agent of the city. H. Violations. Any person who keeps or harbors chickens in the city limits of Rosemount without obtaining or maintaining a current permit or after a permit has been suspended or revoked by council action shall be guilty of a petty misdemeanor. Section 2: Rosemount Zoning Ordinance, Section 4.10: is amended as follows 4.10: ANIMALS: A. Keeping Animals: The following animals maybe kept in the City: 1. Domestic animals are an allowed use in all zoning districts. 2. Horses are an allowed use in all zoning districts provided: a. ' The minimum lot size is five (5) acres. b. The number of horses does not exceed one per two (2) acres. 3. Farm animals are an allowed use on all farm property. Farm animals may not be confined in a pen, feed lot or building within one hundred feet (100') of any residential dwelling not owned or leased by the farmer. 4. Animals being kept as part of the Minnesota Zoological Gardens or St. Paul Como Zoo docent programs are an allowed use in all zoning districts. Before such animals are allowed, however, the participant in the program must notify the City Clerk in writing of their participation in the program and identify the animal being kept. 5. Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. 1. The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or'nuisance by means of odor, noise or otherwise. 2. The person caring for any animal(s) shall be of sufficient age, knowledge and experience to adequately and safely care for and control the animal(s). 3. Facilities for housing animal(s) shall be: a. Constructed of such material as is appropriate for the animal(s) involved. b. Maintained in good repair. c. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). d. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. f. Enclosures confining domestic animals to an area of less than half of a rear yard area must conform with the property line setback standards for accessory buildings. (Section 7.2.A.6) 4. Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this Ordinance. (Ord. B, 9- 19 -89) 6. Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. B. Care of Animals: Animals kept within any zoning district shall be subject to the following requirements: Section 3. This ordinance will become effective from and after its date of publication. Adopted this 17th day of December 2002. Published, Friday January 3rd 2003 in the Rosemount Town Pages. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO ANIMAL CONTROL IN THE CITY OF ROSEMOUNT. It is the purpose of this ordinance to protect and promote public health, safety and the general welfare of humans and animals. To regulate the care and keeping of animals within the city. To reduce or eliminate the encroachment on private property, public right of ways, and public property of unrestrained, unregistered, unvaccinated, prohibited, or dangerous animals and the risks posed to humans and other animals caused by the improper care, control, and keeping of animals. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount City Code, Section 7 -4A -1; through 7 -4A -8, are amended to read as follows: CHAPTER 7 ANIMAL CONTROL 7 -4A -1: Definitions 7 -4A -2: Officers appointed To Enforce Chapter 7 -4A -3: Interference With Officers 7 -4A4: Animal Shelter Provided 74A -5: Rabies, Disasters, Animal Bites, and Zoonotic Diseases 7 -4B -1: Animal Registration Provisions 7 -4B -2: Registration of Kennels, Lofts, Prohibited and Dangerous Animals 7 -4B -3: Restraint of Animals Required 74B -4: Animal Tag, Collar and Microchipping Requirements 74B -5: Animal Care and Maintenance Requirements 7 -4B -6: Animal Confinement Provisions 7 -4B -7: Impounding and Disposal of Animals 7 -4B -8: Noise Nuisances 74B -9: Disposal of Feces 7- 4B-10: Keeping of Animals 7- 4B -11: Horse Regulations 7- 4B -12: Dangerous Animals 74B -13: Premises Requirements 7 -4C -1: Revocation and Hearing Processes 7 -4C -2: Proceedings: Abatement of Nuisance Caused By Animals 7 -4C -3: Exemptions From Provisions 7 -4C4: Penalties 74C -5: Statutory Citations 7 -4C -6: Conflict of Chapters a 7-4A -1: 7-4A -1: ARTICLE A. ADNIINISTRATION AND ENFORCEMENT 7 -4A -1: DEFINITIONS: As used in this Chapter, the following terms have the following meanings: ANIMAL "Animal" shall mean any non -human 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: Animals, Allowed "Allowed Animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, spayed or neutered ferrets, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non- venomous and non - constricting reptiles or amphibians, and other similar animals. Animals, Prohibited "Prohibited 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, but not limited to, 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, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. 3. Any crossbreeds between a wild and a domestic animal such as, but not limited to, the crossbreed between a wolf and a dog, or a wildcat and a domestic cat. This specifically includes any hybrid, or cross between a domestic, non - domestic, wild or exotic animal. The offspring from all subsequent generations of such crosses or hybrids are also considered non - domesticated animals. 4. Any member or relative of the rodent, mustelid, marsupial (metatheria) or procyonidae family including, but not limited to, any skunk (whether descented or not) raccoon, squirrel, opossum, or prairie dog, but excluding those members otherwise defined as or commonly accepted as domesticated pets. 7-4A -1: 7-4A -1: 5. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including, but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators that are not capable of being continuously maintained in a secure enclosure as defined within these ordinances. 6. Any non -human primates including but not limited to; orangutans, chimpanzee and gorillas, gibbons and siamangs, macaques, or any other ape or monkey. 7. Any other animal that is not explicitly listed in section 7- 4A -1:A but that can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, badgers, wolverines, and game fish. 8. Exception: Any medically prescribed service or therapy animal. ANIMAL, DANGEROUS "Dangerous Animal" Shall mean an allowed, prohibited, or wild animal that habitually charges, chases, or approaches humans or other domestic animals in an attitude of attack, or attacks and causes substantial or great bodily harm or death to humans or other domestic animals. ANIMAL, FARM "Farm Animal" shall mean cattle, horses, ponies, mules, sheep, goats, swine (including potbellied pigs and other miniature varieties), ducks, geese, turkeys, chickens, and other animals of husbandry. ANIMAL_ , WILD "Animals Wild" shall mean any animals that are customarily found in the wild. AT LARGE Any animal is considered to be "at large" at any time when it is not under restraint as herein required. COMMERCIAL KENNEL "Commercial Kennel" shall mean a place where more than three (3) dogs, cats, or ferrets over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted. Commercial Kennels must house all animals indoors between the hours of sunset and sunrise. Commercial Kennels are allowed in all areas zoned Agricultural or Commercial, except C 1 and C -2. 74A -1: 74A -1: GREAT BODILY HARM "Great Bodily Harm" shall be defined as follows: 1. As relates to Dangerous Dogs in Minnesota Statute, Sections 347.50 to 347.56 the term "Great Bodily Harm" has the meaning given it under Minnesota Statute, Section 609.02 Subd. 8; and. 2. As relates to prevention of cruelty to animals "Great Bodily Harm" shall have the meaning given it under Minnesota Statute, Section 343.20 Subd. 9. 3. As relates to Prohibited animals that attack other allowed animals, farm animals, or humans the definition shall be the same as for Dangerous Dogs, Minnesota Statute, Section 609.02 Subd. 8. HORSE "Horse " shall mean any breed of horse, pony, mule, ass or similar animal. KENNEL NUISANCE "Kennel Nuisance" shall mean causing a nuisance or discomfort to persons in the area by, smell, noise, hazard, or intrusion created by animals kept in a kennel on property within the city. LOFT "Loft" shall mean any and all quarters in which pigeons are housed. OWNER "Owner" shall mean any person or persons, firm, association or corporation owning, keeping, harboring, or in custody or control of animals within or being transported within the city PET OR COMPANION ANIMAL "Pet or companion animal" shall mean any animal owned, possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another as a pet or companion, or any stray pet or stray companion animal POTENTIALLY DANGEROUS ANIMAL "Potentially Dangerous Animal" shall mean any allowed animal, or prohibited animal that: when unprovoked, inflicts bites on a human, . allowed animal, or prohibited animal on public or private property; or, when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or, has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or other animals. 7 -4A -1: 7-4A -1: PUBLIC PROPERTY: "Public Property" shall mean any street or highway, including the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. PIGEON "Pigeon" shall mean any and all varieties of pigeons. RESIDENTIAL KENNEL "Residential Kennel" shall mean a place where three (3) or more dogs, cats, or ferrets over six (6) months of age are kept on premises that are zoned and occupied for residential purposes, and where the keeping of such animals is incidental to the occupancy of the premises for residential purposes. A fresh litter may be kept for a period of three (3) months' before such keeping shall be deemed to be a "kennel ". Residential Kennels may not have more than five (5) dogs, cats, or ferrets in combination. Residential Kennels are allowed in all areas zoned residential or agricultural. RESTRAINT A dog, cat, or ferret is said to be under "restraint" if it is controlled by a leash; if it is under voice or signal command of a competent person, providing that the dog, cat or ferret will obey such voice or signal commands; it is within the limits of the. owner's property; or while it is confined within a vehicle being driven or parked in the street. A dog, cat, or ferret is considered to be under restraint on a right of way, park or public property only when it is controlled with the use of a leash no longer than six feet (6') or when it is under voice or signal command in the exercise areas designated by the city. Retractable leashes may be used but must be kept to a length of six feet (6)' or less when in the vicinity of any other person or animal. Registered Dangerous Dogs and Dangerous Animals must be restrained as required by other sections of this ordinance. RIGHT OF WAY: "Right of Way" shall mean a street, alley, sidewalk, path or easement permanently established for the passage of persons and vehicles including the traveled surface of lands adjacent that are formally dedicated to such usage. SERVICE ANIMAL "Service Animal" shall mean any medically prescribed animal trained, and certified, to assist a person with a disability. This definition also applies to medically prescribed therapy animals. 7 -4A -1: 74A -4: SUBSTANTIAL BODILY HARM "Substantial Bodily Harm" shall mean bodily injury that involves a temporary but substantial disfigurement, or a temporary but substantial loss or impairment of the function of any bodily member or organ, or a fracture of any bodily member to a service animal or a pet or companion animal. USE PERMITTED BY RIGHT: "Use Permitted by Right" shall mean a use which is unconditionally permitted in the district under which it is listed. YARD OR SETBACK "Yard or Setback" shall mean a required open space on a lot, which is unoccupied and unobstructed from the ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line. YARD, STREET -SIDE "Street -side Yard" shall mean a side yard that is adjacent to a street. ZOONITIC DISEASE "Zoonotic Disease shall mean any disease that can be transmitted from animal to human being. 7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER: The City Council may appoint Community Service Officers, Animal Control Officers, Humane Agents or other Officers to assist the police officers of the City in the enforcement of this Chapter, and no person shall interfere with, hinder or molest them in the exercise of such powers. 7 -4A -3: .INTERFERENCE WITH OFFICERS: It shall be a violation of this Chapter for any unauthorized person to break open a shelter or attempt to take from any officer any animal taken up in compliance with this Chapter. 74A -4: ANIMAL SHELTER PROVIDED: The City Council may provide for a City -owned animal shelter or may designate as an animal shelter a suitable kennel whether within or outside the limits of the City. 74A -5: 74B -1: 74A -5: RABIES, DISASTERS, ANIMAL BITES, AND ZOONOTIC DISEASE PREVENTION: A. Emergency Proclamations: 1. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Council shall issue a proclamation ordering every person owning or keeping a pet to keep the pet confined by chain, enclosure, or other means necessary to prevent the spread of disease. 2. In the event of a disaster situation the Council may establish regulation for the care, keeping, confinement, and disposal of animals or carcasses as is necessary to protect the public health, animal health and welfare, and to prevent the spread of disease. 3. No person shall violate such proclamation or regulation; ,and any animal or carcass not confined, kept, or disposed of as directed in such proclamation or regulation, shall be subject to the penalty provided. B. Reports of Animal Bites: It shall be the duty of every physician or any other person to report to the City Police Department the names and addresses of persons treated for bites inflicted by animals within the City together with such other infonnation as will be helpful in disease control. C. Veterinarian Reports of Rabies or Zoonotic Disease Suspects: It shall be the duty of every licensed veterinarian to report to the City Police Department the diagnosis of any animal within the City considered to be a rabies suspect or suspect of any other zoonotic disease which may pose a significant threat to the public health or other animal populations. 74B -1 ANIMAL REGISTRATION PROVISIONS: A. Requirements: 1. No person in the City shall own, harbor or keep a dog, cat, or ferret over six (6) months of age, within the City,;unless a current City registration for such dog, cat, or ferret has been obtained as herein provided. a. All ferrets over the age of six (6) months kept within the City must be sterilized. 74B -1: 74B -1: 2. A person may possess a prohibited animal only if the following conditions are met: a. The person was in legal possession of the prohibited animal one year prior to the effective date of this act and is the legal possessor of the prohibited animal. b. The person applies for and is granted a Prohibited Animal Registration for each prohibited animal in the person's possession within ninety (90) days of this act becoming effective. c. The applicant must be 18 years of age or older. d. The applicant has not been convicted of or found responsible for violating a local or state law prohibiting cruelty, neglect, or mistreatment of an animal or has not within the past ten (10) years been convicted of a felony or been convicted for possession, sale, or use of controlled substances. e. The facility and conditions under which the prohibited animal' will be kept are in compliance with the requirements of all applicable city ordinances, any recommendations of the Board of Animal Health, or other agency consulted by the City regarding - proper containment and restraint for the prohibited animals. f. The applicant can demonstrate regular veterinary care is being provided for the prohibited animal under a state licensed veterinarian experienced in the care of said species. 3. Persons who meet the requirements set forth in 7 -4 -B: 1, A, 2, (a) through (f) must annually apply for and obtain a City Prohibited Animal Registration. From and after the effective date of this act, no new prohibited animal shall be brought into possession under authority of a City Prohibited Animal Registration. 4. No person in the City shall own, harbor or keep a registered Dangerous Dog within the City, unless a current City Dangerous Dog registration for such dog has been obtained as herein provided. B. Application: 1. Application for City registration shall be made to the Police Department. It shall include such descriptive information as is necessary to provide a reasonable identification of the dog, cat, ferret and owner. 74B -1: 7-4B -1 C. 2. Application for City Dangerous Dog/Animal registration shall be made -to the Police Department. It shall include: a. The City Registration information; b. The required microchip, bond or liability insurance, secure enclosure, and posting information required under Minnesota Statute, Sections 347.51- 347.52; c. A detailed description of any distinguishing marks or coloration than would aid in the identification of the animal. d. A current photograph of the animal. e. Additional Dangerous Animal Registration information and requirements from section 7- 4B -10:D, 4, b and c. 3. Application for City Prohibited Animal registration shall be made to the Police Department and shall contain the following information: a. The name, address, and phone number of the owner /permit holder; this address must be the primary place of residence for the prohibited animal. b. The name, species, age and a detailed description of any distinguishing marks or coloration that would aid in the identification of the prohibited animal. c. The name, address, and phone number of the veterinarian who is expected to provide veterinary care to the prohibited animal named on the registration. d. A current photograph of the prohibited animal. e. Any other relevant information that the Police Department may find necessary to identify the animal and issue the registration. Term of Validity: 1. All City registrations shall be valid for the period the certificate of rabies vaccination certifies, and shall expire on the date the rabies vaccination certificate expires. 74B -1: 74B -1: 2. All City Dangerous Dog /Animal registrations shall be valid for one (1) year, all required vaccinations to be current during the one (1) year period. 3. All City Prohibited Animal registrations shall be valid for one (1) year, all required vaccinations to be current during the one (1) year period. D. Fees: 1. City Registration: a. The City registration fee shall be set by Council resolution and reviewed annually. The following provisions shall also apply: b. Spayed or neutered dogs, cats, or ferrets shall qualify for a discount of half (1/2) of the normal fee. c. Spayed or neutered dogs, cats, or ferrets shall qualify for a multi -year registration. This multi -year registration shall expire on the date the rabies certification expires. d. Non - spayed or non - neutered dogs and cats shall only be eligible for a yearly registration. The cost for the yearly registration shall not be discounted. Non - neutered or non - spayed ferrets may not be licensed and shall not be allowed in the city. e. Service Animals, or Police Canines, shall be required to be registered but the normal fee will be waived. 2. City Dangerous Dog, Dangerous Animal and Prohibited Animal Registration: a. The City Dangerous Dog registration fee shall be as allowed under Minnesota Statute, Section 347.5 1, Subd. 2. b. The City Dangerous Animal registration fee shall be set by Council and reviewed annually. c. The City Prohibited Animal registration fee shall be set by Council and reviewed annually. E. Vaccination: All animals, In order to be registered: 1. Will be vaccinated by a currently state licensed veterinarian. 74B -1: 74B -1: 2. Will have a current rabies vaccination, if required, and such vaccination shall be effective for the entire registration period. 3. Current status of vaccinations will be determined by a veterinarian certification. A copy of said certificate must be submitted with and retained with the application for registration. 4. Prohibited animals must receive all vaccinations, and submit any health or disease screening laboratory tests results deemed necessary in consultation with, or by, the State Board of Animal Health. a. The City Prohibited Animal registration will not be issued until the health status of the prohibited animal that is being considered for registration is approved in consultation with the State Board of Animal Health, or other consultants deemed appropriate by the City. F. Duplicate Tags: In the event that any registration tag issued for any animal is lost, the owner must obtain a duplicate tag from the City on the payment of an amount as set by Council resolution. G. Transfer of Registration: If a dog, cat, or ferret dies within the registration period and a dog, cat, or ferret is secured to replace it, the registration for the deceased animal may be transferred to the replacement animal upon payment of a transfer fee of one -half (1/2) of the original fee. H. New Resident Exemptions: 1. Any dog, cat, or ferret owner, upon first becoming a resident of the City, shall be allowed thirty (30) days time within which to obtain the animal's registration. 2. Any dog, cat, or ferret owner having a valid registration from another municipality may, within thirty (30) days after becoming a Rosemount resident, secure a Rosemount registration for which the owner shall pay a fee prorated to the remainder of the current rabies vaccination certification upon surrender of the valid registration from a previous registering municipality. An affidavit identifying the animal, stating the date of residency of the owner and animal in the City, and a vaccination certificate shall be filed with the application. I. Senior Citizen Discount: Senior citizens shall be offered a fifty percent (50 %) discount of the registration fee. For purposes of this discount a "Senior Citizen" will be considered anyone aged fifty -five (55) years or older. 7 -413-2: 74B -2: 74B -2: REGISTRATION PROVISIONS FOR KENNELS, LOFTS, PROHIBITED ANIMAL, DANGEROUS DOG, AND DANGEROUS ANIMAL: B. Requirement, Fee: No person shall; Operate a commercial or residential kennel; A loft for the keeping of pigeons; Maintain, keep, or harbor a dog that has been declared dangerous and registered as dangerous under Minnesota Statute, keep or harbor a prohibited animal, or a dangerous animal in the City without first obtaining any required City registration as provided in this Article. 1. Application to register: a. A kennel or loft must be made to the Police Department and shall be accompanied by the specified registration fee, any documentation of neighboring property owner's notification signature required, and a site plan, if required. b. Dangerous Dog Registrations must be submitted to the Police Department as required in 7 -4B -1: B, 2, and meet all other requirements for Dangerous Dogs per Minnesota Statutes, Sections 347.51- 347.52, and any other requirements of these ordinances. c. Prohibited Animal Registration applications submitted by those who meet the requirement of 7- 4 -B -1: A, 3, must be submitted to the Police Department and contain the information required in sections 7- 4 -B -1: B, 3, (a) through (e). d. Applications for City Dangerous Dog, Prohibited Animal, and Dangerous Animal registration will be forwarded from the Police Department to any city staff necessary for any findings or recommendations after investigation. 1. License, Pigeons. No person may keep more than three pigeons on any premises in the city without first obtaining a license as provided in this section, and no person may keep or harbor pigeons except in compliance with this subdivision. Pigeons may not be kept in such a manner as to constitute a nuisance to the occupants of adjacent properties. 1. Pigeon License application. Application for a license to keep pigeons shall be made to the Police Department and accompanied by the specified license fee. 74B -2: 7 -4B -2: a. The application shall be investigated by the designated staff to determine compliance with the ordinances of the city and shall then be referred to the city council, which may grant, limit, or deny the license. b. Licenses shall be issued on and annual basis. c. The applicant shall notify and submit the written signature of occupants of all privately owned real estate abutting the premises for which the license is sought. These signatures shall accompany the application. d. The license application shall include a site plan showing the existing or proposed loft and its location on the property. e. The annual license fee shall be set and reviewed yearly by the council. 2. Limitation on number. Not more than 25 pigeons may be kept on any licensed premises. At the time of issuing the license, however, the council may issue a license for a lesser number. It is a violation of this subsection to keep more pigeons on licensed premises than the number authorized in the license. 2. After inspections and review is completed: a. The Police Department will issue the registration, or; b. If the application, documentation, notification signatures of surrounding property holders or any necessary staff approvals or recommendations are missing or. incomplete the application will not be processed until any missing items are supplied. c. If there are any protests from surrounding property owners or staff the application and documentation will be forwarded to the City Council, which may grant, limit, or deny the request. C. Application, Kennel, or Dangerous Dog Registration: The application for a kennel, or dangerous dog registration shall state the name and address of the owner of said kennel or dangerous dog, the location where the kennel or dangerous dog is to be kept and the number of dogs, cats, or ferrets proposed to be kept. D. Transfer, Kennel or Dangerous Dog Registration: The kennel and dangerous dog registration are not transferable except on application of both the old and new owners and the payment of the sum set by Council resolution, ordinance, or 74B -2: 74B4: Minnesota State Statute, whichever may be applicable, to the City Clerk or Police Department as applicable. Each kennel or dangerous dog registration shall be posted conspicuously on the premises where said kennel or dangerous dog is kept. E. Notification Signatures Required: A residential kennel, City dangerous dog registration, or dangerous animal registration shall not be issued unless the application for such registration is accompanied by the written signatures of the occupants of all privately owned real estate abutting the premises on which the kennel, dangerous dog, or dangerous animal is to be located. 1. In the case of a kennel registration an exception may be made if the applicant's property, and location of the kennel are three hundred feet (300') or more from any other structure used as a residence. 74B -3: RESTRAINT OF ANIMALS REQUIRED: All owners or persons in custody or control of an animal shall keep his or her animal under restraint as defined in 7 -4A -1: or as required by any other section of these ordinances, at all times. A. In the case of dogs declared Dangerous under the criteria of Minnesota Statute, Section 347.50, the requirements of Minnesota Statute, Section 347.52, regarding restraint, muzzling, and confinement shall also apply. 74B4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS: A. Upon complying with the provisions of Section 7 -4B -1, or any other sections governing registration of animals, there shall be issued to the owner a permanent tag, stamped with a number that will uniquely identify the animal and owner for which it was issued. B. - Every registered animal owner is required to keep a valid tag securely fastened to the registered animals chain, collar or harness, which must be worn by the animal at all times. C. Certain prohibited animals may be exempted from wearing this tag, chain, collar, or harness with approval from the City. D. The criteria and provisions regarding the tagging, microchipping, and posting of, warning signs on the premises of a dog declared Potentially Dangerous or Dangerous under Minnesota Statute, Sections 347.50- 347.52 shall apply to this Chapter. 74B4: 74B -5: E. The criteria and provisions regarding the tagging, microchipping, and posting of warning signs on the premises of a registered Prohibited Animal that has been declared a Dangerous Animal are as follows: L Every registered prohibited animal declared dangerous must have a microchip identification number inserted by a licensed veterinarian, at the expense of the owner. This provision does not apply to a prohibited animal if a state licensed veterinarian determines that the placement of a subcutaneous microchip would endanger the health of the prohibited animal. a. The City may require an opinion from the State Board of Animal Health prior to granting such exemption. 7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS: A. No owner shall fail to provide: 1. Any animal with sufficient potable food, water, or proper diet applicable to its species, 2. Proper shelter and protection from the weather applicable to its species, 3. Veterinary care when needed to prevent suffering and maintain the normal health of the animal, 4. Humane care and treatment. B. No person shall: 1. Abandon any animal anywhere within the city, or at the animal shelter designated by the City. 2. Beat, treat cruelly, torment or otherwise abuse any animal 3. Cause or permit any dog, cat, cock, or any animal fights. 4. Use any weighted collars, over two (2) pounds; any pronged collars that may cause injury or discomfort to the animals neck (other than common electronic training collars); or any treadmill or other training device to develop any animals stamina or musculature for any animal fighting: 74B -5: 74B -7: 5. As relates to the care and maintenance of animals Minnesota Statute, Sections 343 and 346.57 shall apply to this Chapter. 74B -6: ANIMAL CONFINEMENT PROVISIONS: A. Every owner shall confine within a building or secure enclosure every fierce, dangerous or vicious animal and not take such animal out of such enclosure unless the animal is securely restrained, muzzled, or leashed as required by these ordinances or State Statute, and under the control of a competent person. 1. Any dog declared Dangerous, or Potentially Dangerous, under Minnesota Statute, Section 347.50 shall be kept in the manner prescribed by Minnesota Statute, Section 347.52. B. Every female dog or cat in heat shall be confined in such a manner that the animal cannot come in contact with another animal except for breeding purposes within a building. 7 -4B -7: IMPOUNDING AND DISPOSAL OF ANIMALS: A. Impoundment for Violations: 1. Impoundment. Any animal found in violation of this chapter may be taken up by the officers designated by the City Council to enforce this Chapter, impounded in the shelter, and there confined in a humane manner. 2. Notice: Immediately upon the impounding of any animal wearing a current registration, the City will attempt to notify the owner of such impoundment and of the conditions whereby the owner may regain custody of the animal Any verbal notices shall be immediately confirmed in writing. 3. Right of Entry: To enforce this Chapter, the designated officers may enter upon private premises where it appears or where there is reasonable cause to believe that an animal is not registered or is not being kept, confined or restrained as required herein, or in pursuit of an animal running at large. Any owner shall produce for the officer's inspection, the animal's registration or receipt upon request. 4. Impoundment of Rabies or other Zoonotic Disease Suspect: Any dog, cat, or ferret that has bitten a person shall immediately be impounded for a period of time as required by the Minnesota Board of Animal Health rule, and kept apart from other animals," until it is determined whether or not the animal could have transmitted rabies at the time of the bite. Such impounding may 7 -4B -7: 7-4B -7: be by the owner at his residence or a designated kennel, and need not be at the City Animal Shelter, at the discretion of the city animal control authority. But, if it is not at the City Animal Shelter, the owner must sign a quarantine agreement stipulating that the animal is being impounded and kept as required by quarantine. Violation of quarantine regulations is a violation of this chapter and will require the animal to be impounded at the City Animal Shelter. a. Any animal that has bitten a person or is suspected of being a carrier of a zoonotic disease may be impounded and tested to protect the public health in the same manner as rabies quarantine. 5. After a period of time as required by the Minnesota Board of Animal Health rule, if the animal does not have rabies, it may be released following notice to the City Police Department and the animal may be reclaimed as hereinafter provided. 6. Any animal other than a domestic dog, cat or ferret that has bitten a person and is considered a rabies suspect must be humanely euthanized for rabies examination if the victim of the bite does not choose to receive rabies post exposure prophylaxis, in accordance with the requirements of Minnesota Board of Animal Health rule. The determination of what constitutes a rabies suspect, or exposure shall be made in consultation with the Minnesota Department of Health, the Minnesota Board of Animal Health, the victim's physician, and any other agency deemed appropriate by animal control. 7. Any animal that has been bitten by a rabid animal or believed to have been exposed to rabies shall be quarantined as required by Minnesota Board of Animal Health rule. 8. The Minnesota Board of Animal Health rules governing impounding, quarantine, vaccination, euthanization, and all matters relating to the transmission or control of rabies shall apply to this section and chapter. 9. Placement of any animal suspected of rabies exposure or quarantined for rabies exposure shall be at the discretion of the city animal control authority under guidance of the Minnesota Board of Animal Health and the Minnesota Department of Health. 10. Any expenses incurred in quarantine or testing an animal shall be borne by the owner of the animal. 7-4B -7: 7-4B -7: B. Length of Impoundment: Any animal that is impounded in the City Animal Shelter shall be kept in the City Shelter for at least five (5) business days unless sooner reclaimed by its owner. If such dog or cat is known to be or is suspected of being rabid or has bitten a person, it shall be kept for a period as recommended by the Minnesota Board of Animal Health rule. C. Reclaiming or Disposing of Impounded Animals: Redemption fines are to be based on the number of offenses within a one -year period. Fines shall be determined by Council resolution and reviewed annually. If the animal requires a City registration, such registration shall also be obtained before the animal is released. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be placed for adoption if appropriate. 1. Any animal that has a history indicating propensity to attack humans or other animals; or, has a documented history of attacks and bites on humans or other animals; or, is suspect of any disease that can be transmitted to humans or other animals will not be placed for adoption but will be humanely euthanized. 2. An administrative fee for adoption equal to the sum of the; impound fee, board, care, and any incidental fees will be charged to recover the costs incurred by the City in capturing and maintaining the animal. 3. If the purchaser will harbor the animal, in this City, a registration shall also be obtained before possession of the animal is given to the purchaser. 4. Anyone purchasing unclaimed animals must also have the animal spayed or neutered prior to release, or as soon as conditions of health or age of the animal permit. Failure to do so shall be a violation of this chapter. 5. If such animal is not adopted, then it may be euthanized in a humane manner. 6. The cost of disposing of any animal, at the specific request of the owner shall be paid for by the owner. A request to dispose of an animal must be made in writing to the City Clerk, along with proof of ownership or an affidavit of ownership. Payment of the cost for disposal will be made to the Clerk, by the owner upon filing of the request for disposal with the Clerk. 74B -7: 74B -9: D. Killing of Animals that cannot be impounded: Any animal that is diseased, vicious, dangerous, rabid or exposed to rabies and the animal cannot be captured or impounded after a reasonable effort or impounded without serious risk to the person attempting to capture or impound,the animal, then the animal may be immediately killed by a Police Officer. 7 -4B -8: NOISE NUISANCES CAUSED BY ANIMALS: No person shall keep or harbor a dog, cat, any animal or kennel in the City that annoys others by barking, crying, or other similar noises created by vocalization of fowl, birds, other mammals, or any creature. 7 -4B -9: DISPOSAL OF ANIMAL FECES: A. All persons in control of an animal on any park property, public property or right of way shall; 1. Have in possession at all times apparatus that can be used for cleaning up feces, or a bag for proper disposal of feces; 2. The person in control of an animal is responsible for picking up the animal's feces and disposing of it properly. 3. Failure to properly collect and dispose of animal feces is a violation of this chapter. B. A property owner is required to clean all feces from his or her property every twenty -four (24) hours in a residential area. C. Any stable, barn or yard area in which horses, cattle or any farm animals are kept shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors, breeding of insects, public nuisance, or a public health nuisance and in no case less than weekly. D. Manure on public streets, roadways, or public right of way shall be removed immediately by the owner, rider or driver of a horse and disposed of properly on the person's property, or in a public waste receptacle if the manure is packaged in a sealed plastic bag or similar container. E. Manure handling, disposal, storage, composting and pasture management methods and practices for agricultural or stable applications shall meet the regulations detailed in section 9.5: of the Zoning Ordinances. 7-4B -2: 7-4B -2: 7- 4B -10: KEEPING OF ANIMALS: The keeping of allowed animals, prohibited animals, farm animals, wild animals, pigeons and fowl is regulated in the following manner; A. Farm animals are permitted on all property zoned by the City as agricultural and on property owned by the University of Minnesota while used for agricultural or research purposes. In any districts where Farm Animals are allowed: B. Allowed animals may be kept in all zoning districts in accordance with other applicable ordinances, and references to State Statute, concerning care, maintenance, registration, and restraint. C. Wild or Prohibited animals are prohibited from being kept in all parts of the city, except as allowed in this chapter: 3. In the interest of animal and public health, safety and welfare, it shall be prohibited, except as allowed by this section to import, transport, sell, transfer barter, own, or possess certain wild, or prohibited animals which; a. Pose a possibility of harmful competition for indigenous wildlife. b. Pose a possibility of the introduction of a disease or pest harmful to indigenous wildlife or agricultural interests. c. Pose a possibility of threatening wildlife populations or other natural resources. d. Pose a possibility of endangering the physical safety of human beings. e. Or, appears on any list of endangered wildlife or endangered species compiled and maintained by either the state or federal government. £ Or, are defined as a prohibited or wild animal in section 74A: definitions. g. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession a prohibited or wild animal except as allowed by this section. h. It shall be unlawful for the owner or any other person in control of any property in the City, whether residential, commercial, industrial, agricultural, or institutional to knowingly permit any person to be in possession of a prohibited or wild animal upon the property, residence or premises except in compliance with this section. 74B -10: 74B -10: i. It shall be unlawful for a person to breed a prohibited or wild animal within the City. 2. The provisions of this section shall not apply to: a. Institutions accredited by the American Zoo and Aquarium Association (AZA). b. Registered non -profit humane societies. c. Animal control or law enforcement officers acting under the authority of City, County, State or Federal regulation, rule, ordinance or statute. d. Licensed veterinary hospitals or clinics. e. State licensed wildlife rehabilitators. f Licensed or accredited research or medical institutions. g. Licensed or accredited educational institutions. h. Medically prescribed service or therapy animals. i. A person temporarily transporting a prohibited or wild animal through the City. Such temporary transit period shall be thirty (30) minutes or less in duration and the prohibited or wild animal shall be kept securely caged within that time. 3. Care and treatment of animals held under a City Prohibited Animal registration: a. A prohibited animal shall not be tethered, leashed, or chained outdoors, unattended by a competent person. Nor allowed to be at large, but must be restrained as is required of dogs, cats, and ferrets by this ordinance. Or, if the species and physical characteristics of the . animal prohibit this, then in a manner which will protect the animal from injury, humans and other animals from injury by the prohibited animal and surrounding property owners from nuisance by intrusion of at large prohibited animals and property damage that they may cause. b. If a registered prohibited animal owner realizes that he or she can no longer care for their registered prohibited animal they must: 7- 4B -10: 74B -11: i. Place the animal with an institution accredited or referred by the American Zoo and Aquarium Association (AZA). ii. Place the animal in a suitable licensed or accredited wildlife sanctuary. iii. Place the animal with another competent person who meets all the requirements of registration for a prohibited animal and is willing to assume the long term care and social bond that is required due to the lifespan of these animals. iv. Or arrange for the humane euthanization of the animal. 4. No private zoos, game farms or animal exhibitions are allowed within any city districts. 5. Commercial purpose: Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. 6. Custody and Control: The person caring for any animal shall be of sufficient age, knowledge and experience to adequately and safely care for and control the animal. 7. Pet Shops and Kennels: Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this Ordinance. 7413-11 Horse Regulations: A. The keeping of horses is an allowed use in the Agricultural and Rural Residential zoning districts, provided: 1. The minimum lot size is five (5) acres. 2. The number of horses may not exceed one (1) per two (2) acres. 3. Exception: Miniature horses; the number of miniature horses allowed per acre shall be three (3). 7- 4B -11: 7-4B -12: B. Horses kept for a permitted use in agricultural districts, such as commercial stables, may exceed this limit. However; all regulations regarding the welfare, care, and keeping of horses, manure and pasture management regulations, and any other applicable ordinance, statute, or regulation shall be met. C. It shall be unlawful for any person to ride or drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public right of way without appropriate lighting or reflective material. D. It shall be unlawful for any person to ride, drive or otherwise take a horse into any public park or other public property, except within the right of way of public streets. D. Every person riding a horse or driving a horse drawn vehicle shall be subject to the applicable provisions of the City Code and Minnesota State Statutes regulating motor vehicle traffic. 74B -12: Maintenance of Fowl and Birds. A. No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or birds be kept, raised or permitted to go on any street, park, lake or public ponding area. 2. Limitation on number: No more than three fowl or birds may be kept or raised on any residential property in the city. This limitation does not apply to the keeping of pigeons pursuant to a license under the provisions of this section. 3. Injury or annoyance to others: No such fowl or birds may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. 4. Impounding of fowl or birds: A fowl or bird at large in violation of this section may be impounded by the city, and after being impounded for five business days or more without being reclaimed by the owner, may be humanely euthanized or sold. A person reclaiming any impounded fowl or bird shall pay the cost of impounding and keeping the same. 5. Pigeons shall be fed within the confines of the loft on the premises on which the pigeons are housed. 6. Pigeons must be confined to the loft except for short periods of exercise during which time they may be permitted to fly outside the loft. 7- 4B -12: 7- 4B -12: M. Feeding of animals: Prohibition, no person shall provide liquids or edible material to animals or wildlife in a manner that will cause a public nuisance by the number, size, or positioning of the feed within the boundaries of the city. 5. Feeding in a manner that results in the attraction of animals that cause property damage, a threat to public health, or animal health due to the number or type of animals attracted by excessive amounts of feed being placed, or the byproducts of the feed accumulating, are deemed a public nuisance and are prohibited under this section. 6. Exception: This subsection does not apply to Veterinarians, Police Officers, Animal Control Officers, or any County, State, or Federal Game Officials in the course of their duties. 7- 4B -12: DANGEROUS ANIMALS 74B -12A: DANGEROUS DOGS: Any dog that is declared Dangerous, or Potentially Dangerous, under the criteria of Minnesota Statute, Section 347.50 and its owner shall: 1. Training required: Be required to attend and complete animal behavioral modification and socialization training, from a list of providers of such services maintained by the City. Failure to comply with this provision will be a violation of this Chapter and punished as herein defined. The costs for this training will be the responsibility of the animal owner. 2. Report required: If any dog has been declared Dangerous, or Potentially Dangerous, under the criteria of Minnesota Statute, Section 347.50,while living within the city. Or if any dog comes into residency in the City and has been previously declared Dangerous, or Potentially Dangerous under the criteria of Minnesota Statute, Section 347.50, in another municipality within the state, the owner shall report this to the City Police Department within ten (10) days of taking up residency in the City. The owner must comply immediately with all requirements for posting, restraint, muzzling, and confinement. 3. Report required: The owner of any dog that has been declared Dangerous or Potentially Dangerous under the criteria of Minnesota Statute, Section 347.50, must advise any property owner, or their agent, of the Dangerous Dog status of their animal before renting or leasing property within the city. 7-4B -12: 7- 4B -12: 4. Any dog that has been declared Dangerous or Potentially Dangerous under the criteria of Minnesota Statute, section 347.50; a. Is sold, given, or ownership of such dog is transferred in any the owner shall immediately give notice to the City Police Department of the name, address, and any other identification information required, of the new owner. b. Dies, an affidavit from a licensed veterinarian must be submitted to the City Police Department within 10 days. 5. Failure to meet the requirement of 7- 4B -5:A1 or the requirements and procedures of Minnesota Statute, Section 347.50 will be a violation of this Chapter and punishable as defined herein. 7- 4B -12B: DANGEROUS ANIMALS: Any registered prohibited animal that commits an act that would require a dog to be declared "Dangerous" under Minnesota State Statute will be declared a "Dangerous Animal" and required to be kept as follows: 1. Insurance required: The owner of a registered prohibited animal that has been declared a Dangerous Animal must obtain and maintain liability insurance coverage, or a bond, in and amount of not less than $100,000.00 for each occurrence for liability, destruction of property, and death or bodily harm injury to. persons or animals that may be caused by the prohibited animal 2. Insurance documentation: The owner of a registered prohibited animal that has been declared a Dangerous Animal shall provide a certificate of this bond or insurance, stating the bond or insurance will be in effect for the full term of the prohibited animal registration from the company that issues the bond or insurance. 3. The owner or possessor of a registered prohibited animal that has been declared a Dangerous Animal shall: a. Post and display at each possible entrance onto the premise where a prohibited animal is being kept a conspicuous, clearly legible sign, easily readable by the public, warning that there is a dangerous prohibited animal on the premises. 74B -13: 7- 4B -13: b. In addition, the owner will conspicuously display a sign with a warning symbol that informs a child of the presence of a prohibited animal. The exact content and size of the signs shall be prescribed by the Police Department. 74B -13: PREMISES REQUIREMENTS: A. Kennel Fence for Confinement: No permit shall be granted to any owner for the operation of a kennel unless the area within which the animals are to sleep, eat or exercise shall be enclosed completely with a wire mesh fence of sufficient height and gauge to insure the confinement of said animals. 1. Commercial kennels shall house all animals indoors between the hours of sunset and sunrise. 2. Fences and enclosures to contain Dangerous Dogs shall meet the requirements of Minnesota State Statute, Sections 347.50 - 347.52 and Chapter 7 -4B: of the City Code. B. Kennel Sanitation: Every kennel, caging or containment enclosure for prohibited animals shall be maintained and operated in a neat and sanitary manner. 1. All refuse, garbage and animal waste shall be removed at least daily so as to keep the surrounding area free from obnoxious odors. C. Noise Nuisance: No owner shall permit any animal under his or her custody or control to create a nuisance by way of barking, crying, howling, screeching, growling or other vocalization. 2. Any disturbance or nuisance created by way of noise or vocalization by animals as described above that unduly impairs the quiet and peaceable enjoyment of surrounding properties is deemed a public nuisance. 3. Public or kennel nuisances caused by vocalization of animals may be abated by the procedures in Section 7 -4B -7. D. Lofts must be cleaned and kept in a sanitary manner free of objectionable odors and wastes: 1. As often as necessary to prevent contamination of the animal(s) contained therein, and ,any other animals or humans who may come in contact with them, but in no case less than weekly; 7- 4B -13: 74B -12: 2. In a manner utilizing proper protocols, methods, equipment and materials recommended to minimize disease hazards or transmission as required by particular type of animal; 3. And to reduce objectionable odors. 4. Grains and food stored for the use of pigeons on any licensed premises shall be kept in rodent proof containers. 5. The loft shall be constructed as to be fly free and rodent proof 6. The loft shall be elevated a minimum of six inches (6 ") and a maximum of twelve inches (12 ") above grade to insure freeway beneath the loft. 7. The loft shall rest upon concrete footings, have a maximum height, and conform to setback requirements as required for any similar sized accessory building. E. All Facilities for housing animals shall be: 1. Constructed of material appropriate for the animal involved. 2. Animal caging or housing facilities must contain and restrain the animal they are designed or built to restrain without causing injury to, or depriving the animal of necessary environmental elements. 3. Maintained in good repair. 4. Controlled as to temperature, ventilation, lighting, and humidity as necessary to provide conditions compatible with the health and comfort of the animal(s). 5. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns. a. Built to conform with the property line setback standards for accessory buildings, side yards, and rear yards. (Section 7.2.A.6) 74B -13: 74C -1: 6. Animal housing facilities shall be cleaned: a. As often as necessary to prevent contamination of the animals contained therein, and any other animals or humans who may come in contact with them, but in no case less than weekly; b. In a manner utilizing proper protocols, methods, equipment and materials recommended to minimize disease hazards or transmission as required by particular species of animal; c. And to reduce objectionable odors. 74C -1: VIOLATION, REVOCATION AND HEARING: the Council may revoke any kennel, loft, City Dangerous Dog registration, Prohibited Animal registration, or Dangerous Animal Registration; A. By reason of any kennel nuisance; B. Violation of the requirements and regulations for lofts in 7- 4B -10; C. Violation of the requirements for the keeping, registration, confinement, tagging, microchipping and restraint of Dangerous Dogs, Prohibited Animals, or Dangerous Animals as set forth in Chapter 7 -4B; D. Violation of this Chapter; E. Or, by reason of the violation of any other health or nuisance ordinance, order, law or regulation. 1. Before revoking a kennel, loft, Dangerous Dog, Prohibited Animal, or Dangerous Animal registration, the owner shall be given notice of the meeting at which such revocation will be considered, and if the owner is present at such meeting, he shall first be given an opportunity to be heard. 2. Notice of such meeting shall be given to the owner in writing, mailed to the address of the owner as set forth in the application, and mailed at least five (5) days prior to the date of the meeting for consideration of the matter. 3. If the Council finds, after hearing evidence and testimony, that sufficient violation of the ordinances have occurred they may suspend, limit, or revoke the Kennel, Loft, Dangerous Dog, Prohibited Animal or Dangerous Animal registration. 74C -1: 7 -4C -2: 4. If, after revocation action is taken, the owner does not comply with the Council action, then; a. The animal(s) covered by such registrations maybe seized and held as per 7 -4B -7: B, 5. b. The proceedings detailed in section 7 -4B -7 shall be followed. 7 -4C -2: PROCEEDINGS FOR IMPOUNDMENT, DESTRUCTION, OR ABATEMENT OF NUISANCES CREATED BY CERTAIN ANIMALS: A. Facts of Case: Upon sworn complaint of any person to a District Court Judge in the County of Dakota that any of the following facts exist: 1. That the animal has destroyed property or habitually trespassed in a damaging manner on property or persons other than the owner; 2. That the animal has attacked or bitten a person without provocation; 3. That the animal is vicious or shows vicious habits, or molests people or interferes with the driving of automobiles upon a public highway;. 4: That the animal is habitually barking, crying, howling, screeching, growling, or by other vocalization causing a public nuisance; or 5. That the animal otherwise is being kept within the limits of the City in violation of the provisions of this Chapter; Then the procedure in subsection B shall be followed. B. Owner to Appear,. Hearing: A police officer, or other officer designated to enforce this Chapter, shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before a Judge and to show cause why said animal should not be seized or killed or otherwise disposed of by the police or any other officer designated. 1. Summons: Such summons shall be returnable not more than forty -eight (48) hours from the date thereof and shall be served at least twelve (12) hours before the time of appearance mentioned therein. 2. Upon such hearing and finding of facts true as complained of, the Judge shall; 74C -2: 74C -2: a. Order the animal humanely euthanized, b. Order the owner to remove it from the City, c. Order it confined to a designated place, d. Or, shall order its sale or other disposition. 3. In the event an animal has bitten a person, the Judge may order the animal impounded at the owner's expense for such period as may be reasonably necessary to determine whether the animal is rabid or could have carried or transmitted a zoonotic disease at the time of the bite. 4. In the event that said animal is rabid; or such animal is capable of carrying and transmitting the rabies virus or another zoonotic disease and has not been vaccinated, if so required; or if the animal is deemed by the State Health Department or the Board of Animal Health to be a risk to public health by any disease it may a carrier of; it may summarily be destroyed and tested as needed. 5. The procedures and requirements set forth in Minnesota Statute, sections 347.50- 347.56, 353.235 and 35.71 regarding seizure, hearings, costs, and disposal of unclaimed animals shall apply in this Chapter. C. Failure to Comply With Order: 1. If the owner is ordered to remove the animal from the City or is ordered to keep the animal confined to a designated place and disobeys such order, such person shall, upon the filing of a complaint alleging that said order was disobeyed, and after being found guilty of violating the provision, be liable to the punishment for violation of this Chapter. 2. The criteria and procedures set forth in Minnesota Statute, Sections 347.50 - 347.56 relating to failure of confinement, restraint, muzzling, posting, bonding or insurance, and seizure of a Dangerous Dog shall apply in this Chapter. D. Applicability of Section: The provisions of this Section are in addition to and supplemental to other provisions of this Chapter and shall apply throughout the City. 7-4C -2: 7-4C -5: E. Costs: Costs of the proceedings specified by this Section shall be assessed against the owner or the animal, if said animal is being kept in violation of any of the terms of this Chapter. 1. Costs related to the seizure and disposal of dogs declared Dangerous under the criteria and requirements of Minnesota Statute, Sections 347.50- 347.56, 343.235, and 35.71 shall be applied in this Chapter. 2. Costs related to the registration, seizure, testing, and disposal of Prohibited Animals kept in violation of the provisions of these ordinances or as required for registration are the responsibility of the owner. 74C -3: EXEMPTIONS FROM PROVISIONS: A. Exemption: Hospitals, clinics, the designated city animal shelter and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this Chapter, except for such duties as expressly stated. B. The registration requirements of this Chapter shall not apply to; 1. Any dog, cat, or ferret belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days. Provided that all such dogs, cats, or ferrets shall at all times while within the City be kept under restraint. 2. The keeping or maintaining of animals for exhibition to the public by a traveling circus, carnival, educational zoo program or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statute 97.611 3. The keeping or maintaining of any animal by a bona fide educational or medical institution for the purpose of instruction or study; provided such animals are securely confined, treated in a humane manner, and the Police Department is notified in writing of their presence. 74C4: Penalties: Any person(s) who shall violate the terms or provisions of this Chapter shall be guilty of a misdemeanor and upon conviction, a violation shall be punishable by a fine or imprisonment, or both as stipulated by Minnesota State Statutes. 74C4: 7 -4C -6: A. Exception: Penalties greater than those set forth in this section are imposed by Minnesota State Statute for various sections of this Chapter. In such cases the more severe penalties shall be applied. 74C -5: Statutory Citations: Any specific citations to Minnesota State Statutes within any sections of the Animal Control chapters, sections or subsections shall be considered to include any amendments to those Statutes. 74C -6: Conflict of Chapter: In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code in this City, the provision which establishes the higher standard for the promotion and protection of the health and safety of people or animals shall prevail. In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this Chapter which established a lower standard for the promotion and protection of the health and safety of people or animals, the provision of this Chapter shall be deemed to prevail. The determination of the applicability of this Chapter, in light of the above rules of interpretation, shall be made by the City and its determination shall be final. The Humane Society of the United States Pagel of 2 Monkeypox Alert for Pet Owners The HSUS has long held the position that wild animals do not make suitable pets, but the recent outbreak of monkeypox virus in the United States may have illustrated the point all too well. Not only have humans and prairie dogs been exposed to the virus, but any domesticated animal brought after April 15 at a pet store or "pet swap" meet may have come in contact with the disease. According to the Centers for Disease Control and Prevention in Atlanta, monkeypox is a rare zoonotic viral disease that occurs primarily in the rain forest countries of central and west Africa. It first appeared in the United States in early May in several midwestern states. By June 17, the CDC was investigating 81 suspected cases in six states; most of the cases were located in Indiana (24 cases), Illinois (19) and Wisconsin (34). While there have been no deaths related to the monkeypox outbreak, at least 14 people had been hospitalized for disease - related illnesses. In Africa, monkeypox is fatal in as many as 10% of people who get the disease. According to the CDC, the illness at first produces a fever, a headache, muscle aches, backache, and swollen lymph nodes in humans. Within one to three days after the initial symptoms, the infected person will develop a rash (i.e., raised bumps), usually on the face but sometimes on other body parts. The lesions usually develop through several stages before crusting and falling off. The illness typically lasts for two to four weeks. The virus apparently entered the country earlier this year via a shipment of small mammals (including Gambian giant pouched rats, rope squirrels, and dormice) from Africa imported for the pet trade. Several prairie dogs captured for the pet trade were exposed to these imported creatures when the animals were housed in the same holding facility or pet shop. The prairie dogs were later distributed to locations throughout the midwest, resulting in multiple cases of human monkeypox. Virtually all the patients reported direct or close contact with captive prairie dogs, most of whom were sick. According to Richard Farinato, Director of Captive Wildlife Programs, The HSUS opposes keeping exotic pets "based on both humane concerns, and the risks these animals pose to the health and safety of pet owners and the public at large." The recent outbreak of monkeypox virus in the United States —the first outbreak ever to occur in the western hemisphere — serves as a grave reminder of the dangers of keeping wild animals as pets, he says. Viral outbreaks are not the only concern with the import of exotic animals. Reptile- associated salmonellosis is also a public - health problem. In the 1970s, The HSUS was involved in securing from the Food and Drug Administration a ban on import and sale of turtles with a shell size under four inches because of the threat of salmonella infection. In 1975, the CDC banned the import of primate species for the pet trade due to herpes and hepatitis concerns. In March 2000, the USDA placed an emergency ban on the import and interstate commerce in three types of African tortoises because of tick -bome Heartwater disease. "Consumers should consider health risks and the humane issues associated with any species of wild animal as a pet," Farinato said. "The risks with bringing a wild animal into the home far outweigh the novelty and fascination of owning an exotic species. People would be much better off to consider adopting one of the millions of domestic companion animals in this country who are waiting for homes." Underscoring the seventy of the public health threat posed by the monkeypox virus, the U.S. Department of Health and Human Services recently banned commerce in African rodents and prairie dogs as well as rodent imports from Africa to the United States. Monkeypox is not found in wild populations of prairie dogs in the United States, so it is imperative that prairie dogs kept as pets not be released into the wild. Just as important, the carcasses of diseased animals should not be buried or disposed of with the household trash. The animals recently infected by monkeypox include Gambian giant pouched rats, prairie dogs, and rabbits. However, the spectrum of animals susceptible to monkeypox is currently unknown; as a precaution, all mammals— including cats and dogs — should be considered at risk at this time, particularly if they were purchased at pet stores or other animal facilities after April 15, when the first exposure to an ill animal was reported. If you are concerned that your pet may have been exposed to monkeypox: • Observe the animal for signs of illness that may include - fever, cough, discharge from the eyes or nose, inflamed lymph glands, or bumps similar to mosquito bites. • Contact your local health department for instructions. • Do not remove the animal from your home or take him to a shelter. It may be necessary to quarantine the animal in your home. A http://www.hsus.org/ace/­Article 9227 6/19/2003 The Humane Society of the United States Page 2 of 2 • If you wish to take the animal to a veterinarian, you should call first and explain that the animal may have been exposed to monkeypox. The Centers for Disease Control and Prevention (CDC) has published guidelines that are important to anyone working with animals, including pet owners. Detailed_guidelines can be found on the CDC website or by calling the CDC Emergency Operations Center at 770 -488 -7100. Portions of this information were adapted from the Joint Order of the Centers for Disease Control and Prevention and the Food and Drug Administration, Department of Health and Human Services. Copyright © 2003 The Humane Society of the United States. All rights reserved. httn_ / /www_hsus_nrg /ace/Article Printer Friendly ?rnntent TT) =19227 All o/1nnZ GUIDELINES & RECOMMENDATIONS Monkeypox Infections in Animals: Interim Guidance for Persons Who Have frequent Contact with Animals, Including Pet Owners, Pet Shop Employees, Animal Handlers, and Animal Control Officers The Centers for Disease Control and Prevention (CDC) has been working closely with several state and local health departments and other partners to investigate cases of monkeypox virus infections among humans who had direct or close contact with ill prairie dogs, a Gambian rat, and a rabbit that was housed in a veterinary clinic with an ill prairie dog. Exposure to ill animals would have occurred after April 15, 2003. Monkeypox is a rare viral disease that typically occurs among animals and people in central and west Africa. In humans, the illness produces a blister -like rash similar to that of smallpox. Time from contact with a sick animal to the beginning of fever in a person is usually about 12 days. Through June 11 in the United States, most infected persons had illness that was relatively mild to moderate in severity, and there had been no deaths from monkeypox; however, the disease can be severe, and in Africa about 1% to 10% of human cases are fatal (for additional information about monkeypox, see www. cdc. oov/ ncidod /eid /vol7no3 /hutinGl.htm This document provides interim guidance for persons who have frequent contact with animals. It will be updated as new information becomes available and after consultation with additional public health partners. Spread of Monkeypox Humans appear to get monkeypox mainly from direct contact with infected animals. Limited human -to- human spread of monkeypox has been reported among people in rural Africa, most likely as a,result of direct contact (i.e., skin -to -skin) or contact with respiratory droplets during prolonged close contact. How animals become infected is less clear. The virus might be transmitted to animals through droplets entering the nose, mouth, skin cuts, or scrapes or through consumption of infected animal tissue. Monkeypox Infection in U.S. Animals In the current U.S. outbreak, illness in animals has been reported to include fever, cough, discharge from the eyes, and enlarged lymph nodes, followed by a bumpy or blister -like rash. Some animals have died and others have recovered. The types of animals that may become ill with monkeypox are currently unknown. Until more information is available, it is prudent to assumed that any mammal, including common household pets (e.g., dogs, cats) and "pocket pets" (e.g., hamsters or gerbils), can get monkeypox if exposed to another animal that is infected. Quarantine of Exposed Animals Any mammal that has come in contact with (i.e., lived in the same house or come from the same pet store or other pet facility) an animal known to have monkeypox is considered exposed and should be placed under 30 -day quarantine. This means that the exposed animal should be placed in a room with a closed door and kept away from all other animals and persons for 30 days from the date of exposure or June 12, 2003 Page 1 of 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER • HEALTHIER • PEOPLE' Monkeypox Infections in Animals: Interim Guidance for Persons Who Have Frequent Contact with Animals, Including Pet Owners, Pet Shop Employees, Animal Handlers, and Animal Control Officers (continued from previous page) purchase. The amount of time spent with the exposed animal should be limited. Immunocompromised persons should not care for an ill animal or an animal that is under a 30 -day quarantine. After feeding or caring for the animal, change clothes and wash hands thoroughly with soap and hot water before having contact with other persons or animals. If the animal shows signs of illness during the 30 -day period, the local or state health department should be contacted immediately for advice on what to do with the animal. See the following website for help in contacting state and local health departments www.cdc.gov /other. htm #states During the 30 -day quarantine, persons with an exposed or sick animal need to carefully watch themselves and other members of their household for signs of illness that could be monkeypox. If a fever or other signs of illness develop, a health care provider and state or local health department should be contacted immediately. What to Do with Exposed Animals That Cannot be Quarantined Some people may find it difficult to care for exposed animals in. quarantine or may be concerned that they or their. household. members might become ill from contact with their animal during the quarantine period. In such cases, pet owners may decide they do not want to keep the animal. Persons who do not wish to keep these animals should contact their state or local health department for advice. In some cases, the health department may recommend the animal be taken to a veterinarian to be cared for during the 30- day quarantine, or they may recommend humane euthanasia of the animal. In some cases, the health department may collect the animal. Do not take the animal to a veterinarian without calling first and explaining that the animal has been exposed to monkeypox (see the Transport section below). Do not abandon animals at shelters or release them back into the wild; the animals cannot survive and could cause monkeypox in wild animals. If the animal dies, the state or local health department should be contacted for advice on what to do with the body. Do not throw the animal's body away in household trash or at a dump or landfill. Do not bury the animal's body on your property. Management of Ill Animals If an animal develops signs of monkeypox, the state or local health department should be contacted. The health department may collect the animal. If the health department recommends that the animal be taken to a veterinarian, notify the veterinary clinic about the animal prior to transport. The veterinarian should make arrangements for the animal to be brought into the clinic safely, without entering the waiting room. One person should transport the ill animal. During transport, the animal should be confined in a closed container (e.g., place the cage in a cardboard box with a few air - holes). Following transport, the area of the vehicle where the animal was confined should be cleaned and disinfected. Standard household cleaners or disinfectants may be used in accordance with the manufacturer's instructions. Cleaning of Household after Removal of an Animal with Monkeypox Contaminated surfaces should be cleaned and disinfected. Standard household cleaners or disinfectants may be used in accordance with the manufacturer's instructions. Do not dispose of the bedding and cage with the household trash or at a dump or landfill because this material may be potentially infectious; contact the state or local health department for further instructions. Contaminated clothes or other types of laundry may be washed at home on the hot -water cycle at the highest temperature possible with detergent followed by hot -air drying. The use of chlorine bleach during hot -water washing can provide an additional measure of safety. June 12 2003 Page 2 of 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER • HEALTHIER - PEOPI -Em Monkeypox Infections in Animals: Interim Guidance for Persons Who Have Frequent Contact with Animals, including Pet Owners, Pet Shop Employees, Animal Handlers, and Animal Control Officers (continued from previous page) Care of Animals by Humans Infected with Monkeypox It is unknown whether persons with monkeypox can spread the disease to their animals. Persons-with monkeypox should limit their contact with mammalian pets, including cats, dogs, and pocket pets. Pets should not be allowed to share an ill owner's bed and should not be allowed to have contact with clothing and other materials that have come into contact with an infected person's skin lesions. Persons with monkeypox should minimize contact with animals until the health care provider says it is safe to resume normal activities. Additional Information For more information, contact the state or local health department or the CDC Emergency Operations Center at 770 - 488 -7100. Additional information and recommendations will be released as they become available. Updated information will be available at www.cdc.gov For more information, visit www.cdc.gov /ncidod /monkeypox or call the CDC public response hotline at (888) 246 -2675 (English), (888) 246 -2857 (Espanol), or (866) 874 -2646 (TTY) June 12 2003 Page 3 of 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER • HEALTHIER ► P EAP LEm FACT SHEET What Pet Owners Should Know About Monkeypox The bisease Monkeypox is a rare viral disease caused by monkeypox virus. The virus can spread from animals to humans (and sometimes from human to human). In humans, monkeypox causes fever, headache, backache, and swollen lymph nodes, followed by a blister -like rash. In some cases, monkeypox can be fatal. Origins Monkeypox is found mostly in central and western Africa. The illness was first noted in monkeys in 1958, which is why it was named monkeypox. However, other animals can get monkeypox too. The first cases of monkeypox in humans were seen in 1970. Monkeypox in the United States In early June. 2003, monkeypox was reported among several people in the United States. This is the first outbreak of human monkeypox in the United States. Most of these people became ill after having contact with pet prairie dogs that.were sick. It appears that these prairie dogs might have gotten the virus from animals brought in from Africa to be sold as pets. The imported animals include Gambian giant rats, rope squirrels, dormice, and other small mammals. There is concern that monkeypox might have spread more broadly to other animals housed together in pet stores, other animal facilities, and "pet swap" meets. CDC has issued guidelines for pet owners so that they can be on the lookout for monkeypox symptoms (see below). Could Your Pet Have Monkeypox? Public health experts are looking for signs of monkeypox in "exotic mammalian pets," including prairie dogs, Gambian giant rats, and rope squirrels. However, other animals that have been in contact with infected members of these species could be of concern also. The first exposure to ill animals was reported to have happened on or after April 15, 2003. If you acquired an exotic mammalian pet (or if your pet was exposed to an ill exotic mammalian pet) on or after April 15 and is now sick, it is possible they might have monkeypox. Symptoms to Look For Symptoms of monkeypox in animals that have been observed in this outbreak include: • fever • cough • discharge from the eyes (eyes may appear cloudy or crusty) • swelling in the limbs from enlarged lymph nodes • a bumpy or blister -like rash. Pets that have monkeypox also may appear to be very tired and may not be eating or drinking. June 18, 2003 Page 1 of 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION ,SAFER • HEALTHIER •PEOPLE- What Pet Owners, Should Know About Monkeypox (continued from previous page) If You Think Your Pet Has Monkeypox If your pet could have been exposed to a sick animal and is showing the symptoms of monkeypox , follow these instructions: • Separate the animal from people and other animals immediately. (Lock it a room or put it in a cage or cardboard box well apart from others, such as in the garage.) • Wash your hands well after contact with the animal and any object that may be contaminated with virus. • Inform your state or local health department that you think you have a pet with monkeypox. The health department may pick up the animal, or they may tell you to take the animal to a vet. • Do not release your pet into the wild. If it is infected, this could spread the disease to other animals and people. It is very important that this disease be contained. Do not leave your pet at a shelter. Again, this could spread the disease. • Do not take your pet to a vet without calling first. The vet must take precautions to receive your pet. When taking your pet to the vet you should: • Call your vet before you go and tell them you think your pet may have monkeypox (this way they can follow procedures to keep themselves and others from getting sick.) • Only one person should travel with the pet, to keep exposure to the pet to a minimum. • If possible, put the pet in a cage and place the cage in a cardboard box with a few air holes. • Separate the pet from the driver as much as possible. • Later, clean any surfaces in the car that the animal, its secretions, or its cage, may have come in contact with and wash your hands thoroughly. After taking your sick pet to the vet, you'll need to clean the household areas where it lived. Follow these instructions: • Contaminated surfaces, such as floors and furniture, should be cleaned and disinfected using standard household cleaners according to manufacturer's instructions. • Wash any clothing or other fabric that may have come in contact with the sick pet in warm water with detergent. You can use bleach in the wash cycle as an extra precaution. Be careful when handling the laundry and do not shake it. • Food dishes, cages, and other items that may have had contact with the pet should be washed in hot water with dishwashing detergent. • If the animal's bedding is not washable, call your local or state health department to find out how to do this. Follow their instructions for disposal of potentially contaminated materials. . When you are done, wash your hands thoroughly. • Do not throw any potentially contaminated materials away in the trash or at a dump or landfill This could spread the disease. Laundry (e.g., bedding, towels, clothing) may be washed in a standard washing machine with warm water and detergent; bleach may be added but is not necessary. Care should be used when handling soiled laundry to avoid direct contact with contaminated material. Soiled laundry should not be shaken or otherwise handled in a manner that may aerosolize infectious particles. Pet Quarantine If your pet has potentially been exposed to monkeypox, but is not showing symptoms of the disease, it still needs to be watched for signs of illness. Exposure is defined as living in the same house with, or coming from the same pet store or other pet facility as, an animal known to have monkeypox. Your pet June 18, 2003 Page 2 of 3 DEPARTMENT :OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER • H- EALT.HIER• PEOPLE'" -What Pet Owners Should Know About Monkeypox (continued from previous page) must be observed for 30 days to be certain it is not infected. This can be done in the home. Follow these instructions: • Put your pet in a room with a closed door and keep it away from all other animals and people for 30 days. • Limit time spent with the pet. Do not handle the pet. Ask your vet for advice about protecting yourself when caring for your pet. • After feeding or otherwise caring for the animal, wash your hands thoroughly with soap and hot water. • If the animal gets sick during the 30 days, contact your local or state health department for instructions. • During this 30 -day period, watch your own health and the health of family members carefully for signs of monkeypox. If you or someone you have been in close contact with develops a fever, headache, backache, swollen lymph nodes, or a rash, contact your health -care provider immediately. • If you have a weakened immune system for any reason, do not care for or come into contact with the potentially infected pet. (Cancer treatment, an organ transplant, HIV infection, primary immune deficiency disorders, some severe autoimmune disorders, and medications to treat autoimmune disorders and other illnesses can weaken the immune system.) If it is too difficult to meet the requirements of home quarantine, contact your local or state health department for advice on other options. For help in contacting your local or state health department, visit www.cdc.aov /other.htm #states For more information, visit www.cdc.00v /ncidod /monkeypox or call the CDC public response hotline at (888) 246 -2675 (English), (888) 246 -2857 (Espanol), or (866) 874 -2646 (TTY) June 18, 2003 Page 3 of 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER • HEALT.H.IER •PEOPLE'" 4'Get Monkeypox Virus From Prairie Dogs Sunday, June a 2003 By TODD RICHMOND, Associated Press Writer MADISON, Wis. - Tests have confirmed that four people in Wisconsin contracted the monkeypox virus after coming into close contact with pet prairie dogs, marking the first time the disease has been discovered in the Western Hemisphere, health officials said Sunday. The findings at least partially confirm that monkeypox has caused an outbreak of rashes, fevers and chills in people across the upper Midwest since early May. Fourteen more people in Wisconsin are suspected of suffering from the virus, said Milwaukee Health Commissioner Dr. Seth Foldy. At least three more cases are suspected in Illinois and Indiana The outbreak stems from a batch of prairie dogs that came from a pet distributor in suburban Chicago. It was there that the prairie dogs may have been infected with monkeypox by a Gambian rat — a creature that is indigenous to African countries. The detection of monkeypox in the United States represents a highly unusual discovery. The virus has been found mostly in West African nations — and had never before been seen in the Western Hemisphere. The human death rate in Africa has ranged from 1 to 10 percent, but Foldy said the virus may be less lethal in the United States, because people are typically better nourished and medical technology is far more advanced. "We have isolation, soap, running water, sterile dressing materials, we have washing machines," Foldy said. "These are all things that have reduced the prevalence of germs that are spreadable by person -to -person contact. Still, the disease could be almost impossible to control and more people could become infected if it passes into other indigenous North American animals, Foldy said. Thirteen of the infected people were around prairie dogs; the other apparently contracted it after handling a sick rabbit that had been around a prairie dog. Foldy said it doesn't appear anyone contracted the virus from another person. Doctors initially feared they might be facing smallpox, which causes similar symptoms, Foldy said. But doctors and scientists quickly eliminated that possibility after discovering the people- prairie dog link. Smallpox is found only in humans and cannot be transmitted from animals to people, Foldy said. "We asked the question but discounted it very early," Foldy said. Four people, including one as an outpatient, have been treated at Froedtert Memorial Lutheran Hospital in Milwaukee. One has been released and the remaining two were in satisfactory condition Sunday, hospital spokesman Mark McLaughlin said. "It eventually will clear up as you treat the symptoms," McLaughlin said. "We don't need people to go off the deep end." Wisconsin agriculture officials took steps Sunday to prevent the possible spread of monkeypox from prairie dogs to other animals. The state Department of Agriculture, Trade and Consumer Protection issued a warning telling people not to dump prairie dogs into the wild, agency spokeswoman Donna Gilson said. The agency also told state humane societies to isolate any prairie dogs people bring in. The Wisconsin Department of Health and Family Services issued an emergency order Friday banning the sale, importation and display of prairie dogs. The Illinois Department of Agriculture has prohibited Phil's Pocket Pets, the surburban Chicago pet distributor, from selling animals until the health of its animals is verified. Illinois Gov. Rod Blagojevich on Saturday signed an executive order banning the sale, importation or display of prairie dogs or Gambian rats. The owner of Phil's has given Illinois officials a list of all who bought prairie dogs, Gambian rats or other exotic animals since April 15, the Illinois Department of Public Health news - web sites said. No telephone listing could be found for Phil's Pocket Pets Sunday. SK Exotics, a Milwaukee pet distributor, purchased some of the infected prairie dogs and sold them to two pets stores in the Milwaukee area. Importing and selling prairie dogs in Wisconsin is legal. More prairie dogs from Villa Park apparently found their way to northern Wisconsin through a Wausao swap meet, said Dr. Mark Wegner, chief of the Wisconsin Communicable Disease Epidemiology Section. David Crawford, executive director of Boulder, Colo.-based Rocky Mountain Animal Defense, a nonprofit organization that advocates for animal freedom, said the prairie dog pet trade is growing. Last year 10,000 prairie dogs were shipped out of Texas to become pets, he said. But prairie dogs are too aggressive to make good pets, Crawford said. "You're doing something that is in total disregard for the natural order of things, bringing these animals out of their communities and putting them in artificial environments," he said. "It isn't a surprise to me that nature has this little surprise waiting." On the Net Wisconsin Department of Agriculture, Trade and Consumer Protection: http : / /datcp.state.wi.usTindex.isa Illinois Department of Public Health: htto : / /www.idi)h.state.il.ustiome.htm rage 1 of 2 O'Brien,Charlie From: Diane Webber [dwebber @hsus.org] Sent: Thursday, June 12, 2003 12:37 PM Subject: Ban THE HUMANE SOCIETY OF THE UNITED STATES COMMENDS U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR BAN ON IMPORT OF ALL RODENTS FROM AFRICA INTO THE UNITED STATES WASHINGTON (June 12, 2003) —The Humane Society of the United States (HSUS) commends the U.S. Department of Health and Human Services (HHS) for issuing an immediate ban on rodent imports from Africa in response to the monkeypox virus outbreak in the U.S. The ban, issued yesterday, also prohibits domestic sale and transport of several African rodent species and prairie dogs. "The federal agencies charged with safeguarding both the health of people and animals in the U.S. have responded prudently with this decisive action," said Richard Farinato, director of The HSUS Captive Wildlife and Habitat Protection Program. "Experience has shown us the threats posed by the import of non - native wild animals for the pet trade. Whether it is reptile- associated salmonellosis, Heartwater disease, or monkeypox, federal and state agencies should be taking proactive steps to avoid further incidents. This is a significant step in addressing the serious problems of the exotic pet trade." The HSUS is working with the Centers for Disease Control and Prevention (CDC) on communicating safety guidelines and recommendations for handling potentially exposed animals to the animal care and control professionals at the more than 3,000 animal shelters across the U.S. Details can be found at www.animaisheltering.org. Shelters often are the destination for relinquished pets. The CDC is recommending to pet owners who have a prairie dog or other animal they believe is showing symptoms of monkeypox, to quarantine the animal in their home and call their state health department for further instructions. The CDC advises pet owners not to relinquish their animal to a shelter or take their animal to a veterinarian. Under no circumstances should any potentially sick animal be released into the wild. Monkeypox appears to have originated in portions of west and central Africa and is not found in wild populations of prairie dogs or other rodents in the U.S. Stephanie Shain, HSUS Director of Outreach for Companion Animals said, "If you are concerned that your pet has been exposed to monkeypox, follow the advice from the CDC and call your state health department. The best thing for all pet owners to do is keep abreast of the information on monkeypox as it becomes available. Staying aware and informed is the best course of action." The list of banned rodents includes the following African species: tree squirrels, rope squirrels, dormice, Gambian giant pouched rats, brush - tailed porcupines and striped mice. For more information, visit The CDC Web site at www.cdc.gov or call 800 - 311 -3435. Viral outbreaks are not the only concern with the import of exotic animals. Reptile- associated salmonellosis is also a public health problem. In the 1970's, the HSUS was involved in securing from the Food and Drug Administration a ban on import and sale of turtles with a shell size under four inches because of the threat of salmonella infection. In 1975, the CDC banned the import of primate species for the pet trade due to herpes and hepatitis concerns. In March 2000, the USDA placed an emergency ban on the import and interstate commerce in three types of African tortoises because of tick -borne Heartwater disease. "Consumers should consider health risks and the humane issues associated with any species of wild animal as a pet," Farinato said. "The risks with bringing a wild animal into the home far outweigh the novelty and fascination of owning an exotic species. People would be much better off to consider adopting one of the millions of domestic companion animals in this country who are waiting for homes. The HSUS is the nation's largest animal protection organization with over seven million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals and equine protection; wildlife and habitat protection; animals in research and farm animals and sustainable agriculture. For nearly 50 years, The HSUS has protected all animals through legislation, litigation, investigation, education, advocacy and fieldwork. The non - profit organization is based in Washington, DC and has 10 regional offices across the country. For more information, visit The HSUS' Web site – www.hsus.org. 6/12/2003 Page 2 of 2 For More Information Contact: Karen L. Allanach (301) 548 -7778 or Belinda Mager (301) 258 -3071 Diane .We66er, Director HSUS - Midwest Regional Office 1515 Linden Street, Suite 220 Des Moines, IA 50309 Phone: (515) 283 -1393 Fax: (515) 283 -1407 dwebber@hsus.org 6/12/2003 tiierl: Page 1 of 4 home i prairie dog forum 1 prairie dog products i prairie dog lists i contact us See Ranq of Change by L Kershner Home Prairie Dog Information Prairie Dog Photos US Distribution Prairie Dog Sanctuary Prairie Dog Habitat Prairie Dog Conservation Keystone Species Prairie Dog Working Group Prairie Dog Diet Prairie Dog Relocation Prairie Dog Gifts Prairie Dog Native American Legends Prairie Dog Art Prairie Dog Pets This information is not a news relay, It is directly from the Wisconsin Department of Health and Family Services. AG DEPARTMENT QUARANTINES FOUR LOCATIONS Release: 6/7/03 IN INVESTIGATION OF PRAIRIE DOG ILLNESS Contact: Donna Gilson Wisconsin's acting state veterinarian has.quarantined prairie dogs at four locations in the ongoing investigation of an illness that has apparently passed from the animals to humans. The quarantines were posted late Friday afternoon, Dr. Robert Ehlenfeldt said. They cover the South Milwaukee distributor who brought the animals into the state, two Milwaukee area pet shops that bought them, and a Dorchester residence where occupants bought two of the sick animals. The quarantine prohibits movement of any of the prairie dogs or mammals that carne in contact with them and will remain in effect until the state veterinarian determines that the risk of infection has passed. (Please keep in mind that these people are victims of circumstance and they have done nothing wrong!) The four quarantined are: Hoffer TropicLife Pets, Milwaukee Rainbow Pets, Shorewood, WI SK Exotics, S. Milwaukee (purchased 2 Prairie Dogs from Illinois) (possible gambian rat connection) Tammy Kautzer who purchased 2 Prairie Dogs at a Swap Market (home has been quarantined) Actioi - Turner E Spi Foun Prairie I SI Prair Media I Prair Bio6 Prair Res Prairie D Shortgr< Ecos Prair Relab Prairie € Ehlenfeldt, of the Wisconsin Department of Agriculture, Trade and Consumer Protection, also announced on Friday that an emergency rule is in process to ban the importation, sale and movement of prairie dogs in the state. Because of publishing deadlines for rules to take effect, that rule will not be in place until late next week. In the meantime, State Epidemiologist Dr. Jeffrey Davis of the Division of Public Health used that agency's authority to temporarily ban importation, sale and movement of prairie dogs received after April 1 and any mammals that have come in contact with them. The actions are in response to an outbreak of illness among 12 people in Wisconsin who had come in contact with prairie dogs that the distributor brought into the state from an Illinois distributor, who received them from Texas. Human symptoms include fever, cough, rash and /or swollen lymph http: / /www.prairiedogz.com/Alert.htm 6/9/2003 Advocates For Prairie Dogs and Prairie Dog Habitat . Alert nodes. Animal symptoms include rash and loss of fur, reddened runny eyes and /or nose, fever, and swollen lymph nodes. Health officials do not yet know what organism is causing the illness, although it appears to be a virus. Public health officials have cautioned people to avoid contact with any prairie dogs that appear to be ill, wash their hands well after any contact with prairie dogs, and see a doctor if they develop symptoms like those described above. Doctors are to report any suspect cases to their local, public health departments. Ehlenfeldt recommended that veterinarians or shelter workers handling prairie dog wear gloves and masks, and be on the lookout for symptoms in themselves, too. Any suspect cases among these workers, or animals, should also be reported to a public health department. Page 2 of 4 WISCONSIN DIVISION OF PUBLIC HEALTH BANS SALE OF PRAIRIE DOGS (MADISON - June 6, 2003) -- Exercising their authority understate law, state health officials have issued an emergency order to ban temporarily the sale, importation and display of prairie dogs throughout the state. "We're taking this measure because we believe it is essential for the prevention, surveillance and control of a human disease outbreak associated with animal- borne transmission," said Herb Bostrom, Director of the Bureau of Communicable Diseases in the Division of Public Health. "The state is putting on a full -court press as part of its investigation into illnesses of a dozen individuals throughout the state who had recent exposure to prairie dogs," Bostrom said. "We are working around the clock with private sector partners as well as state, local, and federal government agencies to identify the illness, and to determine its source and the extent of its spread." The emergency order requires pet stores, dealers at swap meets, and anyone else selling prairie dogs received after April 1, 2003, to remove them from public contact and from contact with any mammals, Bostrom said. He noted that the emergency order is intended as a stop -gap measure until state agriculture officials can implement an emergency rule. Acting State Veterinarian Robert Ehlenfeldt, DVM, said that the Department of Agriculture, Trade and Consumer Protection plans to issue an emergency rule banning importation, sale and movement of prairie dogs in Wisconsin. Because the rule must. be published before it can take effect, it will not be in place until late next week. Ehlenfeldt again recommended that veterinarians wear gloves and masks when handling prairie dogs, and report any suspicious cases in prairie dogs, rabbits or non -human primates to his office and their local health department. If veterinarians develop symptoms, they should see their physician. "We're concerned, too, that people will begin taking prairie dogs to animals shelters," Ehlenfeldt said. "Workers there need to exercise the same precautions that we've given to veterinarians." httn : / /www.nraiiiedoez.com/Alert.htrn 6 /o /mn A Auert Prairie Dogs 2 -2 -2 Bostrom said health officials are investigating illnesses in individuals who have developed fever, cough, rash, swollen lymph nodes and other signs and symptoms within 1 -2 weeks after contact with prairie dogs.. "Samples have been sent to the CDC in Atlanta, and they have begun to analyze them," Bostrom said. "We hope'to have some preliminary answers soon, but cannot be sure when the experts will be able to complete their work." In addition to DPH, other agencies and organizations participating in the investigation include: local public health departments, healthcare providers, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), the Wisconsin State Laboratory of Hygiene, the Marshfield Clinic Laboratory, the Medical College of Wisconsin and Froedtert Hospital, the Illinois Department of Public Health, the U.S. Department of Agriculture, and the Centers for Disease Control and Prevention (CDC). Officials are tracking, notifying and monitoring all individuals who have come into contact with the prairie dogs suspected of being the carriers of this illness. Bostrom reminded Wisconsin residents of the following DPH recommendations: Page 3 of 4 § Avoid contact with any prairie dogs that appear to be ill (e.g., are missing patches of fur, have a visible rash on the skin, or have a discharge from eyes or nose). § Wash hands carefully after any contact with prairie dogs or their immediate environment. § Seek medical attention if you develop symptoms such as fever, cough, rash and /or swollen lymph nodes within 3 weeks after contact with prairie dogs. Make sure to let your physician and local health department know about your exposure. § Physicians should report any cases of morbidity which meet the criteria defined above to their local health department. DPH will release more information as it becomes available Contact: Jim Kazmierczak, DVM (608) 266 -2154 Mark Wegner, MD (608) 266 -0749 Robert Ehlenfeldt, DVM (608) 224 -4872 Wisconsin Division of Public Health Investigating Human Infections Linked to Prairie Dogs Sold in the State (MADISON - June 5, 2003) - The Wisconsin Division of Public Health is investigating illnesses in 12 individuals throughout the state who had http : / /www.prairiedogz.com/Alert.htm 6/9/2003 Alert Page 4 of 4 recent exposure to prairie dogs. "During the past few days, we have received reports of illness in individuals who have developed fever,. cough, rash and swollen lymph nodes and other signs and symptoms within 1 -2 weeks after contact with prairie dogs," said Mark Wegner, M.D., Chief of the Communicable Disease Epidemiology Section. "The exact cause of these illnesses is unknown at this time, and our investigation is ongoing." The Division of Public Health is working closely with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to determine the source of the animals. "Both agencies are currently conducting a traceback investigation to determine where the prairie dogs originated, and are working to identify any additional individuals who may have purchased or procured one or more of the animals in Wisconsin," Dr. Wegner said. DATCP is in the process of investigating pet shops to which the infected prairie dogs may have been distributed and will be instituting quarantine measures as necessary. "It appears that the primary route of spread of this illness is from prairie dog to human following close contact. However, we are only in the initial stages of our investigation, and cannot rule out other methods of spread at this time," Wegner said. As a precaution, Dr. Wegner recommends that Wisconsin residents adhere to the following guidelines until more information on the source of these infections becomes available: • Avoid contact with any prairie dogs that appear to be ill (e.g., are missing patches of fur, have a visible rash on the skin, or have a discharge from eyes or nose) • Wash hands carefully after any contact with prairie dogs or their immediate environment • Seek medical attention if you develop symptoms such as fever, cough, rash and /or swollen lymph nodes within 3 weeks after contact with prairie dogs. Make sure to let your physician and local health department know about your exposure • Physicians should report any cases of morbidity which meet the criteria defined above to their local health department Acting State Veterinarian Robert Ehlenfeldt, DVM, recommended that veterinarians wear gloves and masks when handling prairie dogs, and report any suspicious cases in prairie dogs, rabbits or non -human primates to his office and their local health department. If veterinarians develop symptoms, they should see their physician. Symptoms in prairie dogs include fever, swollen lymph nodes, erosions, vesicles, blepharo conjunctivitis, ocular discharge and. nodular lesions. The Division of Public Health will release additional information and recommendations as they become available. h ttn - / /www _ nrai ri edgy gram _ r nm / A 1 ert _ h tm 410M M12 Copxright & Cogy -2003, Prairie Dog.Tnfo,. All Rights R eserved L L - an! +aadsJad . 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Jaumo p Bu!.yaB s j! puo uAl>looJg pio ui anuany ssaJdAo uo asnoy ayj ui asJoy slows o s,aJayj (uorssfwjad t 4!m pasn) Ue5OH j ugol- /(q ua44unrn 9epodad ja/baQ mold wojj pa4uudad 4 f518 S 1 ... eSao s b' �I I O H b I OSIoH V L — HO 'SPAPH Me!npnoJ8 jo A�!O • Y — — — JOPai!Q juawdo ana �( !unwwO I Q �: O 'woO!y uyor Aq pa4!wgns startribune.com Close window Manure divides lake people, horse folks in Medina Bill McAuliffe Star Tribune _ Published 07/01/2003 It's no wonder Medina became horse country. Blessed with a rolling landscape, just far enough away from the city, and sparkling with small glacial lakes and wetlands, the western Hennepin County community fits between suburb and farm like the perfect necklace. Curving roads and long white fences trace patterns across a quilt of contemporary estates where not long ago gentlemen and ladies in red coats hunted fox on horseback every Saturday. For a time, local police carried oats in their squad cars to help round up loose horses. But horses bring manure -- 7.9 million pounds of it annually to Medina, according to a recent study by a task force. That much manure could threaten the popular waters of nearby Lake Independence. And it has prompted Medina, population 4,005 people and 435 horses, to spend much of the past two years checking the bottoms of its shoes, literally and politically. "When you start moving out into the fringes, you have a lot of issues with people moving out into the country, buying a couple of horses and not knowing what to do with them," said Carolyn Smith, a Medina City Council member and former horse owner who by day works in waste management and recycling for Anoka County. "The real way to protect horses is to make sure Medina continues to make sure the ones that are there are managed properly," Smith added. The Medina City Council is in the midst of adopting an education -and - Horses run in Alpine information -based "manure management" strategy for horse owners that Farms, one of Medina's will be hammered out in coming weeks. largest stables: But that might actually be the easy part. In the debate that has gone to Richard Sennott the heart of Medina's identity, there have been accusations that some Star Tribune stable owners have been environmentally sloppy and criticisms made that regulations aren't being evenly applied. There have been suspicions that a task force on agricultural practices -- called "the Poop Patrol" by some -- wanted to run horses out of town, and counter- suspicions that the task force was - quashed by horse owners. There has been a split between "horse people" and "lake people" that has reminded some of the farmer - rancher clashes of the old West. Another way to look at it is to say that a discussion of agricultural zoning wound up in a pile of manure. City standards /' �' �; In 2001, neighbors objected that their view of open land could be permanently ruined by a proposed large stable operation. The proposal never went forward, but it raised questions about how Medina could maintain its horse culture while adopting land -use restrictions more common to urban and suburban areas. Many regard Medina's 435 -horse population figure, calculated in a task force drive - around survey, as well below the true number. At the same time, the scale of horse operations in Medina is below the threshold for state feedlot regulations. So the city, in recent years, has stepped in with some rules of its own. There are rules about barn location, animals- per -acre and manure - management requirements for the larger commercial operations, which stable about half of Medina's horses. But several of the older operations have been exempted from the recent rules, and hobby farms face no restrictions Enforcement has been a problem. "Who's going to be the manure police ?" Mayor Phil Zietlow asked. Alpine Farms, one of the city's oldest and largest stables, is among those not required to meet the requirements of a conditional -use permit. It has three windrows of manure, about 200 feet long and stacked up to 10 feet high. Dick Picard, president of the Lake Independence Citizens Association, calls them "Medina Mounds." Louise Otten, who has owned Alpine Farms since 1978, said workers spread some of the manure on surrounding fields as fertilizer and sell some to nurseries that market it as compost. She said she has been trying to add more wood chips to it, to accelerate the composting process, as recommended by the University of Minnesota Extension Service. Often sat on the task force, and she said she thinks most of Medina's horse owners manage their manure responsibly. But a single management strategy won't work, she said, because each piece of land is unique. Water issues Meanwhile, since 1997, water experts have been looking into a general decline in the quality of Lake Independence, a regional attraction whose shores include Baker Park Reserve. John Barten, water resources manager for the Three Rivers Park District, said the lake has been receiving abnormally high concentrations of phosphorus, which triggers lake - strangling algae blooms. Both Medina and Independence, which also has struggled with animal and zoning issues in recent years, had been among the first communities in the metro area to ban phosphorus- containing lawn fertilizers. Because many Medina horse owners don't have enough land to grow crops to feed their horses, they're buying feed - "in essence, importing phosphorus," Barten said. Much of the phosphorus contained in that feed comes out the back end, of course. Barten said the Lake Independence water quality data "suggest strongly that horses are a major contributing factor" to the phosphorus and algae excesses in the lake. He estimates that as much as 20 percent of all the phosphorus getting into Lake Independence may be draining from horse manure. In reaction to those figures and state budget cuts, the Three Rivers Parks District has scaled back the size of the mounted patrol unit it stables at Baker Park Reserve from a dozen horses to four, on about a dozen acres, Barten said. No monkeys Medina's horses do have image in their favor, said Picard, of the Lake Independence group. For example, he points out that Medina has declared it a public nuisance to own three or more dogs -- or a single monkey. "If this were a situation where you had St. Bernards or Dachshunds or parakeets and this amount of excrement, people would be up in arms," Picard said. "The horse people feel it's not a problem. We think it is. " But Jim Lane, another Medina City Council member, former ag task force chairman and a horse, owner, said manure shouldn't be getting such a bad rap. He called the 7.9- million - pound figure, while mathematically accurate, "alarmist." "Horse manure has 50 percent water," he said. Lane, who also said he believes Barten's numbers are outdated, said a vocal minority in Medina, led by lake property owners, are trying to cast the issue as an environmental problem, rather than something horse owners can resolve on their own. The forthcoming program will likely recommend standards for keeping barns and animals away from water and suggest animals- per -acre limits as advocated by the Extension Service. But it will be largely voluntary, an aspect that concerns Council Member Smith. Lane predicted that horse owners will do what it takes to be neighborly. "It isn't just Medina. It's all communities where suburban lifestyles bump up against traditional country lifestyles," he said. "It's something people who live in the country, and want to have animals, are mindful of. In my view they will choose to be good stewards of the land." Bill McAuliffe is at mcaul@startribune.com © Copyright 2003 Star Tribune. All rights reserved. f i R NEW W W W.'1'W11v1;111".UVA_L - Q•• ­ _ _ SOUTH SUBURBAN HASTINGS f a.® a ly S Owner gave up animals; charges unlikely BY AMY SHERMAN Pioneer Press Hastings city officials are working with a family to clean up their home after the removal of nearly 100 animals last week. About 47 birds, 35 cats, nine turtles and a small alligator were taken to a Woodbury shelter. Some will likely be eutha- . nized because of their condi- tion, said Barbara Jennrich, director of operations of the Humane Society for Compan- ion Animals. Many of the ani- mals have parasites, some of the birds have tumors and the cats are aggressive and fearful, authorities said , Dakota County social serv- ices arranged for medical care and housing for the residents, said Hastings building official William Mesaros. A 57- year -old man slept among the animals in the base- ment while his elderly parents lived on the upper floor in the 1300 block of Sibley Street, according to the search war- rant affidavit. The residents could not be reached for com- ment. It could take a couple of months to make the home fit for habitation, Police Lt. Joe Kegley said. Responding to complaints about odors and rodents, authorities inspected the home June 20. They found feces, mice - infested' -walls, birds fly- ing around the basement and several turtles. "The turtles appeared to be uncared for with extremely long nails to the point that the turtle could not move or get up on its feet," according to the search warrant affidavit. Authorities instructed the TO HELP mimals' owner to clean up the area but found similar unsani- �ary conditions July 1 — mcluding mice's fecal matter in the birds' water. The animals were taken to the humane soci- ety the next day; some were then given to other animal organizations. It currently appears unlike- ly that the 57- year -old man will face criminal charges, since he voluntarily surrendered his pets and the family agreed to I the home. The home's residents have been coopera- tive, Mesaros said "They are basically getting good help," he said. "We hope everything works out for them and they are ultimately able to move back into the home." Comparing the situation to others he had seen, state humane agent Wade Hanson said, "It was pretty bad. On a scale of one to 10 with one being the best situation and 10 being the worst, it was proba- bly an eight or a nine." The man loved his animals, but caring for them got beyond his control, officials said. "They are his pets," Hanson said. "That's his biggest thing, he likes pets." The Hastings man appears to fit the definition of an ani- mal hoarder — people who Some of the household's birds, mostly parakeets, might be available for adoption later this week. For more information, call the Humane Society for Companion Animals in Woodbury at 651 - 645 -7387. accumulate a large number of animals and can't properly care for them. Hoarders fail to acknowledge the deteriorating conditions and negative effects on people in the home, accord- ing to an article by Gary Patronek, director of the Cen- ter for Animals and Public Poli- cy at Tufts University's veteri- nary school. "The paradox that con- founds resolution of these cases is that hoarders often profess great love for animals. .. Hoarders are by definition oblivious to the extreme suffer- ing, obvious to the casual observer, of their animals," Patronek wrote. Amy Sherman covers Dakota County public safety and government. She can be reached at asherman @pioneerpress.com or 651- 228 -2174. HOW TO REACH THE SOUTH SUBURBAN TEAM • Brian Bonner, reporter covering Inver Grove Heights, South St. Paul, West St. Paul, Mendota Heights, Sunfish Lake, Lilydale and Mendota, 651 - 228 -2173, e- mail: bbonner @pioneerpress.com , • Mara Gottfried, reporter covering Eagan and suburban growth, 651- 228 -5262, e-mail: mgottfried @pioneerpress.com • Tammy Oseid, reporter covering Dakota County education, 651 - 228 -2171, e -mail: toseid @pioneerpress.com • Bola Shaw, reporter covering Apple :Valley, Burnsville, Rosemount and Lakeville, 651 - 228 - 5419, e -mail: bshaw@ pioneerpress.com