HomeMy WebLinkAbout2.c. Animal OrdinanceAGENDA: ANIMAL ORDINANCE AMENDMENTS TO
CITY CODE AND ZONING ORDINANCE
AGENDA SECTION:
DISCUSSION
PREPARED BY: CHARLIE O'BRIEN
CODE ENFORCEMENT OFFICIAL
AGENDA NO:
ATTACHMENTS: DRAFT ORDINANCES, INFORMATIONAL
MATERIAL, ARTICLE REPRINTS, AND CORRESPONDENCE
APPROVED BY:
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
COMMITTEE OF THE WHOLE: JULY 14th, 2002
ummary
Extensive revisions to City Code, Chapters 7 -4A, 7 -4B, 7 -4C, Zoning Ordinance Chapters 3 2 and
4 10 became necessary due to changes in Minnesota State Statutes and evolving issues regarding
non traditional animals being kept as pets
These revisions were previously brought to the Committee of the Whole, and staff was given
direction to seek further infomiation and develop language that would allow for the registration of
non traditional animals already owned and residing in the City prior to enactment of this ordinance
That was accomplished and the revised amendments brought before the Committee of the Whole for
consideration
As a result of further direction additional revisions have been made to Chapters 7-4A, 7 -4B, 7 -4C,
and 3 2 and 4 10 that would create a system for registration of non traditional animals as pets that
imtially treats these animals similarly to any other pet such as a dog or cat The revisions also
provide for escalation of restraint, confinement, insurance and bonding, posting of premises where
the animal resides and tagging and microchipping for identification purposes if the animal commits
any act that would require the animal to be declared a Dangerous Animal Provision for heanngs,
revocation of registrations, and enforcement actions are also included for these new categories of
registrations and non traditional pets A revised provision for regulation of feeding of animals m a
manner that becomes a public nuisance or a public health nuisance is also included
r
NOTES: For discussion only
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE: 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 -I; through 7 -4A -8, are amended to read
as follows
SECTION:
CHAPTER 4
ANIMAL CONTROL
ARTICLE A. ADMINISTRATION AND ENFORCEMENT
7 -4A -1: Definitions
7 -4A -2: Animal Shelter Provided
7 -4A -3: Officers appointed To Enforce Chapter
7 -4A -4: Interference With Officers
7 -4A -5: Rabies, Animal Bites
7 -4A -6: Exemptions From Provisions
7 -4A -7: Impounding, Disposal of Animals
7 -4A -8: Penalties
7 -4A -1 7 -4A -1
7 -4A -1: DEFINITIONS: As used in this Chapter, the following terms have the
following meanings
ANIMAL
A. Animals, Allowed
B. Animals, Prohibited
"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
"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
constnctmg reptiles or amphibians, and
other similar animals
"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 canrdae)
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 offspnng from all subsequent generations of such crosses or
hybnds are also considered non domesticated animals
7 -4A -1 7 -4A -1
ANIMAL, DANGEROUS
ANIMAL, FARM
AT LARGE
4. Any member or relative of the rodent, mustehd, marsupial
(metathena) or procyomdae 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
5. Any poisonous, venomous, constncting, or inherently dangerous
member of the reptile or amphibian families including, but not
limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and
alligators
6. Any non -human pnmates 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
"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
"Farm Animal" shall mean cattle, horses, pomes,
mules, sheep, goats, swine (including potbellied
pigs and other miniature vaneties), ducks, geese,
turkeys, chickens, and other animals of husbandry
ANIMAL, WILD: "Animals Wild" shall mean any animals that are
customanly found in the wild.
Any animal is considered to be "at large" at any
time when it is not under restraint as herein
required
7-4A -1 7 -4A -1
COMMERCIAL KENNEL
GREAT BODILY HARM "Great Bodily Harm"
KENNEL NUISANCE
OWNER
"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 sunrise and sunset Commercial Kennels
are allowed in all areas zoned Agncultura] or
Commercial, except C -1
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 ammals
"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" shall mean causing a nuisance
or discomfort to persons in the area by, smell, noise,
hazard, or intrusion created by animals kept m a
kennel on property within the city
LOFT "Loft" shall mean any and all quarters in which
pigeons are housed Lofts must be licensed
"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
7 -4A -1 7 -4A -1
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
PUBLIC PROPERTY:
PIGEON
RESIDENTIAL KENNEL
Any allowed animal, or prohibited animal that
when unprovoked, inflicts bites on a human,
allowed animal, or prohibited animal on public or
pnvate 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
"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" shall mean any and all varieties of
pigeons Lofts, quarters for the keeping of pigeons,
must be licensed
"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 penod 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 agncultural
7 -4A -1 7 -4A -1
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
nght 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:
SERVICE ANIMAL
"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" shall mean an ammal trained, and
certified, to assist a person with a disability
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:
ZOONITIC DISEASE Any disease that can be transmitted from animal to
human being
"Use Permitted by Right" shall mean a use which is
unconditionally permitted in the distnct under
which it is listed
7 -4A -1 7 -4A -5
YARD OR SETBACK:
YARD, STREET -SIDE: "Street -side Yard" shall mean a side yard that is
adjacent to a street
7 -4A -2: 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.
7 -4A -3: 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 -4: 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
7 -4A -5: RABIES, DISASTERS, ANIMAL BITES, ZOONOTIC DISEASE:
A. Emergency Proclamations:
1.
"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 honzontal
distance between the lot line and the building line
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 or enclosure.
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
7 -4A -5 7 -4A -7
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
information as will be helpful in disease control
C. Veterinarian Reports of Rabies or Zoonotic Disease Suspects: It shall be the
duty of every licensed vetennanan to report to the City Police Department the
diagnosis of any ammal 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
7 -4A -6: EXEMPTIONS FROM PROVISIONS:
A. 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 wnting of their presence
7 -4A -7: IMPOUNDING. 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
7 -4A -7 7 -4A -7
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 wnting
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 ammal
could have transmitted rabies at the time of the bite Such impounding may
be by the owner and need not be at the City Animal Shelter, at the discretion
of the city anneal control authority, but if it is not at the City Anneal Shelter,
the owner shall notify the City Police Department and shall furnish proof in
writing that such animal is being so impounded
1 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 eutharnzed 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, should be made in consultation with the Minnesota
Department of Health, the Minnesota Board of Animal Health, and the
victim's physician
7 Any animal that has been bitten by a rabid ammal or believed to have been
exposed to rabies shall be quarantined as required by Minnesota Board of
Animal Health rule
7 -4A -7 7 -4A -7
B.
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 ammal control authonty
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
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 penod 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 appropnate
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 A fee for adoption will be set by Council and charged to recover the
costs incurred by the City in captunng 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
7 -4A -7 7-4A -8
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
D Killing Animals Which Cannot Be Impounded: If an animal is diseased,
vicious, dangerous, rabid or exposed to rabies and the animal cannot be
captured or impounded after a reasonable effort or cannot be captured 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 -4A -8: 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
A Exception Penalties greater than those set forth in this section are imposed by
Minnesota State Statute for vanous sections of this Chapter In such cases the
more severe penalties shall be applied
7 -4B -1 7 -413-1
CHAPTER 4
ARTICLE B. REGISTRATION AND CONDUCT
Section 2 Rosemount City Code, section 7 -4B -1 through 7 -4B -10 are amended as
follows
SECTION:
7 -4B -1 Registration Provisions
7 -4B -2 Tag, Collar and Microchipping Required
7 -4B -3: Care and Maintenance Requirements
7 -4B -4 Restraint Required
7 -4B -5• Confinement Provisions
7 -4B -6 Noise Nuisances
7 -4B -7. Proceedings for Impoundment, Destruction, or Abatement of Nuisance
Created By Certain Animals
7 -4B -8 Sanitation
7-4B-9 Yard Cleanup
7 -4B -10 Keeping of Animals
7 -413-1 REGISTRATION PROVISIONS:
A. Requirements:
1 No person m 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
7-4B -1 7 -4B -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 pnor
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 the conditions in 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 has obtained the required insurance, bond, or
liability coverage for any acts committed by the prohibited
animal to be registered under his or her control
g The applicant can demonstrate regular veterinary care is being
provided for the prohibited animal under a state licensed
vetermarian expenenced in the care of said species
3 Persons who meet the requirements set forth in 7 -4 -B 1, A, 2, (a) through
(g) must annually apply for and obtain a City Prohibited Animal
Registration From and after the effective date of this act, no new
prohibited animal will be brought into possession under authority of a City
Prohibited Ammal 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
7 -4B -1 7 -4B -1
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
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
that would aid in the identification of the animal
d A current photograph of the ammal
e Additional Dangerous Animal Registration information and
requirements from section 7 -4B -10 D, 4, b and c
3 Application for City Prohibited Ammal 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 pnmary place of residence for
the prohibited animal
b The name, species, age and a detailed descnption 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 vetennary 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
7-4B -1 7-4B -1
C. Term of Validity
D. Fees
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
2 All City Dangerous Dog/Animal registrations shall be vand for one (1)
year, all required vaccinations to be current dunng the one (1) year penod
3 All City Prohibited Animal registrations shall be valid for one (1) year, all
required vaccinations to be current during the one (1) year penod
City Registration.
1 The City registration fee shall be set by Council resolution and reviewed
annually The following provisions shall also apply
2 Spayed or neutered dogs, cats, or ferrets shall quahfy for a discount of half
(1/2) of the normal fee
3 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
4 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 m the city
5. Service Animals, or Police Canines, shall be required to be registered but
the normal fee will be waived
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 51, Subd 2
b. The City Dangerous Ammal registration fee shall be set by Council and
reviewed annually.
7 -4B -1 7 -4B -1
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 vetennanan
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 vetennanan
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
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
1. City Prohibited Animal registrations are non transferable
H. New Resident Exemptions
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
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
7 -4B -1 7 -4B -3
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 -4B -2 TAG, COLLAR, AND MICROCHIPPING REQUIRED:
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 wom by the animal at all
times
1 Certain prohibited ammals may be exempted from wearing this tag, chain,
collar, or harness with approval from the City
C. The cntena and provisions regarding the tagging, microchippmg, 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
7 -4B -3: CARE AND MAINTENANCE REQUIREMENTS:
No owner shall
A Fail to provide any ammal with sufficient potable food, water, or
proper diet applicable to its species,
B Proper shelter and protection from the weather applicable to its
species,
C. Veterinary care when needed to prevent suffenng and maintain the
normal health of the ammal,
D With humane care and treatment
E Abandon any animal anywhere within the city, or at the animal
shelter designated by the City.
7 -4B -3
No person shall.
F Beat, treat cruelly, torment or otherwise abuse any animal
G. Cause or permit any dog, cat, cock, or any ammal fights
7 -4B -5
H. 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 build up any animals stamina or musculature for any animal
fighting
I. As relates to the care and maintenance of animals Minnesota Statute,
Sections 343 and 346 57 shall apply to this Chapter
7 -4B -4: RESTRAINT REQUIRED: The owner 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 cntena of
Minnesota Statute, Section 347 50, the requirements of Minnesota
Statute, Section 347 52, regarding restraint, muzzling, and
confinement shall also apply
7 -4B -5: 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 m the manner prescribed by Minnesota
Statute, Section 347 52.
2 Any dog that is declared Dangerous, or Potentially Dangerous, under the
cntena of Minnesota Statute, Section 347 50 and its owner shall 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
7 -4B -5 7 -4B -7
3 If any clog has been declared Dangerous, or Potentially Dangerous, under the
cntena 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 cntena of Minnesota Statute,
Section 347 50, in another municipality within the state, the oN ner 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
4 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
5 If any dog that has been declared Dangerous, or Potentially Dangerous, under
the cntena of Minnesota Statute, section 347 50
a Is sold, given, or ownership of such dog is transferred in any way 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 vetennanan must be submitted to
the City Police Department within 10 days
6 Failure to meet the requirement of 7 -4B -5 Al or the requirements and
procedures of Minnesota Statute, Section 347 50 will be a violation of this
Chapter and punishable as defined herein
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-6: NOISE NUISANCES: 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 -7 PROCEEDINGS FOR IMPOUNDMENT, DESTRUCTION, OR
ABATEMENT OF NUISANCES CREATED BY CERTAIN
ANIMALS:
A. Facts of Case Upon sworn complaint of any person to a Distnct Court Judge in the
County of Dakota that any of the following facts exist
7 -4B -7 7 -4B -7
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 sv ith the driving of automobiles upon a public highway,
4 That the animal is habitually barkmg, 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, Judgment 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
poundkeeper, or any police officer or any other officer designated.
1. 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 heanng and finding of facts true as complained of, the Judge may,
a Order the animal humanely euthanized,
b May order the owner to remove it from the City,
c May order it confined to a designated place,
d Or may order its sale or other disposition
3 In the event an ammal 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 ammal 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
7 -4B -7 7 -4B -9
Department or the Board of Animal Health to be a risk to public health by any
disease it may be a earner 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, heanngs, 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 critena 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
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 relating 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
7 -4B -8: SANITATION: All persons in control of an animal on park
property or any pubhc property or right of way shall have in possession at all times
apparatus which can be used for cleaning up feces or a bag for proper disposal of feces
The person in control of an animal is responsible for picking up the animal's feces and
disposing of it properly
7 -4B -9: YARD CLEANUP: A property owner is required to clean all
feces from his or her property every twenty -four (24) hours in a residential area
7 -4B -10 7 -4B -10
7- 4B -10: KEEPING OF ANIMALS: The keeping of allowed animals,
prohibited ammals, farm ammals, 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 distncts where Farm Animals are
allowed
1) Any stable, barn or yard area in which horses, cattle or any farm
animals are kept shall be kept clean
2) Manure shall be removed with sufficient frequency to avoid
nuisance from odors, or breeding of flies, and in no case less than
weekly
a Manure handling, disposal, storage, composting and pasture
management methods and practices shall meet the regulations
detailed in section 9 5. of the Zoning Ordinances
3) 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
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
1) 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 agncultural interests.
c. Pose a possibility of threatening wildlife populations or other
natural resources
7 -4B -10 7 -4B -10
d Pose a possibility of endangenng 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
f Or, are defined as a prohibited or wild animal m section 7 -4A:
definitions
D 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
1. It shall be unlawful for the owner or any other person in control of any
property in the City, whether residential, commercial, mdustrial,
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
2. It shall be unlawful for a person to breed a prohibited or wild animal
within the City
3. The provisions of this section shall not apply to
a Institutions accredited by the Amencan Zoo and Aquanum
Association (AZA)
b Registered non profit humane societies
c Animal control or law enforcement officers acting under the
authonty of City, County, State or Federal regulation, rule,
ordinance or statute.
d Licensed veterinary hospitals or clinics
e State Licensed wildlife rehabihtators.
f Licensed or accredited research or medical institutions
g Licensed or accredited educational institutions
7 -4B -10 7 -4B -10
4 Care and treatment of animals held under a City Prohibited Ammal
registration
h A person temporarily transporting a prohibited or wild ammal
through the City Such temporary transit penod shall be thirty (30)
minutes or less in duration and the prohibited or wild animal shall
be kept securely caged within that time
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 ammal 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 Any registered prohibited animal that commits an act that would
require a dog to be declared "Potentially Dangerous" or
"Dangerous" under Minnesota State Statute will be declared a
"Dangerous Animal" and required to be kept as follows
i 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 caused by the prohibited animal
II. 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
m The owner or possessor of a registered prohibited animal
that has been declared a Dangerous Animal must 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 prohibited animal on the premises In addition,
the owner will conspicuously display a sign with a warning
7 -48-10 7 -4B -10
symbol that informs a child of the presence of a prohibited
animal The exact content and size of the signs shall be
prescnbed by the Police Department
c. The cntena and provisions regarding the tagging, microchippmg,
and posting of warning signs on the premises of a registered
Prohibited Animal that has been declared a Dangerous Animal are
as follows
i Every registered prohibited animal declared dangerous
must have a microchip identification number inserted by a
licensed vetermanan, at the expense of the owner This
provision does not apply to a prohibited animal if a
vetennanan determines that the placement of a
subcutaneous microchip would endanger the health of the
prohibited animal
11 The City may require an opinion from the State Board of
Animal Health prior to granting such exemption
d If a person realizes that he or she can no longer care for their
registered prohibited animal they must place the animal with an
institution accredited or referred by the American Zoo and
Aquarium Association (AZA), place the animal in a suitable
licensed or accredited wildlife sanctuary, 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 of many of these
animals, or, arrange for the humane euthanization of the animal
E. No pnvate zoos, game farms or animal exhibitions are allowed within any city
distncts.
F Horse Regulations The keeping of horses is an allowed use in the
Agncultural and Rural Residential zoning distncts, provided
1) The minimum lot size is five (5) acres
2) The number of horses may not exceed one (1) per two (2) acres.
a Exception Miniature horses, the number of miniature horses
allowed per acre shall be three (3)
7 -4B -10 7 -4B -10
3) It shall be unlawful for any person to ride or dnve a horse after the
hour of sunset and before the hour of sunrise along or crossing any
public right of way without appropnate lighting or reflective
material.
4) It shall be unlawful for any person to nde, dnve or otherwise take a
horse into any public park or other public property, except within
the nght of way of public streets
5) 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
6) 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
G. All persons in control of an animal on any public property or right of way
shall have in his or her possession at all times apparatus that can be used for
cleaning up feces or a bag for proper disposal of feces The person in control
of an animal is responsible for picking up the animal's feces and disposing of
it properly
H Animals may only be kept for commercial purposes if authonzed in the
zoning district where the animals are located
I. Animals may not be kept if they cause a nuisance or endanger the health or
safety of the community
J 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)
K Facilities for housing ammal(s) shall be:
1) Constructed of such matenal as is appropnate for the ammal(s)
involved
a Matenals must be of sufficient strength to secure and restrain
any animals requiring restraint
2) Maintained in good repair
7 -4B -10
7-413-10
a 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) Controlled as to temperature, ventilation, lighting, and humidity as
necessary to provide conditions compatible with the health and
comfort of the animal(s)
4) 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
5) Cleaned,
a As often as necessary to prevent contamination of the anrmal(s)
contained therein, and any other animals or humans who may
come in contact with them,
b. In a manner utilizing proper protocols, methods, equipment and
materials recommended to minimize disease hazards or
transmission as required by particular type of animal,
c. And to reduce objectionable odors
6) Built to conform with the property line setback standards for
accessory buildings, side yards, and rear yards (Section 7 2 A 6)
L 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
M Maintenance of Fowl and Birds 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
1) 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
7 -4B -10 7 -4B -10
2) 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
3) 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
4) 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
5) License application Application for a license to keep pigeons shall be
made to the city clerk and accompanied by the specified license fee
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 seek the wntten approval of such application
by the occupants of all privately owned real estate abutting the
premises for which the license is sought These approvals 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
6) 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
7 -4B -10 7 -4B -10
7) Other restrictions Premises on which pigeons are kept and maintained
shall be kept clean from filth, garbage and any substance which may
attract rodents, at all times
a Lofts must be cleaned
1 As often as necessary to prevent contamination of the ammal(s)
contained therein, and any other animals or humans who may
come in contact with them,
2 In a manner utilizing proper protocols, methods, equipment and
matenals recommended to minimize disease hazards or
transmission as required by particular type of animal,
3. And to reduce objectionable odors
b Pigeons shall be fed within the confines of the loft on the premises
on which the pigeons are housed
c The pigeons must be confined to the loft except for short penods of
exercise dunng which time they may be permitted to fly outside
the loft
d Grains and food stored for the use of pigeons on any licensed
premises shall be kept in rodent proof containers
e. The loft must be constructed as to be fly free and rodent proof
f 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
g The loft shall rest upon concrete footings, have a maximum height,
and conform to setback requirements as required for any similar
sized accessory building
N. 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 boundanes of the
city
a. 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
7 -4B -10 7 -4B -10
placed, or the byproducts of the feed accumulating, are deemed a public
nuisance and are prohibited under this section
b. Exception This subsection does not apply to Veterinarians, Police
Officers, Animal Control Officers, or any County. State, or Federal Game
Officials rn the course of their duties
7 -4C -1 7 -4C -1
SECTION:
CHAPTER 4
ANIMAL CONTROL
ARTICLE C. KENNELS, DANGEROUS DOG, LOFT, EXOTIC ANIMAL
REGISTRATION AND REVOCATION
Section 3 Rosemount City Code, Section 7 -4C -1 through 7- 4C -3 are amended to read
as follows
7 -4C -1 Registration Provisions
7-4C -2 Premises Requirements
7 -4C -3 Violation, Revocation and Hearing
7 -4C -1: REGISTRATION PROVISIONS:
A 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 kennel or Loft must be made to the City Clerk and
shall be accompanied by the specified registration fee, any documentation
of neighbonng property owner's consent required, and a site plan, if
required
a Dangerous Dog Registrations must be submitted to the City 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
7-4C -1 7 -4C -1
b. Prohibited Animal Registration applications submitted by those
who meet the requirement of 7 -4 -B -1 A, 3, must be submitted to
the City Police Department and contain the information required in
sections 7 -4 -B -1 B, 3, (a) through (e)
c Applications for City Dangerous Dog, Prohibited Animal, and
Dangerous Animal registration will be forwarded to the City Clerk,
with all staff findings or recommendations, after investigation
2. The Clerk shall refer the application and documentation to the proper staff
for review After inspections and reviews are completed the application,
documentation, and recommendation of staff shall be forwarded to the
City Council, which may grant, limit, or deny the request Registrations
issued for kennels, lofts, dangerous dogs, or prohibited animals shall be on
an annual basis The term for which shall be set by council
B Application 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
C Transfer 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 Minnesota State Statute, whichever may be
applicable, to the City Clerk Each kennel or dangerous dog registration shall be
posted conspicuously on the premises where said kennel or dangerous dog is kept
D Consent 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 wntten approval 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 is three hundred feet (300') or more from any
structure used as a home
E Requirements and regulations for the keeping of fowl, birds and lofts may be
found in 7 -4B -10
F Requirements and regulations for the registration and keeping of dangerous dogs
may be found in 7 -4B -1, 7 -4B -2, 7 -4B -4, 7 -4B -5, 7 -4B -6, 7 -4B -7, 7 -4C -1, 7 -4C-
2, and 7 -4C -3
7 -4C -1 7 -4C -3
G Requirements and regulations for the registration and keepmg of prohibited
animals may be found in 7 -4B -1, 7 -4B -2, 7 -4B -3, 7 -4B -4, 7 -4B -5. 7 -4B -6, 7 -4B-
7, 7 -4C -1, 7 -4C -2, and 7 -4C -3
7 -4C -2: PREMISES REQUIREMENTS:
A 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 must house all animals indoors between the hours of
sunset and sunnse
2 Fences and enclosures to contain Dangerous Dogs must meet the
requirements of Minnesota State Statute, Sections 347 50- 347.52 and
Chapter 7 -4B of the City Code
E. Sanitation, Noise 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
2 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
a. Any disturbance or nuisance created by way of noise or
vocalization by animals as descnbed above that unduly impairs
the quiet and peaceable enjoyment of surrounding properties is
deemed a public nuisance
b Public or kennel nuisances caused by vocalization of animals
may be abated by the procedures in Section 7 -4B -7
7 -4C -3 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,
7 -4C -3 7 -4C -3
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 m wnting,
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 heanng 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
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 may be seized
and held as per 7 -4B -7. B, 5
b. The proceedings detailed in section 7 -4B -7 shall be
followed
Rosemount Zoning Ordinance Amendments
ANIMAL CONTROL
Section 4. Rosemount Zoning Ordinance, Section 3.2 is amended as follows
3.2:
DEFINITIONS: For the purpose of this Ordinance, certam words contained
herein shall be defined as follows
ANIMALS, DOMESTIC: Fish, dogs, cats, birds, and similar household pets (This
definition deleted and a new definition ALLOWED
ANIMALS inserted in City Code 7 -4A -1
ANIMALS, FARM:
ANIMALS, WILD AND EXOTIC:
KENNEL:
PUBLIC PROPERTY:
RIGHT OF WAY:
Cattle, hogs, horses, sheep, goats, rabbits, chickens and
other farm animals (This definition deleted and a new
definition inserted in City Code 7- 4A -1.)
Animals other than domestic and farm animals that are
customarily found in the wild including snakes, wolves,
bears and tigers and other such animals (See amended
definitions for WILD ANIMALS and PROHIBITED
ANIMALS in 7 -4A -1
Any lot or premises for the sale, boarding or breeding of
dogs, cats or other household pets Kennel shall mean three
(3) or more anunals over six (6) months of age (This
definition deleted and new definition's, COMMERCIAL
KENNEL, RESIDENTIAL KENNEL and KENNEL
NUISANCE are inserted in City Code 7 -4A -1)
Any street or highway and includes the entire width
between the boundary Imes of every way publicly
maintained for the purposes of vehicular travel, and shall
also mean any other publicly owned property or facility
(This definition copied to 7 -4A -1)
A street, alley 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 (This definition copied to 7 -4A -1)
USE PERMITTED BY RIGHT:
A use, which is unconditionally permitted in the district
under which it is listed (This definition copied to 7 -4A -1)
YARD OR SETBACK:
YARD, STREETSIDE: A side yard which is adjacent to a street (This definition
copied to 7 -4A -1)
Section 5 Rosemount Zoning Ordinance, Section 4 10 is amended as follows:
Section 4.10: ANIMALS, is repealed Animal control regulations may be found in
Sections 7 -4A, 7 -4B, and 7 -4C of the City Code
Section 6. This ordinance will become effective from and after its date of publication
Adopted this day of 2002
ATTEST
Linda Jentink, City Clerk
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 honzontal distance between the
lot line and the building line (This definition copied to 7-
4A -1)
Cathy Busho, Mayor
Published this day of 2002 in the Rosemount Town Pages
MAY -15 -02 11 03 FROM HSUS
ID- 2027709132 PAGE 8/13
Captive Wild Animal Protection Bill
Model State Legislation
SECTION 1. Findings.
The legislature finds and declares that wild animals often pose senous threats to human health and safety and
can raii9P severe environmental damage. These animals have very specific biological requirements best met m
their natural habitat. When it is necessary to confine them in captivity, they should be under the supervision of
gwzlified zoological or otherwise competent professional caretakers Furthermore, it is unsuitable and cruel to
involve them m any display, act, or exhibit which cans s them to engage in =natural behavior And, because
these animals can cause a local community much expense and inconvenience if they are inadvertently set free,
their presence m a community should always be made known to government officials.
SECTION 2. Definitions.
As used in this Act
(a) "Wild animal" means any living member of the kingdom Animallia, including those born or
raised in mptivity, except the following:
The species Homo sapiens (human beings)
The species Camsfamikaris (domestic dogs, excluding hybrids with wolves, coyotes, or jackals)
The species Pelis catus (domestic cats, excluding hybrids with ocelots or margays)
The species Equus caballus (domestic horses)
The species Equus asanus (asses/donkeys)
The species Bos taus us (rattle)
The subspecies Oms amnion sues (sheep)
The species Capra hircus (goats)
The subspecies Sus scrota domestics (swine)
Domesticated races of the species Gallus gallus or Meleagns gailopavo (poultry)
Domesticated races of the species Mesocncetus auratus (golden hamsters)
Domesticated races of the subspecies Cavia aperea prorell n (guinea pigs)
Domesticated races of rats or mice (white or albino, trained, laboratory reared)
Domesticated races of the species Oryctolagus cunteulus (rabbits)
All captive- -bred members of the species of the families Psedacidae (parrots, parakeets),
Anatidae (ducks), Fnngilltdae (finches), and Colwnbtdae (doves and pigeons)
All captive -bred members of the species Ser"ntvs canna of the class Aves (caimans)
Domesticated races of the species Carasstus auratus (goldfish)
Cap red members of the superorder Teleastet of the class Ostetchthyes (common aquarnnn
fish)
All species of the rings Insects
(b) "Minimum Care Standards" means those standards for animal care promulgated by the
Secretary of Agriculture of the United States under the federal Animal WPWsre .Act and found at Ltle 9, Code
of Federal Regulations section 3.1, et seq., mclnding amendments thereto, as adopted and promulgated by the
Director of the Department of Natural Resources pursuant to section 4(c) of this Act.
(c) "Unnatural behavior" means behavior which is not part of a wild animal's natural habits or
behavioral repertoire, or m which it would not engage in its natural habitat.
(d) "Person" means any individual, partnership, firm, joint stock company, corporation, asso-
cation, trust, estate, or other legal entity
(e) "Resident" means [Each state should insert its own definition of
"resident.
2
MAY -15-02 11 03 FROM HSUS
ID 2027786132
(f) "Enhance the species" means to add significantly to the overall welfare, health, and well-
being of the species m question through a program that includes, at a nununum• controlled breeding in accor-
dance with regulations established by the Director, formal public education efforts, membership and participa-
tion in such professional organizations as state and national wildlife rehabilitators' associations, the American
Association of Zoological Parks and Aquariums, Amenean Association of Zoo Keepers, Amencan Association of
Zoo Vetennanans, and the American Federation of Aviculturists; and other such requirements as the Director
may deem necessary
(g) "Director" means the Director of the Department of Natural Resources (or other appropn-
ate government official].
(h) "Common earner" means the operator of any airline, railroad, motor carrier, shipping line
or other enterprise, which is primarily engaged m the business of transporting people, property, or anunals for
hire.
(i) "Pet" means an animal kept for pleasure rather than for utility.
(0 "Wildlife rehabiilitator" means any person who has possessed, for a period of not less than
two years, a valid state or federal permit for the capture and possession of injured, infirm, orphaned wild ani-
mals for purposes of treatment or sanctuary, provided that the wild animals under the person's care are not used
for any public display off the premises, whether or not a fee is charged.
SEC:1'ION 3 Prohibitions.
(a) No resident person may own, poseess, or have custody of any wild animal, unless that per-
son obtains a permit from the Director or is exempted from obtaining such permit under section 5(a) of this Act.
(b) No person may sponsor, promote, or tram a wild animal to participate in, contribute to the
mvolvement of a wild animal in, or attend as a spectator any activity or event m which any wild animal engages
in unnatural behavior or is wrestled, fought, mentally or physically harassed, or displayed in such a way that the
arvmal is abused or stressed mentally or physically This prohibition applies to events and activities taking p)are
in either public or pnvate facilities or property, and applies regardless of the purpose of the event or activities
and irrespective of whether or not a fee is charged to spectators
SECTION 4- Jurisdiction.
(a) The Director shall enforce provisions of this Act and is authorized to icm• permits for the
ownership, possession, or custody of wild animals m accordance with section 5 of this Act.
(b) The Director shall make investigations or inspections to determine whether any permit
holder under this Act has violated or is violating any provisions of this Act or any regulation issued thereunder,
and for such purposes the Director shall, at all reasonable tunes, have access to all fealties where wild animals
are held pursuant to permits rsmued under this Act. The Director is specifically authonzed and directed to make
random and unannounced mspections of such facilities at any reasonable tune.
(c) Within six (6) months of the enactment of this Act, the Director shall adopt as rules and reg-
ulations of the Department of Natural Resources those standards for the humane handling, care, treatment, and
transportation—promulgated by the Secretary of Agriculture of the United States and found at Title 9, Code of
Federal Regulations, section 3.1 et seq. as apply to the wild animals protected by this Act The Director may
modify such standards provided that such modifications are more protective of wild animals
(d) The Director is authorized to establish other rules and regulations necaccary and approp-
nate for the administration and enforcement of this Act Such rules and regulations shall imtiafy be promul-
gated within six (6) months of the enactment of this Act.
SECTION 5. Permits.
(a) Exemptions, Standards for Issuing Permits
(1) The following persons are exempt from the permit requirement of section 3(a)
(A) A person posseccmg or having custody of a sick or mlured wild animal solely for
the purpose of transporting the animal to a licensed veterinarian or penrutted wildlife
rehabili ator for care, to an incorporated humane society or animal shelter, to an organ-
ization that is an accredited member of the American Association of Zoological Parks
and Aquariums or to a state, federal, or local governmental official with authority or ap-
parent authority to handle the animal;
3
PAGE 9113
MAY -15 -02 11 04 FROM HSUS
ID 2027786132 PAGE 10/13
(B) Licensed vetennanans and incorporated humane societies or animal shelters
tending to mjured or sick wild animals, provided that such persons nobly the Depart-
ment of Natural Resources within forty eight (48) hours of obtauung custody of the
animal
(C) Any "research facility" within the meaning of section 2(e) of the federal Arumal
Welfare Act, 7 U.S.C. section 2132(e), licensed by the Secretary of Agriculture of the
United States pursuant to that Act;
(D) The Department of Natural Resources and any agent or official thereof acting
m his or her official capacity,
(E) Any agency or official of the United States government acting in his or her of-
ficial capacity; and
(F) Any person having possession or custody of the offspring of a wild animal for
which that person has a valid permit issued under this Act, provided that such person
makes separate application for a permit for the offspnng within ten (10) days of the
birth of the offspring
(2) The following persons shall be granted permits as a matter of right prmnded that they
meet the Minimum Care Standards adopted by the Director and are not in apparent viola-
tion of secton 3(o) of this Act
(A) A person that has owned or possessed a wild animal for at least two (2) years
pnor to the date of enactment of this legislation;
(B) An organization that is an accredited member of the American Association of
Zoological Parks and Aquanums;
(C) State universities or any other agencies of the state working with wild anunals;
and
(D) A wildlife rehabllitator
(3) All other persons applymg for permits must demonstrate to the Director_
(A) that the proposed ownership, possession, or custody of the wild animal will en-
hance the species in question withm the meaning of section 2(f),
(B) that the applicant possesses the scientific and animal husbandry credentials and
matenai resources to implement the proposed speaes- enhancement program;
(C) that the applicant will be able to comply with the Minunum Care Standards.
(The applicant's possession of a license issued under the federal Animal Welfare Act
shall not be deemed to establish the applicant's ability to so comply),
(D) that the wild animal in question will not be kept as a personal pet;
(E) that the applicant will be able to comply with any other applicable state, local or
municipal laws, ordinances or regulations, including those issued by the Director under
the authonty of this chapter
(S that the wild animal m question will not be used, directly or indirectly, in activi-
ties or events prohibited by section 3(b); and
(G) that the applicant can comply with any other terms, conditions, and re-
quirements which the Director deems appropnate-
(b) Requisite provisions of the permit.
(1) Any permit issued shall be consistent with the purpose and other provisions of this Act.
(2) The permit must specify:
(A) The number, species, and exact identification of the mdividuai animals authoriz-
ed to be owned, possessed, or held by the permit;
(B) The location where each animal will be kept.
(3) The Director may promulgate by ndemalang any additional conditions or restrictions to
be contained in permits consistent with the purpose and provisions of this Act
(c) Application procedures
(1) The Director shall publish notice m the state register [or other means customary to the
jurisdiction] of each application made for a permit Such notice shall specify that interested
parties may submit written comments to the Director within thurty (30) days regarding the
granting of the permit.
(2) Each applicant for a permit shall submit a written application to the Director which is
consistent with the requirements of Section 5(a) of this Act and with such other require-
ments that the Director may hereafter establish by rulemaking.
4
ID 2027788132
PAGE 11/13
MAY -15 -02 11 04 FROM HSUS.
(3) The Director may conduct a hearing with respect to any permit application at the re-
quest of any interested party or at the discretion of the Director, in order to decide whether
to issue or deny a permit. If a hearings conducted by the Director, notice must be pubhshed
in the state register and notice must be mailed to the applicant at least twenty (20) days
pnor to the hearing.
(4) The Director shall issue or deny the application fora permit as soon as possil)le, but no
later than t}urty (30) days after the thirty —day period for comments has expired, or, if a
hearing is held, no later than thirty (30) days after the hearing.
(5) Notice of the issuance or denial of a permit shall be published m the state register within
seven (7) days after the issuance or denial.
(d) Duration of permit.
The permit 4n11 authorize the applicant to own, possess, or have custody of the animal
specified in the permit for a period of two (2) years, or for a shorter period if deemed necessary by the Director
and specified on the permit.
(e) Renewal of permits.
The Director may renew a permit upon the applicant's showing that the applicant continues
to comply with all the requirements of section 5(aX2) or 5(aX3), as the case may be_
(0 Fees
The Director shall by regulation establish and charge reasonable fees for the appbcation, is-
suance and renewal of permits under this section.
(g) Modification or revocation of pernut
(1) The Director shall modify or revoke any permit issued pursuant to this section,
(A) in order to make the permit conform to any regulation promulgated by rule
malang by the Director,
(B) in any case where the terms and conditions of the permit are violated;
(C) where an animal owned or possessed pursuant to a valid permit is found in the
custody, care or control of any person other than the permit holder or his agent or other
persons specified on the permit; or
(D) in any case where the Director determines that the pennit holder or other per-
son with possession or custody of the animals specified on the permit has not met the
Minimum Care Standards or has apparently violated any provision of
(insert the station to the state anneal welfare or ante-cruelty laws]_
(2) The Director chill publish notice in the state register (or other appropriate official publi-
cation) of his intent to revoke or modify the permit, shall afford the permit holder an oppor-
tumty for a hearing, and shall mall notice of the hearing to the permit holder at least twenty
(20) days prior to the hearing. The permit ch211 not be modified or revoked and the permit
holder shall retain custody of the wild animal until the Director has rendered a decision
following a hearing and a copy of the decision is mailed to the permit holder, except, where
the Director determines that the health or welfare of the animal may be adversely affected
by leaving the ammal m the custody of the permit holder, the Director may temporarily
remove the animal to the custody of an incorporated humane society, hcensed veterinarian,
or a local or state government agency or official with the authority to care for the animal, or
to another permit holder.
(3) If the Director revokes the permit, the animal 41211 be permanently removed from the
custody of the permit holder and forfeited to the Director
SECTION 6 Wklide in Transit.
(a) No nonresident person may brmg any wild animal into this State, or travel with any wild an-
imal through this State, without obtaining a permit from the Director before entering the State To obtain a per-
nut to enter or travel with any wild animal, such nonresident person shall submit an application to the Director
which shall descrille the number and species of anneals, anticipated itinerary, scheduled stops, and the purposes
for bringing the animal or animals into the State. The Director shall issue the permit provided that the applicant
can demonstrate, in advance, compliance with the Minimum Care Standards, nicludmg those standards govern-
ing transportation of wild anneals, while the applicant's wild animals are within the State The permit shall be
valid for no more than thirty (30) days and shall not be renewable.
5
f4AY-15 -02 11 05 FROM HSUS.
(b) This section shall not apply to—
(1) common earners,
(2) accredited members of the American Association of Zoological Parks and Aquariums;
and
(3) nonresident persons traveling with any veld animal which shrill be m this State for no
more than forty -eight (48) horns, provided that such wild animal is not employed for or in-
volved directly or indirectly in any exhibmon or commercial purpose, or in activity prohib-
ited under Section 3(b) of this Act, while in this State
SECTION 7. Local Authority.
Notwithstanding any provision of this Act or any regulation issued thereunder, incorporated municipalities and
counties may enact ordinances relating to the ownership, possession, transportation, humane treatment, or care
of wild anmials provided such ordinances are more protective of wild animals, or more restnctive of ownership
or possession privileges than is this Act.
SECTION 8. Penalties.
Any person convicted of violating any provision of this Act or any regulaton promulgated thereunder, shall be
punished by lnipnsonrnent for not more than two (2) years or fined not more than three thousand dollars ($3,000)
or both. Any person convicted of a subsequent offense under any provision of this Act or any regulation pro-
mulgated thereunder shall be punished by impnsonment for not more than three (3) years or fined not more than
five thousand dollars ($5,000) or both. Any wild animal owned, possessed or in the custody of any person con-
victed of a first or subsequent violation shall be forfeited to the Director Every violation of this Act, and any
regulations promulgated thereunder, shall be considered a separate offense.
SECTION 9. Civil Actions.
Any person, on behalf of any wild animal involved, may bang a civil action to obtain inlunctrve relief against a
violalan of section 3 of this statute, or to compel enforcement of any provision of this Act.
SECTION 10. Severability.
This Act is severable. If any provisions or parts are ruled invalid, the remaining provisions or parts will still be
valid
SECTION 11. Effective Date.
This Act shall take effect one year from date of enactment.
The Humane Society of the United States
2100 L Street, NW
Washington, DC 20037
0196 by 1h HSZ)H All new ma w&
ID 2027766132 PAGE 12/13
MAY-15-02 11 02 FROM HSUS.
ID 2027788132
Captive Wild Animal Protection Bill
Notes
The HSUS model ball can be enacted as is, or it can be used as a framework for formulating lating the
proper legzslatton for each nnaauxpality or state. T here are many ways in which it can be mods
fled to fit your needs. Listed below are some of the sections where you can easily make changes to
address spemai situations.
DEFINITION OF WILD ANIMAL —Your definition of "wild animal" will determine which ani-
mals will receive protection under this law. No wild animal should be a pet. However, there are
many people who feel that captive -bred rabbits, ferrets, gerbils, hamsters, etc., are acceptable
pets. (The model bill includes some of these species.) It is in this section that those decisions
must be made. [Section 24a)) The HSUS generally favors enumerating the species not to be
covered rather than those that are to be covered; we feel this approach is less likely to leave
loopholes that may cause problems later.
UNNATURAL BEHAVIOR —The model bill prohibits forcing animals to behave in ways they
would not behave in when in their natural habitat. For example, it is unnatural for a lion to
jump through a fiery hoop or for an elephant to roller skate. Therefore, this section would affect
some circus acts and many less reputable traveling exhibits. If you do not want to end this
senseless animai exploitation, delete this section. [Section 2(c)]
ENHANCE THE SPECIES The definition of this term is designed to accommodate only an ex-
tremely narrow segment of the public who would not be allowed to keep a wild animal under
other provisions of the Act but who otherwise are malting significant contributions to wildlife
through serious, 5nancially sound, well-organized programs. For example, several pnvate
Texas ranchers now operate programs where endangered species of wildbfe will be bred and
raised under conditions more closely resembling their natural habitat, in hopes that cap
tive rearmg under these conditions will improve the prospects for one day returning them to
the wild
It is important to note that, as defined, breeding to and of itself would not be sufficient to
prove that an owner will "enhance the species." Many of the worst roadside facilities have suc-
cessfully reproduced species, a fact the owners use as evidence that the animals are healthy and
happy This is nonsense Furthermore, in some rasps, additional breeding would not be in the
species' best interests; three sets of azcumstances in particular are recognized by reputable
zoos as warranting limitations on breeding when it would not be in accordance with a species
management plan; when a species is already in surplus and when a zoo, because of budgetary
and space constraints, must stabilize its inventory.
(over)
PAGE SA13
MAY-1S-1712 11 02 FROM HSUS.
Finally, it should be clear that programs permitted under this Act should not involve ani-
mals taken out of their natural habitat unless they are needed for an endangered species plan
earned out by, or under the supervision of, an AAZPA accredited facility and is approved by
the appropriate federal agency. (Section 2(f)]
EXEMPTIONS All individuals and organizations intending to keep wild anunals must obtain
permits unless specifically exempted by the law all permit holders must meet certain n u imum
care standards. If there are other groups or indivichlals in your area, other than those already
listed, who need to be exempted from the law, add them in this section. For example, if your
state has a large filmmaking industry that uses wild animals, you may want to make allowances
for that. Or, if there is a specific situation in your state that you know you must exclude if the
bill is to pass, then either evelude it entirely or insert a "grandfather clause" phasing it out in
the future; at least you will have protected the remaining malonty of animals. (Section 5(a)]
JURISDICTION —You need to ascertain which governmental official should be green the au-
thority to administer and enforce this program. It might be the director of your state health,
agriculture, or natural resources department, or the head of a state appointed commission of
some kind_ Look for the person who has su>f'ficient authonty to discharge effectively the duties
under the law and is committed to its goals. (Section 2(g))
COMMENTS
We exempted research facilities from the permit process only because we do not want the
bill to become a lab animal issue, that should be addressed in a separate bill. [Section 5(aX1XC)]
Minimum care standards established under the Animal Welfare Act should be adopted and
enforced by the state as their own standards. We have always felt that USDA's standards,
though minimal, are sufficient to ensure humane care if properly enforced, the problem has
been abysmal enforcement by USDA almost across the board. A state still has the option,
though, to improve upon those regulations if it would make them more stringent These regula-
tions can be obtained from the USDA. [Section 2(b)]
Annals which have been confiscated or turned over to the state should be' placed in existing
zoos or wildlife preserves, found other suitable hvmg places, or eutbanized. This may be a prob-
lem when the bill is first enacted, but gradually, as fewer wild animals are possessed by individ-
uals, the problem should be reduced. We encourage admmistermg agencies to develop relation-
ships with the zoological institutions, hcensed rehabilitators, and other wildlife professionals in
their states who may be able to render assistance when necessary [Section 5(gX3)]
The purpose of Section 7 is to allow local comminutes to enact stricter laws Stronger laws
night be more easily enacted at the local level, especially after a serious problem occurs. Local
communities should be specifically given this right because often they are legally prohibited
from enactmg laws more restrictive than state law.
The Humane Society of the United States
2100 L Street, NW
Washington, DC 200037
®iJ6, by The BSUU Al the mesa
ID 2027766132 PAGE ,6/13
MAY -15 -02 11 02 FROM HSUS.
ID 2027766132
Captive Wild Animal Protection Bill
Section -by- Section Summary
Section 1. FINDINGS The bill is necessary to protect human health, safety, and the environ-
ment, and to promote the welfare of wild animals
Section 2. DEFINITIONS This section explains the terms used throughout the bill. "Wild
annals" are defined as all annnals except for the ones specifically excluded.
Section 3. PROHIBITIONS No one may possegs a wild animal without first obtaining a per-
mit to do so. All activities in which animals are harassed or are made to act in an unchar-
actenstc way are prohibited.
Section 4. JURISDICTION A state government official is given authority to enforce the law,
issue pen -mts for keeping weld animals and promulgate regulations for enforcement.
Section 5 PERMITS This section. 1) provides exemptions from the permit process under
certain circumstances; 2) provides that certain groups will automatically quality for a permit if
speck conditions are met, 3) outlines the admirnimctration of the pernut process.
Section 6 WILDLIFE IN TRANSIT This section requires a permit for bringing any wildlife
into the state, unless the animal will be in the state less than 48 hours and well not be used in any
exhibition or for any other commercial purposes.
Section 7. LOCAL AUTHORITY A local community is given specific authority to adopt re-
strictions tighter than those contained in this bill.
Section 8. PENALTIES This section sets the win ity for violations of the law and mandates
that animals in the possession of an offender be turned over to the sure
Section 9 CIVIL ACTIONS Citizens are empowered to bring civil suit on behalf of an animal
being held in alleged violation of this Act and to compel the state to enforce the Act when
necessary
Section 10. SEVERABILITY This section states that if any provisions of this law are ruled
invalid, the remamng portions are still in effect.
Section 11. EFFECTIVE DATE The bill shall become law one year from date of enactment
1
PACE 7/13
MAY 1S -02 11 01 FROM HSUS
ID 2027766132
C iKet t wc k i /1 OffRO Orc h6at,.c.e- O
Cep (31'id(,ce_
Ehac4-ca /95y
-Doe 1q.9 +0 i3-gs
(gag of atrinnati F.A -P.
An Mrainann Nn. 05 _194A
ORDAINING supplementary Section 701 -42 of Chapter 701, Title VI: of
the Cincinnati Municipal Code titled "Possession or Sale of Wild or
Potentially Dangerous Animals; Prohibitions" to prohibit a person
from selling, owning, harboring or having control over a Wild or
Potentially Dangerous Animal within the city of Cincinnati.
WHEREAS, a person owning, harboring or having under his or her
control a wild animal creates circumstances where physical injury
and property damages from.the animal may require reeponse of the
Cincinnati Police and Fire Department to a location within the City
when said personnel may net possess the proper equipment to subdue
and confine said animal- and
wHBREAS the escape and =Ring at large of certain wild
animals exposes the members of the community to serious injury or
loath and damage to personal property; and
wgvw2aS, a wild animal will grow to a size or develop ta.
feroc w hich makes the animal less likely to submit to control by
the owner, harborer or person in control of the wild animal; and
WHEREAS, it is necessary for the protection of the public
health and safety of the citizens of the City of Cincinnati that
oortain wild animals nor be located, except. under apeeifioa
citcu aatanwec, within the City of Cincinnati: and
WHEREAS, a wild animal requires continuous care, supervision,
special feeding and control which if not properly provided to the
animal may constitute cruelty to the wild animal; now, therefore,
BE IT ORDAINED by the Council of the City of Cincinnati, State
of Ohio:
Section 1. That Section 701 -42 of Chapter 701. Title vii of
the Cincinnati Municipal Code he ordained to read:
5101 -42. Possession or Sale of Wild or Potentially
Dangerous Animals; Prohibitions.
A. No person shall keep, own, harbor, have charge of,
maintain or have control of within the city a wild or
potentially dangerous animal
PAGE 2/13
MAY -15 -02 11 01 PROM.HSUS.
1
rD 2027786132
H. Na person shall possess with intent to sell, sell or
offer for sale, or buy or attempt to buy within the
city a wild or potentially dangerous animal
C: For purposes of this section, a wild or potentially
dangerous antrna1 a del/ma as an animal which is wild
by nature and not customarily demesticatad in the City
of Cincinnati and which because of itt cite,
disposition, or other characteristics inherently
conatitntce a danger to human life or property. A
Wild and potentially dangerous animal shall include
but not be limited to
11 Apes: Chimpanzees (Pan); gibbons (Rylobatesi
gorillas (Gorilla); orangutans (Pongo); an.
siamangs (Syalphalan us)
2) Baboons (Papot, Banarillus).
3) Bears (Ursidae).
4) Cheetahs (Aciaonyx jubatus)-
5) Coyotes (Canis latrans) and coyote -dog
hybrids.
6) Elaphants ($lephas and Laxodaata).
7) Hyenas (Ryaonidae)_
8) Jaguars (PaAthera onca).
9) Leopards (Panthers pardus).
10) Lions (Panthers: leo).
11) Lynxes (Lynx).
12) Pumas (Fells concolor); also known as cougars,
mountain lions and panthers.
13) Tigers (Panties tigrish
14) Wolves (Canis lupus) and wolf -dog hybrid*.
15) Wild cats (jungle cat, ocelot, *agar,
servral, caracal, leopard car) and wildcat-
domestic cat hybrids.
Aa used in this section, "Wild or Potentially Dangerous
Animal" does not include an animal that is in the
possession or control of any of the following agencies,
organizations, its employees or agents:
1) The Division of Wildlife in the Department of
Natural Resources;
2) The Ohio Department of Agriculture;
1) An incorporated humane society;
4) A veterinarian holding a valid license upder
chapter 4741 of the Ohio Revised Code, who has
custody of the animal for the purpose of
providing medical treatment of the animal'
5) Any organization that is am accredl,teo member of
the American Association of Zoological Parks
and Aquariums;
PACE 3113
MAY -15 -02 11 01 FROM -HSUS.
e r
time allowed by law.
Passed r lri4,0 e i3
Attest
ID 2027786132
6) M agency or official of the United States
government acting in its official capacity;
7) Any research facility within the meaning of the
"Animal welfare Act," 80 STAT 359 (1966) 7 ASCX
2131, as amended;
8) A common carrier with possession of the aaimal
for the purpose of transportation;
9) Any person who is not currently dwelling in the
city, who iS traveling through the City of
cincinnati with any "wild or potentially
dangerous animal and wbo La in the City of
Cincinnati for no more than twenty -four hours
and the "wild or potentially dangerous
animal" is maintained in quarters so constructed
which are humane and will prevent escape;
10) The Znterhatianal Society for the Preservation at
wild Animals;
11) Research facilities of the International Society
for Endangered Cats; or
12) Any circus or professional entertainer present
within the City cf Cincinnati for the purpose of
entertainment to the general public provided the
wild or potentially dangerous animal is
maintained in partcra oo constructed which are
humane and will prevent escape_
whoever violates this section is guilty of a
niedemeaaor of the second degree fax the first offense
and a misdemeanor of the first degree for each subsequent
offense.
When
offense of person n 701-42. such person shall be
fined not less than $300_00, which fine shall not be
remlttet_
Section 2. This ordinance shall take effect at the earliest
A-n_, 1994
Mayor
PAGE 4/13
1 HEREBY CERTIFY THAT ORDINANCE 141.205
c erk tip fir vets ?UnLCS$ED winery unisex
IN ACCORDANCE wn CHE CM•RTCa oM-Q ce:
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Cloth al Catgut
Re Proposed Exotic Animal Ban
Dear Sirs
POLICE CITY OF DALLAS
JAMES M HARPER, CHIEF OF POLICE
P O Box 67 O 187 S E Court St O Dallas, OR 97338 (503) 831 -3516 6 FAX (503) 623 -7352
RECEIVED
MAY 2 8 2002
I am an animal control Officer in Dallas Oregon, also the CEO of Oregon Primate
Rescue I would like to offer some input that may be helpful to you in determining
appropriate revisions of your current ordinances relating to the keeping of exotic
animals within yourlurisdiction
Exotic animals do not belong in the hands of inexperienced or irresponsible owners
They require specialized care that not everyone is capable of providing Non -human
primates in particular are not only expensive to care for but require access to a
knowledgeable veterinarian equipped to handle their unique health care Primates
are our closest non -human relative and share many of the same viruses, illnesses
and disease Because of their genetic similarity to that of our own, the following
should be taken into consideration
Human's can carry contagious diseases, but that doesn't mean we are all
infected The same goes for non -human primates There are species specific
serology tests available to determine whether or not a non -human primate is
infected with, or a carrier of any disease or condition that would pose a public
health concem All non -human primates kept as pets should be required
to have negative test results on file.
Rabies in non -human primates is much like rabies in humans If they are
exposed to rabies they can develop the disease and will die from it They are
not carvers of rabies, like humans are not camers of rabies
Non -human primates are far more likely to contract a health condition from
humans, than to infect a human Limiting human exposure is the best way to
protect the non -human primate's health
All who keep primates should have a signed program of veterinary care from a
veterinarian knowledgeable in primates, and willing to provide any health care and
Page 2 May 24, 2002
testing required for species specific needs This is the key to assunng the health of
not only the non -human primates, but the human primates as well
Caging must be adequate to prevent accidental escape Enclosures should be
of 9 gauge chainlink or stronger, reinforced at all sides, top and bottom with metal
re -bar or tension bar Flooring should be of concrete, or 9 gauge mesh to prevent
escape by digging under an enclosure AN primate enclosures must have an escape
proof entrance and be kept padlocked A perimeter fence must be in place around
any outdoor enclosure that is at least 3 foot away from the exterior of the enclosure,
and at least 6 foot tall This keeps a person(s) at an unreachable distance from the
non -human primate(s)
Non human primates are regulated under USDA APHIS and anyone keeping a non-
human primate must maintain necessary permits, either from the State, or USDA
USDA inspects the facilities where primates are kept by making unannounced bi-
yearly visits, to assure a safe, clean, and humane environment
There are individuals in your communities who have provided responsible care as
outlined above Those who have healthy, disease free primates, and who have
developed close bonds with these creatures much as a human bonds with their
human children Forcing these individuals to give up the non -human pnmate(s) they
have cared for responsibly for many years, would be devastating to the owner as
well as the non -human primate
In Summary
Those currently keeping non human primate(s) under responsible conditions, and
abiding by all ordinances that pertain to them in their area should be allowed to
keep their non human primate(s) Rather than adopting a complete ban, I would
suggest implementing a grandfather clause for those responsible owners, with the
conditions that
1. They maintain an appropriate permit for the species they are keeping.
2. They receive a signed program of veterinary care from a veterinarian willing
to provide health care and testing on a regular basis, to assure the health
of the primate and to keep health records on file for inspection if
necessary.
Page 3 May 24, 2002
3. To provide caging requirements sufficient to prevent accidental escape.
4. To refrain from taking their primates into public places or having physical
contact with the general public.
5. To have no violations on record of prior incidents involving irresponsible
actions which could pose any threat to the community.
6 And to sign an agreement that any violations of conditions would result in
the immediate forfeiture of the animal.
In my experience as an animal control officer I have dealt with irresponsible pet
owners, as well as those with a great deal of responsibility We are in the process of
revising our city codes, as you are, to address dangerous animals The first
inclination was to ban all Pit Bulls, Rottweilers, etc But after a lengthy deliberation it
was discussed that while there are many 'dangerous' dog's involving these 2
particular breeds, that there were many that were well socialized, well trained, non
aggressive, and with owners exhibiting extreme responsibility It was determined that
a more appropriate solution was to establish a protocol to determine on an individual
basis, the danger potential of any particular animal to the community, and address
the situation according to ordinance specifications
A couple of examples that are present in our community at present regarding non-
human primates
A woman purchased a Macaque monkey as a pet She does not have permits
She does not have a veterinarian The monkey has a defective heart, which she
was unaware of, and the monkey went untreated, due to the fact that she did not
have a veterinarian to perform a health exam She does not have proof of proper
testing While still a juvenile, her monkey was allowed to roam freely about the
neighborhood unsupervised, with her dogs that were also running at large She
does not have appropriate caging She frequently took the baby monkey into
local stores to 'show him off, and the monkey was never fitted with a leash,
collar, or any other containment device while in public In addition this woman
was charged with animal abuse 1 for a severe injury she caused while
disciplining the monkey, and is currently waiting for a court hearing
This is a classic example of someone who should not be allowed to keep any
animal, let alone a monkey
A woman obtained permits to keep a Spider monkey, and then secured a
veterinarian willing to provide for the health care of her monkey In addition she
Page 4 May 24, 2002
secured a back up veterinarian for emergencies in the event her veterinarian
was unavailable at any time She spent literally thousands of dollars having
elaborate caging installed on her property All are constructed from 9 gauge
materials or stronger All have secured flooring in place All have escape proof
entrances After she had completed these things, she then purchased her
monkey While this monkey is still young, and very tame, she installed lock out
areas on all of the enclosures in the event that the monkey should ever become
too dangerous to handle as an adult In addition she has funds for, and is
prepared to provide her monkey with a companion for socialization if her monkey
becomes too aggressive to handle Her enclosures are aesthetically designed
with waterfalls, elaborate climbing structures, and specially designed enrichment
toys This woman does not allow public access to her primate, and has
dedicated the remainder of her life caring for him
The second example is classic of the distance many pnvate owners have gone to in
demonstrating responsible care and dedication to their pnmates It is my contention
that it would be unfair to now remove this right from those owners who have shown
such great responsibility, to keep the pnmate(s) they currently own and with whom
they have developed bonds
Please reconsider a grandfather clause for these individuals
The irresponsible owners that would be most likely to have primates in a situation
where the public might be at risk are normally irresponsible in every area of animal
care These are the individuals who would be unlikely to possess proper
permits in the first place, and to keep primates whether or not a ban exists
I hope you would consider these facts in developing your new revised ordinances If
you have any questions or concerns that I may be able to assist you with, please
feel free to contact me
Respectfully,
Polly J Schultz
Animal Control Officer
O'Brien,Charlie
From MCBUSHO @aol com
Sent Sunday, May 26, 2002 7 53 AM
To cdo @ci rosemount rnn us
Subject Fwd (no subject)
In a message dated 5/23/02 11 47 18 AM Central Daylight Time, Zoomonkeyl2 writes
5/28/2002
Page 1 of 1
Thank you for your quick response!
It is my belief that all people do not make good caretakers of exotic
animals but some do!
I like the way the state I live in subjects people to several requirements to be
able to possess non domestics. You must have adequate caging, land,
experience, vet care etc. We are subject to inspections at any time. We pay
fines for violations or escapes.
Please look into how Fla. runs their permit process ....It is a very good one.
I have over400 animals, including reptiles and amphibians. I have never had
anyone get bit or hurt at my facility. But I am extremely cautious at all times.
A proper envouirment is the most important thing. (my opinion)
The only reason I contacted you on Kerrie Bulera's behalf is that I take in
primates that have been moved for various reasons. The owners did not want
them for some reason, personal lives changed etc. It effects them greatly
when they are moved. They bond to their human family as a child would.
Feel free to ask me anything about living with primates....I have since 1969.
Regards,
Christine Camp
Monkey bites volunteer at southern Minnesota animal park
Associated Press
Published Aug 7, 2002
RACINE, Minn A volunteer at the BEARCAT Hollow animal park must receive
a series of rabies shots after being bitten by a monkey.
Jade Landgrebe, 21, told authorities that she was bitten in the finger Sunday
when she entered the monkey's cage
Landgrebe, who has volunteered at the animal park for three years, said she had
given the monkey named JoJo a hug and was putting it back in the cage when it
grabbed her hair, according to Mower County Sheriff Barry Simonson When she
tried to free herself, the monkey bit her on the little finger of her left hand
The one -inch wound required five stitches, and Landgrebe was held for
observation at Saint Marys Hospital in Rochester She was reported in fair
condition Tuesday
According to a sheriffs report, Landgrebe said she was willing to take the rabies
shots instead of killing the monkey so it could be tested
Earlier this summer, security improvements were completed at BEARCAT
Hollow, where a tiger attacked a girl last summer and a young bear escaped in
December The 25 -acre zoo's name is an acronym that stands for Beautiful
Endangered And Rare Conservation And Therapy It has about 300 animals
Animal Protection Institute Jane Goodall, pnmatologist Page 1 of 2
Jane Goodall, primatologist
the Jane Goodall Institute
P 0 Box 14890
Silver Spring, MD 20911 -4890
Telephone 301 565 0086
Facsimile 301 565 3188
www janegoodall org
June 13, 2001
Mayor Bill Bogaard
City of Pasadena
100 N Garfield Avenue
Pasadena, CA 91109
Dear Mayor Bogaard.
I am writing to you to as a supporter of the Animal Display Ordinance banning exotic animals
in circuses, scheduled to be heard by the Pasadena City Council on Monday, June 18, 2001 I
encourage you to pass this compassionate ordinance
There are a number of reasons why it is inappropriate, often very cruel, to use great apes
and other exotic animals, in circuses and other forms of entertainment where they are
required to perform unnatural behaviors day after day, on command Firstly, although it is
possible to train them using only kindness, by rewarding and praising them when they
perform well, this requires the kind of time and patience which is usually lacking in the fast
moving world of "show biz Almost all trainers will admit that they beat their performers
during training In many cases the abuse is horrendous.
An animal trainer at the famous Ringling Brothers circus, had this to say about an act: "I first
witnessed the training of four chimps in our winter quarters in Venice, Florida They were on
a long, multi- seated bicycle on which three of the large chimps rode as passengers while the
largest, Louie, steered and pedaled The vehicle was difficult for even a human to ride under
those conditions, and Louie had a hard time of it, spilling the ensemble repeatedly. And,
repeatedly, he was struck with a sturdy club The thumps could be heard outside the arena
building, and the screams went further than that. My blood boiled, I'm ashamed to say I did
noth1ng
Of course, all trainers are not so brutal. There are probably some individual apes who
actually enjoy performing even in the wild some youngsters enjoy "showing off But this
will be the exception rather than the rule
The second reason why it is inappropriate to use the great apes in circuses is because of the
terribly wrong impression it gives to the audience. Because, typically, young chimpanzees
and orangutans are used (the adults are far too large, powerful and potentially dangerous)
people have the impression that these apes are small, cute, and cuddly. They can have no
concept of the majesty of the full grown animal And it is this unrealistic picture that
perpetuates the continued buying and selling of young chimpanzees as "pets"
http: /www.api4animals org/doc asp 1056 &pnnt =y 5/8/2002
Animal Protection Institute Jane Goodall, pnmatologist Page 2 of 2
This brings me to the third point in my argument. Once chimpanzees have reached puberty,
when they are 6 to 8 years old, they typically become increasingly difficult to handle and
discipline If individuals are kept on either in a circus or in a "pet" owner's home then
the poor creatures will almost certainly have their teeth pulled. And they will be fitted with
shock collars under their clothes But usually the performers, when they are no longer
amenable to discipline, are discarded. And it is becoming harder and harder to place them.
Like human children, ape children learn by watching adults and imitating their behavior.
They learn in a social context And individuals who have had no chance to grow up in a
normal group not only fail to learn the nuances of chimp etiquette, but in addition are likely
to show many abnormal behaviors. Zoos usually refuse to accept ex- circus chimps and ex-
pets. They tend not to fit into established groups And so, unless they can be placed in one of
the few sanctuaries for abused, surplus chimps, they will end up in medical research
laboratories or be quietly euthanized
Fourthly, and finally, chimpanzees are endangered in the wild. And while it is true that circus
chimpanzees resident in North America are individuals who were bred in captivity, this is not
necessarily true in other parts of the world where the Convention on Trade in Endangered
Species (CITES) either has not been ratified or where it is not enforced And so circuses from
Europe may well come into the country with chimpanzee or orangutan performers who were
born in the wild. Thus the use of apes (and other endangered species) in entertainment does
represent a drain on rapidly decreasing wild populations.
These, then, are my arguments against the use of the great apes in entertainment, such as
the circus Many of these arguments also apply to the use of other exotic animals, such as
lions, tigers, bears and especially elephants
Sincerely,
Jane Goodall, PhD, CBE
http /www api4animals org /doc asp 1056 &print =y 5/8/2002
Despite DNR's ban, man will feed deer
Associated Press
JUNGLE, Wis The state
has banned feeding deer but
that won't stop Jeff Wendt, who
says he plans to keep sprinkling
nearly 60 pounds of corn on his
property to attract deer to his
rural home
The Natural Resources Board
ordered the feeding ban as a way
to present the spread of chronic
wasting disease m the state's
deer her d
"Tm very disappointed this
passed," Wendt sand
Wendt said he will continue
to feed deer each night until he
CHRONIC WASTING DISEASE
gets caught.
But his wife, Jacque, said
Thursday that she has a tittle dif-
ferent idea "We ai e a law -abid-
ing people I would make him
stop feeding them if that is the
law," she said
Brad Koele, a state Depart-
ment of Natural Resources deer
ecologist, said the ban should go
into effect within a week
"It will be enforced," he said
'As much as feeders like watch-
ing the deer, it's something we
have to do for the health of the
herd
The DNR will investigate
every by about people who are
illegally feeding deer, but with
only 153 wardens statewide, it
will be tough to enforce the ban,
BAC NGHI TO TRONG ASSOCIATED PRESS
Jeff Wedt disperses corn on his Ringle, Wis, property Tues-
day Wendt plans to keep sprinkling nearly 60 pounds of corn
each day on his property so he can watch the 25 deer that eat it
said Tom Harelson, the agency's
chief warden.
The DNR u counting on peo-
ple recognizing that feeding cre-
ates unnatural concentrations of
deer that can make it easier for
the fatal brain disease to spread,
he said
Wardens will do routine
checks, possibly from the au; to
enforce the ban, Harelson said.
Violators could be fined $200 or
mine, Harelson said.
The Natural Resources Board
decided Tuesday that once the
ban is enacted, it will be in place
at least 150 days It could be
extended until Sept 1, 2003