Chapter 94: Animals

Please note: the presented text comprises select passages extracted from the comprehensive Code of Ordinances.
It is imperative to recognize that the entire and authoritative Code of Ordinances document, inclusive of all amendments, is accessible on the website and represents the definitive and approved iteration.

Section


General Provisions
94.01 Definitions
94.02 Non-domestic animals
94.03 Farm animals
94.04 Violation


Licensing Provisions
94.15 License required
94.16 Application
94.17 Fee
94.18 Term
94.19 Dogs and cats not requiring licenses
94.20 Revocation of license or permit


General Conditions
94.30 Tag and collar
94.31 Restraint of dogs
94.32 Confinement of certain animals
94.33 Animals as nuisance
94.34 Impoundment
94.35 Rabies; violation
94.36 Number of animals restricted

GENERAL PROVISIONS


‘ 94.01 DEFINITIONS.


For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AT LARGE. A dog shall be termed at large when it is not under restraint, as defined herein.
FARM ANIMALS. Those animals commonly associated with a farm or performing work in an
agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian
family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese),
swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm,
ranch, or stable.
HARBORER. Any person who has custody of any dog or cat or permits a dog or cat to be kept or to
stay on or about the harborer’s premises.
LICENSED VETERINARIAN. A person or persons licensed by the state and/or owning or
conducting a veterinarian practice within the city limits.
NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally wild and not
naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the
health, safety, and welfare of people. Unless otherwise defined, non-domestic animals shall include:
(1) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats,
leopards and jaguars, but excluding commonly accepted domesticated house cats.
(2) Any naturally wild member of the canine family (family canidae) including wolves, foxes,
coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
(3) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is
commonly accepted as a domesticated house pet.
(4) Any member or relative of the rodent family including any skunk (whether or not descented),
raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as
domesticated pets.
(5) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or
amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
(6) Any other animal which is not explicitly listed above but which can be reasonably defined by
the terms of this section, including but not limited to bears, deer, monkeys and game fish.
OWNER. Any person, group of persons or legal entity owning, keeping or harboring a dog or dogs,
cat or cats.
POLICE. The police officers of the city, or any person, firm or agency hired or engaged by the city to
assist the police in the performance of their duties.
RESTRAINT. A dog is under restraint if it is controlled by a leash not exceeding eight feet in length;
or if it is under the voice of signal command of a competent person, providing that the dog will immediately respond to and obey the voice or signal commands of the person or if it is within the
boundaries of the owner’s or harborer’s premises.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)

‘ 94.02 NON-DOMESTIC ANIMALS.


It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic animal
within the city. Any owner of a non-domestic animal at the time of adoption of this code shall have 30
days in which to remove the animal from the city after which time the city may impound the animal as
provided for in this section. An exception shall be made to this prohibition for animals specifically trained
for and actually providing assistance to the handicapped or disabled, and for those animals brought into the
city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or
exhibition.
Penalty, see ‘ 10.99


‘ 94.03 FARM ANIMALS.


Farm animals shall only be kept in an agricultural district of the city, or on a residential lot of at least
ten acres in size provided that no animal shelter shall be within 300 feet of an adjoining piece of property.
An exception shall be made to this section for those animals brought into the city as part of an operating
zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.


‘ 94.04 VIOLATION.


(A) Violations of this chapter within any 12-month period shall be punishable by a fine and/or jail
time.
(B) If the violation is for an animal at large contrary to ‘ 94.31, the animal, which is deemed to be
personal property, shall be forfeited to the city and it may be destroyed or euthanized with the cost to be
assessed to the owner.
(C) ‘ 94.15 shall not apply to any veterinary medicine practice within the city when the practice is
owned and operated by a licensed veterinarian(s)
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)

LICENSING PROVISIONS


‘ 94.15 LICENSE REQUIRED.


No person shall own, keep or harbor a dog or cat unless the dog or cat is licensed, as provided herein.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99) Penalty, see ‘ 10.99


‘ 94.16 APPLICATION.


Written application shall be made, in writing, at the office of the Clerk-Administrator-Treasurer. The
application shall state the name and address of the owner of the dog or cat, the name, breed, age, sex, and
color of the dog or cat, and be accompanied by a certificate of vaccination from a qualified source
certifying that the dog or cat has been vaccinated against rabies, or has received a booster shot therefore,
within the 24-month period immediately preceding the application.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)


‘ 94.17 FEE.


The annual license fee shall be established by the City Council in January of each year for the
following year for each dog or cat. The license fee shall be paid at the time of making the application. The
initial fee shall be $5 for each dog or cat.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)


‘ 94.18 TERM.


(A) All dog or cat licenses shall be issued for one year beginning with January 1 of each year.
(B) Application for license may be made 30 days prior to January 1 each year.
(C) A permit must be obtained within 30 days for any dog or cat brought into and kept in the city after
June 1 of each year.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)


‘ 94.19 DOGS AND CATS NOT REQUIRING LICENSES.


No license shall be required of dogs and cats less than six months of age.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)

‘ 94.20 REVOCATION OF LICENSE OR PERMIT.


The failure of any owner to comply with the requirements of this chapter shall constitute grounds for
the immediate revocation of any license or permit issued under this chapter.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)

GENERAL CONDITIONS


‘ 94.30 TAG AND COLLAR.


All dogs and cats shall be harnessed or collared. The Clerk-Administrator-Treasurer shall upon
issuance of a license provide the applicant with a metallic tag which shall be dated and numbered and
which shall be securely fastened to the animal=s collar or harness at all times. Every application for a
license shall be accompanied by a certificate from a qualified veterinarian showing that the dog had been
vaccinated for rabies within two years prior to the expiration of the license applied for.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99) Penalty, see ‘ 10.99


‘ 94.31 RESTRAINT OF DOGS.


It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at
large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a
misdemeanor. All dogs shall be under restraint at all times.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99) Penalty, see ‘ 10.99


‘ 94.32 CONFINEMENT OF CERTAIN ANIMALS.


(A) Dangerous animals.
(1) Attack by an animal. It shall be unlawful for any person’s animal to inflict or attempt to
inflict bodily injury to any person or other animal whether or not the owner is present. This section shall
not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon
an uninvited intruder who has entered the owner=s home with criminal intent.
(2) Destruction of dangerous animal. The Animal Control Officer shall have the authority to
order the destruction of dangerous animals in accordance with the terms established by this chapter.
(3) Definitions. For the purpose of this division, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.

(a) DANGEROUS ANIMAL. An animal which has:

  1. Caused bodily injury or disfigurement to any person on public or private property;
  2. Engaged in any attack on any person under circumstances which would indicate
    danger to personal safety;
  3. Exhibited unusually aggressive behavior, such as an attack on another animal;
  4. Bitten one or more persons on two or more occasions; or
  5. Been found to be potentially dangerous and/or the owner has personal knowledge of
    the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals.
    (b) POTENTIALLY DANGEROUS ANIMAL. An animal which has:
  6. Bitten a human or a domestic animal on public or private property;
  7. When unprovoked, chased or approached a person upon the streets, sidewalks, or
    any public property in an apparent attitude of attack; or
  8. Has engaged in unprovoked attacks causing injury or otherwise threatening the
    safety of humans or domestic animals.
    (c) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or
    structure suitable to prevent the animal from escaping and to provide protection for the animal from the
    elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other
    structure that would allow the animal to exit of its own volition, or any house or structure in which
    windows are open or in which door or window screens are the only barriers which prevent the animal from
    exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A
    pen or kennel shall meet the following minimum specifications:
  9. Have a minimum overall floor size of 32 square feet.
  10. Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge
    or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 13-inch or larger
    steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall
    be buried a minimum of 18 inches in the ground.
  11. A cover over the entire pen or kennel shall be provided. The cover shall be
    constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire
    greater than two inches.
  12. An entrance/exit gate shall be provided and be constructed of the same material as
    the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be
    equipped with a device capable of being locked and shall be locked at all times when the animal is in the
    pen or kennel.
    (d) UNPROVOKED. The condition in which the animal is not purposely excited, stimulated,
    agitated or disturbed.
    (4) Designation as potentially dangerous animal. The Animal Control Officer shall designate any
    animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal
    has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as
    stated in subsection (3)(b). When an animal is declared potentially dangerous, the Animal Control Officer
    shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is
    potentially dangerous.
    (5) Evidence justifying designation. The Animal Control Officer shall have the authority to
    designate any animal as a dangerous animal upon receiving evidence of the following:
    (a) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a
    person or domestic animal as stated in subsection (3)(a).
    (b) That the animal has been declared potentially dangerous and the animal has then bitten,
    attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1).
    (6) Authority to order destruction. The Animal Control Officer, upon finding that an animal is
    dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be
    destroyed based on a written order containing one or more of the following findings of fact:
    (a) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an
    attack without warning or multiple attacks; or
    (b) The owner of the animal has demonstrated an inability or unwillingness to control the
    animal in order to prevent injury to persons or other animals.
    (7) Procedure. The Animal Control Officer, after having determined that an animal is dangerous,
    may proceed in the following manner: The Animal Control Officer shall cause one owner of the animal to
    be notified in writing or in person that the animal is dangerous and may order the animal seized or make
    orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall
    be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this
    determination.
    (a) If no appeal is filed, the Animal Control Officer shall obtain an order or warrant
    authorizing the seizure and the destruction of the animal from a court of competent jurisdiction, unless the
    animal is already in custody or the owner consents to the seizure and destruction of the animal.
  13. (b) If an owner requests a hearing for determination as to the dangerous nature of the animal,
  14. the hearing shall be held before the City Council, which shall set a date for hearing not more than three
  15. weeks after demand for the hearing. The records of the Animal Control or City Clerk-AdministratorTreasurer=s office shall be admissible for consideration by the Animal Control Officer without further
  16. foundation. After considering all evidence pertaining to the temperament of the animal, the City Council
  17. shall make an order as it deems proper. The City Council may order that the Animal Control Officer take
  18. the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered
  19. into custody for destruction, the owner shall immediately make the animal available to the Animal Control
  20. Officer. If the owner does not immediately make the animal available, the Animal Control Officer shall
  21. obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of
  22. competent jurisdiction.
  23. (c) No person shall harbor an animal after it has been found by to be dangerous and ordered
  24. into custody for destruction.
  25. (8) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by
  26. an animal upon a person or another animal, the officer may take whatever means the officer deems
  27. appropriate to bring the attack to an end and prevent further injury to the victim.
  28. (9) Notification of new address. The owner of an animal which has been identified as dangerous
  29. or potentially dangerous shall notify the Animal Control Officer in writing if the animal is to be relocated
  30. from its current address or given or sold to another person. The notification shall be given in writing at
  31. least 14 days prior to the relocation or transfer of ownership. The notification shall include the current
  32. owner’s name and address, the relocation address, and the name of the new owner, if any.
  33. (B) Dangerous animal requirements.
  34. (1) Requirements. If the City Council does not order the destruction of an animal that has been
  35. declared dangerous, the City Council may, as an alternative, order any or all of the following:
  36. (a) That the owner provide and maintain a proper enclosure for the dangerous animal as
  37. specified in division (B)(3)(c);
  38. (b) Post the front and the rear of the premises with clearly visible warning signs, including a
  39. warning symbol to inform children, that there is a dangerous animal on the property as specified in M.S.
  40. ‘ 347.51, as may be amended from time to time;
  41. (c) Provide and show proof annually of public liability insurance in the minimum amount of
  42. $300,000;
  43. (d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and
  44. restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint
  45. of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;
  46. (e) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the
  47. dog as dangerous affixed to its collar at all times as specified in M.S. ‘ 347.51, as it may be amended from
  48. time to time, and shall have a microchip implant as provided by M.S. ‘ 347.151, as it may be amended from
  49. time to time;
  50. (f) All animals deemed dangerous by the Animal Control Officer shall be registered with the
  51. county in which this city is located within 14 days after the date the animal was so deemed and provide
  52. satisfactory proof thereof to the Animal Control Officer.
  53. (g) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If
  54. the animal is a cat or ferret, it must be up to date with rabies vaccination.
  55. (2) Seizure. As authorized by M.S. ‘ 347.54, as it may be amended from time to time, the Animal
  56. Control Officer shall immediately seize any dangerous animal if the owner does not meet each of the above
  57. requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure
  58. may be appealed to district court by serving a summons and petition upon the city and filing it with the
  59. district court.
  60. (3) Reclaiming animals. A dangerous animal seized under division (B)(2), may be reclaimed by
  61. the owner of the animal upon payment of impounding and boarding fees and presenting proof to animal
  62. control that each of the requirements under division (B)(2), is fulfilled. An animal not reclaimed under this
  63. section within 14 days may be disposed of as provided under division (F)(6), and the owner is liable to the
  64. city for costs incurred in confining and impounding the animal.
  65. (4) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under
  66. division (A) with the same animal, the animal must be seized by animal control. The owner may request a
  67. hearing as defined in division (A)(6). If the owner is found to have violated the provisions for which the
  68. animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane
  69. manner and the owner shall pay the costs of confining the animal. If the person is found not to have
  70. violated the provisions for which the animal was seized, the owner may reclaim the animal under the
  71. provisions of division (B)(3). If the animal is not yet reclaimed by the owner within 14 days after the date
  72. the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under
  73. division (A)(6) and the owner is liable to the animal control for the costs incurred in confining, impounding
  74. and disposing of the animal.
  75. Penalty, see ‘ 10.99

‘ 94.33 ANIMALS AS NUISANCE.


(A) Habitual barking. It shall be unlawful for any person to keep or harbor a dog which habitually
barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner’s or
caretaker’s premises.
(B) Damage to property. It shall be unlawful for any person’s dog or other animal to damage any
lawn, garden, or other property, whether or not the owner has knowledge of the damage.
(C) Cleaning up litter. The owner of any animal or person having the custody or control of any
animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary
manner whether on their own property, on the property of others or on public property.
(D) Warrant required. The Animal Control Officer or police officer shall not enter the property of the
owner of an animal described in this section unless the officer has first obtained the permission of the
owner to do so or has obtained a warrant issued by a court of competent jurisdiction, as provided for in ‘
10.20, to search for and seize the animal.
(E) Other. Any animals kept contrary to this section are subject to impoundment.
Penalty, see ‘ 10.99

‘ 94.34 IMPOUNDMENT.


Any police officer or Animal Control Officer may enter upon private property and seize any animal
with the permission of the owner of the property, if that person is also the owner of the animal, provided
that the following exist:
(A) There is an identified complainant other than the police officer or Animal Control Officer making
a contemporaneous complaint about the animal;
(B) The officer reasonably believes that the animal meets either the barking dog criteria set out in
‘ 94.33(A); the criteria for cruelty set out in ‘ 91.13; or the criteria for an at large animal set out in ‘ 91.01;
(C) The officer can demonstrate that there has been at least one previous complaint of a barking dog;
inhumane treatment of the animal; or that the animal was at large at this address on a prior date;
(D) The officer has made a reasonable attempt to contact the owner of the animal and the property to
be entered and those attempts have either failed or have been ignored;
(E) The Animal Control Officer or police officer shall not enter the property of the owner of an animal
described in this section unless the officer has first obtained the permission of the owner to do so or has
obtained a warrant issued by a court of competent jurisdiction, as provided for in ‘ 10.20, to search for and
seize the animal. If the officer has the permission of the owner, a property manager, landlord, innkeeper, or
other authorized person to enter the property or has obtained a pass key from a property manager, landlord,
innkeeper, or other authorized person to have that key shall not be considered unauthorized entry, and a warrant to search for and seize the animal need not be obtained; and
(F) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of
the animal is not possible.
(G) All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and
water for their comfort, at least five regular business days, unless the animal is a dangerous animal as
defined under ‘ 94.32(A) in which case it shall be kept for seven regular business days or the times
specified in ‘ 94.32(A), and except if the animal is a cruelly-treated animal in which case it shall be kept for
ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section.
In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be
required, unless otherwise provided for in this code or established from time to time by resolution of the
City Council:
(1) Payment of the release fee and receipt of a release permit as established by ordinance .
(2) Payment of maintenance costs, as provided by the pound, per day or any part of day while
animal is in the pound; and
(3) If a dog is unlicensed, payment of a regular license fee as established by ordinance, and valid
certificate of vaccination for rabies and distemper shots is required.

‘ 94.35 RABIES; VIOLATION.


(A) It shall be unlawful for any person to own, possess or harbor a dog within the city, if the dog has
not had a vaccination for rabies within the time required under standard veterinary practices.
(B) Any female dog in heat shall be kept confined indoors, or impounded for the duration of her
season (Oestrus cycle) in a commercial dog kennel, the cost of which shall be borne by the owner.
(C) (1) Whenever any dog has bitten a person, the owner or custodian of the dog or animal, having
been so notified, either orally or in writing, shall immediately quarantine the dog or animal at the owner’s
home or other suitable place of confinement, as directed by the responsible officer of the city for a period
of 14 days after the occurrence. During the quarantine period the animal shall be securely confined in a
building or in a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave
the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the
animal from biting or otherwise coming in contact with person or other animals.
(2) Upon a reasonable suspicion that the dog may be rabid, the dog shall be subjected to the
necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. The confinement, testing, treatment, in addition to all other expenses incurred as the result of a dog
biting a person shall be the expense of the owner of the animal.
(Ord. 183, passed – -; Am. Ord. 185, passed 3-1-99)


‘ 94.36 NUMBER OF ANIMALS RESTRICTED.


(A) No person(s) shall own, keep, or harbor on a single premises, whether owned by the same person
or not and for whatever purpose, more than six dogs or cats or a combination of dogs and cats, except that a
fresh litter of dogs or cats may be kept for a period not to exceed six months.
(B) Exemptions. The restrictions contained in this section shall not apply to animals at veterinary
medical clinics (either for treatment or boarding) or animals housed at the Grant County Humane Center,
any properly licensed animal shelter, or any licensed kennel.
(C) Grandfathering provisions. Any single premises which currently keeps or harbors and licenses
six or more dogs or cats or a combination of dogs and cats may continue to keep such animals on a single
premises until the animal=s demise, provided that licenses are kept current. Owners, occupants and/or
residents of a single premises shall not be allowed to replace any deceased dog or cat until they are in
compliance with this section.
(Ord. passed 4-2-12)

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