HomeMy WebLinkAboutChapter 3: Animals City of Edina Animals 300.01
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
300.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Animal. Without limitation, livestock, rodents, dogs, cats, birds, reptiles and other
animals.
Accessory Building. A subordinate building or portion of a main building which is
located on the same lot as the main building and the use of which is clearly
incidental to the use of the main building.
Animal Enclosure. Any building or portion thereof, structure or area of any kind,
including, without limitation, pens, fenced areas and dog houses, that is principally
used or designed for use as a place for keeping of animals.
Commercial Kennel. A place where more than two dogs or other animals over six
months of age are kept, and where the business of selling, boarding, breeding,
showing, treating or grooming dogs or other animals is conducted.
Domesticated Animal. An animal domesticated by humans so as to live and breed
in a tame condition.
Impound. Seize and hold in legal custody.
Livestock. Farm animals kept for use, pleasure or profit, including, without
limitation, horses, mules, sheep, goats, cattle, swine and fowl.
Own. To own, harbor, keep or have custody of an animal or be the parent or
guardian of a person under 18 years of age who owns, harbors, keeps or has
custody of an animal.
Owner. Any person who shall own, harbor, keep or have custody of an animal or
the parent or guardian of a person under 18 years of age who shall own, harbor,
keep or have custody of an animal.
Picket. To restrain an animal by means of a chain, leash or other attachment to a
fixed object, thereby confining the animal to a determined area.
Rear Yard. A portion of an improved lot between the principal building located on
300 - 1
City of Edina Animals 300.02
such lot and the rear lines of the lot,which space is unoccupied except for accessory
buildings and the lateral boundaries of which space are coterminous with the lateral
boundaries of such lot.
300.02 Impounding. The Animal Control Officer, police officers, community service
officers or other person or persons designated by the Council may impound any animal
found, or, by complaint of the City, believed to be, in violation of this Section.
Subd. 1 Notice. If the identity of the owner of an impounded animal is known,
the impounder of such animal shall notify such owner as soon after such
impounding as is reasonably possible. If the identity of the owner of an impounded
animal is not known, the impounder of such animal, within 24 hours of such
impounding, shall file an impounding notice describing the animal and stating the
date and place where it was seized. Such notice shall be filed at the animal pound
and the City Police Department.
Subd. 2 Redemption. Any animal impounded for a reason other than rabies
observation or for biting a person in violation of Subsection 300.14 may be
redeemed from the animal pound by its owner within ten days of impounding by
paying to the City the redemption fees in the amounts set forth in Section 185 and
a license fee if the animal is required to be licensed and is unlicensed. The Police
Department shall release any redeemed animal to its owner.
Subd. 3 Animal Disposal. The Animal Control Officer may dispose of any animal
either alive or deceased upon (i) the request of its owner, (ii) the payment to the
City of a fee in the amount set forth in Section 185 of this Code and (iii) the receipt
by the City of a liability release signed by such animal's owner.
Subd. 4 Disposition of Unredeemed Animals.
A. Any animal not redeemed within ten days after impounding may be sold
at a reasonable price which shall be not less than the amount of fees which
the owner would have to pay to redeem the animal. During the three-day
period preceding such a sale of an animal, other than a dog or a cat, a notice
of the time and place of such sale shall be posted by the Animal Control
Officer in at least three conspicuous places within the City and at the animal
pound. If the animal is not sold on the date set forth on such notice, the
City may sell the animal as soon thereafter as possible without further notice.
The proceeds of the sale shall be applied first to the payment of the expenses
of impounding and selling the animal and the balance shall be placed in the
general fund.
B. Any animal not redeemed within ten days after impounding and not sold
as provided in paragraph A. of this Subd.4 shall either be painlessly disposed
of or surrendered for research purposes to any educational or scientific
300 - 2
City of Edina Animals 300.03
institution licensed pursuant to State Law.
Subd. 5 Objection by Owner; Court Order. Any owner may object to the
impounding or disposition of the animal by signing and filing an objection with the
City within five days after the action objected to was taken. Within 20 days after
impounding of an animal, if the animal is not redeemed or if the City is unable to
reach agreement with the owner regarding the keeping of the animal in a manner
consistent with the provisions of this Section, the City may bring an action in the
appropriate court by serving on the owner a complaint setting forth the violation
of this Section which caused the City to take action. The court may then order (i)
the return of the animal to its owner with or without payment of redemption fees
by the owner; or (ii) the disposal, destruction or sale of the animal; or, (iii) if the
animal has been improperly disposed or sold, the payment to the owner of the
reasonable value of the animal; or (iv) imposition on the owner of the same penalty
as that for commission of a misdemeanor; or (v) any two or more of the foregoing
or any other remedy the court determines just and proper. When an objection has
been filed with the City, the City shall not dispose of or sell the animal referred to
in the objection if it is still in the pound, but shall within ten days after filing of
such objection, either return the animal to the owner, without liability on the
owner's part for any fees, or keep it pending agreement with the owner or order of
the court as provided above. If the animal has been disposed of or sold without a
court order, the City after such filing shall either pay to the owner the reasonable
value of the animal or begin the action described in this Subdivision.
300.03 Licensing Requirements.
Subd. 1 Dog License Required. Any owner of a dog over six months of age shall
secure a license for such dog from the City.
Subd. 2 Proof of Vaccination. Proof of rabies vaccination must be presented at
the time of initial licensing and each subsequent license renewal.
Subd. 3 License Fee. Each owner of a dog shall pay the amount set forth in
Section 185 of this Code as required for the initial licensing fee, the renewal fee, the
neutered dog fee, or the duplicate fee. The renewal fee shall be due on or before
the first day of January of each year.
Subd. 4 Receipts and Tags. Upon payment of the license fee required by Section
185 of this Code, the City shall deliver an original receipt to the owner and retain
a duplicate of such receipt. At the time of initial licensing, the City shall also deliver
a metallic tag to the owner of the dog.
A. The owner shall cause the tag to be fastened to the collar of the dog with
a permanent metal fastening in a manner so that the tag may be easily seen
300 - 3
City of Edina Animals 300.06
by the officers of the City.
B. If a tag is lost, a duplicate tag may be issued by the City upon
presentation of a receipt showing the payment of the license fee for the
current year. The City shall charge a fee for each duplicate tag in the
amount set forth in Section 185 of this Code.
C. It shall be unlawful to counterfeit or attempt to counterfeit the tag or to
take from any dog such a tag legally placed upon it by its owner with the
intent to place it upon another dog, or to place such tag upon another dog.
D. The tag shall not be transferable and no refunds shall be made on any
dog license fee because of leaving the City or death of dog before the
expiration of the license period.
300.04 Commercial Kennel. No person shall maintain a commercial kennel without first
having obtained a license pursuant to the provisions of this Section.
Subd. 1 Kennel License Application. The application for a commercial kennel
license or renewal thereof shall contain or have attached thereto, in addition to the
information required by Section 160 of this Code, a detailed plan and description
of the premises and structures wherein the kennel is to be operated, unless the
application is for renewal of a previous license and no change in the premises or
structure has been made or is contemplated to be made.
Subd. 2 Kennel License Fee. The fee for a commercial kennel license shall be in
the amount set forth in Section 185 of this Code.
Subd. 3 Condition of Kennel. A commercial kennel shall be kept in a clean,
sanitary and well-ventilated condition at all times, and shall be open to inspection
by the Sanitarian, the Animal Control Officer or police officer of the City at all
reasonable times.
Subd. 4 Outside Runs Prohibited. No commercial kennel shall provide outside
runs or penned areas designed for the confinement of animals outside of the
principal building.
300.05 Rabies Vaccination. All dogs and cats over six months of age must have current
rabies vaccination. Dogs must wear their current vaccination tags at all times.
300.06 Impounding, Quarantine or Destruction of Animals.
Subd. 1 Bites. Any animal which has bitten or is reported to have bitten a person
shall be quarantined under the care of a licensed veterinarian for ten days, or if
proof of current rabies vaccination is presented, the animal may be quarantined at
300 - 4
City of Edina Animals 300.08
the owner's residence for ten days. When quarantined at the owner's residence, the
animal must be kept separate from other animals and be kept within a building or
fenced area at all times unless on a leash held by an adult.
Subd. 2 Quarantine. Any quarantined animal shall be inspected by a licensed
veterinarian at the end of the ten day quarantine period. If such animal becomes
ill or dies during the quarantine period, the Animal Control Officer shall be notified
immediately and the animal, if alive, shall be quarantined under the care of a
licensed veterinarian, and if deceased, shall be delivered to the Animal Control
Officer for rabies examination.
Subd. 3 Inspection of Quarantined Animal. The owner of any quarantined animal
shall deliver to the City the "Notice of Quarantine" served on the owner by the City
at the time such quarantine is established, duly completed and signed by a licensed
veterinarian acting as the inspecting veterinarian. Such notice shall be delivered to
the Animal Control Officer not earlier than ten days, or later than 14 days, from the
date of the establishment of the quarantine. If the inspecting veterinarian finds the
animal to be rabid, it shall be destroyed. If the inspecting veterinarian finds the
animal to be not rabid, the animal shall be returned to its owner provided that the
owner shall first pay the costs referred to in Subsection 300.06, Subd. 4.
Subd. 4 Impounding or Boarding Fee. The owner of any animal that has been
quarantined shall pay any impounding or boarding fees and any costs incurred for
veterinarian services.
Subd. 5 Destruction of Animal. Any animal which has bitten or is reported to
have bitten a person may be destroyed immediately if the animal cannot be
impounded after reasonable effort, or cannot be impounded without serious risk to
persons attempting to impound it.
300.07 Muzzling Proclamation. Upon written advice that a dog found in the City is
infected with rabies or hydrophobia and that the safety and general welfare of the public
is at risk, the Manager may order, by proclamation, (i) that all dogs be muzzled when off
the premises of the owner, and (ii) that all unmuzzled dogs found off the premises of the
owner be immediately impounded. Forty-eight hours after the proclamation has been
published, either by posting or printing in the official newspaper, the Manager may further
order that all unmuzzled dogs found off the premises of the owner shall be impounded and
destroyed, except that an officer may immediately destroy such an unmuzzled dog if it
cannot be impounded with reasonable effort. Any dog impounded during the first 48 hours
after the publishing of any such proclamation, if claimed within ten days and if not infected
with hydrophobia or rabies, shall be returned to its owner after payment of all fees
described in Subsection 300.02, but after said ten days, such dog may be destroyed.
300.08 Sale or Gift of Animals for Advertising or Promotional Purposes. No person shall
sell, offer for sale or give away for advertising or promotional purposes any animal less
300 - 5
City of Edina Animals 300.14
than 30 days old as a pet or novelty.
300.09 Keeping of Certain Animals Regulated. No person shall keep any rabbits, mice,
hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for
residential purposes except in a metal cage so constructed that it may be completely and
easily cleaned and that the animal or animals kept therein are completely enclosed and
protected from children and animals on the outside. Such animals at all times shall be kept
within the dwelling or an accessory building.
300.10 Animal Enclosure. An animal enclosure, whether now existing or hereafter
constructed, shall not exceed 300 square feet in area and shall be placed only in the rear
yard and no closer than 20 feet to any property line.
300.11 Keeping of Certain Animals Prohibited. No person shall keep within the City:
A. Any livestock.
B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For
the purposes of this paragraph, the bloodline of an individual animal must comprise
not less than 51 percent domestic breeds.
C. Honeybees and apiaries.
D. Venomous snakes.
300.12 Animals Running at Large. No owner shall allow any animal to run at large on
any property without the consent of the owner or possessor of the property.
300.13 Confinement of Certain Animals.
Subd. 1 Animal in Heat. Any animal in heat shall be kept confined in a manner
which will prevent its escape and access thereto by other animals.
Subd. 2 Fierce AnimaL Any domesticated animal of a fierce, dangerous or vicious
nature or disposition shall be confined (i) in a manner which will prevent its escape
and its causing harm to persons; and (ii) in a place from which it cannot be released
except by its owner and except when muzzled and under the control of a competent
person.
300.14 Animals Declared a Public Nuisance.
Subd. 1 Animals Which Chase Vehicles. Any animal which habitually chases
motor vehicles on public streets, or threatens,worries, chases or attacks pedestrians,
bicyclists or other persons on public property, public areas or private property other
than property owned or possessed by the owner of the animal shall be deemed a
300 - 6
City of Edina Animals 300.16
public nuisance.
Subd. 2 Attacking Animals. Any domesticated animal which attacks, wounds,
worries, injures or kills any domestic animal or wildlife shall be deemed a public
nuisance.
Subd. 3 Animals Which Bite. Any animal which has bitten a person, other than
its owner or a member of its owner's immediate family shall be deemed a public
nuisance. Such animal shall be quarantined pursuant to Subsection 300.06 and
shall also be subject to the procedures and penalties set out in Subsection 300.20.
Subd. 4 Animals Which Damage Property. Any animal which damages plantings
or structures or micturates or defecates on public property or on private property
without the consent of the owner or possessor of the property shall be deemed a
public nuisance.
Subd. 5 Animals Running at Large. Any animal described in this Subsection
found running at large shall be impounded by the Animal Control Officer or police
officers in the manner described in this Section; provided that such animal may be
immediately destroyed by the Animal Control Officer or by a police officer if it
cannot be impounded after reasonable effort, or cannot be impounded without
serious risk to persons attempting to impound it.
300.15 Limit of Age and Number of Animals. No more than two animals over six months
of age shall be kept or harbored at any place in the City except in a pet shop or animal
hospital unless permission has been granted by the Sanitarian and unless such place is open
to inspection by the Sanitarian at all reasonable times.
300.16 Noise.
Subd. 1 Disturbing Peace and Quiet. No person owning,operating,having charge
of, or occupying, any building or premises shall keep or allow to be kept any animal
which shall, by any noise, unreasonably disturb the peace and quiet of any person
in the vicinity. The phrase"unreasonably disturb the peace and quiet"shall include,
but is not limited to, the creation of any noise by any animal which can be heard
by any person, including the Animal Control Officer or a law enforcement officer,
from a location outside of the building or premises where the animal is being kept
and which animal noise occurs repeatedly over at least a five minute period of time
with one minute or less lapse of time between each animal noise during the five
minute period.
Subd. 2 Complaint. Any person may call or deliver a complaint to the Animal
Control Officer stating facts and circumstances of an alleged violation of this
Subsection. The Animal Control Officer shall investigate such complaint. If a
violation occurs in the presence of the Animal Control Officer a summons may be
300 - 7
City of Edina Animaals 300.17
issued. If probable cause of a violation exists, which violation did not occur in the
presence of the Animal Control Officer, all reports,witness statements and evidence
may be submitted to the City Prosecuting Attorney for a formal complaint.
300.17 Special Requirements for Dogs.
Subd. 1 Off Premises of Owner. No dog shall be permitted to be off the premises
of its owner at any time unless it is restrained with a leash measuring ten feet or
less in length.
Subd. 2 Dogs Which Damage Property. No owner of a dog shall permit the dog
to damage any lawn, garden or other private or public property, or to micturate or
defecate on public property or private property, without the consent of the owner
or possessor of the property. It shall be the duty of each owner of a dog to remove
any feces left by such dog and to dispose of such feces in a sanitary manner. It shall
also be the duty of each owner of a dog when such dog is off the owner's premises
to have in possession a device or equipment for the picking up and removal of dog
feces; at a minimum this equipment must include at least two bags. The provisions
of this Subsection shall not apply to a guide dog accompanying a blind person or
to a dog when used in police or rescue activities by or with the permission of the
City. This Subsection shall not be construed, by implication or otherwise, to allow
dogs to be where they are otherwise prohibited by this Code.
Subd. 3 Picketing. No dog shall be picketed in such a manner as to create a
nuisance by reason of odor or unreasonably disturbing the peace and quiet as
defined in Subsection 300.16 or which allows it to occupy any area within 20 feet
of a property line.
Subd. 4 Clean Yard and Enclosure. A dog owner shall regularly clean any yard
occupied by the dog, or dog enclosure occupied by the dog, whether now existing
or hereafter constructed, and any area in which the dog has been picketed, and shall
not permit feces or food scraps to remain for more than 24 hours.
Subd. 5 Dangerous Dogs.
A. The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are
hereby incorporated by reference and adopted as part of this Section. The
persons authorized to enforce this Section shall also enforce the provisions
of M.S. 347 and M.S. 343.20 through 343.40. A violation of the provisions
of M.S. 347 and M.S. 343.20 through 343.40 shall also be a violation of this
Section. Incorporation of said Statutes shall not be a release by the City of
any powers or authority which it has without such incorporation.
B. No dog shall be declared a dangerous dog or a potentially dangerous dog
under M.S. 347 except by the Council after a public hearing. Mailed notice
300 - 8
City of Edina Animals 300.20
of such hearing shall be given at least ten days prior to the date of the
hearing to the owner of the dog and to the owners of all property within 250
feet of the property where such dog is usually kept. The Council shall make
its decision at such hearing or at any continuation thereof.
300.18 Breaking Pound or City Vehicle. No person except an officer duly authorized by
law shall break open or aid or assist in, counsel or advise, the breaking open of a pound
or City vehicle used in the enforcement of this Section, or take or let out or attempt to take
or let out, any animal placed therein.
300.19 Interference with Officer. No person shall (i) take or attempt to take from any
officer referred to in Subsection 300.02, any animal seized by the officer in compliance
with this Section; or (ii) interfere in any manner with such officer in the discharge of the
duties under this Section.
300.20 Penalties.
Subd. 1 Petty Misdemeanor and Misdemeanor. Any person maintaining a
nuisance as defined in this Section, or otherwise violating this Section, upon the
first conviction thereof shall be guilty of a petty misdemeanor, and upon second
conviction shall be guilty of a misdemeanor. However, the first and each
subsequent conviction of violation of the provisions of Subsection 300.06, Subd. 1,
2 or 3 shall be a misdemeanor.
Subd. 2 Impoundment. Any animal found to be a nuisance, as defined in this
Section, or found to be violating any provisions of this Section, may be impounded
pursuant to this Section.
Subd. 3 Other Remedies. The provisions of Subsection 100.09 shall also apply
to violations of this Section.
History. Ord 312 adopted 12-2-81; amended by Ord 312 AI 8-29-84, 312-A2 8-15-90
Reference. M.S. 343.20 through 343.40, 347
Cross Reference. Sections 160, 185
300 - 9