Section 8.30
Subd. 1. PURPOSE. The City Council finds that the keeping of animals within the City has the potential to cause health and safety problems and negatively impact the quality of life if not appropriately regulated. Such animals can be the cause of friction between neighbors and other individuals. The regulation of animals would benefit the health, safety and welfare of the public.
Subd. 2. DEFINITIONS. The following definitions shall apply to the terms used in this Ordinance:
A. "Animal" shall include all animals except humans.
B. "Animal control officer" shall mean a person designated by the City to perform duties of animal control.
C. "Animal nuisance" shall mean any of the following situations:
1. An animal which makes noise in such a manner, with such intensity, or with such continued duration, so as to annoy or disturb the comfort or repose of any person of normal nervous sensibilities within the hearing thereof.
2. An animal which bites or injures, or attempts to bite or injure, other animals or a person without provocation;
3. An animal which is running at large;
4. An animal which damages property, including but not limited to the deposit of feces and damage to plants;
5. Keeping an animal in unsanitary conditions which promotes the spread of disease or endangers the life or health of the animal, other animals or human beings;
6. An animal kept by its owner without sufficient food, water, protection from the elements, veterinary care or other care necessary for humane treatment, or abandonment of an animal.
7. The beating or abuse of an animal or allowing or encouraging an animal to fight another animal.
D. "Cat" shall mean any domesticated animal related to the family Felidae.
E. "City" shall mean the City of Tracy.
F. "Dog" shall mean any domesticated animal related to the family Canidae.
G. "Livestock" shall mean any bovines, equines, swine, goats, sheep, ducks, geese, chickens, turkeys, partridges, quail, pigeons, or any other animal or fowl which may cause a health hazard within the meaning of the City Code or Minnesota Statutes.
H. "Owner" shall mean any person, partnership or corporation who harbors or keeps, or causes or permits to be harbored or kept, or has an animal in his, her or its care or custody, or permits an animal to remain on or about premises controlled by him, her or it.
I. "Animal show" shall mean any display, act, or event in which animals are used.
J. "Rabies vaccination" shall mean a protective inoculation with an anti-rabies vaccine recognized and approved by the United States Department of Agriculture, given in an amount sufficient to provide an immunity against rabies for a period of three (3) years after initial and second inoculations at four (4) months and sixteen (16) months of age, which is usually given only to dogs and cats.
K. "Restraint" shall mean a situation whereby an animal is caged or secured by a leash not more than ten (10) feet in length, or, if on private property, is under the actual control of a person and obedient to that person's commands.
L. "Running at large" shall mean an animal free of restraint and not upon the real property of the owner of the animal, or while upon or within five (5) feet of a public sidewalk or street.
M. "Vaccination certificate" shall mean a document showing that the animal described therein has received a rabies vaccination, inscribed with date of the inoculation and the name of the animal's owner; and signed by a veterinarian.
N. "Veterinarian" shall mean a person licensed to practice veterinary medicine in the State of Minnesota.
O. "Wild animal" shall mean any non-human animal which can be found in the wild state.
Subd. 3. ANIMAL LICENSES.
A. An animal license shall be required of each dog and cat which is harbored or kept within the City. The City Administrator shall issue a license upon the owner of the animal making written application accompanied by a fee of an amount in accordance with the yearly rate set by an annual resolution and a copy of current vaccination certificate. The license shall include a numbered tag which shall be affixed to a collar to be worn by the licensed animal at all times. The license shall be, subject to the conditions set forth in paragraphs B. and C. of this Subdivision. All animal license holders prior to this ordinance amendment will be grandfather in and their license will remain as a permanent animal license for the life of that animal.
B. At least every three (3) years during the life of a licensed animal, the owner thereof shall provide a new vaccination certificate to the City Administrator. Each new certificate shall show a vaccination of the animal not later than three (3) years from the date of a prior vaccination. The new certificate shall be provided to the City Administrator not later than the third anniversary date of a previous vaccination. In addition, the owner of an animal licensed while said animal is between the ages of four (4) months and sixteen (16) months shall also provide to the City Administrator a vaccination certificate showing inoculation of said animal within sixty (60) days prior to it reaching the age of sixteen (16) months. Failure to timely provide any such certificates shall require the animal to be relicensed.
C. A license shall automatically expire if the owner of the licensed animal sells it, gives it away or otherwise transfers ownership of it.
Subd. 4. ANIMAL PERMITS.
A. An animal permit shall be required in the following circumstances for animals kept in the City:
1. Any livestock or wild animal.
2. The keeping of four (4) or more animals.
Applications, accompanied by a fee of an amount in accordance with the yearly rate set by an annual resolution for an animal permit, shall be in writing and directed to the City Administrator, who is authorized to issue a permit of the animal or animals, as they will be kept, will not endanger life or property and that the keeping thereof will not become an animal nuisance. In making a permit decision, the City Administrator shall take into account all pertinent factors, including but not necessarily limited to whether any type of inoculation is appropriate, the past propensities of the animal or animal species involved, the ability of the owner to confine each animal, the size, location and type of any facilities or equipment, the trustworthiness of the owner and the possibility of harm to the public or property should any animal escape. Any permit issued shall be in writing and shall state the conditions subject to which it is granted. The City Administrator shall send a written notice of denial of the permit to the applicant, who shall be allowed seven (7) after the notice is sent to request a hearing before the Police Commission to contest the denial. If a hearing is requested, it shall be held within a reasonable time thereafter. The hearing shall be informal, but the decision rendered shall be in writing. The City Administrator or the applicant may appeal, de novo, the decision of the Police Commission.
A permit shall expire when the conditions under which it was issued have materially changed, or upon such expiration date as may be set in the permit.
B. An animal permit may not be issued in the following instances:
1. For any animal, the keeping, owning or possession of which is prohibited by law, or for which a permit is required by another governmental authority and not then possessed by the owner.
2. For any animal, the bite or sting of which is poisonous and may cause illness or death in humans.
3. For any wild animal related to the family Felidae (felines), the family Ursus (bears), any primate weighing in excess of thirty (30) pounds, and any wolf, coyote, wolverine, badger or porcupine.
4. For any livestock
C. An animal permit may be revoked for a violation of any condition thereof, if any animal subject thereto has committed or become an animal nuisance or for a material misrepresentation contained in the application therefor. The City Administrator shall send a written notice of revocation to the permit holder, who shall be allowed seven (7) days after the notice is sent to request a hearing before and Police Commission to contest the revocation. If a hearing is requested, it shall be held within a reasonable time thereafter. The hearing shall be informal, but the decision rendered shall be in writing. The City Administrator or the permit holder may appeal, de novo, the decision of the Police Commission.
Subd. 5. ANIMAL CONTROL FACILITY. The City Administrator shall make provision for suitable facilities, to be known as the animal control facility, which shall confine all animals seized, impounded or surrendered pursuant to the provisions of this Ordinance. The animal control facility may be outside the corporate limits of the City if so authorized by the City Council.
Subd. 6. IMPOUND AND DISPOSAL.
A. Animals seized pursuant to the provisions of this Ordinance shall be impounded in the animal control facility, except that licensed animals, in the discretion of the animal control officer, may be delivered to the owner thereof.
B. Animals seized may be reclaimed by the owner thereof in accordance with the rules of, and within the time periods set by, the animal control facility after paying all costs associated with the seizure and impound. An animal required to be licensed or made subject to a permit may not be reclaimed until the required license or permit has been obtained. An animal seized for quarantine may not be reclaimed until certified by a veterinarian to be free of the disease which resulted in the quarantine.
C. Impounded animals may be disposed of by the City or the animal control facility after the expiration of any holding period for the animal required by law, said holding period to be at least five (5) business days or seven (7) calendar days, whichever is longer.
D. The following animals are subject to seizure:
1. An animal running at large on public property, or on private property if the possessor of the private property consents.
2. An animals which is neglected or abused as set forth in Subd. 2 C. paragraphs 6 and 7 hereof, or which has injured or attempted to bite or injure any person or animal, or in any case where an animal control officer reasonable believes there is a significant and immediate danger or hazard to the public or the animal in question of not seized.
3. Animals required to have any animal license or animal permit where the owner or possessor thereof has been given notice to obtain the required license or permit and fails to do so within two (2) business days of said notice.
4. Animals ordered seized by a court.
5. Animals to be quarantined because suspected of carrying a contagious or infectious disease or because of being bitten by another animal suspected of carrying such disease, but no quarantined animal shall be disposed of without a good-faith attempt to give prior notice to the owner thereof, if such owner can be ascertained.
6. Any animal, including livestock and wild animals, which are prohibited from being kept in the City pursuant to this Section and the City Code.
Subd. 7. MISCELLANEOUS PROVISIONS.
A. An owner acquiring an animal which requires an animal permit shall apply for such permit or license within three (3) business days of the animal being acquired or the commencement of keeping the animal in the City.
B. The City Administrator shall keep records of applications, vaccination certificates and licenses and permits issued pursuant to this Ordinance.
C. The following animals or situations are exempt from the provisions of Subds. 2 and 3:
1. Police canines or search and rescue dogs.
2. Dogs and cats whose owner is temporarily remaining in the City for thirty (30) days or less.
3. Animals being transported through or to the City while aboard the means of conveyance used.
4. Animals used in animal shows and owned by owners temporarily remaining in the City for seven (7) days or less.
5. Animals being cared for because of illness or injury by a veterinarian at a facility operated and supervised by such veterinarian.
6. Dogs or cats under the age of four (4) months.
D. Fees for any impound charges and other services performed by the City under this Ordinance shall be periodically set and revised by the City Council.
E. All animal permits and licenses shall provide that they must be presented on demand of any animal control or law enforcement officer for examination thereof. Current vaccination certificates for dogs and cats shall be maintained by all owners thereof, and presented on demand of any animal control or law enforcement officer.
Subd 8. VIOLATIONS; ENFORCEMENT.
A. Persons or other entities committing the following acts in the City shall be guilty of a misdemeanor:
1. Being an animal owner and not obtaining any license or permit therefor as required in this Ordinance.
2. Causing, permitting or allowing an animal nuisance to occur.
3. Keeping an animal contrary to any provision in the animal permit obtained therefor.
4. Failing to display a license tag on a dog or cat, or to present a license, permit or vaccination certificate to an animal control or law enforcement officer as required in this Ordinance.
5. Making a material misrepresentation in any license or permit application, or in connection with the submission thereof.
6. Causing, permitting, or allowing livestock or a prohibited wild animal to be kept in the City.
B. The City, in addition to any other remedy, may seek an injunction as provided by law to enforce any part of this Ordinance.
ORDINANCE HISTORY:
ORDINANCE NO. 347 AN ORDINANCE AMENDING CITY CODE SECTION 8.30 SUBD 3A AND 4A – ANIMAL LICENSE/PERMIT MAY 22, 2017
ORDINANCE NO. 362 AN ORDINANCE AMENDING CITY CODE SECTION 8.30 SUBD 3A – ANIMAL LICENSE/PERMIT – REPLACING VERBIAGE FROM “VALID FOR THE LIFE OF THE ANIMAL” TO “YEARLY”.
OCTOBER 10, 2017
ORDINANCE NO. 57 - AMENDING ORDINANCE 22 JANUARY 9, 1961
ORDINANCE NO. 22- RELATING TO DOGS PROVIDING A TAX THEREON AND PRESCRIBING A PENALTY FOR THE VIOLATION FEBRUARY 14, 1957
ORDINANCE NO. 390- RELATING TO PROHIBITING LIVESTOCK ANIMALS WITHIN CITY LIMITS