HomeMy WebLinkAbout[06] League of MN Cities - Animal Regulation in Cities
The League of Minnesota Cities provides this publication as a
general informational memo. It is not intended to provide legal
advice and should not be used as a substitute for competent
legal guidance. Readers should consult with an attorney for
advice concerning specific situations.
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I.Introduction.......................................................................................................................................4
II.General considerations in regulating animals...................................................................................4
A.Drafting the ordinance..................................................................................................................4
B.Making distinctions between animals...........................................................................................5
III.Owner rights and responsibilities..................................................................................................5
A.Rights............................................................................................................................................5
B.Responsibilities.............................................................................................................................6
IV.City responsibilities......................................................................................................................7
A.Minnesota Pet and Companion Animal Welfare Act—cats and dogs..........................................7
B.Disposition of animals..................................................................................................................9
V.Animal regulation—general information........................................................................................12
A.Licensing.....................................................................................................................................12
B.Humane care...............................................................................................................................13
C.Limiting number of animals........................................................................................................14
D.Animals at large..........................................................................................................................14
E.Dogs and cats in vehicles............................................................................................................14
F.Cleaning up animal waste...........................................................................................................14
G.Vaccinations................................................................................................................................15
H.Rabies..........................................................................................................................................15
VI.Regulation of dogs......................................................................................................................17
A.Barking dogs...............................................................................................................................17
B.Dogs at outdoor restaurants.........................................................................................................18
C.Dogs at large...............................................................................................................................19
D.Dogs as a nuisance......................................................................................................................19
E.Dog parks....................................................................................................................................20
F.Kennels.......................................................................................................................................20
G.Dangerous dogs...........................................................................................................................21
VII.Regulation of cats.......................................................................................................................29
A.Feral cat trapping programs........................................................................................................30
B.Feeding bans...............................................................................................................................30
C.Disposition..................................................................................................................................31
VIII.Regulation of other animals........................................................................................................31
A.Other pet animals........................................................................................................................31
B.Police dogs and service animals..................................................................................................31
C.Farm animals...............................................................................................................................32
D.Insects and bugs..........................................................................................................................34
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A.Exotic orregulated animals.........................................................................................................34
IX.Hunting and fishing.....................................................................................................................35
X.Animal health and safety laws........................................................................................................36
A.Animal cruelty provisions...........................................................................................................36
B.Animal fighting...........................................................................................................................39
C.Board of Animal Health..............................................................................................................40
XI.Conclusion..................................................................................................................................41
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NIMAL EGULATION IN ITIES
I.Introduction
Animals are a regular part of life in a city. Cities have broad authority to
regulate and control animals within the city. State law also imposes
regulations on animals that cities must observe and sometimes enforce. This
memo discusses regulation and control of many types of animals, from dogs
and cats to exotic animals.
LMC Information Memo,Zoning
Animal regulation sometimes intersects with zoning issues, like feed lot
Guidefor Cities, Section III
location. This memo does not discuss zoning aspects.
“Restricting feedlots.”
II.General considerations in
regulating animals
Minn. Stat. § 412.221, subd. 21 Cities have broad authority to regulate animals by adopting an ordinance
under their police powersor,in some cases, by relying on state law.Police
powers relatetopublic health, safety, morals, and public welfare.Cities may
regulate many aspects related to animals within the city, including the
following:
The keeping of animals.
Animals running at large.
The impounding, sale, or destruction of animals.
Minn. Stat. §§347.50-.565.
Dangerous and potentially dangerous animals.
A.Drafting the ordinance
Handbook,Chapter 7.Regulation of animals should be done by ordinance. The city should have a
reasonable basis for adopting the animal control ordinance. This means that
the ordinancemust not be arbitrary or unreasonable. Establishing a
Village of Euclid, Ohio v. Ambler
Realty Co., 272 U.S. 365, 47 S.
reasonable basis for the ordinance at the time it is adopted will help the city
Ct. 114 (1926)
defend the ordinance if it is later challenged.
The ordinance should be clearly draftedand, wheneverpossible, include
objective standards formeasuringif an ordinance violation. The
Press v. City of Minneapolis, 553
N.W.2d 80 (Minn. Ct. App.
ordinance should be written so that ordinary people can understand what
1996);State v Reha, 483 NW2d
conduct is prohibitedor required.An ordinance can still be somewhat
688 (Minn. 1992)
flexible andbroad so long as it is clear what it allows or prohibits.Further, a
clearly written ordinance helps to avoid arbitrary or discriminatory
enforcement.
Holt v. City of Sauk Rapids, 559
When deciding how to handle animal-relatedissues,the city may select the
N.W.2d 444 (Minn. Ct. App.
solution it sees as the best fit (so long as it is reasonable)even if it is not the
1997)
same method used in other cities or what other people might see as more
appropriate.
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Enforcement is another issue for the city to consider when adopting any
ordinance, including one on animal regulation. The city should make sure it
has the people, resources, interest,and capability to enforce any ordinance it
adopts. The city should also consider the unique aspects of animal
regulations, such as catching or seizing animals, impounding animals,
destroying animals, and othersimilarissues that arise when dealing with
animals.
B.Making distinctions between animals
The city may make distinctions between different types of animals in its
animal control ordinance as long as there is a reasonable basis for the
Town of Grant v. Johnson,No.
C2-93-243 (Minn. Ct. App. June
distinction. However,some types of distinctions are prohibited by law. For
29, 1993)(unpublished
example,state law prohibitsregulatingdangerous dogs based solely on the
decision).
breed of the dog.
Minn. Stat. § 347.51, subd. 8
There may be many distinctions that have a reasonable basis.Some common
distinctions are:
Farm animals from pet animals.
See Section BIII BPolice dogs
Police dogs from other dogs.
and service animals.
Service animals from other animals.
Zoo ownership of wild or exotic animals from private ownership of the
same animals.
III.Owner rights and
responsibilities
A.Rights
Corn v. Sheppard,229 N.W. 869
In general, the law treats animals as personal property. Therefore pet and
(Minn. 1930).;Soucek v.
animal owners have the same rights with regard to their animals as with
Banham, 524 N.W.2d 478 (Minn.
other personal property.
Ct. App. 1995);Minn. Stat. §
609.52.
1.Due process rights
U.S. Const. amendments Vand
Both the federal and state constitutions provide that no person may be
XIV;Minn. Const. art. 1, § 7.
deprived of theirproperty without due process of law. The two basic
Mathews v. Eldridge, 424 U.S.
requirementsof due process are: 1) notice to interested parties, and 2) an
319, 96 S. Ct. 893 (1976)
opportunity to be heard by a person or group who has the authority to make
a decision on the matter. The opportunity to be heard must be at a
meaningful time and in a meaningful manner. Since animals are treated as
property, due process considerations apply in situations where the city is
dealing with animals.
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NIMAL EGULATION IN ITIES
Mathews v. Eldridge, 424 U.S.
Due process is aflexibleconceptand should be tailored to the particular
319, 96 S. Ct. 893 (1976)
situation. Statutessometimesprovide particular notice and hearing
requirementsthat must be followed. If the law is silent onnotice or hearing
requirements, or the requirements provided are minimal, that does not mean
that due process does not apply. Rather, that means that the city, with the
help of the city attorney, should determine how the city will satisfy these
requirements.Whenever possible, it is a good idea to spell out the process
that will be followed in the applicable city ordinance.
2.Lawfully entering onto private property
The procedures covered in this memo often involve private property. Private
property rights are constitutionallyprotected, so it is important that the city
take appropriate steps to ensure these rights are respected. Whenever this
memo mentions entering private property for investigative, enforcement,or
other reasons, the principles outlined in this section will apply.
U.S. Const. amendment IV.Generally, in order to lawfully enter private property for investigative,
enforcement, or otherpurposes, the city must either obtain voluntary
Camara v. Municipal Court, 387
U.S. 523, 87 S. Ct. 1727(1967)
consent from the owner or an administrative search warrant.
Seeking consent is the simplest way to gain access to property. Consent
must be voluntarily given by a person who has the authority to consent, such
as the owner or occupant of the property. Itis important that the person
giving consent is aware of the purpose and scope of the inspection or
investigationbefore consenting. It is preferable to obtain the consent in
writing.
If the city does not or cannot obtain the owner’s consent to enter the
property, the city mayobtain an administrative search warrant. An
administrative search warrant is issued by a judge and allows designated
people to enter the property for certain purposes specified in the warrant. An
Camara v. Municipal Court, 387
U.S. 523, 87 S. Ct. 1727 (1967)
administrative search warrant removes the need for consent. In order to
LMC information memo,
obtain an administrative search warrant, the city must show the judge there
Administrative Searches and
is “probable cause,”which shows its request to enter private property is
Seizures.
justified.
In some situations, itmay be possible to lawfully enter private property
without consent or a warrant, such as when an emergency exists. The city
attorney will be able to provide specific legal advice on whether a warrant or
consent is necessary.
While some state laws and ordinances say that searches or inspections may
be conducted at anytime, it is still preferable to obtain consent or a search
warrant.
B.Responsibilities
Animal owners also have responsibilities for their animal. Some of the
common responsibilities areto:
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Minn. Stat. § 412.221, subd. 21
Obtain the appropriate license, if any, from the city and satisfy all
requirements related to obtaining and maintaining the license.
Minn. Stat. ch. 343
Treat their animals humanely.
Maintain control of their animal and comply with applicable nuisance
ordinances, such as not allowing the animal to run atlarge, not allowing
their animal to be excessively noisy, etc.
It is also the responsibility of the animal owner to comply with all state laws
and city ordinances that apply to their animal. In addition, animal owners
are generally responsible for the actions of their animals, including damage
caused by the animal.
Section VI G,Dangerous dogs.For instance, the owner of a dog is generally responsible for injury or
damage that occurs when the dog bites another person or animal. If a dog,
without provocation, attacks or injures any person who is acting peaceably
in any place where the person may lawfully be, the owner of the dog is
Minn. Stat. § 347.22
liable fordamages to the person so attacked or injured forthe full amount of
the injury sustained. The term “owner”includes any person harboring or
keeping a dog,but the owner mustbe primarily liable.
Minn. Stat. §§ 347.01-.03 There are also state laws that protect the owners of animals, including
domestic animals and livestock, from dog attacksontheir animals. The
owner or keeper of a dog that kills, wounds, or worries adomestic animal
will be held liable to the owner of the animalthat wasdamaged.
IV.City responsibilities
Cities are responsible for enforcing ordinances, properly caring for animals
in theircustody, and following the applicable laws and ordinances.
Oftentimes, these responsibilities are most obvious when the city has
captured, seized, or otherwise has an animal in its custody or care.
A.Minnesota Pet and Companion Animal
Welfare Act—cats and dogs
Minn. Stat. § 346.39 The Minnesota Pet and Companion Animal Welfare Act (Animal Welfare
Act) sets minimum care standards for dogs for veterinarians, animal
Section XA,Animal cruelty
provisions.
boarding facilities, and commercial animal facilities. It is not clear what
constitutes an animal boarding facility,so it is not clear whether these laws
apply to city facilities. A conservative approach is to follow the minimum
care standards outlined belowin facilities where animals are boarded.
This act has different requirements for different animals, so the city should
consult the statute to ensure the applicablerequirementsare followed,
particularly when the city isdealing with an animal not regularly dealtwith.
Minn. Stat. §§ 346.35-.44
Since dogsand cats are likely the most common animalsthe city deals with,
this section will cover the requirements for those animals.
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NIMAL EGULATION IN ITIES
a.Confinement
Minn. Stat. § 346.39 A confinement area must provide sufficient space to allow each cat and dog
to turn about freely and easily stand, sit, and lie in a normal position. State
law provides a formula to follow to determine the minimumamount of
spacerequired.
Minn. Stat. § 346.39 Confinement areas must be maintained at a temperature suitable for the
animal involved.A shaded area must be provided sufficient to protect the
animal from the direct rays of the sun at all times fromMay to October.
Bedding, if used, must be kept clean and dry. Outdoor enclosures must be
kept clean,and base material replaced as necessary.
Minn. Stat. § 346.39 If the confinement area is indoors, itmust be ventilated. Drafts, odors, and
moisture condensation must be minimized. Auxiliary ventilation,such as
exhaust fans, vents, and air conditioning, must be used when the room
temperature rises to a level that may endanger theanimals’health. Further,
an indoor confinement area must have at least eight hours of illumination
sufficient to permit routine inspection and cleaning.
Minn. Stat. § 346.39 Where applicable, the interior surfaces of confinement and exercise areas,
including crates and containers, mustbe constructed and maintained so that
they are substantially impervious to moisture and may be readily cleaned.
They must protect the animal from injury and be kept in good repair.
Animal wastes and excess fluids must be disposed of properly.
b.Food and water
Minn. Stat. § 346.39 Cats and dogs must be provided with food of sufficient quantity and quality
to allow for normal growth or the maintenance of body weight. Food must
be provided at least once every 24 hours or more often, if necessary, to
National Research Council,500
Fifth St. N.W., Washington, D.C.
maintain the health and condition of the animals. Feed standards mustbe
20001; 202-334-2000.
those recommended by the National Research Council.
Cats and dogs must also be provided with clean, potable water in sufficient
quantity to satisfy the cat’sor dog’s needs. Water must be provided at least
once every eight hours. Snow andice are not adequate water sources.
Minn. Stat. § 346.39 Food and water containers must be accessible to each animal and located to
minimize contamination by animal waste. The containers must be kept
clean. Disposable containers must be discarded when soiled. Measures must
be taken to protect animals from being contaminated with water, wastes, and
harmful chemicals.
c.Exercise
Minn. Stat. § 346.39 All cats and dogs must be provided the opportunity for exercisefor 20 to 30
minutes at least once every eight hours, either through free choice or
through a forced work program, unless exercise is restricted by a licensed
veterinarian.
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d.Transportation
Minn. Stat. § 346.39 When a dog or cat is transported in a crate or container, itmust be
constructed of nonabrasive wire or a smooth, durable material suitable for
the animals. Crates and containers must be clean, adequately ventilated,
contain sufficient space to allow the animals to turn around, and provide
maximum safety and protection to the animals.
e.Disposal of animals under Animal Welfare Act
Minn. Stat. § 346.37 If the city is in possession of an animal and turns it over to a vet, boarding
facility, or commercial facility, and the owner does not claim the animal
from that facility within 10days, the law provides a process for the facility
to dispose of the animal.
Minn. Stat. § 346.37, subd. 1 The law requires that facilities must warn its patrons of the disposal process
in a conspicuously posted notice or by conspicuous type in a written
document given to the owner. If the city enters into agreements with these
types of facilities, the city may consider giving a similar warning.
B.Disposition of animals
Minn. Stat. § 35.71;7 U.S.C. §
Cities generally have the authority to dispose of animals in theircustody
2158.
according to the process laid out by law or city ordinance. If there is no state
law or ordinance to allow disposition of the animal, the city likely lacks the
A.G. Op.146-e(Dec. 6, 1948).
authority to do so.
1.General process
There is no one-size-fits-all process for disposal of animals. The holding
period and process for disposal varies,depending on the type of the animal
and the circumstances under which the animal was captured or seized.
However, there is a process for disposing of unclaimed animals, which
seems to cover many situations where there is not a more specific law. This
process,outlined below,applies to any public or private agency, person,
society, or corporation with custody of animals seized by the city or other
Minn. Stat. § 35.71, subd. 1
political subdivision.
Minn. Stat. § 35.71 Unclaimed animals must be held for redemption by the owner for at least
five regular business days of the impounding agency. The city can, by
ordinance, require the holding period to be longer.A “regular business day”
means a day during which the establishment having custody of an animal is
open to the public not less than four consecutive hours between the hours of
8 a.m. and 7 p.m.
While the law does not provide notice and hearing requirements, it would be
prudent for the city to notify owners or others with an interest in the animal,
if known,that the animal has been seized and is being held. There should
also be some process for the owner to reclaim the animal.
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NIMAL EGULATION IN ITIES
Minn. Stat. § 35.71.The establishment must maintain the following records of the animals in
custody:
The description of the animal by species, breed, sex, approximate age,
and other distinguishing traits.
The location at which the animal was seized.
The date of seizure.
The name and address of the person from whom any animal three
months of age or over was received.
The name and address of the person to whomany animal three months
of age or over was transferred.
Minn. Stat. § 35.71 These records must be preserved for at least sixmonths and must be
maintained in a form permitting easy perusal by the public. A person may
view the records and animals in custody at any time during which the
establishment is open to the public.
Coyle v. City ofDelano, 526
Where the city transfers the animals to another agency, that agency has the
N.W.2d 205, 207 (Minn. Ct.
same duties imposed by law, including keeping these records.
App. 1995)
Minn. Stat. § 35.71 Certain institutions, such as schools or colleges, may apply to the Minnesota
Board of Animal Health for a license to obtain unredeemed animals from
establishments. If an institution is licensed by the board, it may obtain
animals from cities.At the end of the five-day period (or longer if specified
by ordinance), all unredeemed animals must be made available to any
licensed institution that has requested them,pursuant to the statutory
process.However, if a statement by the animal’s owner or on the animal’s
tag specifies that the animal may not be used for research, the animal must
not be made available to any institution. If an animal does not go to an
institution, the animal may be humanely destroyed.
2.Disposition
If after the specifiedtime,all of the statutory and due process requirements
have been met,and no institution has requested animals, the city may
State v. Utech, No. A09-1766
(Minn. Ct. App. Sept. 28,
dispose of the animal. State law prohibitsthe use of a decompression
2010)(unpublished decision)
chamber to destroy an animal.State law also prohibits unjustifiably
administering any poisonous or noxious drug or substance. The attorney
Minn. Stat. § 343.37
general has advised that the issue of whether to usepoison to dispose of
Minn. Stat. § 343.27; A.G. Op.
animals is an issue of fact for the city to decide.
(May 24, 1947).
The way citiesdispose of animalsvaries. Some cities contract with a
veterinarian to have the animal “put down.” Other cities may have the staff
and resources available to dispose of the animal without the need to contract
with another person or organization.
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“Statement on Euthanasia
There are many organizations that make recommendations or have
Methods for Animals in
guidelines on euthanizing animals. While these are not binding on cities
,
Shelters”Humane Society of the
(and, indeed, are not written for cities), they may provide helpful
United States (March 31, 2009);
information for cities in making decisions onhow animals will be destroyed.
“AVMA Guidelines on
Euthanasia,” American
Veterinary Medical Association
(June 2007).
3.Diseased dogs
Minn. Stat. § 347.17 There are certain situations described by law that allow any person to kill a
dog immediately. Any person may kill any dog:
That the person knows is affected with the disease hydrophobia (which
is associated with rabies).
That may suddenly attack while the person is peacefully walking or
riding and while being out of the enclosure of its owner or keeper.
Found killing, wounding, or worrying any horses, cattle, sheep, lambs,
or other domestic animals.
Minn. Stat. § 35.69
Running at large on the public street or roads without the required
muzzle when a board of health determines that rabies exists in the town
or city and the required rabies proclamation is filed, and the owner of
the dog has no claim against the person who kills the dog.
Minn. Stat. § 347.03
Found chasing, injuring, or worrying his or her sheep or other livestock
or poultry on land owned or controlled by the owner or caretaker.
Further, any owner or caretaker of sheep may kill any dog found on
their property where sheep are kept, not under human restraint or
control.
Cities should not regularly rely on these laws to kill or dispose of animals in
place of other laws that provide a more detailed process. These laws are
intended only for specific circumstances and should generally not be relied
on routinely.
4.Disposing of animal carcasses
Sometimes the city will be asked what an animal owner should do with the
animal carcass when the animal dies at home. State law provides that the
animal should be buried at a depth that will prevent scavenging by other
Minn. Stat. § 35.82
animals, burning the carcass, or by other approved methods. Some cities
will spell out what to do with a carcass by ordinance. Some citiesprohibit
the burning of carcasses, particularly by burning them in a wood burner or
boiler.
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5.Liability
The city should becautious when disposing of animals because owners can
recover damages from the city if the city wrongfully destroys their animal.
This may also apply when there is an emergency or urgent situation where
Soucek v. Banham, 524 N.W.2d
478 (Minn. Ct. Ap. 1994)
an animal is killed without due process. Generally, the measure of damages
Molenaar v. United Cattle Co.,
is the fair market value of the animal. There is some uncertainty about
553 N.W.2d 424 (Minn. Ct. Ap.
1996);Wilson v. Eagan, 297
whether the owner of the animal may recover punitive damages as well. It is
N.W.2d 146 (Minn. 1980)
important for the city to be cautious and to document the reasons that
justified their actions; this will help defend the city if the action is
challenged
6.Slaughtering
Cities generally have the authority to regulate slaughtering within the city.
Many cities prohibit slaughtering of animals in city limits, unless the
location is a slaughterhouse or similar establishmentor is in a particularly
zonedarea. However, cities need to be careful in drafting and enforcing
Church of Lukumi Babalu Aye v.
City of Hialeah, 508 U.S. 520
ordinances on slaughtering of animals so that the ordinance is not used to
target religious slaughtering or sacrificing of animals.
V.Animal regulation—general
information
Section II, General
Cities have broad authority to regulate animals,and may adopt appropriate
considerations in regulating
regulations for the needs of the community. This section will discuss some
animals.
general issues about regulating animals, as well as issues specific to
common types of pets.
A.Licensing
Cities may license pets. If the city chooses to license pets, it should adopt an
ordinance that sets forth the process and requirements. Cities may charge a
reasonable fee for the license. The cost of the license should be set at a level
City of Faribault v. Wilson,25
N.W. 449(Minn. 1885.)
to recoup the costs of issuing the licenses, enforcement, and other related
costs.
Section VG,Vaccinations.Some cities require proof of current vaccination in order to obtain a license.
One way to do this is to require animal owners to show a certificate from a
veterinarian indicating that the animal has been vaccinated. This method is
preferred to having applicants check a box to indicate whether the animal
has been vaccinated. Having an applicant check a box,without a certificate
to verify the vaccinations,could allow the owner to provide inaccurate
information.
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Some cities also offer a lower-cost license for an animal if there is proof that
the animal has been spayed or neutered. Spaying and neutering canhelp to
minimize the populations of unwanted or stray animals. Presumably, the
lower cost is related to the lower cost of enforcement of an animal that will
not produce offspring or the troubles related to mating.
Some cities also provide animal licenses for free or at a reduced cost for
service animals and police dogs. There are a couple of reasonspotential
reasons for the lower cost. One rationaleis that these animals are not just
pets, but perform important (and sometimes necessary) work for the
individuals and, in the case of police dogs, for the community. The other
rationale is that these animals are less likely to cause animal control issues,
such as running at large.
Licensing animals serves different purposes, depending on the licensing
ordinance. For example, when animals are required to be properly
vaccinated, it leads to a healthier animal population. Another benefit is that
the city can collect a fee that can be used to offset the costs of enforcing
animal regulations. In tight budget times, this might be a way to help pay for
the services related to animal control.
1.Lifetime licenses
Some cities offer lifetime licenses for an animalas an alternative to a regular
license. As the name suggests, the owner only needs to purchase one license
for the animal instead of renewing the licenses annually or at some other set
interval. Lifetime licenses may have more conditions to meet than a
standard license, such as requiring proof that the animal has had a microchip
implanted. Some cities still require that the city be updated regularly with
vaccination certificates for each animal with a lifetime license. This allows
the city to make sure licensed animals are regularly vaccinated and that the
license is still active (i.e.,the animal is still alive and living in the city).
2.County licenses
Minn. Stat. §§ 347.08-.21 If the city does not have a licensing ordinance, the county may have
ordinances about licensing and regulating dogs running at large that apply in
the city. If there is a county ordinance that applies, the city clerk should be
familiar with his or her responsibilities under the county ordinance.
B.Humanecare
While state law regulates the humane care of animals, cities may choose to
adopt similar provisionsby ordinance. The ordinance shouldclearly spell
out what is or is not acceptable. Instead of drafting an ordinancefrom
Minn. Stat. §§ 346.35 -346.44
Section IVAMinnesota Pet and
scratch, the city may incorporate state law, such as the Animal Welfare Act,
Companion Animal Welfare Act.
into city ordinances.
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NIMAL EGULATION IN ITIES
When looking into whether an animal is being treated inhumanely, cities
should keep in mind that different animals, and different breeds of animals,
may have different needs and different thresholds. Otherwise, an owner may
challenge a citation for animal cruelty on the basis that the ordinance was
applied to him or her arbitrarily.
C.Limiting number of animals
Holt v. City of Sauk Rapids, 559
The city may place reasonable limits on the number of animals per
N.W.2d 444 (Minn. Ct. App.
household or residential unit. Minnesota courts have upheld ordinances that
1997)State v. Reinke, 702
limit the number of dogs per household in order to deal with noise,odor,
N.W.2d 308 (Minn. Ct. App.
2005);State v. Schuler,No. C9-
and other related concerns. The courts have found that ordinances that
96-1047(Minn. Ct. App. Feb. 25,
address these issues were reasonably related to the public’s health, safety,
1997)(unpublished decision).
and welfare.The city does not haveto base the number on empirical
evidence, but there shouldbe some rational relation between the ordinance
and the health or safety of the community.
Cities approach limiting the number of animals per house in different ways.
For example, some cities will cap the total number of animals allowed per
householdand other cities will limit the number of each type of animal that
is allowed. The numbers of allowed animals also ranges. It is up to the city
to determine the best approach for itself.
D.Animals atlarge
Animals that are running loose may be considered a public nuisance. One
solution to this issue is to enact a “leash law” that requires animals to be on
Boitz v. Preblich, 405 N.W.2d
907, 913 (Minn. Ct. App. 1987)
leashes or otherwise under control.
E.Dogsand catsin vehicles
Minn. Stat. § 346.57 A person may not leave a dogor catunattended in a standing or parked
motor vehicle in a manner that endangers the animal’shealth or safety. The
most common examples would be leaving a dogor catin a motor vehicle in
hot or cold weather. A violation of this law is subject to a $25fine.
A peace officer, humane agent, dog warden, or volunteer or professional
member of a fire or rescue department of the city may use reasonable force
to enter a motor vehicle and remove a dogor catthat has been left in the
vehicle. The person removing the dogor catmust use reasonable means to
contact the owner of the dog or cat to arrange for its return home. If the
person is unable to contact the owner, the person may take the dogor catto
an animal shelter.
F.Cleaning up animal waste
Many cities also have an ordinance that requires people to pick up animal
waste. The point is to prevent animal waste from accumulatingor entering
storm drains, which could lead to a variety of livability and health-related
concerns.
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G.Vaccinations
Section VA,Licensing.A city may require that animals bevaccinatedin order to obtain a pet
license. The vaccines required should be tailored to theneeds of the
“Vaccinations,”American
Veterinary Medical Association
surrounding area. The city should require only “core” vaccines that are
(December 2009).
recommended for most pets. A local veterinarian can assist the city in
determining what vaccines are considered “core” in the area.
Section VH, Rabies.Rabies vaccines are commonly required for animals in order to obtain a pet
license from the city. Vaccines are an important way to minimize the chance
of rabies becoming a problem in the city.
“Canine distemper,”American
Another commonly required vaccine for dogs is for canine distemper. This
Veterinary Medical Association
highly contagious and serious virus is spread through airborne exposure to
(March 2010).
the virus from an afflicted dog or wild animal. Distemper is often fatal, and
where it is not fatal, it causes irreparable damage to the dog’s health.
Vaccinations are important to prevent this virus.
H.Rabies
“Rabies,”American Veterinary
Rabies is a deadly disease caused by a virus that attacks the nervous system.
Medical Association (March
Rabies is most commonly spread to people and animals when they are bitten
2010).
by an infected animal. Because rabies can befatalto animals and humans, it
is important to minimize the change of spreading this disease. One way to
do this is to require pets to be vaccinated.
“Compendium of Animal Rabies
The National Association of State Public Health Veterinarians (NASPHV)
Prevention and Control,
recommends that local governments initiate and maintain effective programs
2008,”National Association of
to ensure vaccinations of all dogs, cats, and ferrets.
State Public Health Veterinarians
(April 18, 2008); Minn. R.
1705.1145.
1.Vaccination
Minn. R. 1705.1146 Animal rabies vaccines may only be administered by or under the
supervision of a veterinarian.Minnesota law requires that the veterinarian
responsible for the administration of the rabies vaccine sign a rabies
Rabies Vaccination Certificate
(Form 51)National Association
vaccination certificate for each pet vaccinated. The certificate must include
of State Public Health
theinformation specified by law. The NASPHV has a recommended Rabies
Veterinarians (2007).
Certificate (Form 51) for use as the rabies vaccination certificate.
2.Control measures
“Compendium of Animal Rabies
In addition to vaccinations, the NASPHVrecommends the following
Prevention and Control,
procedures to enhance rabies control:
2008,”National Association of
State Public Health Veterinarians
(April 18, 2008).
Identification of dogs, cats, and ferrets (e.g., metal or plastic tags or
microchips) to allow for verification of rabies vaccination status.
ARC15
NIMAL EGULATION IN ITIES
Licensing or registering all dogs, cats, and ferrets.Evidence of current
vaccination should be a requirement to obtain alicense.
House-to-house checksby animalcontrol officials to ensure compliance
with vaccination and licensure requirements.
Citations issued to owners for violations, including the failure to
vaccinate or license their animals.
Incorporate stray animal control, leash laws, and animal bite prevention,
and train appropriate city personnel on theseprograms.
Incorporate education covering responsible pet ownership, bite
prevention, and appropriate veterinary care intocityprograms.
3.Complaints and investigations
Minn. R. 1705.1100; Minn. Stat.
Any person who knows or reasonably suspects any animal isinfected with
§ 35.67
rabies mustreport itto the boardof animal healthimmediately.If the state
board of animal health, or city or county board of health, receives a written
complaint of rabies within the board’s jurisdiction,the board must
investigate the truth of the complaint. A board of health may also make an
investigation and determination without receiving a complaint.
Minn. Stat. §§ 35.67-35.69;
Local peace officers and boards of health must enforce these laws on rabies.
Minn. R. 1705.1200
Peace officers and authorized agents of a board of health mustfile a
Minn. Stat. § 145A.04
complaint concerning any known violation ofthe rabies laws.
4.Proclamations
Minn. Stat. § 35.68;Minn. Stat. §
If rabies are found to exist, the entity doing the investigation must make a
35.69;Minn. R. 1705.1200.
proclamation that prohibits the owner or custodian of any dog from allowing
the dog to be at large within the city, either on the premises of the owner or
elsewhere, unless the dog is effectively muzzled so that it cannot bite any
other animal or person.The proclamation must be filed with the appropriate
personnel at all political subdivisions subject to the proclamation.
Minn. Stat. § 35.68;Minn. R.
If a proclamation is filed with the city, the city must at its own expense
1705.1200
publish a copy of it in one issue of a legal newspaper published in the city if
one is published there. If no newspaper is published there, the clerk must
post a copy of the proclamation in three public places. Proof of publication
must be by affidavit of the publisher and proof of posting must be by the
person doing the posting. The affidavit must be filed with the proclamation.
The proclamation is effectivefive days after the publication or posting,and
remains effective for aspecified period of time, which shouldnot exceed six
months.
Minn. Stat. § 35.69 When a rabies proclamation is in effect, any person may kill a dog running
at large on the public streets or roads unless the dog is effectively muzzled
so that it cannot bite any person or animal. The owner of the dog has no
claim against the person who kills the dog.
Minn. Stat. §§ 35.67-.69
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EAGUE OF INNESOTA ITIES
5.Disposition
Minn. R. 1705.1130 Animals determined by the veterinarian to be bitten or otherwise exposed by
a rabid animal mustbe humanely euthanized or quarantined for six months
unless certain conditions are met. The quarantine starts with the day of
Minn. R. 1705.1175;Minn. R.
1705.1180;Minn. R. 1705.1131.
exposure. Quarantined pets must be vaccinated at the beginning of the
quarantine.
Minn. R. 1705.1131;Minn. R.
Wild animals, domesticated wild animals, or hybrids for which there is no
1705.1151
licensed rabies vaccine must be euthanized orquarantined for life if exposed
to a rabid animal.If such an animal bites a human, it must be euthanized and
tested for rabies, unless the animal is exempt from testing by law.
Minn. R. 1705.1151 If a pet animal bites a human, the pet must be confined and observed for
signs suggestive of rabies for 10days or euthanized and tested for rabies. If
at any time during the 10-day observation the animal dies, it must betested
for rabies. If the animal shows signs suggestive of rabies, it must be
euthanized and tested for rabies.
Minn. R. 1705.1151 Stray or unwanted pet animals may be euthanized after a five-day holding
period and, if euthanized, must be tested for rabies. If, after consultation
with a board or public health official, a veterinarian requests a rabies test in
writing, a stray or unwanted animal must be euthanized and tested during
the five-day period.
Minn. R. 1705.1151 If a farm animal bites a human, it must be evaluated on an individual basis
by a veterinarian. If it is acting normal, it may be confined for 14 days. If it
exhibits unusual behavior, it must be euthanized and tested for rabies.
VI.Regulation of dogs
Dogs areregulated both at the state and local level.In addition to the general
laws and considerations discussed earlier in this memo, there are some
Section X,Animal health and
safety laws.
special provisions for dogs.
A.Barking dogs
A barking dog ordinance must give guidance to the pet owners, neighbors,
andenforcement officers as to what would be considered allowableor
prohibitedbarking, whining, or other noisy conduct. One way to accomplish
this is to include objective criteria, such as designating barking, howling,
etc. for more than a pre-determined number of minutes to be a violation. It is
City of Edina v. Dreher,454
N.W.2d 621 (Minn. Ct. App.
best to avoid vague language like prohibiting animals that disturb the peace
1990)
and quiet of any persons in the vicinity because itcan lead to inconsistent or
arbitrary enforcement.
ARC17
NIMAL EGULATION IN ITIES
B.Dogs at outdoor restaurants
Minn. Stat. § 157.175, subds. 1,
A city may adopt an ordinance permittingrestaurantsto allow dogs to
2
accompany persons using the designated outdoor areas of a food and
beverage service establishments, such as restaurants, cafes, etc. The
ordinance must prohibit dangerous and potentially dangerous dogs from
accompanying persons to these establishments.
Minn. Stat. § 157.175, subd. 3 The ordinance cannot prohibit an establishment from banning dogs. If a
person is accompanied by a dog at an establishment,and knowsthat the
establishment has posted a sign banning dogs or is otherwise informed that
dogs are not permitted, the personmay be ordered to leave.
Minn. Stat. § 157.175, subd. 4(a)The ordinance must require participating establishments to apply for and
receive a permit from the city before allowing dogs on the premises. The
city must require the applicant to provide information that the city deems
reasonably necessary. This information must include, at a minimum, the
following:
The name, location, and mailing address of the establishment.
The name, mailing address, and telephone contact information of the
permit applicant.
Adescription of the designated outdoor areas in which the permit
applicant intends to allow dogs.
Adescription of the days of the week and hours of operation that
patrons’dogs will be permitted in the designated outdoor areas.
Minn. Stat. § 157.175, subd. 7 The ordinance must also include a definition of “designated outdoor area”
that is consistent with applicable rules adopted by the commissioner of
Health.
Minn. Stat. § 157.175, subd. 4(b)Thepermit cannot be transferred to a new owner,and itexpires
automatically upon the sale of the establishment. The new owner is required
to reapply for a permit if he or she wishes to continue to allow dogson the
premises.
Minn. Stat. § 157.175, subd. 4(c)The city may incorporate these permit requirements into a permit or license
issued under an existing ordinance if the city ensures that current and future
permit and license holders comply with the requirements of the law. A city
may exempt current permit and license holders from reapplying for a permit,
if the current permit or license holder provides allinformation that the city
requests.
Minn. Stat. § 157.175, subd. 5 The ordinance must include regulations andlimitations that the city deems
reasonably necessary to protect the health, safety, and general welfare of the
public. At a minimum, the ordinance must include the following
requirements:
Employees must be prohibited from touching, petting, or otherwise
handling dogs.
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EAGUE OF INNESOTA ITIES
Employees and patrons must not allow dogs to come into contact
with items involved in food service operationssuch as dishes,
utensils, tableware, linens, paper products, or other items.
Patrons must keep their dogs on a leash at all times and must keep
their dogs under reasonable control.
Dogs must not be allowed on chairs, tables, or other furnishings.
Dog waste must be cleaned immediately and the area sanitized.
Minn. Stat. § 157.175, subd. 5 The requirements listed above must be clearly printed on a sign or signs
posted on premises in a manner and place that are conspicuous to employees
and patrons.
Minn. Stat. § 157.175, subd. 6 Any ordinances related to animals in restaurantsmust notlimita disabled
person access to places of public accommodation while accompanied by a
service animal as provided by law. Further, the lawful use of a service
Minn. Stat. § 256C.02;Minn.
Stat. § 363A.19
animal by a licensed police officer must not be limited.
C.Dogs atlarge
Section VD, Animals at-large.Cities may prohibit dogs running atlarge or otherwise uncontrolled. If the
city does not prohibit dogs running at large, state law provides that the
Minn. Stat. § 412.221;Minn.
Stat. § 346.52
owner or custodian of a dog that is permitted to be uncontrolled off of the
Minn. Stat. § 346.50
owner or custodian’s premises must have the dog identifiedin one of the
ways specified by law such as an ID tag, tattoo, microchip, etc. A violation
of this state law is a petty misdemeanor.
When an animal shelter receives a dog, an employee must check for
identification on the animal, identify the owner by the identification
whenever possible, and promptly notify the owner of the location of the
animal by the most expedient means. While not required by law, the city
should also check for these identifications if it receives a dog.
D.Dogs as a nuisance
Minn. Stat. §§ 347.04-.07 Any dog that habitually worries, chases, or bothers people traveling
peaceably on the public road is a public nuisance. In addition to the
LMC information memo, Public
Nuisances.
remedies in city ordinances on dogs running atlarge,a person may make a
written complaint to a district court judgeregarding the dog. After thecourt
procedures described by law, the judge will decide if it is a public nuisance.
If the dog isfound to be a nuisance, the judge will order the appropriate
public official to kill and dispose of the dog. Costs mustbe paid by the
complainant, but if the dog is adjudged a nuisance, and the owner is known,
judgment willbe entered against the owner.
ARC19
NIMAL EGULATION IN ITIES
E.Dog parks
Dog parksare designated placeswhere dog owners can taketheir dogs to
exercise and socialize with other dogs. These parks vary widely, depending
on the needs and wants of the community. Dog parks are often, but not
always, enclosed and allow dogs to be off of their leashes while in the park.
Some cities charge a fee for a permit or license to use the park; the money
collected is then spent on maintaining the park.
LMCIT risk management memo,
If the city chooses to operate a dog park, the city can design the park to suit
Off Leash Dog Parks –Who Let
the available space and the needs of the community. Dog parks can have a
the Dogs Ou
wide variety of amenities, but here are a few things to consider:
Will barriers,either manmadeor natural, be used to keep dogs inside of
the park area?
What rules should there be for using the park?
Willtrash containers and/or bags be provided to encourage owners to
pick up animal waste?
Where will the dog park patrons park?
Will there be water for the dogs to drink? What about to play in (e.g.,
lake, stream, etc.)?
Will the larger and smaller dogs be separated?
What maintenance will have to be done? How often? Who will do it?
Will there be areas for people to sit (e.g.,benches, shelters, etc) while at
the park?
F.Kennels
Minn. Stat. § 347.31;Kennel
Akennelmust receive a license from the Board of Animal Health. State law
information, Board of Animal
defines a kennel as any placewheredogs or cats are keptor confined, if the
Health.
dogs or cats were obtained frommunicipalities, pounds, auctions, or by
Minn. R. 1720.1330-.1670
advertising for unwanted dogs or cats, or dogs or cats strayed, abandoned, or
stolen. A kennel, as defined by state law, does not include a pound owned
and operated by a city, a person’s home where dogs and cats arekept as
pets, or a licensed veterinarian who keeps, congregates, or confines dogs or
cats in the normal pursuit of the practice of veterinary medicine.
In addition to state laws, the city may also regulate kennelsby ordinance.
Sometimes, cities will expand the definition of kennel to include places
where more than a certain number of dogs are kept,regardless of where the
dogs came from. This type of ordinance would include homes with many
dogs, boarding facilities, etc.
Claesgens v. Animal Rescue
Unless the city can show that the kennel or pound would be a nuisance
League of Hennepin County,
everywhere within the city, the city should not adopt an ordinance
Minn., 216 N.W. 535(Minn.
prohibiting all kennels or pounds.
1927).
20LMC
EAGUE OF INNESOTA ITIES
A.G. Op. 477B7 (Oct. 15 1945).The city should set the license fee in an amount that covers its costs. The
attorney general has advised that in order to avoid a kennel fee from being
considered a revenue-raising fee, the ordinance should be based on the costs
incurred to provide for policing, regulating, and inspecting.
G.Dangerous dogs
Minn. Stat. § 347.51, subd. 8;
Cities have a legitimate interest in regulating and controlling dangerous
Minn. Stat. § 347.53;Brunotte v.
dogs because the issue relates to the safety of city residents. The process for
City of St. Paul Office Safety &
dealing with dangerous dogs is largely spelled out in state law.Cities do not
Inspections,No. A08-0173
(Minn. Ct. App.Feb. 10, 2009)
need to have an ordinance in place in order to follow the process in state
(unpublished decision);Hannan
law. However, there is some room for cities to add more strict regulation
v. City of Minneapolis, 623
through city ordinance, such as applying the same provisions to animals
N.W.2d 281 (Minn. Ct. App.
2001);American Dog Owners
other than just dogs.
Ass'n, Inc. v. City of
Minneapolis, 453 N.W.2d 69
(Minn. Ct. App. 1990).
Minn. Stat. § 347.53 State laws do not regulate potentially dangerous dogs to the same degree as
dangerous dogs. The city may adopt an ordinance that covers requirements
and procedures related to potentially dangerous dogs in addition to
dangerous dogs. Oftentimes, these requirements are similar to those required
for dangerous dogs.
Minn. Stat. §347.51, subd. 8 The city cannot adopt an ordinance regulating potentially dangerous or
dangerous dogs based solely on the specific breed of the dog. If the city does
have such an ordinance, it is considered void.
1.Definitions
Minn. Stat. § 347.50, subd. 2
A dangerous dog is defined as any dog that:
Without provocation, inflicted substantial bodily harm on a human
being on public or private property. (Substantial bodily harm means
bodily injury that involves a temporary but substantial disfigurement, or
Minn. Stat. § 347.50, subd.6
Minn. Stat. § 609.02, subd. 7a
that causes a temporary but substantial loss or impairment of the
function of any bodily member or organ, or that causes a fracture of any
bodily member.)
Haskilled a domestic animal without provocation while off the owner’s
property.
Hasbeen found to be potentially dangerous and,after the owner has
notice that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
Minn. Stat. § 347.50, subd. 3
A potentially dangerous dog isdefined asany dog that:
When unprovoked, inflicts bites on a human or domestic animal on
public or private property.
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 dog owner’s property, in anapparent attitude of attack.
ARC21
NIMAL EGULATION IN ITIES
Has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or
domestic animals.
Provocation means an act that an adult could reasonably expect may cause a
Minn. Stat. § 347.50, subd. 8
dog to attack or bite.
2.Exceptions
Minn. Stat. § 347.51, subd. 5 A dog may not be declared dangerous if the threat, injury, or damage was
sustained by a person who:
Was committing at the time a willful trespass or other tort upon the
premises occupied by the owner of the dog;
Was provoking, tormenting, abusing, or assaulting the dog or who can
be shown to have repeatedly in the past provoked, tormented, abused, or
assaulted the dog.
Was committing or attempting to commit a crime.
Minn. Stat. § 347.51, subd 4 The potentially dangerous and dangerous dog laws do not apply to dogs
used by law enforcement officials for police work.
3.Enforcing dangerous dog laws
Minn. Stat. § 347.565 The dangerous dog laws must be enforced by the animal control authority or
law enforcement agency whether or not there is a local ordinance on the
subject. An “animal control authority” is defined as an agency of the state,
Minn. Stat. § 347.50, subd. 7
county, municipality, or other governmental subdivision of the state,which
is responsible for animal control operations in its jurisdiction.
The law is not clear on the city’s role in enforcing the dangerous and
potentially dangerous dog provisionswhen it does not have an animal
control operation or law enforcement agency. However, it seems that if the
city already regulates animals it would likely also have some level of
responsibility for enforcing the dangerous and potentially dangerous laws.
Minn. Stat. § 347.51, subd. 9 An animal control authority may contract with another political subdivision
or other person to provide the services required by the dangerous dog laws.
Regardless of any contract entered into, all fees collected under these laws
must be paid to the animal control authority. Further, all certificatesof
registration must be issued in the name of the animal control authority.
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EAGUE OF INNESOTA ITIES
a.Liability for not enforcing laws
Hansen v. City of St. Paul, 214
The city should take care to followup on complaints and enforce the
N.W.2d 346 (Minn. 1974)
dangerous dog laws. In one opinion, the Minnesota Supreme Court held that
the city was liable for permitting vicious dogs to roam on city sidewalks
after it received many complaints concerning the same dogs being involved
in attacks on city sidewalks. The court held that the city breached its duty to
maintain safestreets and sidewalks by not impounding these dogs. Further,
the court there was not a failure to exercise a discretionary function so the
city was not immune from liability. It is important to note that the city must
have actual or constructive notice ofthe condition.
4.Hearing to contest designation
Minn. Stat. § 347.541, subds. 1,
The owner of any dog that is declared to be dangerous has the right to a
2
hearing by an impartial hearing officer to contest the designation. If the dog
has been seized, the person claiming an interest in the dog may prevent
Brunottev. City of St. Paul Office
disposition of the dog by posting security in an amount sufficient to provide
Safety & Inspections, No. A08-
for the dog’s actual cost of care and keeping. This must be posted within
0173 (Minn. Ct. App. Feb. 10,
2009) (unpublished decision).
sevendays of the seizure, counting the day of the seizure.
Minn. Stat. §347.51, subd. 3 The authority declaring the dog to be dangerous must give notice of the right
to a hearing by delivering or mailing it to the owner of the dog, or by
posting a copy of it at the place where the dog is kept, or by delivering it to a
person residing on the property, and telephoning, if possible. The notice
must includeall of the following:
A description of the seized dog; the authority for and purpose of the
dangerous dog declaration and seizure; the time, place, and
circumstances under which the dog was declared dangerous; and the
telephone number and contact person where the dog is kept.
A statement that the owner of the dog may request a hearing concerning
the dangerous dog declaration and, if applicable, prior potentially
dangerous dog declarations for the dog, and that failure to request a
hearing within 14 days of the date of the notice will terminate the
owner’s right to a hearing under this section.
A statement that if an appeal request is made within 14 days of the
notice, the owner must immediately comply with the requirements of
section enclosures and use of muzzle and restraint and notification if the
dog is moved or dies until such time as the hearing officer issues an
opinion.
Minn. Stat. § 347.51;Minn. Stat.
A statement that if the hearing officeraffirms the dangerous dog
§ 347.515;Minn. Stat. §347.52.
declaration, the owner will have 14 days from receipt of that decision to
comply with all other registration requirements, microchipping, and
other requirements.
A form to request a hearing under this subdivision.
ARC23
NIMAL EGULATION IN ITIES
A statementthat all actual costs of the care, keeping, and disposition of
the dog are the responsibility of the person claiming an interest in the
dog, except to the extent that a court or hearing officer finds that the
seizure or impoundment was not substantially justified by law.
Minn. Stat. § 347.541 If requested, the hearing must be held within 14 days of the request. The
hearing officer must be an impartial employee of the local government or an
impartial person retained by the local government to conduct the hearing. In
the event that the dangerous dog declaration is upheld by the hearing officer,
the dog’s owner will be responsible for the actual expenses of the hearing up
to a maximum of $1,000. The hearing officer must issue a decision on the
matter within 10days after the hearing. The decision must be delivered to
the dog’s owner by hand delivery or registered mail as soon as practical,and
a copy must be provided to the animal control authority.
Brunotte v. City of St. Paul Office
The decision to declare a dog to be dangerous must not be arbitrary and
Safety & Inspections, No. A08-
capricious. The decision is arbitrary and capricious only if 1) it relies on
0173 (Minn. Ct. App. Feb. 10,
factors not intended by the ordinance; 2) it entirely fails to consider an
2009) (unpublished decision);
Minnegasco v.Minn. Pub. Utils.
important aspect of the issue; 3) it offers an explanation that conflicts with
Comm'n, 529 N.W.2d 413, 418
the evidence; or 4) it is so implausible that it could not be explained as a
(Minn.App.1995),rev'd on other
difference in view or the result of the city’s expertise.
grounds, 549 N.W .2d 904
(Minn.1996).
5.Registration of dangerous dogs
Minn. Stat. § 347.51, subds. 1, 2 A person cannot own a dangerous dog unless the dog is registered in
accordance with the law, which is done by the owner of the dog obtaining a
certificate of registration from the animal control authority. (An owner is
Minn. Stat. § 347.50, subd. 5
any person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having care, custody, or control
of a dog.)
Minn. Stat. § 347.51, subd. 2 The animal control authority must issue a certificate of registration to the
owner if the owner presents sufficient evidence that all of the following
conditions are met:
Aproper enclosure exists for the dangerous dog and a posting on the
premises with a clearly visible warning sign that there is a dangerous
dog on the property, including a warning symbol to inform children. (A
Minn. Stat. § 347.50, subd. 4
proper enclosure means securely confined indoors or in a securely
enclosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A
proper enclosure does not include a porch, patio, or any part of a house,
garage, or other structure that would allow the dog 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 obstacles that prevent the
dog from exiting.)
24LMC
EAGUE OF INNESOTA ITIES
Asurety bond has been issued by a surety companyauthorized to
conduct business in Minnesotain a form acceptable to the animal
control authority in the sum of at least $300,000, payable to any person
injured by the dangerous dog, ora policy of liability insurance has been
issued by an insurance company authorized to conduct business in
Minnesotain the amount of at least $300,000, insuring the owner for
any personal injuries inflicted by the dangerous dog.
The owner has paid an annual fee of not more than $500, in addition to
any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.
Minn. Stat. § 347.515
The owner has had microchip identification implanted in the dangerous
dog.
6.Uniform warning symbol
The commissioner of public safety has designed a uniform warning symbol
that is intended to inform people that there is a dangerous dog on the
property. The symbol looks like this:
Minn. R. 7417.0400
Minn. Stat. § 347.51, subd. 2a If the animal control authority issues a certificate of registration,itmust also
provide a copy of the uniform warning symbol This symbol must be posted
Department of Public safety
Application for dangerous dog
on the owner’s property. The commissioner must provide the requested
warning symbols.
number of copies of the warning symbol to the animal control authority and
must also charge the animal control authority the actual cost of the warning
symbols. In turn, the animal control authority may charge the owner of the
dangerous dog a reasonable fee to cover its administrative costs and the
costs of the warning symbol.
Minn. Stat. § 347.51, subd. 7;
In addition, a registered dangerous dog must have a standardized, easily
Minn. R. 8417.0200;Minn. R.
identifiable tag that identifies the dog as dangerous. State rules providethe
8417.0300.
specific standards that must be followed. One requirement is that the tag
Department of Public safety
must include the uniform dangerous dogsymbol.
Application for dangerous dog
warning tags
Minn. Stat. § 347.51, subd. 7
Thistag must be attached to the dog’s collar at all times. The tag must have
Minn. R. 7417.0200.
the dangerous dog’s registration number inscribed on the back of the tag.
The tag must also have the following inscribed or attached to the back:
Minn. R. 7417.0200“Minnesota Statutes, section 347.51, requires that this authorized warning
symbol be posted on a dangerous dog tag and affixed to the dog’s collar at
all times. Minnesota Department of Public Safety”
ARC25
NIMAL EGULATION IN ITIES
Minn. Stat. § 347.52(b)An owner of a dangerous dog must renew the registration of the dog
annually until the dog ismoved ordeceased. If the dog movesto a new
Section VIG11,Transfer or
death of dangerous dog.
jurisdiction, the dog must be registered as a dangerous dog in its new
jurisdiction.
7.Microchip identification
Minn. Stat. § 347.515 The owner of a potentially dangerous or dangerous dog must have a
microchip implanted in the dog for identification. The name of the
microchip manufacturer and identification number of the microchip must be
provided to the animal control authority. If the owner does not have the
microchip implanted in the dog, the animal control authority may have the
microchip implanted. In either case, all costs related to the purchase and
implantation of the microchip are the owner’s responsibility.
8.Additional dangerous dog requirements
In addition to the registration requirements, there are other requirements that
must be met in order to own a dangerous dog.
Minn. Stat. § 347.52(a)If adangerous dog is outside of aproper enclosure, the dog must be muzzled
and restrained by a substantial chain or leash and under the physical restraint
of a responsible person. The muzzle must be made ina way that will prevent
the dog from biting any person or animal, but will not cause injury to the
dog or interfere with its vision or breathing.
Minn. Stat. § 347.52(d)A dangerous dog must be sterilized at the owner’s expense. If the owner
does not have the dog sterilized within 30 days, the animal control authority
must seize the dog and have it sterilized at the owner’s expense.
Minn. Stat. § 347.52(e)If a person who owns a dangerous dog rents property from another person
where the dog will reside, the dog owner must disclose to the property
owner that he or she owns a dangerous dog that will live at the property.
This disclosure must be made prior to entering a lease agreement and at the
time of any lease renewal.
9.Fees
Minn. Stat. § 347.51, subd. 3 An animal control authority may charge the owner an annual fee of not more
than $500 to obtain a certificate of registration for a dangerous dog. This fee
may be in addition to any regular dog licensing fee.
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10.Review of dangerous dog designation
Minn. Stat. § 347.51, subd. 3a Beginning six months after a dog is declared dangerous, an owner may
make ayearlyrequest that the animal control authority review the
designation. The owner must provide evidence that the dog’s behavior has
changed due to the dog’s age, neutering, environment, completion of
obedience training that includes modification of aggressive behavior, or
other factors. If the animal control authority finds sufficient evidence that
the dog’s behavior has changed, itmayrescind the dangerous dog
designation.
11.Transfer or death of dangerous dog
Minn. Stat. § 347.52(c), (f)If the dangerous dog is moved to a new home, the owner must notify the
animal control authority in writing of the transfer of the dog to a new
location within 30 days of the move. If the animal control authority requests
it, the owner must execute an affidavit under oath that sets forth the
complete name, address, and telephone number of the person to whom the
dog has been transferred or the address of the dog’s new home.
Minn. Stat. § 347.52(f)A person who transfers ownership of a dangerous dog must notify the new
owner that the animal control authority has identified the dog as dangerous.
Minn. Stat. § 347.52(c)Whena dangerous dog dies, the owner must notify the animal control
authority in writing within 30 days. If the animal control authority requests
it, the owner must execute an affidavit under oath setting forth the
circumstances of the dog’s death and the disposition of the animal.
12.Restrictions on ownership
Minn. Stat. § 347.542, subd. 1 Inthe circumstances outlined by law, a person is prohibited from owning
any dog if the person has been convicted of certain crimes. In addition, if
any member of a household is prohibited from owning a dog, no person in
the household is permitted to own a dog. The animal control authority may
make an exception to this rule by approval with or without restrictions.
Minn. Stat. § 347.542, subd. 3 The ban on ownership may be reviewedstartingthree years after the
conviction that prohibits a person from owning a dog, and annually
thereafter, at the request of the person. The law outlines the process for
review, including factors that may be considered. The animal control
authority may rescind the prohibition on ownership completely, rescind it
with limitations, or leave the prohibition in place. The animal control
authority may also establish conditions a person must meet before the
prohibition is rescinded. If the animal control authority rescinds a person’s
prohibition and that person later fails to comply with any limitations
imposed by the authority, or if the person is convicted of any animal
violation involving unprovoked bites or dog attacks, the animal control
authority may permanently prohibit the person from owning a dog in this
state.
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NIMAL EGULATION IN ITIES
13.Confiscating dangerous dogs
Minn. Stat. § 347.54, subd. 1(a)The animal control authority that has jurisdiction over a dangerous dog must
immediately seize the dog if:
Minn. Stat. § 347.51
The dog is not validly registered under the law14 days after the owner
has notice that the dog is dangerous.
Minn. Stat. § 347.51, subd. 2
The owner does not secure the proper liability insurance or surety
coverage as required under the law14 days after the owner has notice
that the dog is dangerous.
The dog is not maintained in the proper enclosure.
Minn. Stat. § 347.52
The dog is outside the proper enclosure and not under physical restraint
of a responsible person as required under the law.
Minn. Stat. § 347.52(d)
The dog is not sterilized within 30 days.
Minn. Stat. § 347.54,. subd. 1(b)If an owner of a dog is convicted of a crime for which the dog was
originally seized, the court may order that the dog be confiscated and
destroyed in a proper and humane manner, and that the owner pay the costs
incurred in confiscating, confining, and destroying the dog.
Minn. Stat. § 347.54, subd. 2 A dangerous dog that is confiscated may be reclaimed by the dog’s owner
after the owner pays the impounding and board fees and presents proof to
the animal control authority that the legal requirements for owning a
Minn. Stat. § 347.51;Minn. Stat.
§ 347.52.
dangerous dog will be met.
Minn. Stat. § 347.54, subd. 2 If a dog is not reclaimed within sevendays, it may be disposed of in the
Minn. Stat. § 35.71, subd. 3;
same manner as unclaimed or unredeemed animals.The owner is liable to
Section VB Disposition of
the animal control authority for costs incurred in confining and disposing of
animals.
the dog.
Minn. Stat. § 347.54, subd. 3.If a person has been convicted for violating a certain provisions of the
dangerous dog laws, and the person is charged with a subsequent violation
Minn. Stat. § 347.51;Minn. Stat.
§ 347.515;Minn. Stat. §347.52
relating to the same dog, the dog must be seized by the animal control
authority having jurisdiction. If the owner is convicted of the crime for
which the dog was seized, the court mustorder that the dog be destroyed in
a proper and humane manner,and that the owner pay the cost of confining
and destroying the animal. If the owneris not convicted and the dog is not
Section IVB,Disposition of
reclaimed by the owner within seven days after the owner has been notified
animals.
that the dog may be reclaimed, the dog may be disposed of in the same
manner as an unclaimed or unredeemed animal.
14.Destruction of dangerous dogs
Minn. Stat. § 347.56, subd. 2 The animal control authority may not destroy the dog until the dog owner
hashad the opportunity for a hearing before an impartial decision maker.
Minn. Stat. § 347.56, subd. 1 Notwithstanding other sections of the dangerous dog laws, a dog may be
destroyed in a proper and humane manner by the animal control authority if
the dog:
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Inflicted substantial or great bodily harm on a human on public or
private property without provocation. (Substantial bodily harm means
bodily injury which involves a temporary but substantial disfigurement,
Minn. Stat. § 347.50, subd.6
Minn. Stat. § 609.02, subd. 7a.
or which causes a temporary but substantial loss or impairment of the
function of any bodily member or organ, or which causes a fracture of
any bodily member. Great bodily harm means bodily injury that creates
a high probability of death, or that causes serious permanent
Minn. Stat. § 347.50, subd. 6 a
disfigurement, or that causesa permanent or protracted loss or
Minn. Stat. § 609.02, subd. 8
impairment of the function of any bodily member or organ or other
serious bodily harm.)
Inflicted multiple bites on a human on public or private property without
provocation.
Bit multiple human victims on public or private property in the same
attack without provocation.
Bit a human on public or private property without provocation in an
attack where more than one dog participated in the attack.
Minn. Stat. § 347.50, subd. 8 Provocation means an act that an adult could reasonably expect may cause a
dog to attack or bite.
15.Penalties
Minn. Stat. § 347.55 A violation of the dangerous dog laws may be a misdemeanor or gross
misdemeanor, depending on the situation.
VII.Regulation of cats
In addition to the general requirements already discussed earlier in this
memo, cities may impose additional requirements on care of cats by
Section V,Animal Regulation –
general Information.
ordinance.
“Feral Cats: Frequently Asked
Often the most problematic cats in the city are feral cats. Feral cats are those
,
Questions”Humane Society of
cats that were born from lost or abandoned pet cats or other feral cats. These
the United States (April 27,
cats were never pets and do not have owners. (In comparison, stray cats are
2010).
those pet cats that have wandered off or gotten loose.) Feral cats are not
tame like pet cats and can be difficult to handle.
Feral catscanthreaten the health, safety, and general welfare of the city.
Some of the more common concerns include:
Noise from fighting or mating cats.
Foul odors from cats marking their territory.
Flea infestations.
Multiplying numbers of feral cats.
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NIMAL EGULATION IN ITIES
Visible suffering and death of kittens and cats.
Cities may take action to deal with feral cats.
A.Feral cat trapping programs
“Feral Cats: Frequently Asked
If cities choose to take action on the feral cat issue, it is often done by
Questions,”Humane Society of
adopting a program.A“Trap-Neuter-Return” programisrecommended by
the United States (April 27,
the Humane Society of the United States (HSUS). At a minimum,this
2010).
programincludes trapping, neutering,or spaying cats;giving rabies
vaccinations;and surgically ear-tipping the cat. (Ear-tipping is the
universally recognized sign of a cat thathas gone through this sort of
program.)
The positive results from this sort of programinclude:
A reduction in the amount of mating-related fighting and other related
noises.
Neutered or spayed feral cats roam much less and are less visible, and
are therefore less prone to injury from cars.
A reduction in foul odors (neutered male cats are no longer able to
produce the stinky spray used to mark territory).
Reduced reproduction activity leads to fewer feral cats being born,
resulting in a lower population over time.
Somecities will have city employees trap cats. Other cities will enlist the
assistance of the residents in trapping the cats. Cities may provide the traps
for residents to pick up. Other cities will accept feral cats that were trapped
by residents and broughtto designated spots, such as the animal control
authority.
B.Feeding bans
“Feral Cats: Frequently Asked
Sometimes cities will impose“feeding bans” that prohibit residents from
Questions,”Humane Society of
feeding feral cats with the idea that if the cats are not fed, they will go away.
the United States (April 27,
While this seems like it would work, this is not often the case. One reason
2010).
relates to enforcement. Feeding of feral cats is not easily observed behavior
so it is not easy to enforce a ban. Further, some people do not like to see
animals suffering and will feed the cats despite the ban. Even if people are
not intentionally feeding them, feral cats can still find foodfrom other
sources like dumpsters and garbage cans.
“Feral Cats: Frequently Asked
Feral cats can often survive for weeks without food and, since they are
Questions,”Humane Society of
territorial animals, they willnot quickly or easily leave their territory to look
the United States (April 27,
for food. Instead, they tend to move closerto human activities to seek food.
2010).
Malnutrition makes them more likely to succumb to parasites, like fleas, that
can spread into houses, garages, businesses, etc. Finally, malnourishedcats
are likely to continue to reproduce, resulting in malnourished kittens,
causing this cycle to continue.
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C.Disposition
Section IVB Disposition of
Some cities will choose to dispose of feral cats that have been captured by
animals.
the city or turned in to the city instead of spaying and returning them. If the
city chooses this method, it should dispose of the cat in a humane manner.
VIII.Regulation of other animals
While dogs and cats are perhaps the most commonly regulated animals in
cities, there are many other types of animals that the city may want to
consider regulating. This section talks about some other groups of animals
the city may regulate.
A.Other pet animals
Other common pet animals that the city may consider regulatinginclude
birds, fish, rodents, reptiles,andamphibians. Generally, cities do not
regulate these types of pets. However, cities may consider regulating some
animals based on the health, safety, and welfare of the community. If this is
desirable, it is very important to work with the city attorney.
Turtles -21 CFR § 1240.62;
State and federal law prohibit ownership of certain animals as pets based on
“CPG Sec. 170.100 Turtles -Ban
health and safety concerns related to those particular animals. Small turtles,
on Interstate and Intrastate Sales
skunks, and exotic animals are a few examples of animals that generally
and Distribution,” FDA (Sept.
16, 2009); Minn. Stat. §
cannot be owned as pets.
145.365;Minn. Stat. § 346.155;
Section VIIE,Exotic or
regulated animals.
B.Police dogs and service animals
Police dogs and service animals bear special consideration when the city is
drafting ordinances. State law regularly exempts these two special
categories of animals from regulations based on the work they do. Cities
should also exclude these animals from ordinance regulations where
appropriate.
1.Police dogs
State lawsoften explicitly exempt police dogs from the requirements.For
example, state statutes regulating dangerous dogs do not apply to dogs used
Minn. Stat. § 347.51, subd. 8
by law enforcement for police work.It makes sense for cities to also
consider when it might be appropriate to exempt police dogs from city
ordinances, such as ordinances regulating dangerous animals. Exempting
police dogs from certain requirements reflect the unique nature and uses of
police dogs.
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NIMAL EGULATION IN ITIES
2.Service animals
A service animal is an animal that has been trained to assist a person with a
disability. A city cannot prohibit a person who is blind or deaf or has a
Minn. Stat. § 343.20, subd. 7
differentphysical or sensory disability from taking a service animal into a
public place or conveyance.The animal must be properly harnessed or
Minn. Stat. § 363A.19and .09;
Minn. Stat. § 256C.02.
leashed so that the person canmaintain control of the animal.Ablind,
“ADA Guide for Small Towns,”
physically disabled, or deaf person cannot be required to pay an additional
Department of Justice.
charge when taking a service animal into a public place.
Minn. Stat. § 343.21 Under state law, a person mustnot intentionally and without justification do
either of the following to a service animal while it is providing service or
while it is in the custody of the person it serves:
Cause bodily harm to theservice animal.
Otherwise render the animal unableto perform its duties.
Minn. Stat. § 343.21, subd. 9 The penalties for violating this law vary, depending on thenature and
severity of the situation. A violation may result in imprisonment or a fine.
The court must also order the person violating the law to pay restitution for
the cost and expenses resulting from the incident.
Minn. Stat. § 343.21, subd. 10 Upon conviction, the court must require that if the pet or companion animal
was notseized by a peace officer or agent and is in the custody or control of
the person, the pet or companion animal must be turned over to a peace
officer or other appropriate person unless the court determines that the
person is able and fit to provide adequately for the animal. The court may
limit the person’s further possession or custody of a pet or companion
animal and may impose conditions on possession or custody.
C.Farm animals
Farm animals generally include animals that typically live on farms, such as
cattle, sheep, goats, pigs, horses.A citycan define “farm animals” in its
ordinance to include whatever animals it wishes.
Section IVA Minnesota Pet and
In addition to the Animal Welfare Act requirements, cities take different
Companion Animal Welfare Act.
approaches in how they regulate farm animals in their communities. Some
cities will only allow farm animals in certain zoning districts, such as land
zoned for agricultural uses. Other cities take a differentapproach and allow
some farm animals anywhere in the city as long as the requirements in the
ordinances are met, such as having a lot over a specified size.It is important
to be clear what animals the ordinance covers and to provide clear
definitions.
1.Farm animals atlarge
Minn. Stat. § 346.16;Minn. Stat.
If any person herds cattle, horses, asses, mules, sheep, swine, or goats on
§ 61.09
land over the protest of the land owner, the animals are considered to be
running atlarge. Court opinions havedetermined that for the purposes of “at
Stewart v. Frisch, 381 N.W.2d 1
large,” this means that the animals are not restrained or confined. Any
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(Minn. Ct. App. 1986)
person who knowingly allows animals to run atlarge is liable for damage
caused.
2.Chickens
Like other animals, cities take different approaches forregulating chickens.
Some cities include chickensin the same regulations that apply to other
farm animals or livestock. Other cities have ordinances that allow chickens
in the city under certain circumstances. However the city decides to regulate
chickens, it is important to be clear about the regulations.
State v. Nelson, 499 N.W.2d 512,
A Minnesota court has found that, unless specifically included in the
514 (Minn. Ct. App. 1993)
definition, chickens and roosters do not fall under the regulation of
ordinances that reference livestock. If the city would like to include
chickens in this category, it may do so by defining the term to include
chickens, poultry, fowl, or other similar descriptions. The bottom line here is
that if the city wants to regulate chickens, it should make sure that chickens
are covered by the ordinance.
“Urban chickens,”also called “city chickens,”are becoming a more
common issue in cities across the state and country. The urban chicken
“movement” is often linked to the increased desire for people to be closer to
their food sources. Urban chickens allow people to raise chickens at their
homes to have access to fresh eggs on a regular basis. This is the small-scale
keeping of chickens and is much different than a business that raises hens
for eggs and meat. Those sorts of businesses are regulated differently than
residentswho want to keep a few chickens in their backyards.
“Health risks associated with
There are no state laws that address urban chickens or keeping of chickens
raising chickens,”Centers for
in cities, so it is up to the citycouncilto decide if it wants to regulate the
Disease Control and Prevention.
keeping of chickens. The city may choose to allow, allow if a permitis
obtained from the city, or prohibiturban chickens. The city can do this in a
number of ways, including regulation under the general animal or farm
Contact the LMC Research dept.
animal ordinance or by passing an ordinance specific to keeping chickens.
for sample ordinances.
If the city does choose to regulate the keeping of urban chickens, some
common requirements are:
Allowing only hens (no roosters).
Limiting the number of hens allowed.
Maintaining coops or runs in a sanitary and humane condition.
Keeping chickens contained or under control at all times.
Locating coops a certain distance from property lines and other
structures like houses.
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NIMAL EGULATION IN ITIES
3.Farm animals as pets
It is not uncommon for a resident to want to keep a farm animal, such as a
miniature horse or potbelly pig, as a pet. Again, cities approach this issue in
different ways. Some city ordinances would not allow for these animals as
pets because the ordinance includes them as farm animals and prohibits
them in residentially zoned areas. Other cities may allow for these types of
animals by specific ordinance provisions, sometimes requiring a permit
from the city. Given that these animals have been gainingin popularity, it is
a good idea for the city to consider the issue and have an ordinance in place.
D.Insects and bugs
Insects and bugs are a part of life in Minnesota. While cities cannot really
regulate where insects and bugs choose to live, there are some things a city
can do, such as regulating beekeeping or abating mosquitoes.
1.Beekeeping
“Apiary Program Information,”
Since 2006, beekeeping is no longerregulated by state law, except for
Minnesota Department of
apiary inspection services related to the transportation of bees to other
Agriculture.
states. Cities may choose to regulate beekeeping in city limits. Some cities
Minn. Stat. § 17.445
prohibit the practice while others allow it after obtaining a permit or allow it
outright.
2.Mosquitoes
Minn. Stat. § 18G.14 The abatement or suppression of mosquitoes is advisable and necessary for
the maintenance and improvement of the health, welfare, and prosperity of
the people. Areas where mosquitoes incubate or hatch are consideredpublic
nuisances and may be abated under state law. Cities have the direct authority
to participate in mosquito abatement efforts. The city establishes a mosquito
abatement board to oversee the abatement efforts. The city may levy a tax or
issue certificates of indebtednessto pay for the program.
3.Local pest control
Acity may establish and fund a program to control native or exotic pests
that are likely to cause economic or environmental harm or harm to human
health. The city may levy a tax or issue certificates of indebtedness to pay
for the programs. This sort of program may be useful in dealing with tree
pests such as the emerald ash borer.
A.Exotic or regulated animals
Minn. Stat. § 346.155, subd. 1(e)State law governs the owning and possessing ofexotic animals, called
“regulated animals” in the statutes. With very limited exceptions, a person
may not own or possess a regulated animal.
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Regulated animals are defined as:
All members of the Felidae family including, but not limited to, lions,
tigers, cougars, leopards, cheetahs, ocelots, and servals, but not
including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a
national or international multibreed cat registry association.
Bears.
All nonhuman primates, including, but not limited to, lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
Minn. Stat. § 346.155, subd. 1(e)Further, the term “regulated animal” includes any hybrids or crosses
between an animal listed above and a domestic animal and offspring from
all later generations of the hybrids or crosses.
If a person owned or possessed a regulated animal on Jan.1, 2005,and
meets all of the requirements of the law, the person was allowed keep that
animal. There are also provisions governing replacement of an animal that is
lawfully possessed. The law also outlines a process that a city is required to
follow if it needs to seize or dispose of a regulated animal.
Minn. Stat. § 346.155, subd. 7 The lawson regulated animals do not apply to certain institutions
enumerated by law, such as certain wildlife sanctuaries, zoos, licensed game
farms, fairs, and others.
IX.Hunting and fishing
Minn. Stat. chs. 97A,97B,97C.Issues related to wild animals, including hunting and fishing, are regulated
by state laws. This means that cities have a limited role in regulating wild
animalsas well as hunting and fishing. However, allpeace officers are
Minn. Stat. § 97A.201
required by law to enforce the game and fish laws. County attorneys are also
required to enforce these laws.
Minn. Stat. chs. 97A,97B,97C.Cities with large populations of wild animals, such as deer, are often faced
with questions about hunting within city limits. Because state law regulates
“Hunting and Trapping
Information,”Minnesota DNR;
firearmsin addition tohunting, the city is limited in what it can do to
Minn. Stat. §§ 624.711 -
regulate hunting within the city.
624.717
Minn. Stat. § 471.633 While cities cannot regulate firearmsor hunting, the city may regulate, by
ordinance, the discharge of firearms. (The city may also adopt an ordinance
that includes regulations identical to state law.)By regulating the discharge
of firearms, the city can have some control over hunting within its
jurisdiction.
Minn. Stat. § 97A.401, subd 4 Cities may also work with the Minnesota Department of Natural Resources
to hold a special hunt for certain animals, such as deer, within the city. This
is often done when there is an overabundance of a particular animal in the
area. The city may charge an administrative fee in connection with special
hunts under their jurisdiction. Fees to be collected mustbe based upon the
estimated cost of conducting the special season or administering the special
restrictions.
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NIMAL EGULATION IN ITIES
Minn. Stat. § 97A.137, subd. 4 Certain wildlife management areas that are in cities are exempt from local
ordinances that limit the taking of game and fish or vegetation management.
The size of the management area will determine if and what restrictions are
in place.
X.Animal health and safetylaws
A.Animal cruelty provisions
Minn. Stat. § 343.20 The state animal cruelty laws apply to all living creatures except people.
Torture or cruelty is defined by state law as every act, omission, or neglect
which causes or permits unnecessary or unjustifiable pain, suffering, or
death. For purposes of these laws, an animal control officer is an officer
employed by or under contract with an agency of the state, county,
municipality, or other governmental subdivision of the state,which is
responsible for animal control operations in its jurisdiction.
Minn. Stat. ch. 343.The state law provisions on animal cruelty cover a broad range of subjects
and types of animals. This memo focuses on the more common areas
applicable to cities, so if the city is dealing with a different type of animal or
situation, a good place to start is to look at the state law chapter on animal
cruelty.
1.General prohibitions
Minn. Stat. § 343.21
Among other things prohibited by laws,a person must not:
State v. Utech, No. A09-1766
Overdrive, overload, torture, cruelly beat, neglect, or unjustifiably
(Minn. Ct. App. Sept. 28,
injure, maim, mutilate, or kill any animal, or cruelly work any animal
2010)(unpublished decision)
when it is unfit for labor.
Abandon any animal.
Willfully instigate or in any way further any act of cruelty to any
animal, or anyact tending to produce cruelty to animals.
Minn. Stat. § 343.27
Unjustifiably administer,or permit to be administered,any poisonous or
noxious drug or substance to any animal,or unjustifiably exposethat
drug or substance with intent for the drug to be taken by any animal.
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2.Food and shelter
Minn. Stat. § 343.29 Any peace officer, animal control officer, or other authorized personmay
remove, shelter, and care for any animal that is not properly sheltered from
cold, hot, or inclement weather,or any animal not properly fed and watered.
Section IIIA2,Lawfully entering
onto private property.
Theauthorized person may deliver the animal to another person to be
sheltered and cared for. The owner, if known, mustbe immediately notified,
and the city or entityhavingpossession of the animalhasa lien for its actual
Minn. Stat. § 343.235, subd. 3
costs of care, keeping,and the expenses of the notice. If the owner or
custodian is unknown and cannot be determined by reasonable effort, or
does not, within 10days after notice, redeem the animal by paying the
Minn. Stat. § 343.235
expenses, the animal may be disposed of.
Section XA7,Disposal of cruelly
treated animals.
3.Animal cruelty transportation provisions
Minn. Stat. § 343.24 An animal cannot be transported without suitable racks, cars, crates, or
cages that allow the animal to both stand and lie down. An animal generally
cannot be transported with its feet or legs tied together or in any other cruel
or inhumane manner.
4.Doghouses
Minn. Stat. § 343.40 A person that is in charge or control of any dog that is kept outdoors must
provide a shelter for the dog that meets theminimum standardsprescribed
by law for doghouses.A violation of these laws is a petty misdemeanor.
The shelter mustbeamoisture-proof and windproof structure of suitable
size to accommodate the dog and allow retention of body heat. Itmustbe
made of durable material with a solid, moisture-proof floor or a floor raised
at least two inches from the ground. Between Nov.1 and March 31 the
structure must have a windbreak at the entrance. The structure mustbe
provided with a sufficient quantity of suitable bedding material consisting of
hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation
and protection against cold and dampness and promote retention of body
heat. If the dog lives on a farm, the dog may instead be provided with access
to a barn with a sufficient quantity of loose hay or bedding to protect against
cold and dampness.Shade from the direct rays of the sun must be provided
during the months of May to October.
All shelters are subject to all city building or zoning regulations.
5.Infectious or contagious diseases
Minn. Stat. § 343.28 If an owner or person having charge of any animal knows the animal has, or
has recently been exposed to,any infectious or contagious disease, the
personmust not sell or barter the animal, or knowingly permit the animal to
run at large or come into contact with any other animal, or with another
person without that person’s knowledge and permission.
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NIMAL EGULATION IN ITIES
6.Investigating cruelty complaints
Minn. Stat. § 343.12 It is the duty of lawenforcement to investigate any alleged violation of the
animal cruelty laws. An officer must arrest any person found violating those
laws,and must take possession of any animals that have been cruelly
treated,and deliver them to the proper officers of the county or district for
custody and care.
Minn. Stat. §§ 343.22-.235 State law providesadetailedprocess, including notice and hearing
requirements,forinvestigating cruelty complaints. The general idea isthat a
person may make a complaint to a court. If appropriate, the court issues a
search warrant and an order for an investigation to a peace officer in the
county. The situation is then investigated. The expense of the investigation
must be paid by the county.
Disposal of cruelly treated animals
7.
Minn. Stat. § 343.235 An animal taken into custody under certain animal cruelty provisions must
be kept for 10days after the animal is taken into custody.
Minn. Stat. § 343.12;Minn. Stat.
§ 343.22;Minn. Stat. § 343.29;
Minn. Stat. § 343.31.
Minn. Stat. § 343.235, subd. 3 The entity taking custody of the animal must give notice of the provisions of
this law by delivering or mailing it to a person claiming an interest in the
animal, by posting a copy of it at the place where the animal is taken into
custody, or by delivering it to a person residing on the property, and
telephoning, if possible. The notice must includeall of the following:
A description of the animal seized; the authority and purpose for the
seizure; the time, place, and circumstances under which the animal was
seized; and the location, address, telephone number, and contact person
where the animal is kept.
A statement that a person claiming an interest in the animal may post
security to prevent disposition of the animal and may request a hearing
concerning the seizure or impoundment and that failure to do so within
10days of the date of the notice will result in disposition of the animal.
A statement that all actual costs of the care, keeping, and disposal of the
animal are the responsibility of the person claiming an interest in the
animal, except to the extent that a court or hearing officer finds that the
seizure or impoundment was not substantially justified by law.
The notice must also include a form that a person claiming an interest in the
animal can use for requesting a hearing.
Minn. Stat. § 343.235, subd. 2 A person claiming an interest in the animal may prevent disposition of the
animal by posting security in an amount sufficient to provide for the
animal’s actual costs of care and keeping. The security must be posted
within 10days of the seizure inclusive of the date of the seizure.
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Minn. Stat. § 343.235, subd. 3.A person claiming an interest in the animal may request a hearing to
determine the validity of the seizure and impoundment. The request must be
made within 10 days of the seizure,and the hearing must be held within five
business days of the request.
Minn. Stat. § 343.235 If the seizure was done pursuant to a warrant, the hearing must be conducted
by the judge who issued the warrant. If the seizure was done pursuant to
Minn. Stat. § 343.22
other statutes, the city taking custody of the animal may either 1) authorize a
Minn. Stat. § 343.12;Minn. Stat.
§ 343.29;Minn. Stat. § 343.31.
licensed veterinarian withno financial interest in the matter or professional
association with either partyto conduct the hearing,or 2) use a hearing
officer to conduct the hearing. If aperson claiming an interest in the animal
is aggrieved by a decision of a hearing officer under this subdivision, the
personmay seek a court order governing the seizure or impoundment within
five days of notice of the order.
Minn. Stat. § 343.235, subd. 3 The judge or hearing officer may authorize the return of the animal, if the
judge or hearing officer finds both of the following to be true:
The animal is physically fit.
The person claiming an interest in the animal can and will provide the
care required by law for the animal.
Minn. Stat. § 343.235, subd. 3 The person claiming an interest in the animal is liable for all actual costs of
care, keeping, and disposal of the animal, unless the court or hearing officer
finds that the seizure or impoundment was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory arrangement for
payment must be made between the municipality and the person claiming an
interest in the animal before the animal is returnedto the person.
Minn. Stat. § 343.235, subd. 1 If the provisions of the law have been followed,and the city still has custody
of the animal, the city may humanely dispose of the animal at its discretion.
B.Animal fighting
7 USC§ 2156;Minn. Stat. §
Animal fighting is a type of cruelty specifically prohibited by both federal
343.31, subd. 1
and state law. Under state law, anyone who does any of the following is
guilty of a felony:
Promotes, engages in, or is employed in the activity of cockfighting, dog
fighting, or violent pitting of one pet or companion animal against
another of the same or a different kind.
Receives money for the admission of a person to a place used, or about
to be used, for that activity.
Willfully permits a person to enter or use for that activity premises of
which the permitter is the owner, agent, or occupant.
Uses, trains, or possesses ananimal for the purpose of participating in,
engaging in, or promoting that activity.
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Minn. Stat. § 343.31, subds. 2,3 There is a rebuttable presumption that a dog,bird, or otheranimalhas been
trained or is being trained to fight if:
The animalexhibits fresh wounds, scarring, or other indications that the
animalhas been or will be used for fighting.
The person possesses training apparatus, paraphernalia, or drugs known
to be used to prepare animalsfor fighting.
Minn. Stat. § 343.31, subd. 1 Any person that purchases a ticket of admission or otherwise gains
admission to an animal fighting activity is guilty of a gross misdemeanor.
Minn. Stat. § 343.31, subd. 1 The provisions regarding animal fighting do not apply to the taking of a wild
animal by hunting.
Minn. Stat. § 43.31 Fighting dogs and birds are considered dangerous weapons and constitute an
immediate danger to human safety. A peace officer or animal control
Section IIIA1,Due Process
rights.
authority may remove, shelter, and care for an animal found in the
circumstances where an animal has been trainedor is being trained for
fighting. If necessary, they may deliver the animal to another person to be
sheltered and cared for. Thepeace officer or animal control authority must
immediately notify the owner, if known. The person assuming care of the
animal hasa lien on it for the actual cost of care and keeping of the animal.
If the owner or custodian is unknown and cannotbe determinedby
reasonable effort, or does not, within 10days after notice, redeem the animal
by paying the expenses authorized by this subdivision, the animal may be
disposed of.
Minn. Stat. § 343.31, subd. 5 An animal taken into custody may be humanely disposed of at the discretion
of the jurisdiction having custody of the animal 10days after the animal is
taken into custody, if the statutory process is followed and due process is
provided. The owner or person claiming an interest in the animal is liable
for all actual costs.
C.Board of Animal Health
Minn. Stat. § 35.03 The state Board of Animal Health is set up to protect the health of domestic
animals in the state. The board has many powersand duties spelled out by
Board of Animal Health,625
Robert Street North,St. Paul,
law to carry out this mission.
MN 55155;651-296-2942.
Minn. Stat. § 35.05.
Minn. Stat. §§ 35.06-.0661 One of its responsibilitiesis to deal with animals with contagious,
infectious, or dangerous diseases. A person who knows or reasonably
suspects that a domestic animal has a contagious or infectious disease must
immediately notify the board. The board, or any member or authorized agent
of the board, may investigate the matter. The board may establish and
maintain, at the owner’s expense, a quarantine of domestic animals imported
into the state when, in its judgment, thatis necessary to protect the health of
Minnesota domestic animals.In some cases,the governor may declare an
emergency to allow the board to establish quarantine zones of control to
protect the health of domestic animals from animal diseases of potentially
disastrous proportions.
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XI.Conclusion
Cities have broad authority to regulate many types of animals in many types
of situations. When coupled with applicable federal and state laws, cities can
effectively regulate and control animals in the city to make it a safer,
healthier, happier place to live.
Contact the League Research
The League has samples ordinances available on all of the topics discussed
Departmentat 800-925-1122.
in this memo. Please contact the research department to request sample
ordinances.
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