HomeMy WebLinkAboutOrdinance 1004 - Licensing and Regulation of AnimalsCHAPTER X – NUISANCES & OFFENSES
1004-0
ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS .......................... 1004-1
Section 1004.01: DEFINITIONS.................................................................................. 1004-1
Section 1004.02: MAINTENANCE OF ANIMALS .................................................... 1004-2
Section 1004.03: ANIMAL IDENTIFICATION ......................................................... 1004-4
Section 1004.04: MULTIPLE ANIMAL PERMITS .................................................... 1004-4
Section 1004.05: KEEPING OR HARBORING PROHIBITED ................................. 1004-4
Section 1004.06: ANIMALS AT LARGE PROHIBITED ........................................... 1004-5
Section 1004.07: ABANDOMENT OF ANIMALS PROHIBITED ............................ 1004-5
Section 1004.08: RABIES CONTROL ........................................................................ 1004-5
Section 1004.09: NUISANCE NOISE, PROPERTY DAMAGE, REMOVAL OF
ANIMAL EXCREMENT .............................................................................................. 1004-5
Section 1004.10: IMPOUNDMENT ............................................................................ 1004-6
Section 1004.11: REDEMPTION ................................................................................. 1004-6
Section 1004.12: DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS1004-6
Section 1004.13: POTENTIALLY DANGEROUS ANIMALS ................................. 1004-7
Section 1004.14: DANGEROUS ANIMALS............................................................... 1004-7
Section 1004.15: ANIMAL BITING ............................................................................ 1004-9
Section 1004.16: PENALTY ........................................................................................ 1004-9
CHAPTER X – NUISANCES & OFFENSES
1004-1
ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS
Section 1004.01: DEFINITIONS. As used in this Ordinance, unless the context otherwise
indicates, the following words shall be defined to mean:
a. Animal Control Officer. Any city officer or employee designated to enforce any
portion of this Ordinance.
b. Animal Shelter. Any premises designated by the City for the purpose of impounding
or caring for animals held under the authority of this Ordinance.
c. At Large. Off the premises of the owner and not under the control of the owner, or
other competent person, by leash not exceeding eight (8) feet in length.
d. Dangerous Animal. An animal that has:
1. Without provocation, inflicted substantial bodily harm on a human being on
public or private property; or
2. Killed or caused substantial bodily harm to a domestic animal without
provocation while off the owner’s property; or
3. Been found to be potentially dangerous, and after the owner has noticed that
the animal is potentially dangerous, the animal aggressively bites, attacks, or
endangers the safety of humans or domestic animals; or
4. Been declared a Dangerous Dog pursuant to Minnesota Statutes by the animal
control authority or another jurisdiction
e. Domestic Animal. Various non-venomous animals domesticated so as to live and
breed in a tame condition. Domestic animals are to be considered those specifically
allowed by this Ordinance.
f. Kennel. Any place, building, tract of land, where three or more dogs are kept and
maintained. A Kennel does not include a veterinarian licensed to practice in the State
of Minnesota. A Kennel does not include an animal shelter owned and operated by
any political subdivision of the State or providing animal sheltering services under
contract with any political subdivision of the State. A kennel does not include those
that obtain a Multiple Animal Permit to foster up to four animals in partnership with a
City designated animal shelter.
g. Non-Domestic Animal. Those animals considered to be naturally wild and not
naturally trained or domesticated; or which are considered to be farm animals or
inherently dangerous to the health, safety, and welfare of people. Non-domestic
animals are those specifically prohibited by this Ordinance.
h. Owner. Any person, keeper, custodian, or legal entity owning, harboring, or keeping
an animal, whether temporary or permanent.
i. Potentially Dangerous Animal. An animal which has:
1. When unprovoked, bitten a human or a domestic animal on public or private
property; or
CHAPTER X – NUISANCES & OFFENSES
1004-2
2. When unprovoked, chased or approached a person, including a person on a
bicycle, upon the streets, sidewalks, or any public or private property, other
than the animal owner’s property, in an apparent attitude of attack; or
3. A known history, tendency, or disposition to attack while unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals; or
4. Been declared a Potentially Dangerous dog pursuant to Minnesota Statute by
the animal control authority of another jurisdiction
j. Premises. Any building, structure, shelter or land whereupon animals are kept or
confined.
k. Provocation. An act that an adult could reasonably expect may cause an animal to
attack or bite.
l. Substantial Bodily Harm. Bodily injury that involves a temporary, but substantial
disfigurement, 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.
m. Unprovoked. The condition in which the animal is not purposely agitated or
disturbed. It is a rebuttable presumption that any attack on a child fourteen years of
age or younger for which a reasonable person connotes as intent to inflict bodily harm
will be considered to be unprovoked unless the child is engaged in the commission of
a crime or illegal activity, including activities classified under Minnesota Statutes as
cruelty to animals.
Section 1004.02: MAINTENANCE OF ANIMALS. It shall be unlawful for any person
to own or harbor an animal within the corporate limits of the City unless specifically permitted
by this Ordinance or by special permit.
Subd. 1: Permitted Animals. Except for kennels licensed under this Ordinance and/or
animal owners who have been issued a Multiple Animal Permit as designated in this Ordinance,
the following animals shall be permitted within the City:
a) Up to two (2) domestic dogs over three months old per household.
b) Up to three (3) domestic cats over three months old per household.
c) Up to fifteen (15) domestic cats or dogs under three months old per household.
d) Fish maintained in an aquarium.
e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage
located within a building.
f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than
16" in length, and maintained in an aquarium or cage located within a building.
CHAPTER X – NUISANCES & OFFENSES
1004-3
g) Nonpoisonous insects maintained in an aquarium or cage located within a
building.
h) Birds purchased from a licensed pet seller and maintained in a bird cage located
within a building.
i) Chickens subject to the following requirements:
1. Chickens may be kept on properties zoned R-1, R-1 PUD, and R-4 provided
the following requirements are adhered to:
2. Maximum number of chickens allowed:
Lot Size Number of chicken
.50 acre or smaller 4
.51 acres – 1 acre 6
1.1 – 5 acres 8
5.1-10 acres 10
10.1 acres or greater No limit
3. Coop
A. Coop must be fully enclosed on four sides, be in the rear yard, and be
located closer to the property owner’s principal structure than the
neighboring property’s principal structure. Coop shall meet accessory
structure setback requirements.
B. Coops must provide adequate shelter at all times, kept in good repair,
and built with weather resistant materials.
4. Runs
a. Runs must be attached to the coop, completely enclosed and located
closer to the property owner’s principal structure than the neighboring
property’s principal structure.
b. Runs cannot be constructed of unfinish, chipped, decayed, or any other
material that can pose a safety risk.
5. General Requirements
a. Food storage shall be kept in watertight, rodent proof containers stored
inside coops or buildings.
b. Crowing hens, breed chickens, roosters or adult male chickens are not
allowed.
c. Chickens shall not roam free outside of the coop area at any time.
d. Slaughtering of chickens is not allowed.
e. Deceased chickens shall be disposed of immediately in a safe manner,
which may include trash disposal after placing the deceased bird in a
sealed bag.
f. Manure shall be kept in leak-proof containers with covers and any
manure on site shall not create a public nuisance.
g. A one-time permit is required.
CHAPTER X – NUISANCES & OFFENSES
1004-4
Subd. 2: Prohibited Animals. The ownership or harboring of the following animals
within the City is prohibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, geese, sheep,
goats, ducks and turkeys.
b) Predatory animals usually found in the wild, including but not limited to lions,
bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the
monkey family.
c) Animals, the importation or sale of which as a pet, is prohibited by state or federal
law.
d) Minnesota animals found in the wild, the hunting or trapping of which is totally
prohibited or which requires a big game license.
Section 1004.03: ANIMAL IDENTIFICATION. All dogs are required to have some
identification on them that would assist in identifying the owner. Identification under this section
include microchips, veterinarian issued rabies certificates, or any tags or collars with contact
information and phone number(s) inscribed on it.
Section 1004.04: MULTIPLE ANIMAL PERMITS. Prior to exceeding the animal limits
set forth above, owners must make application for an annual animal permit that allows them to
exceed the limits listed in this Ordinance by no more than two animals. Multiple Animal Permits
will only be issued to residents that are experiencing extraordinary circumstances such as
military deployment, or will be fostering animals for the Tri-County Humane Society. Applicants
must provide information for each animal in excess of the limit, including: name, color, species,
age and housing provided for each animal.
A multiple animal permit may be modified from time to time or revoked by the City for
failure to conform to required restrictions, limitations or prohibitions. Such modification or
revocation shall be effective from and after ten (10) days following the mailing of written notice
to the person keeping or maintaining the animals.
a. Fostering. Owners who provide foster care for animals through the Tri-County Humane
Society may be granted annual permits without providing information regarding the
identification of each animal fostered.
b. Military deployment/other exceptions. Owners that possess animals in excess of the
limitations set by this Ordinance for a deployed armed services member are required to
show proof of ownership and deployment. Other extraordinary circumstances may be
approved by the City on a case by case basis.
Section 1004.05: KEEPING OR HARBORING PROHIBITED. No person shall own,
care for, have custody or control of, within the City limits, any non-domestic animal and/or any
animal specifically prohibited as provided for in this Ordinance.
CHAPTER X – NUISANCES & OFFENSES
1004-5
Subd. 1 Exceptions: Certain animals are permitted within the City’s Agricultural and
Rural Residential Zoning District as specifically provided within the City’s Zoning Ordinance.
Section 1004.06: ANIMALS AT LARGE PROHIBITED. It shall be unlawful for the
owner of any animal to permit the same to run at large anywhere in the City of St. Joseph other
than the property of the owner thereof and City designated off-leash dog park areas. Owners of
animals found running at large are subject to a fine determined by the City’s fee schedule.
Animals in the Agricultural and Rural Residential Zoning Districts shall be allowed to run at
large unless this issue becomes a nuisance generating complaints from neighbors.
Section 1004.07: ABANDONMENT OF ANIMALS PROHIBITED
It shall be unlawful to abandon any dog or other animal within the City.
Section 1004.08: RABIES CONTROL.
Subd. 1: All dogs over the age of six (6) months, kept, harbored, maintained or
transported within the City shall have current vaccinations given by a licensed veterinarian for
rabies.
Subd. 2: A copy of certificate of vaccination shall be provided to the City upon request.
Subd. 3: Animals known to have been bitten by or exposed to a rabid animal must be
euthanized or the animal’s owner must adhere to procedures as described in the National
Association of State Public Health Veterinarians (NASPHV) Compendium of Animal Rabies
Prevention and Control. Notification of exposure shall be made immediately to the City. Costs
associated with exposure are incurred at the animal owner’s expense.
Section 1004.09: NUISANCE NOISE, PROPERTY DAMAGE, REMOVAL OF
ANIMAL EXCREMENT.
Subd. 1: Nuisance Noise. It is unlawful for any owner to maintain at any place within the
City any animals which, by their habitual whining, barking, howling or other disagreeable
noises, disturbs the people in the locality where kept.
Subd. 2: Damage to Property. No person having the custody or control of a dog or other
animal will permit the animal to damage any lawn, garden, or other property, public or private,
or to defecate on private property, without the consent of the property owner.
Subd. 3: It is the responsibility of each person having the custody or control of a dog or
other animal to promptly remove any feces left by such dog or animal on any sidewalk, gutter,
street, park land or other public property, or any public area, and to dispose of the feces in a
sanitary manner and to have in immediate possession a device or equipment for the picking up
and removal of feces. For the purpose of this subdivision, “public area” will include any property
open for public use or travel, even though it is privately owned.
CHAPTER X – NUISANCES & OFFENSES
1004-6
Subd. 4: It shall be unlawful for any person, owning or harboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor
which can be detected from adjacent property, which is unsightly or offensive to the sight or
which creates a public health risk.
Section 1004.10: IMPOUNDMENT. The Animal Control Officer or designee may
impound any dog found at large at any time within the City.
Section 1004.11: REDEMPTION. Animals may be redeemed from the Animal Shelter by
the owner at any time during office hours, within five (5) business days after seizure and
impounding, upon a statement of ownership, and payment of the impounding fee, including the
cost of caring for the animal during the impound period. The animal will be released to the
owner, unless it is being held for rabies observation or for potentially dangerous or dangerous
dog designation. Any animals not redeemed by the owner shall become the property of the
Animal Shelter.
Section 1004.12: DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
The Animal Control Officer or their designee will designate any animal as dangerous or
potentially dangerous upon receiving evidence that such animal meets the definition set forth in
this ordinance.
Subd. 1: Exemptions. Animals may not be designated as dangerous or potentially
dangerous if the threat, injury, or damage was sustained by a person who was:
a) Committing, at the time, a willful trespass or other tort upon the premises occupied by
the owner of the animal;
b) Provoking, tormenting, abusing, or assaulting the animal or who can be shown to
have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
c) Committing or attempting to commit a crime.
Subd. 2: Notification and Procedure. When an animal is declared dangerous or potentially
dangerous, the owner shall be notified in writing.
a) The notice shall state the date, time, place the animal bit, chased, attached or
threatened and shall advise the owner that they have fourteen (14) days to appeal the
determination by requesting a hearing
b) The owner must immediately comply with the Proper Enclosure requirements as
defined in this ordinance, even if appealing the designation.
Subd. 3: Noncompliance of Order. If an owner of a dangerous or potentially dangerous
animal fails to comply with any conditions set forth in this ordinance and fails to request
a hearing within fourteen (14) days of the designation, the animal shall be seized.
CHAPTER X – NUISANCES & OFFENSES
1004-7
a) Notice shall be provided to the owner of the basis for the seizure and the right to
request a hearing to determine whether the conditions were violated
Subd. 4: An owner of a dangerous or potentially dangerous animal must notify the Police
Department in writing within fourteen (14) days of any transfer to a new owner or location, or
death of the animal. This notification shall include proof of death or the complete name, address,
and telephone number of the person to whom the dog has been transferred or the address where
the dog has been relocated.
Subd. 5: Review of Designation. Beginning six (6) months after and animal’s designation
as dangerous or potentially dangerous, an owner may request in writing that the designation be
reviewed by the city. The owner must also provide evidence that the dog’s behavior has changed
and that no violation of this ordinance has occurred during the time period.
Section 1004.13: POTENTIALLY DANGEROUS ANIMALS. An animal that has been
determined to be potentially dangerous shall do the following:
a) The animal shall be required to be restrained by a leash not to exceed six (6) feet in
length, and/or muzzled, and under the control of a person eighteen (18) years of age
or older at all times it is outdoors and not inside a proper enclosure; and
b) If the animal is a dog or cat, the owner shall provide proof of spay or neuter; and
c) The owner shall be required to complete an approved dog obedience class; and
d) The owner of a potentially dangerous animal shall have a microchip installed or
injected on the animal, to the extend that the species of the animal allows placement
of the chip. The identification number and microchip manufacturer shall be provided
to the city. All costs related to the installation and maintenance of the chip are the
owner’s responsibility. If the animal is impounded, the microchip will be installed or
injected prior to its release
Section 1004.14: DANGEROUS ANIMALS: The Animal Control Officer or designee,
after designation of an animal as dangerous, has the authority to determine the disposition of the
dangerous animal.
a) The dangerous animal will be euthanized; or
b) The dangerous animal will be housed in a proper enclosure. Proper enclosure means
securely confined indoors or in a securely locked pen or structure to prevent the
animal from escaping and to provide protection for the animal from the elements. A
proper enclosure does not include a porch, patio, or any part of a house, garage, or
other structure that would allow the animal to exit of its own volition, or any house or
structure in which windows are open or in which door or window screens are the only
barrier which prevent the animal from exiting. Such enclosure will not allow the
egress of the animal in any manner without human assistance. A pen or kennel for a
dog designated as dangerous will meet the following minimum guidelines:
CHAPTER X – NUISANCES & OFFENSES
1004-8
1. Have a minimum overall floor size of thirty-two square feet
2. Sidewalls will have a minimum height of five feet and be constructed of 11 gauge
or heavier wire. Openings in the wire will not exceed two inches, support posts
will be 1 ¼ inch or large steel pipe buried in the ground eighteen inches or more.
3. A cover over the entire pen or kennel. The cover will be constructed of the same
gauge wire or heavier as the sidewalls and will not have openings greater than two
inches.
4. An entrance/exit gate. The gate must be constructed using the same materials as
the sidewalls with openings no greater than two inches. The gate will be equipped
with a device capable of being locked and will be locked at all times when the
animal is in the pen or kennel.
c. Insurance. The owner is required to provide and show proof annually of public liability
insurance paid in full in the minimum amount of $500,000. If the animal is impounded,
proof of insurance must be provided prior to the animal’s release
d. Posting. Post the front and rear of the premises with clearly visible warning signs
including a warning label to inform children that there is a dangerous animal on the
property as specified in Minnesota Statute 347.51.
e. Muzzle. If the animal is a dog and is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash not to exceed six (6) feet in length
and be under the physical restraint of a person at least eighteen (18) years of age or older.
The muzzle must be of such design as to prevent the dog from biting any person or
animal, but will not cause injury to the dog or interfere with its vision or respiration.
f. Microchip Identification. The owner of a dangerous animal is required to have a
microchip installed or injected on the animal, to the extend that the species of the animal
allows placement of the chip. The identification number and microchip manufacturer
shall be provided to the city. All costs related to the installation and maintenance of the
chip are the owner’s responsibility. If the animal is impounded, the microchip will be
installed or injected prior to its release.
g. Annual Registration. The owner of a dangerous animal or potentially dangerous animal
shall register the dog annually with the Police Department. Registration shall include
providing where the animal is residing and current rabies vaccination records.
h. Spay/Neuter. If the dangerous animal is a dog or cat, the owner shall provide proof of
spay or neuter.
CHAPTER X – NUISANCES & OFFENSES
1004-9
i. Tag. A dangerous dog must have a standardized, easily identifiable tag identifying the
dog as dangerous and containing the uniform dangerous dog symbol affixed to the dog’s
collar at all time.
j. Obedience Class. The owner of a dangerous dog shall be required to complete an
approved dog obedience class.
k. Appeal. Appeal of the Animal Control Officer’s dangerous animal designation will be a
hearing not more than fourteen (14) days after receipt of the appeal request. At the time
of the hearing, the animal owner may appear and present any evidence which the animal
owner deems material to the investigation. The hearing officer must be an impartial
employee of the city or an impartial person retained by the city to conduct the hearing.
The hearing officer will affirm or reject the dangerous animal designation or may impose
other sanctions as warranted. The hearing officer’s decision shall issue within 10 days of
the hearing. If the declaration is upheld, the actual expenses of the hearing up to a
maximum of $1,000 will be the responsibility of the animal owner.
Section 1004.15: ANIMAL BITING.
Subd. 1: Whenever any animal capable of transmitting the rabies virus has bitten any person
or domestic animal, the owner or custodian of the biting animal, upon being notified by the
city, will immediately cause the animal to be quarantined at the Animal Shelter, or by a
veterinarian licensed to practice in the State of Minnesota for a period of ten (10) days after
the bite incident. The city may allow the owner to quarantine the animal if proof of current
rabies vaccination is provided. All expenses related to any quarantine will be the
responsibility of the animal owner.
Subd. 2: Release from Quarantine. At the end of the ten (10) days, a licensed veterinarian
shall examine the animal to ascertain whether symptoms of rabies exist. If the veterinarian
diagnoses the animal to be free of the signs of rabies, the animal shall be released from
quarantine. If a quarantined animal sickens or dies, it shall be sent to the Minnesota
Department of Health for rabies testing. The owner of the animal is responsible for the cost
of quarantine, veterinary fees and testing.
Subd. 3: Noncompliance. If an owner fails to comply with any portion of the quarantine, the
animal shall be seized and impounded for the remainder of the quarantine period.
Section 1004.16: PENALTY. Any person violating any of the provisions of the
Ordinance shall be deemed guilty of a misdemeanor.
10/2025 – Addition of Section 1004.02 Subd 1(i)