Barrett, Minnesota A picturesque village nestled in a valley in West Central Minnesota

8.01  Definitions
8.02  Dogs and Cats
8.03 Non-Domestic Animals
8.04 Farm Animals
8.05  Impounding
8.06 Excessive Kennels
8.07 Nuisances
8.08  Seizure of Animals
8.09 Animals Presenting a Danger to the Health and Safety of City
8.10 Diseased Animals
8.11 Dangerous Animals
8.12 Basic Care
8.13 Interference with Officers
8.14 Penalty

8.01 DEFINITIONS: As used in this section, unless the contexts otherwise indicates, the following words shall be defined to mean:

A) Animal.  Animal shall mean any mammal, reptile, amphibian, fish, bird (including fowl and poultry) or other member commonly accepted as part of the animal kingdom.  Animals shall be classified as follows:

1) Domestic.  Domestic animals shall mean those animals commonly accepted as domesticated household pets.  Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting reptiles or amphibians, and other similar animals.

2) Non-Domestic.  Non-domestic animals shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people.  Unless otherwise defined, such animals shall include:

 
a) Any member of the large cat family (family felidae) including lions, cougars, bobcats, leopards and jaguars, but excluding accepted domesticated house cats.

b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackles, but excluding commonly accepted domesticated dogs.

c) Any crossbreeds such as the crossbreed between a wolf and a dog or a coyote and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.

d) Any member or relative of the rodent family including any skunk, raccoon, squirrel, or ferret, but excluding those otherwise defined or commonly accepted as domesticated pets.

e) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles, and alligators.

f) Any other animal which is not explicitly listed above, but which can be reasonably defined by these definitions, including but not limited to bears, deer, monkeys, and game fish.

3) Farm Animal.  Farm animal shall mean those animals commonly associated with a farm or performing work in an agricultural setting.  Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (duck, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stables.

B) Cat.  Cat shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets.

C) Dog.  Dog shall be intended to mean both the male and female of the canine species commonly accepted as domesticated household pets, and other domesticated animals of a dog kind.

D) Owner.  Owner shall be intended to mean any person or persons, firm, association, or corporation owning, keeping, or harboring an animal.

E)   At Large.   At Large shall be intended to mean off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined.
 
F) Excessive Kennel.   The keeping of four or more dogs on the same premises, whether owned by the same person or not, and for whatever purpose kept, shall constitute an Aexcessive kennel@; except that a fresh litter of pups may be kept for a period of three months before such keeping shall be deemed to be an Aexcessive kennel@.  The keeping of four or more cats on the same premises, whether owned by the same person or not, and for whatever purpose kept, shall constitute and Aexcessive kennel@; except that a fresh litter of kittens may be kept for a period of three months before such keeping shall be deemed to be an excessive kennel.@

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8.02 DOGS AND CATS:

A) Running at Large Prohibited.  It shall be unlawful for any person who owns harbors, or keeps a dog or cat, or the parents or the guardians of any such person under 18 years of age, to allow such dog or cat to run at large.  Any person (or the parents or the guardians of any such person under 18 years of age) who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor.  Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted and area with signs reading ADogs or Cats Prohibited.@

B) License Required.  

1) All dogs and cats over the age of six months kept, harbored, or maintained by their owners in the city, shall be licensed and registered with the city.  Dog and cat licenses shall be issued by the City Clerk upon payment of the license fee established by the ordinance establishing fees and charges adopted pursuant to Section II of this code, as that ordinance may be amended from time to time.  The owner shall state, at the time application is made for the license and upon form provided, his or her name and address and the name, breed, color and sex of each dog or cat owned or kept by him or her.  No license shall be granted for a dog or cat that has not been vaccinated against distemper and rabies, as evidenced by a certificate by a veterinarian qualified to practice in the state in which the dog or cat is vaccinated.

2) It shall be the duty of each owner of a dog or cat subject to this section to pay the City Clerk the license fee established in the ordinance establishing fees and charges adopted pursuant to Section II, as it may be amended from time to time.
 
3) Upon payment of the license fee as established by the ordinance establishing fees and charges adopted pursuant to Section II of this code, as that ordinance may be amended from time to time, the Clerk shall issue to the owner a license certificate and metallic tag for each dog or cat licensed.  The tag shall have stamped on it the number corresponding with the number on the certificate.  Every owner shall be required to provide each dog or cat with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn.  In case a dog or cat tag is lost or destroyed, a new tag shall be issued by the City Clerk.  A charge shall be made for each new tag in an amount established in the ordinance establishing fees and charged adopted pursuant to section II, as it may be amended from time to time.  Neither dog nor cat tags shall not be transferable from one dog or cat to another and no refunds shall be made on any dog or cat license fee or tag because of death of a dog or cat or the owner leaving the city before the expiration of the license period.

4) The licensing provisions of this division (B) shall not apply to dogs or cats whose owners are non-residents temporarily within the city, nor dogs or cats brought into the city for the purpose of participating in any dog or cat show, nor shall this provision apply to any dogs specifically trained and certified for the assistance of the handicapped or disabled.

5) The funds received by the City Clerk from all dog and cat licenses and metallic tag fees as established by the ordinance establishing fees and charges adopted pursuant to Section II of this code, as that ordinance may be amended from time to time, shall first be used to defray any costs incidental to the enforcement of this chapter; including, but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs and cats.

C) Vaccination.

1) All dogs and cats kept harbored, maintained, or transported within the city shall be vaccinated at least once every three years by a licensed veterinarian for:

a) Rabies-with a live modified vaccine; and

b) Distemper

 
2) A certificate vaccination must be kept on which is stated the date of vaccination, owner=s name and address, the animal=s name (if applicable), sex, description and weight, the type of vaccine, and veterinarian=s signature.  Upon demand made by the City Clerk, the Animal Control Officer or a police officer, the owner shall present for examination the required certificate(s) of vaccination for the animal(s).  In cases where certificates are not presented, the owner or keeper of the animal(s) shall have seven days in which to present the certificate(s) to the City Clerk=s Office.  Failure to do so shall be deemed a violation of this section.  Penalty, see Section XII.

8.03 NON-DOMESTIC ANIMALS: It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic animal within the City limits.  Any owner of such an animal at the time of adoption of the Code shall have thirty days in which to remove the animal from the City, after which time the City may impound the animal as provided for in Section 8.05.  An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought in the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.

8.04 FARM ANIMALS: Farm animals shall only be kept in an agricultural district of the City or on a residential lot of at least five (5) acres in size, provided that no animal shelter shall be within three hundred (300) feet of an adjoining piece of property.  An exception shall be made to this Section for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific laboratory, or a licensed show or exhibition.

8.05 IMPOUNDING

A) Running at Large.  Any unlicensed animal running at large is hereby declared a public nuisance.  Any animal control officer or police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of the animal, if known.  In case the owner is unknown, the office shall post notice at the City Office that if the animal is not claimed within the time specified in division (c) of this section, it will be sold or otherwise disposed of.  Except as otherwise provided in this section, it shall be unlawful to kill, destroy, or otherwise case injury to any animal, including dogs and cats running at large.

 
B) Biting Animals.  Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined in the city pound for a period of not less than ten days, at the expense of the owner.  The animal may be released at the end of the time, if healthy and free from symptoms of rabies, and by the payment of all costs by the owner.  However, if the owner of the animal shall elect immediately upon receipt of notice of need for the confinement by the officer, to voluntarily immediately confine the animal for the required period of time in a veterinary hospital of the owner=s choosing, not outside of the county in which this city is located, and provide immediate proof of  confinement in the manner as may be required, the owner may do so.  If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the animal to the owner=s property.

C) Reclaiming.  All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort.  The City shall each year designate an impounding agency, which may be the Grant County Humane Society, or such other agency as the City may designate.  All animals conveyed to the impounding agency shall be subject to the rules and regulations of the impounding agency.  In case the owner or keeper shall desire to reclaim the animal from the impounding agency, the following shall be required, unless otherwise provided in this code or established from time to time by resolution of the City Council:

1) Payment of the release fee and receipts of a release permit as established
by the ordinance establishing fee and charges adopted pursuant to Section
II of this code, as that ordinance may be amended from time to time.

2) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and

3) If a dog or cat is unlicensed, payment of a regular license fee as established by the ordinance establishing fees and charges adopted pursuant to Section II of this code, as that ordinance my be amended from time to time; and valid certificate of vaccination for rabies and distemper shots is required.

D) Unclaimed Animals.  Unclaimed animals shall be subject to the rules and regulations of the impounding agency designated by the City Council.

8.06 EXCESSIVE KENNELS:   Because the keeping of four or more dogs and the keeping of four or more cats on the same premises is subject to great abuse, causing discomfort to persons in the area by way of smell, noise, hazard, and general aesthetic depreciation, the keeping of four or more dogs and the keeping of four or more cats on the premises is hereby declared to be a nuisance and no person shall keep or maintain and excessive kennel within the City.

 
8.07 NUISANCES

A) Habitual Barking.  It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries.  Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption.  The barking must also be audible off of the owner=s or caretaker=s premises.

B) Damage to Property.  It shall be unlawful for any person=s dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage.

C) Cleaning up Litter.  The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner whether on their own property, on the property of others, or on public property.

D) Other.  Any animals kept contrary to this section are subject to impoundment as provided in Section 8.05 

8.08 SEIZURE OF ANIMALS: Any police officer or animal control officer may enter upon private property and seize any animal provided that the following exist: 

A) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal;

B) The office reasonably believes that the animal meets either the barking dog criteria set out in Section 8.07 (A); the criteria for cruelty set out in Section 8.12; or the criteria for an at large animal set out in Sections 801 (E) 8.05(A).

C) The office can demonstrate that there has been at least one previous complaint of a barking dog, inhumane treatment of the animal, or that the animals was at large at this address on a prior date;

D) The officer has made a reasonable attempt to contact the owner of the animal and the property to be entered, and those attempts have either failed or have been ignored;

E) The seizure will not involve the forced entry into a private residence.  Use of a pass key obtained from a property manager, landlord, innkeeper , or other authorized person to have that key shall not be considered unauthorized entry;

 
F) Written note of the seizure is left in a conspicuous place if personal contact with the owner of the animal is not possible

8.09 ANIMALS PRESENTING A DANGER TO HEALTH AND SAFETY OF CITY: If, in the reasonable belief of any person or the animal control officer or police officer, an animal presents an immediate danger to the health and safety of any person or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the person or officer may destroy the animal in a proper and humane manner.  Otherwise, the person or officer may apprehend the animal and deliver it to the pound for confinement under Section 8.05.  If the animal is destroyed, the owner or keeper of the animal destroyed shall be liable to the city for the cost of mantaining and disposing of the animal, plus the costs of any veterinarian examination.  It the animal is found not to be a danger to the health and safety of the city, it may be released too the owner or keeper in accordance with Section 8.05 (C). 

8.10 DISEASED ANIMALS

A) Running at Large.   No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the city any animal which is diseased so as to be a danger to the health and safety of the city, even though the animal may be properly licensed under this section.

B) Confinement.  Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public, may be apprehended and confined in the pound by any person, the animal control officer, or a police officer.  The officer shall have a qualified veterinarian examine the animal.  If the animal is found to be diseased in a manner so as to be a danger to the health and safety of the city, the officer shall cause the animal to be painlessly killed and shall properly dispose of the remains.  The owner or keeper of the animal killed under this section shall be liable to the city for the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examination.

C) Release.  If the animal, upon examination, is not found to be diseased, the animal shall be released to the owner or keeper of the animal free of charge.

8.11 DANGEROUS ANIMAL: The City hereby adopts all state and county laws and ordinances relating to dangerous animals and potentially dangerous animals as if fully incorporated herein.

 
8.12 BASIC CARE: All animals shall receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort.  Any person not treating their pet in a humane manner will be subject to the penalties provided in this section.

8.13 INTERFERENCE WITH OFFICERS: No person shall in any manner molest, hinder, or interfere with any person authorized by the City Council to capture dogs, cats, or other animals and convey them to the pound while engaged in that operation.  Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this chapter, or in any other manner to interfere with or hinder the officer in the dicharge of his or her duties under this chapter.  Penalty, see Section XII

8.14 PENALTY

A) Separate Offenses.  Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable under this section.