04-21-2025 - Agenda Packet Planning Commission - Packet

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through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal. (c) All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 2010-28, passed 11-1-2010) § 12.94 DUTIES OF OFFICERS IN INVESTIGATING CRUELTY COMPLAINTS. (a) Investigation authority. Animal control officers or licensed peace officers are hereby empowered and authorized to make inspections and conduct investigations of alleged violations of this Division A and state law regarding cruelty to animals. (b) Duty of animal control officers regarding exposure of animals. Pursuant to M.S. § 343.29, as it may be amended from time to time, the animal control officer or licensed peace officer may remove, shelter and care for any animal which: (1) Is not properly sheltered from the cold, hot or inclement weather; (2) Is not properly fed or watered, or provided with suitable food and drink; or (3) Is observed in circumstances where the animal’s safety or life is threatened. (c) Process for removal of animals in cruelty investigations. When necessary, the animal control officer or licensed peace officer may deliver the animal to another person to be sheltered and cared for, and furnished with suitable food and drink. In all cases, the owner , if known, shall be immediately notified pursuant to state law, and the person having possession of the animal shall have a lien thereon for its actual costs of care and keeping. If the owner or custodian is not known and cannot by reasonable effort be ascertained or does not, within ten days after notice, redeem the animal by paying the expenses authorized by state law, the animal may be treated as a stray under state law. Upon a proper determination by a veterinarian , any animal taken into custody pursuant to state law and this section of the city code may be immediately disposed of when the animal is suffering and is beyond cure through reasonable care and treatment. The expenses of disposal shall be subject to the provisions of state law. (Ord. 2010-28, passed 11-1-2010) § 12.95 TRAPPING OF ANIMALS. (a) Trapping prohibition. Trapping anywhere in the city is prohibited. (b) Exception for governmental officials. The provisions of this section do not apply to wildlife conservation or animal control officers , or other designated representatives of the city, county, state or federal government who may in the course of their duties be required to use a trap to catch, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or otherwise authorized purposes. (c) Exception for unsafe conditions. The provisions of this section do not apply to persons who may employ a trap on their private property to prevent an unsafe condition or the waste of destruction of their property when such persons have complied with the provisions of the laws, rules and regulations of the state and have taken reasonable steps such as, but not limited to, fencing, repellents and elimination of supplemental feeding to deter unwanted animals, wildlife or birds from their property. (d) Exception for live traps . Live trapping shall be permitted on private property within the city provided that the person employing live traps shall have the consent of the owner of such property to enter upon the property for the purpose of trapping , and when such persons have complied with the provisions of the laws, rules and regulations of the state. (e) Prohibition of steel jawleg-hold traps . No person shall set or use a steel jawleg-hold or killer trap within the corporate limits of the city unless specifically authorized to do so by a governmental agency on that government’s property. Nothing herein shall affect one’s right, under M.S. § 97B.665, as it may be amended from time to time, to take certain animals on land owned or occupied by the person where the animal is causing damage. (Ord. 2010-28, passed 11-1-2010) § 12.96 ANIMALS AS PROMOTIONAL DEVICES. No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition; as an inducement to enter a place of amusement; or as an incentive to any business agreement whereby the offer was for the purpose of attracting trade. (Ord. 2010-28, passed 11-1-2010) § 12.97 NOTIFICATION OF INJURED ANIMAL. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the appropriate law enforcement official or the animal’s owner . (Ord. 2010-28, passed 11-1-2010) § 12.98 SANITATION. No person shall permit feces, urine or food scraps to remain in any place where any animal is kept for a period that is 159