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

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but not limited to, raccoons, deer, turkeys, ducks and geese, within any area of the city. For the purpose of this section, FEEDING shall mean provision of non-birdseed mixtures, grain, fruit, vegetables, hay, mineral salt or other edible material, either on the ground or at a height of less than five feet above the ground. Living food sources, such as fruit trees and other live vegetation, shall not be considered as prohibited feeding. (b) Exceptions. This prohibition shall not apply to veterinarians , city, county, state or federal officials who in the course of their duties have wild animals in their custody or under their management. (Ord. 2010-28, passed 11-1-2010) DIVISION F: INSPECTION AND ENFORCEMENT OF THE ANIMAL CODE § 12.123 ANIMAL ENFORCEMENT PROCEDURES. (a) The city shall designate animal control officers , licensed peace officers or other Police Department designee for the purpose of enforcing the provisions of this Division F and state law and shall: (1) Have the right to demand the exhibition of an animal and the animal license, if such a license is required by state statute or this city code; (2) Be required to keep accurate records of the impoundment and disposition of all animals in the custody of the city; (3) Be required to investigate reported injuries from animals, and to keep accurate records of such cases; (4) Be required to keep accurate records of all money received and to comply with proper auditing and bookkeeping standards; (5) Carry out prevention of cruelty duties as prescribed in this Division F, M.S. §§ 343.20 through 343.40, and M.S. Chapter 346, as they may be amended from time to time; and (6) Perform enforcement duties as prescribed in M.S. §§ 609.226 and 609.227, and M.S. Chapter 347, as they may be amended from time to time. (b) No person shall interfere with, hinder or molest a city animal control officer , licensed peace officer or Police Department designee enforcing this city code or state law. No person shall seek to release any animal in the custody of a city animal control officer , licensed peace officer or Police Department designee except as herein provided. (c) For the purposes of discharging the duties imposed by this city code and in order to further the investigation of any state statute or city code violations regarding animals, city animal control officers or any licensed peace officer, upon demonstration of cause, may apply for issuance of a warrant to enter premises upon which an animal is kept or harbored. (Ord. 2010-28, passed 11-1-2010) § 12.124 INSPECTIONS AND ENFORCEMENT. The animal control authority or health authority shall conduct investigations of complaints of violations to this Article IV. If the animal control authority or health authority determine that violations to any requirements of the this or any other article, division or section of this code or applicable state laws exist, the animal control authority or health authority may provide written notice to both the animal owner and the owner of the property in violation, stating the nature of the violations and a deadline for correcting the violations. In addition, the city may initiate appropriate civil and/or criminal actions upon failure of an owner and property owner to correct any violation of the city code or applicable state laws, rules or regulations. The failure to remove or correct each noted violation in the notice within the time period noted shall constitute a separate violation for each day the violation continues to exist. Failure to pay outstanding civil fines or fees may result in future animal license ineligibility if applicable. The animal control authority may also choose to proceed to criminal charges when necessary. (Ord. 2010-28, passed 11-1-2010) § 12.125 IMPOUNDMENT PROCEDURES. (a) Impoundment. Every animal found by an animal control officer or licensed peace officer to be in violation of state law or city code may be impounded in the city animal shelter . All animals impounded shall be confined in a humane manner. (b) Record keeping. The animal control authority shall maintain records of animals in his or her custody, in accordance with applicable state law, and such records shall include the following: (1) The description of the animal by species, breed, sex, approximate age and other distinguishing traits; (2) The location at which the animal was seized; (3) The date of seizure; (4) The name and address of the person from whom the animal was received; and (5) The name and address of the person to whom the animal was transferred. (c) Notification to owner . Immediately upon impounding an animal, a city animal control officer or licensed peace officer shall make every reasonable effort to locate and notify the owner of the impounded animal. 172