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Notice of Proposed Ordinance Animals

NOTICE OF PROPOSED ORDINANCE
YOU ARE HEREBY NOTIFIED that the City of Paynesville City Council is considering the following proposed Ordinance at 6:00 p.m. on January 24, 2022 at their Regular City Council meeting:
ORDINANCE NO. 32nd, 3RD SERIES

           
AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 ENTITLED “ANIMALS” AND ARTICLE I THEREOF ENTITLED “IN GENERAL” AT SECTION 6-2 ENTITLED “DEFINITIONS” TO MODIFY THE DEFINITIONS OF THE TERMS: ANIMAL, CAT, DOG AND OWNER; MODIFYING SECTION 6-4 ENTITLED “ KEEPING OF LIVESTOCK AND BEES RESTRICTED” AND MODIFYING SECTION 6-5 ENTITLED “TYPE OF ANIMAL PERMITTED WITHIN THE CITY” TO GENERALLY ALLOW DOMESTIC ANIMALS AND BY ADOPTING BE REFERNECE CITY CODE CHAPTER 1-11 ENTITLED “VIOLATION A MISDEMEANOR UNLESS OTHERWISE STATED” WHICH, AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS.

THE CITY COUNCIL OF PAYNESVILLE, MINNESOTA ORDAINS:

SECTION 1.  City Code, Chapter 6 entitled “Animals” and Article I thereof entitled “In General,” is hereby amended at Section 6-2 entitled “Definitions,” Section 6-4 entitled “Keeping of Livestock and Bees Restricted,” and Section 6-5 entitled “Type of Animals Permitted Within the City” to read as follows:

   Section 6-2.  Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in the Section, except where the context clearly indicates a different meaning:

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

           a) Domestic Animals. These are animals commonly accepted as domesticated household Unless otherwise defined, domestic animals shall include dogs, cats, caged birds, caged gerbils, caged, caged hamsters, caged Guiney pigs, domesticated rabbits, fish, non- poisonous, non-venomous and non-constricting reptiles or amphibians or other similar animals.
           b) Farm Animals. Those animals commonly associated with farm or performing work in agricultural settings. Unless otherwise defined, farm animals shall include members of the equine family (horses, mules), bovine family (bulls, cows), sheep, poultry (chicken, turkeys), fowl (ducks, geese), swine (including Vietnamese pot belly pigs), goats, bees, ratitae (ostriches and emus), farm raised cervadae (caribou and mule deer) llamas and alpacas and other animals associated with a farm, ranch or stable.
           c) Non-Domesticated Animals. 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, non-domestic animals shall include:
                     i) any member of the large cat family (family Felidae) including lions, tigers, cougars, bobcats, leopards and jaguars but excluding commonly accepted domesticated house cats.
                     ii) any naturally wild member of the canine family (family canidea) including wolves, foxes, coyotes, dingoes and jackals but excluding commonly accepted domesticated dogs.

                     iii) any crossbreed such as a crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domestic house pet.
                     iv) any member or relative of the rodent family including any skunk (whether or not de-scented), racoon, squirrel or ferret but excluding those members otherwise defined or commonly accepted as domesticated house pets.
                     v) any poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian family including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
                     vi) any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this section, including but not limited to bears, deer, monkeys and game fish.

   2) Cat means both male and female of the felidea species commonly accepted as domesticated house pets.

   3) Dangerous Animal means any animal which causes damage to property or injury to a person or which animal, by its actions, exhibits a propensity for causing imminent danger to persons, or, in the case of a dog, has been declared to be either a dangerous dog or a potentially dangerous dog by a city animal control officer or other law enforcement official.

   4) Dog means both male and female of the canine species, commonly accepted as domesticated house pets, and other domesticated animals of the dog kind.

   5) Own means to have a property interest in, or to harbor, feed, board, keep or possess.

   6) Owner means any person or persons, firm, association or corporation keeping, harboring or having control of, or permitting any animal habitually to remain on or be lodged or fed within, such person’s house, yard or premises excluding veterinarians or kennel operators temporarily maintaining animals on their premises for a period of 30 days or less where the animal is owned by others.

   Section 6-4.  Keeping of Livestock and Bees Restricted. It is unlawful for any person to keep or harbor any:

   1) Farm animal except bees within 150 feet of a place of human habitation other than the dwelling occupied by the owner of such animals; or

   2) To keep bees within 500 feet of the property line of any other property owner except when such bees are completely confined within an enclosed building.

   Section 6-5.   Type of Animals Permitted Within the City. It is unlawful for any person to keep or harbor within the city any animal except:

   1) Farm animals kept in that portion of the city zoned for agricultural purposes and within the restrictions of Section 6-4 above;

   2) Animals used in a parade for which a permit has been issued;

   3) Animals kept in a laboratory for scientific or experimental purposes;

   4) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian; or

   5) Domestic animals.

SECTION 2.  City Code Chapter 1 entitled “General Provisions” and 1-11 thereof entitled “Violation a misdemeanor unless otherwise stated” are hereby adopted in their entirety by reference as though repeated verbatim herein.

SECTION 3. This ordinance will take effect and be in force upon its passage, adoption and publication.

SECTION 4.   The City Council of the City of Paynesville determines that the text of the summary of this ordinance marked “Official Summary of Ordinance No. 32nd, 3rd Series,” and a copy of which is attached to this ordinance, clearly informs the public of the intent and effect of this ordinance. The Council further determines that publication of the title and this summary will clearly inform the public of the intent and effect of this ordinance. The City Administrator shall file a copy of this ordinance and the Official Summary in the City Administrator’s office, which shall be available for inspection by any person during regular business hours. A copy of this ordinance shall be available in the community library, if there is one, or if not, in any other public location which the Council designates.

Posted this 11th day of January, 2022.