[Adopted 4-18-2006 by Ord. No. 354]
It is the intent of the City of Isanti to protect
the public against the health and safety risks that exotic animals
pose to the community and to protect the welfare of individual animals
that are held in private possession. By their very nature, exotic
animals are wild and potentially dangerous and, as such, do not adjust
well to a captive environment. The intent of this article is to use
the same statutory framework as Minn. Stat. § 346.155 (2005)
which governs some exotic animals.
As used in this article, the terms defined in
this section shall have the meanings ascribed to them:
Any animal that is commonly kept by persons as a pet or for
companionship. The definition of "companion animal" includes but is
not limited to domesticated dogs and domesticated cats.
A companion animal.
Any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include but are not limited to, any of the species, orders or families listed in § 87-21 below, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in § 87-21 below are intended to serve as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified.
A.
Prohibited animals. It shall be unlawful for any person
to own, possess, keep, maintain, harbor, bring or have in one's possession
within the City of Isanti any exotic animal or any of the following
animals, whether or not classified as an exotic animal, all of which
are hereinafter collectively referenced as "prohibited animals":
(1)
Any animal or species prohibited by federal or Minnesota
law.
(2)
Any skunk, whether captured in the wild, domestically
raised, descented or not descented, vaccinated against rabies or not
vaccinated against rabies.
(3)
Any large cat or members of the family Felidae, such
as lions, tigers, jaguars, leopards, bobcats, lynx, cougars, and ocelots,
but not including commonly accepted domesticated house cats.
(4)
Any member of the family Canidae, such as wolves,
dingoes, foxes, coyotes and jackals, but not including commonly accepted
domesticated house dogs or trained hunting or working dogs.
(5)
Any interspecies crossbreed or hybrid animal or species
including but not limited to crossbreeds between dogs and coyotes
or between dogs and wolves.
(6)
Any raccoon.
(7)
Any red-eared turtle (Pseudemys scriptae-legans) with
a shell length of less than four inches.
(8)
Any venomous snake, or any snake, whether or not venomous,
that, at a mature age, can reasonably be expected to reach or exceed
four feet in length.
(9)
Nonhuman primates and prosimians (monkeys, chimpanzees,
baboons).
(10)
Ursidae (all bears).
(11)
Crocodilia (alligators, crocodiles).
(12)
Proboscidae (elephants).
(13)
Hyanenidae (hyenas).
(14)
Artiodatyla (hippotamuses, giraffes, camels, not cattle
or swine or sheep or goats).
(15)
Procyonidae (raccoons, coatis).
(16)
Marsupialia (kangaroos, opossums).
(17)
Perissodactyla (rhinoceroses, tapirs, not horses or
donkeys or mules).
(18)
Edentata (anteaters, sloths, armadillos).
(19)
Viverridae (mongooses, civets, and genets).
B.
Any person keeping any prohibited animal shall be subject to immediate seizure of such animal by animal control as further governed by the provisions of § 87-25 below.
C.
It shall be unlawful for the owner, possessor, or
any other person in control of a lot, tract, or parcel of land within
the City of Isanti or any residence or business premises situated
thereon to possess upon or to knowingly permit any other person to
be in possession of any prohibited animal(s) upon such property, residence
or premises.
A.
The following shall be exempt from the provisions
of this article subject to the conditions herein noted:
(1)
Licensed humane societies.
(2)
Animal Control Officers.
(3)
Licensed veterinary hospitals or clinics.
(4)
Any wildlife rehabilitator licensed by the state who
temporarily keeps exotic animals as defined by this article within
the City of Isanti when the purpose is to return the animals to the
wild. Wildlife sanctuaries are not exempt.
(5)
Animals which are lawfully brought into the City on
a temporary basis not to exceed 10 days for the purpose of participating
in any circus or show; animals lawfully kept by a public zoo or aquarium
or by persons temporarily lawfully keeping animals for a specified
public zoo or aquarium located within Minnesota as volunteers, docents
or otherwise lawfully engaged on behalf of such zoo or aquarium; any
bona fide research institution or veterinary hospital.
B.
Conditions. In all cases protective devices adequate
to prevent such animals from escaping or injuring the public shall
be provided and properly maintained by the party responsible for such
animals. No animal or species shall under any circumstances be kept
in such numbers or in such a way as to constitute a likelihood of
harm to the animals themselves, to human beings or to the property
of human beings, or which constitutes a public or private nuisance.
A.
Any person who lawfully owned, possessed, kept or
harbored exotic animal(s) on or before the effective date of this
article shall be permitted to continue ownership or possession as
long as they meet all the requirements set forth under state and federal
law in addition to those set forth in this article.
B.
Anyone whose prohibited animal falls under the grandfather
clause shall obtain registration for the animal within 60 days of
the effective date of this article. The requirements set forth in
Minn. Stat. § 346.155, Subd. 3 and 4 for "regulated animals"
are hereby incorporated by reference. In addition, the animal must
be housed and cared for in a manner that minimizes as much as reasonably
possible the risk of harm to the animal itself and any person, including
the owner. This is an ongoing requirement.
C.
A person shall obtain a registration form from the
City of Isanti. Registration shall be denied if the applicant fails
to meet any of the registration requirements. A person whose animal
is lawfully registered under Minn. Stat. § 346.155 need
not register again under this article.
[Amended 7-20-2021 by Ord. No. 763]
D.
Any person who successfully obtains registration within
60 days of the adoption of this article shall be permitted to hold,
keep, harbor or maintain the number of prohibited animals that person
was legally permitted to have as of the date of the adoption of this
article but shall not be permitted to increase the number of prohibited
animals. Animals shall not be replaced when they die or are sold,
given away or transferred.
E.
Any person who has not successfully obtained registration
for their animal within 60 days of the adoption of this article shall
forfeit the right to keep the animal under the grandfather clause
and shall thereafter be deemed to unlawfully possess the animal.
At any and all times, the City shall have the
right to inspect the animal and where it is housed upon reasonable
notice. Any party who intentionally interferes with or obstructs the
inspection violates this article.
[Amended 7-20-2021 by Ord. No. 763]
To govern the seizure of prohibited animals,
this article hereby incorporates by reference Minn. Stat. § 346.155,
Subd. 5, except Subsection (f)(1) and (2). If the City establishes
by a preponderance of the evidence that the animal owner has violated
this article, the City may dispose of the animal and charge the animal's
owner with any costs related to the seizure. Further, the City shall
not be liable for any costs or damages related to the seizure of the
animal unless the court finds that the City acted in bad faith in
seizing the animal. To govern the disposition of sick exotic animals,
this article hereby incorporates by reference Minn. Stat. § 346.155,
Subd. 6.
