ORDINANCE NO. 06-1 RESOLUTION NO. 060705-1 APPROVING A PROHIBITED ANIMALS ORDINANCE Chisago County, Minnesota THE BOARD OF COMMISSIONERS OF CHISAGO COUNTY ORDAINS:
SECTION 1: PURPOSE AND INTENT It is the intent of Chisago County to protect the public against the health and safety risks that prohibited animals pose to the community and to protect the welfare of individual animals that are held in private possession, pursuant to Minnesota Statute 145A.05 Subd (1) and (2). By their very nature, prohibited animals are wild and potentially dangerous and, as such do not adjust well to a captive environment. SECTION 2: DEFINITIONS A. Agricultural Purposes. Means animals that are raised, kept, or bred as commodities and are sold, or their offspring sold, whole or in part for meat, food, fur, skin, fiber or egg production. B. Domestic Animal. Domestic animal means, animal species that have been selectively bred for hundreds of generations to accept humans or live with humans, and are commonly considered to be domesticated in the United States. Domestic animals include companion animals and livestock. C. Companion Animal. Means 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, domesticated cats, domesticated birds and horses/donkeys. D. Educational Purposes. Means possession of a non-releasable prohibited animal(s) for educational, or exhibition purposes as allowed only under a separate permit from the Minnesota Department of Natural Resources, pursuant to Minnesota Rules 6244.0800. E. Falconry Permit. Means a valid falconry permit issued by the Department of Natural Resources, pursuant to Minnesota Rules 6238.0200. F. Livestock. Livestock means domestic animals that are traditionally raised as agricultural commodities whole or in part, or the produce of the animals is sold as a commodity and animals traditionally used as beasts of burden or transportation. When kept and/or raised for agricultural purposes the following animals are considered livestock: 1. Equus caballus (domestic horse) 2. Equus asinus (domestic ass) 3. Members of the genus Mustela lawfully kept commercially for fur production. 4. The following members of the Order Artiodactyla: a. Family Bovidae, Subfamily Bovinae; i. Bison bison (American bison) ii. Bison Bonasus (European bison) iii. Bos grunniens (domestic yak) iv. Bos taurus (common cattle) b. Family Bovidae, Subfamily Caprinae;
i. Capra hircus (domestic goat) ii.Ovis aries (domestic sheep) c. Family Camelidae; i. Camelus bactrianus (camel) ii. Camelus dromedarius (camel) iii. Lama glama (lama) iv. Lama pacos (alpaca) d. Family Cervidea, Sub-family Capreolinae; i. Odocileus hemionus (mule deer) ii. Odocoileus verginianus (white-tail deer) iii. Rangifer tarandus (reindeer) e. Family Cervidea, Sub-family Cervinae i. Axis axis (axis deer) ii. Axis porcinus (hog deer) iii. Cervus albirostris (Thorold’s deer) iv. Cervus elaphus (elk) v. Cervus nippon (sika deer) vi. Cervus timorensis (Timor deer or Javan rusa) vii. Dama dama (fallow deer) viii. Elaphorus davidainus (Pere David’s deer) e. Family Suidae, Sub-family Suinae; Only domesticated verities of Sus scrofa (pigs) 5. The following members of the Order Struthioniformes; a. Family Dromaiidae (emu) b. Family Rheidae (rheas) c. Family Struthionedae (ostrich) 6. The following members of the Order Galliformes; a. Domestic animals of the Family Nemididae (guineafowl) b. Domestic animals of the Family Phasianidae (pheasant, peafowl, chicken, turkey) 7. Domestic animals of the species Cyprinus carpio (common carp, koi) G. Prohibited Animal. Means any animal that is not normally domesticated in the United States or is wild by nature. Prohibited Animals include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. 1. Order Carnivoria, Family Ailuridae (red panda); 2. Order Carnivoria, Family Eupliridae (mongoose); 3. Order Carnivoria, Family Canidae, other than Canis familiaris (domestic dogs); 4. Order Carnivoria, Family Felidae, other than Felis catus (domestic cats); 5. Order Carnivoria, Family Mephitidae (skunks) 6. Order Carnivoria, Families Nandiniidae and Viverridae (civet); 7. Order Carnivoria, Family Odoenidae, Otariidae and Phocidae (walruses and seals); 8. Order Carnivoria, Family Procyonidae (raccoons); 9. Order Carnivoria, Family Ursidae (bears, including hybrids); 10. Order Carnivoria, Family Mustelidae (wolverines); 11. Order Carnivoria, Family Hyaenidae (hyenas); 12. Order Primates (monkeys, apes, etc.), other than the species Homo sapiens; 13. Order Proboscidae, Family Elephantidae (elephants); 14. Order Perissodactyla, Family Rhinocerotidae (rhinoceroses); 15. Order Artiodactyla, Family Suidae (warthogs) and Family Hippopotamidae (hippopotamuses); 16. Order Crocodilia (crocodiles, alligators, and caimans);
17. Venomous reptiles, including all members of the following families: a. Helodermidae (gila monsters and Mexican beaded lizards); b. Viperidae vipers; c. Crotalidae (pit vipers); d. Hydrophilidae (sea snakes); e. Elapidae (cobras, coral snakes, and related); and f. Any rear-fanged snakes of the family Colubridae that are known to be life-threatening to humans, including but not limited to the following: i. Dispholidus typus (boomslang); ii. Thebtornis kirtlandii (twig snake); and iii. Rhabdophis (keelbacks). 18. Any constricting snake greater than four (4) feet in length or 20 pounds in weight; 19. Any species of the class Insecta (insects) considered life-threatening to humans in general; 20. Any species of the class Arachnida (spiders, scorpions, and related) considered life-threatening to humans in general; 21. Any species of the genera Catoprion, Pygocentrus, Pygopristis, Rooseveltiella, Serrasalmus, Serrasalmo, and Taddyella of the superorder Teleostei of the class Osteichthyes (piranhas); 22. Any regulated animal; H. Regulated Animal. Regulated animals means any animal defined as regulated in Minn. Stat. §346.155, Subd. 1(e). I. Wildlife Rehabilitator, means a person who has a valid Department of Natural Resources novice, general, or master class wildlife rehabilitation permit issued pursuant to Minnesota Rules 6244.0100 to 6244.2000. SECTION 3: SPECIFIC PROHIBITIONS A. Unlawful to Keep Prohibited Animals. It shall be unlawful for any person to own, possess, keep, harbor, bring, or to have in one’s possession a prohibited animal(s) within Chisago County. B. Unlawful to Allow Prohibited Animals. It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within Chisago County or any residence or business premises situated thereon to knowingly permit any other person to be in possession of a prohibited animal or prohibited animals upon the property, residence or premises. C. Unlawful to Sell or Trade. It shall be unlawful for any person, corporation, business, or broker to sell, trade, barter, or exchange for valuable consideration any prohibited animal in any way within the County. D. Non-Native Species. It is unlawful to possess non-native, (to Minnesota,) prohibited animals. The exceptions on Subdivision 8 do not apply to non-native, (to Minnesota,) prohibited animals. E. Wildlife Sanctuaries. Wildlife sanctuaries or wildlife sanctuary of any type are not permitted within Chisago County. F. Lawful Non-Conforming Use. Any person who owns, possesses, keeps, harbors or maintains Prohibited Animal(s) on or before the effective date of this Ordinance shall be permitted to continue ownership or possession as long as they meet all the requirements set forth in this ordinance, registration requirements, the performance standards set forth as a condition of registration and meet all the requirements required under Minnesota and Federal Law.
G. Any person who registers the animal(s) and successfully obtains an approved registration to harbor the animal(s) within sixty (60) days of the adoption of this ordinance 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 ordinance but shall not be permitted to increase the number of prohibited animals. Any person who has not successfully obtained registration for their prohibited animal(s) within sixty (60) days of the adoption of this ordinance shall forfeit the right to keep the prohibited animal(s) under the lawful non-conforming use clause and be deemed to unlawfully possess the prohibited animal(s). SECTION 4: REGISTRATION Anyone whose prohibited animal(s) fall(s) under the lawful non-conforming use clause, (Section 3.F) shall register the prohibited animal(s) with Chisago County Environmental Services within sixty (60) days of the effective date of this Ordinance. The animal(s) shall not be considered registered until all the conditions of registration are met and approved by Chisago County Environmental Services. A. Payment of a nonrefundable permit fee, set by County Board resolution per prohibited animal shall constitute the beginning of the registration process. Any other cost incurred during this registration process shall be the responsibility of the owner or possessor of the prohibited animal. B. Applicants beginning the registration process for a prohibited animal shall be given a list of restrictions that must be in place before the registration will be approved. C. Restrictions for approval of prohibited animal registration shall include, but not be limited to the following: 1. Proof of insurance coverage with a minimum of $1,000,000 per claim to compensate any person for personal injury or property damage caused by the Prohibited animal, or in lieu of insurance, a surety bond posted with the county in the same amount, conditioned upon payment of such damages. 2. Installation of permanent signage at all points of entry to the property or confinement area as determined by the County, to identify the presence of the prohibited animal to any law enforcement, emergency personnel or others having valid reason to enter the property. 3. Required signage shall consist of a minimum size of three (3) square feet and shall at a minimum identify the following in reflective letters of a contrasting color as to be easily read on the background of the sign: i. The word “Warning” in all capitals at least four (4) inches high; ii. The common name of the prohibited animal; iii. The location on the property of the prohibited animal; and iv. The potential danger posed by the prohibited animal (biting, clawing, venom, constriction, kicking, etc.) 4. Obtain from a licensed veterinarian a health certificate detailing the health and condition of the prohibited animal. 5. Written emergency response plan, approved by Chisago County Environmental Services, in the event of any escape of the prohibited animal, including a paragraph detailing owner or possessor’s understanding and agreement that if the escaped prohibited animal poses any immediate danger whatsoever to life, limb, or property (other than property of the prohibited animal owner), then it may be destroyed at that time by law enforcement officers, emergency responders, or any citizen having the means to do so. This emergency response plan shall be signed by the owner and notarized.
6. All prohibited animals shall be housed in facilities designed with the characteristics and potential dangers of the particular prohibited animal in mind and approved by Chisago County Environmental Services. D. Implantation by a licensed veterinarian of an approved identification microchip that is able to be scanned under the skin of the prohibited animal is required in each prohibited animal. The microchip shall be implanted at the first opportunity when the animal is next sedated, or prior to the registration being renewed. An approval is required by a County-approved veterinarian in order to use a previously implanted microchip to meet the registration requirements. E. Registration Renewal. Registration required by this section shall be renewed annually. The person having control or custody of the animal shall apply for renewal of the registration and pay a fee as set by the County Board. At the time of renewal the premises where the animal(s) is/are kept and the animal(s) shall be inspected by the County or its agent for compliance for the registration requirements. If found not to be in compliance with the registration and identification requirements the registration shall not be renewed and the animal(s) shall be immediately removed from the County. SECTION 5: INSPECTION The County or its agent shall have the right to inspect any prohibited animal(s) and where it is housed during reasonable day light hours (between sunrise and sunset.) This inspection applies to any prohibited animal(s) and their confinement area(s) subject to this ordinance. This paragraph in no way diminishes the authority for a law enforcement officer to obtain a search warrant. SECTION 6: CONFISCATION Any prohibited animal held, kept and or harbored in violation of this ordinance maybe immediately seized. A per-day fee as set by County Board resolution shall be charged for every day that the prohibited animal is impounded. The owner is liable to the County for all costs incurred in confining, impounding, and disposing of the animal. No impounded prohibited animal shall be released from impoundment until all fees are paid. SECTION 7: COSTS A. In the event any investigation of a prohibited animal facility (other than the inspection associated with the registration renewal in Section 4 E) is required or requested, and the complaint is substantiated by Chisago County Environmental Services or its agent, then the reasonable cost of the investigation shall be assessed against the owner or possessor of the prohibited animal and a court order may be obtained to enforce this assessment. B. If at any time it becomes necessary to impound or destroy a prohibited animal pursuant to this ordinance, then the cost of such impoundment or destruction shall be assessed against the owner or possessor of the prohibited animal and a court order may be obtained to enforce this assessment. SECTION 8: EXCEPTIONS This ordinance does not apply to the following: A. Wildlife rehabilitators licensed by a state or federal agency; B. Veterinary clinics in possession of prohibited animals for temporary treatment or rehabilitation
C. D. E. F.
purposes, not to exceed six (6) months. Wildlife sanctuaries or Exotic Animal shelters shall not be considered veterinary clinics; Nonresident circuses, carnivals or traveling fairs for no longer than one seven-day period, per each separate location where such circus is held within the County per calendar year; Persons temporarily transporting prohibited animals through the county, provided that the animal is in a secured enclosure with no public contact and such transport time shall not exceed 24 hours; and Falconers in possession of valid Minnesota DNR Falconry permit, and valid U.S. Fish and Wildlife permit. Only animals listed on the permits are excepted from this ordinance. Livestock being used for agricultural purposes.
SECTION 9: VIOLATIONS AND PENALTIES Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished to the maximum extent allowed by law. Each day that a violation continues shall constitute a separate offense. The County may also initiate any applicable civil action. SECTION 10: INTERPRETATION Unless otherwise provided, this ordinance shall be interpreted by the general rules of interpretation as provided by and for state law. SECTION 11: SEVERABILITY If any portion of this ordinance is found to be unconstitutional or otherwise invalid by a court of proper jurisdiction, all remaining provisions shall remain in effect and shall not be affected by the ruling on the invalid section. SECTION 12: STANDARD REQUIRMENTS Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the City, Township, County, State, or Federal government, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail. In the event of any conflict between this Ordinance with any private restrictions, protections, and covenants, the provisions of this Ordinance shall apply. SECTION 13: EFFECTIVE DATE This ordinance shall be effective and enforceable on the day following publication. Adopted: July 5, 2006 _______________________________ Mike Robinson, Chair Attest:___________________________ DeAnna M. Lilienthal Clerk, County Board