ORD 841 ARTIFICIAL

City of Bayport
(Official Publication)
ORDINANCE NO. 841
AN ORDINANCE OF THE CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA AMENDING CHAPTER 14 – ANIMALS, ARTICLE V. WILD ANIMALS, OF THE BAYPORT CITY CODE
THE CITY COUNCIL OF THE CITY OF BAYPORT
DOES HEREBY ORDAIN:
Section 1. Chapter 14 Animals, Article V. is hereby amended to delete the same in its entirety and substitute the following therefore:
Sec. 14-121. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Wild animal: any mammal, amphibian or reptile which is of a species which is wild by nature or of a species which, due to size, vicious nature or other characteristic, is inherently dangerous to human beings. Wild animals include, but are not limited to:
(1) Any large cat of the family felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats.
(2) Any member of the family canidae, such as wolves, coyotes, dingoes and jackals, except domesticated dogs.
(3) Any crossbreed between dogs and coyotes or dogs and wolves, but not including crossbred domesticated animals.
(4) Any poisonous snake such as a rattlesnake, coral snake, water moccasin, puff adder, or cobra.
(5) Any snake or reptile which by its size, vicious nature or other characteristic is dangerous to human beings.
(6) Any skunk, raccoon, fox or ferret, unless certified by a veterinarian to be free of rabies and kept pursuant to a valid DNR permit, such certification to be obtained within seven days of receipt of the animal.
(7) Any bear, ape, gorilla, monkey, deer, water fowl, or badger.
(8) Any other animal or reptile which is commonly considered wild and not domesticated.
Sec. 14-122. Keeping, feeding prohibited; exceptions.
(a) In order to protect the health, safety and welfare of the citizens of the city, it shall be unlawful to keep or provide an artificial food source for any wild animal within the corporate limits of the city except as permitted pursuant to the following provisions:
(1) A public zoo or other institution engaged in a permanent display of animals, or any bona fide research institution or veterinary hospital may be issued a conditional use permit provided applicable zoning requirements are met.
(2) Above-ground feeders, intended to provide limited seed or suet for small, common backyard birds.
(3) The raising of wild animals for pelts may be permitted by conditional use permit provided all applicable state requirements are met.
(4) A handicapped person using a wild animal for assistance may be permitted provided all applicable state and federal requirements are met.
Sec. 14-123. Impounding of wild animals.
Subject to the timelines and circumstances described in Section 14-124, a wild animal kept in violation of this article may be impounded by the city unless such impounded animal is promptly removed from the city or unless the owner petitions the district court for a determination that the animal is exempt from the provisions of this article. If impounded, animals shall be confined in a humane manner for a period of not less than five days, exclusive of Sunday and holidays. If not claimed prior thereto by the owner, such animals shall thereafter become the property of the city and may be disposed of in a humane manner or placed in the custody of some other suitable person. The owner may claim the animal by providing satisfactory assurance to the city that the animal will not be kept in violation of this article. Immediately upon the impounding, every reasonable effort shall be made to notify the owner of such animal of the impoundment and the conditions whereby the owner may regain custody of the animal. Any oral notices shall immediately be confirmed in writing.
Sec. 14-124. Existing wild animals.
The police department shall serve a notice on all persons in violation of this article. Anyone keeping or maintaining any wild animal has 30 days, after receipt of such notice, in which to comply with the provisions of this article. Extensions beyond 30 days may be granted by the city council for good cause, but in no case shall such extension permanently exempt a person from the requirements of this article. Section 14-123 shall apply if (i) a person has not complied with this article after 30 days have passed since the service of a notice from the police department, or (ii) a wild animal is deemed to be an immediate threat to public health or safety, as reasonably determined by the police department. The police department shall endeavor to give notice to a person prior to impoundment of a wild animal under clause (ii) of this section, but no liability shall be attached to the police department if notice is not given.
Sec. 14-125. Release of wild animal.
No person shall release or introduce any wild animal in any public site or open space without written permission of the agency and/or persons in control of the site.
Sec. 14-126. Penalty for violation of article.
(a) The violation of any section of this article shall be considered a misdemeanor as defined in Chapter 25 Prohibited Acts and Penalties of the Bayport City Code of Ordinances punishable by a fine or imprisonment, at the discretion of the court. Each day any violation of any section of this article shall continue shall constitute a separate offense.
(b) The city may bring an action to restrain, enjoin or abate violations of this article.
Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council for the City of Bayport this 7th day of April, 2014.
Attest:
Logan Martin, City Administrator Susan St. Ores, Mayor
4/25/14, Stillwater Gazette, Ord 841 Articifial Feeding, 209841

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