Worthington, Minnesota

§ 90.01DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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BREEDER.

(1)   A professional breeder is any person or entity breeding animals for profit or who produces more than two litters, regardless of species, in any 12-month period.

(2)   A nonprofessional breeder is any person breeding animals as a hobby and produces two litters or less, regardless of species, in any 12-month period.

§ 90.05ANIMALS AT LARGE.

(A)   It shall be unlawful for any person, whether knowingly or unknowingly, to suffer or permit animals of any kind, including house pets, to run at large in the streets or public places. Animals including, but not limited to, cattle, horses, mules, sheep, goats and swine which are being herded or driven on a public street or in a public place shall be considered to be at large unless each such animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other means of individual restraint. This section shall not apply to persons who have obtained prior approval from the City Council for special events involving such activities and animals.

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(C)   When a dog or cat, which has not been spayed or neutered, is taken into custody or impounded for running at large, the owner shall be subject to an administrative penalty of $100 or such other fee as may be established by the City Council. If the same dog or cat is taken into custody or impounded for running at large a second time within a 12-month period, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of $150 or such other fee as may be established by the City Council. If the same dog or cat is taken into custody or impounded for running at large a third time within a 12-month period, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of $300 or such other fee as may be established by the City Council. These charges are in addition to any other fees or penalties which may be imposed by any other section of this code.

§ 90.10. PERMITS – COMMERCIAL AND BREEDER.

(A)   No person, partnership or corporation shall operate a commercial animal establishment or animal shelter which does not comply with the rules and regulations set forth in Chapter 155 of this code.

(B)   No fee shall be required for any government-operated zoological park or animal shelter.

(C)   The application for a permit shall be on forms provided by the city. The application maybe obtained from the Director of Public Safety. The City Council may promulgate regulations for the issuance of permits and shall include requirements for humane treatment and care of all animals and for compliance with the provisions of this chapter and other applicable laws. The City Council may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.

(D)   If a permit applicant has complied with all applicable regulations as defined within § 90.15(B), a permit shall be issued upon payment of the applicable fee and compliance with all other requirements by the Director of Public Safety.

(E)   The fee for the permit required under this section shall be set by resolution of the Council for each:

(1)   Breeder-hobbyist;

(2)   Breeder-professional;

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(F)   If there is a change in ownership or classification, the new owner may have the permit transferred to his name upon payment of a $10 transfer fee or a transfer fee in such as may be established by the City Council and compliance of all rules and regulations.

(G)   Failure to obtain a permit before opening any facility covered in this section shall be a misdemeanor and no permit shall be issued for 12 months from the date application for a permit should have been made.

(H)   License and permit issuance and revocation.

(1)   After a permit application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with or has been convicted of a violation of this chapter, regulations promulgated by the licensing authority or any law governing the protection and keeping of animals.

(2)   Inspection. It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

(3)   The licensing authority shall automatically review all licenses and permits issued to animal owners against whom three or more violations of this chapter have been assessed in a 12-month period.

(4)   If an applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license or shall revoke any permit or license issued.

(5)   Any person whose permit or license is revoked shall within ten days thereafter remove the animals from the city. In the alternative such person may release ownership of the animals to the city. If the animals are not removed from the city within ten days the owner shall be considered to have released ownership of the animals to the city. No part of the permit or license fee shall be refunded.

(6)   No person who has been convicted of or pled guilty to a violation of cruelty to animals by any jurisdiction shall be issued a permit or license to operate a commercial animal establishment, serve as a breeder for animals, or train animals.

(7)   Any person having been denied a license may not reapply for a period of 30 days. Each re-application shall be accompanied by a fee in an amount as set by Council.

§ 90.11COMMERCIAL ANIMAL ESTABLISHMENTS; OTHER DOMESTIC ANIMAL REGULATIONS.

Generally, all commercial animal establishments shall meet the following conditions:

(A)   Animal housing facilities shall be provided for the animals and shall be structurally sound, constructed of non-toxic materials, maintained in good repair and designed so as to protect the animals from injury and restrict the entrance of other animals. Each animal shall be provided with adequate floor space to allow it, according to species and breed, to breathe, eliminate wastes, stand, sit, and lie in a comfortable normal position and sanitary environment.

(B)   Water shall be supplied at sufficient pressure and quantity to clean housing facilities and enclosures of debris and excreta.

(C)   Adequate food and bedding shall be provided and stored in facilities which provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

(D)   Provisions shall be made for the removal and disposal of animal wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease.

(E)   Each animal shall be observed daily. Sick, diseased or injured animals shall be separated from those appearing healthy and normal. Sick, diseased or injured animals shall be removed from daily display and sale and kept in isolated quarters. Ventilation of quarters for sick or diseased animals shall be arranged to avoid contamination of healthy animals.

(F)   An employee, keeper or owner shall make provision to feed, water and provide other necessary care for animals on days the store or establishment is closed.

(G)   No person shall knowingly misrepresent an animal to a consumer in any way. No person shall knowingly sell a sick or injured animal. Adequate care and feeding instructions shall be given, in writing, to each animal purchaser.

(H)   Animals which are caged, closely confined or restrained shall be permitted to exercise daily for an appropriate length of time as determined by their size, age, and species, in an area suitable for that purpose.

(I)   Facilities shall be clean and sanitary at all times.