CHAPTER 14. ANIMAL CONTROL.
1400.0.Dogs.
1400.01. Running at Large Prohibited. No dog shall be permitted to run at large within the limits of the city. Every dog shall be controlled by a leash, pen or any physical restraint and be in the constant charge of its owner, keeper or other person responsible for its care, which person shall not permit such dog to enter gardens or private residence premises at any time without the express permission of the occupant of the premises. The occupant of private premises may lawfully use any means to eject any dog found on such private premises, whether such dog is licensed or not. It shall be lawful for any person, including the animal control officer, to capture, detain or deliver to the proper authorities any such dog found running at large contrary to the provisions of this ordinance; except that the animal control officer may not enter upon the residence or other buildings of an owner, keeper or other responsible person to retrieve a dog, unless such owner, keeper or other responsible person consents to such entry. The animal control officer shall desist from capturing or detaining the dog upon the property of the owner, keeper or other responsible person if such individual objects in person to the effects to capture or detain that dog. Every dog outside the home of its owner, keeper or person responsible for its care shall, at all times, be controlled by a leash, except that a dog may be present upon the private property of its owner, keeper or person responsible for its care without being on a leash or in a pen, provided that such dog is personally supervised and watched at all times by such owner, keeper or responsible person; provided, however, that nothing in this provision shall authorize or exempt such owner, keeper or responsible person from his duty to keep such dog off the property of any other person or institution.
1400.02. License Required. No person within the limits of the city of New London shall keep or maintain any dog over the age of two (2) months without first having paid the license fee and procured a license for each and every animal as provided herein. Application for a dog license shall be made to the city clerk. Application for such license shall be made on or before the first day of January of each year. License fees will become delinquent after January 15, except that any person moving into the city after January 1 of any year shall have fifteen (15) days from the date the dog is brought into the city to license that dog if the dog is over two (2) months of age. Any dog acquired after such date in any year shall be licensed within fifteen (15) days from the date such animal is two (2) months of age. Upon payment of the fee as hereinafter provided, the city clerk shall issue a dog license tag and said tag shall be fastened to the collar of the licensed animal. The owner shall see that the tag is constantly worn by the dog.
1400.03. License Fees. There shall be two classifications of dog licenses, namely: (1) male dogs and spayed female dogs, and (2) unspayed female dogs; and the annual license fee for each classification shall be as determined from time to time by resolution of the city council. In the event that an owner shall fail to comply with the licensing provisions of this ordinance the said owner shall be fined the sum of $5.00 for each month that such dog continues to be unlicensed. Such penalty shall commence on the first day the license fee is in arrears. There shall be a maximum fine of $20.00 under these provisions. After 120 days from the time a license is to be purchased under this ordinance, if the owner has not yet purchased a license, the dog may be impounded under the other provisions of this ordinance.
1400.04. Rabies Vaccination. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog has been vaccinated for rabies within two (2) years prior to the expiration of the license applied for.
1400.05. Affixing Tags. The owner shall permanently affix the tag to the collar of the dog so licensed in such a manner that the tag may be easily seen. The owner shall see that the tag is constantly worn by the dog.
1400.06. Dog Nuisances. The owner or custodian of any dog shall prevent the dog from committing in the city any act which constitutes a nuisance. It is a nuisance for any dog to frequently bark, cry, or howl for a period of five minutes or more, to frequent school grounds, parks or public beaches, to chase vehicles, to molest or annoy any person away from the property of his owner or custodian, or to damage, defile, or destroy public or private property or to defecate upon the property of any person other than the custodian. Failure of the owner or custodian of a dog to prevent the dog from committing such a nuisance is a violation of this ordinance. The owner or custodian of a dog must pick up and dispose of all feces’ that is left on public property of the city or private property of any person other than the custodian. Any blind person walking a dog unaccompanied is exempt from picking up and disposing of feces.
1400.07. Impounding. Any dog found unlicensed or running at large contrary to the provisions of this ordinance may be impounded by the animal control officer or a law enforcement officer, who shall give notice of the impounding to the city clerk.
1400.08. Notice. The city clerk, or in the absence of the city clerk the animal control officer, shall give notice of the impounding to the owner of such dog if known. If the owner is unknown, the clerk shall post notice at the city hall that if the dog is not claimed and all other requirements complied with within five (5) days of the posting of the notice, it will be disposed of.
1400.09. Redemption. Any dog may be redeemed from impound by the owner within the time stated in the notice by payment to the clerk of the license fee for the current year, if unpaid, together with a vaccination fee and impounding fee, which fees shall be set by resolution of the city council and a reasonable charge for the care and feeding of such dog for each day such dog is impounded. The fees for redemption required by this subdivision shall be payable in advance of any dog=s release to its owner, and the clerk shall see that any such dog is properly vaccinated prior to its release to its owner.
1400.10. Vicious Dogs. Law enforcement officers may, while in the process of impounding any dog running at large contrary to the provisions of this ordinance, or otherwise violating this ordinance, shoot any such dog whenever they deem it necessary to protect themselves or any other person from being physically harmed by any dog.
1400.11. Animal Control Officer. The city council may by resolution from time to time employ an animal control officer under such terms and conditions as the city council deems necessary.
1400.12. Penalty. Any person violating any condition of this ordinance shall be guilty of a misdemeanor.
1401.00. Cruelty to Animals.
1401.01. Purpose. That the law of the city of New London includes a section relating to the keeping of animals and the purpose of this ordinance is to enlarge said section so as to include provisions relating to the cruelty of animals and the abatement thereof pursuant to Sections 346.20 to 346.34 of Minnesota Statutes, inclusive; that said statutory sections shall be incorporated by reference and made a part of this ordinance as if set out completely herein.
1401.02. Definitions. The word “animal” includes every living creature except the human race; the word “torture” or “cruelty” shall include every act, omission or neglect whereby unnecessary or unjustifiable pain, suffering or death shall be caused or permitted.
1401.03. Violations.
(1)No person shall overdrive, overload, torture, cruelly beat, neglect or unjustifiably injure, maim, mutilate or kill any animal, or cruelly work any animal when unfit for labor, whether belonging to himself or another.
(2)No person shall deprive any animal of which he has charge or control of necessary food, water or shelter.
(3)No person shall abandon any animal.
(4)No person shall willfully set on foot, instigate or in any way further any act of cruelty to any animal or animals, or any act tending to produce such cruelty.
1401.04. Investigation. Any person who has reason to believe that a violation of this ordinance or applicable state law has taken place, or is taking place, may apply to the Kandiyohi County court or other court of competent jurisdiction for a warrant and for an investigation, and shall be prepared to set forth the facts tending to establish the grounds for believing a violation has occurred or is occurring, or probable cause to believe that they exist. If the court is satisfied of the existence of the grounds of the application, it shall issue a search warrant and order for investigation to a peace officer of the county, commanding him to forthwith proceed to the location of the alleged violation taking with him a doctor of veterinary medicine and commanding that a search be made of the place designated in the warrant and an investigation of facts surrounding the alleged violation. The expenses of investigation, including the fee of the doctor of veterinary medicine, the expenses of keeping or disposing of any animal taken into custody pursuant to such investigation, and all expenses reasonable to such investigation, shall be assessed against the person alleged to have violated this ordinance or applicable state statute if the person is found guilty of such violation. If the person is found innocent of such violation, the expenses shall be paid by the treasurer from the general fund of the city.
1401.05. Conflicts. This ordinance is patterned after certain sections of Chapter 346 of Minnesota Statutes and, therefore, if any portion thereof conflicts with said state law, the same shall be repealed to the extent of any such conflicts so that the intent and substance of the state law is preserved and the alleviation of the cruelty to said animal is abated.
1401.06. Penalty. The violation of or failure to comply with any provision of this ordinance or the applicable state law is a misdemeanor.
1402.00. Harboring of Chickens. The following is hereby declared to be the regulations for harboring chickens:
(1)Any person who keeps chickens in the city of New London, other than in an AG zoning district as described in Section 14.01 of the zoning code, shall obtain an annual license prior to acquiring the chickens. The license year commences on January 1 and ends on the following December 31. Applications shall be made to the city clerk. The city clerk shall collect the license fee.
(2)The cost of the annual license is $30. Fees to be charged for the issuance of a license to keep chickens shall be set annually with the city fee schedule.
(3)All licenses must pass a mandatory inspection by the zoning administrator. The zoning administrator may refuse to grant or may revoke a license:
(a)To a person convicted of cruelty to animals under a code, ordinance or statute from this state, or a code, ordinance or statute from another state.
(b)The zoning administrator may refuse to grant or may revoke a license if the chickens become a nuisance, as evidenced by any non-compliance of these requirements.
(c)You must have a signed document with approval from at least 80% of the abuttingproperty owners.
1402.01 Keeping of Chickens
(1)Each person holding a license to keep chickens within the City of New London shall comply with the following:
(a)The principle use of the property where the chickens are to be kept is a single-family dwelling as defined in Section 20.20 of the New London Zoning Code;
(b)No person shall keep more than four chickens;
(c)No person shall keep a rooster;
(d)No person shall keep any chickens inside the single-family dwelling;
(e)No person shall slaughter any chickens within the city of New London;
(f)Chickens shall be provided a secure and well ventilated roofed structure in compliance with the current zoning and building codes;
(g)The roofed structure shall be fully enclosed, wind proof and have a heat source to maintain an adequate indoor temperature during extreme cold conditions;
(h)The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy condition with all dropping and body excretions collected daily and placed in a fire-proof covered container until applied as fertilizer, composted or transported off the premises;
(i)Chickens shall be kept in the roofed structure or any attached fenced yard enclosure at all times;
(j)The fence around the yard enclosure shall be securely constructed with a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals;
(k)The fenced yard enclosure shall be well drained so there is no accumulation of moisture;
(l)A floor area or combination of the floor and fenced yard area for keeping chickens shall not be less than ten square feet of floor space per chicken;
(m) No roofed structure or fenced yard enclosure shall be located closer than 25 feet to any residential dwelling on the adjacent lots.
(n)Building permits are not required for accessory buildings 120 square feet or less, but setback requirements do apply:
Setback from rear property line - 10 feet minimum.
Setback from side property line - 5 feet minimum .
No chicken(s) or structures will be kept in the front yard.
Building permits for structures over 120 square feet can be obtained at City Hall.
(o)An electrical permit is required for any permanent electrical wiring to an accessory structure and can be obtained from the regional electrical inspector;
(p)Chickens shall be kept in the roofed structure or any attached fenced yard enclosure at all times;
(q)No chickens shall be raised or kept for fighting;
(r)Food materials that are stored outside shall be in closed containers with lids at all times;
(s)The accessory structure shall be screened from view of adjacent properties and public streets through the use of landscaping, berming, fencing or a combination thereof.
(t)A certificate showing that all required vaccinations have been given must be presented at the time of initial inspection.
(2) You are required to attach a site plan, drawn to scale, of the proposed building and fenced yardenclosure showing compliance with all applicable ordinance requirements.
1402.02. Penalty. The violation of or failure to comply with any provision of this ordinance or the applicable state law is a misdemeanor.