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        State Veterinarian


        T. J. HAGERTY
        Ph: 612-296-2942 Fax: 612-296-7417
        Executive Sec.-Board of Animal Health
        90 West Plato
        St. Paul, MN 55107

        CHAPTER 97A GAME AND FISH

        97A.015 Definitions.
         

          Subdivision 1.    Applicability.
          The terms defined in this section apply to this chapter and chapters 97B and 97C.

          Subd. 12.    Contraband.  "Contraband" means:
          (1) a wild animal taken, bought, sold, transported, or possessed in violation of the game and fish laws, and all instrumentalities and devices used in taking wild animals in violation of the game and fish laws that are subject to confiscation; and
          (2) wild rice and other aquatic vegetation harvested, bought, sold, transported, or possessed in violation of chapter 84.

          Subd. 39.    Protected wild animals.
          "Protected wild animals" are the following wild animals:  big game, small game, game fish, rough fish, minnows, leeches, alewives, ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, turtles, clams, mussels, timber wolf, mourning doves, and wild animals that are protected by a restriction in the time or manner of taking, other than a restriction in the use of artificial lights, poison, or motor vehicles.

          Subd. 53.    Unprotected wild animals.
          "Unprotected wild animals" means wild animals that are not protected wild animals including weasel, coyote (brush wolf), gopher, porcupine, striped skunk, and unprotected birds.

          Subd. 55.    Wild animals.
          "Wild animals" means all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.

        97A.025 Ownership of wild animals.
         
          The ownership of wild animals of the state is in the state, in its sovereign capacity for the benefit of all the people of the state.  A person may not acquire a property right in wild animals, or destroy them, unless authorized under the game and fish laws, sections 84.091 to 84.15, or sections 17.47 to 17.498.

              HIST: 1986 c 386 art 1 s 4; 1991 c 309 s 13; 1996 c 410 s 58

        97A.041 Exhibition of wildlife.
         
          Subdivision 1.    Definition.
          For the purposes of this section, "wildlife" means any wild mammal, wild bird, reptile, or amphibian.

          Subd. 2.    Possession.
          A person connected with a commercial enterprise may not possess wildlife in captivity for public exhibition purposes, except under permit as provided in this section.

          Subd. 3.    Permit.
          The commissioner may issue a permit to possess wildlife for public exhibition to an applicant qualified by education or experience in the care and treatment of wildlife.  The permit fee is $10.  The commissioner may prescribe terms and conditions of the permit.  A permit issued under this section shall include a condition that allows an enforcement officer to enter and inspect the facilities where the wildlife covered by the permit are held in captivity.

          Subd. 4.    Permit application.
          An application for a permit must include:
           

            (1) a statement regarding the education or experience in the care and treatment of wildlife of the applicant and each individual employed by the applicant for that purpose;

            (2) a description of the facilities used to keep the wildlife in captivity;

            (3) a statement of the number of species or subspecies of wildlife to be covered by the permit and a statement describing where and from whom the wildlife was acquired;

            (4) a signed agreement that the standards prescribed by the commissioner will be followed; and

            (5) other information requested by the commissioner.

          Subd. 5.    Care and treatment.
          The commissioner shall adopt, under chapter 14, reasonable standards for the care and treatment of captive wildlife for public display purposes, including standards of sanitation.

          Subd. 6.    Violation of possession standards.
          If a violation is found during an inspection, the commissioner shall give the permittee notice to abate the violation within an adequate time determined by the commissioner.  If the violation has not been abated when the time expires, the commissioner may request the attorney general to bring an action to abate the violation.

          Subd. 7.    Exemption for zoos, circuses, pet shops.
          This section does not apply to a publicly owned zoo or wildlife exhibit, privately owned traveling zoo or circus, or a pet shop.

          HIST: 1986 c 386 art 1 s 7


        97A.201 Enforcement.
         

          Subdivision 1.    Enforcement by the commissioner.
          The commissioner shall execute and enforce the laws relating to wild animals.  The commissioner may delegate execution and enforcement of the wild animal laws to the director and enforcement officers.

          Subd. 2.    Duty of county attorneys and peace officers.
          County attorneys and all peace officers must enforce the game and fish laws.

          HIST: 1986 c 386 art 1 s 33; 1987 c 149 art 1 s 16

        97A.205 Enforcement officer powers.
         
          An enforcement officer is authorized to:
          (1) execute and serve court issued warrants and processes relating to wild animals, wild rice, public waters, water pollution, conservation, and use of water, in the same manner as a constable or sheriff;
          (2) enter any land to carry out the duties and functions of the division;
          (3) make investigations of violations of the game and fish laws;
          (4) take an affidavit, if it aids an investigation;
          (5) arrest, without a warrant, a person who is detected in the actual violation of the game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 86B.001 to 86B.815, 89.51 to 89.61; or 609.66, subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and
          (6) take an arrested person before a court in the county where the offense was committed and make a complaint.

          Nothing in this section grants an enforcement officer any greater powers than other licensed peace officers.

          HIST: 1986 c 386 art 1 s 34; 1987 c 109 s 12; 1987 c 384 art 1 s 6; 1990 c 391 art 10 s 3; 1990 c 558 s 1; 1Sp1995 c 1 s 19; 1996 c 385 art 2 s 3

        97A.211 Arrest procedures.
          Subdivision 1.    Notice to appear in court.
          (a) A person must be given notice to appear in court for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 if:
            (1) the person is arrested and is released from custody prior to appearing before a court; or
            (2) the person is subject to a lawful arrest and is not arrested because it reasonably appears to the enforcement officer that arrest is unnecessary to prevent further criminal conduct and that there is a substantial likelihood that the person will respond to a notice.
          (b) The enforcement officer shall prepare, in quadruplicate, a written notice to appear in court.  The notice must be in the form and has the effect of a summons and complaint.  The notice must contain the name and address of the person charged, the offense, and the time and the place to appear in court.  The court must have jurisdiction within the county where the offense is alleged to have been committed.

          Subd. 2.    Release after arrest.
          A person arrested for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 may obtain release by signing the written notice prepared by the arresting officer promising to appear in court.  The officer shall deliver a copy marked "SUMMONS" to the person arrested.  The officer must then release the person from custody.

          Subd. 3.    Court appearance.
          On or before the court appearance date, the enforcement officer must deliver the summons and complaint to the court.  If the person summoned fails to appear in court on the day specified, the court shall issue a warrant for the person's arrest.

          HIST: 1986 c 386 art 1 s 35; 1987 c 149 art 1 s 17,18; 1990 c 391 art 8 s 24,25; 1996 c 385 art 2 s 4,5

        97A.215 Inspections.
          Subdivision 1.    Storage of wild animals.
          (a) When an enforcement officer has probable cause to believe that wild animals possessed or stored in violation of the game and fish laws are present, the enforcement officer may enter and inspect any commercial cold storage warehouse, hotel, restaurant, ice house, locker plant, butcher shop, and other building used to store dressed meat, game, or fish, to determine whether wild animals are kept and stored in compliance with the game and fish laws.
          (b) When an enforcement officer has probable cause to believe that wild animals taken or possessed in violation of the game and fish laws are present, the officer may:
            (1) enter and inspect any place or vehicle; and
            (2) open and inspect any package or container.
          Subd. 2.    Records.  An enforcement officer may inspect the relevant records of any person that the officer has probable cause to believe has violated the game and fish laws.

          Subd. 3.    Licensed activity.  An enforcement officer may, at reasonable times:
          (1) enter and inspect the premises of an activity requiring a license under the game and fish laws; and
          (2) stop and inspect a motor vehicle requiring a license under the game and fish laws.

          HIST: 1986 c 386 art 1 s 36; 1987 c 169 s 1

        97A.221 Seizure and confiscation of property.
          Subdivision 1.    Property subject to seizure and confiscation.
          (a) An enforcement officer may seize:
            (1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported, or possessed in violation of the game and fish laws or chapter 84 or 84D; and
            (2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights, lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment that are used with the owner's knowledge to unlawfully take or transport wild animals, wild rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.
          (b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is subject to the provisions of section 97A.225.
          (c) An enforcement officer must seize nets and equipment unlawfully possessed within ten miles of Lake of the Woods or Rainy Lake.

          Subd. 2.    Seizure of commingled shipments.
          A whole shipment or parcel is contraband if two or more wild animals are shipped or possessed in the same container, vehicle, or room, or in any way commingled, and any of the animals are contraband.  Seizure of any part of a shipment includes the entire shipment.

          Subd. 3.    Procedure for confiscation of property seized.
          The enforcement officer must hold the seized property.  The property held may be confiscated when:
          (1) the person from whom the property was seized is convicted; or
          (2) the property seized is contraband consisting of a wild animal, wild rice, or other aquatic vegetation.

          Subd. 4.    Disposal of confiscated property.
          Confiscated property may be disposed of or retained for use by the commissioner, or sold at the highest price obtainable as prescribed by the commissioner.  Upon acquittal or dismissal of the charged violation for which the property was seized, all property, other than contraband consisting of a wild animal, wild rice, or other aquatic vegetation, must be returned to the person from whom the property was seized.

          HIST: 1986 c 386 art 1 s 37; 1987 c 149 art 1 s 19; 1Sp1995 c 1 s 20; 1996 c 385 art 2 s 6

        97A.231 Search warrants.
          Upon complaint establishing that the complainant has probable cause to believe that a wild animal taken, bought, sold, transported, or possessed in violation of the game and fish laws, or contraband, is concealed or illegally kept in a place, a judge, authorized to issue warrants in criminal cases, may issue a search warrant.  The judge may direct that the place be entered, broken open, and examined.  Property seized under the warrant shall be safely kept under the direction of the court so long as necessary for the purpose of being used as evidence in a trial and subsequently disposed of as otherwise provided.

          HIST: 1986 c 386 art 1 s 39

        97A.401 Special permits.
          Subdivision 1.    Commissioner's authority.
          The commissioner may issue special permits for the activities in this section.

          Subd. 2.    Zoological specimen collecting.
          Special permits may be issued without a fee to municipalities, incorporated natural history societies, high schools, colleges, and universities that maintain a zoological collection, to collect specimens of eggs, nests, and wild animals for scientific or exhibition purposes.

          Subd. 3.    Taking, possessing, and transporting wild animals for certain purposes.
          (a) Except as provided in paragraph (b), special permits may be issued without a fee to take, possess, and transport wild animals as pets and for scientific, educational, rehabilitative, and exhibition purposes.  The commissioner shall prescribe the conditions for taking, possessing, transporting, and disposing of the wild animals.
          (b) A special permit may not be issued to take or possess wild or native deer for exhibition or propagation.
          (c) The commissioner shall establish criteria for issuing special permits for persons to possess wild and native deer as pets.

          Subd. 4.    Taking wild animals from game refuges, wildlife management, and other areas.  Special permits may be issued, with or without a fee, to take a wild animal from game refuges, wildlife management areas, state parks, controlled hunting zones, and other areas of the state that the commissioner may open for the taking of a wild animal during a special season or subject to special restrictions.  In addition, an application fee may be charged for a special permit.  Local units of government may charge an administrative fee in connection with special hunts under their jurisdiction.  Fees to be collected shall be based upon the estimated cost of conducting the special season or administering the special restrictions.

          Subd. 5.    Wild animals damaging property.
          Special permits may be issued with or without a fee to take protected wild animals that are damaging property.  A special permit issued under this subdivision to take beaver must state the number to be taken.

          Subd. 6.    Endangered muskrats.
          Special permits may be issued with or without a fee to take muskrats in danger of freezing out or starving in the winter.

          Subd. 7.    Raptors.
          The commissioner shall prescribe conditions and may issue permits for persons to breed, propagate, and sell raptors.

          HIST: 1986 c 386 art 1 s 53; 1986 c 450 s 2; 1989 c 287 s 2; 1993 c 231 s 17; 1Sp1995 c 1 s 21; 1996 c 410 s 24

        97A.501 Wild animals; general restrictions.
          Subdivision 1.    General restrictions.
          A person may not take, buy, sell, transport, or possess a protected wild animal unless allowed by the game and fish laws.  The ownership of all wild animals is in the state, unless the wild animal has been lawfully acquired under the game and fish laws.  The ownership of a wild animal that is lawfully acquired reverts to the state if a law relating to sale, transportation, or possession of the wild animal is violated.

          Subd. 2.    Endangered species.
          A person may not take, import, transport, or sell an endangered species of wild animal, or sell, or possess with intent to sell an article made from the parts of a wild animal, except as provided in section 84.0895.

          Subd. 3.    Contraceptive chemicals.
          (a) A person may not administer contraceptive chemicals to noncaptive wild animals without a permit issued by the commissioner.
          (b) The commissioner shall adopt rules establishing standards and guidelines for the administration of contraceptive chemicals to noncaptive wild animals.  The rules may specify chemical delivery methods and devices and monitoring requirements.

          HIST: 1986 c 386 art 1 s 71; 1987 c 384 art 1 s 10; 1994 c 623 art 1 s 26

        97A.505 Possession of wild animals.
          Subdivision 1. Repealed, 1987 c 149 art 1 s 54

          Subd. 2.    Possession of unlawful animals brought into the state prohibited.
          A person may not possess a wild animal that has been unlawfully taken, bought, sold, or possessed outside the state, or unlawfully shipped into the state.

          Subd. 3. Repealed, 1987 c 149 art 1 s 54

          Subd. 3a.    Transportation of animals into state.
          Wild animals lawfully taken, bought, sold, or possessed outside the state may be brought or shipped into the state unless otherwise provided by law.

          Subd. 4.    Storage of protected wild animals.
          A person that stores protected wild animals for others must plainly mark the package, in ink, with the name and address of the owner, the license number of the person taking the animal, and the number and species in the package.  A person may not use a commercial cold storage warehouse for protected wild animals, except lawfully taken fish and furs.

          Subd. 5.    License not required for animals acquired by gift.
          Lawfully taken protected wild animals may be transferred by gift.  A person is not required to have a license to possess and transport protected wild animals acquired by gift.

          Subd. 6. Repealed, 1987 c 149 art 1 s 54

          Subd. 7.    Exceptions to this section.
          This section does not apply to mounted specimens of wild animals, antlers, tanned hides, and dressed furs lawfully taken.

          HIST: 1986 c 386 art 1 s 72; 1987 c 149 art 1 s 34,35; 1993 c 231 s 30,31


        CODE OF ORDINANCES
        City of MINNEAPOLIS, MINNESOTA
        Codified through Ord. No. 98-Or-124,
        enacted October 24, 1998.
        (Supplement No. 16, Update 7)

        CODE OF ORDINANCES
        Title 4 ANIMALS AND FOWL*

        CHAPTER 62. IN GENERAL

        62.10. Enforcement by department of health.
        The department of health shall enforce the provisions of Chapters 64 and 66.
        (Code 1960, As Amend., § 812.010; Ord. of 6-13-75, § 2)

        62.20. Animal control officer; animal wardens.
        The commissioner of health may appoint or designate an inspector to be detailed as animal control officer to enforce the provisions of this chapter and to perform such duties in connection with the enforcement thereof as the commissioner of health or the Code of Ordinances may direct. The commissioner of health may employ, at such times as he or she may deem necessary, persons to be designated as animal wardens and equipment for the purpose of capturing and conveying to an animal pound all animals in violation of this Code. Such animal wardens shall be under the supervision of the animal control officer and the commissioner of health. Such animal wardens are authorized to issue violation tags and to carry and display appropriate badges or identification.
        (Code 1960, As Amend., § 812.020; Ord. of 6-13-75, § 2)

        62.30. Interfering with animal wardens.
        No person shall in any manner molest, hinder or interfere with the commissioner of health, his or her agents, any police officer, or any animal warden employed directly or by contract with the city to capture animals and convey them to the animal pound while such person is engaged in such occupation.
        (Code 1960, As Amend., § 812.030; Ord. of 6-13-75, § 2)

        CHAPTER 64. DOGS AND CATS*

        64.20. Collars and tags required.
        Every person required to obtain a dog or cat license under this chapter shall place and keep around the neck of the dog or cat a permanent-type collar to which shall be securely attached the metallic license tag issued at the time the license was applied for. No person shall make, sell, purchase, possess, place or allow to be placed on any dog or cat any metallic tag of the same form, shape, or appearance as the official metallic license tag.
        (Code 1960, As Amend., § 810.020; Ord. of 6-13-75, § 2; 86-Or-113, § 2, 5-23-86)

        64.110. Dangerous animals.
        (a) As used in this section, "dangerous animals" shall mean and include:

          (1) Any animal which attacks a human being or domestic animal without provocation; or
          (2) Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of humans or other domestic animals; or
          (3) Any animal declared by the animal control officer to be a dangerous animal, as defined herein, or any animal determined to be a dangerous animal under the authority of section 64.120 of this Code.
        (b) No person owning or harboring or having the care or custody of a dangerous animal shall suffer or permit such animal to go unconfined on the premises of such person. A dangerous animal is "unconfined" as the term is used in this section if such animal is not securely confined indoors or confined in a secure enclosure suitably sized for the animal so confined upon the premises of said person. An "enclosure" is secure within the meaning of this section if it is constructed of heavy gauge steel mesh, or other suitable material; consists of a top and sides, with the bottom of such sides fastened along their perimeter to a slab floor of concrete or other suitable material; where no slab floor is provided, the sides must be embedded into the ground no less than one foot; all access points of the enclosure must be locked when the animal is confined therein.

        (c) No person owning or harboring, or having the care of a dangerous animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely muzzled and restrained with a chain not exceeding three (3) feet in length, and having a tensile strength sufficient to restrain the animal. Animals which are actively participating in recognized local, regional or national trials, training or other such sponsored competition, need not be muzzled while being transported to or from or during such competition.

        (d) No person shall own or harbor any animal for the purpose of fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals.

        (e) Any person harboring or owning a dangerous animal that is found to be in violation of this ordinance shall be subject to the provisions of section 64.120 of this Code.

        (f) Dogs owned and controlled by local, state and federal law enforcement agencies which are used in law enforcement or related activities are exempt from the provisions of this section.

        (g) Severability. If any portion of this ordinance should be declared unenforceable, it shall be severed from the ordinance, the remainder of which shall remain in full force and effect.
        (86-Or-115, 5-23-86; 88-Or-087, § 2, 5-13-88; 88-Or-098, § 1, 5-27-88; 94-Or-035, § 1, 3-10-95)

        64.120. Disposition of animals.
        (a) The commissioner of health or the commissioner's agent is authorized to order the destruction or other disposition of any animal which:

          (1) Has bitten one or more persons on two (2) or more occasions, or

          (2) Has caused serious bodily injury or disfigurement to any person, or

          (3) Has engaged in an attack on or exhibited unusually aggressive behavior towards any person or other animal under circumstances which would indicate danger to safety of the person or animal, or

          (4) Is prohibited by or found to be in violation of section 64.110 of this Code, or

          (5) Is prohibited by section 74.50 of this Code.

        (b) The commissioner of health or the commissioner's agent, after having been advised of the existence of such animal as defined above, shall proceed as follows:
          (1) The owner of the offending animal shall be notified in writing as to the reasons the animal is subject to disposition under this section (Petn No 245900) and where applicable, the dates, times, and places, of animals or persons bitten, attacked, injured or disfigured, and shall be given ten (10) days to request a hearing for a determination as to the disposition of the animal. If the owner does not request a hearing within ten (10) days of the notice, the commissioner shall make appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.

          (2) If the owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the commissioner at a date not more than four (4) weeks after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the commissioner shall make a determination whether or not the animal is dangerous. The commissioner shall make an appropriate order, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.

          (3) A dangerous animal running at large shall be apprehended and if the animal bears no identification which reasonably reveals its ownership, the animal control officer shall impound the animal until the five-day holding period required by section 62.40, or, if the animal has bitten, the ten-day quarantine period required by section 66.40, is completed. If the animal has not been claimed, it shall be destroyed at the end of the appropriate period. If the animal is claimed, upon payment of kennel fees, it shall be released to the person paying such fees if the commissioner of health does not proceed in accordance with subsection (b)(1) and (2).

          (4) The commissioner of health or the commissioner's agent may apply to the District Court of Hennepin County for subpoenas for hearings under subparagraph (2) above.
          (88-Or-087, § 3, 5-13-88; 95-Or-035, § 1, 3-10-95)

        64.130. Concealing of dangerous animals.
        Any person who harbors, hides or conceals an animal found to be dangerous by the commissioner of health which animal has been ordered into custody for destruction or other proper disposition shall be
        guilty of a misdemeanor.
        (88-Or-087, § 4, 5-13-88)

        CHAPTER 66. RABIES CONTROL*
        *State law reference(s)--Rabies control, M.S. § 35.67 et seq.

        66.10. Vaccination of dogs required.
        No person shall keep, harbor, or maintain care, custody, or control over any dog over four (4) months of age unless said dog has been vaccinated in accordance with the terms of this section. After three (3) months of age and before four (4) months of age the dog shall be first vaccinated with an approved rabies vaccine. Within twelve (12) months after its original vaccination, the dog shall receive a booster vaccination with an approved rabies vaccine. Thereafter, the dog shall receive booster vaccinations every twelve (12) to thirty-six (36) months, depending on the prescribed frequency of booster vaccinations in the manufacturer's specifications for the vaccine previously used. All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian, and the dog owner shall obtain a certificate of vaccination.
        (Code 1960, As Amend., § 811.010; Ord. of 6-13-75, § 2; 86-Or-185, § 1, 8-8-86)

        66.20. Vaccination of cats required. (omitted)

        66.30. Defense.
        It shall be a defense for any person charged with a violation of section 66.10 or 66.20 to show by way of a certificate of vaccination from a veterinarian that the dog or cat had been vaccinated for rabies in  conformance with the provisions of this chapter on the day prior to the day of the alleged violation.
        (Code 1960, As Amend., § 811.030; Ord. of 6-13-75, § 2)

        66.40. Impoundment of rabies suspects.

          (a) Any dog or cat not vaccinated in accordance with sections 66.10 and 66.20 which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the city contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the dog or cat has no clinical sign of rabies, it may be released to the owner upon the condition that the owner have the animal vaccinated and licensed as required by this Code. In the case of a stray, the animal shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person having custody or control of any dog or cat, not vaccinated in accordance with sections 66.10 and 66.20, which has bitten any person, to refuse to release such dog or cat and make it immediately available to the commissioner of health or the commissioner's agent for the purpose of quarantine.
          (b) Any dog or cat vaccinated in accordance with section 66.10 or 66.20 which has bitten any person shall be confined by the owner or other responsible person in such manner as the commissioner of health may direct and for a period of not less than ten (10) days. The commissioner of health or the commissioner's authorized representative shall conduct a midterm and terminal examination of the animal. If no signs of rabies are observed by the commissioner, the domestic animal may be released from confinement. It shall be unlawful for any owner or person in custody or control of any vaccinated dog or cat which has bitten any person to refuse or fail to quarantine such dog or cat as required by this subsection. The commissioner of health or the commissioner's agent shall seize any dog or cat not quarantined in accordance with this subsection.
          (c) Any other animal which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the city contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the animal has no clinical sign of rabies, the animal may, with the approval of the commissioner of health, be released to the owner. In the case of an unclaimed animal, it shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person in custody or control of any animal which has bitten any person to refuse to release such animal and make it immediately available to the commissioner of health or the commissioner's agent for the purpose of quarantine.
          (d) Any rabies suspect impounded or confined under this section which is found to be sick or diseased shall be reported immediately in writing to the commissioner of health by the attending veterinarian or operator of the quarantine facility. The commissioner of health shall then take possession of such animal for the purpose of determining if it is suffering from rabies.
          (e) Nothing in this section shall be read so as to conflict with the requirements of section 64.120 as it pertains to destruction of dangerous animals.
          (Code 1960, As Amend., § 811.040; Ord. of 6-13-75, § 2; 80-Or-243, §§ 1--3, 10-10-80; Pet. No. 248858, § 3, 3-31-89)
        68.50. Diseased and vicious animals prohibited.
        No person shall bring into his place of business or into the city, or have in his possession for sale or otherwise, any animal which is vicious or diseased under section 72.10 or 74.50.
        (Code 1960, As Amend., § 813.050; Ord. of 6-13-75, § 2)

        CHAPTER 74. MISCELLANEOUS REGULATIONS

        74.50. Vicious animals; animals wild by nature.
        No person shall keep or allow to be kept any place in the city any animal of a ferocious or vicious character, habit or disposition or any animal wild by nature.
        (Code 1960, As Amend., § 816.050; Ord. of 6-13-75, § 2)

        74.60. Exceptions; permit required.
        Any person desiring to keep an animal prohibited under sections 74.40 and 74.50 shall obtain a special permit from the commissioner of health. Such permit shall be issued for a period not to exceed fourteen (14) days and shall specify further conditions under which such animal shall be kept. Provided, however, that no such permit shall be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show or promotional purposes only.
        (Code 1960, As Amend., § 816.060; Ord. of 6-13-75, § 2; 78-Or-131, § 1, 7-28-78; 90-Or-222, § 1, 8-31-90)

        74.70. Reserved.
        Editor's note--Section 1 of 88-Or-088, adopted May 13, 1988, deleted § 74.70 in its entirety. Said section pertained to destruction of dangerous animals, and was derived from Code 1960, as amended, § 816.070; and § 2 of an ordinance of June 13, 1975.
         



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