97A.015 Definitions.
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.
HIST: 1986 c 386 art 1 s 4; 1991 c 309 s 13; 1996 c 410 s 58
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:
(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. 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.
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
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
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
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
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
HIST: 1986 c 386 art 1 s 39
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
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
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
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:
(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:
(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.
(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)
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.
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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