[Added 3-14-2011 by Ord.
No. 2011-02]
The purpose of this article is to protect the health, safety
and welfare of the residents and citizens of Eureka Township, to protect
confined domestic and nondomestic animals, and to protect the property
rights of owners and nonowners of domestic and nondomestic animals.
A.
Running at large prohibited. At no time shall any dog be permitted
to run at large off the dog owner's property within the limits of
the Township of Eureka.
[Amended 8-13-2007 by Res. No. 59]
B.
Impounding. The Pound Master and every police officer shall impound
any dog found running at large and shall give notice of the impounding
to the owner of such dog, if known.
C.
Penalty. Any person allowing a dog under his control to run at large
shall be responsible for any costs incurred in kennel fees, impounding,
transporting, euthanizing, adoption, and/or cremation of said animal.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1; 3-14-2011 by Ord. No. 2011-02]
A.
Private dog kennel operator's license required.
(1)
No person shall keep six or more dogs on a lot within the Township unless a private kennel is provided for the dogs. No private kennel as defined in § 240-64 housing six or more dogs shall be operated or maintained within the Township of Eureka unless the operator thereof shall first have applied for and obtained a private dog kennel operator's license.
[Amended 11-9-2022 by Ord. No. 2022-05]
(2)
Application for a private dog kennel operator's license shall be
on a form prescribed by the Township and shall include the name and
address of the owner and the operator of the kennel; the address where
the kennel is to be located; a site plan of the property on which
the kennel is to be located that includes the dimensions and location
of the kennel and distances to all existing structures on the property
and dwelling units on nearby properties; a photograph, schematic drawing
or description of the kennel; and the number of dogs proposed to be
kept. The applicant shall appear before both the Planning Commission
and the Town Board at their next regularly scheduled monthly meetings
to represent the license application.
(3)
Licenses shall expire on December 31 of each year. Application for renewal of a license shall be made to the Town Clerk and shall be accompanied by the annual renewal fee specified in Chapter 126, Fees. The Town Board may require a prerenewal inspection. If such an inspection is ordered, the kennel shall be inspected by both a Town Board and Planning Commission member before the license renewal shall be considered by the Town Board. The fee for licenses granted after commencement of the permit year shall be prorated on a quarterly basis.
(4)
No private kennel, other than one in operation at the time of the
passage of this chapter, shall be established within 500 feet of any
dwelling unit, other than the dwelling unit occupied by the operator
of the kennel, unless both the owner and lessee of said adjoining
dwelling unit consent in advance, in writing, to the establishment
of said kennel. Said written consent shall be provided at the time
of application.
B.
Maintenance requirements. The following requirements apply to any
private dog kennel licensed hereunder:
(1)
The kennel shall be constructed of material appropriate for the animal
being confined and sufficient to ensure the secure confinement of
said animal.
(2)
The kennel shall be maintained in good repair.
(3)
The kennel shall be built to conform with all setback requirements
for accessory buildings established in this chapter.
(4)
The kennel shall be maintained and operated in a neat and sanitary
manner. All refuse, garbage and animal waste shall be placed in a
waste receptacle and removed by a licensed waste hauler as often as
necessary to prevent contamination, reduce disease hazards, and keep
the surrounding area free from obnoxious odors.
(5)
The kennel shall provide adequate space for the number of animals
using the kennel. If, following the issue of a license, a person intends
to add more animals to a kennel, a new application must be submitted
showing that the facilities are adequate for the added animals.
(6)
Dogs must at all times be housed or restrained in a manner which
shall assure that the animals will not create a public nuisance. A
public nuisance shall include but not be limited to:
(a)
Keeping or harboring a dog that habitually barks, howls, whines
or makes other discernible animal noises. Habitual barking, howling,
whining, or other discernible animal noises shall be defined as barking,
howling, whining, or other discernible animal noises for repeated
intervals of at least 10 minutes with less than one minute of interruption.
Such animal noises must also be audible off of the owner's premises.
(b)
Emission of offensive odors that unduly impairs the enjoyment
of residents of surrounding properties.
(c)
Presenting a danger to human life or property.
(d)
Presenting a health hazard to human beings.
(7)
Dogs confined in the kennel shall be provided with adequate food
and water to maintain all animals in good health.
(8)
Dogs confined in a kennel shall be inoculated against rabies. Any
animal that has been bitten by a rabid animal, a rabies suspect, or
is believed to have been exposed to rabies shall be subject to Minnesota
Board of Animal Health rules governing impounding, quarantine, vaccination,
and euthanasia.
C.
Violation. Any violation of this section shall be a misdemeanor.
D.
Revocation of license. The Town Board may revoke any private kennel
license if the person holding such license, or any person subject
to the direction or control of the person holding such license, refuses
or fails to comply with the provisions of this chapter, or any other
applicable federal, state or local laws regarding the keeping of dogs,
provided the following procedure is followed:
(1)
The Planning Commission shall hold a public hearing concerning said
kennel license revocation, at which time the license holder and other
interested parties may appear and be heard. The Planning Commission
shall make a finding of facts and recommendation to the Town Board.
(2)
Notice of said hearing shall be mailed to the license holder no later
than 10 days before the date of said hearing and shall be sent by
certified mail.
(3)
Upon receiving the report and recommendation of the Planning Commission,
the Town Board may at its discretion revoke the private dog kennel
operator's license. Revocation shall require passage by a minimum
of three members of the Town Board.
(4)
Any person whose private dog kennel operator's license is revoked
shall, within 30 days, physically remove or dismantle the kennel.
No part of the kennel license fee shall be refunded in such case.
A.
Purpose and intent. It is the intent of the Town Board of the Township
of Eureka to protect the public against the health and safety risks
that exotic animals pose to the community and to protect the welfare
of individual animals that are held in private possession. By their
very nature, exotic animals are wild and potentially dangerous and,
as such, do not adjust well to a captive environment.
B.
Keeping of exotic animals prohibited.
(1)
It shall be unlawful for any person to own, possess, keep, harbor,
bring, or have in one's possession an exotic animal within Township
limits.
(2)
It shall be unlawful for the owner, possessor, or any other person
in control of a lot, tract, or parcel of land within the Township
or any residence or business premises situated thereon to knowingly
permit any other person to be in possession of an exotic animal or
exotic animals upon the property, residence or premises.
C.
Exceptions. The following shall be exempt from these ordinances under
the conditions noted:
[Amended 8-13-2007 by Res. No. 59]
(1)
Animal control officers.
(2)
Licensed veterinary hospitals or clinics.
(3)
Any wildlife rehabilitator licensed by the state who temporarily
keeps exotic animals within the Township when the purpose is to return
the animals to the wild.
(4)
Any person who owned, possessed, kept or harbored exotic animal(s)
on or before the effective date of this chapter, provided that all
federal, state, and local licensing and/or approval requirements are
met. Any person who falls within this subsection shall be permitted
to hold, keep, harbor or maintain the number of exotic animals that
person was legally permitted to hold, keep, harbor or maintain as
of the date of adoption of this chapter but shall not be permitted
to increase the number of exotic animals held, kept, harbored or maintained
within the Township.
D.
Violations and penalties. Any person who violates any provision of
this section shall be deemed guilty of a misdemeanor and shall be
punishable according to state law. Each day that a violation continues
shall constitute a separate offense.
The following performance standards shall apply to the keeping
of animals within the Township:
A.
One animal unit shall be allowed for the first two contiguous contained
acres, and one additional animal unit for each additional contiguous
acre.
B.
No more than five animal units may be kept at any time.
[Amended 10-9-2012 by Ord. No. 2012-02]
D.
Animals may not be confined in a pen or building within 175 feet
of any residential dwelling not owned or leased by the owner of the
animals. A site plan shall be filed with the Town Clerk showing the
location of all pens or buildings used to confine animals.
E.
Minnesota Rules regarding feedlots shall apply.
