[Adopted 4-18-2006 by Ord. No. 354]
It is the intent of the City of Isanti 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. The intent of this article is to use the same statutory framework as Minn. Stat. § 346.155 (2005) which governs some exotic animals.
As used in this article, the terms defined in this section shall have the meanings ascribed to them:
COMPANION ANIMAL
Any animal that is commonly kept by persons as a pet or for companionship. The definition of "companion animal" includes but is not limited to domesticated dogs and domesticated cats.
DOMESTIC ANIMAL
A companion animal.
EXOTIC ANIMAL
Any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include but are not limited to, any of the species, orders or families listed in § 87-21 below, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in § 87-21 below are intended to serve as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified.
A. 
Prohibited animals. It shall be unlawful for any person to own, possess, keep, maintain, harbor, bring or have in one's possession within the City of Isanti any exotic animal or any of the following animals, whether or not classified as an exotic animal, all of which are hereinafter collectively referenced as "prohibited animals":
(1) 
Any animal or species prohibited by federal or Minnesota law.
(2) 
Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies.
(3) 
Any large cat or members of the family Felidae, such as lions, tigers, jaguars, leopards, bobcats, lynx, cougars, and ocelots, but not including commonly accepted domesticated house cats.
(4) 
Any member of the family Canidae, such as wolves, dingoes, foxes, coyotes and jackals, but not including commonly accepted domesticated house dogs or trained hunting or working dogs.
(5) 
Any interspecies crossbreed or hybrid animal or species including but not limited to crossbreeds between dogs and coyotes or between dogs and wolves.
(6) 
Any raccoon.
(7) 
Any red-eared turtle (Pseudemys scriptae-legans) with a shell length of less than four inches.
(8) 
Any venomous snake, or any snake, whether or not venomous, that, at a mature age, can reasonably be expected to reach or exceed four feet in length.
(9) 
Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
(10) 
Ursidae (all bears).
(11) 
Crocodilia (alligators, crocodiles).
(12) 
Proboscidae (elephants).
(13) 
Hyanenidae (hyenas).
(14) 
Artiodatyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats).
(15) 
Procyonidae (raccoons, coatis).
(16) 
Marsupialia (kangaroos, opossums).
(17) 
Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules).
(18) 
Edentata (anteaters, sloths, armadillos).
(19) 
Viverridae (mongooses, civets, and genets).
B. 
Any person keeping any prohibited animal shall be subject to immediate seizure of such animal by animal control as further governed by the provisions of § 87-25 below.
C. 
It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within the City of Isanti or any residence or business premises situated thereon to possess upon or to knowingly permit any other person to be in possession of any prohibited animal(s) upon such property, residence or premises.
A. 
The following shall be exempt from the provisions of this article subject to the conditions herein noted:
(1) 
Licensed humane societies.
(2) 
Animal Control Officers.
(3) 
Licensed veterinary hospitals or clinics.
(4) 
Any wildlife rehabilitator licensed by the state who temporarily keeps exotic animals as defined by this article within the City of Isanti when the purpose is to return the animals to the wild. Wildlife sanctuaries are not exempt.
(5) 
Animals which are lawfully brought into the City on a temporary basis not to exceed 10 days for the purpose of participating in any circus or show; animals lawfully kept by a public zoo or aquarium or by persons temporarily lawfully keeping animals for a specified public zoo or aquarium located within Minnesota as volunteers, docents or otherwise lawfully engaged on behalf of such zoo or aquarium; any bona fide research institution or veterinary hospital.
B. 
Conditions. In all cases protective devices adequate to prevent such animals from escaping or injuring the public shall be provided and properly maintained by the party responsible for such animals. No animal or species shall under any circumstances be kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves, to human beings or to the property of human beings, or which constitutes a public or private nuisance.
A. 
Any person who lawfully owned, possessed, kept or harbored exotic animal(s) on or before the effective date of this article shall be permitted to continue ownership or possession as long as they meet all the requirements set forth under state and federal law in addition to those set forth in this article.
B. 
Anyone whose prohibited animal falls under the grandfather clause shall obtain registration for the animal within 60 days of the effective date of this article. The requirements set forth in Minn. Stat. § 346.155, Subd. 3 and 4 for "regulated animals" are hereby incorporated by reference. In addition, the animal must be housed and cared for in a manner that minimizes as much as reasonably possible the risk of harm to the animal itself and any person, including the owner. This is an ongoing requirement.
C. 
A person shall obtain a registration form from the City of Isanti. Registration shall be denied if the applicant fails to meet any of the registration requirements. A person whose animal is lawfully registered under Minn. Stat. § 346.155 need not register again under this article.
[Amended 7-20-2021 by Ord. No. 763]
D. 
Any person who successfully obtains registration within 60 days of the adoption of this article shall be permitted to hold, keep, harbor or maintain the number of prohibited animals that person was legally permitted to have as of the date of the adoption of this article but shall not be permitted to increase the number of prohibited animals. Animals shall not be replaced when they die or are sold, given away or transferred.
E. 
Any person who has not successfully obtained registration for their animal within 60 days of the adoption of this article shall forfeit the right to keep the animal under the grandfather clause and shall thereafter be deemed to unlawfully possess the animal.
At any and all times, the City shall have the right to inspect the animal and where it is housed upon reasonable notice. Any party who intentionally interferes with or obstructs the inspection violates this article.
[Amended 7-20-2021 by Ord. No. 763]
To govern the seizure of prohibited animals, this article hereby incorporates by reference Minn. Stat. § 346.155, Subd. 5, except Subsection (f)(1) and (2). If the City establishes by a preponderance of the evidence that the animal owner has violated this article, the City may dispose of the animal and charge the animal's owner with any costs related to the seizure. Further, the City shall not be liable for any costs or damages related to the seizure of the animal unless the court finds that the City acted in bad faith in seizing the animal. To govern the disposition of sick exotic animals, this article hereby incorporates by reference Minn. Stat. § 346.155, Subd. 6.
[Amended 7-20-2021 by Ord. No. 763]
Any person who violates any provision of this article shall be deemed guilty of a misdemeanor which shall be punishable according to Chapter 1, Article I. Each day that a violation continues shall constitute a separate offense.