1999-05-12 - Laserfiche WebLink

Home Browse Search

first request consent to enter the premises from the property owners; or, failing that, seek a warrant prior to inspecting a premises for possible animal code violations." However, it may be possible overcome the need for a search warrant by the use of an implied consent provision in the municipality's animal ordinance. The provision authorizes warrantless searches of an animal owner's property based upon the idea that a person who owns an animal has irimpliedly given permission to the City to enter the premises in order to control or inspect the animal. This, however, has been challenged in other states and struck down as violation of a person's constitutional rights." 2. Animals at large An animal roaming about, unattended is considered to be a public nuisance.. The municipality has a duty to capture the animal running at large so as to prevent injury to the public." Therefore, most municipalities have enacted "leash taws." These ordinances require animals to be kept under the control of the owner by use of a leash or some other restrictive device when outdoors. B. Care for animal once captured Once a municipality has captured an animal, Minnesota statutes impose certain duties upon the municipality for the care of the animal." The following discusses the required care of captured cats and dogs. 1. Transport Minnesota statute specifies the method and manner in which an animal must be transported." The container in which the animal is placed must meet the following requirements: constructed of nonabrasive wire or a smooth, durable material, provide protection to the animal, adequately ventilated, provide enough space for the animal to turn around, kept clean. 2. Confinement a. Shelter Statutes also provide guidelines for the type of shelter in which the animal is confined 6 Generally, the confinement area must provide sufficient space to allow the animal to turn about freely, stand, sit, and lie in a normal position.' Animals may be kept together, but they must be compatible and there must be sufficient space for each one.' Thus, the statute provides a formula for ascertaining the minimum floor space required given the animal 63 In addition, the general conditions of the confinement area must be sanitary— in other words clean and in good repair." There should be r,. vCL0 . 9QDt1'.voi OFGCIMVTEBOOAU.\2 Kvo 64 C.p,n.H Lap &Maass Ci 01999