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1999-05-12
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1999-05-12
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T MC 145 University Avenue West, St. Paul, Minnesota 55103 -2044 <br /> Lagoa Phone: ( 651) 281 -1200 • (800) 925 -1122 <br /> W d <br /> On. R a' Fax: (651) 281 -1298 • TDD (651) 281 -1290 <br /> FLUFFY, FIDO, & IGOR: ANIMAL CONTROL ORDINANCES <br /> By Carla J. Heyl, LMCIT Senior Staff Attorney, <br /> Ellen A. Longfellow, LMCIT Loss Control, <br /> & Jessica E. Schwie, Law Clerk, League of Minnesota Cities <br /> INTRODUCTION <br /> As this country has become more densely populated the need to regulate animals and pets has <br /> grown.' Therefore, municipalities have a wide range of control over the ownership of pets <br /> and animals. Cities have enacted and successfully enforced laws regarding the following: <br /> • limits on the number of dogs per household; <br /> • requirements for a special permit to have certain pets or to obtain licenses; and <br /> • the ability to order or allow the destruction of pets or other animals.' <br /> II. AUTHORITY FOR REGULATION OF ANIMALS <br /> Animals are considered to be private property; therefore, animals are subject to the same <br /> regulatory devices as any other private property would be under the police powers of the <br /> state' In addition to their property -like characteristics, animals by their nature can be <br /> nuisances due to their odor and noise. Animals also present the potential to cause great bodily <br /> harm. As a result of their nuisance -like nature and potential danger, animal and pet regulation <br /> has been found to be well within the police powers of a municipality.' <br /> Not only is it within the police power of government entities to regulate and control animal <br /> ownership, it is the government's duty! An inherently dangerous condition can be caused by <br /> uncontrolled or vicious dogs or stampeding animals.' A city's failure to respond to such <br /> dangerous conditions may rise to a level of reckless disregard for the public's safety.' <br /> Municipalities must have the authority to take such animals under control in order to satisfy <br /> their duty to keep the City's streets safe. Thus, it is common for municipalities to enact <br /> ordinances that regulate the keeping of animals within its borders. <br /> G J' CL01l177NAl9,,IDRtif /MVTENOOA'A.VMGLCO N/O 58 CW!^Nt Lu{u' ,( Mimeau Cilia C 1911 <br />
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