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E. Kennels Minnesota statutes provide for the regulation of kennels." The statutes require the owner /operator of a kennel to obtain a license for operation from the Board of Animal Health. A municipality may, however, incorporate the statutory provisions into its animal control provisions or draft an ordinance that better defines what constitutes a kennel and any additional restrictions. V. THE RESPONSIBILITIES OF THE ANIMAL OWNER A. Obtaining a licence Many ordinances provide that an individual cannot own an animal that has not received proper vaccinations. In order to have this type of provision the City must require proof of vaccination. Ordinances that require animal owners to "check the box" as to whether or not their animal has been vaccinated have been challenged as violating a person's right against self - incrimination. Therefore, it is better to merely require a certificate from a veterinarian that the animal had been vaccinated. B. Humane care Minnesota Statute, chapter 343, prevents cruelty to animals. Cities may have similar provisions. However, those provisions should be very specific, e.g., requiring that animals be given proper food, water and shelter. Otherwise they may challenged for being too vague and thus violating a person's due process rights. Rather than drafting its own provisions a City may incorporate state law into its ordinance. In making the determination that an animal is being treated cruelly, the City must take into consideration the breed of animal in question. Otherwise, an owner may challenge a citation for animal cruelty on the basis that the ordinance was applied to him or her arbitrarily. For example, certain breeds of dogs do not require an enclosed shelter while outside; even though it may be a typical Minnesota winter and 30 degrees below outside. Thus, it would be inappropriate for the City to issue a citation for animal cruelty on the basis that the owner failed to comply with the ordinance by failing to have an enclosed shelter. VI. THE CAPTURE AND CUSTODY OF AN ANIMAL — WHAT ARE THE IMPLICATIONS? A. Seizure of animals 1. Authority to enter the animal owner's premises In order to enforce its animal control ordinances, enforcement officers may need to enter onto the premises of an animal owner for inspection purposes. Generally, a search warrant is required to enter upon a person's premises, inspect it, and seize any property." Therefore, an enforcement officer should VYZOl911\:UOX ORAMMOITSOOrinMACCO. NPO 63 Copy. W °e m ! plM,wu Cams 0 is..