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1999-05-12
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1999-05-12
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first request consent to enter the premises from the property owners; or, failing <br /> that, seek a warrant prior to inspecting a premises for possible animal code <br /> violations sa <br /> However, it may be possible overcome the need for a search warrant by the <br /> use of an implied consent provision in the municipality's animal ordinance. <br /> The provision authorizes warrantless searches of an animal owner's property <br /> based upon the idea that a person who owns an animal has impliedly given <br /> permission to the City to enter the premises in order to control or inspect the <br /> animal. This, however, has been challenged in other states and struck down as <br /> violation of a person's constitutional rights." <br /> 2. Animals at large <br /> An animal roaming about, unattended is considered to be a public nuisance.' <br /> The municipality has a duty to capture the animal running at large so as to <br /> prevent injury to the public 5 Therefore, most municipalities have enacted <br /> "leash laws." These ordinances require animals to be kept under the control of <br /> the owner by use of a leash or some other restrictive device when outdoors. <br /> B. Care for animal once captured <br /> Once a municipality has captured an animal, Minnesota statutes impose certain duties <br /> upon the municipality for the care of the animal 5 The following discusses the <br /> required care of captured cats and dogs. <br /> 1. Transport <br /> Minnesota statute specifies the method and manner in which an animal must <br /> be transported. The container in which the animal is placed must meet the <br /> following requirements: constructed of nonabrasive wire or a smooth, durable <br /> material, provide protection to the animal, adequately ventilated, provide <br /> enough space for the animal to turn around, kept clean. <br /> 2. Confinement <br /> a. Shelter <br /> Statutes also provide guidelines for the type of shelter in which the <br /> animal is confined 6 Generally, the confinement area must provide <br /> sufficient space to allow the animal to turn about freely, stand, sit, and <br /> lie in a normal position b Animals may be kept together, but they must <br /> be compatible and there must be sufficient space for each one. Thus, <br /> the statute provides a formula for ascertaining the minimum floor <br /> space required given the animal 6J <br /> In addition, the general conditions of the confinement area must be <br /> sanitary— in other words clean and in good repair. There should be <br /> can „n J a,.s s ivOrEBOOA,..f,,.,C0 .,0 64 Caw tape ,(,.,,.a. Gov 09,9 <br />
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