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City of Gem Lake, Ramsey County, Minnesota <br />Domestic Fowl and Pigeons <br />Ordinance No. 141 <br />AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 110 & ORDINANCE NO. 126, REGULATING THE <br />KEEPING OF DOMESTIC FOWL AND PIGEONS WITHIN THE CITY OF GEM LAKE <br />The City Council of the City of Gem Lake hereby ordains the Ordinance No. 110 & Ordinance No. 126 shall be repealed and replaced <br />with the following: <br />Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to protect and promote the health, safety and general welfare <br />of the people of Gem Lake and adjacent communities as well as the health and general welfare of all animals owned, possessed or <br />harbored within the City. This Ordinance regulates the number and type of domestic fowl and pigeons, which may be kept, and the <br />manner in which they shall be kept. <br />Section 2. Interpretation, Construction, Scope and Definition. <br />1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum <br />requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any <br />other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements <br />are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. <br />2. Construction. Words used in the present tense include the past and future tense; the singular includes the plural; and the <br />plural includes the singular. The word "shall" is mandatory and the word "may" is permissive. The masculine gender includes <br />the feminine. <br />3. Scope. This Ordinance shall govern and apply to all animals owned, kept, or found within the City of Gem Lake. <br />4. Definitions. <br />1. Animal Control Officer. An agency of the state, county, municipality, or other governmental subdivision of the <br />state which is responsible for animal control operations in its jurisdiction. <br />2. Animal Shelter. Any premises designated by action of the City Council for the purpose of impounding and caring <br />for all animals found running at large or requiring quarantine. <br />3. Commercial Kennel. Any confinement or structure designed to contain and house more than three (3) domestic <br />animals of various types which is owned by a person, group of persons, corporation or other legal entity who own <br />and/or harbor said animals in the City of Gem Lake for other than personal use. This type of kennel relates to a land <br />use matter covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Special <br />or Interim use regulations of the Zoning or Land Use Ordinance of the City of Gem Lake. <br />4. Confinement Area. A structure used or designed for use to restrict an animal to a limited amount of space, such as <br />a room, pen, cage, kennel, compartment, crate, or hutch. <br />5. Domestic Fowl. Chickens, ducks, turkeys, and other commonly domesticated fowl, excluding ostrich, emu, <br />peacocks, or other large birds. <br />6. Exposed to Rabies. Any animal that has been bitten by or otherwise exposed to any other animal known to be or <br />have been infected with rabies. <br />7. Foster Care Provider. A person who provides care or rehabilitation for companion animals through an affiliation <br />with a public or private animal shelter, home -based rescue, releasing agency, or other animal welfare organization. <br />8. Foster Home. A private residential dwelling and its surrounding grounds, or any facility other than a public or <br />private animal shelter, at which site through an affiliation with a public or private animal shelter, releasing agency, <br />or other animal welfare organization, care of rehabilitation is provided for companion animals. <br />9. Great Bodily Harm. Bodily injury which creates a high probability of death, or which causes serious permanent <br />disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member <br />or organ or other serious bodily harm. <br />10. Harborer. Any person, group of persons, corporation, or other legal entity having custody of one or more dogs, <br />cats, or other animals or who permits one or more dogs, cats, or other domestic animals to be kept or to stay on or <br />about the harborer's premises for a period of three (3) or more consecutive days. <br />Ordinance No. 141 Domestic Fowl and Pigeons Pagel of 5 <br />