Ordinance Number 02-22
ORDINANCE NUMBER 02-22
AMENDING CHAPTER 93 OF THE MOUNTAIN IRON CITY CODE
THE CITY COUNCIL OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1. Section 93.01 of the Mountain Iron City Code is hereby amended to read as follows:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACO. Animal Control Officer.
ANIMAL. Cat, chicken, calf, dairy cow, ferret, dog or dog kind, duck, goat, heifer, horse, mule, ox, rabbit, sheep, goat, snake, steer, swine, wild or mixed animal.
CAT. Both male and female and includes any animal of the domestic feline kind.
DANGEROUS ANIMAL. An animal which has caused damage to property or injury and/or disease to a person or other animals, or which animal, by its actions, exhibits a propensity for imminent danger to persons or other animals.
DOG. Both male and female and includes any animal of the dog kind.
OWN. To have a property interest in or to harbor, feed, board, keep or possess.
OWNER. A person who owns an animal hereby regulated.
SERVICE ANIMAL. A dog or miniature horse individually trained to do work or perform tasks for the benefit of an individual with a disability per the American Disabilities Act (ADA). The tasks performed by the animal must be directly related to the person’s disability. The animal is allowed to go anywhere that the public is allowed to go. Emotional support therapy, comfort or companion animals are not considered service animals under the ADA.
SECTION 2. Section 93.02 of the Mountain Iron City Code is hereby amended to read as follows:
(A) General. The city determines impact by using animal units, and the following table shows the animal unit for each species.
Animal Unit
One dairy cow or calf 1.4 animal unit
One slaughter steer or heifer 1.0 animal unit
One horse, mule, or ox 1.0 animal unit
One swine 0.4 animal unit
One sheep, goat, dog, dog kind or cat 0.2 animal unit
One duck, turkey, ferret or rabbit 0.02 animal unit
One chicken 0.01 animal unit
(B) Maximum animal units allowed.
(1) Dogs, dog kind and cats may be kept as pets as long as they do not equal or exceed the threshold of five (5) animals on parcels of under two acres.
(2) On parcels of 2.0 to 4.5 acres, one animal unit is allowed.
(3) On parcels of 4.51 to 9.0 acres, five animal units are allowed.
(4) For parcels larger than 9.0 acres, nine animal units plus one unit per acre beyond nine acres, to a maximum of 30 per quarter/quarter section or government lot. If an individual owns more than one quarter/quarter or government lot that may be considered in the general area, that property may be used in calculating the total animal units allowed at the rate of 20 animal units per quarter/quarter section or government lot, even if all the animals are kept on a single parcel.
SECTION 3. Section 93.15 of the Mountain Iron City Code is hereby amended to read as follows:
No license or tag shall be issued by the City Administrator for a dog or cat which has reached the age of six months unless the applicant shall present a current certificate from a licensed veterinarian certifying that the dog or cat to be licensed has been inoculated with a permanent type chick embryo rabies vaccine.
SECTION 4. Section 93.31 of the Mountain Iron City Code is hereby amended to read as follows:
The restriction imposed by § 93.30 shall not prohibit the appearance of any dog or cat upon streets or public property when such dog, dog kind or cat is on a leash which is not longer than six feet and is kept under control of the accompanying person, nor shall it restrict any dog or cat to the premises of its owner, but no dog or cat shall be permitted to enter upon any public park, playground or bathing beach area at any time even when on a leash. Service animals are excluded from this restriction.
SECTION 5. Section 93.33 of the Mountain Iron City Code is hereby amended to read as follows:
No person shall exceed the number of domestic cats, dogs or dog kind in combination per dwelling unit. This section shall not apply to a licensed kennel.
SECTION 6. Section 93.34 of the Mountain Iron City Code is hereby amended to read as follows:
It shall be unlawful for any person, persons, firm or corporation to keep, maintain, stable, yard or fence any cow, bull, steer, calf, ox, goat, heifer, sheep, horse, mule, swine, chicken or other non-domestic or barnyard animal within the platted area of the city.
SECTION 7. Section 93.37 of the Mountain Iron City Code is hereby amended to read as follows:
No person shall keep or suffer to be kept on his or her premises occupied by him or her within the city, nor permit to run at large, any animal of a ferocious or vicious disposition or habit. Whenever it shall reasonably appear that any animal has bitten one or more persons or animals, such animal shall be deemed a dangerous animal and it shall be lawful for any local law enforcement or ACO to forthwith kill or destroy any such animal.
SECTION 8. Section 93.40 of the Mountain Iron City Code is hereby amended to read as follows:
Disposal of animals is according to the Minnesota Board of Health (MDH) regulations and Minnesota Statute 35.815. Disposal methods are burial, incineration, composting and rendering. Household pets and wild animals should be buried or incinerated. Wild animals should be disposed of by ACO with consultation from the Department of Natural Resources (DNR). The local road authority is responsible for road kill.
SECTION 9. Section 93.53 of the Mountain Iron City Code is hereby amended to read as follows:
For the purpose of enforcement of this section, any local law enforcement or animal control officer (ACO) may use a so called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. The tranquilizer gun will be used only in extreme circumstances.
SECTION 10. Section 93.55 of the Mountain Iron City Code is hereby amended to read as follows:
Any animal impounded for biting persons shall be impounded for observation for a minimum of ten days or the animal must be euthanized and tested for rabies per Minnesota Rule 1721.0580. Animals Dogs, dog kind, cats and ferrets that are currently vaccinated for rabies impounded for biting may be quarantined on the premises of the owner for the ten day observation period upon certification by a licensed veterinarian that the animal has been inoculated against rabies within the past three years and is otherwise healthy. In instances of home quarantine, the owner shall be responsible for keeping the animal contained within the house or, if outside, on a chain at all times. The city and/or the ACO shall have access to the animal at any reasonable time for study and observation of rabies symptoms. In the event that the animal is a stray or when the owner of the animal is not known, such quarantine shall be at the holding facility or a veterinary hospital.
The ACO or local law enforcement that has processed an animal bite complain should notify the St. Louis County Public Health Department of the incident by phone or FAX a written report.
For consultation on animal bites and rabies risk in humans contact the Minnesota Department of Health (MDH) Zoonotic Disease Unit. Phone number is available on the MDH website.
For consultation on rabies exposure of animals contact the Minnesota Board of Animal Health. Phone number is available on the Board’s website.
SECTION 11. Section 93.56 of the Mountain Iron City Code is hereby amended to read as follows:
All Expenses of the quarantine period shall be the responsibility of the animal’s owner. The animal may be reclaimed by the owner if free of rabies after inspection by a licensed veterinarian upon competition of the quarantine period, currently vaccinated for rabies and upon payment of fees as set forth in this section and upon compliance with all applicable provisions.
SECTION 12. Section 93.57 of the Mountain Iron City Code is hereby amended to read as follows:
When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the ACO or animal’s veterinarian shall immediately send the head of such animal or entire body of a small animal and rabies data to the Minnesota Department of Health for pathological examination with required Rabies Submission Form. Deliver specimens to the Minnesota Veterinary Diagnostic Laboratory, University of Minnesota, St. Paul campus Monday thru Friday (8:00 AM to 4:30 PM) or during non-business hours and holidays to Veterinary Medical Center, University of Minnesota St. Paul campus. The ACO shall notify all persons concerned including the St. Louis County Public Health Department, animal’s veterinarian and the City Administrator of the results of such an examination.
SECTION 13. Section 93.58 of the Mountain Iron City Code is hereby amended to read as follows:
It is the duty of every physician and health care practitioner to report to the St. Louis County Public Health Department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
SECTION 14. Section 93.59 of the Mountain Iron City Code is hereby amended to read as follows:
It is the duty of every licensed veterinarian to report to the St. Louis County Public Health Department his or her diagnosis of an animal observed by him or her as a rabies suspect.
SECTION 15 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 15 EFFECTIVE DATE. This Ordinance shall be effective immediately upon publication.
DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF OCTOBER, 2022.
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Mayor Peggy Anderson
Attested:
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City Administrator
