PUBLISH
(August 12, 2012)
ORDINANCE NO.
12-101, FOURTH
SERIES CITY OF
NEW ULM,
BROWN COUNTY,
MINNESOTA
ORDINANCE
AMENDING SEC-
TION 8.29 OF THE
CITY CODE OF THE
CITY OF NEW ULM
RELATIVE TO KEEP-
ING ANIMALS.
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
NEW ULM:
SECTION I. That Sec-
tion 8.29 of the City
Code of the City of
New Ulm is hereby
amended to read as
follows:
Section 8.29. An-
imals - keeping, tran-
sporting, treatment,
housing.
Subdivision 1. Defin-
itions. As used in this
section, the following
definitions shall apply:
A. The term "farm
animals" means cattle,
horses, mules, sheep,
goats, deer swine,
ponies, ducks, geese,
turkeys, chickens,
guinea fowl, pea fowl,
pigeons, and honey
bees.
B. The term "animals"
includes farm animals
and all other animals,
reptiles, and feathered
birds or fowl.
Subd. 2. Keeping. It
is unlawful for any per-
son to keep or harbor
any animal, not in tran-
sit, expect:
A. domesticated an-
imals commonly ac-
cepted as household
pets such as dogs,
cats, gerbils, ham-
sters, guinea pigs, rab-
bits, ferrets, fish,
non-venomous rep-
tiles, frogs, toads,
newts, salamanders,
turtles, and caged
birds, if kept as pets
or for non-commercial
purposes; or
B. farm animals kept
in that portion of the
City zoned for agricul-
tural purposes; or,
C. animals kept for
display, exhibition, per-
formance, or contest
at the Brown County
Fairgrounds; or as part
of a show licensed
under the City Code;
or for exhibition or
demonstration to
school children or the
general public; provid-
ed that the time period
for keeping such an-
imals within the City
shall not exceed 24
hours more than the
length of the fair,
show, exhibition, or
other event for which
the animals are kept;
or,
D. animals used in a
parade for which a per-
mit has been issued
under the City Code;
or,
E. animals kept in a la-
boratory for scientific
purposes; or,
F. animals kept in an
animal hospital or clin-
ic for treatment by a
licensed veterinarian;
or,
G. animals kept for
wholesale or retail sale
in a business estab-
lishment located in a
zoning area in which
such sales are a per-
mitted use; or,
H. sheep for the pur-
pose of controlling
vegetation in an I-2
General Industrial Dis-
trict, provided that the
owner or person in
control of the premises
holds a valid permit
from the City to keep
sheep, which shall be
specific to the permit-
ted premises; and pro-
vided that the owner or
person in control of the
permitted premises at
all times maintains a
fence around the entire
perimeter of the per-
mitted premises, such
fence to be doublegat-
ed at all openings and
of sufficient height and
strength to prevent
movement by the
sheep outside the
premises; or,
I. animals that the
owner can conclusive-
ly establish were kept
within the City by the
same owner on Janu-
ary 1, 2012 and con-
tinuously for at least
six months prior to
that date, provided
that the owner applies
for and is granted a
permit by the City
Council in accordance
with this paragraph.
1. The City Council
shall establish ap-
propriate guidelines
and procedures for the
granting of such per-
mits, and may amend
the same as it deems
appropriate.
2. A permit fee may be
established by the City
Council to defray the
costs of processing
applications, perform-
ing inspections, and
other administrative
activities related to
granting such permits
and monitoring permit-
ted activities.
3. No permit shall be
granted until after pub-
lic hearing, published
notice of which has
been given at least 10
days prior to the hear-
ing and mailed notice
of which has been
given to all owners of
real property located
within 350 feet of the
real property on which
the animal is to be
kept.
4. No permit shall be
granted for an animal
which, either specific
to the individual animal
or general to its breed,
is deemed by the City
Council to be
dangerous, or that is
deemed to pose an un-
reasonable threat of
damage or injury to
persons, property, or
other animals.
5. The City Council
may make the granting
or continuation of a
permit conditional upon
meeting and maintain-
ing specified criteria,
or performing or re-
fraining from specified
actions, and a determi-
nation by the City
Council that a permit
holder has failed to
meet or adhere to the
stated conditions shall
be grounds for denial
or revocation of the
permit. Conditions of a
permit may relate to:
health of the animal;
housing and treatment
of the animal; physical
containment and
space requirements;
waste disposal; control
of noise, odor, vermin,
and other potential nui-
sance factors; safety
of neighbors and the
community; insurance
and mitigation of dam-
age risks; and any oth-
er factors influencing
the well-being of the
animal and/or the
minimization of distur-
bance, nuisance, in-
convenience, damage,
and injury to persons
and property.
6. A permit automati-
cally expires upon the
death of the animal or
the absence of the an-
imal for 365 days from
the location at which it
was primarily kept on
the date the permit
was granted.
Subd. 3. Animals in
transit. It is unlawful
for any person to tran-
sport animals unless
the are:
A. confined within a
vehicle, cage, or other
means of conveyance;
or,
B. farm animals being
transported in a portion
of the City zoned for
agricultural purposes;
or,
C. restrained by
means of bridles,
halters, ropes, or other
means of individual
restraint.
Subd. 4. Treatment.
It is unlawful for any
person to treat an an-
imal in a cruel or in-
humane manner.
Subd. 5. Housing. It
is unlawful for any per-
son to keep any an-
imal in any structure
infested by rodents,
vermin, flies or in-
sects.
Subd 6. Trespasses.
It is unlawful for any
person to herd, drive,
or ride any animal over
and upon any private
property, or over and
upon any public pro-
perty other than a
roadway, without
specific permission
from the owner.
SECTION II. That this
ordinance shall take
effect and shall be in
force 30 days from
and after its adoption,
approval, and publica-
tion.
Adopted by the City
Council of the City of
New Ulm this 7th day
of August, 2012.
/s/ Charles Schmitz
President of the City
Council
Attest:
/s/ Reginald K Vorwerk
Finance Director
Approved by the May-
or of the City of New
Ulm this 7th day of
August, 2012.
/s/ Robert J Beuss-
man
Mayor
PUBLISH
(August 12, 2012)
PUBLIC HEARING
NOTICE
ORDINANCE NO.
12-102, FOURTH
SERIES CITY OF
NEW ULM, BROWN
COUNTY,
MINNESOTA
AN ORDINANCE RE-
PEALING SECTION
2.22 OF THE CITY
CODE OF THE CITY
OF NEW ULM
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
NEW ULM:
SECTION I. That Sec-
tion 2.22 of the City
Code of the City of
New Ulm is hereby re-
pealed.
SECTION II. That this
ordinance shall take
effect and shall be in
force 30 days from
and after its adoption,
approval, and publica-
tion.
Adopted by the City
Council of the City of
New Ulm this 7th day
of August, 2012.
Charlie Schmitz
President of the City
Council
Attest:
Reginald K. Vorwerk
Finance Director
Approved by the May-
or of the City of New
Ulm this 7th day of
August 2012
Robert Beussman
Mayor