Very Vague City Ordinance

So many of you know, I am moving back to MN for a career change. Since my collection has grown, I decided to check the city's local pet ordinances and much to my dismay, it is VERY, VERY vague and open to much interpretation. "Wild Animals Prohibited...or any animal wild in nature (ferae naturae)." State law says they're fine. As a matter of fact, there are many quality breeders in MN. Unlike many State and other city's local ordinances that list exemptions, this broad statement is used. If I look in the Legal Dictionary, "ferae naturae" is defined as, "Animals that, as a matter of common knowledge, are naturally ferocious, unpredictable, dangerous, or mischievous." In contrast, domitae animals are defined as tame or domesticated.

So, with so much left to being interpreted, do captive bred, captive raised, tame snakes apply? If they do, wouldn't the ordinance then also apply to guinea pigs, hamsters, tropical fish, hermit crabs, and the like? Or would you interpret this as "truly wild animals that were removed from their natural wild habitat to be forced into being a pet. Animals such as raccoons, lions, tigers, bears, etc?" At this point, I am in the belief that my snakes, since being captive bred for the pet trade, captive hatched, captive raised, and tame that I will be in compliance of the ordinance.

Here is the ordinance as written:

Sec. 4-3. - General restrictions on livestock; wild animals prohibited.
(a) No person shall keep any horse, cattle, sheep, goat, or animal of a wild nature (ferae naturae) in the city. No person shall
permit such an animal to be kept on premises owned, occupied, or controlled by him/her except under the conditions
prescribed by this chapter.
(b) No horse, cattle, sheep or goat shall be kept in the city except within the agricultural zone.

I am not looking for legal advice (unless you're a practicing lawyer), but wanted to open this up for discussion and if you have faced similar vague ordinances...

If they're sold in local pet stores then you're fine. I'd pop in to a PetSmart or PetCo in the area and see if they sell Balls. If they do then they obviously don't violate the city ordinance.

A city of 12,000. They do have a Super Wal-Mart, Shopko, and a couple other larger retail chains...no PetSmart or Petco to compare.

What city?

The city is Fairmont, MN.

Here is the link for their ordinances: http://library.municode.com/index.aspx?clientId=10755

I just went and checked my local ordinances. Nothing about any kind of animals besides dogs, cats, and livestock. Interestingly, it's illegal to own a Pit Bull here unless you register it with the police. I bet that one's rarely enforced.

If you think that ordinance is going to give you trouble, you might consider choosing a home that is just outside of the city boundaries. That's one of the benefits of looking up this stuff BEFORE you move. At least the state laws are reasonable, and you can always live "in Fairmont" without actually living within the city limits.

Don't be afraid to contact the local animal welfare division with your questions, they will now the information you want.


Where I'm at, there's only a kennel law and nuisance cat law. No language pertaining to reptiles. And no language means go for it.

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Sec. 4-3. - General restrictions on livestock; wild animals prohibited.
(a) No person shall keep any horse, cattle, sheep, goat, or animal of a wild nature (ferae naturae) in the city. No person shall
permit such an animal to be kept on premises owned, occupied, or controlled by him/her except under the conditions
prescribed by this chapter.


What are the conditions, do you meet them? If so I would think it really isn't a problem.

Just spoke to the City Attorney for clarification and he agrees it is a little vague but we are completely safe. As I had interpreted it, "wild animals" refers to really wild animals such as lions, tigers, and bears (on my!).

Fish, reptiles (including snakes), guinea pigs, etc are unregulated and as he put it, "Could care less". So, as a good steward for my animals, I did my job and feel relieved. Always better to be safe than sorry when moving..

Quote:

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Originally Posted by Willie76

Just spoke to the City Attorney for clarification and he agrees it is a little vague but we are completely safe. As I had interpreted it, "wild animals" refers to really wild animals such as lions, tigers, and bears (on my!).

Fish, reptiles (including snakes), guinea pigs, etc are unregulated and as he put it, "Could care less". So, as a good steward for my animals, I did my job and feel relieved. Always better to be safe than sorry when moving..

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Just as a CYA measure, I would send him a follow-up email confirming your conversation. If it isn't in writing, it didn't happen.

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Originally Posted by ChaosAffect

If they're sold in local pet stores then you're fine. I'd pop in to a PetSmart or PetCo in the area and see if they sell Balls. If they do then they obviously don't violate the city ordinance.

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^^^ this is not sound advice in every city or town! Just an example. In the city of Newport News, VA Pet stores are allowed to sell red tail boas. Per city ordinance you are not allowed to keep boa constrictors within a residential neighborhood. The pet stores are exempt from this rule for two reasons. 1st the animals are considered in transit and only being temporarily kept inside city limits and 2nd they are located in a commercial district. Now for the record I only know this because in 1999 I was served with court documents giving me orders to remove my boas from city limits within 30 days or face the judge and a hefty fine. I moved. things maybe different there now but I wouldn't use this method to determine if you can keep any certain animal in any city.

I really hate the vague laws. It means they have room to be interperated differently by different people. We have one that says reptiles must be kepted in a secured cage. The cage secured from them escaping? or from people opening them? one official says one way one the other.

Writting get it in writting.

Just because it is sold does not make it illegal at all. There are all kinds of odd exceptions and a chain often is as ignorant of the local laws as they often are of husbantry. For a big chain to be ordered to remove all of a given species takes an transfer, no big deal. It is harder for an owner to remove a beloved pet.

The law in my area does not allow garter snakes as they are native. The stores bring in 'checkered' snakes every now and again, quite illegal (checkered garter snake) the fact that animal control and DNR can't recognise the checkered from the eastern does not mean it is legal.

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Originally Posted by kitedemon

The law in my area does not allow garter snakes as they are native. The stores bring in 'checkered' snakes every now and again, quite illegal (checkered garter snake) the fact that animal control and DNR can't recognise the checkered from the eastern does not mean it is legal.

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Laws on laws on laws lol. I know in some areas if you can prove that the snake is not wild then you can possess a "native" species. The state often just doesn't want people collecting wild animals for pets.

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Sadly not in our case it is not at all legal I checked. They are concerned with zoonosis with the wild population, understandably.


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I'm up in duluth Mn, snakes an that they don't care about. They don't like pit bulls around here, a guy right outside of town used to own mt. Lions ha an there was a dude in my town that had a bunch of cobras until he got tagged and the city spazzed on him for having them. He got yelled at tho for being stupid more or less cuz the hospitals here didnt have any anti venom to use for him an it turned into a huge thing to save him. One of my teachers was working that call ha said they were all kept very well an safe but the guy was a fool that saw himself as invincible which lead to being struck on the hand

With such vague details, it is often up to the official you talk to. In my case, I talked to the City Attorney who drafted the recent ordinances and was able to put my mind to rest. But, yes, it would be nice to have things spelled out in black and white. If it's not spelled out in a way that there's no way to question or "interpret" the ordinance or law, the city, county, or state is really just opening itself up to long legal battles. I honestly believe that when this city's ordinance was written, they were trying to make a distinction between animals caught in the wild that could pose a serious danger to their owners or other residents are brought home as "pets" versus household pets that are purchased from a pet store or a reputable breeder or an animal that is specifically bred or purchased to be a household pet. They seemed to have done a wonderful job spelling out the ordinances as it pertains to dogs and cats as that section is pages and pages long. Luckily for me, as the CA stated, fish, reptiles, etc are unregulated and they could simply "care less". I love the fact that city officials have seemingly put aside personal views in favor of true facts and being an all inclusive city.

The fear I think is being the squeaky wheel or the one who plants a seed in the mind of any official who has an aversion to snakes or any reptiles for that matter. Last thing anyone wants is to be a target or to open themselves up to losing a beloved pet or collection.

Regardless, as pointed out, it's important to check before moving into a different city or state and to call to get clarification if the ordinances are vague. My animals mean more to me than the city I have to live in. So if I had needed to live in an adjoining city or outside the city limits and simply commute to my new job...I would have done so. But since I checked and asked for clarification, I know our hobby and my beloved collection is not in any danger.

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Originally Posted by carlson

I'm up in duluth Mn, snakes an that they don't care about. They don't like pit bulls around here, a guy right outside of town used to own mt. Lions ha an there was a dude in my town that had a bunch of cobras until he got tagged and the city spazzed on him for having them. He got yelled at tho for being stupid more or less cuz the hospitals here didnt have any anti venom to use for him an it turned into a huge thing to save him. One of my teachers was working that call ha said they were all kept very well an safe but the guy was a fool that saw himself as invincible which lead to being struck on the hand

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There are responsible keepers, like the majority of us are, and there is the kind of "stupid" that just can't be fixed.

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Originally Posted by Willie76

There are responsible keepers, like the majority of us are, and there is the kind of "stupid" that just can't be fixed.

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Nope you can't fix stupid with thoughts of invincibility are the worst. O an a pet store on the range thought it would be a smart idea to sell amarican gators. Well they sold an they sold great, too bad 90% of people werent expecting it to idk act like a gator does an they started releasing them into the lakes in town an just dumping them in random spots. People's ideas always amaze me at least if any survived the summer they died by winter

Quote:

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Originally Posted by carlson

Nope you can't fix stupid with thoughts of invincibility are the worst. O an a pet store on the range thought it would be a smart idea to sell amarican gators. Well they sold an they sold great, too bad 90% of people werent expecting it to idk act like a gator does an they started releasing them into the lakes in town an just dumping them in random spots. People's ideas always amaze me at least if any survived the summer they died by winter

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Simple fact: It's always the few that spoil it for the majority. Whether it's reptiles, dogs, alcohol, etc. Doesn't matter what it is. When a handful make the headlines, the entire breed or industry or item is scrutinized and they try to legislate it away while the other 99.9% that are responsible must then go with out.

When you deal with human beings, there will never be perfection...never, ever.

Thanks Willie,

We will be moving in 2 months and a few of the cities ordinances that I peeked into were very vague. I will definitely be calling and getting written proof from a City Lawyer when the time comes and we know where we will be moving.

Thanks for setting a good example for the community!

the state just recently removed pitbulls from the vicious dog list here,and here you can own exotic pets all you want ( with the exception of tigers and stuff of that nature) my neighbor has had all kinds of exotic animals through his house from various birds fishes lizards and snakes