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Wed, 10 Dec 1997 08:51:17 -0600
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Well, it looks like it's time to go through this spiel again....
 
First, ferrets are NOT illegal in the city of Mpls.  In order something to
be illegal there has to be a law against it.  Minneapolis has no law against
ferret ownership.  What they like to try to pass off as prohibiting ferrets
is a law which prohibits the keeping of wild animals within the city limits
(Mpls Code section 74.50)
The section reads as follows:
 
"74.50.  Vicious animals; animals wild by nature.  No person shall keep or
allow to be kept anyplace in the city any animal of a ferocious or vicious
character, habit or disposition or any animal wild by nature."
 
What constitutes a vicious animal is clearly defined in another section of
ordinance as any animal which has attacked or threatened to attack more than
one person on more than one occasion.
 
Until recently it was very common for animal control and public health in
Mpls. to tell people that ferrets were illegal in the city, that any ferret
found in the city could be confiscated and destroyed, and that any ferret
involved in a bite incident must be destroyed.  None of the above is true!
Believe it or not Mpls. has an ordinance which says that any animal other
than a dog or cat will be held for observation for 10 days and then examined
by a vet.  But I digress.  The point I was getting to is that recently
Uptown pets in Mpls. was selling ferrets and had a sign up stating that they
could only sell to people who lived outside the city limits because ferrets
were not legal in the city.  Several calls later the city attorney told
animal control and public health to stop telling people ferrets were illegal
(much the same as in NY city).  If someone says ferrets are not allowed in
Mpls. correct them and tell them it isn't so.
 
Currently the only municipalities in the metro area which have laws against
ferret ownership are Burnsville and Bloomington.  Recently Bloomington
rewrote their ordinance such that, while ferrets are listed among the banned
animals, they will never be able to win if the ticket is ever challenged.
In working with the city attorney during the process I believe this was done
intentionally.
 
As for trying to pass a state law...it was tried back in 92-94.  The main
reasons it failed were:  Animals are not regulated at the state level.
State law does not supercede local ordinance unless the law specifically
states that it does and this causes problems with every little city having
to review the law to determine the impact it has on them.  In a case where
state law overrides local the state is liable to the cities ffor any costs
involved in implementing the change.  Then you have all the administrative
policies which need to be changed to bring them in line with the new law.
Changing a state law in a hostile environment is usually more trouble thanit
is worth. (been there, done that, have the T-shirt).
 
If you live in St. Paul you might want to turn your attention to the city
ordinance which requires a permit to keep ferrets in the city and the
extreme measures you have to go through to get the permit.  All because the
city mistakenly considers ferrets to be "exotic".  The ordinance is bizzare
in the way it contradicts itself.
 
If you want more information or help e-mail me and I'll give you my phone
number or contact Laura Palmer at FROLIC.
[Posted in FML issue 2151]

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