67.70. - Enforcement.
(a) MACC or its designee, in order to encourage the stabilization and reduction of the feral cat population in the City of Minneapolis, shall have, in addition to any other rights and powers provided pursuant to this Code, state statute or applicable law, the powers enumerated in this section.
(1) MACC is authorized to trap in a humane manner and remove any feral cats that:
a. Have not been vaccinated against rabies or which are demonstrating signs of the disease.
b. Are not spayed or neutered.
c. Have bitten or injured a person or domestic pet.
d. Are not identifiable through an EAID as belonging to a feral cat colony that has a sponsor and a feral cat colony caretaker.
e. Belong to a colony that is illegally being managed within one-half (½) mile of the edge of any public lands encompassing a creek, river or body of water of six (6) acres or more in size.
f. Pose any other public health or public safety concerns.
g. If no issue of public health or safety exists, or if any issues of public health and safety can be addressed by the removal and relocation of the cat to another area, a sponsor may arrange to have the cat spayed or neutered, eartipped, and vaccinated against rabies by a licensed veterinarian, and have an EAID inserted. The sponsor may then arrange for the cat to be adopted or placed in a feral cat colony.
h. If a feral cat is demonstrating signs of having rabies, or has an illness or injury that presents an imminent danger to the public health or safety, or to its own person, the cat shall be humanely destroyed.
(2) MACC is authorized to direct that a sponsor remove a feral cat that is creating a nuisance or harm if the sponsor has failed to adequately resolve the issue within thirty (30) days (or such shorter time period as MACC may specify) after being given written notice thereof. In the event that MACC directs the sponsor to remove the cat, the sponsor shall have thirty (30) days (or a shorter period as MACC may specify) to do so. Failure of the sponsor to remove the cat within said time period as specified shall constitute grounds for MACC to remove the cat and/or remove the sponsor as a registered sponsor.
(b) Animal control officers or police officers shall investigate any nuisance or harm complaint allegedly caused by a feral cat.
(1) In the event that an animal control officer or police officer finds that a feral cat or feral cat colony has created a nuisance or harm, the animal control officer or police officer shall advise the sponsor in writing of the issue.
(2) The sponsor shall have the right to review the matter with MACC or MACC's designee. If the sponsor is not able to satisfy MACC or MACC's designee that the nuisance or other violation has not or is not occurring, the sponsor shall have thirty (30) days (or shorter time period as MACC may specify) to comply with the direction with respect to correcting the issue. If the sponsor fails to correct the issue, MACC shall have the right to remove the cat and/or remove the sponsor as a registered sponsor.
(c) If a sponsor fails to perform its responsibilities under this chapter, MACC may notify the sponsor that it must comply with the requirements of this chapter within thirty (30) days. If the sponsor fails to do so or repeatedly fails to comply with the requirements of this chapter, MACC may remove the sponsor from being a registered sponsor, and may reassign the feral cat colonies from the sponsor to another approved sponsor.
(d) If a feral cat colony caretaker regularly fails to comply with the requirements of this chapter, the sponsor may notify the feral cat colony caretaker that he or she has thirty (30) days to make all reasonable efforts to fulfill the responsibilities of this chapter. If the feral cat colony caretaker fails to comply within that time period or has received more than one (1) notification, the sponsor shall remove approval for the person from being a feral cat colony caretaker and may identify and obtain replacement feral cat colony caretakers for the feral cat colonies of the noncompliant feral cat colony caretaker. If no other feral cat colony caretaker can be found within thirty (30) days, the sponsor shall notify MACC and MACC may humanely remove all, or portions of, the feral cat colonies and dispose of them in accordance with this title.
(e) Any sponsor or feral cat colony caretaker that has been removed from being a registered sponsor or removed as an approved feral cat colony caretaker due to noncompliance issues shall not be allowed to be a sponsor or a feral cat colony caretaker for one (1) year from the date of their removal.
(f) Feral cats that were spayed or neutered and vaccinated for rabies prior to the commencement of the city's feral cat colony program, but did not have an EAID inserted or were marked as feral by some indication other than an eartip, such as but not limited to a tattoo, shall be deemed to be in compliance with this chapter if all other requirements are being met by their feral cat colony caretaker. Feral cat colony caretakers shall take all appropriate and available steps to bring these cats into compliance with the provisions of this article within three (3) years of its enactment or upon revaccination of the cats for rabies, whichever comes first. (Ord. No. 2016-009, § 1, 2-12-16)