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84-674 WHIT� - CITV CLERK PINK • - FINANCE GITY OF SAINT PAUL Council CANAI�V -OEPARTMENT File NO. ��_��y � BLUE - MAVOR .• 0 d ndnc ordinance N 0. ��d��7' Presented By Referred To � � � Committee: Date �� Out of Committee By Date An ordinance pertaining to the keeping of animals; requiring permits in some cases; pro- hibiting absolutely the keeping of certain animals ; amending Chapter 198 of the Saint Paul Legislative Code. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1, That Section 198 .04 of the Saint Paul Legislative Code, as amended by Ordinance No. 17121, adopted Ma.rch 22, 1984, is recodified as Section 199. 11. Section 2. That the remainin� sections of Chapter 198 are amended by deleting the same in their entirety and substituting, in lieu and in place thereof, the following: 198.01. /IfEFINITIONS_�' Subdivision 1. /TERMS.7' As used in this chapter, the terms define� in this section sha.11 have the meanings ascribed to them. Subd. 2. /FIEALTH OFFICER_7' "Health officer" means the public—h.ealth services manager or his delegate. Subd. 3. /WILD OR EXOTIC ANIMAL_7 "Wild animal" or "exotic animal" means any mammal, amphibian, reptile, or bird which is of a species not usually domesticated, and of a species which, due to size, �i��s- nature, or other characteristic is dangerous COUNCILMEN Requested by Department of: Yeas Nays Fletcher Community ervices Drew In Favor Masanz NiCOSia g scnetbet. Against Y Tedesco Wilson Form Approved b City Attorne _ Adopted by Council: Date t Certified Passed by Council Secretary BY BY Approved by Mayor: Date Approv d ayor for Sub ' si to C'ouncil By B �`�-a.• �.�- T- �� . ' �i� D �I � �� . /f�� Page 2. to humans . The term includes animals and birds the keeping of which is licensed by the state or federal government, such as wolves , raptors , and pheasants. By way of examp le and not of limitation, the term includes : snakes , eagles , ocelots , jaguars , cougars , weasels , ferrets , badgers , monkeys , chimpanzees , deer, and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves . 198 .02. /�ERMITS REQUIRED; EXCEPTIONS^7 Subdivision 1. /HOOFED ANIMALS.7 No person shall stable, keep, or permit any hoo�ed animal to remain on any lot or premises within the city without a permit. Subd. 2. �MALL ANIMALS .AND BIRDS OF THE ORDERS ANSERIFORMES AND GALLIFORMES_7 No person shall keep or permit more than one live rabbit, or any chinchilla, mink, chicken, turkey, duck, �oose, pigeon, or similar small animal or bird, in any dwelling or on the same lot or premises with a dwelling, or other premises within the city without a permit. This subdivision does not apply to any hamster, gerbil, white rat, mouse, or guinea pig maintained as children's pets . Subd. 3. �EES .7 No person shall keep or allow to be kept—any Fiive or other facility for the housing of bees within the city without a permit. Subd. 4. /WILD OR EXOTIC ANIMALS.7 No person shall keep or allow to be kept any wild or exotic animal within the city without a permit, whether or not the keeping of such animal is licensed by the state or federal government. NOTE: The keeping of certain animals is prohibited absolutely. See section 198 .03. Subd. 5. /MAXIMIJM NUMBER OF CATS_7 No person shall keep, harbor, or maintain more than three cats of over the age of three months within any individual dwelling unit within the city without a permit. - - � � �'- �� 7�` . ��r�� Page 3 . Subd. 6. /EXCEPTIONS_7 This section does not apply to animals which are temporarily brought into the city for the purpose of participa.ting in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers , Docents or otherwise; nor to any bona fide research institution, or veterinary hospital; provided protective devices adequate to prevent such animal from es�aping or injuring the public are provided 198 .03. /fi�EPING OF CERTAIN ANIMALS ABSOLUTELY PROHI�ITED; EXCEPTIONS.7 Subdivision 1. /FROHIB ITED ANIMALS.7 No person shall ke�p, maintain, or harbor within the city of Saint Paul ary of the following animals : (1) Any animal or species prohibited �by federal or Minnesota law. • (2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves , _ ___..to human beings , or to the property of human t�ings , or wY:ich constitutes a public or private nuisance. (3) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccina.ted against rabies . (4) Any large cat or member of the family Felidae, such as lions , tigers , jaguars , leopar sc� ,—'"— cougars , and ocelots , except commonly accepted � domesticated cats . (5) An� member of the family Canidae, such as wo�.ve� , dingoes , �,oyotes ann�acha'_s , except domesi:icated dogs . " ` (6) Any crossb�eed such as the crossbreed between dogs and coyotes and dogs and wolves . (7) Any raccoon. . (8) Any red-�ared turtle (Pse�ude�m s_ _s_c_r_ip_ta�el�e�an�s) with a shel l length of les—s t-�n o� ur in��es. Subd. 2. /EXCEPTIONS .? This section does not apply to animals which are �emporarily brought into the city . � . � � � � ��-_��{��/� . /' 7�� 7 , ' Page 4. for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers , Docents or otherwise; nor to any bona fide research institution, or veterinary hospital; provi3ed protective devices adequate to prevent such animal from escaping or injurin� the public are provided. 198 .04. /gERMIT, APPLICATION, PROCEDURES, TERM, AND FEE_7 Subdivision l. /APPLICATION_? Any person desiring a permit require3 under the provisions of section 198 .02 shall make wri�ten application therefor to the health officer upon a form prescribed by and con- taining such information as required by the health officer. Among other things , the application shall contain the following information: (1) A description of the real. property upon which it is desi�ed to keep the animal or animals . (2) The species and number of animals to be maintained on the premis es . �3j ��A statement that the applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the health offi- cer, or modification thereof, and that failure to obey such conditions will constitute a viola- tion of the provisions of this chapter and grounds for cancelZation of the permit . (4) Such other and further information as ma.y be required by the health off icer. . Subd. 2. /�ONSENT_? The applicant for arty permit required under the provisions of section 198.02 sha.11 provide with the application the written consent of 7� percent c�f t?�e osti**iers �r �c�upan}s o� privat�ly �r publicly owned real estate within 150 feet of the outer_ boundaries of the premises for which the permit � � � is being requested or, in the alternative, proof that applicant 's property lines are 150 feet or more from any structure. However, where a street separates the . premises for which the permit is being requested from other neighboring property, no corisent is required .from th.e owners or occupants of property located on thF opposite side of the street. Where a property witlzin 150 feet consists of a multiple dwelling, the applica�t need obtain only the written consent of the o�;�er or manager, .or other person in charge of the building . � . � � �� _ � �� . � f7�� Page 5. Subd. 3. /FEES; TERM OF PERMIT.7 An initial fee o€ $5 shall accompany the application for permit for animals defined in section 198 .02 , subdivision 2. For all other permits issued hereunder, the fee shall be $25. The term of the permit shall be one year from date of�" issuance, and the permit may be renewed from year to year without payment of any additional fee upon application to the health officer; provided, however, that upon any adverse action or violation of the conditions of the permit or substantial amendment to the permit application as originally described, a new application, fee, and investigation may be required before the granting of a permit or renewal thereof. Subd. 4. /�NVESTIGATION BY HEALTH OFFICER; MAY GRANT PERMIT.7 fihe health officer shall make such investi- gation as is necessary and may grant, deny, or refuse to renew any application for permit under this chapter. Subd. 5. /�RMIT; CONDITIONS.T If granted, the _. . perma.t shaTl be issued by the�health officer and shall state the conditions , if any, impased upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, 1?►�itations , conditions , and prohibitions which the health officer deems reasonably necessary to protect any person or nei ghboring use from unsanitary condi- tions , unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such perrait may be modified from time or time or �evoked by the health officer for failure to conform to such restrictions , limitations , or prohibit�ons. Such cr,odification or revocation snall be effee�ive from and after ten days follawing the mailing af written notice thereof by certified mail to the person or . �er�oL s �:e�pir.g or �ainU�.inir�g sucr�. anina�s. Subd. 6. ��FUSAL TO GRANT OR RENEW A PERMIT_7 - � ° The health officer may refuse a permit to keep or . . � � � �� - � 7y � � �� / Page 6. maintain animals hereunder for failure to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit. Subd. 7. /NUMBERS OF ANIMALS; SPECIES; NOTICE TO HEALTH OFFICER.7 The permit shall state the number of animals which may be maintained on the premises , and the permittee shall immediately inform the health officer in writing.when the number of animals main- tained on the premises exceeds the number allowed by the permit or when a different species is substi- tuted for those listed on the permit. 198.05. /1FULES AND REGULATIONS; CONDITIONS OF PERMITS_7 Subdi�ri�ion 1. �ULES AND REGULATIONS .7 The health officer shall promulgate rules and re�ulations prescribing the general conditions , limitations , and prohibitions applicable to the keeping of animals or classes of animals under permits granted pursuant to the provisions of this chapter. Such rules and regulations , and any amendments thereto, are effective 20 days after filing with the city clerk. Subd. 2. /3'PECIAL CONDITIONS.7 The health officer may prescribe specific conditions, limitations , and prohibitions }�ertainin� to the keeping of particular animals under any permit granted pursuant to the provisions of this chapter as the health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions , unreasonable noise or odors , or annoyance, or for the control of rodents and insects , or to protect the public health and safety. 198 .06. /—NUISANCE.7 No person shall keep any animal, bird, or other living thing in such a ma.nner as to constitute a nuisance. - 198 .07. /ENFORCEMENT_7' The health officer shall enforce the provisions of this chapter. WHITE - CITV CLERK PINIp.� - FINANCE GITY OF SAINT PAUL Council .CANARV -DEPARTMENT File NO. (�� • BbUE -MAVOR . � Ordindnce Ordinance N 0. ��.nC��f Presented By Referred To Committee: Date Out of Committee By Date Page 7. 198.08. /�11OLATION; PENALTY.7' Any person who violates any provision of section 1tJ'8.02, 198.03, or .198.06 is guilty of a misdemeanor. Section 3. This ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate cha.pter and/or section number at the time of the next revision of said Legislative Code. Section 4. This ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays �e�+sr Sa�iPRG-o� Communit Services o�ew [n Favor Masanz N�cos�a � A ainst B Schaibel g Tedesco Wilson ' Adopted by Council: Date FEB 19 1985 Form Approve by City Attorney Certified P Counci r BY By Ap by Mayor: Dat �FEB 2 5 A r ved by�M yor for S mi sion to Council � \. sv v �' . Pti�lsHE� ��R�,2 1985 .�: _ � � s .. ��= �'�—G 7y Cammnunitq Services DEPARTt,1ENT l�� ' Dr. Paul J. Cox �4NTACT 292-7716 pHONE � �� A ril 23 1984 DATE �� (Routing and Explanation Sheet) Assign Nurnber for Rout�ng Order (Clip Al1 Locations for Mayoral Signature): ,�Y Department Di rector � RECEIVED � ��ty attorney �'�/� �c��-Q R��1��D MAY 21984 2 Oirector of Management/Mayor �1 � rY1AY 1 ;�8� Finance and Management Services Director C�TY ATYORN� 4 City Clerk MAYO�'S QFF;CE � ,� : . �,��' , Budget Director � � 5 City Council �ihat Will be Achieved by Taking Action on the Attacfied Materials? (Pur o�se(Rationale): 8ffective control over the several species of animal pets that people are now harboring. Alleviation of complaints by neighbors who object to animals being too close to their premises. Ordinance provides for obtaining a permit by obtaining approval from 7570 of the applicants immediate neighbors. Restrictions are placed on the permittee as to manner in which the animal(s) are housed. financial , 8udgetary and Personnel Ir�acts AnticiQated: None Fund�ng Source and Fund Activity Nun�ber Charged or Credited: None Attachments (List and Number all Attacfin�ents): Proposed ordinance Chapter 198. Keeping of Animals �PARTMEN7 RfVIEW CITY ATTORNEY REVIEi� Yes Na Council Resolution Required? Resolution Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached? Revision of October, 1982 (�ep Rpvprcp Side for 'instructions) � f � HOW TO USE THE GREEN SHE�T Th� GREEN S�EET h�s several purposes: � • . l. To assist i� routing document� and in securinq re�quiz� signatures 2. To brie� the reviewers of document� on the impacts of approva `� �� 3. To help ensure that necessary sucgortina�materials , , :. are prepared and, if required, attached.�� ROO'TZNG ._�_ ' .� �at GdEE:T SHEET act�e ns mus C �e rsv;=•�ed Sv � De�ar=:aent Di.reC�or, ��e City 3t��rzey, t.'�e �irsczor o s �+lanag��e�t, the . Director of Financ+e aad l�anaqement Services. Other po ssible reviewers/signatures are listed. BRIEFING • � Mcst of the GREE� SHEET h�adinqs are desiqned to assist in dev�eloping a recis of the decision which the attaehments represa�nt. T�e hea inqs ase o fered to remind user� of some . of the maxe critieal elemet�ts of this brief. . The Financial Bus� et a,cid Persoratel Imaact� heading providea : a apac� to exp a the cost benefit aspects o� the decf,sion. ' Coata a�d bene�its relate both to. Ci�y buc�q+�t (G�aeral Fund and/or Sp�cial FundaJ u�d to broadsr financial impacts tco�t to �sers, � homeo��ra or othe= qroups atfectsd by the acti.on) . The personnel impact i� a de�cription of chanqe or shift of g'uli-Time Equivalent tFTE) positions. S'JPPORTING MATERIALS - In the Attachm�ents scction, iist all attachments. If the GREEN SHEET is w�e �one, no letter of transmittal need be included (unless signinq such a letter is one of the requested actions) . Note: Actions which reQUire City Council resolutions include: a. Coatractual relatfonship wi,th anoth�,r qovsrnmsnt unit. � b. Collective b�rgaininq. c. Purchaae or aale of land, or lease of land. d. Is�uance of bonds by City. e. Eminent domain. f. Assumption of liability by City, or grantinq by City of indemnification. q. Aqreeitments with State or Federal Governm�ent under which tMey are providing fundinq. Note a2so: If an aqreement requires evidence of insurance/co- insurance, a Certificate ot Insurance should be one � - � �_ �-��-�7y CITY OF SAINT PAUL �/�� - OFFIC� OF TH� CITY COIINCIL ounse •�nnuuee !�%,��a�.$ D d t e ; January 30, 1935 r . COMM (TTEE RE PORT TO � Sa�nt PQU I City Council F R O M : C o rn m i t r e e O h �RGY, UTILITIES � ENVIRONI�'�NI' C N AIR Council Member Kiki Sonnen C. F. No. 84-674 -- An ordinance pertaining to the keeping of animals; reauiring permits in some cases; prohibiting absolutely the keeping of certain animals; a�nending Chapter 198 of the Saint Paul Legislative Code. . `� At its meeting of January 30, 1985, the Energy, Utilities and Environment Committee recommended approval of the above ordinance � as amended (amendments attached) and reconnnended ordinance be forwarded to the full City Council for approval. CTTY HALL SEVENTH FLOOR SAINT PAUL. MINNESOTA 55102 . ��..3 a��s . �,= �,� �� . _ �,.��,�� 1MEN�MENTS TO COUNCIL FILE 84-674: Page I Last line , delete the word "vicious" and substitute the word "wild" PaKes 3 , 4 and 5 Substitute attached pages . They contain the following amendments : (1) Exclude from permit requirements and prohibitions persons keeping animals for public zoos as volunteers under the "Docents" program or otherwise (sick animals , exhibitions ) (2) Permit fee of $5 for (small) animals as defined in section 198 .02 , subd. 2 , and permit fee of $25 for a11 other permits . . � . ..' � �� - �� Page 2. to humans . The term includes animals an birds the keeping of which is licensed by the sta e or federal government , such as wolves , raptors , a d pheasants . By way of example and not of limitati n, the term includes : snakes , eagles , ocelots , aguars , cougars , weasels , ferrets , badgers , monkeys , chimpanzees , deer, and bison. T'he term also in ludes crossbreeds � such as the cross between dogs an coyotes and dogs and wolves . 198 .02 . �ERMITS REQUIRED; EXCEP IONS_7 Subdivision l. /AOOFED ANI .7 No person shall stable, keep, or permit any h o�ed animal to remain on any lot or premises withi the city without a permit. Subd. 2. /�'1ALL ANIMALS A D BIRDS OF THE ORDERS ANSERIFORMES AND GALLIFO S.? No person shall keep or permit any live r bbit, chinchilla, mink, chicken, turkey, duck, g ose, pigeon, or any similar small animal or bird, in any dwelling or on the same lot or premises with a ellin�, or other premises within the city without a permit. This subdivision does not apply to any amster, gerbil, white rat, mouse, or guinea pig intained as children's pets . Subd. 3. /$EES.�' N person shall keep or allow to be kept any Fiive r other facility for the housing of bees within the ity without a permit. Subd. 4. /WILD OR EXOTIC ANIMALS.7 No person shall keep or allow to e kept any wild or exotic animal within the city w thout a permit, whether or not the keeping of such nimal is licensed by the state or federal governm t. NOTE: The eeping of certain animals is pro ibited absolutely. See section 19 .03. Subd. S. / IMUM NUMBER OF CATS_7 No person shall keep, harbor, or maintain more than three cats of over the age of three months within any individual dwelling unit within the city without a permit. . . . ..� � �� _�7� Pag e 3. Subd. 6. /EXCEPTIONS.7 This section does not apply to animals which are temporarily brought 'nto the city for the purpose of participating in any circus or show, nor does it apply to any publi zoo or bona fide research institution, or vet inary iFospi�'aT; provided protective devices dequate to prevent such animal from escaping r injur�ing the public are provided. 198.03. /KEEPING OF CERTAIN ANIMALS SOLUTELY PROHIBITED; EXCEPTIZSNS.7' Subdivision 1 . /FROHIBITED ANI S.7 No person shall keep, maintain, or harbor it�iin the city of Saint Paul any of the following animals : (1) Any animal or species pro ibited by federal or Minnesota law. (2) Any exotic animal or s cies when kept in such numbers or in suc a way as to constitute a likelihood of harm t the animals themselves , to human beings , or t the property of human beings , or which con titutes a public or private nuisance. (3) Any skunk, whether captured in the wild, domestically rais , descented or not descented, vaccinated agains rabies or not vaccinated against rabies. (4) Any large cat o member of the family Felidae, such as lions , tigers , jaguars , leopar sct;- cougars , and celots , except commonly accepted domesticated ats . (5) Any member f the family Canidae, such as wolves , di goes , coyotes ancTjackals , except domesticat d dogs . (6) Any cros reed such as the crossbreed between dogs an coyotes and dogs and wolves . (7) Any raccoon. (8) Any red-eared turtle (Pse�ud,e�m _s scri taele ans) with a shell length of�ss tha.n our inc es . � � .: � �� y�� Pege 4. Subs . 2. /E'XCEPTIONS_7' This section does ot apply to animals which are temporarily brought ' to the city for the purpose of participating in ny circus or show, nor does it apply to any publi zoo or bona fide research institution, or veterinar hospital, provided protective devices adequate t prevent such animal from escaping or injuring the ublic are provided. 198 .04. /PERMIT, APPLICATION, PROCE RES, TERM, AND FEE_7 Subdivision 1. /APPLICATION_�' y person desiring a permit requirea under the prov sions of section 198.02 sha.11 ma.ke written appl' ation therefor to the health officer upon a form prescribed by and containing such information a required by the health officer. Among other things the application shall contain the following info tion: (1) A description of the eal property upon wh�ch. it is desired to ke the animal or anima.ls . (2) The species and n ber of animals to be ma.intained on the premises . (3) A statement tha. the applicant/permittee will at all times ke p the animals in accordance with all the c nditions prescribed by the health officer, or m dification thereof, and that failure to obey such onditions will constitute a viola- tion of the rovisions of this chapter and grounds for cancellation of the permit. (4) Such othe and further information as may be required y the health officer. Subd. 2. /C NSENT_7 The applicant for any permit required un er the provisions of section 198 .02 shall provide wi the application the written consent of 75 percen of the owners or occupants of privately or public y owned real estate within 150 feet of the outer bo ndaries of the premises for which the permit is bein requested or, in the alternative, proof tha.t applic t 's property lines are 150 feet or more from any st ucture. However, where a street separates . . .� � �F �y- 6 7�/ Page 5. the premises for which the permit is bein requested from other neighboring property, no conse t is re- quired from the owners or occupants of p operty located on the opposite side of the str et. Where a property within 150 feet consists of a multiple dwelling, the applicant need obtain o y the written consent of the owner or manager , or her person in cha.rge of the building. Subd. 3. /FEE; TERM OF PERMIT.7 n initial fee of $25 shall accompany the applicati n, and the term of the permit shall be one year fro date of issuance. The permit may be renewed from y ar to year without payment of any additional fee on application to the health officer; provided, owever, that upon any adverse action or violation o the conditions of the permit or substantial amendm t to the permit applica- tion as originally describe , a new application, fee, and investigation ma.y be re uired before the granting of a permit or renewal the eof. Subd. 4. /'1'�NVESTIGATION Y HEALTH OFFICER; MAY GRANT PERMIT.]' fihe health of cer shall make such investiga- tion as is necessary a may grant, deny, or refuse to renew any applicati n for permit under this chapter. Subd. 5. /'�ERMIT; C ITIONS.7 If granted, the permit shaTl be iss d by the�"h.ealth officer and shall state the co itions , if any, imposed upon the permittee for e keeping of animals under the permit. The perm't shall specify the restrictions , limitations , con tions , and prohibitions which the health officer d ems reasonably necessary to protect any person or n i ghboring use from unsanitary condi- tions , unreaso ble noise or odors , or annoyance, or to protect he public health and safety. Such permit ma.y be modified from time to time or revoked by the healt officer for failure to conform to such restrictions , limitations , or prohibitions . Such modificatio or revocation shall be effective from and after en days following the mailing of written notice the eof by certified mail to the person or persons k eping or maintaining such animals. Subd. 6. /REFUSAL TO GRANT OR RENEW A PERMIT.7' The hea th officer may refuse a permit to keep or f _ . � � . . �,� ��'�7y Page 6�. maintain animals hereunder for; failure to comply with the provisions of this c�iapter, if the facilities for the keeping of the anima�s are or become inadequate for their purpose, if the c nditions of the permit are not met, if a nuisance condition is created, or if the public health and afety would be unreasonably endangered by the granti g of such permit. Subd. 7. /NiJMBERS OF IMALS; SPECIES; NOTICE TO HEALTH OFFICER.7 The erm_it shall state the number of animals which may e maintained on the premises , and the permittee sh 11 immediately inform the health off icer in writing en the number of animals main- tained on the premi es exceeds the number allowed by the permit or w en a different species is substi- tuted for those 1" sted on the permit. 198.05. /�ULES A REGULATIONS; CONDIT��NS OF PERMITS_7 i Subdi�rision 1 . �ULES AND REGULATI S .7 The health off icer shall p omulgate rules an re�ulations prescribing th general conditio , limitations , and prohibitions plicable to the eeping of animals or classes of animals under pe its granted pursuant to the provis 'ons of this cha�ter. Such rules and regulations , tand any amendmer,�ts thereto, are effective 20 days afte-�r filing with tlxe city clerk. 1`� Subd. 2. /�PECIAL CONDITT�bNS.7 The health officer may prescribe specif ic co�`�ditions , limitations , and prohibitions pertainin� �o the keeping of particular animals under any permi granted pursuant to the , provisions of this cha er as the health officer deems reasonably neces ary to protect any person or neighboring use fr m unsanitary conditions , unreasonable noise or odors , or annoyance, or for the control of roden s and insects , or to protect . the public health an safety. 198 .06. �NUISANCEo]� o person sha11 keep any animal , bird, or other living thing in such a manner as to � constitute a nuisance. . 198 .07 . /ENFORCEMENT.7 The health officer sha11 enforce the provisions of this chapter. ' . Y �'�`= ��- t�7 y � ;r�'��``� ��IENDMENTS TO COUNCIL FILE 84-674: �� P_� I Last line , delete the word "vicious" and substitute the word "wild" ;;�' P�es 3 , 4 and 5 Substitute attached pages . They v' contain the following amendments : (1) Exclude from permit requirements and prohibitions persons keeping animals for public zoos as volunteers under the "Docents" program or otherwise (sick animals , exhibitions) (2) Permit fee of $5 for (small) animals as defined in section 198 .02 , subd. 2 , and �ermit fee of $25 for all other permits . - AMFNDMENT TO COUNCIL FILE 84-674: Page 2 - Substitute attached page. The language in section 198 .02 subdivision 2 is amended so that the keeping of just one live rabbit will not require the obtaining of a permit or payment of any fee. ' � . �// r , ' � ��1 �� ci,�% � �� 4� t�' � t;-�.�- �• , r K./ .• � � � � �� WHITE - C�TV CLERK PINN - FINANCE CITY OF SAINT PAUL Council ,/ CANARY - DEPARTMENT File NO. �• �� BLVE - M4VOR 0 d n�nc ordinance N0. � �� ` Presented By Referred To �ti-P-/1-�?f' Committee: Date ��'� Out of Committee By Date � An ordinance pertaining to the kee ng of animals; requiring permits in some cas s; pro- hibiting absolutely the keeping of ce tain animals ; . amending Chapter 198 of the Saint P 1 Legislative Code. j i THE COUNCIL OF THE CITY OF SAINT PAUI%DOES ORDAIN: � . � Section L, That Section 198 .04 of the Saint Paul Legislative Code, as amended by Ordinance No. 1712�1, adopted March 22, 1984, is recodified as Section 199. 1L: Section 2. That the remainin� sectzons of Chapter 198 are amended by deleting the same in th�ir entirety and substituting, in lieu and in place thereof�'� the following: 198.01. /�EFINITION,S_7` Subdivision 1. /'`TERMS.7' As used in this chapter, the terms define� in this section •shall have the meanings ascribed to them. Subd. 2. /�IE�QiI,TH OFFICER.? "Health officer" means the public-hsalth services manager or his delegate. Subd. 3. /WILD OR EXOTIC ANIMAL.7 "Wild animal" or "exoticranimal" means any mammal, amphibian, reptile, dr bird which is of a species not usually J�omestic�rEed, and of a species which, due to size, ✓ vicious ��zature, or other characteristic is dangerous COUNCILMEN Yeas Nays Requested by Department of: Fletcher Community ervices pfeW [d Favor _ ---- Masanz Nicosis Against BY – -- — Schefbel Tedesco Wilson Form Approved b City Attorne Adopted by Council: Date ! Certihed Passed by Council Secretary BY - — -- — �:� -------- —-- --------------------- - , � _ _, L_. �„__.__, r,_�� Approved� a.yoc for Submission to Council �� , . .. U�_ �/</ � ��, � � � " � ��a��l Page 2. to humans . The term includes animals and birds the keeping of which is licensed by the state or federal government , such as wolves , ra�tors , and phe sants . By way of example and not of limitation, t term includes : snakes , eagles , ocelots , jagua s , cougars , weasels , ferrets , badgers , monkeys , chi anzees , deer, and bison. The term also includ crossbreeds such as the cross between dogs and co otes and dogs � and wolves. 198.02. �ERMITS REQUIRED; EXCEPTI S_7 Subdivision l. /HOOFED ANIMALS No person shall � stable, keep, or permit any ho ed anima.l to remain on any lot or premises within he city without a permit. Subd. 2. /3MALL ANIMALS A BIRDS OF THE ORDERS ANSERIFORNIES AND GALLIFO S.? No person shall keep or permit any live r bbit, chinchilla, mink, chicken, turkey, duck, g ose, pigeon, or any similar small animal or bird, i any dwelling or on the same lot or premises with a dwellin�, or other premises within the city witho a permit. This subdivision does not apply to any hamster, gerbil, white rat, mouse, or guinea pig maintained as children's pets . Subd. 3. /$EES.? o person shall keep or allow to be kept any Fiiv or other facility for the housing of bees within th city without a permit. Subd. 4. /WILD R EXOTIC ANIMALS.7 No person shall keep or allow t be kept any wild or exotic animal within the cit without a permit, whether or not the keeping of suc animal is licensed by the state or federal gover ent. NOTE: e keeping of certain animals is rohibited absolutely. See section 98.03. Subd. 5. MAXIMUM NUNIBER OF CATS_7 No person shall keep, har or, or cnaintain more than three cats of over the a�ge of three months within any individual dwelling unit within the city without a permit. � . .. �i/-- ,I y'- G '%�f . . . . , /��`7 Pag e 3. Subd. 6. /EXCEPTIONS_7 This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show, nor does it apply to any public zoo or bona fide research institution, or veterin y Zo i�aT; provided protective devices ade ate to prevent such animal from escaping or njuring the public are provided. 198.03. /—KEEPING OF CERTAIN ANIMALS SOLUTELY PROHIBITED; EXCEPTT�NS.�' Subdivision 1. /FROHIBITED ANI S.7 No person shall keep, maintain, or harbor witFiin the city of Saint Paul any of the followi anima.ls : (1) Any animal or species p� ohibited by federal or Minnesota law. (2) Any exotic animal or species when kept in such numbers or in uch a way as to constitute a likelihood of ha to the animals themselves , to human beings , to the property of human beings , or which onstitutes a public or private nuisance (3) Any skunk, whe er captured in the wild, domestically r ised, descented or not descented, vaccinated ag inst rabies or "not vaccinated against rabi s. (4) Any large c t or member of the family Felidae, such as li s , tigers , jaguars , leopar sc3; cougars , a d ocelots , except commonly accepted domestica ed cats. (5) Any memb r of the family Canidae, such as wolves , ingoes , coyotes an3 jackals , except domesti ated dogs . (6) Any cr ssbreed such as the crossbreed between dogs a d coyotes and dogs and wolves . (7) Any raccoon. (8) Any red-eared turtle (Pseudem s scri taele ans) with a shell length of ess t n our inc es . � . . .. ��F �� . . .. . - f��`� PBge 4. � Subs. 2. /EXCEPTIONS_7 This section does not apply to animals which are temporarily brought into he city for the purpose of participating in any circus or show, nor does it apply to any public z or bona fide research institution, or veterinary ospital, provided protective devices adequate to revent such animal from escaping or injuring the p lic are provided. 198.04. �ERMIT, APPLICATION, PROCED ES, TERM, AND FEE_7 Subdivision 1. /APPLICATION_]' y person desiring a permit requirea under the prov sions of section � 198.02 shall make written appli ation therefor to the health off icer upon a form prescribed by and containing such information a required by the health officer. Among other things� the application shall contain the following info tion: (1) A description of the eal property upon which it is desired to kee the animal or animals . (2) The species and n er of animals to be maintained on the premises . (3) A statement that he applicant/permittee will at all times kee the animals in accordance with all the co ditions prescribed by the health officer, or mod fication thereof, and that failure to obey such c nditions will constitute a viola- tion of the pr visions of this chapter and grounds for � ncellation of the permit. (4) Such other a�id further information as may be required by�the health officer. Subd. 2. /CONS T_7 The applicant for any permit required under he provisions of section 198 .02 shall provide with t e application the written consent of 75 percent of he owners or occupants of privately or publicly o ed real estate within 150 feet of the outer boundarues of the premises for which the permit is being requeste�d or, in the alternative, proof tha.t applicant 's property lines are 150 feet or more from any structure. However, where a street separates � . . � .. .. � �� r" ,(��- C �%`�� _ . , I,�� Page 5. the premises for which the perm�t is being requested from other neighboring property, no conse is re- quired from the owners or occupants of p perty located on the opposite side of the str et. Where a pro�erty within 150 feet consists of a multiple dwelling, the applicant need obtain o ly the written consent of the owner or manager, or ther person in charge of the building. Subd. 3. �EE; TERM OF PERMIT_7 �An initial fee of �25 shall accompany the applicat on, and the term of the permit shall be one year fr m date of issuance. The permit may be renewed from ear to year without payment of any additional fee pon application to the health officer; provided however, that upon any adverse action or violation f the conditions of the permit or substantial amen ent to the permit applica- tion as originally describ d, a new application, fee, and investigation may be equired before the granting of a permit or renewal t reof. Subd. 4. /'INVESTIGATIO BY HEALTH OFFICER; MAY GRANT PERMIT.7 fihe health o icer shall make such investiga- tion as is necessary a d may grant, deny, or refuse to renew any applicat'on for permit under this chapter. Subd. 5. /�ERMIT; C NDITIONS.? If granted, the permit shal'1 be iss d by the-health officer and shall state the con itions3 if any, imposed upon the permittee for e keeping of animals under the permit. The permi shall specify the restrictions , limitations , cond' ions , and prohibitions which the health officer de ms reasonably necessary to protect any person or ne'ghboring use from unsanitary condi- tions , unreasona le noise or odors , or annoyance, or to protect t e public health and safety. Such permit may be m dified from time to time or revoked by the health o ficer for failure to conform to such restrictions , imitations , or prohibitions. Such modification o revocation shall be effective from and after ten ays following the mailing of written notice thereo by certified mail to the person or persons keepi g or maintaining such animals. Subd. 6. /1�E USAL TO GRANT OR RENEW A PERMIT_7 The health officer may refuse a permit to keep or .� . , . .. `r'� �"t/" � J�� /�� Page 6. maintain animals hereunder for failure to comp with the provisions of this cha.pter, if the f ilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of th permit are not met, if a nuisance condition is c eated, or if the public health and safety would b unreasonably endangered by the granting of such pe t. Subd. 7. /NLTMBERS OF ANIMALS; SPECI S; NOTICE TO HEALTH OFFICER.7 The permit shall tate the number � of animals which ma.y be maintaine on the premises , and the permittee shall immediat y inform the health officer in writing.when the numb r of animals main- . tained on the premises exceeds he number allowed by the permit or when a differ nt species is substi- tuted for those listed on the permit. 198.05. /�JLES AND REGULATIO ; CONDITIONS OF PERMITS.? Subdi�rision 1. �ULES AND REGULATIONS_7 Tkle health officer shall promulgate ules and re�ulations prescribing the general onditions , limitations , and prohibitions applicable o the keeping of animals or classes of animals u der permits granted pursuant to the provisions of t is chapter. Such rules and regulations , and any endments thereto, are effective 20 days after filing ith the city clerk. Subd. 2. /3'PECIAL :VDITIONS.7 The health officer may prescribe speci ic conditions, limitations , and prohibitions perta' in� to the keeping of particular animals under any ermit granted pursuant to the provisions of thi chapter as the health officer deems reasonably ecessary to protect any person or neighboring u e from unsanitary conditions , unreasonable no' se or odors , or annoyance, or for the control of odents and insects , or to protect the public hea th and safety. 198.06. /—NUISA E.7 No person shall keep any animal, bird, or othe living thing in such a manner as to constitute a uisance. 198.07. /ENFORCEMENT.7 The health officer shall enforce the provisions of this chapter. � � .- . . . . , wH�Te — c�rv cLEr+K PINK — FINANCE ' GITY OF SAINT PAUL Council /� CANARV —DEPARTMENT File NO. (��/ � BLUE —MAYOR 0 rdin�nce Ordinance N 0. �/.��"/ Presented By � Referred To Committee: ate Out of Committee By Date Page 7. 198.08. /VIOLATION; PENALTY.? person who violates any provision of section 1t18.0 , 198.03, or .198.06 is guilty of a misdemeanor. Section 3. This ordinance shall be dee ed a part of the Saint Paul Legislative Code and shall be 'ncorporated therein and given � an appropriate chapter and/or section number at the time of the next revision of said Le slative Code. S ction 4. This ordinance shall ake effect and be in force 30 days from and after its passa e, approval and publication. > r � ) f f . � �� ; � � �' COUNCILMEN Requested by Department of: Yeas Nays Fletchsr COIilIitllrilt Services Drew [ri Favor Massnz Nicosfa Against B -- Scheibel Tedesco Wilson � Form Approve by ity Attorney Adopted by Council: Date Certified Passed by Council Secretary BY — By _ � „____....a �.. ......,._. .,,..., ARproved_b}�M yor for SL(bmission'to Council � . - . .... . ... . . . . �. - +i . .. n� , — . ... . . lst ��a �'�� '' 2nd �7/�� / r-- 3rd ��_ Adopted �//�/�� Nays Yeas - � � DREW _ �,� �,7,� `�-�t�' = w � ��/�, f t � _ FLETCHER l � 4 '' �.�- , �4t � _� �< MASANZ � �=`� �.t_��: NICOSIA - E..;�_:�:�.. _ �1 SCHEIBEL WILSON - l�t, pRESIDENT TEDESCO : �,�,,,._;.�... . �s�..,,.x.,-.._.. _.�.,.�.�._...r...._.,.,,.x.,,�.-,_ .-,..-.;.,�,,...._,:r.,, � -- - , ..,��.-�...��—' S,'-'" � � � � . . ' . �t t4�1` " ,.� �; j. � . . � . �,1�.., ..-.` ��-�� , ,