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97-285Council File # ����� � � �, �, r �-• t r. r �'; ( Green 5heet # � OZ-��-- 1 ,t i �`. ' �l : � t ��`.. �' �t a _ Ordinance # ORDINANCE rresentec Referred �� 1 An ordinance amending Chapter 198 of the Saint Paul Legisladve Code to define Environmental Health 2 officer; allow more than one fenet to be allowed in a dwelling; add the exclusions of pigeon, dove, or any 3 other small bird or any chinchilla; addition of the word temporarily as it applies to persons keeping auimals 4 for a public zoo; allowing for the seizure and disposal of a prohibited animal; substitute the term 5 environmental health officer for health officer. 6 THE COUNCIL OF Tf� CITY OF SAINT PAUL DOES ORDAIN: Secrion 1 10 11 12 13 14 15 16 17 18 19 [►�1: 21 22 23 24 2S 26 27 28 29 30 Secfion 198A 1 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.198.01. Definitions. Section 2 Section 198A2 of the Saint Pau1 Legislative Code is hereby amended to read as follows: Sec. 198.02. Permits required; exceptions. (a) Hoofed animals. No person sha11 stable, keep or pernvt any hoofed animal to remain on any lot or premises within the city without a pernut. (b) Small animals and birds of the orders Anseriformes and Galliformes. No person sha11 keep or pernut more than one (1) live rabbit, or any ehinel�a; mink, chicken, turkey, duck, goose, pigeon ar similar sma11 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 paragraph does not apply to any � hamster, gerbil, white rat, mouse ar guinea maintained as elv�dre�s As used in this chapter, the terms defined in this section shall haue the meanings ascribed to them: � Y� Health officer. " �'"�' � Health officer" means the pab�ie '` �'`' health sen*iees or de}egate YVild or exotic animal. "Wild animal" or "�otic auimal" means any maminal, atnphibian, reptile or bird which is of a species not usually domesficated, and of a species which, due to size, wild nature or other characteristic, is dangerous 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 example and not of limitation, the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels, £errets; badgers, monkeys, chimpanzees, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. �Z _2�`,"� � 2 3 (e� Bees. No person shall keep or allow to be kept any luve or other facility for the housing of bees 4 within the city without a permit. 5 (d� Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animai 6 within the city without a permit, whether or not the keeping of such auimal is licensed by the state 7 or federal government. 8 (e� Mazimum number of cats. No person shall keep, harbor or maintain more than three (3) cats of 9 over the age of three (3) months within any individual dwelling unit within the city without a permit. 10 (� Exceptions. This section does not apply to animals which are temporarily brought into the city 11 for the purpose of participating in any circus or show; nor does it apply to any public wo, or persons 12 `'"��� : keeping animals for a public zoo as volunteers, dooents or otherwise; nor to any bana 13 fide research institution, or veterinary hospital, provided protective devices adequate to prevent such 14 animal from escaping or injm•iug the public aze provid , 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3 Section 198.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.148.03. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint Paul any of the following animals: (i) Any auunal 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 hann to the animals themselves, to human beings or to the property of human beings, or which consfitutes a public or private nuisance. (3) Any skuuk, whether captured in the wild, domestically raised, descented or not descented, vaccinated againstrabies or not vaccinated againstrabies. (4) Any large cat or members of the family Felidae, such as lions, tigers, jaguars, leopazds, cougars, and ocelots, except commonly accepted domesticated cats. (5) Any member of the fanuly Canidae, such as wolves, dingoes, coyotes and jackals, �cept domesticated dogs. (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red-eazed turtle (Pseudemys scriptae-legans) with a shell length of less than four (4) inches. (b) Exceptions. 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 wo, or persons keeping aniinals for a public zoo as volunteers, docents or otherwise; nor to any bona fide reseazch institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided, Fa �z Z�s Section 4 2 Secfion 198.d4 of the Saint Paul Legislative Code is hereby amended to read as follows: 3 Sec.198.04. Permit; applicafion, procedures, term and fee. 4 (a) Applacation. Any person desiring a pemiit required under the provisions of secrion 198.02 sha11 5 make written application therefor to the �vrr�inrr�'��;� health officer upon a form prescribed by and nt ����, 6 containing such information as required by the ��+�tca��,.en� health officer. Among other things, 7 the application shall contain the following information: 8 (1) A description of the real properry upon which it is desired to keep the anunal or animals. 9 (2) The species and number of auimals to be maintained on the premises. 10 (3) A statement that the applicantrpermittee will at all times keep the atvmals in accordance with 11 all the conditions prescribed by the ��` '`` �;' health officer, or modification thereof, and 12 that failure to obey such conditions will constihrte a violation of the provisions of this 13 chapter and grounds for cancellation of the pernut. 14 (4) Such other and further information as may be required by the `" �' , health officer. 15 (b) Consent. The applicant for any pernut required under the provisions of section 198A2 shall 16 provide with the application the written consent of seventy-five (?5) percent of the owners or 17 occupants of privately or publicly owned real estate witlun one hundred fifly (150) feet of the outer 18 boundaries of the premises for which the pernut is being requested or, in the alternative, proof that 19 applicant's property lines aze one hundred fifiy (150) feet or more from any sfructure. However, 20 where a street separates the premises for which the permit is being requested from other neighboring 21 property, no consent is required from the owners or occupants of property located on the opposite 22 side of the street. Where a properiy within one hundred fifiy (150) feet consists of a multiple 23 dwelling, the applicant need obtain only the written consent of the owner or manager, or other person 24 in charge of the building. 25 (c) Fees; term ofpermit. For all pernuts issued hereunder, the fee sha11 be established by ordinance 26 as provided in section 31 Q.09(b) of the Legislative Code. The term of the permit shall be one (1) year 27 from date of issuance, and the pernut may be renewed from year to year with payment of an 28 additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, 29 upon application to the `' health officer; provided, however, that upon any adverse 30 action or violation of the conditions of the permit or substantial amendment to the pernut application 31 as originally described, a new application, fee and investigation may be required before the granting 32 of a pernut or renewal thereof. 33 (d) Investigation by health officer; may grant permit. The `'' '�`- health 34 officer shall make such investigation as is necessary and may grant, deny or refuse to renew any 35 application for pernut under this chapter. 36 (e) Permit; conditions. If granted, the permit shall be issued by the ��'� �' health officer and 37 sha11 state the conditions, if any, imposed upon the permittee far the keeping of animals under the 38 permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the 39 „" ��� health o�cer deems reasonably necessary to protect any person or neighboring use 40 from unsanitary condirions, unreasonable noise or odors, or annoyance, or to protect the public health 41 and safety. Such pennit may be modified from time to time or revoked by the ``'� F '`� health 42 officer for failure to conform to such restrictions, limitations or prohibitions. Such modificarion or 43 revocation shall be effective from and after ten (10) days following the mailing of written notice 44 thereof by certified mail to the person ar persons keeping or maintainiug such animals. �� Z� 1 ( fl Refusal to graru or renew a permit. The �nt�r` ��`�i� health officer may refuse a permit to keep 2 or maintain animals hereunder for failure to comply with the provisions of this chapter, if the 3 facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions 4 of the pernut aze not met, if a nuisance condition is created, or if the public health and safety would 5 be unreasonably endangered by the granting of such germit 6 (g) Numbers of animals; specie , . The permit shail state the 7 number "�`� of animals which may be maintained on the premises. 8 9 13 f[! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Secrion 5 Section 198.05 of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.05. Rules and regulations; condirions of permits. (a) Rules and regulations. The `�"' �` ' health officer sha11 promulgate rules and regulations prescribing the general condirions, limitarions and prohibitions applicable to the keepnig of annnals or classes of animals under pernuts granted pursuant to the provisions of this chapter. Such rules and regulations, and any amendments thereto, aze effective twenty (20) days after filing with the city clerk. (b) Speczal conditions. The °`�' � health officer may prescribe specific conditions, limitations and prohibitions pertaining to the keeping of particulaz animals under any pernut granted pursuant to the provisions of this chapter as the `'" �` "'` ` ealth 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 safery. Section 6 Section 198.0? of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.07. Enforcement. The � health officer shall enforce the provisions of this chapter. Section 7 This ordinance shall take effect and be in force tivrty (30) days following its passage, approval and publication. �z Zgs P(IRI ICl�IC(t �PR 26 1997 Requested by Departrnentof: � Form A g ved C�ty rney � � By . - �. Approved by Mayor for Submission to Council Certified by Council Approved by Mayor Dat ��� 4 �� � T Adopted by Council: Dat��� �_� a 40�82 c,n co��n Gerry Stratliman 6-8575 oz-ZS-9� � GREEN SHEET FOA DEPAiiTMEM D1RECiOF cmnrroaNer BUDGEf �IRECTOR MAYOR (OR ASS15TANT) TOTAL # OF SIGNATURE PAGES {CIIP ALl LOCATIONS FOR SIGNATURE) a CRYCOUNCIL � cm c�aK � FIN. $ MGT. SE � INRIAL/DATE Dlfl. An ordinance amending Chapter 198 of the Saint Paul Iegislarive Cale to bring the Chapter up-to-date, improve upon the language and to more accurately reflect tfte current aniwal control environment in the City. _ PLANNING CAMMISSION _ CIVIL SEHVICE _ CIB COMMRTEE _ _ STAFF _ ' _DISiRICTGOURT _, SUPPORTS WHICH CDUNqL OBJECTIVE? PERSONAL SERVICE CON7RACTS MUST ANSWER TNE FOLLOWING QUESTIONS: 1. Has this persoMirm ever worked untler a cont2ct for this depadment? YES NO 2. Has this per5onlfirm ever been a city employee? YES NO 3. Does th7s persoMirm possess a Skill not normalty possessetl by any Current city employee? YES NO Explain all yes answers on aeparote sheet and attaoh to green afieet ISSUE. OPPORTUNITY (Who, WhaC When. Where, Why): Glurent language is out-af-date and refers to the public health inspector from the division of public health and not the environmental health officer or inspector within the Office of Licenses, Tnspec6on and Environmental Ptotection. Alsq the public is currently ailowed to pennanently hazbor surplus animals from Como Zoo without a permit. Ciry Code will accurately reflect that the Office of Licenses, Inspection and Environmental Frotecrion is responsible for ffie control of animals within the City. Also, it will eliminate the exception allowing for the public to keep pertnanendy, and without a pernut, sucplus animals from Como Zoo. Brings the Code up-to-date. None � e��:;a rs; '�.;,,�«��� ���' +w�.,. �,. . �, . ..,. `..i �. � �Jv t The Code will be out-of-date. The public will he allowed to continue the practice of keeping surplus animals from Como Zoo without a percnit. TOTAL AlAOUNT OP TRANSAGTION S COST/REVENUE BUDGETEU (CIRCLE ONE) YES NO FUNOIWG SOURCE ACTtV1TY NUMBER FINANCIAL INFORfnAT10N: (EXPIAIN) Council File # ����� � � �, �, r �-• t r. r �'; ( Green 5heet # � OZ-��-- 1 ,t i �`. ' �l : � t ��`.. �' �t a _ Ordinance # ORDINANCE rresentec Referred �� 1 An ordinance amending Chapter 198 of the Saint Paul Legisladve Code to define Environmental Health 2 officer; allow more than one fenet to be allowed in a dwelling; add the exclusions of pigeon, dove, or any 3 other small bird or any chinchilla; addition of the word temporarily as it applies to persons keeping auimals 4 for a public zoo; allowing for the seizure and disposal of a prohibited animal; substitute the term 5 environmental health officer for health officer. 6 THE COUNCIL OF Tf� CITY OF SAINT PAUL DOES ORDAIN: Secrion 1 10 11 12 13 14 15 16 17 18 19 [►�1: 21 22 23 24 2S 26 27 28 29 30 Secfion 198A 1 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.198.01. Definitions. Section 2 Section 198A2 of the Saint Pau1 Legislative Code is hereby amended to read as follows: Sec. 198.02. Permits required; exceptions. (a) Hoofed animals. No person sha11 stable, keep or pernvt any hoofed animal to remain on any lot or premises within the city without a pernut. (b) Small animals and birds of the orders Anseriformes and Galliformes. No person sha11 keep or pernut more than one (1) live rabbit, or any ehinel�a; mink, chicken, turkey, duck, goose, pigeon ar similar sma11 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 paragraph does not apply to any � hamster, gerbil, white rat, mouse ar guinea maintained as elv�dre�s As used in this chapter, the terms defined in this section shall haue the meanings ascribed to them: � Y� Health officer. " �'"�' � Health officer" means the pab�ie '` �'`' health sen*iees or de}egate YVild or exotic animal. "Wild animal" or "�otic auimal" means any maminal, atnphibian, reptile or bird which is of a species not usually domesficated, and of a species which, due to size, wild nature or other characteristic, is dangerous 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 example and not of limitation, the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels, £errets; badgers, monkeys, chimpanzees, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. �Z _2�`,"� � 2 3 (e� Bees. No person shall keep or allow to be kept any luve or other facility for the housing of bees 4 within the city without a permit. 5 (d� Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animai 6 within the city without a permit, whether or not the keeping of such auimal is licensed by the state 7 or federal government. 8 (e� Mazimum number of cats. No person shall keep, harbor or maintain more than three (3) cats of 9 over the age of three (3) months within any individual dwelling unit within the city without a permit. 10 (� Exceptions. This section does not apply to animals which are temporarily brought into the city 11 for the purpose of participating in any circus or show; nor does it apply to any public wo, or persons 12 `'"��� : keeping animals for a public zoo as volunteers, dooents or otherwise; nor to any bana 13 fide research institution, or veterinary hospital, provided protective devices adequate to prevent such 14 animal from escaping or injm•iug the public aze provid , 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3 Section 198.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.148.03. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint Paul any of the following animals: (i) Any auunal 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 hann to the animals themselves, to human beings or to the property of human beings, or which consfitutes a public or private nuisance. (3) Any skuuk, whether captured in the wild, domestically raised, descented or not descented, vaccinated againstrabies or not vaccinated againstrabies. (4) Any large cat or members of the family Felidae, such as lions, tigers, jaguars, leopazds, cougars, and ocelots, except commonly accepted domesticated cats. (5) Any member of the fanuly Canidae, such as wolves, dingoes, coyotes and jackals, �cept domesticated dogs. (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red-eazed turtle (Pseudemys scriptae-legans) with a shell length of less than four (4) inches. (b) Exceptions. 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 wo, or persons keeping aniinals for a public zoo as volunteers, docents or otherwise; nor to any bona fide reseazch institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided, Fa �z Z�s Section 4 2 Secfion 198.d4 of the Saint Paul Legislative Code is hereby amended to read as follows: 3 Sec.198.04. Permit; applicafion, procedures, term and fee. 4 (a) Applacation. Any person desiring a pemiit required under the provisions of secrion 198.02 sha11 5 make written application therefor to the �vrr�inrr�'��;� health officer upon a form prescribed by and nt ����, 6 containing such information as required by the ��+�tca��,.en� health officer. Among other things, 7 the application shall contain the following information: 8 (1) A description of the real properry upon which it is desired to keep the anunal or animals. 9 (2) The species and number of auimals to be maintained on the premises. 10 (3) A statement that the applicantrpermittee will at all times keep the atvmals in accordance with 11 all the conditions prescribed by the ��` '`` �;' health officer, or modification thereof, and 12 that failure to obey such conditions will constihrte a violation of the provisions of this 13 chapter and grounds for cancellation of the pernut. 14 (4) Such other and further information as may be required by the `" �' , health officer. 15 (b) Consent. The applicant for any pernut required under the provisions of section 198A2 shall 16 provide with the application the written consent of seventy-five (?5) percent of the owners or 17 occupants of privately or publicly owned real estate witlun one hundred fifly (150) feet of the outer 18 boundaries of the premises for which the pernut is being requested or, in the alternative, proof that 19 applicant's property lines aze one hundred fifiy (150) feet or more from any sfructure. However, 20 where a street separates the premises for which the permit is being requested from other neighboring 21 property, no consent is required from the owners or occupants of property located on the opposite 22 side of the street. Where a properiy within one hundred fifiy (150) feet consists of a multiple 23 dwelling, the applicant need obtain only the written consent of the owner or manager, or other person 24 in charge of the building. 25 (c) Fees; term ofpermit. For all pernuts issued hereunder, the fee sha11 be established by ordinance 26 as provided in section 31 Q.09(b) of the Legislative Code. The term of the permit shall be one (1) year 27 from date of issuance, and the pernut may be renewed from year to year with payment of an 28 additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, 29 upon application to the `' health officer; provided, however, that upon any adverse 30 action or violation of the conditions of the permit or substantial amendment to the pernut application 31 as originally described, a new application, fee and investigation may be required before the granting 32 of a pernut or renewal thereof. 33 (d) Investigation by health officer; may grant permit. The `'' '�`- health 34 officer shall make such investigation as is necessary and may grant, deny or refuse to renew any 35 application for pernut under this chapter. 36 (e) Permit; conditions. If granted, the permit shall be issued by the ��'� �' health officer and 37 sha11 state the conditions, if any, imposed upon the permittee far the keeping of animals under the 38 permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the 39 „" ��� health o�cer deems reasonably necessary to protect any person or neighboring use 40 from unsanitary condirions, unreasonable noise or odors, or annoyance, or to protect the public health 41 and safety. Such pennit may be modified from time to time or revoked by the ``'� F '`� health 42 officer for failure to conform to such restrictions, limitations or prohibitions. Such modificarion or 43 revocation shall be effective from and after ten (10) days following the mailing of written notice 44 thereof by certified mail to the person ar persons keeping or maintainiug such animals. �� Z� 1 ( fl Refusal to graru or renew a permit. The �nt�r` ��`�i� health officer may refuse a permit to keep 2 or maintain animals hereunder for failure to comply with the provisions of this chapter, if the 3 facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions 4 of the pernut aze not met, if a nuisance condition is created, or if the public health and safety would 5 be unreasonably endangered by the granting of such germit 6 (g) Numbers of animals; specie , . The permit shail state the 7 number "�`� of animals which may be maintained on the premises. 8 9 13 f[! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Secrion 5 Section 198.05 of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.05. Rules and regulations; condirions of permits. (a) Rules and regulations. The `�"' �` ' health officer sha11 promulgate rules and regulations prescribing the general condirions, limitarions and prohibitions applicable to the keepnig of annnals or classes of animals under pernuts granted pursuant to the provisions of this chapter. Such rules and regulations, and any amendments thereto, aze effective twenty (20) days after filing with the city clerk. (b) Speczal conditions. The °`�' � health officer may prescribe specific conditions, limitations and prohibitions pertaining to the keeping of particulaz animals under any pernut granted pursuant to the provisions of this chapter as the `'" �` "'` ` ealth 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 safery. Section 6 Section 198.0? of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.07. Enforcement. The � health officer shall enforce the provisions of this chapter. Section 7 This ordinance shall take effect and be in force tivrty (30) days following its passage, approval and publication. �z Zgs P(IRI ICl�IC(t �PR 26 1997 Requested by Departrnentof: � Form A g ved C�ty rney � � By . - �. Approved by Mayor for Submission to Council Certified by Council Approved by Mayor Dat ��� 4 �� � T Adopted by Council: Dat��� q... L. a 40�82 c,n co��n Gerry Stratliman 6-8575 oz-ZS-9� � GREEN SHEET FOA DEPAiiTMEM D1RECiOF cmnrroaNer BUDGEf �IRECTOR MAYOR (OR ASS15TANT) TOTAL # OF SIGNATURE PAGES {CIIP ALl LOCATIONS FOR SIGNATURE) a CRYCOUNCIL � cm c�aK � FIN. $ MGT. SE � INRIAL/DATE Dlfl. An ordinance amending Chapter 198 of the Saint Paul Iegislarive Cale to bring the Chapter up-to-date, improve upon the language and to more accurately reflect tfte current aniwal control environment in the City. _ PLANNING CAMMISSION _ CIVIL SEHVICE _ CIB COMMRTEE _ _ STAFF _ ' _DISiRICTGOURT _, SUPPORTS WHICH CDUNqL OBJECTIVE? PERSONAL SERVICE CON7RACTS MUST ANSWER TNE FOLLOWING QUESTIONS: 1. Has this persoMirm ever worked untler a cont2ct for this depadment? YES NO 2. Has this per5onlfirm ever been a city employee? YES NO 3. Does th7s persoMirm possess a Skill not normalty possessetl by any Current city employee? YES NO Explain all yes answers on aeparote sheet and attaoh to green afieet ISSUE. OPPORTUNITY (Who, WhaC When. Where, Why): Glurent language is out-af-date and refers to the public health inspector from the division of public health and not the environmental health officer or inspector within the Office of Licenses, Tnspec6on and Environmental Ptotection. Alsq the public is currently ailowed to pennanently hazbor surplus animals from Como Zoo without a permit. Ciry Code will accurately reflect that the Office of Licenses, Inspection and Environmental Frotecrion is responsible for ffie control of animals within the City. Also, it will eliminate the exception allowing for the public to keep pertnanendy, and without a pernut, sucplus animals from Como Zoo. Brings the Code up-to-date. None � e��:;a rs; '�.;,,�«��� ���' +w�.,. �,. . �, . ..,. `..i �. � �Jv t The Code will be out-of-date. The public will he allowed to continue the practice of keeping surplus animals from Como Zoo without a percnit. TOTAL AlAOUNT OP TRANSAGTION S COST/REVENUE BUDGETEU (CIRCLE ONE) YES NO FUNOIWG SOURCE ACTtV1TY NUMBER FINANCIAL INFORfnAT10N: (EXPIAIN) Council File # ����� � � �, �, r �-• t r. r �'; ( Green 5heet # � OZ-��-- 1 ,t i �`. ' �l : � t ��`.. �' �t a _ Ordinance # ORDINANCE rresentec Referred �� 1 An ordinance amending Chapter 198 of the Saint Paul Legisladve Code to define Environmental Health 2 officer; allow more than one fenet to be allowed in a dwelling; add the exclusions of pigeon, dove, or any 3 other small bird or any chinchilla; addition of the word temporarily as it applies to persons keeping auimals 4 for a public zoo; allowing for the seizure and disposal of a prohibited animal; substitute the term 5 environmental health officer for health officer. 6 THE COUNCIL OF Tf� CITY OF SAINT PAUL DOES ORDAIN: Secrion 1 10 11 12 13 14 15 16 17 18 19 [►�1: 21 22 23 24 2S 26 27 28 29 30 Secfion 198A 1 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.198.01. Definitions. Section 2 Section 198A2 of the Saint Pau1 Legislative Code is hereby amended to read as follows: Sec. 198.02. Permits required; exceptions. (a) Hoofed animals. No person sha11 stable, keep or pernvt any hoofed animal to remain on any lot or premises within the city without a pernut. (b) Small animals and birds of the orders Anseriformes and Galliformes. No person sha11 keep or pernut more than one (1) live rabbit, or any ehinel�a; mink, chicken, turkey, duck, goose, pigeon ar similar sma11 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 paragraph does not apply to any � hamster, gerbil, white rat, mouse ar guinea maintained as elv�dre�s As used in this chapter, the terms defined in this section shall haue the meanings ascribed to them: � Y� Health officer. " �'"�' � Health officer" means the pab�ie '` �'`' health sen*iees or de}egate YVild or exotic animal. "Wild animal" or "�otic auimal" means any maminal, atnphibian, reptile or bird which is of a species not usually domesficated, and of a species which, due to size, wild nature or other characteristic, is dangerous 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 example and not of limitation, the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels, £errets; badgers, monkeys, chimpanzees, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. �Z _2�`,"� � 2 3 (e� Bees. No person shall keep or allow to be kept any luve or other facility for the housing of bees 4 within the city without a permit. 5 (d� Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animai 6 within the city without a permit, whether or not the keeping of such auimal is licensed by the state 7 or federal government. 8 (e� Mazimum number of cats. No person shall keep, harbor or maintain more than three (3) cats of 9 over the age of three (3) months within any individual dwelling unit within the city without a permit. 10 (� Exceptions. This section does not apply to animals which are temporarily brought into the city 11 for the purpose of participating in any circus or show; nor does it apply to any public wo, or persons 12 `'"��� : keeping animals for a public zoo as volunteers, dooents or otherwise; nor to any bana 13 fide research institution, or veterinary hospital, provided protective devices adequate to prevent such 14 animal from escaping or injm•iug the public aze provid , 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3 Section 198.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.148.03. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint Paul any of the following animals: (i) Any auunal 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 hann to the animals themselves, to human beings or to the property of human beings, or which consfitutes a public or private nuisance. (3) Any skuuk, whether captured in the wild, domestically raised, descented or not descented, vaccinated againstrabies or not vaccinated againstrabies. (4) Any large cat or members of the family Felidae, such as lions, tigers, jaguars, leopazds, cougars, and ocelots, except commonly accepted domesticated cats. (5) Any member of the fanuly Canidae, such as wolves, dingoes, coyotes and jackals, �cept domesticated dogs. (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red-eazed turtle (Pseudemys scriptae-legans) with a shell length of less than four (4) inches. (b) Exceptions. 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 wo, or persons keeping aniinals for a public zoo as volunteers, docents or otherwise; nor to any bona fide reseazch institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided, Fa �z Z�s Section 4 2 Secfion 198.d4 of the Saint Paul Legislative Code is hereby amended to read as follows: 3 Sec.198.04. Permit; applicafion, procedures, term and fee. 4 (a) Applacation. Any person desiring a pemiit required under the provisions of secrion 198.02 sha11 5 make written application therefor to the �vrr�inrr�'��;� health officer upon a form prescribed by and nt ����, 6 containing such information as required by the ��+�tca��,.en� health officer. Among other things, 7 the application shall contain the following information: 8 (1) A description of the real properry upon which it is desired to keep the anunal or animals. 9 (2) The species and number of auimals to be maintained on the premises. 10 (3) A statement that the applicantrpermittee will at all times keep the atvmals in accordance with 11 all the conditions prescribed by the ��` '`` �;' health officer, or modification thereof, and 12 that failure to obey such conditions will constihrte a violation of the provisions of this 13 chapter and grounds for cancellation of the pernut. 14 (4) Such other and further information as may be required by the `" �' , health officer. 15 (b) Consent. The applicant for any pernut required under the provisions of section 198A2 shall 16 provide with the application the written consent of seventy-five (?5) percent of the owners or 17 occupants of privately or publicly owned real estate witlun one hundred fifly (150) feet of the outer 18 boundaries of the premises for which the pernut is being requested or, in the alternative, proof that 19 applicant's property lines aze one hundred fifiy (150) feet or more from any sfructure. However, 20 where a street separates the premises for which the permit is being requested from other neighboring 21 property, no consent is required from the owners or occupants of property located on the opposite 22 side of the street. Where a properiy within one hundred fifiy (150) feet consists of a multiple 23 dwelling, the applicant need obtain only the written consent of the owner or manager, or other person 24 in charge of the building. 25 (c) Fees; term ofpermit. For all pernuts issued hereunder, the fee sha11 be established by ordinance 26 as provided in section 31 Q.09(b) of the Legislative Code. The term of the permit shall be one (1) year 27 from date of issuance, and the pernut may be renewed from year to year with payment of an 28 additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, 29 upon application to the `' health officer; provided, however, that upon any adverse 30 action or violation of the conditions of the permit or substantial amendment to the pernut application 31 as originally described, a new application, fee and investigation may be required before the granting 32 of a pernut or renewal thereof. 33 (d) Investigation by health officer; may grant permit. The `'' '�`- health 34 officer shall make such investigation as is necessary and may grant, deny or refuse to renew any 35 application for pernut under this chapter. 36 (e) Permit; conditions. If granted, the permit shall be issued by the ��'� �' health officer and 37 sha11 state the conditions, if any, imposed upon the permittee far the keeping of animals under the 38 permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the 39 „" ��� health o�cer deems reasonably necessary to protect any person or neighboring use 40 from unsanitary condirions, unreasonable noise or odors, or annoyance, or to protect the public health 41 and safety. Such pennit may be modified from time to time or revoked by the ``'� F '`� health 42 officer for failure to conform to such restrictions, limitations or prohibitions. Such modificarion or 43 revocation shall be effective from and after ten (10) days following the mailing of written notice 44 thereof by certified mail to the person ar persons keeping or maintainiug such animals. �� Z� 1 ( fl Refusal to graru or renew a permit. The �nt�r` ��`�i� health officer may refuse a permit to keep 2 or maintain animals hereunder for failure to comply with the provisions of this chapter, if the 3 facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions 4 of the pernut aze not met, if a nuisance condition is created, or if the public health and safety would 5 be unreasonably endangered by the granting of such germit 6 (g) Numbers of animals; specie , . The permit shail state the 7 number "�`� of animals which may be maintained on the premises. 8 9 13 f[! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Secrion 5 Section 198.05 of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.05. Rules and regulations; condirions of permits. (a) Rules and regulations. The `�"' �` ' health officer sha11 promulgate rules and regulations prescribing the general condirions, limitarions and prohibitions applicable to the keepnig of annnals or classes of animals under pernuts granted pursuant to the provisions of this chapter. Such rules and regulations, and any amendments thereto, aze effective twenty (20) days after filing with the city clerk. (b) Speczal conditions. The °`�' � health officer may prescribe specific conditions, limitations and prohibitions pertaining to the keeping of particulaz animals under any pernut granted pursuant to the provisions of this chapter as the `'" �` "'` ` ealth 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 safery. Section 6 Section 198.0? of the Saint Paul Legislafive Code is hereby amended to read as follows: Sec.198.07. Enforcement. The � health officer shall enforce the provisions of this chapter. Section 7 This ordinance shall take effect and be in force tivrty (30) days following its passage, approval and publication. �z Zgs P(IRI ICl�IC(t �PR 26 1997 Requested by Departrnentof: � Form A g ved C�ty rney � � By . - �. Approved by Mayor for Submission to Council Certified by Council Approved by Mayor Dat ��� 4 �� � T Adopted by Council: Dat��� q... L. a 40�82 c,n co��n Gerry Stratliman 6-8575 oz-ZS-9� � GREEN SHEET FOA DEPAiiTMEM D1RECiOF cmnrroaNer BUDGEf �IRECTOR MAYOR (OR ASS15TANT) TOTAL # OF SIGNATURE PAGES {CIIP ALl LOCATIONS FOR SIGNATURE) a CRYCOUNCIL � cm c�aK � FIN. $ MGT. SE � INRIAL/DATE Dlfl. An ordinance amending Chapter 198 of the Saint Paul Iegislarive Cale to bring the Chapter up-to-date, improve upon the language and to more accurately reflect tfte current aniwal control environment in the City. _ PLANNING CAMMISSION _ CIVIL SEHVICE _ CIB COMMRTEE _ _ STAFF _ ' _DISiRICTGOURT _, SUPPORTS WHICH CDUNqL OBJECTIVE? PERSONAL SERVICE CON7RACTS MUST ANSWER TNE FOLLOWING QUESTIONS: 1. Has this persoMirm ever worked untler a cont2ct for this depadment? YES NO 2. Has this per5onlfirm ever been a city employee? YES NO 3. Does th7s persoMirm possess a Skill not normalty possessetl by any Current city employee? YES NO Explain all yes answers on aeparote sheet and attaoh to green afieet ISSUE. OPPORTUNITY (Who, WhaC When. Where, Why): Glurent language is out-af-date and refers to the public health inspector from the division of public health and not the environmental health officer or inspector within the Office of Licenses, Tnspec6on and Environmental Ptotection. Alsq the public is currently ailowed to pennanently hazbor surplus animals from Como Zoo without a permit. Ciry Code will accurately reflect that the Office of Licenses, Inspection and Environmental Frotecrion is responsible for ffie control of animals within the City. Also, it will eliminate the exception allowing for the public to keep pertnanendy, and without a pernut, sucplus animals from Como Zoo. Brings the Code up-to-date. None � e��:;a rs; '�.;,,�«��� ���' +w�.,. �,. . �, . ..,. `..i �. � �Jv t The Code will be out-of-date. The public will he allowed to continue the practice of keeping surplus animals from Como Zoo without a percnit. TOTAL AlAOUNT OP TRANSAGTION S COST/REVENUE BUDGETEU (CIRCLE ONE) YES NO FUNOIWG SOURCE ACTtV1TY NUMBER FINANCIAL INFORfnAT10N: (EXPIAIN)