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97-287L L �/�� \] �� : ° ^�,� �� l � AQ.+�LIt � �aL E L d �4d .� { � . e . � 3�\a�q%� �Pa�tg� . ORQINANCE CITY OF SAINT PAUL, MI Presented 3� Referred T�* "' U Committee DatP 1 An ordivauce amending Chapter 200 of the Saint Paul Legislative Code to define the term Environmental 2 Health officer; capitalize Office of License, Inspections and Environmental Protection (LIEP); require a 3 license for service dogs; include vaccination requirements for owners with a lifetnne dog license; insert the 4 word environmental changing the term of health officer to environmental health officer; omitting the term 5 dog wardens and replacing with animal control officer; oxnitting the term seeing eye dogs and replacing with 6 service dog definition; replacing capital I with a lower case i; changing the transfer and notification 7 procedure for an animal identified as dangerous; adding subsection declaring that a court or environmental S health officer may order that a dag must be licensed and up to date on rabies vaccination; adding Sec. 200.17 9 errtifled Collars, leashes, rie outs. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE COUNCIL OF TF� CITY OF SAINT PAUL DOES ORDAIN: Section 1 a Section 200A1 of the Saint Paul Legislarive Code is hereby amended to read as follows: Sec. 200.01. Defmitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean any individual member of any of the species of birds, fish, amphibians, reptiles, insects, aractuuds, crustaceans ar maznmals except homo sapiens. Animal control supervisor shall mean the animal control supervisor of the City of Saint Paul or designee. Dog sha11 mean any male or female of any breed of domesricated dog. �'� '� Health o�cer sha11 mean the pttb�ie �� health serviees � of the City of Saint Paul. Owner shall mean the license holder or any other person or persons, firm, association ar corporation owning, keeping or harboring an animal. Any person keeping or harboring an anunal for five (5) consecufive days shall, for the purposes of this chapter, be deemed to be an owner thereof. Running at large sha11 mean any aniinal which is not either: (1) Effecfively contained within a fenced area on private property; or <2) Effectively restrained, by chain or leash, to private properry with the consent of the properiy owner; or (3} Effectively restraiued by a chain or leash not exceeding six (6) feet in length. Section 2 Council File # ��Z�'� Green Sheet # �UZ� Ordinance # 31 Section 200.02 of the Saint Paul Legislative Code is hereby amended to read as follows: � 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � Sec. 200.02. License required No person shall own, harbor, keep or maintain in the City of Saint Paul any dog over three (3) months of age without a license. Such license shall be auailable for purchase at the Saint Paul Animal Control Facility and at the �(�ffice of �icense, i�nspecfions and�nvironmentalp�rotection (LIEP). Veterinarians who provide a service for dogs may also act as deputy license vendors. Procedures for the issuance of such licenses shall be established by LIEP. Such establishments shall city, nor to dogs brought into the shall be issued a dog license at no charge upon providing proof of certification of tranung as a gui�e s dog. Section 3 Section 200.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.03. Fee. The annual license fees required for each dog, whether it be male or female, spayed or unspayed shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. If the owner of the dog is svYty-two (62) yeazs of age or older, the anuual license fee payable for each dog sha11 be fifry (50) percent less than the standazd fee. A lifetime dog license sha11 be available to those owners who have their dog(s) tagged with a microchip. Fees for such licenses sha11 be established bv ordinance as sbecified in section 310.09 (bl of the Leeislafive Code. Section 4 Secfion 200.07 of the Saint Paul Legislative Code is hereby amended to read as foliows; 27 Sec. 200.07. Impoundment; release. 28 It shall be the duty of the �� health officer or any of his duly authorized assistants, or any 29 peace officer, or any person duly authorized in writing by the � g `� health officer, to 30 capture, seize and deliver to the health officer, or the keeper of a public pound, or to 31 any suitable place to be approved by the �� ' health officer, any dog found n,nning at lazge 32 within the City of Saint Paul contrary to the provisions of this chapter and any dog found within the 33 City of Saint Paul unlicensed or not wearing the metal tag provided for in this chapter in violation 34 of the provisions of this chapter, All dogs conveyed to the dog pound shall be kept, with kind 35 treatrnent and sufficient food and water for their comfort, at least five (5) days after the impounding 36 thereof, unless sooner reclaimed by their owners as herein provided. In case the owner of any dog 37 shall desire to reclaim trim from the dog pound, such dog may be released from the dog pound upon 38 payment by such owner of the sums required by section 200.08. Said payments shall be made to the 39 animal control supervisor, in return for which the owner shall receive from the auiuial control 40 supervisar a receipt showing that the license fee has been paid, and a regulaz license and tag for such be required to inform their clients that the City of Saint Paul requires that all dogs be licensed. A license is required if the dog is owned, harbored, kept or inaiutained for three (3) consecufive days or more, �cept that no license shall be required for dogs whose owners are temporarilp within the ��z�� dog shall be issued upon presentation of such receipt to the license inspec:tor. If the owner of the dog seized or impounded under the provisions of this chapter does not resume possession of said dog by compliance with the foregoing provisions within five (5) days after the seizure or impounding thereof, said owner sha11 forfeit, all right of property in such dog. Section 5 Section 200.09 of the Saint Paul Legislative Code is amended to read as follows: 7 5ec. 200.09. No interference with officer, etc. S It s1�a11 be unlawful for any person to molest or in any way interFere with any peace officer, animal 9 control supervisor, Ramsey County humane officer, park ranger, or any duly authorized assistants, 10 or with any duly authorized agent or any person authorized by the • ��" ;�;, health officer, 11 while engaged in performing work under the provisions of this chagter. 12 13 14 15 16 17 18 19 20 21 22 ►.I�3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 6 Section 200.10 of the Saint Paul Legislative Code is amended to read as follows: Sec. 200.10. Seizure; presumprion. (a) Any unlicensed dog and any dog numing at large is hereby declazed to be a public nuisance. The `' ' health officer is authorized to employ, subject to the approval of the council, such additional temporary d�g-vvardens �„ �� as necessazy to captiue and hold such dogs and to pay temporary r�ag-wmciens �'' �� : x�"�" on a fee basis. (b) Any person may seize, impound or restrain any dog which he may fmd rumung at large in the City of 5aint Paul and hold such dog for the animal control supervisor or deliver such dog to the city pound. Section 7 Section 20011 of the Saint Paul Legislative code is amended to read as follows: Sec. 200.11. Cleaning up litter. (a) The owner of any dog or any person having the custody or control of any dog sha11 be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. (b) It is unlawfiil for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excremettt to a proper receptacle located on the property owned or possessed by such person. (c) It is unlawful for any person in control of, causing or permitting any dog to be on any properry, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on pzoperiy owned or possessed by such person. (d) The provisions of this secrion shall not apply to the ownership or use of se dogs when used in police activifies by the city, or tracking dogs when used by or with the permission of the city. � 1 (e) Any person violating this section shall be punished by a fine of ten dollars ($10.00) or five (5) 2 hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of this 3 section shall be punished by a fine of at least twenty-five dollazs ($25.00) but not more than fifty 4 dollars ($50.00). 5 (fl Any peace officer, animal control officer, park ranger, or any duly authorized assistant, or any 6 duly authorized agent, or any person authorized by the ��e�fal health officer should be 7 responsible for issuing the tags. Section 8 0 10 11 12 13 14 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 43 Section 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.12. Dangerous animals. (a) Attack by an animal. It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily in}ury to any person or other animal whether or not the owner is present. Violation of this section shall be a misdemeanor punishable by a fine not to exceed seven hundred dollazs ($700.00) or imprisonment for not to exceed ninety (90) days, or both. This section shall not apply to an attack by a dog under the control of an on-dury law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criuvual intent. (U) Destruction of dangerous animals. The '�`� health officer shall have the authority to order the destruction of dangerous animals. (c) Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury ar disfigurement to any person on public or private property; or b. Engaged 'an any attack on any person under circumstances which would indicate danger to personal safety; or c. E�ibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous andlor the owner has personal knowledge of the same, ihe animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an aniival which has: a Bitten a human or a domestic animal on public ar private property; or b. When unprovoked, cl�ased or approached a person upon the streets, sidewalks, or any public property in an appazent attitude of attack; or c. Has the lrnown history of propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the auiuial from escaping and to provide protection for the atumal from the elements. A proper enciosure does not include a porch, pafio, or any part of a house, garage, or other shucture that would allow the anunal to eacit of its own volition, or any house or struchxre in which windows aze open ar in which door or window screens are the only barriers which prevent the animal from e�ting. Such enclosure shall not allow the egress of the aniinal in any manner without humau assistance. A pen or kennel sha11 meet the � �'1 following minimum specifications: a. Have a m;n;mum overall floor size of thirty-two (32) square feet. b. Sidewalls shall have a mnumum height of five (5) feet and be constructed of 11- 10 11 12 13 14 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 43 44 45 46 c. � gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one-and-one-quarter-inch or lazger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a mnumum of eighteen (18) inches in the ground. A cover over the entire pen or kennel shall be provided. The cover shali be conshucted of the same gauge w�re or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. An entrancele�rit gate shall be provided and be constructed of the same material as the sidewails and shall also have no opening,s in the wire greater th�w two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked sha11 mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (d) Designation as potentially dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receavutg such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic annnal as stated in subparagraph (c)(2). When an auimal is declazed potentially dangerous, the environmental health officer sha11 cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. (e) Evidence justifying deszgnation. The court or environmental health o�cer shall have the authority to designate any animai as a dangerous animal upon receiving evidence of the following: (1) That such an animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) Tha# such animal has been declared potentially dangerous and such animal has then biuen, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). ( fl Authoriry to order destruction. The court or environmental health officer, upon fmding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the annnal be destroyed based on a written order containing one (1} or more of the following findings of fact: (1) The anunal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without wanvng or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the auimal in order to prevent injury to persons or other animals. (g) Procedure. The court or environmental health officer, after having determined that an aniulal is dangerous, may proceed in the following u�anner: (1) The environmental health officer shall cause one (1) owner ofthe aniinal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, tunes, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the environmental health officer for a review of this deternunation. a. ff no appeal is filed, the orders issued will stand or the environmental health officer may order the animal destroyed. �Z �� `a 0 6 7 9 1Q 11 12 13 14 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 44 41 42 43 44 �2) (3) b. If an owner requests a hearing for detennination as to the dangerous nature of the animal, the hearing shall be held before the environmental health officer, who shall set a daxe for hearing not more than three (3) weeks after demand far said hearing. The records of the office of license, inspections and em�ironmental protection shall be admissible for consideration by the environmental health officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the environmental health officer shall make such order as he/she deems proper. The enviromnental health officer may order that the animai control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall ixnmediately make the animal available to the animal control supervisor and failure to do so shall be a misdemeanor. Nothing in this section shall prevent the environmental health officer from ordering the immediate destruction of a rabies-suspected animal pursuant to section 200.11 of the Saint Paul Legislative Code. Any person who harbors an animal after it has been found by the environmental health officer to be dangerous and ordered into custady for destruction shall be guilty of a misdemeanor. (4) The environmental health officer may apply to the district court of Ramsey County for subpoenas for hearings under paragraph (1)b. above. (h) Stopping an attacl� If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (� Notification of new address. The owner of an anunal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if�the aiumal is to be relocated from its current address or is given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownerslup. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. Section 9 Section 200121 of the Saint Paui Legislative Code is hereby amended as follows: Sec. 200.121. Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not arder the destruction of an animal that has been declazed dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous aui�nal as specified in section 200.12(c)(3);and (2) Post the front and the rear of the premises with clearly visible wainiug signs, including a wanung symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00}; and (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and 0 �� Z�� 2 0 (5) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 aa 23 24 25 26 27 28 29 30 31 32 33 34 restrained by a substantial chain or leash (not to exceed s� (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and If ihe animal is a dog, it must have an easily identifiable, sfiandardized tag identifying the dog as dangarous affixed to the dog's collaz at all times as specified in Minnesota Statute 347.51; and (6) Provides and shows proof of microchip identification as required in section 20016; and ('n All animals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide safisfactory proof thereof to the environmental health officer. � � -, � � . (b) Seizure. Annnal control shall immediately seize any dangerous animal if the owner does not meet each of the above xequirements wittrin fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court. (c) Reclaiming animals. A dangerous animal seized under subsecfion 200.121(b) may be reclaimed by the owner of the atumal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsectaon 200.121(b) is fulfilled. An animal not reclaimed under this section within four[een (14} days may be disposed of as provided under section 200.12( fl, and the owner is liable to animal controi for costs incurred in confiuing fl�e animal. (d) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under section 200.12 with the same animal, the anunal must be seized by annnal control. The owner may request a hearing as defined in section 200.12(fl. If the owner is found to haue violated the provisions for which the animal was seized, the environmental health officer shall order the animal destroyed in a proper and humane manner and the owner sha11 pay the costs of covfu�ing the atumal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of subsection 200.121(c). If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is norified that the animal may be reclaimed, the acumal may be disposed of as provided under section 200.12( fl and the owner is liable to the animal control for the costs incurred in confining, unpounding and disposing of the animal. Section 10 Section 200.13 of the Saint Paul Legislative Code is hereby amended to read as follows: 35 Sec. 20013. Destruction of unclaimed dogs. 36 At the expiration of the time a dog is impounded as provided for in tlus chapter, if said dog has not 3? been reclanned in accordance with the provisions hereof, it sha11 be the duiy of the 38 health officer to cause such dog to be killed according to the most humane and approved methods, 39 or otherwise disposed of, as directed by the '�� health officer. ,� 41 Section 11 Section 200.15 of the Saint Paul Legislative Code is hereby amended to read as follows: 7 � Nt � r; r� a - 3( t 910.7 9 7;2� 2 3 4 5 6 7 8 9 10 11 12 13 14 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 Sec. 200.15. Ma�rimmm �umber of dogs. No more than three (3) dogs of over the age of tluee (3) months shall be kept, hazbored or maintained within any individual dwelling unit ot on any lot or other parcel of property in the city without a permit. T6e number of dogs pernuued above may be increased by obtauung a pemrit issued by the ,��`� health officer . Such pemut shall specify any restrictions, limitations, conditions or prohibitions which the e �� health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such pernut may be modified from fime to time or revoked by the .",��i,��i� health officer for failure to conform to such restrictions, limitauons or prohibitions. 5uch modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Section 12 Section 20Q.16 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.16. Microchip ident�cation required. The owner of a dangerous dog is required to have a microchip installed or injected on the animal. The microchip shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capab]e of provading the identification of the doa s owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the registration of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. ��e!t�-cser_*e!srrar_f� , . . . . . _ . . . . . _ . . . _ No animal identified as dangerous shall be transfened to a new location or new owner without the prior a�proval of the location by citv health officer or �ent. Section 13 Section 200.17 is added to the Saint Paul Legislative Code to read as follows: 0 q^l-�FS"1 i 2 3 Section 14 This ordinauce shall take effect and be in force tUirty (30) days following its passage, approval and publication. d�1R��aurn �i.. . ... , vA.,., wr.,.,.. �,.�e„, Requested by Department of; Blakey Bostrom Hazris ✓ ✓ M Rettman Thune Adopted by Council: by Council . Approved by Mayor: Da �� t�� By� BY . Form ve y i tto y By � 6_� Approved by Mayor for Submission to Council � �=t �s d�l��d UEFAIRMENT/OFFICEK'AUNCIL DATE INITIATED cic 02-25-97 GREEN SHEE CAMACT PERSON & PHONE � DEPAH(MEM �IRE ❑ CITY CAUNdL INRIAllOATE Gerry Sirathman 6-8575 assi�e � cm nrronwer � cm c�arc NUYBERFOP MUST BE ON COUNCIL AGEN�A BY (DAT� ROUTING � BUD6Ef OIRECTOR � FIN. & MGT. SEBVICES DIR. OflOEP O MpvOR (OR ASSISTANT� ❑ TOTAL # OF SIONASURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FiEQUFSTED: An oidinance aznending Chapter 200 of the Saint Paul Legislative Code to bring the Cbapter up-to-date, improve upon the language and to more accurately reflect the current animal control environment in ihe Ciry. Creatcs section 2Q0.17 Collars. leashes, tie outs. RECOMMENDA71oNS: nppmve (A) or Reject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER TXE FOUAWlNG �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has ihis personlfmm ever worked under a�Mract frn tFns departmeM? _ CIB COMMITfEE YES NO _�� 2. Has this perso�rm ever baen a city employee? � . — YES NO _DISTHICTCOUFT _ g �� perv,.onlfirm possess a skill not norma{ly possessetl by airy curreM city employee? SUPPOflTS WHICH CAUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet anO ettaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Wlw, What. Wh¢n, Where, Why): Cutrently, there is no legislation goveming the size, weight or length of collazs, leashes or rie outs for dogs at the Ciry or State level. Some dog owners aze attaching to their dogs collazs, leashes or tie outs of exffeme weight in order to condirion the dog for fighGng. Current legisla5on only requires the notificarion of the environmental health officer of the intent to relocate or sell a dog declazed as dangerous. ADVANTAGES IF APPflOVE�: Creates sflpulations for acceptable and reasonable size, weight and lengths of wllars, leashes and fie outs for dogs. Prevents the relocation or sale of a dog declazed as dangerous without the prior approval of the environmental health officer. Clarifies the position that a lifetime dog license sfill requires regulaz revaccinations of the rabies vaccine. Brings the Code np-to-date. DISADVANTAGESIFAPPqOVE�. pR � � i � ,,, �� '�3iibF3�.� ,.� �"$F None , � �<.�,� , � iv�� ____. _. �..� .�.�.�' DISADVANTAGES IF NOT APPROVED' The Code will be out-of-date. Some dog owners will continue to be subjected their dogs to the ueatment of inappropriate collazs, leashes and tie outs without rehibutioa Individuals with physical or sensory disabilities, other than blindness or deafness, and receive assistance from a service dog will not be able to receive a dog license at no charge. TOTAL AMOUNT OF TRANSACTION § COST/REVENUE BUDGETEp (CItiCLE ONE) YES NO FUNDIIdG SOURCE AC7IVITY NUMBEH FiNANC1Al INFORF5AT10N: (EXPIAIN) L L �/�� \] �� : ° ^�,� �� l � AQ.+�LIt � �aL E L d �4d .� { � . e . � 3�\a�q%� �Pa�tg� . ORQINANCE CITY OF SAINT PAUL, MI Presented 3� Referred T�* "' U Committee DatP 1 An ordivauce amending Chapter 200 of the Saint Paul Legislative Code to define the term Environmental 2 Health officer; capitalize Office of License, Inspections and Environmental Protection (LIEP); require a 3 license for service dogs; include vaccination requirements for owners with a lifetnne dog license; insert the 4 word environmental changing the term of health officer to environmental health officer; omitting the term 5 dog wardens and replacing with animal control officer; oxnitting the term seeing eye dogs and replacing with 6 service dog definition; replacing capital I with a lower case i; changing the transfer and notification 7 procedure for an animal identified as dangerous; adding subsection declaring that a court or environmental S health officer may order that a dag must be licensed and up to date on rabies vaccination; adding Sec. 200.17 9 errtifled Collars, leashes, rie outs. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE COUNCIL OF TF� CITY OF SAINT PAUL DOES ORDAIN: Section 1 a Section 200A1 of the Saint Paul Legislarive Code is hereby amended to read as follows: Sec. 200.01. Defmitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean any individual member of any of the species of birds, fish, amphibians, reptiles, insects, aractuuds, crustaceans ar maznmals except homo sapiens. Animal control supervisor shall mean the animal control supervisor of the City of Saint Paul or designee. Dog sha11 mean any male or female of any breed of domesricated dog. �'� '� Health o�cer sha11 mean the pttb�ie �� health serviees � of the City of Saint Paul. Owner shall mean the license holder or any other person or persons, firm, association ar corporation owning, keeping or harboring an animal. Any person keeping or harboring an anunal for five (5) consecufive days shall, for the purposes of this chapter, be deemed to be an owner thereof. Running at large sha11 mean any aniinal which is not either: (1) Effecfively contained within a fenced area on private property; or <2) Effectively restrained, by chain or leash, to private properry with the consent of the properiy owner; or (3} Effectively restraiued by a chain or leash not exceeding six (6) feet in length. Section 2 Council File # ��Z�'� Green Sheet # �UZ� Ordinance # 31 Section 200.02 of the Saint Paul Legislative Code is hereby amended to read as follows: � 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � Sec. 200.02. License required No person shall own, harbor, keep or maintain in the City of Saint Paul any dog over three (3) months of age without a license. Such license shall be auailable for purchase at the Saint Paul Animal Control Facility and at the �(�ffice of �icense, i�nspecfions and�nvironmentalp�rotection (LIEP). Veterinarians who provide a service for dogs may also act as deputy license vendors. Procedures for the issuance of such licenses shall be established by LIEP. Such establishments shall city, nor to dogs brought into the shall be issued a dog license at no charge upon providing proof of certification of tranung as a gui�e s dog. Section 3 Section 200.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.03. Fee. The annual license fees required for each dog, whether it be male or female, spayed or unspayed shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. If the owner of the dog is svYty-two (62) yeazs of age or older, the anuual license fee payable for each dog sha11 be fifry (50) percent less than the standazd fee. A lifetime dog license sha11 be available to those owners who have their dog(s) tagged with a microchip. Fees for such licenses sha11 be established bv ordinance as sbecified in section 310.09 (bl of the Leeislafive Code. Section 4 Secfion 200.07 of the Saint Paul Legislative Code is hereby amended to read as foliows; 27 Sec. 200.07. Impoundment; release. 28 It shall be the duty of the �� health officer or any of his duly authorized assistants, or any 29 peace officer, or any person duly authorized in writing by the � g `� health officer, to 30 capture, seize and deliver to the health officer, or the keeper of a public pound, or to 31 any suitable place to be approved by the �� ' health officer, any dog found n,nning at lazge 32 within the City of Saint Paul contrary to the provisions of this chapter and any dog found within the 33 City of Saint Paul unlicensed or not wearing the metal tag provided for in this chapter in violation 34 of the provisions of this chapter, All dogs conveyed to the dog pound shall be kept, with kind 35 treatrnent and sufficient food and water for their comfort, at least five (5) days after the impounding 36 thereof, unless sooner reclaimed by their owners as herein provided. In case the owner of any dog 37 shall desire to reclaim trim from the dog pound, such dog may be released from the dog pound upon 38 payment by such owner of the sums required by section 200.08. Said payments shall be made to the 39 animal control supervisor, in return for which the owner shall receive from the auiuial control 40 supervisar a receipt showing that the license fee has been paid, and a regulaz license and tag for such be required to inform their clients that the City of Saint Paul requires that all dogs be licensed. A license is required if the dog is owned, harbored, kept or inaiutained for three (3) consecufive days or more, �cept that no license shall be required for dogs whose owners are temporarilp within the ��z�� dog shall be issued upon presentation of such receipt to the license inspec:tor. If the owner of the dog seized or impounded under the provisions of this chapter does not resume possession of said dog by compliance with the foregoing provisions within five (5) days after the seizure or impounding thereof, said owner sha11 forfeit, all right of property in such dog. Section 5 Section 200.09 of the Saint Paul Legislative Code is amended to read as follows: 7 5ec. 200.09. No interference with officer, etc. S It s1�a11 be unlawful for any person to molest or in any way interFere with any peace officer, animal 9 control supervisor, Ramsey County humane officer, park ranger, or any duly authorized assistants, 10 or with any duly authorized agent or any person authorized by the • ��" ;�;, health officer, 11 while engaged in performing work under the provisions of this chagter. 12 13 14 15 16 17 18 19 20 21 22 ►.I�3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 6 Section 200.10 of the Saint Paul Legislative Code is amended to read as follows: Sec. 200.10. Seizure; presumprion. (a) Any unlicensed dog and any dog numing at large is hereby declazed to be a public nuisance. The `' ' health officer is authorized to employ, subject to the approval of the council, such additional temporary d�g-vvardens �„ �� as necessazy to captiue and hold such dogs and to pay temporary r�ag-wmciens �'' �� : x�"�" on a fee basis. (b) Any person may seize, impound or restrain any dog which he may fmd rumung at large in the City of 5aint Paul and hold such dog for the animal control supervisor or deliver such dog to the city pound. Section 7 Section 20011 of the Saint Paul Legislative code is amended to read as follows: Sec. 200.11. Cleaning up litter. (a) The owner of any dog or any person having the custody or control of any dog sha11 be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. (b) It is unlawfiil for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excremettt to a proper receptacle located on the property owned or possessed by such person. (c) It is unlawful for any person in control of, causing or permitting any dog to be on any properry, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on pzoperiy owned or possessed by such person. (d) The provisions of this secrion shall not apply to the ownership or use of se dogs when used in police activifies by the city, or tracking dogs when used by or with the permission of the city. � 1 (e) Any person violating this section shall be punished by a fine of ten dollars ($10.00) or five (5) 2 hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of this 3 section shall be punished by a fine of at least twenty-five dollazs ($25.00) but not more than fifty 4 dollars ($50.00). 5 (fl Any peace officer, animal control officer, park ranger, or any duly authorized assistant, or any 6 duly authorized agent, or any person authorized by the ��e�fal health officer should be 7 responsible for issuing the tags. Section 8 0 10 11 12 13 14 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 43 Section 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.12. Dangerous animals. (a) Attack by an animal. It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily in}ury to any person or other animal whether or not the owner is present. Violation of this section shall be a misdemeanor punishable by a fine not to exceed seven hundred dollazs ($700.00) or imprisonment for not to exceed ninety (90) days, or both. This section shall not apply to an attack by a dog under the control of an on-dury law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criuvual intent. (U) Destruction of dangerous animals. The '�`� health officer shall have the authority to order the destruction of dangerous animals. (c) Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury ar disfigurement to any person on public or private property; or b. Engaged 'an any attack on any person under circumstances which would indicate danger to personal safety; or c. E�ibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous andlor the owner has personal knowledge of the same, ihe animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an aniival which has: a Bitten a human or a domestic animal on public ar private property; or b. When unprovoked, cl�ased or approached a person upon the streets, sidewalks, or any public property in an appazent attitude of attack; or c. Has the lrnown history of propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the auiuial from escaping and to provide protection for the atumal from the elements. A proper enciosure does not include a porch, pafio, or any part of a house, garage, or other shucture that would allow the anunal to eacit of its own volition, or any house or struchxre in which windows aze open ar in which door or window screens are the only barriers which prevent the animal from e�ting. Such enclosure shall not allow the egress of the aniinal in any manner without humau assistance. A pen or kennel sha11 meet the � �'1 following minimum specifications: a. Have a m;n;mum overall floor size of thirty-two (32) square feet. b. Sidewalls shall have a mnumum height of five (5) feet and be constructed of 11- 10 11 12 13 14 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 43 44 45 46 c. � gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one-and-one-quarter-inch or lazger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a mnumum of eighteen (18) inches in the ground. A cover over the entire pen or kennel shall be provided. The cover shali be conshucted of the same gauge w�re or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. An entrancele�rit gate shall be provided and be constructed of the same material as the sidewails and shall also have no opening,s in the wire greater th�w two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked sha11 mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (d) Designation as potentially dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receavutg such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic annnal as stated in subparagraph (c)(2). When an auimal is declazed potentially dangerous, the environmental health officer sha11 cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. (e) Evidence justifying deszgnation. The court or environmental health o�cer shall have the authority to designate any animai as a dangerous animal upon receiving evidence of the following: (1) That such an animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) Tha# such animal has been declared potentially dangerous and such animal has then biuen, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). ( fl Authoriry to order destruction. The court or environmental health officer, upon fmding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the annnal be destroyed based on a written order containing one (1} or more of the following findings of fact: (1) The anunal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without wanvng or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the auimal in order to prevent injury to persons or other animals. (g) Procedure. The court or environmental health officer, after having determined that an aniulal is dangerous, may proceed in the following u�anner: (1) The environmental health officer shall cause one (1) owner ofthe aniinal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, tunes, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the environmental health officer for a review of this deternunation. a. ff no appeal is filed, the orders issued will stand or the environmental health officer may order the animal destroyed. �Z �� `a 0 6 7 9 1Q 11 12 13 14 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 44 41 42 43 44 �2) (3) b. If an owner requests a hearing for detennination as to the dangerous nature of the animal, the hearing shall be held before the environmental health officer, who shall set a daxe for hearing not more than three (3) weeks after demand far said hearing. The records of the office of license, inspections and em�ironmental protection shall be admissible for consideration by the environmental health officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the environmental health officer shall make such order as he/she deems proper. The enviromnental health officer may order that the animai control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall ixnmediately make the animal available to the animal control supervisor and failure to do so shall be a misdemeanor. Nothing in this section shall prevent the environmental health officer from ordering the immediate destruction of a rabies-suspected animal pursuant to section 200.11 of the Saint Paul Legislative Code. Any person who harbors an animal after it has been found by the environmental health officer to be dangerous and ordered into custady for destruction shall be guilty of a misdemeanor. (4) The environmental health officer may apply to the district court of Ramsey County for subpoenas for hearings under paragraph (1)b. above. (h) Stopping an attacl� If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (� Notification of new address. The owner of an anunal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if�the aiumal is to be relocated from its current address or is given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownerslup. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. Section 9 Section 200121 of the Saint Paui Legislative Code is hereby amended as follows: Sec. 200.121. Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not arder the destruction of an animal that has been declazed dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous aui�nal as specified in section 200.12(c)(3);and (2) Post the front and the rear of the premises with clearly visible wainiug signs, including a wanung symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00}; and (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and 0 �� Z�� 2 0 (5) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 aa 23 24 25 26 27 28 29 30 31 32 33 34 restrained by a substantial chain or leash (not to exceed s� (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and If ihe animal is a dog, it must have an easily identifiable, sfiandardized tag identifying the dog as dangarous affixed to the dog's collaz at all times as specified in Minnesota Statute 347.51; and (6) Provides and shows proof of microchip identification as required in section 20016; and ('n All animals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide safisfactory proof thereof to the environmental health officer. � � -, � � . (b) Seizure. Annnal control shall immediately seize any dangerous animal if the owner does not meet each of the above xequirements wittrin fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court. (c) Reclaiming animals. A dangerous animal seized under subsecfion 200.121(b) may be reclaimed by the owner of the atumal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsectaon 200.121(b) is fulfilled. An animal not reclaimed under this section within four[een (14} days may be disposed of as provided under section 200.12( fl, and the owner is liable to animal controi for costs incurred in confiuing fl�e animal. (d) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under section 200.12 with the same animal, the anunal must be seized by annnal control. The owner may request a hearing as defined in section 200.12(fl. If the owner is found to haue violated the provisions for which the animal was seized, the environmental health officer shall order the animal destroyed in a proper and humane manner and the owner sha11 pay the costs of covfu�ing the atumal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of subsection 200.121(c). If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is norified that the animal may be reclaimed, the acumal may be disposed of as provided under section 200.12( fl and the owner is liable to the animal control for the costs incurred in confining, unpounding and disposing of the animal. Section 10 Section 200.13 of the Saint Paul Legislative Code is hereby amended to read as follows: 35 Sec. 20013. Destruction of unclaimed dogs. 36 At the expiration of the time a dog is impounded as provided for in tlus chapter, if said dog has not 3? been reclanned in accordance with the provisions hereof, it sha11 be the duiy of the 38 health officer to cause such dog to be killed according to the most humane and approved methods, 39 or otherwise disposed of, as directed by the '�� health officer. ,� 41 Section 11 Section 200.15 of the Saint Paul Legislative Code is hereby amended to read as follows: 7 � Nt � r; r� a - 3( t 910.7 9 7;2� 2 3 4 5 6 7 8 9 10 11 12 13 14 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 Sec. 200.15. Ma�rimmm �umber of dogs. No more than three (3) dogs of over the age of tluee (3) months shall be kept, hazbored or maintained within any individual dwelling unit ot on any lot or other parcel of property in the city without a permit. T6e number of dogs pernuued above may be increased by obtauung a pemrit issued by the ,��`� health officer . Such pemut shall specify any restrictions, limitations, conditions or prohibitions which the e �� health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such pernut may be modified from fime to time or revoked by the .",��i,��i� health officer for failure to conform to such restrictions, limitauons or prohibitions. 5uch modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Section 12 Section 20Q.16 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.16. Microchip ident�cation required. The owner of a dangerous dog is required to have a microchip installed or injected on the animal. The microchip shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capab]e of provading the identification of the doa s owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the registration of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. ��e!t�-cser_*e!srrar_f� , . . . . . _ . . . . . _ . . . _ No animal identified as dangerous shall be transfened to a new location or new owner without the prior a�proval of the location by citv health officer or �ent. Section 13 Section 200.17 is added to the Saint Paul Legislative Code to read as follows: 0 q^l-�FS"1 i 2 3 Section 14 This ordinauce shall take effect and be in force tUirty (30) days following its passage, approval and publication. d�1R��aurn �i.. . ... , vA.,., wr.,.,.. �,.�e„, Requested by Department of; Blakey Bostrom Hazris ✓ ✓ M Rettman Thune Adopted by Council: by Council . Approved by Mayor: Da �� t�� By� BY . Form ve y i tto y By � 6_� Approved by Mayor for Submission to Council � �=t �s d�l��d UEFAIRMENT/OFFICEK'AUNCIL DATE INITIATED cic 02-25-97 GREEN SHEE CAMACT PERSON & PHONE � DEPAH(MEM �IRE ❑ CITY CAUNdL INRIAllOATE Gerry Sirathman 6-8575 assi�e � cm nrronwer � cm c�arc NUYBERFOP MUST BE ON COUNCIL AGEN�A BY (DAT� ROUTING � BUD6Ef OIRECTOR � FIN. & MGT. SEBVICES DIR. OflOEP O MpvOR (OR ASSISTANT� ❑ TOTAL # OF SIONASURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FiEQUFSTED: An oidinance aznending Chapter 200 of the Saint Paul Legislative Code to bring the Cbapter up-to-date, improve upon the language and to more accurately reflect the current animal control environment in ihe Ciry. Creatcs section 2Q0.17 Collars. leashes, tie outs. RECOMMENDA71oNS: nppmve (A) or Reject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER TXE FOUAWlNG �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has ihis personlfmm ever worked under a�Mract frn tFns departmeM? _ CIB COMMITfEE YES NO _�� 2. Has this perso�rm ever baen a city employee? � . — YES NO _DISTHICTCOUFT _ g �� perv,.onlfirm possess a skill not norma{ly possessetl by airy curreM city employee? SUPPOflTS WHICH CAUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet anO ettaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Wlw, What. Wh¢n, Where, Why): Cutrently, there is no legislation goveming the size, weight or length of collazs, leashes or rie outs for dogs at the Ciry or State level. Some dog owners aze attaching to their dogs collazs, leashes or tie outs of exffeme weight in order to condirion the dog for fighGng. Current legisla5on only requires the notificarion of the environmental health officer of the intent to relocate or sell a dog declazed as dangerous. ADVANTAGES IF APPflOVE�: Creates sflpulations for acceptable and reasonable size, weight and lengths of wllars, leashes and fie outs for dogs. Prevents the relocation or sale of a dog declazed as dangerous without the prior approval of the environmental health officer. Clarifies the position that a lifetime dog license sfill requires regulaz revaccinations of the rabies vaccine. Brings the Code np-to-date. DISADVANTAGESIFAPPqOVE�. pR � � i � ,,, �� '�3iibF3�.� ,.� �"$F None , � �<.�,� , � iv�� ____. _. �..� .�.�.�' DISADVANTAGES IF NOT APPROVED' The Code will be out-of-date. Some dog owners will continue to be subjected their dogs to the ueatment of inappropriate collazs, leashes and tie outs without rehibutioa Individuals with physical or sensory disabilities, other than blindness or deafness, and receive assistance from a service dog will not be able to receive a dog license at no charge. TOTAL AMOUNT OF TRANSACTION § COST/REVENUE BUDGETEp (CItiCLE ONE) YES NO FUNDIIdG SOURCE AC7IVITY NUMBEH FiNANC1Al INFORF5AT10N: (EXPIAIN) L L �/�� \] �� : ° ^�,� �� l � AQ.+�LIt � �aL E L d �4d .� { � . e . � 3�\a�q%� �Pa�tg� . ORQINANCE CITY OF SAINT PAUL, MI Presented 3� Referred T�* "' U Committee DatP 1 An ordivauce amending Chapter 200 of the Saint Paul Legislative Code to define the term Environmental 2 Health officer; capitalize Office of License, Inspections and Environmental Protection (LIEP); require a 3 license for service dogs; include vaccination requirements for owners with a lifetnne dog license; insert the 4 word environmental changing the term of health officer to environmental health officer; omitting the term 5 dog wardens and replacing with animal control officer; oxnitting the term seeing eye dogs and replacing with 6 service dog definition; replacing capital I with a lower case i; changing the transfer and notification 7 procedure for an animal identified as dangerous; adding subsection declaring that a court or environmental S health officer may order that a dag must be licensed and up to date on rabies vaccination; adding Sec. 200.17 9 errtifled Collars, leashes, rie outs. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE COUNCIL OF TF� CITY OF SAINT PAUL DOES ORDAIN: Section 1 a Section 200A1 of the Saint Paul Legislarive Code is hereby amended to read as follows: Sec. 200.01. Defmitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean any individual member of any of the species of birds, fish, amphibians, reptiles, insects, aractuuds, crustaceans ar maznmals except homo sapiens. Animal control supervisor shall mean the animal control supervisor of the City of Saint Paul or designee. Dog sha11 mean any male or female of any breed of domesricated dog. �'� '� Health o�cer sha11 mean the pttb�ie �� health serviees � of the City of Saint Paul. Owner shall mean the license holder or any other person or persons, firm, association ar corporation owning, keeping or harboring an animal. Any person keeping or harboring an anunal for five (5) consecufive days shall, for the purposes of this chapter, be deemed to be an owner thereof. Running at large sha11 mean any aniinal which is not either: (1) Effecfively contained within a fenced area on private property; or <2) Effectively restrained, by chain or leash, to private properry with the consent of the properiy owner; or (3} Effectively restraiued by a chain or leash not exceeding six (6) feet in length. Section 2 Council File # ��Z�'� Green Sheet # �UZ� Ordinance # 31 Section 200.02 of the Saint Paul Legislative Code is hereby amended to read as follows: � 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � Sec. 200.02. License required No person shall own, harbor, keep or maintain in the City of Saint Paul any dog over three (3) months of age without a license. Such license shall be auailable for purchase at the Saint Paul Animal Control Facility and at the �(�ffice of �icense, i�nspecfions and�nvironmentalp�rotection (LIEP). Veterinarians who provide a service for dogs may also act as deputy license vendors. Procedures for the issuance of such licenses shall be established by LIEP. Such establishments shall city, nor to dogs brought into the shall be issued a dog license at no charge upon providing proof of certification of tranung as a gui�e s dog. Section 3 Section 200.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.03. Fee. The annual license fees required for each dog, whether it be male or female, spayed or unspayed shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. If the owner of the dog is svYty-two (62) yeazs of age or older, the anuual license fee payable for each dog sha11 be fifry (50) percent less than the standazd fee. A lifetime dog license sha11 be available to those owners who have their dog(s) tagged with a microchip. Fees for such licenses sha11 be established bv ordinance as sbecified in section 310.09 (bl of the Leeislafive Code. Section 4 Secfion 200.07 of the Saint Paul Legislative Code is hereby amended to read as foliows; 27 Sec. 200.07. Impoundment; release. 28 It shall be the duty of the �� health officer or any of his duly authorized assistants, or any 29 peace officer, or any person duly authorized in writing by the � g `� health officer, to 30 capture, seize and deliver to the health officer, or the keeper of a public pound, or to 31 any suitable place to be approved by the �� ' health officer, any dog found n,nning at lazge 32 within the City of Saint Paul contrary to the provisions of this chapter and any dog found within the 33 City of Saint Paul unlicensed or not wearing the metal tag provided for in this chapter in violation 34 of the provisions of this chapter, All dogs conveyed to the dog pound shall be kept, with kind 35 treatrnent and sufficient food and water for their comfort, at least five (5) days after the impounding 36 thereof, unless sooner reclaimed by their owners as herein provided. In case the owner of any dog 37 shall desire to reclaim trim from the dog pound, such dog may be released from the dog pound upon 38 payment by such owner of the sums required by section 200.08. Said payments shall be made to the 39 animal control supervisor, in return for which the owner shall receive from the auiuial control 40 supervisar a receipt showing that the license fee has been paid, and a regulaz license and tag for such be required to inform their clients that the City of Saint Paul requires that all dogs be licensed. A license is required if the dog is owned, harbored, kept or inaiutained for three (3) consecufive days or more, �cept that no license shall be required for dogs whose owners are temporarilp within the ��z�� dog shall be issued upon presentation of such receipt to the license inspec:tor. If the owner of the dog seized or impounded under the provisions of this chapter does not resume possession of said dog by compliance with the foregoing provisions within five (5) days after the seizure or impounding thereof, said owner sha11 forfeit, all right of property in such dog. Section 5 Section 200.09 of the Saint Paul Legislative Code is amended to read as follows: 7 5ec. 200.09. No interference with officer, etc. S It s1�a11 be unlawful for any person to molest or in any way interFere with any peace officer, animal 9 control supervisor, Ramsey County humane officer, park ranger, or any duly authorized assistants, 10 or with any duly authorized agent or any person authorized by the • ��" ;�;, health officer, 11 while engaged in performing work under the provisions of this chagter. 12 13 14 15 16 17 18 19 20 21 22 ►.I�3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 6 Section 200.10 of the Saint Paul Legislative Code is amended to read as follows: Sec. 200.10. Seizure; presumprion. (a) Any unlicensed dog and any dog numing at large is hereby declazed to be a public nuisance. The `' ' health officer is authorized to employ, subject to the approval of the council, such additional temporary d�g-vvardens �„ �� as necessazy to captiue and hold such dogs and to pay temporary r�ag-wmciens �'' �� : x�"�" on a fee basis. (b) Any person may seize, impound or restrain any dog which he may fmd rumung at large in the City of 5aint Paul and hold such dog for the animal control supervisor or deliver such dog to the city pound. Section 7 Section 20011 of the Saint Paul Legislative code is amended to read as follows: Sec. 200.11. Cleaning up litter. (a) The owner of any dog or any person having the custody or control of any dog sha11 be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. (b) It is unlawfiil for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excremettt to a proper receptacle located on the property owned or possessed by such person. (c) It is unlawful for any person in control of, causing or permitting any dog to be on any properry, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on pzoperiy owned or possessed by such person. (d) The provisions of this secrion shall not apply to the ownership or use of se dogs when used in police activifies by the city, or tracking dogs when used by or with the permission of the city. � 1 (e) Any person violating this section shall be punished by a fine of ten dollars ($10.00) or five (5) 2 hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of this 3 section shall be punished by a fine of at least twenty-five dollazs ($25.00) but not more than fifty 4 dollars ($50.00). 5 (fl Any peace officer, animal control officer, park ranger, or any duly authorized assistant, or any 6 duly authorized agent, or any person authorized by the ��e�fal health officer should be 7 responsible for issuing the tags. Section 8 0 10 11 12 13 14 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 43 Section 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.12. Dangerous animals. (a) Attack by an animal. It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily in}ury to any person or other animal whether or not the owner is present. Violation of this section shall be a misdemeanor punishable by a fine not to exceed seven hundred dollazs ($700.00) or imprisonment for not to exceed ninety (90) days, or both. This section shall not apply to an attack by a dog under the control of an on-dury law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criuvual intent. (U) Destruction of dangerous animals. The '�`� health officer shall have the authority to order the destruction of dangerous animals. (c) Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury ar disfigurement to any person on public or private property; or b. Engaged 'an any attack on any person under circumstances which would indicate danger to personal safety; or c. E�ibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous andlor the owner has personal knowledge of the same, ihe animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an aniival which has: a Bitten a human or a domestic animal on public ar private property; or b. When unprovoked, cl�ased or approached a person upon the streets, sidewalks, or any public property in an appazent attitude of attack; or c. Has the lrnown history of propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the auiuial from escaping and to provide protection for the atumal from the elements. A proper enciosure does not include a porch, pafio, or any part of a house, garage, or other shucture that would allow the anunal to eacit of its own volition, or any house or struchxre in which windows aze open ar in which door or window screens are the only barriers which prevent the animal from e�ting. Such enclosure shall not allow the egress of the aniinal in any manner without humau assistance. A pen or kennel sha11 meet the � �'1 following minimum specifications: a. Have a m;n;mum overall floor size of thirty-two (32) square feet. b. Sidewalls shall have a mnumum height of five (5) feet and be constructed of 11- 10 11 12 13 14 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 43 44 45 46 c. � gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one-and-one-quarter-inch or lazger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a mnumum of eighteen (18) inches in the ground. A cover over the entire pen or kennel shall be provided. The cover shali be conshucted of the same gauge w�re or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. An entrancele�rit gate shall be provided and be constructed of the same material as the sidewails and shall also have no opening,s in the wire greater th�w two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked sha11 mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (d) Designation as potentially dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receavutg such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic annnal as stated in subparagraph (c)(2). When an auimal is declazed potentially dangerous, the environmental health officer sha11 cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. (e) Evidence justifying deszgnation. The court or environmental health o�cer shall have the authority to designate any animai as a dangerous animal upon receiving evidence of the following: (1) That such an animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) Tha# such animal has been declared potentially dangerous and such animal has then biuen, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). ( fl Authoriry to order destruction. The court or environmental health officer, upon fmding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the annnal be destroyed based on a written order containing one (1} or more of the following findings of fact: (1) The anunal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without wanvng or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the auimal in order to prevent injury to persons or other animals. (g) Procedure. The court or environmental health officer, after having determined that an aniulal is dangerous, may proceed in the following u�anner: (1) The environmental health officer shall cause one (1) owner ofthe aniinal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, tunes, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the environmental health officer for a review of this deternunation. a. ff no appeal is filed, the orders issued will stand or the environmental health officer may order the animal destroyed. �Z �� `a 0 6 7 9 1Q 11 12 13 14 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 44 41 42 43 44 �2) (3) b. If an owner requests a hearing for detennination as to the dangerous nature of the animal, the hearing shall be held before the environmental health officer, who shall set a daxe for hearing not more than three (3) weeks after demand far said hearing. The records of the office of license, inspections and em�ironmental protection shall be admissible for consideration by the environmental health officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the environmental health officer shall make such order as he/she deems proper. The enviromnental health officer may order that the animai control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall ixnmediately make the animal available to the animal control supervisor and failure to do so shall be a misdemeanor. Nothing in this section shall prevent the environmental health officer from ordering the immediate destruction of a rabies-suspected animal pursuant to section 200.11 of the Saint Paul Legislative Code. Any person who harbors an animal after it has been found by the environmental health officer to be dangerous and ordered into custady for destruction shall be guilty of a misdemeanor. (4) The environmental health officer may apply to the district court of Ramsey County for subpoenas for hearings under paragraph (1)b. above. (h) Stopping an attacl� If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (� Notification of new address. The owner of an anunal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if�the aiumal is to be relocated from its current address or is given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownerslup. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. Section 9 Section 200121 of the Saint Paui Legislative Code is hereby amended as follows: Sec. 200.121. Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not arder the destruction of an animal that has been declazed dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous aui�nal as specified in section 200.12(c)(3);and (2) Post the front and the rear of the premises with clearly visible wainiug signs, including a wanung symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00}; and (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and 0 �� Z�� 2 0 (5) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 aa 23 24 25 26 27 28 29 30 31 32 33 34 restrained by a substantial chain or leash (not to exceed s� (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and If ihe animal is a dog, it must have an easily identifiable, sfiandardized tag identifying the dog as dangarous affixed to the dog's collaz at all times as specified in Minnesota Statute 347.51; and (6) Provides and shows proof of microchip identification as required in section 20016; and ('n All animals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide safisfactory proof thereof to the environmental health officer. � � -, � � . (b) Seizure. Annnal control shall immediately seize any dangerous animal if the owner does not meet each of the above xequirements wittrin fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court. (c) Reclaiming animals. A dangerous animal seized under subsecfion 200.121(b) may be reclaimed by the owner of the atumal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsectaon 200.121(b) is fulfilled. An animal not reclaimed under this section within four[een (14} days may be disposed of as provided under section 200.12( fl, and the owner is liable to animal controi for costs incurred in confiuing fl�e animal. (d) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under section 200.12 with the same animal, the anunal must be seized by annnal control. The owner may request a hearing as defined in section 200.12(fl. If the owner is found to haue violated the provisions for which the animal was seized, the environmental health officer shall order the animal destroyed in a proper and humane manner and the owner sha11 pay the costs of covfu�ing the atumal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of subsection 200.121(c). If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is norified that the animal may be reclaimed, the acumal may be disposed of as provided under section 200.12( fl and the owner is liable to the animal control for the costs incurred in confining, unpounding and disposing of the animal. Section 10 Section 200.13 of the Saint Paul Legislative Code is hereby amended to read as follows: 35 Sec. 20013. Destruction of unclaimed dogs. 36 At the expiration of the time a dog is impounded as provided for in tlus chapter, if said dog has not 3? been reclanned in accordance with the provisions hereof, it sha11 be the duiy of the 38 health officer to cause such dog to be killed according to the most humane and approved methods, 39 or otherwise disposed of, as directed by the '�� health officer. ,� 41 Section 11 Section 200.15 of the Saint Paul Legislative Code is hereby amended to read as follows: 7 � Nt � r; r� a - 3( t 910.7 9 7;2� 2 3 4 5 6 7 8 9 10 11 12 13 14 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 Sec. 200.15. Ma�rimmm �umber of dogs. No more than three (3) dogs of over the age of tluee (3) months shall be kept, hazbored or maintained within any individual dwelling unit ot on any lot or other parcel of property in the city without a permit. T6e number of dogs pernuued above may be increased by obtauung a pemrit issued by the ,��`� health officer . Such pemut shall specify any restrictions, limitations, conditions or prohibitions which the e �� health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such pernut may be modified from fime to time or revoked by the .",��i,��i� health officer for failure to conform to such restrictions, limitauons or prohibitions. 5uch modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Section 12 Section 20Q.16 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 200.16. Microchip ident�cation required. The owner of a dangerous dog is required to have a microchip installed or injected on the animal. The microchip shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capab]e of provading the identification of the doa s owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the registration of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. ��e!t�-cser_*e!srrar_f� , . . . . . _ . . . . . _ . . . _ No animal identified as dangerous shall be transfened to a new location or new owner without the prior a�proval of the location by citv health officer or �ent. Section 13 Section 200.17 is added to the Saint Paul Legislative Code to read as follows: 0 q^l-�FS"1 i 2 3 Section 14 This ordinauce shall take effect and be in force tUirty (30) days following its passage, approval and publication. d�1R��aurn �i.. . ... , vA.,., wr.,.,.. �,.�e„, Requested by Department of; Blakey Bostrom Hazris ✓ ✓ M Rettman Thune Adopted by Council: by Council . Approved by Mayor: Da �� t�� By� BY . Form ve y i tto y By � 6_� Approved by Mayor for Submission to Council � �=t �s d�l��d UEFAIRMENT/OFFICEK'AUNCIL DATE INITIATED cic 02-25-97 GREEN SHEE CAMACT PERSON & PHONE � DEPAH(MEM �IRE ❑ CITY CAUNdL INRIAllOATE Gerry Sirathman 6-8575 assi�e � cm nrronwer � cm c�arc NUYBERFOP MUST BE ON COUNCIL AGEN�A BY (DAT� ROUTING � BUD6Ef OIRECTOR � FIN. & MGT. SEBVICES DIR. OflOEP O MpvOR (OR ASSISTANT� ❑ TOTAL # OF SIONASURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FiEQUFSTED: An oidinance aznending Chapter 200 of the Saint Paul Legislative Code to bring the Cbapter up-to-date, improve upon the language and to more accurately reflect the current animal control environment in ihe Ciry. Creatcs section 2Q0.17 Collars. leashes, tie outs. RECOMMENDA71oNS: nppmve (A) or Reject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER TXE FOUAWlNG �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has ihis personlfmm ever worked under a�Mract frn tFns departmeM? _ CIB COMMITfEE YES NO _�� 2. Has this perso�rm ever baen a city employee? � . — YES NO _DISTHICTCOUFT _ g �� perv,.onlfirm possess a skill not norma{ly possessetl by airy curreM city employee? SUPPOflTS WHICH CAUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet anO ettaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Wlw, What. Wh¢n, Where, Why): Cutrently, there is no legislation goveming the size, weight or length of collazs, leashes or rie outs for dogs at the Ciry or State level. Some dog owners aze attaching to their dogs collazs, leashes or tie outs of exffeme weight in order to condirion the dog for fighGng. Current legisla5on only requires the notificarion of the environmental health officer of the intent to relocate or sell a dog declazed as dangerous. ADVANTAGES IF APPflOVE�: Creates sflpulations for acceptable and reasonable size, weight and lengths of wllars, leashes and fie outs for dogs. Prevents the relocation or sale of a dog declazed as dangerous without the prior approval of the environmental health officer. Clarifies the position that a lifetime dog license sfill requires regulaz revaccinations of the rabies vaccine. Brings the Code np-to-date. DISADVANTAGESIFAPPqOVE�. pR � � i � ,,, �� '�3iibF3�.� ,.� �"$F None , � �<.�,� , � iv�� ____. _. �..� .�.�.�' DISADVANTAGES IF NOT APPROVED' The Code will be out-of-date. Some dog owners will continue to be subjected their dogs to the ueatment of inappropriate collazs, leashes and tie outs without rehibutioa Individuals with physical or sensory disabilities, other than blindness or deafness, and receive assistance from a service dog will not be able to receive a dog license at no charge. TOTAL AMOUNT OF TRANSACTION § COST/REVENUE BUDGETEp (CItiCLE ONE) YES NO FUNDIIdG SOURCE AC7IVITY NUMBEH FiNANC1Al INFORF5AT10N: (EXPIAIN)