03-440ORIGIf�AL
°� �3 S i� 1 1�U �� �' Mq �'` a 00� Council File # �'3 ��{�10
a Ordinance #
GreenSheet# j "��35D�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
1 An ordinance amending Saint Paul Legislative Code Chapter 200
2 to impose administrative penalties for dogs which repeatedly run at
3 lazge, to provide a method for destruction for dogs declared to be a
4 nuisance, and to provi@e incentives for having dogs neutered or
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spayed.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 200.02 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 200.02. License required.
(a) No person shall own, harbor, keep or maintain in the city any dog over three (3) months
of age without a license. A license is required if the dog is owned, hazbored, kept or
maintained for three (3) consecutive days or more, except that no license shall be required
for dogs whose owners are temporarily within the city, nor to dogs brought into the city
for the purpose of participating in any dog show.
. . Any properly
identified service dog which aids persons who are totally or partially blind or deaf, or
have physical or sensory disabilities, shall be issued a dog license at no charge upon
providing proof of certification of training as a service dog. No license shail be issued to
any person under the age of eighteen (18). A minor who owns a dog in the city must have
the dog license issued in the name of a parent or guardian on his/her behalf.
(b) New and renewal �applications for licenses shall require the owner, in addition to any
other information required by the animal contxol supervisor, to supply the name, age,
breed, sex, color and mazkings, proof as to whether the animal has 6een s�ayed or
neutered and proof of up-to-date rabies vaccination shots, if any, of each dog sought to
be licensed. Proof of rabies vaccination shots mav be in the form of a certificate siened
bv the administerinQ veterinarian or verbal confirmation bkthe veterinarian that rabies
shots have been aiven. In addition, the owner shall be required to provide information on
whether the animal has been declazed dangerous or potentially dangerous in any other
municipality. If the owner has been convicted of a violation of section 200.10, relative to
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the dog sought to be licensed, the application shali require proof of public liability ��� �,�
JUN 23 �
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� !(�( t�
I l� I �� �s�rance in the minimum amount of three hundred thousand dollars ($300,000.00). 6� ���O
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(c) Licenses shall be available for purchase at the city animal control faciliry and at the office
of license, inspections and environmental protection (LIEP). Veterinarians, pet shops,
animal facilities and pet grooming facilities 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 be required to inform their clients that the
city requires that all dogs be licensed.
Section 2
Section 200.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.05. Running at large.
The license hoider, owner or keeper of any eanine do¢ shall be responsible for the
effective restraint of such exnirre � and shall not permit the earrine doe to run at lazge. Any
exnine-do� which is not effectively contained within a fenced area, or any eanine d� which is
on any unfenced area or lot abutting a street, alley, public park, school grounds or public place
without being effectively restrained by chain or leash from moving beyond such unfenced area or
lot, or any egnine � on any street, public park, school grounds or public place without being
effectively restrained by chain or leash not exceeding six (6) feet in length, shall be deemed to be
running at large. The provisions of this section shall not apply to a dog if:
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(�� The dog is present with an owner or keeper in an azea which has been officially
designated and posted as an off-leash dog area pursuant to section 170-06 of the
Legislative Code•�
(3 � The dog has not been designated as potentially dangerous or dangerous under
sections 200.11 or 200.12 {f}}{gj of the I.egislative Code; and
(�3) The dog has not been excluded from the particular off-leash dog area or the park
in which such azea is located either for violation of rules and regulations
promulgated by the director or under section 170.10(e) of the Legislative Code.
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. . Invisible (underground electric)
fences may be used as a secondary restraint only, and are not an acceptable replacement for a
chain, leash or properly fenced-in area.
Section 3
Section 200.06 of the Saint Paul Legislative Code is hareby amended to read as follows:
Sec. 200.06. Seizure, impoundment, release.
02P �
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�f a) �' �A��unlicensed dog and any dog running at lazge is hereby declared to be a public 6� �y t��
nuisance. The environmental health officer is authorized to employ, sr�bjeette-tke
� in a situation that the environmental health officer deems to be an
emer e�ncy, such additional temporary animal control officers as necessary to capture and
hold such dogs and to pay temporary animal control ofFcers on a fee basis.
(b) Any person may seize, impound or restrain any dog which he may find mnning at large in
the city and hold such dog for the animal control supervisor or deliver such �eg animal to
the city animal control center.
(c) Any animal that is found to be in circumstances which to a reasonable person indicate
that the animal has been or will be used, trained or encouraged to fight with another
animal, or any animal whose owner has in custody or possession any training appazatus,
paraphernalia or drugs used to prepare such animal to be fought with another animal, is
hereby declared to be a public nuisance and shall be immediately seized and taken to the
city animal control center.
(d) Any $eg animal which meets the definitions found in section 200.12(a) may be seized
and held at animal control pending a determinaUOn that the �eg animal is dangerous or
potentially dangerous. No-deg animal shall be released prior to the hearing until the
owner has provided proof of cmrent rabies vaccinarion and a current license, if one is
re uired. The environmental hearing officer may require, as a condition of releasing the
�ag animal prior to the hearing, that the owner show proof of a liability insurance policy
in the amount of three hundred thousand dollars ($300,000.00) if the attack or bite
invoived serious injury requiring medical treatment for the victim or there is reason to
believe that the $eg animal will not be properly maintained during the appeal process.
(e) Any �ag animal which is found in circumstances which would lead a reasonable person
to believe that its health is endangered shall be immediately seized by the environmental
health officer or any of his/her duly authorized assistants, or any peace officer, or animal
control officer or any person duly authorized in writing by the environmental health
officer and taken to the city animal control center or to a veterinarian if necessary far
immediate treatment.
(f j It shall be the duty of the environmental health officer or any of his/her duly authorized
assistants, or any peace officer, or animal control officer or any person duly authorized in
writing by the environmental health officer, to capture, seize and deliver to the
environmental health officer, or the keeper of the city's animal control center, or to any
suitable place to be approved by the environmental health officer, any $eg animal found
running at large within the city contrary to the provisions of this chapter and any dog
found within the city unlicensed or not wearing the metal tag provided for in this chapter
in violation of the provisions of this chapter. All �egs animals conveyed to the animal
control center shall be kept, with kind treatment and sufficient food and water for their
coxnfort, at least five (5) days after the impounding thereof, unless sooner reclaimed by
their owners as herein provided.
Animals seized under this subdivision may be released
from the $eg-penn� Animal Control Center upon payment by such owner of the sums
required by section 200.07. Said payments shall be made to the animal control supervisor,
in return for which the owner shall receive from the animal control supervisor a receipt
showing that the �ieer�se fees �ras have been paid, and if the animal reclaimed is a do�, a
regulaz license and tag for such dog shall be issued upon presentation of such receipt to
the license inspector. If the owner of the �ag animal seized or impounded under the
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1\ I U i� a tpXQ�,isions of this chapter does not resume possession of said $eg animai by compliance
2 with the foregoing provisions within five (5) days after the seizure or impounding thereof, b� 4��
3 said owner shall forfeit all right of property in such $eg animal.
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5 Section 4
7 Section 200.07 of the Saint Paul I.egislative Code is hereby amended To read as follows:
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9 Sec. 200.07. Fees for impounding and boarding;_penalties for reueated runnin� at large.
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� Any �ag animai captured and impounded under the provisions of this chapter shali be
released only on the payment of an impound fee, plus an additional board charge for each day or
fraction of a day during which the e�eg animal is impounded. If the impounded animal is a dog
and said do� is unlicensed, in addition to the impounding and boarding fee, #�e�dag it shall not be
released without the payment of the prescribed license fee, as well as an administrative nenalt ��of
fifty dollars ($50.001. The designated fees under this chapter shall be established by ordinance as
provided in section 310.09(b) of the Legislative Code.
19 b� The owner of any doe which is found runnint at laree a second time within a one �_
20 period shall be subject to an administrative penalty of fiftv dollars ($50.00). If the animal is
21 found runnine at laz¢e a third time within one year the owner shall be subject to an administrarive
22 penalty of one hundred dollars ($100.001. A fourth violation for runnine at lar¢e within one vear
23 shall result in a declazation that the animal is a nuisance, and subject to destruction by the Animal
24 Control Officer. These penalties are in addition to anv fees or genalties under section (a).
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� When a doe is impounded for runnine at lazee, and has not been s�ayed or neutered, the
owner shall be subject to an administrative penalty of one hundred dollazs ($100.00). If the
animal is found runnine at large a second time within one vear, and has not been s�ayed or
neutered, the owner shall be subject to an administrative penalt�of one hundred and fifty dollars
($150.001. If the animal is found runnin¢ at lazee a third time and has not been s�aved or
neutered, the owner shall be subject to an administrative penaltv of two hundred dollars
($200.00) . These charges are in addition to the fees set forth in subdivisions (al and (b).
� The Office of LIEP mav waive the additional char¢es for does found runnine at large
which have not been altered if a determination is made that the animal suffers from a medical
condition which would make alterin¢ daneerous to its physical well-bein¢. Additionally, any
owner who has been chareed a hipher license fee for havine an unaltered dog may be refunded
the difference if. within fortv-five days of the do¢ beine claimed the owner shows written proof
from a veterinarian that the dog has been altered.
� A desianation that an animai is a nuisance and subject to destruction shall be in writing
and shall state the dates, times, nlaces and facts of the current and prior incidents of runnine at
laree which form the basis for the deternunation, and that the owner(s) have fourteen (141 days to
a�peal the deternunation b�questing a hearing before the LIEP hearin� officer.
a. If no appeal is filed, the orders issued will stand and the doe wiil become
the provertv of the City, which may proceed with destrucUOn or offer the
animal to an animal protecrion oreanization for adoption. The decision of
whether the do¢ should be made available for adoption shall be at the sole
discretion of the Citv.
b. If an owner requests a hearine, one shall be held before the L]EP hearing
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officer not more than three (31 weeks after the request is made. Pendine a
hearine on the deternrination, the animal may be kept at animal control
unless the owner shows proof that the animal is licensed, if required: has
met the requirement, if anv, for rabies vaccinations: and agrees that the
animal will not be permitted to be outside without bein ig n a proper
enclosure or beingrestrained on a leash.
c. The records of the Office of License, Insvections and Environmental
Protection. including those of animal controi shall be admissible for
consideration by the hearin¢ officer without further foundation.
d. If the hearing officer finds that the owner of the animal has demonstrated
an inabilitv or unwillinmess to control the animal in order to nrevent the
dos from re en atedly runnine at lar¢e, the destruction order shall be
affirmed or the do¢ shall be offered to an animal protection or¢anization
for adoution as in parag,_raph a, above.
Section 5
Section 200.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.11. Potentialiy dangerous animals.
(a) Potentially dangerous animals. A potentially dangerous animal is an animal which has:
(1) When unprovoked, bitten a human or a domestic animal on public or private
property; or
(2) When unprovoked, chased or approached a person upon the streets, sidewalks, or
any public or private property, other than the �eg animal owner's property, in an
apparent attitude of attack; or
(3) A known history or propensity, tendency or disposition to attack while
unprovoked, causing injury or otherwise threatening the safety of humans or
domestic animals.
(b) Designation as potentially dangerous animal. The environmental health officer shall
designate any animal as a potentially dangerous animal upon receiving evidence that the
animal meets any of the criteria in subdivision (a). When an animal is declared potentially
dangerous, LIEP shall cause the owner(s) of the potentially dangerous animal to be
notified in writing that such animal is potentially dangerous. An animal that has been
deternuned to be potentially dangerous must be microchipped in accordance with section
200.16, and may be required to comply with one or more of the foliowing conditions:
(1) The owner of a dog may be required to complete an approved dog obedience
class;
(2) The animal may be required to be � restrained by chain or leash not to
exceed six (6) feet in length, and/or muzzied, and under the control of a person
eighteen (18) yeazs of age or older at all times it is outdoors and not inside a
proper enclosure.
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1 0�j �(� �(�J� ;� �e owner may be required to show proof of up to date rabies vaccination and, if O ,, �
2 � i t� 1� �� uired, licensing.
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� If the animal is a doe, the owner shall purchase a liferime dog license.
(c) Procedure. The environmental health officer shall notify the owner(s) of the animal in
wriring or in person that the animal has been deternuned to be potenrially dangerous and
shall specify what, if any conditions are being required of the owner. This notice shall
state the date, Ume, place, and parties bitten, chased, attacked or threatened by the animal,
and shall advise the owner that they have fourteen (14) days to appeal the determinarion
or the imposition of conditions on maintaining the �eg animal by requesting a hearing
before the LIEP hearing officer.
(1) If an owner requests such a hearing, a date shail be set not more than three (3)
weeks after receipt of the demand for a hearing. The hearing officer may consider
all records of the office of LIEP, animal control, as well as police reports without
the necessity for further foundation. After considering all of the evidence, the
hearing officer shall issue a written order which rejects or upholds the
deternunation. If the hearing officer upholds the determination as potentially
dangerous, the order may affirm or modify the conditions recommended by the
environmental health officer. If as a result of testimony or other evidence at the
hearing there are grounds for declaring the $ag animal to be dangerous pursuant to
section 200.12, the hearing officer may change the designation and issue the
appropriate orders.
(2) If an owner fails to comply with any conditions specified in the order and fails to
request a hearing under subdivision (c)(1), the dag animal shall be seized. The
animal may be reclaimed by the owner as set forth in section 200.121(c).
(d) Review of designation. The environmental health officer may review the status of a-deg
an animal which has been deternuned to be potentially dangerous if a period of two years
has passed without any further incidents under section (a) above and may use discretion
in deternuning whether any conditions which have been ardered are still required.
Section 6
Section 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.12. Dangerous animals.
(a) Definition. A dangerous animal is an animal which has:
(1)
�2)
(3)
(4)
Without provocation caused bodily injury or disfigurement to any person on
public or private property; or
Without provocation engaged in any attack on any person under circumstances
which would indicate danger to personal safety; or
Exhibited unusually aggressive behavior, such as an attack on another animal; or
Bitten one (1) or more persons on two (2) or more occasions; or
� p R � G�� A� een found to be potentially dangerous and/or the owner has personal knowledge
2 the same, and the animal aggressively bites, attacks, or endangers the safety of ��'y��
humans or domestic animals; or
5 (6) Fresh wounds, scarring, or is observed in a fight, or has other indications which to
6 a reasonable person evidence that the animal has been or will be used, trained or
7 encouraged to fight with another animal; or whose owner has in custody or
8 possession any training apparatus, paraphernalia or drugs used to prepare such
9 animal to be fought with another animal.
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(b) Designation as dangerous animal. The environmental health officer shall designate any
animal as a dangerous animal upon receiving evidence that the animal meets any of the
criteria in subdivision (a).
(c) Procedure. The environmental health officer, after having deternuned that an animal is
dangerous, may proceed in the following manner:
(1) The owner(s) of the animal shall be notified in writing or in person that the animal
has been deternuned to be dangerous and that the animal is to be seized and
destroyed or that the owner must comply with the conditions set forth in section
200.121. This notice shall state the dates, times, places and facts of the incidents
which form the basis for the deternunation, and that the owner(s) have fourteen
(14) days to appeal the deternunation by requesting a hearing before the LIEP
hearing officer.
a. If no appeal is filed, the orders issued will stand.
(2)
b. ff an owner requests a hearing for deternunation as to the dangerous nature
of the animal, the hearing shall be held before the LIEP hearing officer not
more than three (3) weeks after demand for said hearing. Pending a
hearing on the determination, the animal may be seized and kept at animal
control unless the owner shows proof that the animal is licensed, if
required, has met the requirement, if any, for rabies vaccinations, and
agrees that the animal, if it is a do�, will not be permitted to be outside
without being in a proper enclosure or being restrained on a leash and
wearing a muzzle.
c. The records of the eOffice of �License, iInspections and eEnvironmental
pProtection, including those of animal control, and any police reports
relating to an attack or bite shall be admissible for consideration by the
hearing officer without further foundation.
d. After considering all evidence pertaining to the temperament of the
animal, the hearing officer shall make such order as he/she deems proper.
The hearing officer may order that the animal control supervisor take the
animal into custody for destruction, if such animal is not currently in
custody. ff the animal is ordered into custody for destruction, the owner
shall immediately 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 seizure and quarantine of a rabies-suspected animal.
1 (3) Any person who fails or refuses to release an animal to an animal control officer Q� _yya
pr police officer upon demand, after it has been found by the environmental health
s R I G I N� t� cer to be dangerous and ordered into custody for destruction, shall be guilty of
4 a misdemeanor.
6 (4) The environmental health officer or the animal owner may apply to the district
7 court of Ramsey County for subpoenas for hearings under pazagraph {�jlr. 20011
8 (cl(lland 200.12 (cl(1)above.
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(e� Authority to order destruction. The hearing officer, upon finding that an animal is
dangerous hereunder, is authorized to order, as part of the disposition of the case, that the
animal be destroyed based on a written order containing one (1) or more of the following
findings of fact:
(1)
(2)
The animal is dangerous as demonstrated by a vicious attack, an unprovoked
attack, an attack without warning or multiple attacks; or
The owner of the animal has demonstrated an inability or unwillingness to control
the animal in order to prevent injury to persons or other animals.
(€, Stopping an attack. If any police officer or animal control offlcer 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.
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Section 7
Section 200.122 of the Saint Paul Legislative Code is hereby adopted:
Sec. 200.122. Notification of new address.
The owner of an animai which has been identified as dangerous, potentially dangerous or
a public nuisance must notify the environmental health officer in writing if the animal has died or
is to be relocated from its current address or ¢iven or sold to another person. The notification
must be given in writing at least fourteen (14) da�s priar to the relocation or transfer of
ownershi�If the animal has died, notification must be ¢iven no later than fourteen (14) days
after the animal's death. The notification must include the cutrent owner's name and address, the
relocation address, and the name of the new owner, if anv, and in the case of the death of the
animal must inciude the date of death and the name of anv attendine veterinarian as well as
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information relating to the disposal of the animal.
Section 8
QRiG!�AL
This ordinance shall take effect and be in force thirty (30) days foliowing its passage, approval
and publication.
Reguested by Departmeat of:
Bv: .��4/ �" � W`"
Form ApprOVfld by City \ Att�
BY� __-_ ��r—V �(���
A�rwed bv mavor for Submission to Cossncil
Adopted by Council: Date � p 0
Adoptioa Certified by Council ecretasy
OFFICE oF L=EP . Date: GREEN SHEET
" Janeen� Rosas, Director APril i�, zo03
266-9013 N0 .403507 ���
CONTACT PERSON & PHONE: 1 EP�T"�'T' DxxECrox 4 xxr rnvxcsz
. aneen Rosas (266-9013) � 2 Ix� "TT°'v�a� =x�` �`'E""
ust be on Council Agenda: °�� ��T DI��oR IN. & MGT. SVC. DIR.
�
s Soon As Possible 3 Y�R (aB ASSISTANT)
' OTA7, # OF SIGNATURE PAGPS 1 (CLIP ALL LOCAfiIONS FOR SIGNATURE)
CTION REQUESTED:
' pproval of an ordinance amending Chapter 200 of the Saint Paul L,egislative
Code to impose administrative penalties for dogs which repeatedly run ati large,
'r. to provide for destruction for dogs declared to be a nuisance, and to provide
� incentives for having dogs neutered or spayed. There is also housekeeping
�' language in this ordinance. �
4
ECOMMINDATIONS: APPROVE (A) OR REJSCT �) PSRSONAL S&&VICB CONTRACTS MOST ANSYPSR Ti[8 POLLO➢IING:
. PLANNING COFNIISSION CIVIL SERVICE CUMMISSION 1. Hae the pExson(fiim ever wOYked Undez d conts'dct fOY thi5 depaitment?
CIH COFPIITTES BUSINESS REVIEW COUNCIL YES NO �
STAFF _ DISTRICT COONCIL 2. Has this person/firm ever been a City employee?
DISTRICT COURT ' ' YES NO
y, ' " 3. Does thia person/firm possess a skill not nozmally possessed by any
�' SUPPORTS WHICH COUNCIL OBJECTIVE? Cniient City employee?
y YES NO
��-� ' . . Sxplain-all Y8S answers oa a separata sheet�aa$ attach.
a.
����.; IDIITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, TAhen, Where, Why) :
e
`.Increasing number of dogs being caught repeatedly running at large. Also, a
-;..national trend is to provide incentives for pet owners to have their dogs
spayed or neutered in,order to reduce the number,of unwanted and problematic
`"animals in the long term.
VANTAGES IF APPROVED: '
v:
��<<',Increased deterrence to animals running at large and less nuisance and
�' roblematic animals,due to the s a and neuter. rovisions.
�.r: P Y P
� � DISADVANTAGES IF APPROVED:
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�.
� ISADVANTAGES IF NOT APPROVED:
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� Increases in numbers of dogs caught running at large. Continual increases in
�; the number of unwanted and problematic animals. ,
`-,`TOTAL AMOUNT OF TR�INSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN) "'
: ��.�r�;;�'? ����
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CouncllFile# �3 � �{4�
Ordinance #
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GreenSheet# yc35
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
identified service dog
have physical or sensc
providing proof of ce�
any person under th
the dog license iss ed
1 An ordinance amending Saint Paul Legislative Code Chapter 200
2 to impose administrative penalties for dogs which repeatedly rua at
3 large, to provide a method for destruction for dogs declazed to be,zf
4 nuisance, and to provide incentives for having dogs neutered �f
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spayed.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES O IN:
Section 1
Section 200.02 of the Saint Paul I.egislative Code is he by amended to read as follows:
Sec. 200.02. License required.
(a) No person shall own, harbor, keep o maintain in the city any dog over three (3) months
of age without a license. A license 's required if the dog is owned, harbored, kept or
maintained for three (3) consec ve days or more, except that no license shall be required
for dogs whose owners are te orarily within the city, nor to dogs brought into the city
for the purpose of
,�
Committee Date :
pati g in any dog show.
. . Any properly
�ch aids persons who are totally or partially blind or deaf, or
disabilities, shall be issued a dog license at no charge upon
cation of training as a service dog. No license shall be issued to
of eighteen (18). A minoz who owns a dog in the city must have
in the name of a parent or guardian on his/her behalf.
New and renew �applications for licenses shall require the owner, in addition to any
other informa �on required by the animal control supervisor, to supply the name, age,
breed, sex, c or and markings, �roof as to whether the animal has been s avp ed or
neutered d proof of un-to-date rabies vaccination shots, if any, of each dog sought to
be licens d. Proof of rabies vaccination shots ma� be in the form of a certificate siened
shots have been i€ ven" In addition, the owner shall be required to provide information on
whether the animal has been declared dangerous or potentially dangerous in any other
municipality. If the owner has been convicted of a violation of section 20010, relative to
the dog sought to be licensed, the application shall require proof of public liability
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insurance in the minimum amount of three hundred thousand dollars ($300,000.00). 6.S ���p
(c) Licenses shall be available for purchase at the city animal control facility and at the office
of license, inspections and environmental protecrion R.TFP). Veterinarians, pet shops,
animal facilities and pet grooming facilities 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 be required to inform their clients that the
city requires that all dogs be licensed.
Seciion 2
Section 200.05 of the Saint Paul L,egislative Code is hereby amended to read as
Sec. 200.05. Running at large.
The license holder, owner or keeper of any ear�ine� shall be respo sible for the
effective restraint of such eattine d� and shall not permit the exrrine doe run at lazge. Any
exnir�d�o which is not effectively contained within a fenced azea, or a exnirre dog which is
on any unfenced area or lot abutting a street, alley, public pazk, schoo grounds or public place
without being effectively restrained by chain or leash from moving eyond such unfenced area or
lot, or any eanine d� on any street, public park, school grounds o public place without being
effecUvely restrained by chain ar leash not exceeding six (6) fe in length, shall be deemed to be
running aY large. The provisions of this section shall not apply o a dog if:
�.�:.....����:,���
(�� The dog is present with an owner or eeper in an area which has been officially
designated and posted as an off-le dag area pursuant to secuon 170-06 of tlae
Legislative Code; and
(3 � The dog has not been design ed as potentially dangerous or dangerous under
sections 20011 or 200.12 - of the I.egislative Code; and
(�� The dog has not been e cluded from the particulaz off-leash dog area or the park
in which such area is cated either for violation of rules and regulations
promulgated by the 'rector or under section 17010(e) of the L.egislative Code.
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. . Invisible (underground electric)
fences may be used as a econdary restraint only, and are not an acceptable replacement for a
chain, leash or properl fenced-in area.
Section 3
Section 200.O�of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.06. Seizure, impoundment, release.
1 (a) Any unlicensed dog and any dog running at large is hereby declared to be a pubiic o3 �y
2 nuisance. The environmental health officer is authorized to employ, subjeet-Eattce
3 ' in a situation that the environmental health officer deems to be an
4 emereency, such additional temporary animal control officers as necessary to capture and
5 hold such dogs and to pay temporary animal control ofFicers on a fee basis.
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7 (b) Any person may seize, impound or restrain any dog which he may find running at lazge in
8 the city and hold such dog for the animal control supervisor or deliver su �ag animal to
9 the city animal controi center.
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(c) Any animal that is found to be in circumstances which to a reason le person indicate
that the animal has been or will be used, trained or encouraged t ight with another
animal, or any animal whose owner has in custody or possessi any training apparatus,
paraphernatia or drugs used to prepare such animal to be fou t with another animai, is
hereby declared to be a public nuisance and shall be imme �ately seized and taken to the
city animal control center.
(d) Any deg animal which meets the definitions found in ection 200.12(a) may be seized
and held at animal conuol pending a deternunation at the �eg animal is dangerous or
potentially dangerous. No-�eg animal shall be rele sed prior to the hearing until the
owner has provided proof of current rabies vacci ation and a current license, if one is
reauired. The environmental hearing officer m require, as a condition of releasing the
�ag animal prior to the hearing, that the own show proof of a liability insurance policy
in the amount of three hundred thousand d lars ($300,000.00) if the attack or bite
(e)
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involved serious injury requiring medical�freatment for the victim or there is reason to
believe that the �eg animal will not be properly maintained during the appeal process.
Any $ag animal which ls found in
to believe that its health is endang
health officer or any of his/her d
control officer or any person d y
officer and taken to the city a ima
immediate treatment.
It shall be the duty of
which would lead a reasonable person
ed shall be immediately seized by the environmental
y authorized assistants, or any peace officer, or animal
authorized in wriring by the environmental health
I control center or to a veterinarian if necessary for
health officer or any of his/her duly authorized
assistants, or any peace officer, or animal control officer or any person duly authorized in
writing by the enviro ental health officer, to capture, seize and deliver to the
environmental heal officer, or the keeper of the city's animal control center, or to any
suitable place to b approved by the environmental health officer, any �ag animal found
running at lazge ithin the city contrary to the provisions of this chapter and any dog
found within t city unlicensed or not wearing the metal tag provided for in this chapter
in violation o the provisions of this chapter. All c�s animals conveyed to the animal
control cen r shall be kept, with kind treatment and sufficient food and water for their
comfort, least five (5) days after the impounding thereof, unless sooner reclaimed by
their ow ers as herein provided.
Animals seized under this subdivision may be released
from e�eg Animal Control Center upon payment by such owner of the sums
req 'red by section 200.07. Said payments shall be made to the animal control supervisor,
in eturn for which the owner shall receive from the animal control supervisor a receipt
s owing that the �ieense fees hgs have been paid, and if the animal reclaimed is a doe, a
regular license and tag for such dog shall be issued upon presentation of such receipt to
the license inspector. If the owner of the �eg animal seized or impounded under the
provisions of this chapter does not resume possession of said �ag animal by compiiance �9 .��{0
with the foregoing provisions within five (5) days after the seizure or impounding thereof,
said owner shall forfeit all right of property in such �eg animal.
Section 4
Section 200.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.07. Fees £or impounding and boarding; penalties for repeated runnine at large.
� Any �eg animal captured and impounded under the provisions of this chapter shall be
released only on the payment of an impound fee, plus an additional board charge for each day or
fraction of a day during which the �eg animal is impounded. If the impounded animai is a dog
and said dos is unlicensed, in addition to the impounding and boarding fee, the-�Isr i hall not be
released without the payment of the prescribed license fee as well as an adminis r tive enalt of
fiftv dollars ($50.00). The designated fees under this chapter shall be establi ed by ordinance as
provided in section 310.09(b) of the I.egislative Code.
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a. If no appeal is filed, the orders issued will stand.
b. If an owner requests a hearine, one shall be held before the L1EP hearing
officer not more than three (3) weeks after the request is made. Pending a
hearine on the determination, the animal may be kent at animal control
unless the owner shows�roof that the animal is licensed, if required: has
met the requirement. if anY, for rabies vaccinations; and agrees that the
animal will not be �ermitted to be outside without being in a nroper
enclosure or being restrained on a leash.
c. The records of the Office of License, Inspections and Environmental
Protection, includin� those of animal control shal] be admissible for
consideration by the hearin� officer without further foundation.
Section 5
Section 200.11 of the Saint Paul I.egislative Code is hereby
Sec. 200.11. Potentially dangerous animals.
(a) Potentially dangerous animals. A potentially
to read as follows:
animal is an animal which has:
(1) When unprovoked, bitten a human or`a domestic animal on public or private
property; or � '
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(2) When unprovoked, chased or approached a person upon the streets, sidewalks, or
any public or private propertyf other than the �eg animal owner s property, in an
appazent attitude of attack; �
(3) A known history or F
unprovoked, causing
domestic animals.
ity, tendency or disposition to attack while
or otherwise threatening the safety of humans or
01-4y
(b) Designation as potentialLy dangerous animal. The environmental health officer shall
designate any animal as�a potentially dangerous animai upon receiving evidence that the
animal meets any of t e criteria in subdivision (a). When an animal is declared potentially
dangerous, LIEP sh cause the owner(s) of the potentially dangerous animal to be
notified in writing at such animal is potentially dangerous. An animal that has been
determined to be otenually dangerous must be microchipped in accordance with section
200.16, and ma be required to comply with one or more of the following conditions:
(1) The o�lvner of a dog may be required to complete an approved dog obedience
(2) T animal may be required to be � resuained by chain or ]eash not to
e ceed six (6) feet in length, and/or muzzled, and under the control of a person
ighteen (18) yeazs of age or older at all times it is outdoors and not inside a
proper enclosure.
(3)
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d. ff the hearine officer finds that the owner of the animal has demonstrated
an inability or unwillingness to control the animal in order to prevent the
animal from repeatedly mnnin ag t large, the destruction order shall be
affirmed. /
The owner may be required to show proof of up to date rabies vaccination and, if
required, licensing.
If the anlmal is a do�, the owner shall nurchase a lifetime do¢ license.
(c) Procedure. The environmental health officer shall notify the owner(s) of the animal in
writing or in person that the animal has been deternuned to be potentially dangerous and
shall specify what, if any conditions are being required of the owner. This notice shali aS —� ��
state the date, time, place, and parties bitten, chased, attacked or threatened by the animal,
and shall advise the owner that they have fourteen (14) days to appeal the detemrination
or the imposition of conditions on maintaining the dag animal by requesting a hearing
before the LIEP hearing officer.
(1) If an owner requests such a hearing, a date shall be set not more th ee (3)
weeks after receipt of the demand for a hearing. The hearing offic may consider
all records of the office of LIEP, animal control, as well as pol' e reports without
the necessity for further foundation. After considering all of e evidence, the
hearing officer shall issue a written order which rejects or pholds the
determination. If the hearing officer upholds the dete � ation as potentially
dangerous, the order may affirm or modify the condit ns recommended by the
environmental health officer. If as a result of testi ny or other evidence at the
heazing there are grounds for declaring the deg mal to be dangerous pursuant to
section 200.12, the hearing officer may change, e designation and issue the
appropriate orders. �
(2) If an owner fails to comply with any con tions specified in the order and fails to
request a hearing under subdivision (c) ), the $ag animal shall be seized. The
animal may be reclaimed by the own� as set forth in section 200.121(c).
(d) Review of designation. The environment health officer may review the status of �ag
an animal which has been determined t be potentially dangerous if a period of two years
has passed without any further incide ts under section (a) above and may use discretion
in determining whether any conditi s which have been ordered are still required.
Section 6
Section 200.12 of the Saint Paul gislative Code is hereby amended to read as follows:
Sec. 200.12. Dangerous anim s.
(a) Definition. A danger us animal is an animal which has:
(1) Without py'ovocation caused bodily injury or disfigurement to any person on
public or�private property; or
(2) Withq{rt provocation engaged in any attack on any person under circumstances
whiqli would indicate danger to personal safety; or
(3) F�hibited unusually aggressive behavior, such as an attack on another animal; or
(4) / Bitten one (1) or more persons on two (2) or more occasions; or
Been found to be potentially dangerous and/or the owner has personal knowledge
of the same, and the animal aggressively bites, attacks, or endangers the safety of
humans or domestic animals; or
(6) Fresh wounds, scarring, or is observed in a fight, or has other indications which to
a reasonable person evidence that the animal has been or will be used, trained or
1 encouraged to fight with another animal; or whose owner has in custody or �3.ti{40
2 possession any training apparatus, paraphernalia or drugs used to prepaze such
3 animal to be fought with another animal.
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5 (b) Designation as dangerous animal. The environmental health officer shall designate any
6 animal as a dangerous animal upon receiving evidence that the animal meets any of the
7 criteria in subdivision (a).
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9 (c) Procedure. The environmental health off`icer, after having detennine that an animai is
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dangerous, may proceed in the following manner:
(1) The owner(s) of the animal shall be noti£ed in writing�6r in person that the animal
has been determined to be dangerous and that the an�� al is to be seized and
destroyed or that the owner must comply with the 6nditions set forth in section
200.121. This notice shall state the dates, times, p�aces and facts of the incidents
which form the basis for the detemunaUon, anc��that the owner(s) have fourteen
(14) days to appeal the determination by req� sting a hearing before the LIEP
hearing officer. ,
a_ ff no appeal is filed, the orders issued will stand.
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b. If an owner requests a hearin for deternunation as to the dangerous nature
of the animal, the hearing s all be held before the LIEP hearing officer not
more than three (3)
hearing on the dete:
control unless the c
c.
after demand for said hearing. Pending a
iion, ihe animal may be seized and kept at animal
shows proof that the animai is licensed if
re uired, has met th requirement, if any, for rabies vaccinations, and
agrees that Che ani al, if it is a doe, will not be permitted to be outside
without being in proper enclosure or being restrained on a leash and
wearing a muz e.
The records of the eOffice of �License, iInspections and eEnvironmental
pProtectio , including those of animal control, and any police reports
relating an attack or bite shall be admissible for consideration by the
without further foundation.
d. Aft considering all evidence pertaining to the temperament of the
an' al, the hearing officer shall make such order as he/she deems proper.
T e hearing officer may order that the animal control supervisor take the
imal into custody for destruction, if such animal is not currendy in
custody. If the animal is ordered into custody for destruction, the owner
shall immediately make the animal available to the animal control
supervisor and failure to do so shall be a misdemeanor.
�2)
in this section shall prevent the environmental health officer from
the immediate seizure and quarantine of a rabies-suspected animal.
Any person who fails or refuses to release an animal to an animal control officer
or police officer upon demand, after it has been found by the environmental health
officer to be dangerous and ordered into custody for destruction, shall be guilty of
a misdemeanor.
(4) The environmental health officer or the animal owner may apply to the district p.S �y�D
court of Ramsey County for subpoenas for hearings under paragraph {�jlr- 200.11
(cl(1) and 200.12 (cl(llabove.
(el� Authority to order destruction. The hearing officer, upon finding that an animal is
dangerous hereunder, is authorized to order, as part of the disposition of the case, that the
animal be destroyed based on a written order containing one (1) or more of t e following
findings of fact:
(1) The animal is dangerous as demonstrated by a vicious attack, �n unprovoked
attack, an attack without warning or multiple attacks; or �
(2) The owner of the animai has demonstrated an inabilit q'r unwiilingness to control
Y
the animal in order to prevent injury to persons or oth�r animals.
(€e) Stopping an attack. ff any police officer or animal
by an animal upon a person or another animal, the
officer deems appropriate to bring the attack to an
victim.
,bfficer is witness to an attack
may take whatever means the
i prevent further injury to the
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lt�J
���.1�1�AT ItU�I1LLS 1�1���( �
.SOChOri 7
Section 200.122 of the Saint�aul Legislative Code is hereby adopted:
1 Section 8 �•3 �y�{0
2
3 This ordinance shall take effect and be in force thirty (30) days following its passage, approvai
4 and publication.
5
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8 ,
Requestad by Depaztment of:
1...,1 �, j�
AdoBted by Council: Date
Adaption CertiEiad by Counc}�7. Sacretaxy
Sy':
approved bY arayror:
8Y=
�.: ��,�, � (�.�,
,-
p�'cfSfQ
- "�'� GZTY OF SAINT PAUL
.<.�. .:
,�
OFFICE OF THE CITY COUNCIL
May 21, 2003
Ms. Janelle Dixon, Director
Humane Society for Companion Animals
9785 Audson Road
Woodbury, MN 55125
Dear Ms. Dixon:
Our Saint Paul City Council is considering an ordinance amending Chapter 200 of the Saint Paul
Legislative Code, which imposes administrative penalties for dogs which repeatedIy run at large,
provides for destruction for dogs declazed to be a nuisance, and provides incentives for hauing
dogs neutered or spayed. There is also additional housekeeping language in this ordinance being
amended as we1L Councilmember Harris requested that this ordinance be forwazded to the
Humane Society for your comments.
Our City Council will be conducting a public hearing on this ordinance (Council File 03-440) at
next week's City Council Meeting on Wednesday, May 28, 2003, at the 5:30 p.m. portion of the
meeting, which is held at 15 W. Keliogg Blvd., Saint Paul City Hall - Third Floor, Council
Chambers. Would it be possible for you or your representative to attend this meeting and present
your comments at this time. If not, your written cornments would be greatly appreciated.
Thank you for your consideration.
Sincerely,
` \ 0. t'�'a1'�W.'.A —
\
Nancy Ander n
Assistant Secretary to the City Council
15 W. Kellogg Blvd. - Suite 310
Saint Paul, MN 55102
Telephone Number: (651) 266-8564
MAILED AND FAXED COPY OF LETTER AND ORDINANCE - 5/21/03
CITY HALL 1'HIRD FLOOR SAINT PAUL, MINNESOTA 55102-1615
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Note: Facsimile operator, please deliver this transmission to the above
addressee. If you did not receive ail of the pages in good condition,
please advise Janie Lafrenz at(651) 266-8560 at your
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Thank you.
NUMBER OF PAGES (INCLUDING THIS PAGE): I d�
CiTY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102
�
pnnted on iecycled paper
( Nancy Anderson City Council Request 03 � Page 1;
From: NancyAnderson
To: Rosas, Janeen; Rozek, Christine
Date: 5/20/03 12:49PM
Subject: City Council Request.
HiJaneen:
At last week's City Council Meeting (May 14, 2003), Councilmember Harris requested that LIEP staff
provide a detailed reqort on Council File 03-440 at their May 28th City Councif Meeting. This Council File
is scheduled for 3rd reading/public hearing on the 28th and wili be heard at the 530 p.m. portion of the
City Council Meeting. (This Council File 03-440 is: An ordinance amending Saint Paul Legislative Code
Chapter 200 to impose administrative penalties for dogs which repeatedly run at large, to provide a
method for destruction for dogs declared to be a nuisance, and to provide incentives for having dogs
neutered ar spayed.)
If you have any questions, please contact me. Thank you.
Nancy Anderson
Assistant Secretary to the City Council
Room 310 City Hall
St. Paul, MN 55102
Telephone Number: (651) 266-8564
CC: Flaherty, Dennis; Harris, Pat; Humphrey, Robert