04-628Covncil File # v���� •
Ordinance #
Green Sheet # �` 5��
Presented By
Referred To
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ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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COmmittee: Date
An ordinance to amend Saint Paul Legislative
Code Chapter 200 to add a provision relating to
seizure and destruction of potenfially dangerous
animals from owners who do not comply with
conditions placed upon these animals.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Sec. 200.11. Potentially dangerous animals.
1. (a) Potentially dangerous animals. A potentially dangerous animal is an animal which has:
(1) When unprovoked, bitten a huxnan or a domestic animal on public or private proper[y; or
(2) When unprovoked, chased or approached a person upon the streets, sidewalks, ar any public or private
properiy, other than the animal owner's property, in an apparent attitude of attack; or
(3) A known history or propensity, tendency or disposi6on to attack while unprovoked, causing injury or
otherwise threatening the safety of humans or domestic animals.
19 (b) Designation as potentially dangerous animal. The environmental health officer sha11 designate any
20 animal as a potenfially dangerous animal upon receiving evidence that the animal meets any of the criteria in
21 subdivision (a). When an animal is declared potentially dangerous, LIEP shall cause the owner(s) of the
22 potentially dangerous animal to be notified in writing that such auiilial is potentially dangerous. An animal
23 that has been determined to be potentially dangerous must be microchipped in accordance with section
24 200.16, and may be required to comply with one or more of the following conditions:
25 (1) The owner of a dog may be required to complete an approved dog obedience class;
26 (2) The aniinal may be required to be restrained by chain or leash not to exceed six (6) feet in length, and(or
27 muzzled, and under the control of a person eighteen (18) yeazs of age or older at a11 times it is outdoors and
28 not inside a proper enclosure.
29 (3) The owner may be required to show proof of up to date rabies vaccination and, if required, licensing.
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AUG 19 '�!
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(4) If the animal is a dog, the owner sha11 purchase a lifetime dog license.
2 (c) Procedure. The environxnental health officer shall notify the owner(s) of the auimal in writing or in
3 person that the auimal has been determined to be potentiaily dangerous and shall specify what, if any
4 conditions ate being required of the owner. This notice shall state the date, time, place, and parties bitten,
5 chased, attacked or threatened by the animal, and shall advise the owner that they have fourteen (14) days to
6 appeal the determination or the imposition of conditions on maintaining the animal by requesting a hearing
7 before the LIEP hearing officer.
8 (1) If an owner requests a hearing, a date shali be set not more than three (3) weeks after receipt of the
9 demand for a hearing. The hearing officer may consider all records of the office of LIEP, animal control, as
10 well as police reports without the necessity for further foundation. A.fter considering ail of the evidence, the
11 hearing officer sha11 issue a written order which rejects or upholds the determination. If the hearing officer
12 upholds the determivation as potentially dangerous, the order may af£um or modify the conditions
13 recommended by the environmental health officer. If as a result of testimony or other evidence at the hearing
14 there are grounds for declaring the animal to be dangerous pursuant to section 200.12, the hearing officer
15 may change the designarion and issue the appropriate orders.
16 (2) If an owner fails to comply with any conditions specified in the order and fails to request a hearing under
17 subdivision (c)(1), the animal shall be seized. The animal may be reclaimed by the owner as set forth in
18 section 200.121(c).
19 jd Subseguent offenses. If an owner of an animal which has been declazed notentialiy daneerous and is
20 subject to the conditions of this section has alleeedlv failed to com�lv with the conditions, the animal must
21 be seized bv animal control. Notice sha11 be nrovided to the owner of the basis for the seizure and the right
22 to request a hearin� before the LIEP hearin�officer to determine whether the conditions were violated. A
23 request for hearing must be made within fourteen (142days of the seizure. If the owner fails to re uest a
24 hearing within fourteen (14) davs, or is found to have violated the condifions, the LIEP hearinn officer sha11
25 order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confming
26 the animal. If the owner is found not to have violated the conditions. the owner ma�reclaim the aziimal
27 under the provisions of subsecfion 200.121(c).
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1 (�j � Review of designation. The environmental health officer may rev3ew the status of an auimal which
2 has been detenniued to be potentially dangerous if a period of two yeazs has passed without any further
3 incidents under secfion (a) above and may use discretion in determining whether any conditions which have
4 been ordered aze still required.
Section 2
This ordinance shall take effect and be in full force thirty (3Q) days following its passage, approval and
publication.
Requested by Department of:
By:
Mayor:
By:
Office of License, Inspections and
Environmental Protection
&Y: ���w P7 l�"'Sx,.'�
Form Approved by City
By:
Approved �i� Mayor for Submission
By:
0
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Adopted by Council: Date i,/
Adoption Certified by Council Secretary
� Green Sheet Green Sheet
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Green Sheet Green Sheet Green Sheet Green Sheet
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DepartrneM/office/council: Date Initiated:
Lp — L�u�o��uo�envQOnrroc l5-JUN-04 Green Sheet NO: 3018516
Contad Person 8 Pho�• ���eM Sent To Person ini 'ai te
Ch�Stine Rozek � 0 icenselln 'oo/Eoviron Pr �
266-9708 q�iyn 1 'ceose/Ins tionBnvironPro De arimeotDirector , C ! +�'-(o S��
Must Be on Council Agenda by (Date): Number 2 • A o e Y b S� (
Por
Routing 3 a or•s ce
Order 4 aeil
5 or's Office
6 ' Clerk
Topi # of SignaW re Pages _(Clip AII Locations for Signature)
Action Requested:
Approval of an ordinanace to amend Saint Paul Legisla6ve Code Chapter 200 to add a provision relating to seizure and destruction of
potentially dangerous animals &om owners who do not comply with conditions placed upon these animals.
Rewmmendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm everworked under a contred for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
. current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
Cnriently language does not eacist allowing LIEP to seize and destroy potenrially dangerous animals when owners do not comply with
conditions placed upon them. This language would a11ow LIEP to seize and destroy these animals from owners who do not comply
with conditions placed upon these potentially dangerous animals.
AdvantageslfApproved:
Increased compiiance from dog owners who otherwise would not comply with condiuons placed upon them.
Disadvantailes If Approved:
None.
Disadvantages if Not Approved:
LIEP will continue to have minimal authority to enforce condirions placed upon potentially dangerous animals.
Total Amount of
Trensaction: CosURevenue Budgeted: �, � ��,
�i�d'� �!3P,�tC�1 �y�' g.
Fundinii Source: ActivitV Number:
Finaneiallnformation: . YIIw9 �1 9_' %ISSEg
(Explain) JVt! � !7 ,e��a