05-630CouncilFile# O�_��
AMENDED - 7/20/OS
Ordinance #
Green Sheet # �����
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
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An ordinance amending Chapter 198 of the Saint Paul Legislative
Code to add a definition of "regulated animals" in accardance with
Minnesota Statute �346.155
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5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Chapter 198 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 198.01. Definitions.
As used in this chapter, the terms defined in this section shall have the meanings ascribed
to them:
Environmental health offcer. "Environmental health officer" means the environmental
health officer or inspector of the City of Saint Paul.
Wi1d or exotic animal. "Wild animal" or "exotic animal" means any mammal, amphibian,
reptile or bird which is of a species not usually domesticated, and of a species which, due to size,
wild nature or other chazacteristic, is dangerous to humans. The term includes animals and birds,
the keeping of which is licensed by the state ar federal government, such as wolves, raptars and
pheasants. By way of example and not of limitation, the term includes: snakes, eagles, aeelats
r�, weasels, badgers, , , deer and bison. The term also
includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Anv wild
ar exotic animal which also fits the definition of a"re�ulated animal" shall be treated as a
regulated animal for the purpose of this Cha t�er_
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29 Regulated animal. "Reeulated animal" means: 11 all members of the Felidae family
30 including but not limited to. lions, tigers, cou�ars. leopards, cheetahs. ocelots, and servals, but
31 not includine domestic cats or cats reco�ized as a domestic breed, re¢istered as a domestic
32 breed. and shown as a domestic breed by a national ar international multibreed cat re_i�
33 association• 21 bears• 31 all nonhuman primates including but not limited to lemurs monke�s,
34 chimpanzees, ¢orillas, oranQUtans, marmosets, lorises, and tamarins• and 4) anv hybrid ar cross
35 between an animal listed herein and a domestic animal, and anv offsprin� from all subsequent
36 eenerations of those crosses or hvbrids.
37 �^���
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. 05- 63 a
' 1 Sec. 198.02. Permits required; exceptions.
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3 (a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on
4 any lot or premises within the city without a permit.
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6 (b) Small animals and birds of the orders Anseriformes and GalZiformes. No person shall
7 keep or pernut more than one (1) live rabbit, or any mink, ferret, chicken, turkey, duck,
8 goose or pigeon or similaz small animal or bird, in any dwelling or on the same lot or
9 premises with a dwelling or other premises within the city without a permit. This
10 pazagraph does not apply to any single dove or any other small bird, or any chinchilla,
11 hamster, gerbil, white rat, mouse or guinea pig maintained as a pet.
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(c) Public health and safety. To protect any person or neighboring use, or to protect the
public health and safety, the environmental health officer may require permits for any
animals being kept or maintained in a manner or number that may result in unsanitary
conditions, unreasonable noise or odors, or annoyance, or the attraction of rodents or
insects.
(d)
(e)
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Bees. No person shall keep or allow to be kept any hive or other facility for the housing of
bees within the city without a permit.
Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic
animal within the city without a permit, whether or not the keeping of such animal is
licensed by the state or federal govemment.
Maximum number of cats. No person shall keep, harbor or maintain more than three (3)
cats of over the age of three (3) months within any individual dwelling unit within the city
without a permit.
(g) Exceptions. This section does not apply to animals which are temporarily brought into the
city for the purpose of participating in any circus or show; nor does it apply to any public
zoo, or persons temporarily keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, ar veterinary hospital, provided
protective devices adequate to prevent such animal from escaping or injuring the public
are provided.
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint
Paul any of the following animals:
(1) Any animal or species prohibited by federal ar Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way as to
constitute a likelihood of harm to the animals themselves, to human beings or to
the property of human beings, or which constitutes a public or private nuisance.
(3)
(4)
Any skunk, whether captured in the wild, domestically raised, descented or not
descented, vaccinated againstrabies or not vaccinated againstrabies.
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(5)
(6)
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Any reeulated animal obtained after Januarv 1, 2005.
OS- �o3Z�
Any member of the family Canidae, such as wolves, dingoes, coyotes and jackals,
except domesticated dogs.
Any crossbreed such as the crossbreed between dogs and coyotes and dogs and
woives.
Any raccoon.
Any red-eazed turtle (Pseudemys scriptae-Zegans) with a shell length of less than
four (4) inches.
Any person keeping any prohibited animal identified above may have it seized
immediately by animal control.
(b) Exceptions.
� This section does not apply to animals which are temporarily brought into the city
for fhe purpose of participating in any circus or show; nor does it apply to any
public zoo, or persons keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, ar veterinary hospital,
provided protective devices adequate to prevent such animal from escaping or
injuring the public are provided.
� In the case of regulated animals, those exemptions listed in Minn. Stat. §346.155,
subd. 7 shall aronlv.
Sec. 198.04. Permit; application, procedures, term and fee.
(a) Application. Any person desiring a permit required under the provisions of section 198.02
shall make written application therefor to the environmental health officer upon a form
prescribed by and containing such information as required by the environmental health
officer. Among other things, the application shall contain the following information:
(1)
�Z)
A description of the real property upon which it is desired to keep the animal or
animals.
The species and number of animals to be maintained on the premises.
(3) A statement that the applicanUpermittee will at all times keep the animals in
accordance with all the conditions prescribed by the environmental health officer,
or modification thereof, and that failure to obey such conditions will constitute a
violation of the provisions of this chapter and grounds for cancellation of the
permit.
(4) Such other and fiuther information as may be required by the environmental
health officer.
(b) Consent. The applicant for any permit required under the provisions of section 198.02
shall provide with the application the written consent of seventy-five (75) percent of the
� owners or occupants of privately or publicly owned real estate within one hundred fifty
OS-�3D
(c) Fees; term ofpermit. For all permits issued hereunder, the fee shall be established by
ordinance as provided in section 310.09(b) of the Legislative Code. The term of the
permit shall be one (1) yeaz from date of issuance, and the pernut may be renewed from
year to year with payment of an additional fee, established by ordinance as provided in
section 310.09(b) of the Legislative Code, upon application to the environmental health
officer; provided, however, that upon any adverse action or violation of the conditions of
the permit or substantial amendment to the permit application as originally described, a
new application, fee and investigation may be required before the ganting of a permit or
renewal thereof.
4 permit is being requested from other neighboring property, no consent is required from
5 the owners or occupants of property located on the opposite side of the street. VJhere a
6 property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant
7 need obtain only the written consent of the owner ar manager, or other person in charge
8 of the building.
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(d)
(150) feet of the outer boundaries of the premises for which the permit is being requested
or, in the alternative, proof that applicant's property lines are one hundred fifty (150) feet
or mare from any structure. However, where a street sepazates the premises for which the
Investigation by environmental health officer; may grant permit. The environmental
health officer shall make such investigation as is necessary and may grant, deny or refuse
to renew any application for permit under this chapter.
(e) Permit; conditions. If granted, the permit shall be issued by the environmental health
officer and shall state the conditions, if any, imposed upon the permittee for the keeping
of animals under the permit. The permit shall specify the restrictions, limitations,
conditions and prohibitions which the environmental 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 and safety.
Such permit may be modified from time to time or revoked by the environxnental health
officer for failure to conform to such restrictions, limitations or prohibitions. Such
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 animals.
( fl Refusal to grant or renew a permit. The environmental health officer may refuse a permit
to keep or maintain animals hereunder for failure to comply with the provisions of this
chapter, if the facilities for the keeping of the animals are or become inadequate for their
purpose, if the conditions of the permit are not met, if a nuisance condition is created, or
if the public health and safety would be unreasonably endangered by the granting of such
permit.
(g) Numbers of animals; species. The permit shall state the maximum number and species of
animals which may be maintained on the premises. The permittee shall not exceed the
maximum number of animals allowed on the permit or subsritute the animals with
different species. A permittee that wishes to increase the number of animals allowed or to
substitute or add a different species to those listed on the permit, shall be required to
apply for a new permit and pay the appropriate fee.
Sec. 198.05. Rules and regulations; conditions of permits.
(a) Rules and regulations. The environmental health officer shall promulgate rules and
os- ��
1 regulations prescribing the general conditions, limitations and prohibitions applicable to
2 the keeping of axrimals or classes of animals under permits granted pursuant to the
3 provisions of this chapter. Such rules and regulations, and any amendments thereto, are
4 effective riventy (20) days after filing with the city clerk.
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(b) Special conditions. The environmental heaith officer may prescribe specific conditions,
limitations and prohibitions pertaining to the keeping of particular animals under any
pernut granted pursuant to the provisions of this chapter as the environmental health
officer deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors, or annoyance, or for the control of
rodents and insects, or to protect the public health and safety.
Sec. 198.055. Regulated animal registration.
(a� Within 60 davs after Januarv 1, 2005, a uerson who possesses a reeulated animal must
notify in writin¢ the animal control officer usin¢ a reeistration form prepared by the
Minnesota Animal Control Association and a�oroved bv the Board of Animal Health.
The notification shall include the person's name, address, teleuhone number, and a
complete inventory of each reeulated animal that the person possesses. The inventory
shall include the followin¢ information: number and species of each reeulated animal; the
microchin number and manufacturer far each regulated animal if available: the exact
location where each re�ulated animal is kept; and ase, sex, color, weight, scars, and any
distin�uishina marks of each re¢ulated animal. A certificate of re¢istration shall be
issued to the possessor upon �ayment of the registration fee, and if necessary, the site
inspection fee. Fees for registration and site inspections shall be in the amounts as set
forthin &31018.
� A person who possesses a reeulated animal must notifv Animal Control in writin within
ten davs of a chan¢e in address ar location where the reQulated animal is ke�
� A oerson with a United States Department of Aaiculture license for reQUlated animals
shall forward a copv of the USDA inspection report to Animal Control within thirty da�
of receipt of the inspection report.
� If a person who possesses a reQUlated animal has a microchip implanted in the animal for
identification, the name of the microchin manufacturer and the identification number of
the microchip must be provided to the local animal control authoritv. If a reeulated
animal is sedated far anv reason and the animal does not have a microchip implanted, a
microchin must be implanted in the regulated animal. Within 30 days after the microchip
is implanted, the name of the microchip manufacturer and the identification number of
the microchip must be provided to the local animal control authority. A person sellina or
transferring ownership of offspring under six months of aee as nrovided in subdivision 2,
paza�raph (el, is encouraged to have a microchip implanted in the animal urior to the sale
or transfer. Within 30 days of acquisition, a person ac�uiring ownership of an offspring
with a microchip implanted shall complv with microchip information reporting
requirements under this section.
Sec.198.06. Nuisance.
No person shall keep any animal, bird or other living thing in such a manner as to
constitute a nuisance.
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Sec. 198.07. Enforcement.
The environmental health officer shail enforce the provisions of this chapter.
Sec. 198.08. Violation; penalty.
OS-(�3a
Any person who violates any provision of secrions 198.02, 198.03 198.055 or 198.06 is
guilty of a misdemeanor.
Section 2
This ordinance shall take effect and be in force thirty (30) days following its passage,
approval and publication.
Il�i 2 5 '�5
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUoffice/council: Date Initiated:
LP — ��seJlnspectiodEnvironPrat o�.,��-05 Green Sheet NO: 3027227
Contact Person & Phone• Deoarhnent Sent To Person InitiaVDate
ChrisSne Rozek � 0 icensellns ectio nviron Pr ����f�Of
2659108 /�jgn 1 ice elln ectioo/EnvironPro De artmentDirec[or
Must Be on Council Agenda by (Date): Number
2 ' Attome
For
RoUting 3 or's Oftice Ma odASSistant
Order 4 uncil
5 itv Clerk Citv Clerk i
Total # of Signature Pages _(Clip AII Lowtions for Signature)
Action Requested:
Approval of an Ordinance to bring Saint Paul Legislative Code, Chapter 198, into conformance with Minnesota Statute 21346.155 by
' adding language requiring owners to register regulated anunals.
, Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission �. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No ,
Civil Service Commission 2. Has this personlfrm ever been a city employee?
Yes No
,, 3. Dces this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
6cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Tlus language is housekeeping language to bring Chapter 198 into conformance with.existing Minnesota Law.
Advantages {f P.pproved:
Confoxmance with Minnesota State Law.
Disadvantastes If Approved:
, None.
. 0✓V4'1RI:� �YC�IITF1l+fi ] ��YIY4}F
. DisadvanWges If Not Approved: ��� Q��0��
- Saint Paul I,egislative Code will not conform with Minnesota Statutes.
ToWI Amount of Cost/Revenue Budgeted:
Transaction:
Fundins� Source: Activity Number:
Fi nancial Information:
(Explain)