08-463co���a F,ie a ���f l,� 3
Green Sheet # 3053174
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
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An ord'mance amending Chapter 200 to correct erroneous cross-
references, to allow shortened leash lengths for dangerous dogs and to
making it a misdemeanor to fail to surrender animals which have been
ordered to be seized.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 200.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.02. License required.
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(a) No person shall own, haxbor, 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, harbored, kept or maintained far three (3)
consecutive days or more, except that no license shall be required for dogs whose owners are temporarily
withm the city, nor to dogs brought into the city for the purpose of participating in any dog show. The
owner of a doE must notifv the Animal Control Officer if the actual residence whexe the doe is harbored,
keut or maintained chanees and must obtain a renlacement license which nroroerlv reflects the animal's
locarion. 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 shall 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.
Section 2
Secrion 200.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.05. Running at lazge.
The license holder, owner ox keeper of any dog shall be responsible far the effective xestraint of such
dog and shall not pernut the dog to run aY large. Any dog which is not effectively contained within a
fenced area, or any dog which is on any unfenced area or lot abutting a street, alley, public pazk, school
grounds or public place wuhout being effectively restrained by chain or leash from moving beyond such
unfenced area or lot, or any dog on any street, public park, school grounds or public place without being
effecrively restrained by chain or leash not exceeding six (6) feet in length, or a shorter len¢th if required
under S 200121(al(4), shall be deemed to be running at large. The provisions of this secrion shall not
apply to a dog if:
(1) The dog is present with an owner or keeper in an azea which as been officially desigiated and
posted as an off-leash dog area pursuant to section 170-06 of the Legislarive Code; and
(2) The dog has not been designated as potentially dangerous or dangerous under secrions 200.11 or
200.12 of the Legislative Code; and
(3) The dog has not been excluded from the particular off-leash dog area or the park in which such
area is located either for violarion of rules and regulations promulgated by the director or under section
170.10(e) of the Legislarive Code.
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Invisible (underground electric) fences may be used as a secondary restraint only, and are not an �� �� 3
acceptable replacement for a chain, leash or properly fenced-in area.
Secrion 3
Section 200.11 of the Saint Paul Legislarive Code is hereby amended to read as follows:
Sec. 20011. Potenrially dangerous animals.
(a) Potentially dangerous animals. A potentiatly dangerous animal is an animal which has:
(1) 4Vhen unprovoked, binen 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 anima] owner's property, in an appazent attitude of attack; or
(3) A lmown history or propensity, tendency or disposition to attack while unprovoked, causing
in}ury or otherwise threatening the safety of humans or domestic animals.
(b) Designation as potenrially dangerous animal. The environmental health officer shall designate any
animal as a potenrially dangerous animal upon receiving evidence that the animal meets any of the criteria
in subdivision (a). When an animal is declared potentially dangerous, the department of safety and
inspecrions shall cause the owner(s) of the potenrially dangerous animal to be norified in wnting that such
animal is potenrially 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 (1) or more of
the following 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 muzzled, and under the control of a person eighteen (18) years of age or older at all times it is
outdoors and not inside a proper enclosure.
(3) The owner may be required to show proof of up to date rabies vaccination and, if requzred,
licensing.
(4) If the animal is a dog, the owner shall purchase a lifetime dog 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 determined to be potentially dangerous and shall specify what, if any
conditions are being required of the owner. This notice shall state the date, rime, 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 determination or the imposition of condirions on maintaining the animal by requesting a
hearing before the department of safety and inspections hearing officer.
(1) If an owner requests a hearing, a date shall 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 department of safety and
inspections animal control, as well as police reports without the necessity far further foundation. After
considering all of the evidence, the hearing officer shall issue a written order which rejects or upholds the
deternunarion. If the hearing officer upholds the determination as potenrially dangerous, the order may
affirm or modify the conditions recommended by the environmental health officer. Tf as a result of
testimony or other evidence at the hearing there are grounds for declaring the 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 animal shall be seized. The animal may be reclaimed by the owner
as set forth in section 200.121(c).
(d) Subsequent offenses If an owner of an animal which has been declared potentially dangerous and is
subject to the condirions of this section has allegedly failed to comply with the condirions, the animal
must be seized by animal conh Notice shall be provided to the owner of the basis for the seizure and
the right to request a hearing before the department of safety and inspections hearing officer to determine
whether the conditions were violated. A request for hearing must be made within fourteen (14) days of
the seizure. If the owner fails to request a hearing within fourteen (14) days, or is found to have violated
the condifions, the deparhnent of safety and inspections hearing officer sha}} mav order the animal
destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If
the owner is found not to have violated the conditions, the owner may reclaim the animal under the
provisions of subsechon 200.121(c).
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(e) Review of designation. The environmental health officer may review the status of an animal which �i ,�� 3
has been deternuned to be potenrially dangerous if a period of two yeazs has passed without any further
incidents under section (a) above and may use discrerion in determining whether any condirions which
have been ordered are srill required.
Section 4
Secrion 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sea 200.12. Dangerous animals.
(a) Definirion. A dangerous animal is an animal which has: (1) Without provocarion caused bodily
injury or disfigurement to any person on public or private properiy; or
(2) Without provocation engaged in any attack on any person under circumstances which would
indicate danger to personal safety; or
(3) E�ibited 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
(5) Been found to be potentially dangerous and/or the owner has personal Irnowledge 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 otker indicarions which to a reasonable
person evidence that the animal has been or will be used, trained or encouraged to fight with another
animal; or whose owner has in custody or possession any training apparatus, paraphemalia or drugs used
to prepaze such animal to be fought with another animal.
(b) Designarion as dangerous animal. The environmental health officer shall designate any anima] 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 determined that an animal is dangerous,
may proceed in the following mauner:
(1) The owner(s) of the animal shall be notified in writing or in person that the animal has been
determined 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 200.12. This notice shall state the dates, rimes, places and
facts of the incidents which form the basis for the determinarion, and that the owner(s) have fourteen (14)
days to appeal the deternunarion by requesring a hearing before the deparhnent of safety and inspections
hearing officer.
a. Tf no appeal is filed, the orders issued will stand.
b. Tf an owner requests a hearing for determinarion as to the dangerous nature of the animal, the
hearing shall be held before the department of safety and inspections hearing officer not more than three
(3) �veeks after demand far said hearing. Pending a heanng 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 dog, will not be
pernutted to be outside without being in a proper enclosure or being restrained on a leash and wearing a
muzzle.
c. The records of the department of safety and inspections including those of animal control, and
any police reports relating to an attack or bite shall be adxnissible for consideration by the hearing officer
withoutfurtherfoundahon.
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 desixuction, if such animal is not currently 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) Nothing in this secrion shall prevent the environmental health officer from ordering the immediate
seizure and quarantine of a rabies-suspected animal.
(#3) The environmental health officer ar the animal owner may apply to the district court of the
county for subpoenasfor hearings under paragraph 200.11(c)(1) and 200.12(c)(1) above.
(d) Authority to arder destruction. The hearing officer, upon fmding that an animal is dangerous
hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based
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on a written order containing one (1) or more of the following fmdings of fact: �+ �%�D 3
(1) The animal is dangerous as demonstrated by a vlcious attack, an unprovoked attack, an attack
without waming or multiple attacks; or
(2) 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.
(e) Stopping an attack. If any police officer or animal control officer is wimess 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.
Section 5
Secrion 200.121 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.121. Dangerous animal requirements.
(a) Requirements. If the court or environmental health officer does not order the destruchon of an animal
that has been declared dangerous, the court or environmental health officer shall, as an altemative, order
any or all of the following, excepring for dogs, in which case all shall be applicable and which will be
reviewed on an annual basis by the animal control officer. If, in reviewing the conditions far keeping a
dangerous dog there have been no ordinance violations for a period of two years, the environmental
health officer may use discretion in deternuning whether the conditions set forth below are still required:
(1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in
secrion 200.01; and
(2) Post the front and the rear of the premises with clearly visible waming signs, mcluding a waming
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 paid in full in the minimum
amount of three hundred thousand dollars ($300,000.00). The owner shall have fifteen business days from
the request to show proof of msurance, except that if the animal is impounded, proof of insurance must be
demonstrated prior to the animal's release; and
(4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained
by a substantial chain ar leash (not to exceed si� three (6 3) feet in length) and under the physical restraint
of a person eighteen (18) 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 ar interfere with its vision or
respiration; and
(5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as
dangerous affixed to the dog's collar at all times as specified in Minnesota Statute 347,51; and
(6) Provides and shows proof of microchip identificahon as required in secrion 200.16; and
(7) All animals deemed dangerous by the environxnental health officer shall be registered with
Ramsey County within fourteen ( 14) days after the date the animal was so deemed and provide
satisfactory proof thereof to the environmental health officer.
(8) If the animal is a dog the dog must have a lifetime license and be up to date on rabies
vaccinarion. If the animal is a cat or ferret, it must be up to date with rabies vaccinarion.
(b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet
each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the
animal is dangerous and no appeal has been filed.
(c) Reclaiming animala A dangerous animal seized under subsection 200.121(a) or a potentiallv
daneerous animal seized under subsecrion 200.11(c)(2) may be reclaimed by the owner of the animal
upon payxnent of impounding and boazding fees, and presenring proof to animal control that each of the
requirements under subsection 200.121(b� or subsection 200.11(b) is fulfilled. An animal not reclaimed
under this section within fourteen ( 14) days may be disposed of as provided under section ''z9&.i�{ej
200.13, and the owner is liable to animal control for costs incurred in confining the animal.
(d) Subsequent offenses. If an owner of an animal which has been declared dangerous and is subject to
the conditions of this section has allegedly failed to comply with the conditions, the animal must be
seized by animal control. Notice shall be provided to the owner of the basis for the seizure and the right to
request a hearing before the deparhnent of safety and inspecrions hearing officer to detemune whether the
conditions were violated. A request for hearing must be made within fourteen (14) days of the seizure. If
the owner fails to request a hearing within fourteen (14) days, or is found to have violated the conditions,
the department of safety and inspecfions hearing officer shall order the animal destroyed in a proper and
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humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to
have violated the conditions, the owner may reclaim the animal under the provisions of subsection �,���
200.121(c).
(e) Registration fee. An owner of an animal that has been declared dangerous shall pay an annual
registration fee of seventy-five dollars ($75.00). If the animal has been impounded, the fee shall be paid
prior to the animal's release.
Section 6
Chapter 200 of the Saint Paul Legislative Code is hereby amended by adding Section 200.131 as follows:
Sec. 200.131. Failure to Surrender an animal.
Anv roerson who fails or refuses to surrender an animal to an animal control officer or police
officer unon demand after it has been found bv the environmental health officer to be daneerous and
ordexed into custodv for destruction or after it has been ordered seized bv the envirorunental health
officer nursuant to sections 200 06 200 11 200 12 or 200 121 shall be ¢uiltv of a misdemeanor.
Section 7
This ordinance shall take effect and be in force thirty (30) days following its passage, appxoval
and publication.
���CISy�L
J � N d 5 7008
AdoptedbyCouncil: Date ���1��
Adoption C�jied C c Se re
By:
Approved by May . D � U �
By:
Requested by Depariment oE
_ _' _ �—�� • �'
Form Approved by City Attomey
/ � �e �
By.
Fortn
for Submisvon to Council
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUoffice/council:� Date Initiated:
S , -o��.oFSaf� 3a,�R-08 Green Sheet NO: 3053174
Contact Person & Phone: �
Christine A. Rozek
266-9108 , /�sign
Must Be on Council Agenda by (Date): Numbe
For
Routin
Doa Type: ORDINANCE ' Order
E-Dacument Required: Y
Document Contact: Robert Humphrey !
Contac[ Phone: 266�J123 �
Department Sent To Person Initiai/Date
0 Dept of Safety & Inspections _ _
� 1 Deoc ofSafetv & Inspecfioos Deoartme�t D'vector �
� 2 �Cl'N AttomeV -- --
g . 3 �YlaVar's Office Mayor/ASSistant ' .
� 4 Council ' �
5 � Clerk Ciry Clerk �
Total # of Signature Pages _(Clip All Locations for Signature) i
Action Requested: -- ---
Approval of an Ordinance providing necessary "housekeeping" to Chapter 200 of the Saint Paul Legislative Code. In addifion, this
IegisVation allows the City to require short leashes as a condition of issuing a dog license and clarifies existing language making it a
misdemeanor for failure to surrender an animal to the City. �
itlanons: Approve (A) or R
Planning Commission
CIB Committee
Civii Service Commission
1 Has this person/firm ever worked under a contract for this department?
Yes No
2. Has ihis person/firm ever been a city employee�
Yes No
3. Dces this personlfirm possess a skill not normally possessetl by any
Current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, OpporlunHy (Who, What, When, Where, Why):
Current legislation contains ecroneous cross-references and does not allow the City ro require short leashes. In additioq clarification
of the language making it a misdemeanor for failure to sunender an animal should make it easier to gain control of dangerous animals.
- Advantages IfApproved:
l
Disadvantages If Appraved:
�_.�
: Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Apri{ 30, 200810:53 AM
Cost/Revenue Budgeted:
Activity Number:
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