Loading...
96-802L' Council File # 96-802 Ordinance # 35723 Green Sheet # ORDINANCE SAINT PAUL, M�NNESOTA C� Presented By Referred To Committee: Date An ordinance to amend Chapter 200 of the Legislative Code pertauung to anunals; allowing thatinvisible fences be used as secondary canine restraints. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 200.06. of the Saint Paul I.egislative Code is hereby amended to read as follows: "Sec. 200.06. Running at large. The license holder, owner or keeper of any canine shall be responsible for the effective restraint of such canine and sha11 not permit the canine to run at large. Any 4anine which is not effectively contained within a fenced area, or any canine which is on any unfenced area or lot abutting a street, alley, public pazk, public place or upon any other private land without being effectively restrained by chain or leash from moving beyond such unfenced area or lot, or any canine 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 lazge. A second violation of this section within one (1) year shall be punishable by a fine of at least fifty dollars ($50.00), but not more than three hundred dollars ($300.00). Invisible (undereround electricl fences mav be used as a secondatv restraint onl�and is not an acceptable replacement for a chain, leash or properlv fenced in area." Section 2 Section 200.12. of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 200.12. Dangerous animals. (a) Attack by an animal. It sha11 be unlawfiil for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily injury to any person or other animal whether or not the owner is present. Violation of this section sha11 be a misdemeanar punishable by a fine not to exceed seven hundred dollars ($700.00) or imprisonment for not to exceed ninety (90) days, or both. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement of£icer or to an attack upon an uninvited intrudex who has entered the owner's home with cruninal intent. G(� -�o`� (b) Destruction of dangerous animals. The health officer sha11 have the authority to order the destruction of dangerous animals. (c) Defznitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury or disfigurement to any person on public or private property; or b. Engaged in any attack on any person under circumstances wtuch would indicate danger to personal safety; or c. E�ibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1} or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) Apotentially dangerous animal is an animal which has: a. Bitten a human or a domestic animal on public or private property; or b. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an appazent attitude of attack; or c. Has the known history of propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enctosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, ot other struchue that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in whicA door or window screens aze the only barriers which prevent the animal from exiting. An invisible fence or other such electronic restrainine device shall not. under any circumstances. constitute a pro�er enclosure under this Chapter. Such enclosute shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following min3mum specifications: a. Have a minimusn overall floor size of thirty-two (32) square feet. b. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11- gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, 9� - ga � support posts shall be one-and-one-quarter-inch or lazger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a miniinum of eighteen (18) inches in the ground. c. A cover over the entire pen or kennel sha11 be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. d. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and sha11 also have no openings in the wire greater than two (2) inches. The gate sha11 be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked Unprovoked shall mean the condition in which the animal is not purposely excited, stunulated, agitaxed or disturbed. (d) Designation as potentialZy dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in subparagraph (c)(2). When an animal is declared potentially dangerous, the environxnental health officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. (e) Evidence justifying designation. The court or environmental health officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That such an animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) That such animal has been declazed potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (fj Authority to order destruction. The court or environmental health 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) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning 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. (g) Procedure. The court or environmental health officer, after having determined that an animal is dangerous, may proceed in the following manner: �Cn - �OZ (1) The environmental health o�cer shall cause one (1) owner ofthe animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the environmental health officer for a review of this deteimination. a. If no appeal is filed, the orders issued will stand or the environmental health officer may order the animal destroyed. b. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the environmental health officer, who shall set a date for hearing not more than three (3) weeks after demand for said hearing. The records of the office of license, inspections and environmental protection shall be admissible for consideration by the environmental health officer without fiuther foundation. After considering all evidence pertauring to the temperament of the animal, the environmental health officer shall make such order as he/she deems proper. The environxnental health officer may order that the animal control supervisor take the animal into custody for destnxction, if such animal is not currently in custody. If the animal is ordered into custody for desriuction, 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 section shall prevent the environmental health officer from ordering the immediate destruction of a rabies-suspected animal pursuant to section 200.11 of the Saint Paul Legislative Code. (3) Any person who harbors an animal 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 may apply to the district court of Ramsey County for subpoenas for hearings under paragraph (1)b. above. (h) Stopping an attack. If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the vicrim. (i) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if the animal is to be relocated from its current address or is given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any." Secfion 3 q� -�02 This ordinance shall be in force and take effect thirty (30) days following its passage, approval, and publication. Di ioi iaucn AUG 311996 Adopted by Council: By: Approved by Mayor: Date � d�e BY � ! �"� ��" �� Requested by Department of: Office of License. Inspections and Environmental Protection ���' , ��/ Form Approved by City Attorney By: r. � r... t�/�'� �.n�,e Approved by Mayor for Submission to Council By: / ' 1, �{r Adoption Certified by Council Secretary �Iln ' n�� oE LIEP roFFICE/COUNCIL DATE INITIATED GREEN SHEE , _ 3 5 7 2 3 7 j� 96 INRIAVDATE INRIAUDATE CONTACi PEBSON & PHONE O OEPARiMEM DIRECTOR a Cf(Y CAUNCIL Robert Ressler "��" �arrnrroaNSV �cmc�nK NUYBEif iON MUST BE ON COUNCIL AGENDA BY (DATEj aQMXG Q BU�GEf DIRECTOfi O FIN. 8 MGT. SERVICES DIR. ORDER a p�pypR (OR ASSISTAN'n � TOTAL # OF SI6NASUpE PAGES (CLIP ALL LOCATIONS FOR SIGNATIlpE) ACTI6N AEQUESTED: An ordinance amending Chapter 200 of the Legislative Code pertaining to animals; allowing that invisible fences be used as secondary canine restraints. RECAMMENDA7toNS:Appova(A)orAejeettA) pERSONALSERViCECONTRACiSMUSTANSWERTXEFOLLOWING�UESTIONS: _ PLANNING GOMMISSION _ CIVIL SERVICE COMMISSION S� H35 NIS pefSOn(fifttf eVet Wofked undCr e COMfdCt fOf Shis tlBP3rtT8nt? _ CIB CAMMIT7EE _ YES NO _ STn� _ 2. Has this person/firm ever been a city employee? YES NO _ DISTRIG7 COURT _ 3. Oces this personttirm sse55 a ski11 not nwmall 5ses5etl po y po by any wrte�t city employee? SUPPORTSWHICHCOUNCILO&IECTIVE9 YES NO Ezplaln all yes anawers on separate sheet and attach to green sheet , INITiATING PROBLEM, ISSUE, OPPORTUNITY (Wlw, Wlwt, When, Where, Why): ADVANTAGES IF APPROVE�: DISA�VANTAGE$ IFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIqCLE ONE) VES NO fUNDIHG SOURCE ACTIVI7V NUMBER PINANCIqL INFORMATION: (EXPLAIN)