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.
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(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,
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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:
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(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
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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
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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
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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)