09-892Amended 8/26/09 FAILED 1014/2009 Council F;te # � g9a-
Green Sheet # 3073476
ORDINANCE
CITY O
Presented by
NT PAJ.JL, MINNESOTA
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1 An ordinance amending Chapter 198 of the Saint Paul Legislative Code to
2 allow keeping of three or fewer chickens without a petition requirement, to
3 prohibit the keeping of roosters and moving the requirement for a permit to
4 have �a�ee or more dogs from §200.15
5 four
6 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
8 Section
t0 Chapter 198 of the Saint Paul Legislative Code is hereby amended to read as follows:
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13 Sec. 198.01. Definitions.
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15 As used in this chapter, the terms defined in this section shall have the meanings ascribed to them:
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17 Environmental health officer. "�'~- °~'°„��°'*'� �FF°°°" means the �:°�- °�*°"�°°'*'� ��'��°- �
Ig ; re,..,.,. „�.we r:... ,.r c,,:„, n....� Director of the Devartment of Safety and Inspections or his/her
19 desi�nee.
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21 Regulated animal. "D°rt.. ° -�°"' means:
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23 (1) All members of the Felidae family including but not limited to, lions, tigers, cougars,
24 leopazds, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized
25 as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a
26 national or international multibreed cat registry association;
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(2) Bears;
(3)
(4)
All nonhuman primates, including, but not limited to lemurs, monkeys, chimpanzees,
gorillas, orangutans, marmosets, lorises, and tamarins; and
Any hybrid or cross between an animal listed herein and a domestic animal, and any
ofFspring from all subsequent generations of those crosses or hybrids.
36 Wild or exotic animal. "`x':'a ^„:^�^"' �- "�°^*:^ ^�:--�°"' means any mammal, amphibian, reptile or bird
37 which is of a species not usually domesticated, and of a species which, due to size, wild nature or other
38 characteristic, is dangerous to humans. The term includes animals and birds, the keeping of which is
39 licensed by the state or federal government, such as wolves, raptors and pheasants. By way of example and
4o not of limitation, the term includes: snakes, eagles, weasels, badgers, deer and bison. The term also
41 includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Any wild or exotic
ay_gqa�
42 animal which also fits the definition of a"regulated animal" shall be treated as a regulated animal for the
43 purpose of this chapter.
44 Sec. 198.02. Permits required; exceptions.
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46 (a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on any lot or
47 premises within the city without a permit.
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49 (b) Smail arcimals and bir-ds of the orders Anseriformes and Galliformes. No person shall keep or permit
50 more than one (1) live rabbit, or any mink, ferret, female chicken, turkey, duck, goose or pigeon or similaz
51 small animal or bird, in any dwelling or on the same lot or premises with a dwelling or other premises
52 within the city without a permit. This pazagraph does not apply to any single dove or any other small bird,
53 ar any chinchilla, hamster, gerbil, white rat, mouse or guinea pig maintained as a pet.
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55 (c) Public health and safery. To protect any person or neighboring use, or to protect the public health and
56 safety, the environmental health officer may require permits for any animals being kept or maintained in a
57 manner or number that may result in unsanitary conditions, unreasonable noise or odors, or annoyance, or
5s the attraction of rodents or insects.
59 (d) Bees. No person shall keep or allow to be kept any hive or other facility for the housing of bees within
6o the city without a permit.
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(e) 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
government.
( fl 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.
69 � Maximum number ofdo2s. No person shall keep harbor or maintain more than three (3) doqs of over
70 the age of three (3) months within anv individual dwelline unit or on any lot or other parcel of oroperty in
71 the citv without a permit•
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73 (g h) Exceptions. This section does not apply to animals which are temporarily brought into the city for the
74 purpose of participating in any circus or show; nor does it apply to any public zoo, or persons temporarily
75 keeping animals for a public zoo as volunteers, docents or otherwise; nar to any bona fide research
76 institution, or veterinary hospital, provided protective devices adequate to prevent such animal from
77 escaping or injuring the public are provided.
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�9 Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
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81 (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint Paul any of the
8z following animals:
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84 (1) Any animal or species prohibited by federal or Minnesota law.
85 (2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a
86 likelihood of harm to the animals themselves, to human beings or to the property of human
8� beings, or which constitutes a public or private nuisance.
d 9� ��a
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(3)
(4)
(5)
(6)
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�g)
Any skunk, whether captured in the wild, domestically raised, descented or not descented,
vaccinated against rabies or not vaccinated against rabies.
Any regulated animal obtained after January 1, 2005.
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 wolves.
Any raccoon.
Any red-eared turtle (Pseudemys scriptae-legans ) with a shelllength of less than four (4)
inches.
(9) Any sugar glider (Petaurus breviceps).
1�0,� Any male chicken.
100 Any person keeping any prohibited animal identified above may have it seized immediately by animal
lol control.
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103 (b) Exceptions.
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105 (1) This section does not apply to animals which are temporarily brought into the city far the
106 purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping
107 animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or
108 veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring
109 the public are provided.
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111 (2) In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155, subd. 7 shall
112 apply.
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114 Sec. 198.04. Permit; application, procedures, term and fee.
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116 (a) Application. Any person desiring a permit required under the provisions of section 198.02 shall
117 make written application therefar to the environmental health officer upon a form prescribed by and
118 containing such information as required by the environmental health officer. Among other things, the
119 application shall contain the following information:
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(1)
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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 further information as may be required by the environmental health
officer.
o�-���--
134 (b) Consent. The applicant for any permit required under the provisions of section 198.02 shall
135 provide with the application the written consent of seventy-five (75) percent of the owners or occupants of
136 privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the
137 premises for which the permit is being requested or, in the alternative, proof that applicant's property lines
138 are one hundred fifty (150) feet or more from any structure. However, where a street separates the premises
139 for which the pernvt is being requested from other neighboring property, no consent is required from the
140 owners or occupants of property located on the opposite side of the street. Where a property within one
141 hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent
14z of the owner or manager, or other person in charge of the building.
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144 (b)(1) Exception to the consent requirement. Notwithstanding the fore�oinQ, a oermit to keen three
145 (3) or fewer female chickens shall not require the consent provisions in para�ranh (b�
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147 (c) Fees, term ofpermit. For all permits issued hereunder, the fee shall be established by ordinance
148 as provided in section 310.09(b) of the Legislative Code. The term of the permit shall be one (1) year from
149 date of issuance, and the permit may be renewed from year to year with payment of an additional fee,
15o established by ordinance as provided in section 310.09(b) of the Legislative Code, upon application to the
isl environmental health officer; provided, however, that upon any adverse action or violation of the
152 conditions of the permit or substantial amendment to the permit application as originally described, a new
153 application, fee and investigation may be required before the granting of a permit or renewal thereof.
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I55 (d) Investigazion by environmental heatth off eer, may gvant permit. The environmental health
156 officer shall make such investigation as is necessary and may grant, deny or refuse to renew any
157 application for permit under this chapter.
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159 (e) Permit; conditions. If granted, the permit shall be issued by the environmental health officer and
16o shall state the conditions, if any, imposed upon the permittee for the keeping of animais under the permit.
161 The permit shall specify the restrictions, limitations, conditions and prohibitions which the environmental
162 health officer deems reasonably necessary to protect any person or neighboring use from unsanitary
163 conditions, unreasonable noise ar odars, or annoyance, or to protect the public health and safety. Such
164 pennit may be modified from time to time ar revoked by the environmental health officer for failure to
165 conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective
166 from and after ten (10) days following the mailing of written notice thereof by certified mail to the person
167 or persons keeping or maintaining such animals.
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169 ( fl Refusal to grant or renew a permit. The environmental health officer may refuse a permit to
170 keep or maintain animals hereunder for failure to comply with the provisions of this chapter, if the
171 facilities far the keeping of the animals are or become inadequate far their purpose, if the conditions of the
172 permit are not met, if a nuisance condition is created, or if the public health and safety would be
173 unreasonably endangered by the granting of such permit.
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175 (g) Numbers of animals; species. The permit shall state the maximum number and species of
176 animals which may be maintained on the premises. The permittee shall not exceed the maximum number
17� of animals allowed on the permit or substitute the animals with different species. A permittee that wishes
178 to increase the number of animals allowed or to substitute or add a different species to those listed on the
179 permit, shall be required to apply for a new permit and pay the appropriate fee.
�y-g��
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181 Sec. 198.05. Rules and regulations; conditions of permits.
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183 (a) RuZes and regulations. The environmental health officer shall promulgate nzles and regulations
184 prescribing the general conditions, limitations and prohibitions applicable to the keeping of animals or
185 classes of animals under permits granted pursuant to the provisions of this chapter. Such rules and
186 regulations, and any amendments thereto, are effective twenty (20) days after filing with the city clerk.
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188 (b) Special conditions. The environmental health officer may prescribe specific conditions,
t 89 limitations and prohibitions pertaining to the keeping of particulaz animals under any permit granted
190 pursuant to the provisions of this chapter as the environmental health officer deems reasonably necessary
191 to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or
192 annoyance, or for the control of rodents and insects, or to protect the public health and safety.
193
194 Sec. 198.055. Regulated animal registration.
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196 (a) Within 60 days after January 1, 2005, a person who possesses a regulated animal must notify in
197 writing the animal control officer using a registration form prepared by the Minnesota Animal Contro]
198 Association and approved by the boazd of animal health. The notification shall include the person's name,
199 address, telephone number, and a complete inventory of each regulated animal that the person possesses.
20o The inventory shall include the following information: number and species of each regulated animal; the
201 microchip number and manufacturer for each regulated animal if available; the exact location where each
202 regulated animal is kept; and age, sex, colar, weight, scars, and any distinguishing marks of each regulated
203 animal. A certificate of registration shall be issued to the possessor upon payment of the registration fee,
204 and if necessary, the site inspection fee. Fees for registration and site inspections shall be in the amounts as
205 set forth in § 310.18.
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20� (b) A person who possesses a regulated animal must notify animal control in writing within ten (10)
208 days of a change in address or location where the regulated animal is kept.
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zlo (c) A person with a United States Department of Agriculture license for regulated animals shall
211 forward a copy of the USDA inspection report to animal control within thirry (30) days of receipt of the
212 inspection report.
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(d) If a person who possesses a regulated animal has a microchip implanted in the animal for
identification, the name of the microchip manufacturer and the identification number of the microchip must
be provided to the local animal control authority. If a regulated animal is sedated for any reason and the
animal does not have a microchip implanted, a microchip must be implanted in the regulated animal.
Within thirty (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
selling or transferring ownership of offspring under six (6) months of age as provided in Minn. Stat. §
346.155, subd. 2, para. (e), is encouraged to have a microchip implanted in the animal prior to the sale or
transfer. Within 30 days of acquisition, a person acquiring ownership of an offspring with a microchip
implanted shall comply with macrochip information reporting requirements under this section.
Sec. 198.06. Nuisance.
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227 No person shall keep any animal, bird or other living thing in such a manner as to constitute a
228 nuisance.
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230 Sec. 198A7. Enforcement.
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232 The environmental health officer shall enforce the provisions of this chapter.
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234 Sec. 198.08. Violation; penalty.
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236 Any person who violates any provision of sections 198.02, 198.03, 198.055 or 198.06 is guilty of a
237 misdemeanor.
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239 Section 2
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241 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
242 publicarion.
243
Bostrom
Stark
Thune
Yeas Nays Absent Requested by Departrnentof:
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By: �� �- � f�
� Approved by the Office of Financial Services
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by Council: Date /Q �
Adoprion Ce fied by Council Secretary
BY� % l!l��Pl�' �/ e�<.L�50i'J
Approved by Mayox: Date
By:
Approved by City ttomey
BY� "� �/"C(�.G 12G� -S..J � �C — r�-
Appro ` d y M y � Submissio o Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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i DepartmenUOfficelCouncil: I Date Initiated: �
'� S� _Dept.ofSafery8lnspections i pg_�UL-09 i Green Sheet NO: 3073476
! Confact Person & Phone:
� Chnstine A. Rozek
' 266-9108
; Must Be on Council Agenda by (Date):
� Doa Type:ORDINANCE
E-DOCUmentRequired: Y
Document Contact: Robert L. Humphre
�
Assign
Number
For
Routing
Order
Contact Phone: 266-9123 I
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of an Ordinance amending Chapter 198 of the Saint Paul Legislative Code to allow keeping of three or fewer chickens
without a peritiion requirement, to prohibit the keeping of roosters and moving the requirement for a permit for three or more dogs
from Chapter 20015 to Chapter 198.02.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Foliowing Questions:
1. Has this person/firm ever worked under a contract for this depaAment?
Yes No �
2. Has this person(frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normalty possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The sustainable, green movement encourages citizens to have their own chickens thereby creating a sustainable source of eggs for a
family. Roosters are prohibited due to noise and fighting concems. The moving of the requirement [o keep more than three dogs is
merely housekeeping in nature.
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total AmouM of -
Transaction:
Funding Source:
Financial lnformation:
(Explain)
CosVRevenue Budgeted:
Activity Number.
July 29, 2009 11:12 AM Page 1