Title
Changing references in the Legislative and Administrative Codes from Animal Control to Animal Services and correcting typographical errors.
Body
SECTION 1
WHEREAS, Chapter 13 of the Saint Paul Administrative Code enumerates the general authority of the Department of Safety and Inspections; and
WHEREAS, Chapters 198-202, 225, 293, and 347-348 of the Saint Paul Legislative Code enumerate specific laws and regulations related to animals and animal services and duties; and
WHEREAS, the Department of Human Resources renamed the job titles of those performing animal services work to be aligned with the many duties relating to maintaining a safe and vibrant animal community; and
WHEREAS, the animal control program provides a wide variety of critically important services for residents and animals that extend beyond control, such as sheltering, rehoming, investigations, and health services, and the name “Animal Control” is not an accurate description of the program’s responsibilities and services; and
WHEREAS, there are typographical errors the correction of which does not impact the meaning of these code sections but which, when fixed, will improve the understanding and interpretation of the code; now, therefore, be it
RESOLVED, the City of Saint Paul does hereby ordain:
SECTION 2
Title I, Chapter 13 of the Saint Paul Administrative Code is amended to read as follows:
Sec. 13.02. General responsibilities enumerated.
(b) Animal control Services. The department of safety and inspections shall have duties related to animal control services. The duties shall include the following:
(1) Enforcement of animal control services laws.
(2) Rabies control
(3) Maintenance of animal control services facility for impounding and boarding of animals.
SECTION 3
Title XX, Chapter 198 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain, sell or harbor within the City of Saint Paul any of the following animals:
(1) Any animal or species prohibited by federal or 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) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies.
(4) Any regulated animal obtained after January 1, 2005.
(5) Any member of the family Canidae, such as wolves, dingoes, coyotes and jackals, except domesticated dogs.
(6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves.
(7) Any raccoon.
(8) Any red-eared turtle (Pseudemys scriptae-legans) with a shell length of less than four (4) inches.
(9) Any sugar glider (Petauras breviceps).
(10) Any male chicken (rooster).
Any person keeping any prohibited animal identified above may have it seized immediately by Aanimal control Services.
Sec. 198.055. Regulated animal registration.
(a) Within 60 days after January 1, 2005, a person who possesses a Rregulated Aanimal must notify in writing the Aanimal control Services Oofficer using a registration form prepared by the Minnesota Animal Control Association and approved by the board of animal health. The notification shall include the person's name, address, telephone number, and a complete inventory of each Rregulated Aanimal that the person possesses. The inventory shall include the following information: number and species of each Rregulated Aanimal; the microchip number and manufacturer for each Rregulated Aanimal if available; the exact location where each Rregulated Aanimal is kept; and age, sex, color, weight, scars, and any distinguishing marks of each Rregulated Aanimal. A certificate of registration shall be issued to the possessor upon payment of the registration fee, and if necessary, the site inspection fee. Fees for registration and site inspections shall be in the amounts as set forth in § 310.18.
(b) A person who possesses a Rregulated Aanimal must notify Aanimal control Services in writing within ten (10) days of a change in address or location where the Rregulated Aanimal is kept.
(c) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the USDA inspection report to animal control services within thirty (30) days of receipt of the inspection report.
(d) If a person who possesses a Rregulated Aanimal 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 Aanimal control Services authority. If a Rregulated Aanimal 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 Aanimal control Services 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 microchip information reporting requirements under this section.
SECTION 4
Title XX, Chapter 199 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 199.01. Definitions.
For the purposes of this chapter, the definitions found in Chapter 200 shall apply, where consistent, as well as the following definitions:
(1) Dog. The word "dog" means and includes any male or female animal of the dog kind.
(2) Cat. The word "cat" means and includes any domesticated feline animal, male or female, whole or neutered.
(3) Vaccination against rabies. The term "vaccination against rabies" refers to and means the inoculation of a Ddog or Ccat with a rabies vaccine. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine.
(4) Rabies control authority. The term "rabies control authority" refers to and means any duly authorized person or persons responsible for the enforcement of this Cchapter in accordance with the directions of the Animal Services ManagerEnvironmental Health Officer.
(5) Environmental health officer. "Environmental health officer" shall mean the environmental health officer or inspector of the City of Saint Paul.
(65) Aanimal control Services supervisor Manager. "Aanimal control Services supervisor Manager" shall mean the Aanimal control Services supervisor Manager of the City of Saint Paul or designee.
(76) Animal control Services Oofficer. "Aanimal control Services Oofficer" shall mean any officer employed by the city either part time or full time, temporary or permanent, which is responsible for Aanimal control Services enforcement within the city.
(87) Owner. "Owner" shall mean the license holder or any other person or persons, firm, association or corporation owning, keeping or harboring an animal. Any person keeping or harboring an animal for five (5) consecutive days shall, for the purposes of this Cchapter, be deemed to be an owner thereof.
Sec. 199.07. Impoundment of Ddogs, Ccats and ferrets without valid rabies vaccination tags.
Any Ddog, Ccat or ferret found off the Oowner's premises and not wearing a valid rabies vaccination tag may be impounded. All impounded Ddogs, Ccats or ferrets shall be given proper care and maintenance. Impoundment of all animals shall be in accordance with the provisions of Chapter 200 of the Saint Paul Legislative Code. No Ddog, Ccat, or ferret may be released to an Oowner from the Saint Paul Animal control Services Center without a valid rabies vaccination. Dogs, Ccats, or ferrets that were unvaccinated at the time of impoundment shall be vaccinated prior to release and the owner shall be charged with the cost of vaccination as provided in section 310.09(b) of the Legislative Code. If the Oowner of a Ddog, Ccat or ferret impounded because of the absence of a valid rabies vaccination tag claims that his or her animal has been vaccinated, such Oowner may reclaim his or her Ddog, Ccat or ferret upon production of proof of vaccination, payment of all impounding fees, and proof of a valid rabies vaccination. If a Ddog, Ccat or ferret impounded pursuant to this section is unclaimed by its Oowner at the end of five (5) days, such animal may be disposed of in accordance with provisions of section 200.13 of the Saint Paul Legislative Code.
Sec. 199.08. Investigation.
(a) The Rrabies Ccontrol Aauthority, Aanimal control Services Oofficer or any police officer is authorized to enter any yard or any open kennel in which a Ddog, Ccat or ferret is kept or harbored for the purpose of determining whether such Ddog, Ccat or ferret is wearing a valid rabies vaccination tag.
(b) The Rrabies Ccontrol Aauthority, Aanimal control Services Oofficer or any police officer, having reasonable cause to believe a health hazard exists by virtue of an Oowner’s noncompliance with the provisions of this Cchapter, is authorized to apply to the appropriate authority as otherwise permitted by law for a warrant empowering him to enter the dwelling, residence or place of abode of the Oowner of a Ddog, Ccat or ferret and to demand the exhibition by the Oowner of such Ddog, Ccat or ferret and/or rabies vaccination tag and/or rabies vaccination certificate.
Sec. 199.11. Biting; quarantine.
When any person has been bitten by a Ddog, Ccat or ferret, the Oowner or custodian of the Ddog, Ccat or ferret, having been so notified, shall immediately quarantine the Ddog, Ccat or ferret at Oowner’s home or other suitable place of confinement within the city or such other place as directed by the environmental health officerAnimal Services Manager. If a Ddog, Ccat or ferret which has bitten is running at large and has been apprehended by the Aanimal control Services supervisor Manager, and if, upon apprehension, the Ddog, Ccat or ferret bears no identification which reasonably reveals its ownership, the Aanimal control Services supervisor Manager may impound the Ddog, Ccat or ferret until the quarantine period is completed. If the Ddog, Ccat or ferret has not been claimed after five (5) days, the environmental health officerAnimal Services Manager may either immediately destroy the Ddog, Ccat or ferret and submit the carcass for rabies examination or keep the Ddog, Ccat or ferret impounded for the full quarantine period. The period of quarantine shall commence immediately after a person has been bitten and such period shall last for ten (10) consecutive days thereafter. If on or before the tenth day the Ddog, Ccat or ferret shows clinical signs suggestive of rabies, the Ddog, Ccat or ferret may be killed for rabies examination. If any of the following animals: skunk, raccoon, fox, coyote, bobcat or bat, bites a human, a Ddog, a Ccat, a ferret or any livestock, that animal shall be killed immediately and the carcass submitted for rabies examination. When other animal species are involved in a biting incident with a human or any other animal, the environmental health officerAnimal Services Manager shall determine whether the animal, based on the prevalence of rabies in the region, is a rabies suspect. Animals deemed to be a rabies suspect shall be killed immediately and the carcass submitted for rabies examination. Animal species including livestock, rodents (squirrels, hamsters, guinea pigs, gerbils, chipmunks, rats and mice) and lagomorphs (rabbits and hares) may be considered rabies suspects on an individual basis. If at the end of the ten-day quarantine period the Ddog, Ccat or ferret appears to be normal, the quarantine will be terminated. During the quarantine period the Ddog, Ccat or ferret shall be securely confined in a building or in a yard enclosed by a fence so constructed that the Ddog, Ccat or ferret cannot get through or over and which will not permit other animals or persons to enter and will prevent the Ddog, Ccat or ferret from coming in contact with other animals or persons other than the custodian. Upon request the animal Oowner or custodian shall make the Ddog, Ccat or ferret available to the Aanimal control Services supervisor Manager for inspection at any reasonable time during the quarantine. The Ddog, Ccat or ferret shall not be killed unless it cannot be safely secured. If the Ddog, Ccat or ferret is killed, dies, becomes sick or escapes within the quarantine period, the Oowner, custodian or agent thereof must notify the Aanimal control Services supervisor Manager of the City of Saint Paul immediately. When it is necessary to quarantine a Ddog, Ccat or ferret under this Cchapter, the cost and expense of such quarantine shall be borne by the Oowner or agent of the Oowner of the Ddog, Ccat or ferret.
SECTION 5
Title XX, Chapter 200 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 200.01. Definitions.
As used in this Cchapter, unless the context otherwise indicates:
Adoption means the transfer of ownership of an Aanimal from Saint Paul Animal control Services to an individual or individuals but does not include transfer to an approved rescue organization.
Altered dog means a Ddog which has been spayed or neutered or has been found incapable of withstanding spaying or neutered by a licensed veterinarian.
Animal means any individual member of any of the species of birds, fish, amphibians, reptiles, insects, arachnids, crustaceans or mammals except homo sapiens.
Aanimal control Services supervisor Manager means the person designated by the director of the department of safety and inspections to make an initial determination of whether an Aanimal is Ppotentially Ddangerous or Ddangerous based upon review of complaints or reports of aggressive behavior.
Approved rescue organization means an organization operated not for profit and designated as such by section 501(c)(3) of the Internal Revenue Code, whose primary stated purpose is animal adoption, animal rescue, animal sheltering, or the prevention of cruelty to animals, and includes any animal shelter, humane society, society for prevention of cruelty to animals, or animal fostering organization that has been approved as a transfer partner with the Saint Paul Animal control Services Center.
Sec. 200.02. License required.
(a) No person may own, harbor, keep or maintain in the city any Ddog over three (3) months of age for three (3) consecutive days or more without a license. Dogs whose Oowners are temporarily within the city, and Ddogs brought into the city for the purpose of participating in any dog show are exempt from this requirement. Rescue Ddogs are exempt for a period of not more than six (6) months. The owner of a Ddog must notify the Aanimal control Services Oofficer if the actual residence where the Ddog is harbored, kept or maintained changes, and must obtain a replacement license which properly reflects the Aanimal’s location. Any properly identified Sservice Ddog will be issued a dog license at no charge. No license will be issued to any person under the age of eighteen (18). A minor who owns a Ddog in the city must have the dog license issued in the name of a parent or guardian on his/her behalf.
(b) New and renewal applications for licenses will require the Oowner, in addition to any other information required by the Aanimal control Services supervisor Manager, to supply the name, age, breed, sex, color and markings, proof as to whether the Aanimal has been spayed or neutered and proof of up to date rabies vaccination shots, if any, of each Ddog sought to be licensed. Proof of rabies vaccination shots may be in the form of a certificate signed by the administering veterinarian, verbal confirmation by the veterinary facility that rabies shots have been given, or by certification signed by the Oowner. In addition, the Oowner shall provide information on whether the Aanimal has been declared Ddangerous or Ppotentially Ddangerous in any other municipality. If the Oowner has been convicted of a violation of section 200.10, relative to the Ddog sought to be licensed, the Oowner must provide proof of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00). Providing false licensing information to Aanimal control Services is a petty misdemeanor.
(c) Licenses will be available for purchase at the city animal control services facility and at the department of safety and inspections. Veterinarians, pet shops, animal facilities and pet grooming facilities who provide a service for Ddogs may also act as deputy license vendors. Procedures for the issuance of such licenses will be established by the department of safety and inspections. Such establishments shall be required to inform their clients that the city requires that all Ddogs be licensed.
Sec. 200.04. Dog tags; replacements; records, etc.
Upon payment of the license fee, DSI or an authorized agent shall issue to the Oowner a license certificate and a metallic tag for each Ddog so licensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the license certificate. Every Oowner of a Ddog required to be licensed shall be required to provide such Ddog with a collar to which the license tag must be affixed, and the collar with tag attached must be worn by such Ddog at all times. In the event a dog tag is lost or destroyed, a replacement shall be issued by the Aanimal control Services supervisor Manager upon presentation of the receipt for the license fee paid for the current year and the payment of a fee as specified in section 310.18 of the Legislative Code. Dog tags shall not be transferred from one (1) Ddog to another. The Aanimal control Services supervisor Manager shall keep a record of all dog licenses issued, with the name and residence of the person to whom issued and the number designated upon the metal tag furnished therewith. Licenses are not transferable from one Oowner to another.
Sec. 200.06. Seizure, impoundment, release.
(a) Any unlicensed dog and any Ddog Rrunning at Llarge is hereby declared to be a public nuisance. The director of DSI or his/her designee is authorized to employ, in a situation that he/she deems to be an emergency such additional temporary Aanimal control Services Oofficers as necessary to capture and hold such Ddogs and to pay temporary Aanimal control Services Oofficers on a fee basis.
(b) Any person may seize, impound or restrain any Ddog which he may find Rrunning at Llarge in the city and hold such dog for the Aanimal control Services supervisor Manager or deliver such Aanimal to the Saint Paulcity Aanimal control Services Ccenter.
(c) Any Aanimal that is found to be in circumstances which to a reasonable person indicate that the Aanimal has been or will be used, trained or encouraged to fight with another Aanimal, or any Aanimal whose Oowner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such Aanimal to be fought with another Aanimal, is hereby declared to be a public nuisance and shall be immediately seized and taken to the Saint Paulcity Aanimal control Services Ccenter.
(d) Any Aanimal which meets the definition of a Ddangerous Ddog found in §section 200.01 may be seized and held at Aanimal control Services pending a determination that the Aanimal is Ddangerous or Ppotentially Ddangerous. No Aanimal will be released prior to the hearing without a proper rabies vaccination (when applicable), payment by such Oowner of the sums required by section 200.07, and a current license if one is required. The Aanimal control Services supervisor Manager may require, as a condition of releasing the Aanimal prior to the hearing, that the Oowner post warning signs indicating that the Ddog is Ddangerous, and show proof of a liability insurance policy in the amount of three hundred thousand dollars ($300,000.00) if the attack or bite involved serious injury requiring medical treatment for the victim or there is reason to believe that the Aanimal will not be properly maintained during the appeal process.
(e) Any Aanimal which is found in circumstances which would lead a reasonable person to believe that its health is endangered shall be immediately seized by the Aanimal control Services supervisor Manager or any of his/her duly authorized assistants, or any peace officer, or any person duly authorized in writing by the Aanimal control Services supervisor Manager and taken to the Saint Paulcity Aanimal control Services Ccenter or to a veterinarian if necessary for immediate treatment.
(f) It shall be the duty of the Aanimal control Services supervisor Manager or any of his/her duly authorized assistants, or any peace officer, or any person duly authorized in writing by the Aanimal control Services supervisor Manager, to capture, seize and deliver to the Saint Paulcity Aanimal control Services Ccenter, or to any suitable place to be approved by the Aanimal control Services supervisor Manager, any Aanimal found Rrunning at Llarge within the city contrary to the provisions of this Cchapter and any Ddog found within the city unlicensed or not wearing the metal tag provided for in this Cchapter in violation of the provisions of this Cchapter. All Aanimals conveyed to the animal control services center shall be kept, with kind treatment and sufficient food and water for their comfort, at least five (5) days after the impounding thereof, unless sooner reclaimed by their Oowners as herein provided. Animals seized under this subdivision may be released from the animal control services center upon payment by such Oowner of the sums required by section 200.07. Said payments shall be made to the Aanimal control Services supervisor Manager, in return for which the Oowner shall receive from the Aanimal control Services supervisor Manager a receipt showing that the fees have been paid, and if the Aanimal reclaimed is a Ddog, a regular license and tag for such Ddog shall be issued upon presentation of such receipt to the license inspector. If the Oowner of the Aanimal seized or impounded under the provisions of this Cchapter does not resume possession of said Aanimal by compliance with the foregoing provisions within five (5) days after the seizure or impounding thereof, said Oowner shall forfeit all right of property in such Aanimal.
(g) No Aanimal will be released without proper restraint (collar, leash, box, etc.). The animal control services center may make the items available for sale at a reasonable cost for Oowners who are unable to provide restraint when they come to reclaim the Aanimal.
Sec. 200.07. Fees for impounding and boarding.
(a) Any Aanimal captured and impounded under the provisions of this Cchapter will be released upon the payment of an impound fee, plus an additional board charge for each day or fraction of a day during which the Aanimal is impounded, excluding the date of impoundment, and any veterinary costs incurred during the Aanimal’s impoundment, including rabies vaccination, when applicable, and microchipping, if required or requested. If the impounded Aanimal is a Ddog and said Ddog is unlicensed, in addition to the impounding and boarding fee, the Ddog will not be released without the payment of the prescribed license fee, as well as a fee of fifty-two dollars ($52.00). The designated fees under this Cchapter shall be established by ordinance as provided in section 310.09(b) of the Legislative Code.
(b) The Oowner of a Ddog which is found Rrunning at Llarge a second time within a one-year period shall be subject to a fee of fifty-two dollars ($52.00). If the Aanimal is found Rrunning at Llarge a third time within one year the Oowner shall be subject to a fee of one hundred four dollars ($104.00). A fourth violation for Rrunning at Llarge within one (1) year will result in a declaration that the Aanimal is a nuisance, and subject to destruction by the Aanimal control Services Oofficer. These penalties are in addition to any fees or penalties under section (a).
(c) When a Ddog is impounded for Rrunning at Llarge, and has not been spayed or neutered, the Oowner shall be subject to a fee of one hundred four dollars ($104.00). If the Aanimal is found Rrunning at Llarge a second time within one (1) year, and has not been spayed or neutered, the Oowner shall be subject to a fee of one hundred fifty-five dollars ($155.00). If the Aanimal is found Rrunning at Llarge a third time and has not been spayed or neutered, the Oowner shall be subject to a fee of two hundred seven dollars ($207.00). These charges are in addition to the fees set forth in subdivisions (a) and (b).
(d) The department of safety and inspections may waive the additional charges for Ddogs which meet the definition of an Aaltered Ddog. Additionally, any Oowner who has been charged a higher license fee for having an unaltered Ddog may be refunded the difference if, within forty-five (45) days of the Ddog being claimed the Oowner shows written proof from a veterinarian that the Ddog has been Aaltered.
(e) A designation that an Aanimal is a nuisance and subject to destruction must be in writing and state the dates, times, places and facts of the current and prior incidents of Rrunning at Llarge which form the basis for the determination, and that the Oowner(s) have fourteen (14) days to appeal the determination by requesting a hearing before the department of safety and inspections hearing officer.
(1) If no appeal is filed, the orders issued will stand and the Ddog will become the property of the city, which may proceed with destruction or offer the Aanimal to an animal protection organization for Aadoption. The decision of whether the Ddog should be made available for Aadoption shall be at the sole discretion of the city.
(2) If an Oowner requests a hearing, one shall be held before the department of safety and inspections hearing officer not more than three (3) weeks after the request is made. Pending a hearing on the determination, the Aanimal will be kept at the animal control services [center].
(3) The records of the department of safety and inspections, including those of Aanimal control Services, shall be admissible for consideration by the hearing officer without further notice.
(4) If the hearing officer finds that the Oowner of the Aanimal has demonstrated an inability or unwillingness to control the Aanimal in order to prevent the Ddog from repeatedly Rrunning at Llarge, the destruction order shall be affirmed or the Ddog shall be offered to an animal protection organization for Aadoption as in paragraph (1), above.
(f) The Oowner of an impounded Aanimal shall be responsible for the costs of impoundment and boarding regardless of whether the Aanimal is reclaimed, except that boarding fees will cease upon surrender of the Aanimal to the Aanimal control Services supervisor Manager.
Sec. 200.08. No interference with officer, etc.
It shall be unlawful for any person to molest or in any way interfere with any peace officer, Aanimal control Services supervisor Manager, Ramsey County humane officer, park ranger, or any duly authorized assistants, or with any duly authorized agent or any person authorized by the Aanimal control Services supervisor Manager, while engaged in performing work under the provisions of this Cchapter, or to tamper with, damage or otherwise interfere with the equipment used by them in the course of their duties.
Sec. 200.09. Cleaning up litter.
(a) The Oowner of any Ddog or any person having the custody or control of any Ddog shall be responsible for cleaning up any feces of the Aanimal and disposing of such feces in a sanitary manner.
(b) It is unlawful for any person owning, keeping or harboring a Ddog to cause or permit said Ddog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person.
(c) It is unlawful for any person in control of, causing or permitting any Ddog to be on any property, public or private, not owned or possessed by such person to fail to remove feces left by such Ddog to a proper receptacle located on property owned or possessed by such person.
(d) The provisions of this section shall not apply to the ownership or use of any properly identified Sservice Ddogs, Ddogs when used in police activities by the city, or tracking dogs when used by or with the permission of the city.
(e) Any peace officer, Aanimal control Services Oofficer, park ranger, or any duly authorized assistant, or any duly authorized agent, or any person authorized by the Aanimal control Services Oofficer should be responsible for issuing the tags.
Sec. 200.11. Potentially dangerous animals.
(a) Designation as potentially dangerous animal. The Aanimal control Services supervisor Manager shall designate any Aanimal as a Ppotentially Ddangerous Aanimal upon receiving evidence that the Aanimal meets any of the criteria set forth in the definition in section 200.01. When an Aanimal is declared Ppotentially Ddangerous, the department of safety and inspections shall cause the Oowner(s) of the Ppotentially Ddangerous Aanimal to be notified in writing that such Aanimal is Ppotentially Ddangerous. An Aanimal that has been determined to be Ppotentially Ddangerous must be microchipped in accordance with section 200.156, and may be required to comply with one (1) or more of the following conditions:
(1) The Oowner of a Ddog may be required to complete an approved dog obedience class;.
(2) The Aanimal 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 Pproper Eenclosure.
(3) The Oowner may be required to show proof of up-to-date rabies vaccination and, if required, licensing.
(4) If the Aanimal is a Ddog, the Oowner shall purchase a declared animal dog license.
(b) Procedure. The Aanimal control Services supervisor Manager shall notify the Oowner(s) of the Aanimal in writing or in person that the Aanimal has been determined to be Ppotentially Ddangerous and shall specify what, if any, conditions are being required of the Oowner. This notice shall state the date, time, place and circumstances of the incident, a description of the Aanimal, and shall advise the Oowner that they have fourteen (14) days to appeal the determination or the imposition of conditions on maintaining the Aanimal by requesting a hearing before the department of safety and inspections hearing officer. A fee of fifty dollars ($50.00) shall be posted by the Oowner to cover the administrative costs of scheduling the hearing.
(1) If an Oowner requests a hearing, a date shall be set not more than two (2) weeks after receipt of the demand for a hearing. The hearing officer may consider all records of the department of safety and inspections Aanimal control Services, as well as police reports without the necessity for further foundation. After considering all of the evidence, the hearing officer shall issue a written order which rejects or upholds the determination. The order must be issued within ten (10) days of the hearing and shall be delivered to the Oowner in person or by registered mail. If the hearing officer upholds the determination as Ppotentially Ddangerous, the order may affirm or modify the conditions recommended by the Aanimal control Services supervisor Manager. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the Aanimal to be Ddangerous pursuant to section 200.12, the hearing officer may change the designation and issue the appropriate orders.
(2) If the declaration that the Ddog is Ppotentially Ddangerous is upheld by the hearing officer, the actual expenses of the hearing, up to a maximum of one thousand dollars ($1,000.00), will be the responsibility of the Ddog’s Oowner.
(3) If an Oowner fails to comply with any conditions specified in the order and fails to request a hearing under this sectionsubdivision (c)(1), the Aanimal shall be seized. The Aanimal may be reclaimed by the Oowner as set forth in section 200.121(c).
(c) Subsequent offenses. If an Oowner of an Aanimal which has been declared Ppotentially Ddangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the Aanimal may be seized by Aanimal control Services. Notice shall be provided to the Oowner 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 Oowner fails to request a hearing within fourteen (14) days, or is found to have violated the conditions, the department of safety and inspections hearing officer may order the Aanimal destroyed in a proper and humane manner and the Oowner shall pay the costs of confining the Aanimal. If the Oowner is found not to have violated the conditions, the Oowner may reclaim the Aanimal under the provisions of subsection 200.121(c).
Sec. 200.12. Dangerous animals.
(a) Designation as dangerous animal. The Aanimal control Services supervisor Manager shall designate any Aanimal as a Ddangerous Aanimal upon receiving evidence that the Aanimal meets one or more of the criteria set forth in the definition in section 200.01.
(b) Procedure. The Aanimal control Services supervisor Manager, after having determined that an Aanimal is Ddangerous, shall proceed in the following manner:
(1) The Oowner(s) of the Aanimal shall be notified in writing or in person that the Aanimal has been determined to be Ddangerous and that the Aanimal is to be seized and destroyed or that the Oowner must comply with the conditions set forth in this section 200.12. This notice shall include a description of the Aanimal(s), state the dates, times, places and facts of the incidents which form the basis for the determination, and that the Oowner(s) have fourteen (14) days to appeal the determination by requesting a hearing before the department of safety and inspections hearing officer.
a. If no appeal is filed, the orders issued will stand.
b. If an Oowner requests a hearing for determination as to the Ddangerous nature of the Aanimal, the hearing shall be held before the department of safety and inspections hearing officer not more than two (2) weeks after demand for said hearing. Pending a hearing on the determination, the Aanimal may be seized and kept at Aanimal control Services unless the Oowner shows proof that the Aanimal is licensed, if required, has met the requirement, if any, for rabies vaccinations, and agrees that the Aanimal, if it is a Ddog, will not be permitted to be outside without being in a Pproper Eenclosure or being restrained on a leash and wearing a muzzle. A fee of fifty dollars ($50.00) shall be posted by the Oowner to cover the administrative costs of scheduling the hearing.
c. The records of the department of safety and inspections including those of Aanimal control Services, and any police reports relating to an attack or bite shall be admissible for consideration by the hearing officer without further foundation.
d. After considering all of the evidence, the hearing officer shall issue a written order which rejects, upholds or amends the determination. The order must be issued within ten (10) days of the hearing and shall be delivered to the Oowner in person or by registered mail. If the declaration that the Ddog is Ddangerous is upheld by the hearing officer, the actual expenses of the hearing, up to a maximum of one thousand dollars ($1,000.00), will be the responsibility of the Ddog’s Oowner.
(2) Nothing in this section shall prevent the Aanimal control Services supervisor Manager from ordering the immediate seizure and quarantine of a rabies-suspected Aanimal.
(3) The Aanimal control Services supervisor Manager or the Aanimal Oowner may apply to the district court of the county for subpoenas for hearings under sections paragraph 200.11(b)(1) and 200.12(b)(1) above.
(c) Authority to order destruction. The hearing officer, upon finding that an Aanimal is Ddangerous hereunder, is authorized to order, as part of the disposition of the case, that the Aanimal be destroyed based on a written order containing one (1) or more of the following findings of fact:
(1) The Aanimal is Ddangerous as demonstrated by a vicious attack, an Uunprovoked attack, an attack without warning or multiple attacks; or
(2) The Oowner of the Aanimal has demonstrated an inability or unwillingness to control the Aanimal in order to prevent injury to persons or other Aanimals.
If the hearing officer orders destruction, he/she shall order that the Aanimal control Services supervisor Manager take the Aanimal into custody for destruction, if such Aanimal is not currently in custody. If the Aanimal is ordered into custody for destruction, the Oowner shall immediately make the Aanimal available to the Aanimal control Services supervisor Manager and failure to do so shall be a misdemeanor.
(d) Stopping an attack. If any police officer or Aanimal control Services Oofficer is witness to an attack by an Aanimal upon a person or another Aanimal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
Sec. 200.121. Dangerous animal requirements.
(a) Requirements. If the court or Aanimal control Services supervisor Manager does not order the destruction of an Aanimal that has been declared Ddangerous, the court or Aanimal control Services supervisor Manager shall, as an alternative, order any or all of the following, excepting for Ddogs, in which case all shall be applicable and which will be reviewed on an annual basis by the Aanimal control Services Oofficer. If, in reviewing the conditions for keeping a Ddangerous Ddog there have been no ordinance violations for a period of two (2) years, the Aanimal control Services supervisor Manager may use discretion in determining whether the conditions set forth below are still required:
(1) That the Oowner provide and maintain a Pproper Eenclosure for the Ddangerous Aanimal as specified in section 200.01; and
(2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a Ddangerous Aanimal on the property, as specified in Minnesota Statute section 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 Oowner shall have fifteen (15) business days from the request to show proof of insurance, except that if the Aanimal is impounded, proof of insurance must be demonstrated prior to the Aanimal’s release; and
(4) If the Aanimal is a Ddog and is outside the Pproper Eenclosure, the Ddog must be muzzled and restrained by a substantial chain or leash (not to exceed three (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 Ddog from biting any person or Aanimal, but will not cause injury to the Ddog or interfere with its vision or respiration; and
(5) If the Aanimal is a Ddog, it must have an easily identifiable, standardized tag identifying the Ddog as Ddangerous affixed to the Ddog’s collar at all times as specified in Minnesota Statute section 347.51; and
(6) Provides and shows proof of microchip identification as required in section 200.16; and
(7) All Aanimals deemed Ddangerous by the environmental health officerAnimal Services Manager shall be registered with Ramsey County within fourteen (14) days after the date the Aanimal was so deemed and provide satisfactory proof thereof to the environmental health officerAnimal Services Manager; and
(8) If the Aanimal is a Ddog, the Ddog must have a dangerous dog license and be up to date on rabies vaccination. If the Aanimal is a Ccat or ferret, it must be up to date with rabies vaccination; and
(9) A Ddog must be sterilized at the Oowner’s expense. If the Oowner does not have the Aanimal sterilized within thirty (30) days, the animal control services authority shall seize the Ddog and have it sterilized at the Oowner’s expense; and
(10) Registration fee. An Oowner of an Aanimal that has been declared Ddangerous shall pay an annual registration fee as set forth in §section 310.18. If the Aanimal has been impounded, the fee shall be paid prior to the Aanimal’s release.
(b) Seizure. Animal control Services shall immediately seize any Ddangerous Aanimal if the Oowner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the Oowner that the Aanimal is Ddangerous and no appeal has been filed.
(c) Reclaiming animals. A Ddangerous Aanimal seized under this subsection 200.121(a) or a Ppotentially Ddangerous Aanimal seized under subsection 200.11(b)(2) may be reclaimed by the Oowner of the Aanimal upon payment of impounding and boarding fees, rabies vaccination, when applicable, and microchipping, and presenting proof to Aanimal control Services that each of the requirements under subsection 200.121(a) or subsection 200.11(a) is the applicable section(s) are fulfilled. An Aanimal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 200.13, and the Oowner is liable to Aanimal control Services for costs incurred in confining the Aanimal.
(d) Subsequent offenses. If an Oowner of an Aanimal which has been declared Ddangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the Oowner is guilty of a misdemeanor and the Aanimal may be seized by Aanimal control Services. Notice must be provided to the Oowner 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. The Oowner must comply with the conditions which were violated or request a hearing within fourteen (14) days of the seizure. If the Oowner fails to comply with the order or timely request a hearing [or] if a hearing is held and the Oowner is found to have violated the conditions, the department of safety and inspections hearing officer may order the Aanimal destroyed in a proper and humane manner and the Oowner shall pay the costs, if any, of confining the Aanimal. If after a hearing the Oowner is found not to have violated the conditions, the Oowner may reclaim the Aanimal under the provisions of this subsection 200.121(c).
Sec. 200.122. Notification of new address.
The Oowner of an Aanimal which has been identified as Ddangerous, Ppotentially Ddangerous or a public nuisance must notify the Aanimal control Services supervisor Manager in writing if the Aanimal is to be relocated from its current address or 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 Oowner’s name and address, the relocation address, and the name and address of the new Oowner, if any. In the event of the Aanimal’s death, notification must be given no later than fourteen (14) days after the death, and must include the date of death and the name of any attending veterinarian as well as information relating to the disposal of the Aanimal.
Sec. 200.123. Review of designation.
An Oowner may request that the Aanimal control Services supervisor Manager review the status of an Aanimal which has been determined to be Ppotentially Ddangerous or Ddangerous if a period of two (2) years has passed since the finding without any further violations. The Aanimal control Services supervisor Manager shall consider evidence that the Ddog’s behavior has changed due to the Ddog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors in determining whether to rescind the Ddangerous or Ppotentially Ddangerous Ddog designation.
Sec. 200.13. Destruction of unclaimed dogs.
At the expiration of the time a Ddog is impounded as provided for in this Cchapter, if said Ddog has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the Aanimal control Services supervisor Manager to cause such Ddog to be destroyed according to the most humane and approved methods, or otherwise disposed of, as directed by the Aanimal control Services supervisor Manager.
Sec. 200.131. Failure to surrender an animal.
Any person who fails or refuses to surrender an animal to an Aanimal control Services Oofficer or police officer upon demand, after it has been found by the environmental health officerAnimal Services Manager to be Ddangerous and ordered into custody for destruction, or after it has been ordered seized by the Aanimal control Services supervisor Manager pursuant to sections 200.06, 200.11, 200.12 or 200.121 shall be guilty of a misdemeanor.
Sec. 200.14. Animals; disturbing the peace; enforcement.
(a) It shall be unlawful for any person to own, keep, have in possession or harbor any Aanimal or Aanimals which make any noise to the reasonable annoyance of another person or persons. The phrase "to the reasonable annoyance of another person or persons" shall include, but is not limited to, the creation of any noise by any Aanimal or Aanimals which can be heard by any person, including anthe Aanimal control Services Oofficer or a law enforcement officer, from a location outside of the building or premises where the Aanimal or Aanimals are located and which animal noise occurs repeatedly over at least a five-minute period of time with no more than a one-minute lapse of time between each animal noise during the five-minute period. Any person violating this section, may be issued a citation or arrested in accordance with the Minnesota Rules of Criminal Procedure.
(b) A police officer or Aanimal control Services Oofficer may make a request to stop the annoyance. If, upon first request to stop or prevent the annoyance, the person violating this section fails or refuses to comply with the request to stop or prevent the annoyance within twenty-four (24) hours of such a request or the peace officer or an Aanimal control Services supervisor Manager deems it necessary to stop the annoyance, the police officer or Aanimal control Services Oofficer may have the Aanimal or Aanimals taken to the Saint Paulcity Aanimal control Services Ccenter. Any Aanimal placed in the animal control services center may be reclaimed by the Oowner upon payment of the fee prescribed in section 200.07, and if not reclaimed may be disposed of in the manner provided in section 200.13.
SECTION 6
Title XX, Chapter 200A of the Saint Paul Legislative Code is amended to read as follows:
Sec. 200A.01. Definitions.
Public sheltering agency means a public animal control services shelter that receives funding or has a contract with a city, town, or municipality under which it accepts stray or Oowner-Rrelinquished Aanimals.
SECTION 7
Title XX, Chapter 201 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 201.01. Deer feeding prohibited.
No person shall intentionally feed deer within the city.
(1a) Feeding defined. For purposes of this sectionsubdivision, feeding shall include the act of placing or permitting to be placed on the ground, or within five feet of the ground, any grain, fodder, salt licks, fruit, vegetables, nuts, hay or any other edible materials, which may reasonably be expected to result in deer feeding, unless such items are screened or otherwise protected from deer consumption. Living food sources, such as fruit trees and other vegetation, shall not be included in this definition.
(2b) Exceptions. This prohibition shall not apply to:
a. Veterinarians, city Aanimal control Services Oofficers, or any other county, state, or federal game officials acting on the course of their official duties.
(3c) Penalty. A violation of this section shall be a petty misdemeanor.
SECTION 8
Title XX, Chapter 202 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 202.01. Definitions.
Rescue group shall mean a non-profit entity which is appropriately licensed and regulated, and has as at least one of its purposes the rescue and placement of cats which cannot be kept or placed by public animal control services agencies or humane shelters.
Sec. 202.02. Impoundment.
(a) Any cat found off the owner's premises and not wearing tags with owner identifying information, a microchip, and/or rabies tags may be impounded and shall be given proper care and maintenance until reclaimed by its owner or the period for impoundment has ended. A cat impounded pursuant to this section shall be kept at least five (5) days after the impoundment thereof, unless reclaimed earlier by its owner.
(b) If a cat impounded pursuant to this section is unclaimed by its owner at the end of five (5) days, it may be disposed of according to the most humane and approved methods, or may be given to a Rrescue Ggroup.
(c) Notwithstanding the five-day waiting period, a cat which is reasonably believed to be Fferal may be transferred at any time to a Fferal Ccat Mmanagement Pprogram which has been recognized by St. Paul Animal control Services for the purpose of immediate identification, sterilization and release.
SECTION 9
Title XXIII, Chapter 225 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 225.06. Discharge of firearms.
(a) When discharge permitted. No firearm shall be discharged or attempted to be discharged within the city except in the following cases:
(8) By employees of the Aanimal control Services division in the course of their duties.
SECTION 10
Title XXVIII, Chapter 293 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 293.02. Noise as a public nuisance.
(d) Animals. It is a violation of this section to own, keep, have in possession, or harbor any animal or animals which make any noise to the reasonable annoyance of another person or persons. The phrase "to the reasonable annoyance of another person or persons" includes, but is not limited to, the creation of any noise by any animal or animals which can be heard by any person, including anthe Aanimal control Services Oofficer or a law enforcement officer, from a location outside of the building or premises where the animal or animals are located and which animal noise occurs repeatedly over at least a five-minute period of time with no more than a one-minute lapse of time between each animal noise during the five-minute period.
SECTION 11
Title XXIX, Chapter 347 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 347.02. Definitions.
Animal control services authority means any government entity which is responsible for animal control services operations in its jurisdiction.
Animal facility includes every place which is engaged in the operation of a Ppet Sshop but not a retail shop or veterinary hospital.
Animal rescue organization means any not-for-profit organization which has tax-exempt status under sSection 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue of animals and the placement of those animals in permanent homes, and which does not breed animals.
Animal shelter means any not-for-profit organization which has tax-exempt status under sSection 501(c)(3) of the Internal Revenue Code, which (1) accepts animals into a physical facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted or surrendered animals; (3) places animals in permanent homes or with Aanimal Rrescue Oorganizations; and (4) does not breed animals.
Cat means a mammal that is wholly or in part the species Felis domesticusFelis domesticus.
Certificate of source means any document from an Aanimal control Services Aauthority, Aanimal Rrescue Oorganization, or Aanimal Sshelter which shall provide a brief description of the Ddog or Ccat, and shall list the name, address, and telephone number of the source (Aanimal control Services Aauthority, Aanimal Rrescue Oorganization, or Aanimal Sshelter) of the Ddog or Ccat.
Dog means any mammal that is wholly or in part the species Canis familiarisCanis familiaris.
Pet shop means and includes every place kept or maintained for the care, exhibition for sale, sale or purchase of live Ddogs, Ccats, rabbits or other small animals, or any birds, reptiles or fish, but shall not include veterinary hospitals or persons or places selling only frogs, fish, worms or reptiles for use as live bait for fishing, Aanimal control Services Aauthorities, Aanimal Sshelters, or Aanimal Rrescue Oorganizations. Pet shop licensees shall be exempt from obtaining a dog and cat grooming license pursuant to Chapter 382 of the Legislative Code. In addition, such dog and cat grooming facilities shall be exempt from obtaining a pet shop license.
Pet shop facility means any facility engaged in the operation of Ppet Sshops.
Sec. 347.05. Regulations.
(a) Premises. Every person keeping or maintaining a Ppet Sshop shall do so entirely within a closed building, shall not keep or maintain any outside kennel service, and shall be subject to and shall comply with all of the rules and regulations of the department of safety and inspections.
(b) Exotic animals. No Ppet Sshop shall maintain, keep or harbor any skunk, whether captured in the wild or raised domestically, descented or not descented, vaccinated against rabies or not vaccinated against rabies. No Ppet Sshop shall maintain, keep, harbor or sell any red-eared turtle (Pseudemys scriptaelegansPseudemys scripta elegans) with a shell length of less than four (4) inches.
(c) Sale of dogs and cats. No Ppet Sshop shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of Ccats or Ddogs. Nothing in this section prohibits Ppet Sshops from collaborating with Aanimal Sshelters, Aanimal Rrescue Oorganizations, and Aanimal control Services Aauthorities to offer space for such entities to showcase adoptable Ddogs and Ccats inside Ppet Sshops. Such animals may not be younger than eight (8) weeks old.
(d) Permit required. Every licensee shall affix in a prominent position to the exterior of the cage, pen, enclosure, or tank housing of any animal requiring a permit to keep within the city, a tag or notice with the words "Saint Paul permit required."
(e) Rules and regulations. The director of the department of safety and inspections may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Cchapter, to provide for the proper care of animals and to provide for the cleanliness and proper sanitation in such facilities. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date shall be published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the city clerk. Violations of such rules shall be sufficient grounds for adverse action against licenses issued under this Cchapter.
(f) Records. Every licensee shall keep an accurate record of any live animal purchased or sold, including the name and address of the person by or to whom such purchase or sale is made. These records should be kept for three (3) years from the time of purchase or sale.
(g) Reporting. Every licensee shall inform the person by or to whom such purchase or sale is made for any animals requiring a permit in order to keep it within the city of the guidelines for obtaining a keeping-of-animal permit.
(h) Inspection. The department of safety and inspections is authorized hereby to inspect the Ppet Sshop for the purpose of ensuring compliance with this section.
Sec. 347.06. Certificate of source.
(a) A Ppet Sshop shall post and maintain a certificate of source in a conspicuous place on or within three (3) feet of each Ddog or Ccat’s kennel, cage or enclosure.
(b) A certificate of source shall be provided to the adopter of any Ddog or Ccat.
(c) A Ppet Sshop must maintain certificate of source records for each Ddog or Ccat for at least one year from the last date that a Ddog or Ccat appeared in the shop.
(d) Ppet Sshops shall make certificate of source immediately available for review upon request of a peace officer, the department of safety and inspections, an Aanimal control Services Aauthority, or a humane agent pursuant to Minn. Stat. § 343.06, acting on behalf of the city.
SECTION 12
Title XXIX, Chapter 348 of the Saint Paul Legislative Code is amended to read as follows:
Sec. 348.05. Regulations.
(a) Premises. The licensed premises must be approved under the Saint Paul zoning code and the department of safety and inspections as suitable to house animals. The Aanimal control Services division of the department of safety and inspections shall inspect the premises proposed to house Aanimal Dday Ccare and Aanimal Bboarding to determine whether the facilities are suitable for Aanimal Dday Ccare or Aanimal Bboarding. Once per year, the Aanimal control Services division shall re-inspect the facilities to determine continued suitability. Nothing in this section shall prevent Aanimal control Services Oofficers tofrom inspecting the premises more often than once per year. The premises shall meet the following minimum criteria.
SECTION 13
This ordinance will take effect and be in force thirty (30) days following its passage, approval, and publication.