Title
Amending Chapter 200.07 of the Legislative Code pertaining to Animals - Impounding and Boarding Fees.
Body
SECTION 1
WHEREAS, in support of Mayor Carter’s 2022 budget, the Department of Safety and Inspections (DSI) seeks to increase permit, and certificate of compliance fees, as detailed in Chapter 200.07 of the Saint Paul Legislative Code (SPLC), by 1.5%; and
WHEREAS, fees for elevators, dumbwaiters, moving stairways, and other similar devices are being increased in order to support a cost recovery of approximately 85% of the actual cost of performing services; and
WHEREAS, the fee increases proposed more accurately reflect the cost of providing permits and related services; and
WHEREAS, DSI continues to experience substantial growth in personnel costs such as health care and wages; and
WHEREAS, General Fund pressures create the need to decrease the gap between licensing fee revenue and program expenses. Now, therefore be it
RESOLVED, that the Council of the City of Saint Paul does hereby ordain:
SECTION 2
Section 200.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.07. - Fees for impounding and boarding.
(a) Any animal captured and impounded under the provisions of this chapter shall be released only on the payment of an impound fee, plus an additional board charge for each day or fraction of a day during which the animal is impounded. If the impounded animal is a dog and said dog is unlicensed, in addition to the impounding and boarding fee, the dog shall not be released without the payment of the prescribed license fee, as well as an administrative penalty of fifty-one dollars ($51.00) fifty-two dollars ($52.00). The designated fees under this chapter shall be established by ordinance as provided in section 310.09(b) of the Legislative Code.
(b) The owner of a dog which is found running at large a second time within a one-year period shall be subject to an administrative penalty of fifty-one dollars ($51.00) fifty-two dollars ($52.00). If the animal is found running at large a third time within one year the owner shall be subject to an administrative penalty of one hundred two dollars ($102.00) one hundred four dollars ($104.00). A fourth violation for running at large within one (1) year shall result in a declaration that the animal is a nuisance, and subject to destruction by the animal control officer. These penalties are in addition to any fees or penalties under section (a).
(c) When a dog is impounded for running at large, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of one hundred two dollars ($102.00) one hundred four dollars ($104.00). If the animal is found running at large a second time within one (1) year, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of one hundred fifty-three dollars ($153.00) one hundred fifty-five dollars ($155.00). If the animal is found running at large a third time and has not been spayed or neutered, the owner shall be subject to an administrative penalty of two hundred four dollars ($204.00) two hundred seven dollars ($207.00). These charges are in addition to the fees set forth in subdivisions (a) and (b).
(e) A designation that an animal 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 running at large which form the basis for the determination, and that the owner(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 dog will become the property of the city, which may proceed with destruction or offer the animal to an animal protection organization for adoption. The decision of whether the dog should be made available for adoption shall be at the sole discretion of the city.
(2) If an owner 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 animal will be kept at the animal control [center].
(3) The records of the department of safety and inspections, including those of animal control, shall be admissible for consideration by the hearing officer without further notice.
(4) If the hearing officer finds that the owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent the dog from repeatedly running at large, the destruction order shall be affirmed or the dog shall be offered to an animal protection organization for adoption as in paragraph (1), above.
(f) The owner of an impounded animal shall be responsible for the costs of impoundment and boarding regardless of whether the animal is reclaimed, except that boarding fees will cease upon surrender of the animal to the animal control supervisor.
(g) Fees assessed under this section may be appealed to the director of the department of safety and inspections within 14 days.
SECTION 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval, and publication.