St. Paul City Ordinance

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1 St. Paul City Ordinance Title XX. Chapter 200. Section Potentially dangerous animals. (a) Potentially dangerous animals. A potentially dangerous animal is an animal which has: (1) When unprovoked, bitten a human or a domestic animal on public or private property; or (2) When unprovoked, chased or approached a person upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or (3) A known history or propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (b) Designation as potentially dangerous animal. The environmental health officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the animal meets any of the criteria in subdivision (a). When an animal is declared potentially dangerous, the department of safety and inspections shall cause the owner(s) of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. An animal that has been determined to be potentially dangerous must be microchipped in accordance with section , and may be required to comply with one (1) or more of the following conditions: (1) The owner of a dog may be required to complete an approved dog obedience class; (2) The animal 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 proper enclosure. (3) The owner may be required to show proof of up to date rabies vaccination and, if required, licensing. (4) If the animal is a dog, the owner shall purchase a lifetime dog license. (c) Procedure. The environmental health officer shall notify the owner(s) of the animal in writing or in person that the animal has been determined to be potentially dangerous and shall specify what, if any conditions are being required of the owner. This notice shall state the date, time, place, and parties bitten, chased, attacked or threatened by the animal, and shall advise the owner that they have fourteen (14) days to appeal the determination or the imposition of conditions on maintaining the animal by requesting a hearing before the department of safety and inspections hearing officer. (1) If an owner requests a hearing, a date shall be set not more than three (3) weeks after receipt of the demand for a hearing. The hearing officer may

2 consider all records of the department of safety and inspections animal control, 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. If the hearing officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the environmental health officer. If as a result of testimony or other evidence at the hearing there are grounds for declaring the animal to be dangerous pursuant to section , the hearing officer may change the designation and issue the appropriate orders. (2) If an owner fails to comply with any conditions specified in the order and fails to request a hearing under subdivision (c)(1), the animal shall be seized. The animal may be reclaimed by the owner as set forth in section (c). (d) Subsequent offenses. If an owner of an animal which has been declared potentially dangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the animal must be seized by animal control. Notice shall be provided to the owner 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 owner 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 animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim the animal under the provisions of subsection (c). (e) Review of designation. The environmental health officer may review the status of an animal which has been determined to be potentially dangerous if a period of two years has passed without any further incidents under section (a) above and may use discretion in determining whether any conditions which have been ordered are still required. (C.F. No , 1, ; C.F. No , 5, ; C.F. No , 1, ; C.F. No , 52, ; C.F. No , 3, ) Sec Dangerous animals. (a) Definition. A dangerous animal is an animal which has: (1) Without provocation caused bodily injury or disfigurement to any person on public or private property; or (2) Without provocation engaged in any attack on any person under circumstances which would indicate danger to personal safety; or (3) Exhibited unusually aggressive behavior, such as an attack on another animal; or (4) Bitten one (1) or more persons on two (2) or more occasions; or

3 (5) Been found to be potentially dangerous and/or the owner has personal knowledge of the same, and the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or (6) Fresh wounds, scarring, or is observed in a fight, or has other indications which to a reasonable person evidence that the animal has been or will be used, trained or encouraged to fight with another animal; or whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such animal to be fought with another animal. (b) Designation as dangerous animal. The environmental health officer shall designate any animal as a dangerous animal upon receiving evidence that the animal meets any of the criteria in subdivision (a). (c) Procedure. The environmental health officer, after having determined that an animal is dangerous, may proceed in the following manner: (1) The owner(s) of the animal shall be notified in writing or in person that the animal has been determined to be dangerous and that the animal is to be seized and destroyed or that the owner must comply with the conditions set forth in section This notice shall state the dates, times, places and facts of the incidents 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. a. If no appeal is filed, the orders issued will stand. b. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the department of safety and inspections hearing officer not more than three (3) weeks after demand for said hearing. Pending a hearing on the determination, the animal may be seized and kept at animal control unless the owner shows proof that the animal is licensed, if required, has met the requirement, if any, for rabies vaccinations, and agrees that the animal, if it is a dog, will not be permitted to be outside without being in a proper enclosure or being restrained on a leash and wearing a muzzle. c. The records of the department of safety and inspections including those of animal control, 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 evidence pertaining to the temperament of the animal, the hearing officer shall make such order as he/she deems proper. The hearing officer may order that the animal control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, 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 seizure and quarantine of a rabies-suspected animal.

4 (3) The environmental health officer or the animal owner may apply to the district court of the county for subpoenas for hearings under paragraph (c)(1) and (c)(1) above. (d) Authority to order destruction. The hearing 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. (e) 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 victim. (C.F. No , 1, ; C.F. No , 6, ; C.F. No , 53, ; C.F. No , 4, ) Sec Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not order the destruction of an animal that has been declared dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following, excepting for dogs, in which case all shall be applicable and which will be reviewed on an annual basis by the animal control officer. If, in reviewing the conditions for keeping a dangerous dog there have been no ordinance violations for a period of two years, the environmental health officer may use discretion in determining whether the conditions set forth below are still required: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in section ; 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 dangerous animal on the property as specified in Minnesota Statute ; 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 owner shall have fifteen business days from the request to show proof of insurance, except that if the animal is impounded, proof of insurance must be demonstrated prior to the animal's release; and (4) If the animal is a dog and is outside the proper enclosure, the dog 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 dog from

5 biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to the dog's collar at all times as specified in Minnesota Statute ; and (6) Provides and shows proof of microchip identification as required in section ; and (7) All animals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the environmental health officer. (8) If the animal is a dog, the dog must have a lifetime license and be up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. (b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous and no appeal has been filed. (c) Reclaiming animals. A dangerous animal seized under subsection (a) or a potentially dangerous animal seized under subsection (c)(2) may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsection ( a) or subsection (b) is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section , and the owner is liable to animal control for costs incurred in confining the animal. (d) Subsequent offenses. If an owner of an animal which has been declared dangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the animal must be seized by animal control. Notice shall be provided to the owner 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 owner 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 shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim the animal under the provisions of subsection (c). (e) Registration fee. An owner of an animal that has been declared dangerous shall pay an annual registration fee of seventy-five dollars ($75.00). If the animal has been impounded, the fee shall be paid prior to the animal's release.

6 (C.F. No , 1, ; C.F. No , 54, ; C.F. No , 5, ) Sec Notification of new address. The owner of an animal which has been identified as dangerous, potentially dangerous or a public nuisance must notify the environmental health officer in writing if the animal has died or 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. If the animal has died, notification must be given no later than fourteen (14) days after the animal's death. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any, and in the case of the death of the animal must include the date of death and the name of any attending veterinarian as well as information relating to the disposal of the animal. (C.F. No , 7, ) Sec Destruction of unclaimed dogs. At the expiration of the time a dog is impounded as provided for in this chapter, if said dog has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the environmental health officer to cause such dog to be destroyed according to the most humane and approved methods, or otherwise disposed of, as directed by the environmental health officer. (C.F. No , 1, ) Sec Failure to surrender an animal. Any person who fails or refuses to surrender an animal to an animal control officer or police officer upon demand, after it has been found by the environmental health officer to be dangerous and ordered into custody for destruction, or after it has been ordered seized by the environmental health officer pursuant to sections , , or shall be guilty of a misdemeanor. shall be guilty of a misdemeanor. (C.F. No , 6, ) Sec Animals; disturbing the peace; enforcement. (a) It shall be unlawful for any person 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" shall include, but is not limited to, the creation of any noise by any animal or animals which can be heard by any person, including the animal control officer 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

7 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 animal control supervisor 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 animal control supervisor deems it necessary to stop the annoyance, the police officer or animal control supervisor may have the animal or animals taken to the city animal control center. Any animal placed in the animal control center may be reclaimed by the owner upon payment of the fee prescribed in section , and if not reclaimed may be disposed of in the manner provided in section (C.F. No , 1, ; C.F. No , 1, ) Sec Maximum number of dogs. No more than three (3) dogs of over the age of three (3) months shall be kept, harbored or maintained within any individual dwelling unit or on any lot or other parcel of property in the city without a permit. The number of dogs permitted above may be increased by obtaining a permit issued by the animal control supervisor. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such permit may be modified from time to time or revoked by the animal control supervisor for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Denial, modification or revocation of a permit issued under this section shall be appealable to the department of safety and inspections hearing officer. (C.F. No , 1, ; C.F. No , 55, ) Sec Microchip identification required. The owner of a dangerous dog is required to have a microchip installed or injected on the animal. The microchip shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the dog's owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the registration of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. (C.F. No , 1, )

8 Sec Collars, leashes, tie outs. (a) Collars. Collars may not exceed two (2) pounds in weight and must be made of durable material strong enough to hold the dog it is intended for. No collars are to be used other than for humane restraint. Collars may not be equipped with any type of sharp prongs on the inside of the collar or weighted devices that may cause injury or discomfort to the animal's neck. Blunt pronged training collars are permitted if properly fitted and unaltered from the manufactured design. (b) Leashes. Leashes must not exceed six (6) feet in length and may not exceed four (4) pounds in total weight. (c) Chains, kennels, tethers and tie outs. Chains, tethers or tie outs must be at least three (3) times the length of the animal secured to it and may not exceed ten (10) pounds in total weight. Tie outs must be of durable material, strong enough to hold the animal it is intended for. Any animal secured with a tie out must be so in an area that would not allow the animal to become tangled around objects while allowing access to shelter and water. Tie outs must be placed in such a location as to inhibit the animal secured from reaching a public sidewalk, street or alley. The tie out must not allow the secured animal access to any neighboring property unless written permission has been obtained from the property owner. Animals restrained by a chain, tether, or other tie out device shall not be secured to any stationary object for more than two consecutive hours, with at least a two hour rest or relief period between each chaining, and no more than four two hour chaining periods in a twenty-four hour period. Kennels and pulley/cable run systems shall be exempt from the two hour restriction provided that: (1) The length of the pulley system is at least twelve (12) feet, and the attached tether has a swivel at both ends; (2) The height of the pulley system is mounted at least seven (7) feet above the ground; (3) The space provided inside the kennel is at least thirty-two (32) square feet; (4) The kennel floor must be made of solid material. (5) The animal or animals confined or secured to a kennel or pulley system, are not confined in it or to it for more than ten (10) consecutive hours in a twenty four (24) hour period. Stationary object shall include, but not be limited to, a tree, embedded stake, pole or post, a house, garage, dog house, or other structure or railing. Solid material shall mean cement, brick, durable plastic, or other suitable material other than wood. (C.F. No , 1, ; C.F. No , 1, ) Sec Appeal process.

9 An order by the department of safety and inspections hearing officer may be appealed by writ of certiorari to the court of appeals. An order of the department of safety and inspections hearing officer for the destruction of an animal shall be stayed upon receipt of a notice of appeal by the department of safety and inspections within fourteen (14) days of the service of said order. (C.F. No , 1, ; C.F. No , 56, ) *Editor's note: C.F. No , 1, adopted February 6, 2002, has been treated as amending the Code by repealing former ch. 200, , , and ; and adding a new ch. 200 to read as herein set out. Former ch. 200 pertained to similar subject matter, and derived from the Code of 1956, , , , , , ; Ord. No , adopted October 15, 1981; Ord. No , adopted February 11, 1982; Ord. No , adopted June 12, 1986; Ord. No , adopted January 22, 1987; Ord. No , adopted September 22, 1987; Ord. No , adopted January 14, 1988; Ord. No , adopted April 18, 1991; C.F. No , adopted March 9, 1994; C.F. No , adopted May 31, 1995; C.F. No , adopted June 7, 1995; C.F. No , adopted June 7, 1995; C.F. No , adopted June 7, 1995; C.F. No , adopted January 3, 1996; C.F. No , adopted August 7, 1996; C.F. No , adopted April 9, 1997; C.F. No , adopted November 4, 1998; C.F. No , adopted January 13, 1999; C.F. No , adopted April 14, 1999; and C.F. No , adopted June 7, 2000.

93.02 DANGEROUS ANIMALS.

93.02 DANGEROUS ANIMALS. (A) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present.