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HomeMy WebLinkAbout[05] Animal License Special Permit Council Agenda Item 5 MEETING DATE: February 18, 2020 AGENDA ITEM: Animal License Special Permit SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Staff received a request from Tony Kirchner to have three licensed dogs at his residence. Ordinance 1004 states that up to two (2) domestic dogs over three months of age are allowed per household without a special permit. More than 2 dogs are allowed through a special permit that needs to be approved by the Council and must meet the following criteria of the Ordinance. a) The animal is not specifically prohibited by Subd. 3 of this section. b) The ownership or harboring of the animal shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animal will be maintained. c) The ownership or harboring of the animal will not result in offensive noise or odors. Animals prohibited in Subdivision 3 include farm animals, predatory animals, imported animals, and MN animals found in the wild. Mr. Kirchner will be present at the meeting to explain the reasoning for the request. BUDGET/FISCAL IMPACT: ATTACHMENTS: Ordinance 1004 Licensing and Regulation of Animals REQUESTED COUNCIL ACTION: Approve the special permit allowing for three licensed domestic dogs at 1212 Callaway Street E. CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS..........................1004-1 Section 1004.01: MAINTENANCE OF ANIMALS ..................................................1004-1 Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE .......1004-2 Section 1004.03: ALL DOGS TO BE LICENSED – FEE ..........................................1004-2 Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/ ADMINISTRATOR .........................................................................1004-2 Section 1004.05: APPLICATION FOR DOG LICENSE ...........................................1004-2 Section 1004.06: EVERY DOG TO WEAR A COLLAR ..........................................1004-3 Section 1004.07: RECORD OF LICENSE.................................................................1004-3 Section 1004.08: SEIZURE OF UNLICENSED DOGS.............................................1004-3 Section 1004.09: POSSESSION OF DOG HOW RECOVERED .............................1004-3 Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEING DISEASED..........................................................................1004-3 Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER ...........................................................................................1004-4 Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS.......1004-4 Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS ...................................1004-4 Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS ...............................1004-4 Section 1004.15: REMOVAL OF DOG EXCREMENT ............................................1004-4 Section 1004.16: PENALTY .....................................................................................1004-5 1004-0 CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS Section 1004.01: MAINTENANCE OF ANIMALS. It shall be unlawful for any person to own or harbor an animal within the corporate limits of the City unless specifically permitted by this Ordinance or by special permit granted by the City Council. Subd. 1: Permitted Animals. The following animals shall be permitted without special permit: a) Up to two (2) domestic dogs over three months old per household. b) Up to three (3) domestic cats over three months old per household. c) Up to fifteen (15) domestic cats or dogs under three months old per household. d) Fish maintained in an aquarium. e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage located within a building. f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than 16" in length, and maintained in an aquarium or cage located within a building. g) Nonpoisonous insects maintained in an aquarium or cage located within a building. h) Birds purchased from a licensed pet seller and maintained in a bird cage located within a building. Subd. 2: Animals Permitted by Special Permit. Animals not specifically permitted may be allowed by special permit of the City Council if meeting the following criteria: a) The animal is not specifically prohibited by Subd. 3 of this section. b) The ownership or harboring of the animal shall not create a threat to the peace, repose, safety or health of the general public or residents residing in the area in which the animal will be maintained. c) The ownership or harboring of the animal will not result in offensive noise or odors. 1004-1 CHAPTER X – NUISANCES & OFFENSES Permission may be withdrawn by the Council for failure of continued compliance with subdivisions 2a through 2c above. Subd. 3: Prohibited Animals. The ownership or harboring of the following animals within the City is specifically prohibited. a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese, sheep, goats, ducks and turkeys. b) Predatory animals usually found in the wild, including but not limited to lions, bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the monkey family. c) Animals, the importation or sale of which as a pet, is prohibited by state or federal law. d) Minnesota animals found in the wild, the hunting or trapping of which is totally prohibited or which requires a big game license. Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall be unlawful for the owner of any animal to permit the same to run at large anywhere in the City of St. Joseph other than the property of the owner thereof. Section 1004.03: ALL DOGS TO BE LICENSED – FEE. It shall be unlawful for any person to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph without having first obtained a license as herein provided. Any person who desires to maintain or preserve any right or property interest in such dog or dogs shall annually procure a license for the dog so owned or harbored. The annual license fee shall be in an amount as established by resolution of the City Council and shall be paid to the City Clerk/Administrator. No license fee shall be required for any dog which is less than six (6) months old. Any person who fails to obtain a license in accordance with this ordinance shall be assessed a penalty fee in an amount established by resolution of the City Council. This penalty fee is in addition to any fines or costs resulting from criminal prosecution in accordance with Section 1004.16 below. No person shall operate a dog kennel within the corporate limits of the City of St. Joseph, except in an area zoned for industrial use as may be permitted by a special use permit. Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/ ADMINISTRATOR. A dog license shall be granted upon payment to the City Clerk/Administrator of the fees above provided and shall continue to be in force until the 1st day of April next succeeding the date of its issuance. Section 1004.05: APPLICATION FOR DOG LICENSE. In applying for a dog license, the owner shall state in writing the name, sex, breed, age, color and marking of the dog for which the license is to be procured on forms provided by the City Clerk/Administrator. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies. 1004-2 CHAPTER X – NUISANCES & OFFENSES Section 1004.06: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must wear a collar around its neck, to which shall be attached a metal tag, distinctly marked with the year in which the same is issued, and a number designated by the City Clerk/Administrator, which number shall be stated in the license granted. Such metal tag shall be furnished by the City, and no other tag shall be issued as a substitute therefore, except that in case any person owning a dog states in writing to the City Clerk/Administrator that the license tag theretofore issued has been lost, the City Clerk/Administrator shall be permitted to issue to such person a new tag upon payment by the applicant of the sum established by resolution of the City Council and payable to the City Clerk/Administrator. The new tag shall be in the same form as the original tag. It shall be unlawful for any person to make, sell, purchase or transfer in any way any such tag or counterfeit the same in any manner, or to place or permit to be placed any tag so made, sold, purchased, transferred or counterfeited, upon his dog or any dog in his custody or keeping or to place or permit to be placed any tag issued as aforesaid upon any other dog than the one for which such tag was originally issued by the City Clerk/Administrator. Section 1004.07: RECORD OF LICENSE. The City Clerk/Administrator shall keep in a book to be provided for that purpose, 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. Section 1004.08: SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog license inspector or any of his duly authorized assistants or any peace officer or any person duly authorized by a member of the Board of Health to capture, seize and deliver to the dog license inspector, or the keeper of a public pound any dog owned, harbored or permitted to run at large in violation of the provisions of Sections 1, 2, 5 or 10 of this Ordinance. Section 1004.09: POSSESSION OF DOG HOW RECOVERED. Any dog so seized and impounded may be redeemed by the owner thereof at any time within five (5) days after such seizure and impoundment upon payment of a penalty in an amount as established by Resolution of the City Council, and a written statement of ownership, together with proof that a license has been duly issued for said dog or if no license has been previously issued upon payment of the license fee together with the aforementioned penalty. If the owner of the dog seized or impounded under the provisions of this ordinance does not resume possession of said dog in compliance with the foregoing provisions within five days after seizure or impoundment thereof, he shall forfeit all right to and property in such dog. Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which may be suspected of having hydrophobia may be immediately seized whether on or off the premises of the owner and may be impounded for such period as directed by the Health Officer. All costs incident to and part of such impoundment shall be paid by the owner of said dog. In the vent the dog is determined to be rabid said animal shall be destroyed under the direction of the Health Officer. If the dog is determined not to be rabid, said dog shall be returned to is owner upon payment of all costs of impoundment. If the owner shall fail to pay the costs of impoundment within five days after receiving written notice of the amount then the animal shall be destroyed or sold for impoundment costs. Whenever the prevalence of hydrophobia renders 1004-3 CHAPTER X – NUISANCES & OFFENSES such action necessary, to protect the public health and safety, the Mayor may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time affixed in the proclamation shall be killed by the police without notice to the owner. Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS OWNER. Any person owning or harboring an animal for three (3) consecutive days shall, for the purpose of this ordinance, be deemed the owner thereof, and if that person be a minor, the parent or guardian of the said minor shall be deemed to be the owner thereof. Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS. It shall be unlawful for any person to molest or in any way interfere with any peace officer, poundmaster, or any of their duly authorized assistants or with any duly authorized agent or any person authorized by the Health Officer while engaged in the performance of work under the provisions of this ordinance. Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS. The Health Officer shall have the power to order the destruction of any dog or other animal which he may deem dangerous and vicious, whether licensed or not, after three (3) days written notice to the owner thereof, and after affording the owner or keeper of such dog or other animal an opportunity to be heard. Whenever it shall appear to the satisfaction of the Health Officer that any dog, while running at large has bitten one or more persons, such dog shall be deemed to be a vicious dog. Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of five (5) days from the time a dog or cat is impounded as provided for in this ordinance, if said dog or cat has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the license inspector to cause such dog or cat to be disposed of in accordance with the most humane and approved methods as directed by the Health Officer. Section 1004.15: REMOVAL OF DOG EXCREMENT. Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person, unless such person has in his or her immediate possession a device for the removal of the excrement and a depository for the transmission of excrement to a proper receptacle located upon property owned or possessed by such person. Subd. 2: It shall be unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person, to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person. 1004-4 CHAPTER X – NUISANCES & OFFENSES Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an unreasonable accumulation of dog excrement upon property owned or possessed by such person. An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor which can be detected from adjacent property, which is unsightly or offensive to the sight or which creates a public health risk. Section 1004.16: PENALTY. Any person violating any of the provisions of the Ordinance shall be deemed guilty of a misdemeanor. Updated 10/7/94 Updated 6/2003 – Section 1004.03 and Section 1004.06 1004-5