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HomeMy WebLinkAbout2013-09-18 PACKET 05.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� DATE 09/18/13 � � PREPARED BY: Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR ****:�*************�***********:���*�*:�*��***:�***� COUNCIL ACTION REQUEST Response to previously raised concern at Open Forum by Kim Gleich regarding keeping a Ring Tailed Lemur as a pet. STAFF RECOMMENDATION Response to previously raised concern at Open Forum by Kim Gleich regarding keeping a Ring Tailed Lemur as a pet. SUPPORTING DOCUMENTS MEMO/LETTER: Dated September 9, 2013 from Director of Public Safety Craig Woolery Open Forum letter to Kim Gleich with attachments ADMINISTRATORS COMMENTS r ',. _ i �� � � `�.ut .. ..- *******:�***�************************************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER �� �� � ��� , , �, �, � • �� � .. w �� Department of Public Safety Police • Fire • EMS � Pride an8 QcosPer Nieet September 9, 2013 Kim Gleich 7067 Lower 94 St. Cottage Grove, MN 55016 Mrs. Gleich, This letter is to follow up on your request to the City Council on September 4, 2013 during Open Forum where you asked council to consider allowing you to keep a Ring Tailed Lemur as a family pet in your home. Our department had contact with John Gleich on August 27, 2013 when he was riding his bicycle with a Lemur on his shoulder (case # 113112051). You pointed out that the current definition in the city code 5-4-1 does not specifically prohibit Lemurs and defines prohibited wild animals that are generally considered wild or ferocious by nature. I wanted to thank you for taking the time to bring this matter to our attention as it now appears that our ordinance may be outdated as it pertains to regulated exotic animals. As of January 1, 2005 a state law (MS 346.155) went into effect that prohibits individuals (with some exceptions) from owning certain exotic animals. This includes all non-human primates which includes Lemurs. Regulated exotic animals owned prior to the 2005 law must register them with the local animal control authority. http://www. mn. gov/bah/board/rules/exotic-animals. html The Public Safety Health and Welfare Advisory Commission will be reviewing the city ordinance as it pertains to defining the possession of wild and exotic animals as pets and will make recommendations to the city council for final approval. You will be notified when the commission discusses this subject should you wish to provide comment. Your particular case will require further investigation to determine if you are in violation of State Statute 346.155. The disposition of your animal will be determined based on the findings of the follow up investigation. Captain Pete Koerner oversees the animal control division and will notify you when the Public Safety Commission will discuss the city ordinance as it pertains to exotic or wild animals. Respectfully, / ^ V ( C � Craig Woolery Director of Public Safety cc: 113112051 Captain Pete Koerner CITY OF COTTAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016 www.cottage-grove.org • 651-458-2850 • Fax 651-458-2820 • Equal Opportunity Employer CH'ANG� IN� A�DD�ESS/LOCATION! OF �EGUL�TED ANIM�L N�OTI�I�CA,T10_N_. �ORM For the regulated animal listed below as required by Minnesota Statute § 346.155. Instructions: This form should be used to provide notification as required by Minnesota Statute § 346.155 subd. 4(c): "A person who possesses a regulated animal must notify their local animal control authority in writing within 10 days of a change of address or location where the regulated animal is kept." Please complete this form, sign, and submit to the local animal control authority with whom the animal was registered prior to moving. Regulated animal information Species Sex: (check one): Intact female ❑ Intact male ❑ Spayed female ❑ Neutered male ❑ Age Approximate Weight Color/Pattern Scars or other distinguishing marks (For example: declawed, defanged, tattoos, etc.) Microchip Number (if present) Location of Microchip Manufacturer Local animal control authority who registered the animal before prior to change of address or location: Name of Agency City Contact Phone Contact information of person in Last Street Address City Primary Phone of regulated animal before ch First State Secondary Phone Location of regulated animal before change of address or location Street Address City State County Township Name Describe the exact location on the property where the animal is housed. (Example: barn, fenced pen near northwest corner of property, basement, etc.) Zip Section Zip of address or location Page 1 Change of addressAocation form for regulated animal, approved by the Minnesota Board of Animal Health. July, 2006. CH!ANGE IN'�' /�DDRESS/LOCATI,ON'�� OF RE�ULAT�D ANIMAL NQTIFI�CATIQ�1'� FORM ------------------------------------�-------------------------------------------------------- 1. Is the address of the person currentiy in possession of the animal changing? ❑ Yes ❑ No If yes, complete part A. 2. Is a new owner or organiza#ion taking possession of the animal? ❑ Yes ❑ No If yes, complete part A. 3. Is the animal being moved to a new location? � Yes ❑ No If yes, complete part B. ' Part A. Person or organization in possession of regulated animal after change of address or location Last First Organization Street Address City State Zip Primary Phone Secondary Phone Does this person/organization currently possess regulated animals that are registered? (MN residents only) ❑ Yes ❑ No If yes, list name and city of the local animal control authority at the new location? Name of Agency City Contact Phone USDA Licensed: ❑ Yes ❑ No USDA License number (if applicable) Part B. Location of r Street Address City County animal after change of address or location State Township Name Zip Section Describe the exact location on the property where the animal will be housed. (Example: barn, fenced pen near northwest corner of property, basement, etc.) Date of change of address or location I hereby certify that the information provided is accurate to the best of my knowledge: Page 2 Change of address/location form for regulated animal, approved by the Minnesota Board of Animal Health. July, 2006, Signature ofperson in possession of regulated animal before change of address or location Date NffNNESOTA STATUTES 2012 346.155 346.155_POSSESSING REGULATED ANIMALS. Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section. (b) "Person" means any natural person, firm, partnership, corporation, or association, however organized. (c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that: (1) operates a place of refuge where abused, neglected, tuzwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime; (2) does not conduct any commercial activity with respect to any animal of which the organization is an owner; and (3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the organization is an owner, except as an integral part of the species survival plan of the American Zoo and Aquarium Association. (d) "Possess" means to own, care for, have custody of, or control. (e) "Regulated animal" means: (1) all members of the Felidae family including, bttt not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association; (2) bears; and (3) all nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marinosets, lorises, and tamarins. Regulated animal includes any hybrid or cross between an animal listed in clause (1), (2), or (3) and a domestic animal and offspring from all subsequent generations of those crosses or hybrids. ( fl"Local animal control authority" means an agency of the state, county, municipality, or other governmental subdivision of the state that is responsible for animal control operations in its jurisdiction. (g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the meanings given them in section 609.02. Subd. 2. Possession of regulated animals. (a) Except as provided in this section, it is unlawful for a person to possess a regulated aniinal. (b) A person who possesses a regulated animal on January 1, 2005, has 90 days to come into compliance with regulations promulgated by the United States Department of Agriculture for regulated animals under the Animal Welfare Act, Public Law 89-544, and its subsequent amendments, and the regulations adopted under that act relating to facilities and operations, animal health and husbandry, and veterinary care for regulated animals. (c) Except as provided in paragraph (e), a person must not talce possession of a regulated animal after January 1, 2005. Copyright O 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2012 346.155 (d) Except as provided in paragraph (e), a person must not allow regulated animals in their possession to breed after January 1, 2005. (e) Except as provided in paragraph (g), a person who possesses a valid United States Department of Agriculture license and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards on January 1, 2005, may breed, purchase, or otherwise acquire new regulated animals after January 1, 2005, in order to: (1) maintain the operating inventory of regulated animals possessed on January 1, 2005; (2) sell regulated animals to other United States Department of Agriculture licensed and compliant facilities within Minnesota for replacement purposes as provided in clause (1); (3) sell regulated animals outside Minnesota; or (4) sell regulated animals to persons eligible under paragraph (�. Offspring under six months of age shall not be counted for the purpose of determining the number of replacement animals that can be possessed under this paragraph. (�j Except as provided in paragraph (g), a person who does not hold a United States Department of Agriculture license for regulated animals, possesses a regulated animal on January 1, 2005, and has properly registered the animal may replace the regulated animal if it dies, but may replace it only once. (g) If a regulated animal dies of neglect or cruelty, is seized pursuant to subdivision 5, or if the person is involved in illegal activities, the person cannot acquire a replacement animal. Subd. 3. Registration. (a) Within 60 days after January l, 2005, a person who possesses a regulated animal must noti.fy in writing the local animal control authority 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 regulated animal that the person possesses. The inventory shall include the following information: number and species of each regulated animal; the microchip number and manufacturer for each regulated animal if available; the exact location where each regulated animal is lcept; and age, sex, color, weight, scars, and any distinguishing marks of each regulated animal. (b) If a person who possesses a regulated animal has a microchip implanted in the animal for identification, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. If a regulated animal is sedated for any reason and the animal does not have a microchip implanted, a microchip must be implanted in the regulated animal. Within 30 days affer the microchip is implanted, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. A person selling or transferring ownership of offspring under six months of age as provided in subdivision 2, paragraph (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. (c) If a local animal control authority performs an initial site inspection, a fee of up to $50 may be charged. An annual fee of $25 per animal to register regulated aniinals up to a maximum of $250 annually per person may be charged. The local animal control authority may charge an additional site inspection fee of $50 if the person acquires and possesses another type of regulated Copyright � 2012 Uy the Off'ice of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUT'ES 2012 346.155 animal. A certificate of registration must be issued by the local animal control authority to the person upon payment of the fee. Subd. 4. Requirements. (a) A person who possesses a regulated animal must maintain health and ownership records on each animal and must maintain the records for the life of the animal. If possession of the regulated animal is transferred to another person, a copy of the health and ownership records must accompany the animal. ` (b) A person who possesses a regulated animal must maintain an ongoing program of veterinary care which includes a veterinary visit to the premises at least annually. (c) A person who possesses a regulated animal must notify the local animal control authority in writing within ten days of a change in address or location where the regulated animal is kept. The notification of change in address or location form must be prepared by the Minnesota Animal Control Association and approved by the Board of Animal Health. (d) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the United States Depai�tment of Agriculture inspection report to the local animal control authority within 30 days of receipt of the inspection repoi-t. (e) A person who possesses a regulated animal shall prominently display a sign on the structure where the aniinal is housed indicating that a dangerous regulated animal is on the premises. (� A person who possesses a regulated animal must notify, as soon as practicable, local law enforcement officials of any escape of a regulated animal. The person who possesses the regulated animal is liable for any costs incurred by any person, city, county, or state agency resulting from the escape of a regulated animal unless the escape is due to a criminal act by another person or a natural event. (g) A person who possesses a regulated animal must maintain a written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or other equipment necessary to assist in the recovery of the regulated animal. (h) A person may not move a regulated animal from its location unless the person notifies the local animal control authority prior to moving the animal. The notification must include the date and the location where the animal is to be moved. This paragraph does not apply to a regulated animal transported to a licensed veterinarian. (i) If a person who possesses a regulated animal can no longer care for the animal, the person shall talce steps to find long-term placement for the regulated animal. Subd. 5. Seizure. (a) The local animal control authority, upon issuance of a notice of inspection, must be granted access at reasonable times to sites where the local animal control authority has reason to believe a violation of this chapter is occurring or has occurred. (b) If a person who possesses a regulated animal is not in compliance with the requirements of this section, the local animal control authority shall talce possession of the animal for custody and care, provided that the procedures in this subdivision are followed. (c) Upon request of a person possessing a regulated animal, the local animal control authority may allow the animal to remain in the physical custody of the owner for 30 days, during which time the owner shall take all necessary actions to come in compliance with this section. During Copyright �O 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2012 346.155 the 30-day period, the local animal control authority may inspect, at any reasonable time, the. premises where the animal is kept. (d) If a person who possesses a regulated animal is not in compliance with this section following the 30-day period described in paragraph (c), the local animal control authority shall seize the animal and place it in a holding facility that is appropriate for the species for up to ten days. (e) The authority taking custody of an animal under this section shall provide a notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at the place where the animal is taken into custody, or by delivering it to a person residing on the property. The notice must include: (1) a description of the animal seized; the authority for and purpose of the seizure; the time, place, and circumstances under which the aniinal was seized; and a contact person and telephone nuinber; (2) a statement that a person froin whom a regulated animal was seized may post security to prevent disposition of the animal and inay request a hearing concerning the seizure and that failure to do so within five business days of the date of the notice will result in disposition of the animal; (3) a statement that actual costs of the care, keeping, and disposal of the regulated animal are the responsibility of the person from whom the animal was seized, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and - (4) a form that can be used by a person from whom a regulated animal was seized for requesting a hearing under this subdivision. ( fl If a person from whom. the regulated animal was seized makes a request within five business days of the seizure, a hearing must be held within five business days of the request to determine the validity of the seizure and disposition of the animal. The judge or hearing officer may autharize the return of the animal to the person from whom the animal was seized if the judge or hearing officer finds: (1) that the person can and will provide the care required by law for the regulated animal; and (2) the regulated animal is physically fit. (g) If a judge or hearing officer orders a permanent disposition of the regulated animal, the local animal control authority may take steps to find long-term placement for the animal with a wildlife sanctuary, persons authorized by the Department of Natural Resources, or an appropriate United States Department of Agriculture licensed facility. (h) A person from whom a regulated aniinal is seized is liable for all actual costs of care, keeping, and disposal of the animal, except to the extent that a court or hearing officer finds that the seizure was not substantially justified by law. The costs must be paid in full or a mutually satisfactory ai�angement for payment must be made between the local animal control authority and the person claiming an interest in the animal before return of the animal to the person. (i) A person from whom a regulated animal has been seized under this subdivision may prevent disposition of the animal by posting security in the amount sufficient to provide for the actual costs of care and keeping of the animal. The security must be posted within five business days of the seizure inclusive of the day of the seizure. Copyright O 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2012 346.155 (j) If oircumstances exist threatening the life of a person or the life of any animal, local law enforcement or the local animal control authority may seize a regulated animal without an opportunity for hearing or court order, or destroy the animal. Subd. 6. Disposal of animals. Upon proper determination by a Minnesota licensed veterinarian, any regulated animal taken into custody under this section may be immediately disposed of when the regulated aniinal is suffering and is beyond cure through reasonable care and treatment. The authority taking custody of the regulated animal may recover all costs incurred under this section. Subd. 7. Exemptions. This section does not apply to: (1) institutions accredited by the American Zoo and Aquarium Association; (2) a wildlife sanctuary; (3) fur-bearing animals, as defined in section 97A.015, possessed by a game farm that is licensed under section 97A.105, or bears possessed by a game farm that is licensed under section 97A.105; (4) the Department of Natural Resources, or a person authorized by permit issued by the commissioner of natural resources pursuant to section 97A.401, subdivision 3; (5) a licensed or accredited research or medical institution; or (6) a United States Deparhnent of Agriculture licensed e�ibitor of regulated animals while trarisporting or as part of a circus, carnival, rodeo, or fair. Subd. 8. License transfer. Nothing in this section precludes a person who holds a valid United States Department of Agriculture license from selling or transferring the entire business and the regulated animals covered by that license to another person who holds a valid United States Department of Agriculture license. Subd. 9. Report to Board of Animal Health. By July 1 each year, a local animal control authority shall report to the Board of Animal Health on regulated animals registered with the local animal control authority. The report shall include all registration information submitted to the local animal control authority under subdivision 3, paragraph (a), and information on enforcement actions talcen iinder this section. Subd. 9a. Confinement and control. A person violates this subdivision who possesses a regulated animal and negligently fails to control the animal or keep it properly confined and as a result the animal causes bodily harm, substantial bodily harm, or great bodily harm to another person. Subd. 10. Penalty. (a) A person who knowingly violates subdivision 2, 3, paragraph (b) or (c), or 4 is guilty of a misdemeanor. (b) A person who. knowingly violates subdivision 3, paragraph (a), is guilty of a gross misdemeanor. (c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. Copyright OO 2012 by. the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2012 346.155 (d) A person who violates subdivision 9a, resulting in substantial bodily harm is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. (e) A person who violates subdivision 9a, resulting in great bodily harm or death is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, unless a greater penalty is provided elsewhere. History: 2004 c 26� s 1; 2006 c 260 art 1 s S-9 Copyright OO 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.