City Council Workshop

AGENDA City Council Workshop Workshop December 14, 2021 Council Chambers 5:00 PM Voluntary COVID-19 Vaccination Incentive Program 5:20 PM Proposed Code: Chapter 4 – Animals and Fowl 5:40 PM Council Topics 5:55 PM Adjourn for Truth in Taxation and Regular Meeting  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Holly Wilson, HR Director Date: December 14, 2021 Subject: Proposed Voluntary COVID-19 Vaccination Incentive Program It is requested that the attached Vaccination Incentive Program be adopted to provide an incentive, if vaccinated, to employees regarding the workplace and COVID-19. The program provides fully vaccinated full-time employees up to eighty (80) hours of paid COVID leave if they become ill with COVID-19, have an adverse reaction to the vaccination or vaccination booster, or must care for a family member under twelve (12) years old in certain circumstances. To qualify for the paid COVID leave, employees must be fully vaccinated. Employees that cannot receive the COVID-19 vaccination because of a disability or sincerely held religious beliefs may qualify for the incentive if they submit written notice to the City Administrator and they provide proof of twice weekly COVID-19 testing. The testing must occur outside of the work day and must be at the employee’s own expense. Employees that are fully vaccinated are required to provide proof of vaccination and submit a signed Tennessen warning to qualify for the incentive. The proposed Voluntary COVID-19 Vaccination Incentive Program has been reviewed by the City’s employment attorney and the management team. • Voluntary COVID-19 Vaccination Incentive Program • Tennessen Warning for COVID -19 Vaccination Incentive Program  VOLUNTARY COVID-19 VACCINATION INCENTIVE PROGRAM 12/14/2021 Purpose The purpose of this voluntary program is to provide City of Oakdale employees with guidance regarding the workplace and COVID-19. This voluntary program may be ceased or suspended at the sole discretion of the City of Oakdale when appropriate as determined by the City Administrator. This program is temporary and not payable upon separation from the City. Program Description City of Oakdale benefit-eligible employees who are fully vaccinated are eligible for a temporary incentive: Paid COVID Leave. “Fully vaccinated” means two weeks following receipt of the final dose of the COVID-19 vaccine (i.e., two weeks after the 2nd dose for Pfizer and Moderna, or 2 weeks after the only dose of Johnson & Johnson). The following parameters are differentiated for benefit- eligible employees and non-benefit eligible employees. Benefit Eligible Employees PAID COVID LEAVE The City will provide paid COVID leave if the employee is unable to work or work remotely for reasons related to the COVID-19 pandemic listed below:  The employee becomes ill with COVID-19  The employee has adverse reactions to the COVID-19 vaccination or vaccination booster (this is a qualifying reason for leave because vaccination is in process)  The employee is caring for an individual in their immediate family who is under the age of 12 that is under a quarantine or isolation order due to COVID-19, per current CDC rules, or if their childcare provider or school is closed due to COVID-19. Eligibility: All eligible fully vaccinated full-time regular employees will be entitled to 80 hours of paid COVID leave. All eligible fully vaccinated part-time regular employees will be entitled to a pro-rated amount of COVID leave based upon their respective average hours worked. Payment: COVID Leave will be paid at 100% the respective employee's regular base wage (it does not include overtime, supplemental pay and/or other additional pay). The COVID Leave is a separate type of leave above and beyond normal accrued leave and shall not be counted against sick, vacation, PTO, or comp time, or payable upon separation from the City. Qualifications to be Eligible for Incentive Program In order to qualify for the COVID-19 vaccination incentive, employees must be fully vaccinated. Employees that cannot receive the COVID-19 vaccination because of a disability or sincerely held religious beliefs may qualify for the COVID-19 vaccination incentive if they submit written notice to the City Administrator and they provide proof of twice weekly COVID-19 testing. Testing must occur outside of the work day and through available free testing sites or at the employee’s own expense. Failure to follow the testing requirement will result in the immediate forfeiture of any benefits available under this Incentive Program by an unvaccinated employee. Various items of documentation may be requested by Human Resources and will need to be provided for any paid COVID leave hours (i.e. proof of vaccination, child’s age, proof of daycare closure, doctors’ notes, etc.). Employees are required to provide proof of vaccination and a signed Tennessen Warning to Human Resources no later than December 30, 2021 to receive paid time off under this incentive program. The employees who are not currently fully vaccinated and want to take advantage of this program must provide proof of first dose of vaccination by December 30, 2021 and provide proof of the second dose (Moderna or Pfizer) by February 20, 2022. If not fully vaccinated by February 20, 2022, the City will require repayment of any paid COVID leave that has been used. Final Authority All questions and interpretations of this program are subject to the final determination of the City Administrator.  TENNESSEN WARNING VOLUNTARY COVID-19 VACCINATION INCENTIVE PROGRAM The City of Oakdale (“City”) is asking you to supply your immunization records (“records”) from the Minnesota Immunization Information Connection website or from your healthcare provider to determine your eligibility for its COVID-19 vaccination incentive program (“program”). The Minnesota Government Data Practices Act classifies this data as private data about you and requires the City to provide this Tennessen Warning or data privacy notice to you. The law does not require you to provide your records and there are no legal consequences for refusing to provide them. However, if you do not provide your records, the City cannot determine if you are eligible for the program and you will not receive the incentives the City is offering to employees. If you do provide your records, the following City employees and entities have a business or legal right to access this information: • Human Resources, Finance, Legal, and other City personnel who need access to the records to determine your eligibility for the program and to implement the program; • State and federal courts; • State and federal enforcement agencies, including but not limited to the Federal Equal Employment Opportunity Commission and Minnesota Department of Human Rights; • People or entities whom you authorize to receive copies of your immunization records; and • Any other person or entity authorized by state or federal law or court order. In addition, Human Resources will aggregate immunization status and provide it to Department Heads in summary form and in a way that does not identify the vaccination status of specific employees (“summary data”). The purpose of this is to provide Department Heads with sufficient information to make informed decisions that help create and ensure a safe working environment for all employees. The City may also use the records to determine compliance with other City COVID-19 policies, which may include mask or vaccination requirements. I have reviewed and understand this Tennessen Warning and agree to submit my immunization records. ____________________________ ____________________________ Print Name Date ____________________________ Signature  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: December 14, 2021 Subject: Proposed Code Amendment: Chapter 4, Animals and Fowl It is requested that Chapter 4 of the City Code be amended to remove regulations relating to licensing of dogs and cats, as supported by the City Council, as well as to update the chapter in its entirety. The most significant change was to add a Definitions and In General sections (Article 1 and 2, respectively). These changes were also discussed at the November 23, 2021 council workshop. The City Council requested extra review time. No further changes have been suggested. If the City Council is supportive of the attached code amendment to Chapter 4, it is asked that the City Council direct staff to post the proposed ordinance on the city’s web page, as required, and bring forth an ordinance amendment to the January 11, 2022, City Council regular meeting.  CHAPTER 4 ANIMALS AND FOWL Article I Dogs and Cats Article II Keeping of Animals Article III Dangerous Dogs Article IV Diseased Animals Article V Feeding Wildlife and Waterfowl Article 1 Definitions Article 2 In General Article 3 Keeping of Animals Article 4 Feeding Wildlife and Waterfowl Article 5 Violations ARTICLE I. DOGS AND CATS Sec. 4-01. Dog and Cat Licenses Required; Fees, Term. Except for any humane society, veterinary hospital, or a non-resident who is boarding his/her dog(s) or cat(s) in the city for a period not exceeding thirty (30) days, no person(s) shall keep any dog or cat over six (6) months old within the city without securing a license from the Police Department, which shall keep a record of all licenses issued and shall issue a metal tag for each license. Licenses shall expire April 1 of each year and shall be differentiated, for the purpose of calculating the license fee, between renewal licenses and initial issue licenses. A license renewal shall be defined as one for a dog or cat that has been previously licensed by the City of Oakdale even though such license may have expired. License fees for a license issued at any time during the current license period shall not be pro-rated. Fees for licenses shall be determined by the City Council. A penalty charge will be collected on all licenses issued for dogs and cats impounded by the city unless the dog or cat is less than six (6) months old, owned by a non-resident boarding his/her dog or cat in the city less than thirty (30) days, or the dog or cat has been acquired not less than fifteen (15) days previously. A penalty charge will also be collected on all licenses issued for dogs or cats that have been issued a warning tag by the Police Department for either no license or an expired license. The fee for penalty charges shall be determined by the City Council. No refunds shall be made on any license fee for any reason. No dog or cat license shall be issued by the city unless the person requesting the license produces proof that the dog or cat has current rabies vaccination protection. Sec. 4-02. Issuance of License Receipt and Tag. Upon the payment of the license fee, the Police Department shall execute a receipt in duplicate. The Police Department shall provide the original receipt to the person who pays the fee, retaining the duplicate and shall also provide a numbered metal tag to the person paying the fee at such time as the fee is paid. Sec. 4-03. Duplicate License Tags. A duplicate license tag shall be issued by the Police Department to replace one lost or destroyed upon presentation of the receipt for the license fee for the current year and at an amount determined by the City Council. Oakdale MN Code of Ordinances: Chapter 4 - Page 1 Sec. 4-04. Dog and Cat Tags Not Transferable. No dog or cat tag, whether original or duplicate, shall be transferable from one animal to another. Sec. 4-05. License Tag to be Worn. The owner of a dog or cat shall cause said license tag to be affixed by a permanent metal fastener to the collar of the dog or cat and displayed in such a manner that the tag may be easily seen by an officer of the city. The animal owner shall be responsible for ensuring that the tag is constantly worn by such dog or cat. Sec. 4-06. Animals at Large Prohibited. No animal shall be off the premises of the owner, whether licensed or not, unless under control on a leash or other physical restraint held by some person able to hold the animal in control, with the exception that dogs may be affixed by leash to the designated post that is located outside of the Oakdale Discovery Center to allow persons to temporarily access the building during business hours. Any animal off the owner's premises and not so leashed or under other physical control shall be considered running at large. Animals that are allowed to roam onto private property not owned by the animal's owner, even if leashed, shall be considered to be at large. Sec 4-07. Confinement When in Heat. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. Sec. 4-08. Quarantining Biting Animals; Destruction of Rabid Animals. Whenever any dog or cat has bitten any person or other domestic animal, the owner shall immediately quarantine it at home or in some other suitable place within the city, as directed by the Police Department, for a period of ten (10) days and immediately report the bite to the Police Department. During the quarantine period, said animal shall be securely confined in a building or yard, enclosed by a fence so constructed that the animal cannot get through or over, and which will not permit other animals or persons to enter and will prevent the animal from coming in contact with persons or other animals. Failure to comply with the quarantine requirements herein shall subject the animal in violation to impoundment under the authority of the Police Department at the owner's expense. At the end of the ten-day quarantine period, the impounded animal may be released if a licensed veterinarian determines that it is not rabid. If the animal is determined to be rabid, it shall be destroyed humanely after completion of necessary medical procedures. Sec. 4-09. Keeping Noisy Dogs. No person shall keep a dog which habitually barks or howls. Sec. 4-10. Humane Treatment Required. Each dog or cat owner shall care for the animal or animals in a humane manner. Any person found guilty of violation of this section will have the license revoked without right of reissue for one year. Sec. 4-11. Nuisance Declared; Impoundment Authorized. Dogs or cats running at large, dogs that habitually bark or howl, dogs which habitually chase automobiles, dogs or cats which have bitten any person or other domestic animals, and female dogs and cats "in heat" and running at large are hereby declared a nuisance. If found to be a nuisance by the court, such court may order disposal of any such animal. Any animals found in violation of this article in any manner may be picked up by a member of the Police Department or the person on whose property the animal is found. The animal may be returned to the owner who may be prosecuted for permitting a violation of this article or such animal may be impounded and the owner required to pay an impoundment fee plus the established daily board fee shall be charged. In the event of such impounding, the owner shall Oakdale MN Code of Ordinances: Chapter 4 - Page 2 remain subject to prosecution and the penalties provided for by this article. An animal shall be considered impounded when taken under control by a member of the Police Department. It is unlawful to interfere with any member of the Police Department in the act of enforcing this article. Upon such seizure and impoundment, it shall be the duty of the member of the Police Department impounding the animal to prepare a written report of the impoundment and, when the owner of the animal is known, to notify the owner of said impoundment. The date of sale or destruction of the dog or cat shall be the fifth day after the preparation of the written report and provision of notice if the owner is known unless that date falls on a Sunday or holiday, in which case it shall be the following day. Sec. 4-12. Establishment of Pound; Disposition of Impounded Animals. The City Council may designate and establish by resolution a suitable area to be an animal pound. All dogs and cats shall be kept according to state laws. Any person, owner or otherwise, claiming an animal must pay impounding and boarding fees to the city before said animal will be released. The owner of any impounded animal shall likewise pay the impoundment fee, board fees, and cost of destruction if the animal is destroyed without being reclaimed by such owner. Sec. 4-13. Animal Control Responsibilities. The Police Department shall be charged with the responsibility for animal control unless the Council, by resolution, chooses to contract for such services. Sec. 4-14. Violations. Any person violating any provision of this article shall be guilty of a misdemeanor and also the owner's license may be revoked for a period not exceeding one (1) year. Violation of this article three (3) times in a one-year period by any dog or cat owner will cause automatic revocation of said animal license. Said person will not be eligible for a dog or cat license for a one-year period. Any person whose license is revoked shall transfer ownership of the dog or cat and provide for its removal from the premises within ten (10) days. Sec. 4-15. Repealed. Sec. 4-16. Sanitation. (a) Any person who owns, keeps or harbors a dog or cat shall have the responsibility for keeping their property clean of all fecal matter created by the animal. All animal waste shall be removed periodically so as to keep the surrounding area free from obnoxious odors. For the purpose of this section periodically shall be defined as a period of time not to exceed one week. (b) It is unlawful for any person who owns, keeps or harbors a dog or cat to cause or permit the dog or cat to be on any property not owned or possessed by this person without having a device or equipment for immediately picking up and removing animal feces to a proper receptacle located upon property owned or possessed by such person. (c) It is unlawful for any person who is in control of any dog or cat, or who causes or permits any dog or cat to be on any property not owned or possessed by such person, to fail to remove feces left by such animal to a proper receptacle located on property owned or possessed by such person. (d) This section does not apply to the ownership or use of Seeing Eye dogs by blind persons, dogs used in police activities by the city, or tracking dogs when used by or with the permission of the city. Oakdale MN Code of Ordinances: Chapter 4 - Page 3 (e) Violation of this section is a misdemeanor that is punishable by a fine of up to $700.00 or up to ninety (90) days in jail, or both. ARTICLE 1. DEFINITIONS Sec. 4-01. Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Animal Control Authority means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. Animal Control Officer means a City officer or employee designated to enforce any portion of this chapter. Biosecurity Premise Identification Number (PIN) is a unique code is permanently assigned to a single site or location for the purpose of allowing animal health officials to quickly and precisely identify where animals are located in case of a foreign animal disease outbreak, animal health, food safety or other emergency. Bird Feeder means outdoor feeders hung or installed a minimum of five feet above the ground, body of water, or structure. Bite means a wound made by biting where the skin has been penetrated by an animal’s teeth. Boarding means providing for the care, shelter, or feeding of dogs, not owned by the owner or occupant of the premises where said dogs are kept, for any period. Cat means any domestic male or female of the feline species. City means the City of Oakdale, Minnesota. Dangerous Dog means any dog that has: (1) Without provocation, inflicts substantial bodily harm on a human being on public or private property. (2) Has killed a domestic animal without provocation while off the owner's property. (3) Has been found to be potentially dangerous, and, after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Diseased Animal includes conditions such as rabies, distemper, panleucopenia, feline leukemia, and other conditions or diseases that are dangerous or communicable to humans or animals. Dog means any domestic male or female of the canine species. Feed or Feeding means purposely or knowingly providing any food, feed, bait, non-birdseed mixtures, grain, fruit, vegetables, hay, mineral, salt, food by-product, garbage, or other edible Oakdale MN Code of Ordinances: Chapter 4 - Page 4 materials to wildlife or waterfowl; or providing any other substance to wildlife or waterfowl that the person intends the wildlife or waterfowl to ingest. Ferret means any domestic ferret animal (Mustela putorius furo). Great Bodily Harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Habitually means continuous barking for a minimum of 10 minutes. Kennel, Commercial means a place where boarding and/or training is offered to any number of dogs not owned by the owner or occupant of the premises. Such boarding and/or training may also include but is not limited to related uses such as selling, breeding, showing, treating or grooming. Pet shops, veterinary clinics, and pet grooming facilities are considered commercial uses but shall not be defined as commercial kennels. Kennel, Private means a place where a dog owner keeps four or more dogs over six months of age on property occupied by the dog owner for residential purposes and where the keeping of such dogs is incidental to the occupancy of the premises, and may include breeding and selling of dogs as a hobby. A conditional use permit is required for four or more dogs. Misdemeanor means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Non-bite exposure means instance where saliva from an animal has come in contact with an open wound or a mucous membrane. Owner means the permit holder or any other person, firm, association, or corporation owning, keeping or harboring a dog, cat, ferret, or other permitted animal. Any person keeping, maintaining, harboring or knowingly permits an animal to remain on or about any premise occupied by that person, a dog, cat, ferret, or other permitted animal for five consecutive days shall, for the purposes of this definition, be deemed an owner. Police Department means police department of Oakdale, Minnesota. Potentially Dangerous Dog means any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property. (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack. (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper Enclosure means enclosed and locked structure: (1) Constructed in a manner so the quarantined animal cannot get through, over, or under; Oakdale MN Code of Ordinances: Chapter 4 - Page 5 (2) Does not permit other animals and/or persons to enter or to otherwise come in contact with the quarantined animal. (3) That provides the animal protection from the elements. (4) That does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting or allow the animal to come into contact with another animal or person. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Running at Large means any dog which is not effectively: (1) Contained on private property; (2) Restrained, by chain or leash when on public property; or (3) Restrained by a chain or leash when on private property, with the consent of the property owner. Substantial Bodily Harm means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member. Waterfowl means any bird that frequents the water, or lives about rivers, lakes, or other bodies of water; and aquatic fowl, including but not limited to ducks, egrets, geese, herons, and swans. Wildlife means any animal that is not normally domesticated, including but not limited to coyotes, deer, feral cats, foxes, raccoons, skunks, and turkeys. ARTICLE 2. IN GENERAL ARTICLE 11. KEEPING OF ANIMALS Sec. 4-02. Animal Control Responsibilities. The Police Department shall be charged with the responsibility for animal control and shall perform the following duties: (1) Seize, impound, or restrain any dog or cat found running at large loose within the City. (2) Investigate all cases of reported animal bites and supervise the quarantine of any such animal per Sec. 4-06. (3) Enforce all other provisions of this chapter. Sec. 4-03. Interference with Officer. It shall be unlawful for any person to assault or in any way interfere with any Animal Control Officer, Peace Officer, or any of their duly authorized assistants, or with any duly authorized agent while engaged in performing work under the provisions of this chapter. Sec. 4-04. Identification Tags. All dogs and cats shall have an identification tag with owner contact information affixed to the collar. The owner shall be responsible for ensuring that the tag is constantly worn by the dog or cat. Oakdale MN Code of Ordinances: Chapter 4 - Page 6 Sec. 4-05. Rabies Vaccination. Every dog, cat, or ferret, prior to reaching six months of age, shall be vaccinated against the rabies virus and kept current according to the vaccine manufacturer’s product labeling and veterinarian requirements. No dog, cat, or ferret need be vaccinated when a licensed veterinarian has examined the animal and certified that, at such time, vaccination would endanger its health because of its age, infirmity, debility, illness, or other medical consideration; and such exception certificate is presented to the animal control officer within five days of such examination. The animal shall be vaccinated against rabies as soon as its health and age permit. Unvaccinated animals must be confined to the owner's property or a veterinary facility. (moved from 4-08): Sec. 4-06. Quarantining Biting Animals; Destruction of Rabid Animals. Whenever any dog, cat, or ferret has bitten any person or other domestic animal, or by aggressive attack causes a non-bite exposure, the owner shall immediately quarantine it at home or in some other suitable place within the City, as directed by the Police Department, for a period of 10 days and immediately report the bite to the Police Department. During the quarantine period, said animal shall be securely confined in a proper enclosure in a building or yard, enclosed by a fence so constructed that the animal cannot get through or over, and which will not permit other animals or persons to enter and will prevent the animal from coming in contact with persons or other animals. Failure to comply with the quarantine requirements herein shall subject the animal in violation to impoundment under the authority of the Police Department and at the owner's expense. At the end of the 10 day quarantine period, the impounded animal may be released if a licensed veterinarian determines that it is not rabid. If the animal is determined to be rabid, it shall be destroyed humanely after completion of necessary medical procedures. Sec. 4-07. Exceptions. This chapter does not apply to the ownership or use of Seeing Eye dogs by seeing impaired persons, dogs used in police activities by the City, or tracking dogs when used by or with the permission of the City. Sec. 4-068. Animals at Large Prohibited. No animal shall be off the premises of the owner whether licensed or not, unless under control on a leash or other physical restraint held by some person able to physically hold the animal in control, with the exception that dogs may be affixed by leash to the designated post that is located outside of the Oakdale Discovery Center to allow persons to temporarily access the building during business hours. Any animal off the owner's premises and not so leashed or under other physical control shall be considered running at large. Animals that are allowed to roam onto private property not owned by the animal's owner, even if leashed, shall be considered to be at large. Sec. 4-079. Confinement When in Heat. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding, or shall be controlled on a leash while being exercised, provided it does not create a public nuisance. Sec. 4-0910. Keeping Noisy Dogs. No person shall keep a dog which habitually barks or howls in such a manner that disturbs the peace. Oakdale MN Code of Ordinances: Chapter 4 - Page 7 (moved Article III, Sec. 4-22): ARTICLE III. DANGEROUS DOGS Sec. 4-2211. Regulation of Dangerous Dogs. The City shall, by reference, adopt the provisions of Minnesota Statute 347.50-347.55 with respect to the regulation of dangerous dogs. Where statute makes reference to "county" regulating authority it is the intention of the City to adopt a reference to "City" regulating authority. Sec. 4-1012. Humane Treatment Required. Each dog or cat owner shall care for the animal or animals in a humane manner. Any person found guilty of violation of this section will have the license revoked without right of reissue for one year. A person found mistreating animals will be charged in accordance with Minnesota State Statute 343.21. Sec. 4-1113. Nuisance Declared; Impoundment Authorized. The following are declared a nuisance: (1) Dogs or cats running at large; (2) Dogs that habitually bark or howl; (3) Dogs which that habitually chase automobiles vehicles, bicyclists, or pedestrians; (4) Dogs or cats which that have bitten any person or other domestic animals; and (5) Female dogs and cats in heat and running at large. If found to be a nuisance by the court, such court may order disposal of any such animal. Any animals found in violation of this article chapter in any manner may be picked up by a member of the Police Department or the person on whose property the animal is found. The animal may be returned to the owner who may be prosecuted for permitting a violation of this article chapter or such animal may be impounded and the owner required to pay an impoundment fee plus the established daily board fee shall be charged. In the event of such impounding, the owner shall remain subject to prosecution and the penalties provided for by this article chapter. An animal shall be considered impounded when taken under control by a member of the Police Department. It is unlawful to interfere with any member of the Police Department in the act of enforcing this article chapter. Upon such seizure and impoundment, it shall be the duty of the member of the Police Department impounding the animal to prepare a written report of the impoundment and, when the owner of the animal is known, to notify the owner of said impoundment. The date of sale or destruction of the dog or cat shall be the fifth day after the preparation of the written report and provision of notice if the owner is known unless that date falls on a Sunday or holiday, in which case it shall be the following day. Sec 4-1214. Establishment of Pound; Disposition of Impounded Animals. The City Council may designate and establish by resolution a suitable area to be an animal pound a facility for boarding stray animals. All dogs and cats shall be kept according to state laws. Any person, owner or otherwise, claiming an animal must pay impounding and boarding fees to the City before said animal will be released. The owner of any impounded animal shall likewise pay the impoundment fee, board fees, and cost of destruction if the animal is destroyed without being reclaimed by such owner. Sec. 4-13. Animal Control Responsibilities. The Police Department shall be charged with the responsibility for animal control unless the Council, by resolution, chooses to contract for such services. Oakdale MN Code of Ordinances: Chapter 4 - Page 8 Sec. 4-15. Repealed. Sec. 4-1615. Sanitation. (a) Any owner person who owns, keeps or harbors a dog or cat shall have the responsibility for keeping their property clean of all fecal matter created by the animal. All animal waste shall be removed periodically at least two times per month so as to keep the surrounding area free from obnoxious odors. For the purpose of this section periodically shall be defined as a period of time not to exceed one week. (b) It is unlawful for any owner person who owns, keeps or harbors a dog or cat to cause or permit their dog or cat to be on any property not owned or possessed by this person them without having in their possession a device or equipment and for immediately picking up and removing animal feces created by their dog or cat and disposing of said feces in a to a proper public receptacle or in a receptacle located at the owner’s property upon property owned or possessed by such person. (c) It is unlawful for any person who is in control of any dog or cat, or who causes or permits any dog or cat to be on any property not owned or possessed by such person, to fail to remove feces left by such animal to a proper receptacle located on property owned or possessed by such person. (d) This section does not apply to the ownership or use of Seeing Eye dogs by blind persons, dogs used in police activities by the City, or tracking dogs when used by or with the permission of the City. (e)(c) Violation of this section is a misdemeanor that is punishable by a fine of up to $700 or up to ninety (90) days in jail, or both ARTICLE II3. KEEPING OF ANIMALS Sec. 4-17. Definitions. As used in this article, the terms defined in this section shall have the following meaning: • Wild or exotic animal: means any mammal, amphibian, reptile or bird that is of a species not usually domesticated, and of a species that, due to size, wild nature or other characteristic, is dangerous to humans. The term includes animals and birds the keeping of which is licensed by the state or federal government, such as wolves, raptors and pheasants. By way of example and not of limitation, the term includes: eagles, ocelots, jaguars, cougars, weasels, ferrets, badgers, monkeys, chimpanzees, deer and bison. The term also includes: crossbreeds such as the cross between dogs and coyotes and dogs and wolves; poisonous snakes such as rattlesnakes, coral snakes, water moccasin, puff adder or cobra; and any other snake or reptile which by its size, vicious nature or other characteristic is dangerous to human beings. Sec. 4-16. Maximum Number of Dogs and Cats Allowed. No owner person shall keep, harbor or maintain shall have more than three dogs, three cats, or a total combination of dogs and cats, of more than three months of age, within any individual dwelling units within the City without first obtaining a permit from the Police Department. Sec. 4-18-17. Permits Required; Exceptions. No person shall keep or allow to be kept the following without first obtaining a permit from Police Department: Oakdale MN Code of Ordinances: Chapter 4 - Page 9 (a) Bees: No person shall keep or allow to be kept any man-made or manufactured hive or other facility for the housing of bees within the City without first obtaining a permit from the City Police Department (b) Hooved Animals: No person shall stable, keep, or permit any hooved animal to remain on any lot or premises within in the City without first obtaining a permit from the Police Department. The keeping of hooved animals may also require owners to register for a Biosecurity Premise Identification Number with the State of Minnesota. (c) Small Animals and Birds of the Orders Anseriforms and Galliformes: No person shall keep or permit more than one live rabbit, or any one chinchilla, or one, mink without first obtaining a permit from the Police Department. No person shall keep chickens, turkeys, ducks, goose geese, pigeons, or similar small animals or birds, in any dwelling or on the same lot or premises as a dwelling or other such premise within in the City without first obtaining a permit from the Police Department. This paragraph The permit process does not apply to any hamsters, gerbils, white rats, mouse, mice, or guinea pigs maintained as a pets. The keeping of poultry may also require owners to register for a Biosecurity Premise Identification Number with the State of Minnesota. (d) Wild or Exotic Animals: No person shall keep or allow to be kept any mammal, amphibian, reptile or bird that is of a species not usually domesticated, and of a species that, due to size, wild nature or other characteristic, is dangerous to humans. The term includes animals and birds the keeping of which is licensed by the state or federal government, such as wolves, raptors and pheasants. By way of example and not of limitation, the term includes: eagles, ocelots, jaguars, cougars, weasels, ferrets, badgers, monkeys, chimpanzees, deer and bison. The term also includes: crossbreeds such as the cross between dogs and coyotes and dogs and wolves; poisonous snakes such as rattlesnakes, coral snakes, water moccasin, puff adder or cobra; and any other snake or reptile which by its size, vicious nature or other characteristic is dangerous to human beings, within the City without first obtaining a permit from the Police Department, whether or not the keeping of such animal is licensed by the state or federal government. Sec. 4-19-18. Keeping of Certain Animals Absolutely Prohibited; Exceptions. 1. No person shall keep, maintain or harbor within the City any of the following animals: (a) Any animal or species prohibited by federal or Minnesota law. (b) Any exotic animal or species when kept in such numbers or in such a way as to promote the likelihood of harm to the animals themselves, to human beings or to the property of human beings, or which constitutes a public nuisance. (c) Any skunk, whether captured in the wild, domestically raised, descented or not de- scented, vaccinated against rabies or not vaccinated against rabies. (d) Any large cat or members of the family Felidae, such as lions, tigers, jaguars, leopards, cougars, lynx, bobcats, and ocelots, except commonly domesticated cats. (e) Any member of the family Canidae, such as wolves, dingoes, coyotes, jackals, and fox, except domesticated dogs. (f) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (g) Any raccoon. (h) Any red-eared turtle (Pseudemys scriptaelegans) with a shell length of less than four inches. Oakdale MN Code of Ordinances: Chapter 4 - Page 10 Sec. 4-17-19. Exceptions. Sec. 4-17 and 4-18 do not apply to animals which that are temporarily brought into the City for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bonafide research institution or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. Any person keeping an animal for a purpose other than a bonafide research institution or veterinary hospital shall obtain a permit from the Police Department and shall provide proof of sufficient liability/casualty insurance. The required limits of this coverage shall be established by the Finance Department following consultation with the City's insurance provider. Sec. 4-20. Permit; Application, Procedures, Term and Fee. 1. Application: Any person desiring a permit required under the provisions of this chapter shall make written application to the Police Department upon a form designated for this purpose. The application form will include information such as, but not limited to, the description of the property where the animal is to be kept; the species and number of animals to be kept; and any special conditions which must be complied with by the keeper owner of the animal. 2. Consent: Upon submitting the designated application form, the applicant shall also provide the written consent of seventy-five (75) percent of the owners or occupants of privately or publicly owned real estate property within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that the applicant's property lines are one hundred fifty (150) feet or more from any other structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. 3. Fees; Term of Permit. The City Council shall determine a fee for the permit required in this chapter. The term of the permit shall be one year from the date of issuance and shall require annual consideration for renewal. A permit and fee shall be required for each individual animal. 4. Investigation of Application. The Police Department shall make such investigation as necessary and may grant, deny, or refuse to renew any application for permit under this chapter. 5. Permit; Conditions. If granted, the permit issued by the Police Department shall state the conditions, if any, imposed upon the permitee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions, and prohibitions that the Police Department 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 and safety. Such permit may be modified from time to time or revoked by the Police Department for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after three (3) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. 6. Refusal to Grant or Renew a Permit. The Police Department may refuse a permit to keep or maintain animals hereunder for failure to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the Oakdale MN Code of Ordinances: Chapter 4 - Page 11  conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit. 7. Numbers of Animals; Species; Notice to Police Department. The permit shall state the number of animals and type of animals that may be maintained on the premises. The permittee shall immediately inform the Police Department in writing when the number of animals maintained on the premises exceeds the number allowed by the permit. Sec. 4-21. Violation; Penalty. Any person who violates the provisions of this chapter is guilty of a misdemeanor. Sec. 4-23-21. Regulation of Diseased Animals. No person shall possess, harbor, or allow to run at large any diseased animal that is not under the treatment of a veterinarian. The keeping of certain animals may require owners to register for a Biosecurity Premise Identification Number with the State of Minnesota. ARTICLE V-4. FEEDING WILDLIFE AND WATERFOWL Sec. 4-24-22. Prohibition. No person shall feed or allow the feeding of wildlife or waterfowl on private or public property in the City. Providing living food sources, such as fruit trees and other live vegetation, to wildlife or waterfowl shall not be considered to be prohibited feeding. Sec. 4-23. Bird Feeders. Persons may utilize bird feeders provided: (1) Feeder is hung or installed a minimum of five feet above the ground, body of water, or structure. (2) Feeder must be maintained to not allow bird seed or other edible material to accumulate on the ground. Sec. 4-25-24. Exceptions. The prohibition in Section 4-22-22 shall not apply to veterinarians, City, county, state, or federal officials who, in the course of their duties, have wildlife or waterfowl in their custody or under their management. Sec. 4-26. Definitions. “Wildlife” is any animal that is not normally domesticated in the state, including but not limited to raccoons, turkeys, coyotes, deer, feral cats, foxes, raccoons, and skunks. “Waterfowl” is any bird that frequents the water, or lives about rivers, lakes, or other bodies of water; and aquatic fowl, including but not limited to ducks, geese, swans, herons, and egrets. “Feed” or “Feeding” means purposely or knowingly providing, either on the ground or at a height of less than five (5) feet above the ground, shoreline, body of water or any structure, any food, feed, bait, non-birdseed mixtures, grain, fruit, vegetables, hay, mineral, salt, food by-product, garbage or other edible material to wildlife or waterfowl, or providing any other substance to wildlife or waterfowl that the person intends wildlife or waterfowl to ingest. Oakdale MN Code of Ordinances: Chapter 4 - Page 12  ARTICLE 5. VIOLATIONS Sec. 4-14-25. Violations. Any person violating any provision of this article chapter shall be guilty of a misdemeanor and also the owner's license may be revoked for a period not exceeding one (1) year. Violation of this article three (3) times in a one-year period by any dog or cat owner will cause automatic revocation of said animal license. Said person will not be eligible for a dog or cat license for a one-year period. Any person whose license is revoked shall transfer ownership of the dog or cat and provide for its removal from the premises within ten (10) days. Oakdale MN Code of Ordinances: Chapter 4 - Page 13