Ordinance No. 141 Domestic Fowl and Pigeons

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2. The licensing and vaccination requirements of this Ordinance shall not apply to any animal belonging to a non-resident of the City of Gem Lake and kept within the City for less than thirty (30) days, provided all such animals are fully and at all times confined within a building enclosure or vehicle or are deemed to be under complete restraint of the owner. 3. Non-poisonous snakes or snakes not prohibited as wild and exotic by definition, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards and similar small animals capable of being kept in cages continuously are exempt and do not require a permit. Section 7. Animal Owner Responsibilities. l . Animal Owner Responsibilities and Liability. This Ordinance shall not relieve or lessen the responsibility or liability of any person owning or harboring any animal to persons or real property or any other injury occasioned thereby. 2. Abrogation and Greater Restriction. It is not intended by this Ordinance to appeal, abrogate, annul, impair or interfere with any State or Federal law, or local ordinances, rules, regulations, or permits issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 3. Right of Entry. All law enforcement and animal control officers may enter upon private property where it appears that there is reasonable cause to believe that an animal is not being kept, confined, or restrained as herein required or where it appears that a violation of this Ordinance may be present and when accompanied by a warrant to enter property duly issued by a judge of the district court. 4. Interference. No person shall interfere with, hinder, or molest any agent of the City while engaged in the performance of any duty related to this Ordinance or release any animal in the custody of the agent. Section 8. Review, Revocation and Appeal. License Application Review. The City shall review the license application. The City may deny an applicant's license application for any reason reasonably related to the regulation of animals within city limits, including but not limited to; protecting the health, safety, and welfare of the public. Convictions for violations of City Ordinance No. 140 or any applicable state Statutes within the preceding three (3) years shall be considered evidence of a threat to the health, safety, and welfare of the public. Revocation. The City may revoke licenses previously issued upon the same grounds. If a license is denied or revoked, the City shall notify the applicant in writing, and provide information regarding the applicant's right to appeal under paragraph 2 of this section. 3. Appeal. An applicant may appeal the City's determination by filing written notice with the City Administrator within ten (10) days of the applicant's receipt of the City's notice. Failure to file a timely appeal results in a waiver of the appeal. If the applicant files a timely appeal, a hearing will be held before an impartial hearing officer as soon as practicable after the City's receipt of the appeal. The rules of evidence do not apply at the hearing and any reports and records of the Ramsey County Animal Control officer shall be considered without further foundation. The hearing officer will make written findings of fact. The hearing officer's decision will be personally served upon the owner or a person of suitable age at the residence of such owner and is the final decision of the City. Section 9. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 10. Enactment and Effective Date Existing Uses. Existing uses that are not compliant with the Ordinance shall have one -hundred twenty (120) days to become compliant unless a Special or Interim Use Permit is issued by the City Council to specifically exempt the existing activity from all or portions of the regulations described in the Ordinance. A Special or Interim Use Permit application can be procured from the City Clerk. Nothing in this paragraph vests any non -confirming use from being controlled by these regulations. 2. Enactment and Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: October 18, 2022 APPROVED: av&A.ety Gretchen Artig-Swomley, Mayor ATTEST: Ne&datawunce Melissa Lawrence, Acting City Clerk Ordinance No. 141 Domestic Fowl and Pigeons Page 5 of 5