HomeMy WebLinkAbout2024 01-16 CC PacketCITY OF GEM LAKE
Heritage Hall
4200 Otter Lake Road | Gem Lake, MN 55110
651-747-2790/92 | 651-747-2795 (fax)
E-mail city@gemlakemn.org
City Council Meeting – January 16, 2024
Call to Order of City Council Meeting
By Mayor Artig-Swomley at 7:_____ p.m.
Call of Roll
Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner
Approve Agenda and Minutes
• Accept the Agenda for the January 16, 2024 City Council Meeting
• Approve the Minutes from December 19, 2023 City Council Meeting
Special Presentations/Public Hearings
• None
Consent Agenda
• Resolution #2024-001 2024 Gem Lake Appointments List
• Resolution #2024-002 January 2024 Donation to White Bear Lake Area Food Shelf
• Claims
Committee Reports
• Planning Commission
Old Business
• Newsletter Updates / Topics / Suggestions
• Code Violations Update
New Business
• Metro-INET Acceptable Use Policy
• Metro-INET Training Courses
• 2024 SCORE Agreement Final
• MS4 Audit Meeting Results
• MPCA Snow & Ice Policy
• Domestic Animal Ordinance Discussion
• Future Charitable Gambling Donations
o White Bear Lake Emergency Food Shelf
Community Outreach to Other Cities and Government Bodies
Presentations from the Public, 2 minutes maximum
Open Items for Council Members to Bring Up
Future Council Meetings
• Next City Council Meeting, Tuesday, February 20, 2024
o Attendance Inquiry
• Next City Council Workshop, Monday, February 12, 2024 - CANCELED
Adjournment – The meeting adjourned at ________
City of Gem Lake City Council Meeting Minutes December 19, 2023 1 | Page
City of Gem Lake
City Council Meeting – December 19, 2023
Meeting Minutes
Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len
Cacioppo, Laurel Amlee, and Ben Johnson were present. Also present: City Attorney Kevin Beck, Acting City Clerk
Melissa Lawrence, City Treasurer Tom Kelly, City Engineer Justin Gese, SEH Water Resources Engineer Emily
Jennings, Planning Commission Member Don Cummings, Gem Lake Business Owner Chris Bettis, high school
students Tanner Noel, Dalton Jones, Brea Rautenberg, Kaitlyn Maynard, Jack Goethe, Ahghstus Bloomquist,
Michelle Mato, Aidan Kiritschenko, Dylan Rodeski, Devin Whitcomb, Omar Wani and Gem Lake residents Jim
Wilson and Daniel Epelboim.
December 19, 2023 Agenda
A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo.
Voice vote taken, all voted yes, motion passes, agenda accepted.
Minutes
A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the
November 21, 2023, City Council Meeting Minutes. Voice vote taken, all voted yes, motion carried.
Special Presentations
MS4 Presentation / Public Hearing
SEH Water Resource Engineer Emily Jennings gave a presentation on the NPDES Phase II Stormwater
Permit Program for the City of Gem Lake. NPDES is an acronym for “National Pollutant Discharge
Elimination System” and MS4 is an acronym for “Municipal Separate Storm Sewer System”. Gem Lake is
in phase II small MS4, which is general permit coverage. There are six (6) minimum control measures
(MCM) that are looked at for meeting requirements:
1. Public Education and Outreach
2. Public Participation and Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Run-Off Control
5. Post-Construction Run-Off Control
6. Pollution Prevention/Good Housekeeping for Municipal Activities
Some new things the permit is requiring for 2023 and beyond of the six (6) MCM’s is:
• MCM 1: Public Education and Outreach
o Annual Public Education & Outreach
Illicit Discharge Detection and Elimination
Deicing Salt Use
Pet Waste
o Intermittingly – High Priority Topics
Yard Waste and Construction Activities
• MCM 2: Public Participation / Involvement
o The City must provide (at least) one (1) public involvement activity that includes
pollution prevention or water quality theme
Possible partnership with VLAWMO
Some events that took place in 2022 included one (1) active construction site > 1 acre (Luther Cadillac) and
there were no illicit discharges reported.
In 2023 changes were suggested and made to Ordinance No. 131 Section 22.1 Erosion, Sediment, and
Waste Controls and 22.2 Stormwater Management to align to MS4 permit requirements.
City of Gem Lake City Council Meeting Minutes December 19, 2023 2 | Page
The City was notified on September 12 that it would be part of a routine audit which has been scheduled
for Friday, January 5, 2024.
Mayor Artig-Swomley informed those in attendance that the Council would begin with the MS4 public
hearing, and that the public would have a chance to provide input on the topic.
Councilmember Lindner introduced a motion to open the public hearing at 7:13 p.m. on the MS4 report,
seconded by Councilmember Cacioppo. Voice vote taken, all in favor, motion passes, the public hearing is
opened at 8:12 p.m.
Councilmember Lindner had a questions regarding the new public involvement activity that includes
pollution prevention or water quality theme. He was curious if a cleanup day would fulfil that requirement.
Mrs. Jennings replied that the MPCA requires documentation for the activity and that it could be a
possibility, but it may be hard to prove. The City would have a better chance fulfilling this requirement if it
partnered with a watershed. The public and Council had no additional comments or questions.
Councilmember Lindner introduced a motion to close the public hearing at 7:14 p.m. on the MS4 report,
seconded by Councilmember Cacioppo. Voice vote taken, all in favor, motion passes, the public hearing is
closed at 8:14 p.m.
Truth-in-Taxation Public Hearing
City Treasurer Tom Kelly gave an overview of the 2024 budget and property tax levy for the City of Gem
Lake. The City Council is asked to approve (pass) Resolution #2023-0029, Adopting the Final 2024
General Fund Budget and Property Tax Levy. The 2024 proposed final property tax levy is proposed at
$697,081, which is a 7.042% increase from the 2023 final property tax levy. The 2024 preliminary
property tax levy consists of a debt levy of $84,418.00 (an increase from 2023 debt levy of $2,094.00) and
the general operating levy of $612,663.00 (an increase of 7.693% from the 2023 tax levy). The following
changes were made from the 2023 adopted budget as a basis for the 2024 proposed budget and property tax
levy:
1. Based on the 2015 Refunding Bond schedule the debt levy for 2024 is set for $76,269.00. In
addition, in 2018, the City issued bonds for the improvements on Scheuneman Road and the 2024
debt levy for this issue is $5,285.00. The two of these debt levies makes up the City’s 2024 debt
levy of $81,554.
2. Did not include small government aid from the State since the City no longer qualifies. This
reduces revenues by $7,000.00.
3. City Council contingency left at $9,000.
4. Clerk/General Government budget includes $60,000.00 for wages and $11,000 for health
insurance coverage.
5. Clerk/General Government budget does not include $75,815 for the new software.
6. Planning & Zoning budget increased $4,000.00 based on past expenditures.
7. Police budget was increased 12.38% to $129,466 based on the City of White Bear Lake budget
provided us and includes $115,877 for police services and $13,589 for debt payments on the new
public facilities building.
8. The cost of fire services could increase 43.04% to $48,669.00. It includes $31,982 for fire
services, $7,746 for fire marshal services, and $8,941 for debt payments on the new public
facilities building.
a. Overall, the City of White Bear Lake would like you to pay $22,530 for the next 20 years
for their new facility.
9. Road Maintenance budget includes $20,000 for road maintenance/repair and $10,000 for trimming
boulevard trees.
10. Salt/sand reduced $3,000 to $12,000 and snow plowing contract decreased from $17,000 to
$14,000, both based on past expenditures.
11. Heritage Hall budget includes $12,000 for building improvements to the office doors and front
window for security and $12,000 for the irrigation system.
City of Gem Lake City Council Meeting Minutes December 19, 2023 3 | Page
12. Included a park maintenance budget of $7,000 for maintaining park area of the Villas of Gem
Lake.
13. The 2024 budget includes $20,000.00 for future improvements.
14. Revenue and other expenditure line items adjusted based on past history.
These changes result in the City proposed final tax levy of $697,081.00 for 2024. This compares to 2024
preliminary levy of $717,742.00 and 2023 final levy of $651,221.00. Using a 2024 property tax levy of
$697,081.00 and the City’s 2024 tax capacity ($1,760,258.00) and median valued home ($429,600.00) for
Gem lake, that median valued home, would pay City property taxes of $1,530.99 in 2024 compared to 2024
preliminary levy of $1,733.53 (an decrease of $202.54) and the 2023 final levy amount of $1,450.95 (an
increase of $80.04).
Mayor Artig-Swomley informed those in attendance that the Council would begin with the Truth-in-
Taxation public hearing, and that they public would have a chance to provide input on the topic.
Councilmember Lindner introduced a motion to open the Truth-in-Taxation public hearing at 7:28 p.m.,
seconded by Councilmember Cacioppo. Voice vote taken, all in favor, motion carried.
Mayor Artig-Swomley had a question for City Attorney Kevin Beck regarding the White Bear Lake debt
levy basically double charging the City for White Bear Lakes building upgrade and if the City should be
pursuing a lawsuit and where the City currently stands. City Attorney Kevin Beck shared that the City is
not currently pursuing anything and that it would most likely end up costing a lot to pursue and the City
may not win. White Bear Lake does not agree that what they are doing is wrong. Mr. Beck stated “is it
illegal? I feel it is, but White Bear Lakes lawyer does not”. There is no case law on this topic specifically,
so it is difficult to say which way it could go if the City does pursue it.
Planning Commission Member Don Cummings asked if there was a specific line item for the depreciation
of the Summit Farm Lane utility pipe. City Treasurer Tom Kelly said it is not listed on the general fund
budget, but there is a line item in a different report.
The public and Council had no other comment.
Councilmember Lindner introduced a motion to close the Truth-in-Taxation public hearing at 7:35 p.m.,
seconded by Councilmember Amlee. Voice vote taken, all in favor, motion carried.
Consent Agenda
Resolution #2023-0028 December 2023 Donation to White Bear Lake Area Food Shelf
Resolution #2023-0029 Accepting 2024 Budget & Levy
Tobacco Licenses
Resolution #2023-0030 Smoke Den Tobacco & Vape 2024
Liquor Licenses
Resolution #2023-0031 Country Lounge Liquor Licenses 2024
Edible Cannabinoid Products License
Resolution #2023-0032 Smoke Den Edible Cannabinoid Products License 2024
Resolution #2023-0033 Approving Operating Transfers
2024 Annual Designation of City Official Depository
2024 LMCIT Liability Coverage Waiver Form
Monthly Financial Report(s)
Claims
All items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a
motion to approve all the items listed on the consent agenda as is, seconded by Councilmember Cacioppo.
Voice vote taken, all in favor, motion carried.
Committee Reports
There was no Planning Commission meeting held in December, so there is nothing to report.
City of Gem Lake City Council Meeting Minutes December 19, 2023 4 | Page
Old Business
Newsletter Updates / Topics / Suggestions
Mayor Artig-Swomley presented ideas for the next edition of the City Newsletter to include pieces such as
information on the 2024 City Budget, the presentations from the City of White Bear Lake, Cadillac Ribbon
Cutting, MS4 Report, Recycling, Smart Salting, and possibly something on the Corridor Project.
Code Violation – 1621 Goose Lake Road
December 4th, 2023 has come and gone. Mr. Igo’s lawyer did not reach out before that deadline. A new
hearing date has been scheduled for January 26th for a motion for default. This hearing date could grant
motion to schedule removal to which the property owner would be billed for.
New Business
2024 Fee Schedule Approval
Minimal changes were made to the fee schedule for 2024:
• Commercial flat rate demolition fee was changed to be based off of valuation.
• Fire Protection section were added
• Sewer and Water connection fees were updated to fall in line with a similar fee
• City sewer charges were increased by $5.00 per quarter to match the metered rate
• Edible Cannabinoid License fees were added
Councilmember Lindner requested that a change be made to the Heritage Hall Rental fee for the
cleaning/staffing fee. Currently the fee is a flat rate of $30.00. Councilmember Lindner suggests we change
it to a per hour fee with a minimum of 2 hours and change the fee for $20.00/hr for residents and $25.00/hr
for non-residents. Mayor Artig-Swomley agreed with this suggestion.
Councilmember Lindner introduced a motion to accept the 2024 Fee Schedule with the suggested changes
to the room rental fees, seconded by Councilmember Cacioppo. Voice vote taken, all in favor, motion
carried.
2024 Meeting Schedule
Council reviewed the meeting dates for the year and had no issues.
2024 COLA Discussion
According to the Consumer Price Index there was a 3.1% COLA increase for 2024. While an increase is
not guaranteed each year, the budget included a 3.1% increase for all city employees. Councilmember
Lindner introduced a motion to approve a 3.1% increase for city employees, seconded by Councilmember
Cacioppo. Voice vote taken, all in favor, motion carried.
Earned Sick and Safe Time (ESST) Discussion
January 1, 2024, Minnesota’s new earned sick and safe time law goes into effect. This law requires
employers to provide paid leave to employees who work in the state. The Council would like to ask City
Attorney Kevin Beck to take a look at the City’s current employee manual to include language on the new
law.
Councilmember Lindner introduced a motion to request the services of the City Attorney to review the
employee manual and suggest language for the new law, seconded by Councilmember Cacioppo. Voice
vote taken, all in favor, motion carried.
Clerk Training
University of Minnesota – Permit Technicians – 1/22/2024
Acting City Clerk Melissa Lawrence will be closing the office on January 22, 2024 to attend
permit technician training. The City Council encourages training whenever available.
City of Gem Lake City Council Meeting Minutes December 19, 2023 5 | Page
Future Charitable Gambling Donations
White Bear Lake Emergency Food Shelf
Mayor Artig-Swomley suggested that the Council make a donation in January in the amount of
$1500.00 to the White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a
motion to request a donation in the amount of $1500.00 for the White Bear Lake Emergency Food
Shelf, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried.
Community Outreach to Other Cities and Government Bodies
City Attorney Kevin Beck has a call scheduled for Thursday, December 21, 2023 with to get an update on the
Vadnais Heights water proposal with the City Attorney. Vadnais Heights has made it clear that no progress will be
made until the court preceding’s with the DNR have been settled.
Presentations from the Public, 2 Minutes Maximum
None
Open Items for Council Members to Bring Up
Mayor Atrig-Swomley brought up that the Acting City Clerk has an inquiry about cats being licensed. At this time
the City does not license cats, but many surrounding Ramsey County cities do. This is something for the Council to
discuss further.
Future Council Meetings
City Council, Tuesday, January 16, 2024. City Council Workshop, Monday, January 8, 2024 is CANCELED.
Attendance Inquiry
At this time all Councilmembers in attendance will be at the January meeting.
Adjournment
Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember
Cacioppo, the meeting adjourned at 7:46 p.m.
Respectfully submitted, Melissa Lawrence
City of Gem Lake Planning Commission Meeting Minutes January 9, 2024 1 | Page
City of Gem Lake
Planning Commission Meeting – January 9, 2024
Meeting Minutes
Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt,
Derek Wippich and Don Cummings were present. Not present was Stephanie Farrell. Also present: City Planner
Evan Monson, City Attorney Kevin Beck, Acting City Clerk Melissa Lawrence and resident Tom Hoffman.
January 9, 2024
A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Voice vote
taken, all voted yes, motion passes, agenda accepted.
Minutes
A motion was made by Commissioner Pratt to approve the November 14, 2023, Planning Commission Meeting
minutes, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion passes, minutes are
approved.
Public Hearings
None
Old Business
Ordinance No. 45 Garbage and Refuse Discussion
Commission Chair Joshua Patrick looked to City Attorney Kevin Beck and Acting City Clerk Melissa
Lawrence to give an overview of the Councils feelings on the garbage survey results and the next steps the
Council wanted the Commission to take.
Both the City Attorney and Acting City clerk agreed that the Council is not seeking any radical restructure
at this time and would like the Commission to continue to update the current ordinance as it is 30 years old.
Commissioner Cummings interpreted the Council’s response the same way.
The Commission would like to suggest to the Council that City Planner Evan Monson or Acting City Clerk
Melissa Lawrence request bids to see what it would cost if the City decided to contract out a garbage
hauler. Resident Tom Hoffman voiced his opinion on the topic and feels that this doesn’t need to be another
thing that the government need to regulate and has heard from many of his neighbors that they would not
be in favor of a city contracted garbage hauler. Once bids are received the city may want to send out
another survey getting feedback from the residents once they see what it could cost if the city does contract
out to one hauler.
City Planner Evan Monson has found some language that could be updated but is seeking feedback from
the commission as he does not live in the city. The suggestions made at the November 14, 2023 meeting are
still some areas that the commission would like addressed. The Commission will continue to look through
the ordinance and see if there are any other suggestions.
New Business
Gem Lake Tree Policy Discussion
The Commission reviewed the current city policy. The current policy only covers what the city is
responsible for and doesn’t address how dead, dying, or diseased trees should be handled on private
property. The Commission doesn’t think anything should be added to the current policy and that changes
shouldn’t necessarily be made to ordinances. City Attorney Kevin Beck suggested that the city add a quick
FAQ page on the city website to address possible situations and include a list of arborists like other cities
and towns do. The Commission thinks this would be a great next step.
City of Gem Lake Planning Commission Meeting Minutes January 9, 2024 2 | Page
Open Items for Commission Members to Bring Up
Commissioner Cummings brought up when Barnett attended a past Commission meeting and that it was good to
hear from them about their plans. Since then, Commissioner Cummings has heard through the grapevine that
AutoNation Ford is looking at a possible remodel. It would be wise to keep this in mind and think about how these
requests will affect Gem Lake’s current zoning ordinance and Comprehensive Plan.
Future Meetings
City Council Meeting, Tuesday, January 16, 2024 at Heritage Hall, and Planning Commission Meeting, Tuesday,
February 13, 2024 at Heritage Hall.
Attendance Inquiry
Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues
attending the February 13, 2024 meeting. At this time those in attendance have no scheduling conflicts.
Adjournment
Being there no further business, following a motion from Commissioner Cummings, seconded by Commissioner
Pratt, the meeting adjourned at 7:45 p.m.
Respectfully submitted, Melissa Lawrence
City of Gem Lake, MN
Resolution No. 2024-001
January 16, 2024
A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE FUNCTIONS
NECESSARY FOR SUPPORTING THE GOVERNING BODY OF THE CITY OF GEM LAKE, RAMSEY
COUNTY, MINNESOTA.
WHEREAS, the individuals, municipalities and or companies identified have agreed to serve in the appointed
positions identified for the period 01 January 2024 to 31 December 2024 or until replaced by another in and updated
Resolution.
Appointed City Officials and other appointed companies to represent the City:
Per Statute these positions / businesses are required
Back-up Mayor: Jim Lindner
Acting City Clerk: Melissa Lawrence
City Treasurer: Thomas Kelly, White Bear Township
Data Practices Responsible Authority: Melissa Lawrence
Official City Depository (Bank): Premier Bank
Official City Publication (for Public Notices): White Bear Press
City Committees or Commissions
Planning Commission Chair: Joshua Patrick
Planning Commission Member: Stephanie Farrell
Planning Commission Member: Don Cummings
Planning Commission Member: Art Pratt
Planning Commission Member: Derek Wippich
Other City Positions
City Prosecuting Attorney: Attorney Robb Olsen
City Auditor: Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR)
City Emergency Services Director: James Lindner
City Engineers: Short Elliot Hendrickson, Inc. (SEH)
City Code Enforcement Officer: Michael Johnson, White Bear Township
City Attorney: Kevin Beck, Kelly & Lemmons, P.A.
City Planner: Evan Monson, TKDA
Zoning Administrator: Evan Monson, TKDA
Heating and Air Conditioning: Corporate Mechanical
Health Services Representative: Kim Anderson-Uzpen
City Inspectors
Chief Building Official: Michael Johnson, White Bear Township
Building Inspector: Michael Johnson, White Bear Township
Plumbing Inspector: Michael Johnson, White Bear Township
ISTS/Sewer Inspector: New Systems - Michael Johnson, White Bear Township
ISTS Inspector: Brian Humpal, Midwest Soil Testing
Mechanical/HVAC Inspector: Michael Johnson, White Bear Township
Electrical Inspector: Nykanen Inspections, LLC
Weed Inspector: Gretchen Artig-Swomley
Assistant Weed Inspector: Laurel Hynes-Amlee
Contractors for City Services
City Forester: The Davey Tree Expert Company, South St. Paul, Minnesota
Sewer Inspection/Maintenance Contractor: White Bear Township
Law Enforcement Contractor: City of White Bear Lake Police Department
Fire, Fire Marshall, Paramedic Contractor: City of White Bear Lake Fire Department
Animal Control Contractor: City of White Bear Lake Police Department
City Public Works Coordinator: White Bear Township
IT and VOIP Telephone Coordinator: Metro-INet IT
City Representatives to Outside Groups and Organizations
Ramsey County League of Local Government Reps – Primary: Ben Johnson
Ramsey County League of Local Government Reps – Alternate: Laurel Hynes-Amlee
VLAWMO Board of Directors Member – Primary: James Linder
VLAWMO Technical Commissioner: Gloria Tessier
INDEX
WBT: White Bear Township
The motion for adoption of the foregoing Resolution was duly proposed by Councilmember __________ and
seconded by Councilmember __________, and upon vote being taken thereon, the Resolution passed with a vote of
_____ in favor and _____ against.
Whereupon said Resolution was declared duly passed and adopted by the City Council of the City of Gem Lake, on
January 16, 2024.
BY: ATTEST:
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
City of Gem Lake, MN
Resolution No. 2024-002
January 16, 2024
A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A
PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR
LAKE AREA FOOD SHELF.
WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds
received from the Country Lounge
WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt
organizations
WHEREAS, the City of Gem Lake City Council suggested a donation at their December 19,
2023 meeting in support of the White Bear Lake Area Food Shelf.
NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City
Treasurer is authorized to send $1,500.00 to support the White Bear Lake Area Food Shelf for
the month of January 2024.
The motion for adoption of the foregoing Resolution was duly introduced by Councilmember
__________ and supported by Councilmember __________, and upon vote being taken thereon,
the resolution passed with a vote of _____ in favor and _____ against.
ATTEST
I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on the date
first written.
January 16, 2024
Melissa Lawrence, Acting City Clerk Date
Special Interest
Articles:
• Gem Lake Final 2024
Budget Approved
• Gem Lake MS4 Permit
Audited
• Recycling in Gem Lake
• White Bear Lake
Annual Report
• Smart Salting
• City News, Page 7
Scheduled Recycling
Dates:
• February 14
• February 28
• March 13
• March 27
Gem Lake Final 2024 Budget Approved
The 2024 Final Gem Lake Budget was approved on
December 19, following the city’s required “Truth in
Taxation” hearing. The city council approved a final
property tax levy of $697,081, which is a 7.042%
increase from the 2023 final property tax levy.
However, it is a decrease of almost $20,000 from the
2024 preliminary budget of $717,742 that was
approved in September. By State law, cities must
establish a preliminary budget by the end of
September, while final figures are being worked out.
Cities can decrease the final budget numbers, but
can’t go over whatever they establish in September
as their preliminary budget. State law also mandates
that the final property tax levy must be established by
each city by December 29.
Gem Lake’s final levy of $697,081 consists of a debt
levy of $84,418 (an increase from the 2023 debt levy
of $2,094) and the general operating levy of
$612,663 (an increase of 7.693% from the 2023 tax
levy.
(Continued on Page 2)
Gem Lake’s MS4 Permit Audited
Gem Lake’s Municipal Separate Storm Sewer
System (MS4) permit was recently audited by the
Minnesota Pollution Control Agency (MPCA). The
MPCA routinely audits every MS4 throughout the
state on a random basis, so it was not a matter of if
,but when, Gem Lake would have its turn.
The audit consisted of a review of the approximately
75 items identified on the permit. Most items concern
various “best practices” intended to safeguard
against discharging chemicals or other toxins into the
public water system. Since storm drains transport
storm water directly into rivers and lakes, there is no
treatment process involved. The permit emphasizes
preventive measures such as construction site
inspections, or physical berms or retention ponds that
are designed to filter water before it enters the main
storm sewer network.
(Continued on Page 2)
Gem Lake News
February 2024 | Volume 18 | Issue 1 Gretchen Artig-Swomley, Newsletter Editor
Gem Lake News Page 2 of 8
Gem Lake Final 2024 Budget
Approved (Continued from page 1)
Here are several notable items in the 2024 budget:
• The budget includes $20,000 for road maintenance
and repairs and $10,000 for trimming boulevard
trees.
• Based on 2023 expenditures, the salt/sand budget
was reduced $3,000 and the snow plowing contract
was decreased $3,000.
• The City does no longer qualifies for small
government aid, which reduces revenues by
$7,000.
• The police budget from the City of White Bear Lake
was increased 12.38% to $129,466. This includes
$115,877 for police services and $13,589 for debt
payments on their new public facilities building.
• The fire service budget from the City of White Bear
Lake increased 43.04% to $48,669. It includes
$31,982 for fire services, $7,746 for fire marshal
services and $8,941 for debt payments on their new
public facilities building.
• It is notable that the City of White Bear Lake is
asking the City of Gem Lake to pay $22,530 for the
next 20 years for their new facility.
• The Heritage Hall budget includes $12,000 for
building improvements and $12,000 for an irrigation
system.
• The City Council contingency budget item was left
at $9,000.
Using the 2024 property tax levy of $697,081 and the
city’s tax capacity ($1,760,258), combined with the
median valued home ($429,600) for Gem Lake, that
median valued home would pay city property taxes of
$1,530.99. This is an increase of $80.04 from the 2023
final levy amount.
Gem Lake’s MS4 Permit
Audited (Continued from page 1)
Gem Lake’s city engineers, representatives from the
firm Short Elliott Hendrickson (SEH), along with
councilmember Jim Lindner, the city’s designated MS4
contact, met with two members from MPCA and
reviewed several pieces of documentation submitted
prior to the audit. While Gem Lake did not have a
flawless audit, the deficiencies cited were limited to
cases of staff training documentation and the need for a
formal snow and ice policy, a draft of which is already
scheduled for the upcoming January city council
meeting.
While audits are never fun, and can be a bit intimidating,
Gem Lake’s first-ever MS4 audit was relatively painless
and all participants managed to remain awake
throughout the process. Now that the city knows what to
expect, it’s anticipated that future audits will proceed
without anxiety.
Gem Lake News Page 3 of 8
Recycling in Gem Lake
An online challenge is being hosted by Hennepin,
Ramsey and Washington counties to engage residents
in learning about plastic and committing to actions that
help reduce plastic use. This year’s challenge will take
place during the month of February 2024 and
registration opened in January.
Kickstart your plastic-free journey: Take the Plastic-
Free Challenge
Plastics can be a hassle – they create clutter and can be
confusing to recycle – plus they contribute to litter, harm
water and wildlife, and have largely unknown health
impacts for us. Fortunately, there’s a lot we can do to
help create a plastic-free world, from learning more
about plastic waste and recycling to making simple
swaps to advocating for changes in your community and
sharing your story with others.
Be part of the solution to reduce waste, protect water
and wildlife, address climate change, and look after the
health of ourselves and future generations by joining the
Plastic-Free Challenge (tcplasticfree.ecochallenge.org).
About the Plastic-Free Challenge
The Plastic-Free Challenge is a month-long effort
starting February 1 to reduce plastic consumption,
especially single-use plastics, in ways that fit best in
your lifestyle and have the most impact on reducing your
footprint. Businesses, organizations, and community
groups can also join the challenge as Plastic-Free
Challenge partners.
The challenge runs during the month of February 2024.
Sign up opened on January 1.
A reminder from Republic Services regarding the proper
placement of carts in the winter.
By now you all should have received the 2024 Recycling
Collection Schedule from Republic Services. This
schedule can also be found on Gem Lake’s website
under Resources & Information → Trash and Recycling.
Gem Lake News Page 4 of 8
White Bear Lake Fire
Department Presents Annual
Report
Key representatives from the City of White Bear Lake
provided the Gem Lake City Council with a
comprehensive overview of fire services and related
matters for 2022-23 at the Gem Lake City Council
Meeting on November 21.
Gem Lake contracts through White Bear for both fire
protection and law enforcement services. According to
Fire Chief Greg Peterson, 80% of Calls for Service from
Gem Lake to the fire department are medical related and
20% are fire/rescue related. In 2022 the fifty calls broke
down as follows:
• Emergency Medical Service (Ambulance) 40
• Lift Assist 3
• Alarm Sounding 3
• Commercial Building Fire 1
• Brush Fire 1
• Rubbish Fire 1
• Natural Gas Odor 1
For all their contract cities, the top five types of medical
call, in order of occurrence, are sick person in general,
falls, breathing problems, unconscious person, and
psychiatric issues. The call volume for White Bear Lake’s
Fire Department service area has grown substantially
since 2017, when they responded to 3,599 requests for
service. In 2022, that call volume had grown to 5,283.
The Department serves a 35 square mile area,
encompassing not only the City of White Bear Lake, but
also Dellwood, Birchwood, White Bear Township and the
City of Gem Lake. The total population of this area is over
40,000.
The White Bear Lake Fire department has 16 full time
Firefighters/paramedics and 19 part-time employees,
although they feel they need 21 part-timers.
White Bear’s Fire and Police Departments are currently
engaged in a major building project at their new and
remodeled Public Safety Facility, located on Highway
61 next to the White Bear Lake City Hall. This multi-
million dollar project includes the replacement of the fire
apparatus bay, addition of a police garage, interior
remodeling to support current and future operations,
addition of secure staff parking and needed building
updates. Phase One of the renovation is complete, with
final completion expected in late summer of 2024.
Cadillac Dealership Holds
Ribbon Cutting Ceremony
Luther Cadillac of Vadnais Heights and Gem Lake held
its official ribbon cutting ceremony on December 7. The
open house gave the public the chance to view the
Cadillac dealership’s new showroom, which opened its
doors on August 7 of this year.
The project is unique for several reasons. First, the
dealership has rolled out a beautiful new template for
their dealership buildings that features a spacious
service area, and comfortable waiting and car
preparation areas. This showroom design will be
gradually rolled out across the nation. Second, the
project is unique because this dealership spans the
borders of two cities. The bulk of the property, including
the building itself, is located in the City of Vadnais
Heights. The northern portion of the parking lot is
located in the City of Gem Lake. The Dealership’s
general manager Perry Feavel says he is looking
forward to working with the surrounding community in
the years ahead.
Gem Lake News Page 5 of 8
Smart Salting Tips for Gem Lake Residents and Businesses
Smart salting is a concept that refers to being thoughtful
about your use of winter salting in order to maintain
groundwater quality and help the environment.
According to the Vadnais Lakes Area Water
Management Organization (VLAWMO), one teaspoon of
rock salt is enough to pollute 5 gallons of water! Once
salt is introduced into our lakes and wetlands, it’s stuck
in that water as it moves along to larger rivers and lakes.
This changes the aquatic environment and harms our
water resources over time. In addition to posing threats
to water quality, salt causes damage to concrete and
asphalt, potentially causing it to heave or crack.
What can you do to create smart salting good habits?
• Use tools first: Shovel, scraper, or broom.
• Disperse salt or other de-icers evenly without piles.
The goal is not to form a blanket, but to break the
bonds of ice/compacted snow.
• Once salt crystal infiltrate the ice/compacted snow,
a scraper can chop and scrape the surface.
Shoveling off the ice chunks reduces the need to
re-apply.
Salt that’s diluted with meltwater becomes less
effective: refreezing occurs and raises the risk for
falls.
• More product doesn’t mean faster results: The
chemical reaction depends on temperature.
• Excess product remains in meltwater and runoff
• Never apply de-icers to dry pavement or loose snow
• Sweep up extra salt and sand.
Gem Lake News Page 6 of 8
Fee Schedule Changes
Minimal changes were made to the Gem Lake fee
schedule for 2024. These changes were made at the
December 19 Gem Lake City Council meeting.
Changes included the following types and categories:
• The commercial rate for demolition of a structure
was changes from a flat rate to a fee based on
valuation
• A Fire Protection section was added
• Sewer and water connection fees were updated for
consistency
• City sewer charges were increased by $5.00 per
quarter to match metered rates
• An edible cannabinoid license fees were added
• The rental fee for Heritage Hall was changed from
a flat fee of $30 to a per hour fee of $20 per hour
for residents and $25 per hour for non-residents,
with a two hour minimum.
A copy of the complete fee schedule is available the
Gem Lake web-site.
Have You Licensed Your Dog?
Dog license renewals were due by January 1, 2024.
Gem Lake Ordinance No. 140 requires the licensing of
all dogs who reside within city limits. All residents were
sent a letter outlining the requirements and provided the
application form to get the job done. It’s quick and easy
and costs $10. You will need to include your current
rabies certificate. In return you will get a dog tag with a
number on it. This could come in handy if your dog ever
relocates itself.
You can mail in the form with payment, or call the office
to arrange for credit card payment. Call Melissa
Lawrence at 651-747-2790.
Just a reminder: if you are keeping chickens, driving a
golf cart along city streets or have a rental property, you
also need a license. Call for more information.
Gem Lake News Page 7 of 8
City News
Edible Cannabis Products License
Approved
Gem Lake’s first license for the sale of edible cannabis
products (also known as cannabis gummies) was
approved by the city council at the December 19 City
Council meeting. This license went to C & C Enterprises,
DBA Smoke Den, located at 1599 County Road E. East
in Gem Lake for 2024.
The City is authorized to issue such a license due to
changes in State Law and after establishing an interim
city ordinance on the sale of edible cannabis products at
the November City Council meeting. The licensee then
filled out a city license application form, submitted to a
background check and otherwise met all the
requirements set forth by the City and the State of
Minnesota.
Winter Parking Regulations Now in
Effect
Winter Parking Regulations are in effect November 1,
2023 through April 1, 2024.
• No parking on any road or street between the hours
of 2:00 a.m. and 6:00 a.m.
• No parking after a snowfall of 1” (one inch) or more
• No vehicles shall be parked on the streets and
boulevards until plowing and snow removal is
complete
• On trash & recycling days, place garbage cans at
the end of the driveway and behind the street edge,
not in the street
• Keep your mailbox clear of snow
• Please keep a clear path to the fire hydrants in your
neighborhood
Your neighbors, Public Works Department, Mail
Carriers, and Trash and Recycling Haulers appreciate
your cooperation this winter.
Gem Lake Has a Facebook Page
Acting City Clerk Melissa Lawrence has designed and
published a Facebook page for the City of Gem Lake.
The address is: www.facebook.com/CityofGemLakeMN
The Facebook pages focus primarily on special
announcements and news items, events, etc. It is
intended to compliment rather than replace the city
website. Please check it out and “like” and “follow” the
page. We are also looking for a few appropriate Gem
Lake photos. Your feedback is welcome!
Charitable Gambling Donations
Donations of $1500 were approved by the Gem Lake City
Council in December 2023 and January 2024 to be given
to the White Bear Area Food Shelf. These donations
come from charitable gambling receipts that result from
pull-tab and bingo sales within city limits.
Heritage Hall Holiday Office Closures
Heritage Hall will be closed February 19 for President’s
Day.
All other hours remain the same. Have a safe holiday!
The City of Gem Lake
Phone:
(651) 747-2790
Fax
(651)-747-2795
City Hall Address:
4200 Otter Lake Road
Gem Lake, MN 55110
General E-mail:
city@gemlakemn.org
Newsletter E-mail:
Gretchen.artig-
swomley@gemlakemn.org
This newsletter is also posted
on the city’s website under the
“Documents” section and the
“News and Updates” section.
www.gemlakemn.org
After Hours Public Works
Emergency Number:
651-755-9828
(For water main breaks, main
city sewer back up, collapse of
manhole, etc. Or call 911)
Meetings: February and March 2024
The following Gem Lake
meeting will be held in the
months of February and
March. All meetings are
held at Heritage Hall
unless otherwise indicated.
See also the Gem Lake
web-site for more
information.
February 12, 2024
City Council Workshop is
CANCELED
February 13, 2024
Planning Commission
Meeting is CANCELED
February 20, 2024
City Council Meeting at
7:00 p.m.
March 11, 2024
City Council Workshop is
CANCELED
March 12, 2024
Planning Commission
Meeting at 7:00 p.m.
March 19, 2024
City Council Meeting at
7:00 p.m.
Your Gem Lake City Council
Mayor:
Gretchen Artig-Swomley
Email: gretchen.artig-
swomley@gemlakemn.org
City Council Members:
Laurel Amlee
Email: laurel.hynes-
amlee@gemlakemn.org
Len Cacioppo
Email: len.cacioppo
@gemlakemn.org
Ben Johnson
Email: ben.johnson
@gemlakemn.org
Jim Lindner
Email: jim.lindner
@gemlakemn.org
You can also reach each
city council member by
calling 651-747-2790. After
hours you can follow the
prompts for the city council
directory.
CITY OF GEM LAKE
4200 Otter Lake Road
Gem Lake, MN 55110
2024 SCORE Agreement
1
AGREEMENT BETWEEN
RAMSEY COUNTY AND THE CITY OF GEM LAKE
FOR A SCORE FUNDING RECYCLING GRANT
This Agreement is between Ramsey County (the "County") and the City of Gem Lake (the
“Municipality”).
1. OBLIGATIONS
a. Collection
1. The Municipality shall ensure residential recycling service is available weekly or every other
week to residents at their place of residence, including all multi-unit dwellings and
manufactured home parks.
2. The Municipality shall provide recycling for at least the following materials at curbside and
multi-unit dwelling properties:
a. Paper.
b. Cardboard.
c. Glass bottles.
d. Metal cans.
e. Cartons.
f. Plastic beverage and food containers.
g. Organics when present.
3. Ensure the collection of textiles for recycling is available to residents through curbside
collection and to multi-unit dwellings through special collection or drop-off.
4. The Municipality shall add additional recyclable materials as reliable markets become
available.
5. The Municipality shall maintain a long-term funding mechanism for its residential recycling
programs.
6. The Municipality commits to the following one incentive resources,
RECYCLING
Bulky Waste Collection: Establish an efficient and effective program to provide
collection of bulky waste items from single family homes at no cost or a discounted
price and that also prioritizes recycling and/or reuse.
Engage Small Businesses. Include small businesses in curbside recycling services and
actively engage those businesses to participate in the service.
Promote BizRecycling. Actively work with and promote BizRecycling to businesses and
institutions in collaboration with Ramsey/Washington Recycling & Energy for organics
recycling and food waste reduction programs.
Promote Multi-unit Recycling. Actively work with and promote free resources and
grants to multi-unit building in collaboration with Ramsey/Washington Recycling &
Energy to improve and/or start recycling at multi-unit dwellings.
2024 SCORE Agreement
2
Continuous Monitoring and Improvement: Establish a monitoring system to track
recycling metrics regularly. Analyze data to identify areas for improvement and adjust
strategies, accordingly, ensuring a dynamic and responsive recycling program.
Develop and implement a recycling and Environmental Justice: This initiative aims to
enhance recycling practices while addressing environmental justice concerns within our
community.
REUSE
Collaborate with the County for Mattress Collection and Bulky Waste: Partner with the
County and the R&E Center to facilitate mattress collection. Embed reuse into cleanup
events by implementing an efficient program for gathering bulky waste items from
single-family homes at either no cost or a discounted price. Give priority to recycling and
reuse to ensure the program's effectiveness and environmental consciousness.
REPAIR
Partner with the County to host Fix-it Clinics: Collaborate with the County to host Fix-it
Clinics, creating a platform where residents can bring items in need of repair. This
initiative aims to promote a culture of sustainability by encouraging repairs and
extending the life of products, aligning with our commitment to environmental
consciousness.
Collaborate with the County on Deconstruction Grants: Collaborate with the County on
deconstruction grants to support sustainable practices in construction and demolition
projects. This partnership aims to encourage environmentally responsible methods that
prioritize the salvaging and recycling of materials, contributing to the overall goals of
reducing waste and promoting resource efficiency.
ROT
Organics Drop-off Site: Co-sponsor an organics drop-off site with the county (specifically
for suburban cities).
REDUCE
Educational Outreach Programs: Launch targeted educational campaigns to inform
residents about proper recycling practices. Provide clear guidelines on sorting
recyclables, emphasizing the importance of contamination-free recycling bins.
Recycling Contamination Reduction Plan: Develop and implement a contamination
reduction plan, including educational materials, community workshops, and regular
communication to address common misconceptions and errors in recycling.
Community Recycling Events: Organize regular community recycling events to facilitate
the proper disposal of specific items, such as electronics, hazardous waste, or hard-to-
recycle materials. Collaborate with local recycling facilities to maximize the effectiveness
of these events.
ADDITIONAL INCENTIVES
Trash to Treasure Day: The city will organize a trash to treasure event where
individuals will repurpose discarded items, transforming them into valuable or artistic
creations. Participants salvage materials that might otherwise be considered waste and
give them new life, fostering creativity and sustainability.
2024 SCORE Agreement
3
Guidelines for fulfilling the Municipality’s obligations for this incentive are included in the
Recycling Performance Work Plan as described below in 1(b).
b. Recycling Performance Work Plan
During 2024, the Municipality shall implement the strategies on the Recycling Performance
Work Plan, specific to the Municipality, attached as Exhibit 1, to measure its progress towards
achieving recycling goals. Work plans may be updated if agreed to by both parties in writing.
c. Reimbursement
1. Expenses eligible for reimbursement must be in accordance with the established eligible
expenses. Funds not spent by the Municipality during the budget year will be retained by
the County. Unspent funds may be used by the County for SCORE-eligible expenditures as
determined by the County. If applicable, the Municipality shall use the SCORE funds as
specified by the Joint Powers Agreement for Recycling Funding dated July 1, 2019.
2. The County shall reimburse the Municipality a maximum not to exceed sum of $1,298 in
base funding with $247 in incentive funding. Subject to the provisions of section 1(c)(5)
below, the Municipality shall receive two payments for base funds. A payment of 50% of the
total base funding award will be made within 35 days of receipt of an invoice, and in no case
prior to the first day of March. The second payment of 50% of the total base funding award
will be made within 35 days of receipt of an invoice, and in no case before the first day of
June. The Municipality may invoice for the entire incentive funding amount upon
completion of the incentive project by submitting an invoice and appropriate
documentation of expenses.
3. The Municipality shall not use grant funds for expenses, or a portion of expenses, which
have been or will be reimbursed by other parties, or for expenses that do not meet the
eligibility criteria outlined in the SCORE grant application.
4. The County's obligation under this Agreement is subject to the availability and provision of
funding from the State of Minnesota. The County may immediately cancel this Agreement
or reduce the reimbursement to the Municipality to the extent funds received from the
State are reduced or eliminated. The County is acting as fiscal agent for the Municipality and
in no event shall be obligated to reimburse the Municipality in an amount in excess of that
actually received from the State.
5. The County may deny reimbursement to the Municipality, or seek recovery of payments
disbursed to the Municipality, if the Municipality is unable to verify that recycling collection
service is provided at each place of residence, including multi-unit dwellings and
manufactured home parks. The amount that the County may deny or seek recovery of, is
that portion of the grant amount equivalent to the proportion of households not provided
recycling collection service.
d. Program and Performance Reports
2024 SCORE Agreement
4
1. The Municipality shall meet with county staff for a mid-year status update related to the
SCORE incentives funds by July 5, 2024.
2. The Municipality shall submit a year-end report to the County through ReTRAC, the County’s
recycling and solid waste data management tool, by February 14, 2025. The report is to
include information on recycling at all residential units, including multi-unit dwellings and
manufactured home parks, even if the Municipality does not provide collection services to
those units.
a. Starting in 2024, the municipality will need to submit a narrative report to support the
incentive work completed within the year. The Municipality is responsible for providing
complete and accurate information for all applicable screens in the ReTRAC database.
e. Financial Reports
1. The Municipality shall submit, if requested by the County in its sole discretion, an audited
financial report that shows how funds received from the County pursuant to this Agreement
were disbursed.
2. Financial reports shall be in a form to be determined by the County, in its sole discretion.
3. If the municipality has a Joint Powers Agreement for Recycling Funding, the Municipality
shall submit a letter which certifies that SCORE funds have been used pursuant to the Joint
Powers Agreement and this Agreement.
2. TERM
The term of this Agreement shall be from January 1, 2024, through December 31, 2024.
3. CANCELLATION
Either party may cancel this Agreement at any time upon thirty (30) days written notice to the other
party. In the event of termination, the Municipality shall be entitled to reimbursement for those
eligible expenses incurred up to the termination date, provided the expenses have been incurred
according to the budget shown in Attachment A and the Municipality is not otherwise in default of
any terms and conditions in this Agreement.
4. DEFAULT
Any of the following shall constitute default on the part of the Municipality:
a. The failure of the Municipality to use funds in a manner consistent with this Agreement and
Attachment A.
b. The failure of the Municipality or its (sub)contractor(s) to use their best efforts to ensure the
maximum collection and marketing of recyclable materials from all residential units.
2024 SCORE Agreement
5
c. The failure of the Municipality to provide information satisfactory to the County as required in
this Agreement, including information for the report required under Section 1(d).
d. The failure of the Municipality to meet any terms and conditions of this Agreement.
5. GENERAL CONDITIONS
a. All services and duties performed by the Municipality pursuant to this Agreement shall be
performed to the satisfaction of the County and in accordance with all applicable federal, state,
and local laws, ordinances, rules and regulations as a condition of payment. The Municipality
agrees that it will comply with all federal, State and local statutes and ordinances relating to
nondiscrimination.
b. The Municipality is an independent contractor and shall not be the employee of the County for
any purpose. The County shall not be responsible for the payment of any taxes, either federal or
State, on behalf of the Municipality, nor shall the County be responsible for any fringe benefits.
No Civil Service or other rights of employment will be acquired by virtue of the Municipality's
services.
c. The Municipality and County each agree to defend, hold harmless and indemnify the other
party, its officials, agents, and employees from any liability, loss or damage it may suffer as a
result of demands, claims, judgments or costs arising out of or caused by reason of the
indemnifying party's performance of its respective obligations under the provisions of this
Agreement. This provision shall not be construed nor operate as a waiver of any applicable
limits of or exceptions to liability set by law.
d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the
other party, any amounts in excess of the limits on liability established in Minnesota Statutes
Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the
parties may not be added together or stacked to increase the maximum amount of liability for
any party.
e. All data collected, created, received, maintained or disseminated for any purpose in the course
of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, or any other applicable State statute, any State rules adopted to implement the Act and
statutes, as well as federal statutes and regulations on data privacy.
f. All books, records, documents and accounting procedures and practices of the Municipality and
its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the
County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota
Statutes §16C.05, Subd. 5.
g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and
subcontractors do not engage in violence while performing under this agreement. Violence, as
defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy,
is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action
involving the use of physical force, harassment, intimidation, disrespect or misuse of power and
authority, where the impact is to cause pain, fear or injury.
2024 SCORE Agreement
6
h. The Municipality will be required to pay any subcontractor within ten days of receipt of payment
from the County for undisputed services provided by the subcontractor. The Municipality will be
required to pay interest of 1½ percent per month or any part of a month to the subcontractor
on any undisputed amount not paid on time to the subcontractor. The minimum monthly
interest penalty payment for an unpaid balance of $100.00 or more is $10.00. SCORE funds may
not be used towards interest penalty payments. For an unpaid balance of less than $100.00, the
Municipality shall pay the actual penalty due to the subcontractor. A subcontractor who prevails
in a civil action to collect interest penalties from the Municipality must be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
i. All equipment purchased using funds provided in this Agreement shall remain the property of
the Municipality.
j. Any amendments to this Agreement shall be in writing and signed by both parties.
6. WASTE REDUCTION
The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local
government facilities. The Municipality and its (sub)contractor(s) shall participate in a recycling
program for at least four broad types of recyclable materials and shall favor the purchase of recycled
products in its procurement processes. All reports, publications and documents produced as a result
of this Agreement shall be printed on both sides of the paper, where commonly accepted publishing
practices allow, on recycled and recyclable paper using soy-based inks, and shall be bound in a
manner that does not use glue.
7. PUBLIC ENTITIES MANAGEMENT OF WASTE
The Municipality shall comply with Minnesota Statutes §115A.46 and §115A.471 when arranging for
the management of mixed municipal solid waste and assure delivery of such waste to a waste
processing facility for resource recovery.
8. Recycling Markets Support Fund
Ramsey County will reserve for the Municipality a portion of the Ramsey County Recycling Markets
Support Fund (RMSF). This portion will be equal to the proportion of the county’s population
residing in the municipality, according to the most recent population estimates posted by the
Metropolitan Council, multiplied by the total amount of the RMSF. To gain access to these funds, the
Municipality must first apply to Ramsey County, in accordance with the guidelines in place at the
time for distribution of the RMSF. The Municipality will be allowed to seek reimbursement for
incurred expenses, in accordance with its application as approved by Ramsey County. Ramsey
County shall reimburse the Municipality for adequately documented requests consistent with such
an approved application and the RMSF guidelines. The Municipality must provide evidence, upon
request, that no RMSF monies were used to transport materials to a landfill and/or landfill
recyclable materials. Ramsey County reserves the right at any time to amend the total amount of
the RMSF, to amend the guidelines for distribution of the RMSF or to eliminate the RMSF.
2024 SCORE Agreement
7
RAMSEY COUNTY CITY OF GEM LAKE
________________________________ By______________________________
Ryan O’Connor, County Manager Title: ___________________________
Date: ___________________________ Date: ___________________________
Approval Recommended: Approved as to Form:
________________________________ By______________________________
Sara Hollie, Public Health Director Municipality Attorney
Approved as to form and insurance:
________________________________ By_______________________________
Assistant County Attorney Clerk-Treasurer
From:Jim Lindner
To:Gretchen Artig-Swomley; Melissa Lawrence
Subject:MS4 audit meeting results
Date:Friday, January 5, 2024 1:00:22 PM
Emily, Justin, and I met with the MPCA this morning, for about two hours (yes, it was a sleeper)
reviewing Gem Lake’s MS4 program. Of the 76 items they wanted us to submit information about,
only 12 raised questions. Technically these are considered violations for lack of a better term, but
Gem Lake will need to respond back to clear these up.
Many of the so-called violations revolve around documentation of training for both SEH staff and
township staff that work in Gem Lake. I will need to reach out to White Bear Township’s MS4
contact, whomever that might be, to get copies of training documentation for submittal to MPCA.
Kevin Strauss from MPCA will email me a list of our violations and the township’s MS4 contact.
One thing that we can provide direct is any kind of snow policy we might have. Is there a policy that
states when do our streets get plowed? Is there a minimum snow requirement, such as 1 or 2 inch
thresholds? Is there language in our agreement with the township that says they will use “smart
salting” practices? These are the kinds of questions Kevin asked in our meeting and I told him I’d
work to get answers.
SEH will provide the bulk of the responses, but I’ll need to have a chat with the township, probably in
the form of a Zoom meeting that Emily wants to attend so she can get answers to some of her
questions as well.
One other item involves training on illicit discharge identification and any subsequent follow-up or
enforcement. There are free videos from MPCA and VLAWMO that meet this requirement. I’m
planning to watch a couple of these videos, and provided I’m still awake upon completion, I’ll
document that I watched the video. Anyone else can watch these as well. Melissa, I was thinking you
might want to watch them so you at least have an awareness level of illicit discharge situations for
when you issue building permits. I’ll also see if these are something Mike Johnson is familiar with.
Maybe he’ll agree to watch them, too. They are not meant for engineers, but rather people like us,
who may have some involvement in the overall project process. Joshua and the planning commission
might also benefit. I’ll watch them and let you know how effective (or boring) they might be and get
back to you.
I’ll forward the MPCA list of things we’ll need to provide them as a result of our audit. I can only
guess what a city like Minneapolis would go through when they get their audit. Fortunately, there’s
nothing the city council will need to do in terms of ordinances or other official actions, other than
probably accept the audit results and authorize me to meet with the township MS4 person.
I’ll be in touch. It’s been a boring morning
Jim Lindner
Gem Lake City Council
4200 Otter Lake Road
Jim.lindner@gemlakemn.org
1
City of Gem Lake Snow and Ice Policy as based on the
MINNESOTA MODEL SNOW AND ICE MANAGEMENT POLICY
January 16, 2024
A. Introduction
It is among the responsibilities of the City of Gem Lake to manage snow and ice on city streets and public property
under the city’s jurisdiction. The purpose of this document is to set policies for how the City of Gem Lake will
fulfill this responsibility and to identify those City officials and employees/consultants who are authorized to set
subordinate policies and make judgments in the course of carrying out snow and ice management activities.
Note that due to its small size and limited budget, the City of Gem Lake will contract for snow removal on city-
owned streets or alleyways. As of the current version of this policy, January, 2024, the current contracted entity
responsible for plowing Gem Lake city streets is White Bear Township. The City of Gem Lake recognizes that
White Bear Township has its own snow and ice policy that its public works staff follows, thus that policy is
incorporated here by reference.
Likewise, certain Gem Lake streets are maintained by Ramsey County Public Works. These streets include County
Road E, LaBore Road, Goose Lake Road, and Otter Lake Road. Ramsey County Public Works staff will determine
and establish the priority levels for these roads.
Setting policies for snow and ice management involves evaluating and weighing a number of considerations,
including the following:
1. Public safety. The safety of those traveling by motor vehicle, on foot and by other modes of transportation
is of high priority. The goal of the City of Gem Lake is to provide for surface conditions that are safe for
travel in consideration of surrounding conditions and circumstances. Also, vehicles and personnel engaged
in snow and ice management activity can increase risk to the public by virtue of their presence on public
ways during times when travel conditions and vision are impaired.
2. Personnel safety. City contracted personnel incur risk by their presence on public ways while managing
snow and ice. The safety of City contracted personnel as well is of the utmost importance.
3. Cost. City funds are limited and taxpayers require that they be spent cost-effectively. It is not possible to
address all snow and ice issues simultaneously and completely. It is not practical to maintain equipment
and personnel availability at a level that is sufficient for all circumstances.
4. Environment. Materials to maintain or improve surface traction contribute pollutants such as sand and
chlorides to surface waters and to City of Gem Lake stormwater basins and other facilities, which in turn
can increase the cost of maintaining those facilities. It is important not to use an excess of these materials.
Chloride harms fish and other freshwater aquatic life and also negatively affects infrastructure, vehicles,
plants, soil, pets, and wildlife, as well as impairs groundwater and drinking water supplies. Once in the
water, chloride becomes a permanent pollutant and continues to accumulate in the environment over time.
The data show that salt concentrations are increasing impairments to both surface waters and groundwater
across the state.
5. Priority setting to optimize outcomes. Because consideration must be given to all factors, it is necessary to
set priorities for snow and ice management activities. Considerations include, though are not limited to,
maintenance area classification and vehicle use level, need for emergency vehicle access, areas of known
safety risk, reported conditions, costs, and impact on the environment.
6. Management/professional/technical judgment. Policies and practices rest on management, professional, and
technical knowledge, on prevailing weather and travel conditions and on other circumstances that operators
encounter. As to important policy elements, the Gem Lake City Council cannot state a policy but instead
must delegate the authority to establish and adjust the policy to the professional judgment of appropriate
contracted White Bear Township personnel.
p-tr1-51a
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7. Need for adaptability. Particularly with respect to effectiveness, cost and environmental consequences,
snow and ice management is a realm of innovation. It is important that Gem Lake’s policy allows for
personnel to maintain awareness of developments and allow for practices to be adjusted as appropriate. The
public must practice due care given the continuously changing hazards presented by natural snow and ice
concerns.
The policies stated in this document, as well as any delegations of authority to set subordinate policies, rest on an
assessment and balancing of these considerations. It is not possible or practicable for snow and ice to be fully
removed from all surfaces or prevented from accumulating on surfaces. The City of Gem Lake encourages and
expects that City residents and other members of the traveling public will at all times conduct their activities
mindful of conditions, hazards, and what is necessary to remain safe.
B. Snow and Ice Management Priorities
The City of Gem Lake differentiates among maintenance areas based on a variety of factors, including traffic
volume and location (e.g., business district). The established Gem Lake priority is as follows:
Classification Target Regain Time Lane Description
Super Commuter
Arterials
Central Business District/ Downtown
0-3 hours The goal of the jurisdiction having
authority is to achieve driving lanes
that are as free of snow and ice as
reasonably possible in a northern
climate. Drivers should take due
care when driving on snow and ice
surfaces, including reducing their
speed.
Any associated recordkeeping will
be determined and maintained by
the jurisdiction having authority for
individual roads.
Urban Commuter 2-5 hours
Rural Commuter
Remaining streets, including cul-de-
sacs
4-9 hours
Alleys, parking lots, sidewalks, trails,
and other surfaces for non-motorized
travel
9-36 hours
However, the City of Gem Lake will also consider localized safety concerns, reported hazard conditions and other
relevant information in adjusting priorities. The Mayor, or delegated authority, has discretion to direct the resources
contained in this Policy. Within the policies and directives set by the Mayor, or delegated authority, operations
personnel may adjust their activity as well to address safety concerns, improve effectiveness, reduce costs, and limit
environmental impacts.
The City of Gem Lake is not responsible for managing snow and ice on streets, sidewalks, or other areas not within
City’s jurisdiction.
C. Training
It is important that personnel involved in snow and ice management receive appropriate training to inform their
operational capacities and the judgment that they must exercise in performing their responsibilities. The Mayor is
delegated the authority to determine and provide for appropriate training and tasked to inform the City Council of
training funding needs during budgeting.
The City of Gem Lake will document, or require documentation of, all training that it requires or conducts.
D. Delegations of Authority
Authority with respect to snow and ice management decisions is delegated as follows:
1. Mayor of Gem Lake or delegated authority. The Mayor of Gem Lake, or delegated authority, will
exercise general oversight of snow and ice management activities and will make recommendations to the
City Council on staffing, purchases and funding as a part of annual budgeting. The Mayor or delegated
authority will exercise responsibility with respect to personnel training as indicated in Section C, above.
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The Mayor, or delegated authority, may enter into contracts for snow and ice management services or may
recommend such contracts to the City Council, in accordance with City policy. All contracts will provide
the following:
a. All personnel performing the contract on behalf of the contracting party are trained to the same
extent as would be City personnel performing the same work.
All personnel performing the contract on behalf of the contracting party are trained to Smart
Salting Level 1 certification, and the performer of the contract is responsible for managing the
training of these personnel.
All personnel performing the contract on any public maintenance area on behalf of the contracting
party are trained to a minimum level approved by the [City/County]]
b. The contracting party will perform the work in accordance with all applicable City of Gem Lake
policies and directives, copies of which will be provided to the contracting party.
c. The contracting party will be insured for general and automotive liability to the same limits and
under the same standard conditions as in other City of Gem Lake contracts, or to such other limits
and under such other conditions as the Gem Lake City Attorney may advise.
d. The contracting party will perform all work with due care, and will indemnify the City of Gem
Lake and hold it harmless for its negligent and willful acts and omissions.
2. Gem Lake City Engineer or delegated authority. The Gem Lake City Engineer or delegated authority is
authorized to establish subordinate policies and directives with respect to the following:
a. Adjustments to snow and ice management priorities as indicated in Section B, above.
b. Protocols and directives concerning the initiation and cessation of snow and ice management
activities. Cessation protocols and directives will consider conditions that endanger employee or
equipment safety, or that cause management activities to be ineffective.
c. Protocols and practices for snow plowing and other operations, including snow storage. In
determining snow storage locations and conditions, the Engineer or delegated authority will
consider the debris and pollutant load held within stored snow and the potential water pollution
impact of snowmelt within surface runoff.
d. Protocols for application of sand, salt and other means to preserve/reestablish traction. The
Engineer or delegated authority will give particular consideration to safety, environmental, and
cost concerns, will maintain City awareness of best practices and innovations, and in his or her
judgment will adjust protocols in accordance with such practices and innovations.
In making the judgments underlying these actions, the Gem Lake City Engineer or delegated authority will
give due attention to the considerations listed in Section A, above. The Gem Lake City Engineer or
delegated authority should consider providing for awareness of best practices, including those contained in
the Winter Parking Lot and Sidewalk Maintenance Manual (MPCA, 2015) and the Minnesota Snow and
Ice Control Field Handbook for Snowplow Operators (Minnesota Local Road Research Board, 2012), as
they may be updated, and to provide for incorporation of best practices as appropriate.
Until such time as applicable policies and directives are established, the Gem Lake City Engineer or
delegated authority will direct operations in his or her best judgment and with attention to the
considerations listed in Section A, above.
3. Operators. City of Gem Lake contractors or affiliated Ramsey County personnel engaged in snow and
ice management operations are authorized to adjust activities in accordance with Section B, above. Such
personnel, in their judgment, also may adjust plowing and other operational methods and may implement
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hazard warnings, consistent with the policies and directives set by the Gem Lake City Engineer or
delegated authority. Operators are to use professional judgment and discretion to determine the best course
of action to complete snow and ice management responsibilities under the circumstances, considering
public and driver safety.
E. Operational Framework
1. Documentation. The City of Gem Lake and/or its contracted operators will document control practices and
decisions and keep written or printed records of application and other decisions in carrying out this Policy.
A storm record will be completed by the City of Gem Lake contracted personnel for each storm event and
should include operating times, weather conditions, material used, and personnel and equipment resources
committed.
2. Emergency Situations. The City will dispatch operators and equipment as soon as possible to the routes
required by emergency vehicles—fire, medical, police—responding to an emergency situation within the
jurisdiction of the City of Gem Lake for the local Fire Department, or Police Department.
The City will authorize the plowing of private property only if emergency vehicles require access.
3. Damage to Personal Property. The City of Gem Lake will consider for repair or replacement at
[City/County] expense property that is (1) properly installed, (2) permitted by [City/County]
ordinance to be located adjacent to the street, and (3) damaged by contact with city equipment. The
City of Gem Lake will not repair or replace damaged trees, shrubs, or landscaping.]
4. Deviation from Policy. If a person with delegated authority determines deviation from this Policy to be in
the best interest of the City of Gem Lake, or that a change is needed, the deviation will be documented.
Documentation includes identifying: the cause, why the response was necessary, and how long the
deviation will be in effect.
5. Review and Modification of Policy. This policy will be reviewed by the City Engineer annually to assure
its continued effectiveness, and/or compliance with governing statutes.
F. Assuming Responsibility for Private Roadways, Parking Areas, Sidewalks, and Trails
The City of Gem Lake is not responsible for snow and ice management on any roadway or parking area not owned
by or dedicated to the City, except as may be provided in a legally binding, written acceptance of that responsibility
in the context of a development approval or otherwise.
G. Coordination with Other Jurisdictions
The City of Gem Lake will coordinate with neighboring or regional jurisdictions as warranted to realize better
management outcomes, cost savings or environmental benefits.
No Rights Created
This policy is for internal use only in order to specify the policies and distribution of authority for snow and ice
management. The policy is for the benefit of serving the general public and not for the benefit of any individual or
specific group of individuals. It is not intended to and does not create any right or expectation in any third party. The
Gem Lake City Council may amend this policy or make exceptions to it as it deems appropriate.
Disclaimer
The City of Gem Lake will begin snow and ice management as soon as reasonably possible. Cold, wind, visibility,
equipment failure or disability, rapid snow and ice accumulation, and/or other unforeseen conditions or emergencies
may prevent safe or effective management and cause delays in management operations.
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Distribution
This policy will be distributed to the following:
White Bear Township
City of White Bear Lake
City of Vadnais Heights
Ramsey County
Minnesota Department of Transportation
Hilary Farm Homeowner’s Association
Gem Lake Villas Homeowner’s Association
This document was prepared by Smith Partners PLLP, 400 Second Avenue South, Suite 1200, Minneapolis, MN
55401. 612-344-1400. For further information, contact Elizabeth Henley, Henley@smithpartners.com Modified by
Jim Lindner, Gem Lake City Council, January 5, 2024.
ORDINANCE NO. 5
AN ORDINANCE AMENDING ORDINANCE NO. 5 OF THE TOWN
OF WHITE BEAR, RAMSEY COUNTY, MINNESOTA, BEING AN ORDINANCE
LICENSING AND REGULATING THE KEEPING OF DOGS AND OTHER
ANIMALS, ADOPTED SEPTEMBER 21, 1981, AS AMENDED
THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF WHITE BEAR
ORDAINS:
SECTION 1. AMENDMENT AND REPEAL OF CONFLICTING ORDINANCES.
The Ordinance relating to the licensing and regulating and keeping of dogs and
other animals, passed and approved September 11, 1981, as amended, is
hereby amended to read as follows, and all other Ordinances or parts of
Ordinances inconsistent herewith are hereby repealed. In all other respects all
other Ordinances shall remain in full force and effect.
SECTION 2. DUTIES OF OWNERS OF ANIMALS TO PROVIDE FOR THEIR
WELL-BEING; ABUSE OF ANIMALS; ABANDONMENT OF ANIMALS; ETC.
2-1. No owner of an animal shall fail to provide such animal with sufficient
good and wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering and with humane care
and treatment.
2-2. No person shall beat, cruelly ill-treat, torment, overload, overwork or
otherwise abuse any animal, or cause or permit any dogfight, cockfight, bullfight
or other combat between animals or between animals and humans.
2-3. No owner of an animal shall abandon such animal.
SECTION 3. DEFINITIONS. For the purpose of this Ordinance, the terms
defined herein shall have the following meanings:
3-1. ANIMAL CONTROL AUTHORITY. This provisions of this Ordinance
shall be enforced by the Town Board of Supervisors hereinafter referred to as the
TOWN BOARD.
3-2. ANIMAL CONTROL OFFICER. The person or persons employed by
the Town Board as its enforcement officer.
3-3. ANIMAL SHELTER. Any premises designed by action of the Town
for the purpose of impounding and caring for all animals found running at large in
violation of this Ordinance.
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3-4. ANIMAL UNIT. Animal unit means a unit of measure used to
compare differences in the production of animal manure that employs as a
standard the amount of manure produced on a regular basis by a slaughter steer
or heifer. The following equivalents shall apply:
A. One mature dairy cow, 1.4 animal unit.
B. One slaughter steer or heifer, 1.0 animal unit.
C. One horse, 1.0 animal unit.
D. One swine over 55 lbs., .4 animal unit.
E. One duck, .2 animal unit.
F. One sheep, .1 animal unit.
G. One swine under 55 lbs., .5 animal unit.
H. One turkey, .18 animal unit.
I. One chicken, .1 animal unit.
For animals not listed in items A to I, the number of animal units shall be
defined as the average weight of the animal divided by 1000 lbs.
3-5. DANGEROUS DOG. “Dangerous Dog” means any dog that has:
3-5.1. without provocation, inflicted substantial bodily harm on a human
being on public or private property.
3-5.2. killed a domestic animal without provocation while off the owner’s
property; or
3-5.3. 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.
3-6. DISEASED ANIMAL. Any animal which has been found to be
infected with any disease which may create a public safety risk.
3-7. DOMESTIC ANIMAL. A domestic animal shall be any dog or cat.
3-8. LIVESTOCK. Includes, but not limited to: cows, goats, horses,
sheep, swine, and other hoofed animals.
3-9. NUISANCE. Any domestic animal which habitually or frequently
barks or cries, frequents school grounds, parks or public benches, chases
vehicles, molests or annoys any person away from the property, is repeatedly at
large or attacks other animals.
3-10. OWNER. Any person, firm or corporation owning, harboring or
keeping a dog or other domestic animal for three (3) or more consecutive days.
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3-10.A. POTENTIALLY DANGEROUS DOG. “Potentially Dangerous
Dog” means any dog that:
3-10.A(1). When unprovoked, inflicts bites on a human or
domestic animal on public or private property;
3-10.A(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; or
3-10.A(3). Has a known propensity, tendency, or disposition to
attack unprovoked, causing injury or otherwise threatening the
safety of humans or domestic animals.
3-11. Repealed by Amendment to this Ordinance.
3-12. RESTRAINT. A dog or cat is under restraint within the meaning of
this Ordinance if it is controlled by a leash which does not extend beyond the
boundaries of the private property or within a vehicle being driven or parked on
the streets or within the property of its owner keeper, in a fenced area , if within
an electronic fence with signage, controlled by a chain, or under owner’s control
and supervision.
3-13. RUNNING AT LARGE. Any domestic animal which is off the
property of its owner and not effectively restrained by the use of a chain or leash.
3-13.A. SPECIAL THREE DOG LICENSE. A license for the keeping of
three dogs.
3-14. STABLES UNDER ROOF. An enclosed building (4-sided) for
keeping horses.
3-15. WILD OR EXOTIC ANIMALS. Any mammal, amphibian, reptile or
bird which is of a species not usually domesticated and of a species which, due
to size, wild nature or other characteristics, is dangerous to humans and would
ordinarily be confined in a zoo or found in the wild. 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 limitation,
the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels, wild
ferrets, badgers, monkeys, chimpanzees, deer and bison. The term also
includes crossbreeds such as the cross between dogs and coyotes and dogs and
wolves. Examples include but are not limited to:
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3-15.1. Any large cat of the family Felidae, such as lions, tigers, jaguars,
leopards, cougars, bobcats, lynxes and ocelots, except commonly
accepted domesticated house cats.
3-15.2. Any member of the family Canidae, such as wolves, coyotes,
dingoes, and jackals, except domesticated dogs.
3-15.3. Any crossbreed such as crossbreeds between dogs and coyotes,
or dogs and wolves, but does not include crossbreed domesticated
animals.
3-15.4. Any snake that is a member of the pit viper or biodae family,
including but not limited to, copperheads, water moccasins, rattlesnakes,
fer-de-lances, bushmasters, asps, cobras, mambas, kraits, coral snakes,
sea snakes, South American anacondas, Asian reticulated pythons, boa
constrictors, tree boas and sand boas.
3-15.5. Any snake or reptile which by its size, vicious nature or other
characteristic is dangerous to human beings.
3-15.6. Any skunk, raccoon or fox whether captured in the wild,
domestically raised, descented or not descented, vaccinated against
rabies or not vaccinated against rabies.
3-15.7. Any bear, ape, gorilla, monkey (except as exempted by this
ordinance), ferrets, weasels, mink, or badger.
3-15.8. Any Vietnamese pot-bellied pig.
3-15.9. Any raptors, pheasants, grouse.
3-15.10. Any poisonous spiders.
3-15.11. Any other animal or reptile which is commonly considered wild
and not domesticated or prohibited by Federal or Minnesota Law.
SECTION 4. VACCINATION REQUIRED.
4-1. Every dog and cat over three (3) months old shall be vaccinated
against rabies.
4-2. Unvaccinated dogs and cats acquired or moved into the Township
must be vaccinated within thirty (30) days of acquisition or arrival if over three (3)
months old.
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4-3. Vaccination tag: A metal or durable plastic tag, serially numbered,
issued by the rabies control authority, shall be securely attached to the colla r or
harness of the dog or cat. Whenever the dog or cat is out -of-doors, whether on
or off the owner’s premises, the collar or harness with the vaccination tag mu st
be worn.
SECTION 5. LICENSING.
5-1. LICENSE FEE. No person shall own, keep or harbor any dog over
three (3) months old within the Township unless such dog is licensed as herein
provided. Written application for such license shall be made to the Town and
shall state the name and address of the owner and the name, breed, color, age
and sex of the dog. The application must be ac companied by a current certificate
from a qualified licensed Veterinarian certifying that the dog has been vaccinated
with anti-rabies vaccine. The license fee shall be as established in Ordinance
No. 54 (Fees & Charges), and shall be paid at the time of making application,
and a numbered receipt.
5-2. SPECIAL THREE DOG LICENSE.
5-2.1. No person shall keep three (3) dogs within a dwelling unit without
obtaining a Special Three Dog License using the procedure established
under this section. The license fee shall be as established in Ordinance
No. 54 (Fees & Charges).
5-2.2. APPLICATION. Any person desiring a Special Three Dog license
shall make written application therefore to the Town B oard upon the
application form prescribed by and containing such information as
required by the Town Clerk. Among other things, the application shall
contain the following information:
5-5.1(a). A current rabies certificate and list of dog tags for each
dog in the dwelling unit and/or kennel.
5-5.1(b). The species and number of dogs over the age of three (3)
months to be maintained on the premises.
5-5.1(c). Such other information as may be required by the Town
Clerk and/or Town Animal Control Officer.
5-5.3. Upon receipt of the Application by the Township and a site visit by
the Town Animal Control Officer, a public hearing shall be held by the
Town Board on this matter. A notice of the time, place and purpose of the
hearing shall be published in the official newspaper of the Town, at least
ten (10) days prior to the day of hearing. A similar notice shall be mailed,
at least ten (10) days before the day of the hearing to each owner of
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property lying within three hundred fifty (350) feet of the property to which
the application relates. At the hearing the Town Board may grant, deny or
refuse to review any application for license under this section, and may
impose conditions to the granting of the license.
5-5.4. If granted, the license shall be issued by the Town Clerk. The
license shall specify the restrictions deemed 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 license may be modified from time to time or revoked by
the Township 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 the license.
5-5.5. The Town Board may refuse a license to keep or maintain animals
hereunder for failure to comply with the provisions of this section, if the
facilities for the keeping of the animals are or become inadequate for their
purpose, if the conditions of the license 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 license.
5-6. EXPIRATION OF LICENSES.
5-6.1. DOG LICENSES. All dog licenses in even numbered years.
Licenses which have less than one year remaining on this term shall pay
one-half of the license fee. Applications for licenses may be made prior to
and for 30 days after the start of the licensing term without penalty, but
when application is made after 30 days of the licensing term has elapsed,
the applicant shall be assessed a penalty of 50 percent of the license fee
which amounts shall be added to and collected with the regular license
fee; provided, however, if the dog or kennel did not become subject to
license until after the start of the licensing term, then no penalty shall be
assessed if application is made within 30 days after becoming subject to
licensing.
5-6.2. SPECIAL THREE DOG LICENSES. All Special Three Dog
Licenses shall expire four (4) years after date of issuance and may be
reissued without a public hearing provided no complaints have been
received and upon receipt of a completed application, payment of the fee,
and a site visit by the Town Animal Control Officer.
5-7. LOST LICENSE FEE. In the event that a metallic license tag issued
for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of
$1.00.
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5-8. LICENSE TRANSFER FEE. If there is a change in ownership of a
dog during the license term, the new owner may have the current license
transferred to their name upon application and the payment of a transfer fee of
$1.00.
5-9. No person shall use for any dog, a license receipt or license tag
issued for another dog or counterfeit or attempt to counterfeit license tags.
SECTION 6. TAG AND COLLAR.
6-1. Upon complying with the provisions of Section 5 of this Ordinance,
there shall be issued to the applicant a numbered m etallic tag stamped with the
number and the year of expiration and labeled “DOG LICENSE WITH WHITE
BEAR TWP”.
6-2. Every owner is required to see that the tag is securely fastened to the
dog’s choke chain, collar or harness of durable material which must be worn by
the dog at all times.
6-3. The fact that a dog is without a license attached to a collar shall be
presumptive evidence that the dog is unlicensed.
SECTION 7. RUNNING AT LARGE – CONTROL.
7-1. DOGS. No owner or custodian of any dog, whether licensed
or unlicensed, shall permit such dog to run at large, with the exception of within a
designated off-leash dog area. It shall be the obligation of the owner or
custodian of any dog in the Town, whether permanently or temporarily therein, to
prevent any such dog at anytime to be on any street, public park (with the
exception of a park within an off -leash dog area as designated by Ramsey
County), school grounds, or public place without being effectively restrained by a
chain or leash not exceed eight (8) feet in length.
7-2. CATS. No owner or keeper of any cat shall permit such cat to run at
large. It shall be the obligation and responsibility of the owner or custodian of
any cat in the Town, whether permanently or temporarily therein, to prevent any
such cat at any time to be on any private property, street, pu blic park, school
grounds, or public place without being effectively restrained by a chain or leash
not exceeding eight (8) feet in length.
7-3. CONFINEMENT; NOTIFICATION; RECLAMATION; AND
DISPOSAL OF UNCLAIMED DOGS. Unrestrained dogs running at large that are
not within the designated off-leash dog area may be taken by the Animal Control
Officer or the Humane Society and impounded in an animal shelter, and there
confined in a humane manner. Impounded dogs shall be kept for not less than
five (5) days, unless reclaimed by their owners. If by a permit tag or by other
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means the owner can be identified, the Animal Control Officer shall immediately,
upon impoundment, notify the owner by telephone or mail of the impoundment of
the animal. Dogs not claimed by their owners within five (5) days may be
humanely disposed of.
7-4. DOG FOUND AT LARGE MAY BE RETURNED TO KNOWN
OWNER; NOTIFICATION OF CLERK OF VIOLATION, ETC. Notwithstanding
the provisions of this section, if any animal is found at large, with the exception of
dogs in an off-leash dog area as designated by Ramsey County, and its owner
can be identified and location, such animal need not be impounded but may,
instead, be taken to the owner. In such case, the Sheriff’s Department, Animal
Control Officer or other office shall notify the Clerk of the violation of this section,
and may proceed against the owner for violation of this section.
SECTION 8. OWNER TO CLEAN UP AFTER DOG.
8-1. Any owner having custody or control of any dog on public property
shall be responsible for cleaning up any feces of the animal and for disposing of
such feces in a sanitary manner; and shall have in their possession, a device or
equipment for picking up and removal of animal feces.
8-2. Any owner having custody or control of any dog on private property
shall be responsible for cleaning up any feces of the animal and for disposing of
such feces in a timely manner, but in no case shall the feces remain for longer
than a seven (7) day period.
8-3. The provisions of this Section shall not apply to a guide dog
accompanying a blind person or to a dog when used in police or rescue activities.
SECTION 9. OWNER TO PREVENT NUISANCES. The owner or custodian of
any dog shall prevent the dog from committing in the Town, any act which
constitutes a nuisance as defined in Section 3-10 of this Ordinance.
SECTION 10. HABITUAL HOWLING AND BARKING DOGS UNLAWFUL. An
owner having custody and/or control of a dog shall prevent it from barking,
howling, whining, or making other noises which unreasonably disturbs the peace
and quiet of any person. The phrase “unreasonably disturb the peace and quite”
shall include, but is not limited to, the creation of any noise by any animals which
can be heard by any person, including a law enforcemen t officer or animal
control officer, from a location outside of the building or premises where the
animal is being kept and which animal noise occurs repeatedly over a five minute
period of time with one minute or less lapse of time between each animal noi se
during the five minute period.
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SECTION 11. DISEASED OR VICIOUS DOGS. No owner shall keep or allow to
run at large any diseased dog or any dog of a ferocious or vicious character,
habit or disposition.
SECTION 12. DANGEROUS/POTENTIALLY DANGEROUS DOGS. The
provisions of Minnesota Statutes, Sections 347.50 through 347.56, inclusive, are
hereby adopted as the potentially dangerous and dangerous dog regulations for
the Town of White Bear. Where a conflict exists between the provisions of the
Town Ordinances and the provisions of Minnesota Statutes, Sections 347.50
through 347.56, inclusive, the provisions of the Minnesota Statutes shall apply.
12-1. INITIAL DETERMINATION. The Town's designated Animal
Control Authority shall be responsible for initially determining (Initial
Determination) whether a dog is a potentially dangerous dog or a dangerous dog.
The Animal Control Authority may retain custody of a dog which has been initially
determined to be a dangerous dog pending the hearing as hereinafter prov ided.
The Initial Determination shall be conclusive unless the owner appeals the Initial
Determination as hereinafter provided.
12-2. NOTICE OF INITIAL DETERMINATION. The Notice of Initial
Determination shall be personally served on the owner of the dog or on a person
of suitable age at the residence of such owner. The Notice of Initial
Determination shall describe the dog deemed to be potentially dangerous or
dangerous; shall identify the officer making the Initial Determination; and shall
inform the owner of the owner’s right to appeal the Initial Determination.
12-3. REQUEST FOR HEARING AND HEARING. An owner may appeal
the Initial Determination by filing a Request for Hearing with the Town Clerk
within five (5) days of the owner’s receipt of the No tice of Initial Determination. A
hearing shall be held within seven (7) days after the Town’s receipt of the
Request for Hearing. The Town Clerk shall assign a Hearing Officer who shall
not be the person who made the Initial Determination. At the hearin g, the
Hearing Officer shall consider the reports and comments of the Animal Control
Authority, the testimony of any witnesses, witness statements, and the comments
of the owner of the dog. After considering all of the evidence submitted, the
Hearing Officer shall make written findings and shall determine whether the dog
is a potentially dangerous dog or a dangerous dog (Final Determination). The
findings shall be made within five (5) days of the date of the hearing and shall be
personally served upon the owner of the dog or upon a person of suitable age at
the residence of the owner.
12-4. SEIZURE OF DANGEROUS DOG. The Animal Control Authority
shall immediately seize any dangerous dog if, within fourteen (14) days after the
service of the Notice of Final Determination declaring a dog to be a dangerous
dog:
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12-4.1. The owner has not registered the dog in compliance with the
provisions of Section 12-7.
12-4.2. The owner does not secure the proper liability insurance
pursuant to Section 12-7.3.
12-4.3. The dangerous dog is not maintained in a proper enclosure.
12-4.4. The dangerous dog is outside a proper enclosure and not
under the physical restraint of a responsible person.
12-5. RECLAIMING A DANGEROUS DOG. A dangerous dog may be
recliamed by the owner of the dog upon payment of the impounding and
boarding fees, and upon presentation of proof to the Animal Control Authority
that the requriements of Section 12-7 have been satisfied. A dangerous dog not
reclaimed under this provision within seve n (7) days may be disposed of as
provided in Minnesota Statutes, and the owner shall be liable to the Animal
Control Authority for costs incurred in confining and disposing of the dangerous
dog.
12-6. SUBSTANTIAL/GREAT BODILY HARM. Upon a Final
Determination and not withstanding the provisions of Section 12 through 12-5, a
dangerous dog that inflicted substantial bodily harm or great bodily harm on a
human being on public or private property without provocation may be destroyed
in a proper and humane manner by the Animal Control Authority.
12-7. DANGEROUS DOG RESTRICTIONS.
12-7.1. Registration Required. No person may keep a dangerous
dog in the Town of White Bear unless the dog is registered with the
Animal Control Authority as provided in this chapter. The Animal Control
Authority shall issue a certificate of registration to the owner of the
dangerous dog if the owner presents the following information:
12-7.2. Proper Enclosure. A Proper Enclosure exists for the
dangerous dog and there is a posting on the premises with a clearly
visible warning sign, including a warning symbol to inform children, that
there is a dangerous dog on the property.
12-7.3. Bond/Insurance. A surety bond issued by a surety
company authorizing to conduct business in the State of Minnesota in a
form acceptable to the Animal Control Authority in the sum of at least
$50,000.00, payable to any person injured by the dangerous dog, or a
policy of liability insurance issued by an insurance company authorized to
conduct business in the State of Minnesota in the amount of at least
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$50,000.00, insuring the owner for any personal injuries inflicted by the
dangerous dog.
12-7.4. Microchip. The owner has had a microchip identification
implanted in the dangerous dog, and the name of the microchip
manufacturer and identification number of the microchip must be provided
to the Animal Control authority. If the microchip is not implanted by the
owner, it may be implanted by the Animal Control Authority with the costs
borne by the dog’s owner.
12-7.5. Warning Symbol. The owner has posted a warning symbol
to inform children that there is a dangerous dog on the property. The
design of the warning symbol must have been approved by the Minnesota
Commissioner of Public Safety.
12-7.6. Tag. The dangerous dog must have a standardized, easily
identifiable tag identifying the dog as dangerous and containing the
Uniform Dangerous Dog symbol, affixed to the dog’s collar at all times.
12-7.7. Photograph. The owner of the dangerous dog shall make
the dog available to be photographed for identification by the Animal
Control Authority at a time and place specified by the Animal Control
Authority.
12-8. DANGEROUS DOG REGULATIONS.
12-8.1. Annual Fee. The owner of a dangerous dog shall pay an
annual fee as set forth in Ordinance No. 54 (Fees & Charges), in addition
to any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.
12-8.2. Annual Renewal. The owner of a dangerous dog must
renew the registration of the dog annually until the dog is deceased. If the
dog is removed from the Township it must be registered as a dangerous
dog in its new jurisdiction.
12-8.3. Death/Transfer from City. The owner of any dangerous
dog must notify the Animal Control Authority in writing of the death of the
dog; of its transfer to a residence outside of the Town of White Bear or of
its transfer within the Town of White Bear within thirty (30) days of the
death or transfer.
12-8.4. Notice to Landlord. The owner of a dangerous dog who
rents property from another where the dog will reside must disclose to the
property owner, prior to entering into the lease agreement and at the time
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of any lease renewal that the person owns a dangerous dog that will
reside at the property.
12-8.5. Sale. The owner of a dangerous dog must notify the
purchaser that the Animal Control Authority has identified the dog as a
dangerous dog. The seller must also notify the Animal Control Authority in
writing of the sale and provide the Animal Control Authority with the new
owner’s name, address and telephone number.
12-8.6. Muzzling. If the dangerous dog is outside a Proper
Enclosure, the dog must be muzzled and restrained by substantial chain
or leash and be under the physical restraint of a responsible person. The
muzzle must be made in a manner that will prevent the dog from biting
any person or animal but that will not cause injury to the dog or interfere
with its vision or respiration.
12-8.7. Sterilization. The Animal Control Authority may require a
dangerous dog to be sterilized at the owner’s expense. If the owner does
not have the dangerous dog sterilized, the Animal Control Authority may
have the animal sterilized at the owner’s expense.
12-9. POTENTIALLY DANGEROUS DOG RESTRICTIONS.
12-9.1. Registration Required. No person may keep a potentially
dangerous dog in the Town of White Bear unless the dog is registered
with the Animal Control Authority as provided in this section. The Animal
Control Authority shall issue a Certificate of Registration to the owner of a
potentially dangerous dog if the owner presents the following information:
12-9.1(a). Microchip. The owner has had a microchip
identification implanted in the dangerous dog, and the name of
the microchip manufacturer and identification number of the
microchip must be provided to the Animal Control Authority. If
the microchip is not implanted by the owner, it may be implanted
by the Animal Control Authority with the costs borne by the
dog’s owner.
12-9.1(b). Warning Symbol. The owner has posted a warning
symbol to inform children that there is a potentially dangerous
dog on the property. The Animal Control Authority shall
approve the warning symbol and its location on the property.
12-9.2. The Animal Control Authority may also require any of the
following items to register a potentially dangerous dog:
13
12-9.2(a). Proper Enclosure. A proper enclosure exists
for the potentially dangerous dog and there is a posting on
the premises with a clearly visible warning sign, including a
warning symbol to inform children, that there is a potentially
dangerous dog on the property.
12-9.2(b). Bond/Insurance. A surety bond issued by a
surety company authorizing to conduct business in the State
of Minnesota in a form acceptable to the Animal Control
Authority in the sum of at least $50,000.00, payable to any
person injured by the potentially dangerous dog, or a policy
of liability insurance issued by an insurance company
authorized to conduct business in the State of Minnesota in
the amount of at least $50,000.00, insuring the owner for any
personal injuries inflicted by the potentially dangerous dog.
12-9.2(c). Photograph. The owner of the potentially
dangerous dog shall make the dog available to be
photographed for identification by the Animal Control
Authority at a time and place specified by the Animal Control
Authority.
12-10. POTENTIALLY DANGEROUS DOG REGULATIONS.
12-10.1. Annual Fee. The owner of a potentially dangerous
dog shall pay an annual fee as set forth in Ordinance NO. 54 (Fees
& Charges), in addition to any regular dog licensing fees, to obtain
a certificate of registration for a potentially dangerous dog under
this section.
12-10.2. Annual Renewal. The owner of a potentially
dangerous dog must renew the registration of the dog annually until
the dog is deceased. If the dog is removed from the Town of White
Bear it must be registered as a potentially dangerous dog in its new
jurisdiction.
12-10.3. Death/Transfer from Township. The owner of any
potentially dangerous dog must notify the Animal Control Authority
in writing of the death of the dog; of its transfer to a residence
outside of the Town of White Bear or of its transfer within the Town
of White Bear within thirty (30) days of the death or transfer.
12-10.4. Notice to Landlord. The owner of a potentially
dangerous dog who rents property from another where the dog will
reside must disclose to the property owner, prior to entering into the
lease agreement and at the time of any lease renewal that the
14
person owns a potentially dangerous dog that will reside at the
property.
12-10.5. Sale. The owner of a potentially dangerous dog must
notify the purchaser that the Animal Control Authority has identified
the dog as potentially dangerous. The seller must also notify the
Animal Control Authority in writing of the sale and provide the
Animal Control Authority with the new owner’s name, address and
telephone number.
SECTION 13. QUARANTINE OF ANIMAL WHICH HAS BITTEN A PERSON
AND DESTRUCTION OF RABID ANIMALS.
13-1. Any dog or cat that has bitten a person and caused an abrasion or
puncture of the skin shall immediately be quarantined for a minimum of ten (10)
days. Such an animal may be confined by the owner or other responsible person
as required by the Animal Control Officer, if the dog or cat has a current rabies
certification. If such animal does not have a current rabies certification, the
animal shall be quarantined in an animal control facility obtained by the Animal
Control Officer. When the dog or animal is quarantined as stated above, it shall
be at the owner’s expense. A quarantine report must be completed by the
Animal Control Officer or a licensed veterinarian which must, at the end of the
quarantine period, detail the disposition of the dog. Stray animals that have
bitten a person shall be quarantined through the Animal Control Officer.
13-2. No law enforcement officer or other persons shall kill, or cause to be
killed, any domestic animal suspected of being rabid, except after the domestic
animal has been placed in a quarantine and visibility of the clinical signs of rabies
are made by a qualified veterinarian.
13-3. EXEMPTION. Police canines are exempt from the provisions of this
section.
SECTION 14. WILD OR EXOTIC ANIMALS. It shall be unlawful to keep any
wild or exotic animal within the limits of the Town of White Bear, except as
permitted pursuant to the provisions of this section.
14-1. EXCEPTIONS – PERMIT REQUIRED.
14-1.1. Any person desiring to keep a wild animal prohibited by this
Ordinance may apply for a temporary Wild Animal Permit from the Town
Board. Such permit may be issued for a period not to exceed thirty (30)
days and shall specify conditions under which such animals shall be kept.
Provided, however, that no such permit shall be issued unless such
prohibited wild animal is brought into the Town for entertainment ,
exhibition, or show purposes only, or by persons keeping wild animals for
15
a public zoo as volunteers, docents or otherwise. A publ ic zoo or other
institution engaged in a permanent display of animals, any bona fide
research institution or veterinary hospital may be issued a permanent Wild
Animal Permit provided applicable zoning requirements are met.
14-1.2. Non-poisonous snakes or snakes not prohibited by this
Ordinance, 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 also exempt and do not require a
permit.
14-2. IMPOUNDING OF WILD ANIMALS.
14-2.1. Any wild animal kept in violation of this Ordinance may be
impounded by the Township. Unless such impounded animal is reclaimed
and removed from the Township, or unless the owner petitions the District
Court for a determination that the animal is exempt from the provisions of
this Ordinance, the animal may be destroyed or sold five (5) days
following notice to the owner of such animal or its impoundment and the
provisions of this Ordinance.
14-2.2. Any person reclaiming any such wild animal shall pay the costs of
impounding and boarding the same at the time of its release.
SECTION 15. KEEPING OF HORSES, COLTS AND PONIES.
15-1. STABLE PERMITS.
15-1.1. Horses, colts and ponies may be stabled, harbore d or maintained
within the Township only in areas that meet the requirements of Ordinance
No. 35 (Zoning), Section 7-12 – Agricultural Operations.
15-1.2. No person, firm or corporation shall keep, stable, harbor or
maintain horses, colts or ponies within the Township limits without first
obtaining a permit from the Town Clerk to so keep, stable, harbor or
maintain said animals.
15-1.3. Application for permits shall be made in writing, by the owner or
lessee of the lands where the animals are to be kept , on blank forms
furnished by the Town Clerk. Each application shall contain the correct
legal description of the property of which the animal or animals will be kept
and the name of the owner or lessee of the lot, the amount of contiguous
area available for the animal or animals; the total number of animals and
information identifying each animal to be kept or stabled on said land; and
a description of the shelter to be provided for the animal or animals. The
16
premises are subject to inspection by the Township or its designated
representatives and all stables shall be inspected at least annually.
15-1.4. The owner or lessee of the premises where the animals will be
kept or stabled shall pay an initial permit fee to the Township. This fee will
be used to reimburse the costs of issuing the permit and inspecting the
premises. Each permit shall expired on December 31st of each year after
its granted, unless renewed on or before such date. The fee shall not be
refunded if the application for the permit is denied or, if issued, the permit
is later revoked by the Township. The fee shall be as established in
Ordinance No. 54 (Fees & Charges).
15-1.5. ACREAGE REQUIREMENTS. The raising or keeping of livestock
is permitted only if there are a minimum of two (2) acres fenced property
available. The ratio of livestock shall not exceed four (4) animal units per
each two (2) acres.
15-1.6. TRACT ENCLOSURES. The fenced tract where animals are
pastured shall be enclosed by a sturdy wood, metal or electrical fence
which will keep the animal or animals confined therein. The enclosure
fence shall be installed no closer than 5 feet from the property lines of the
applicant. Extra care must be taken to insure that stallions are properly
enclosed. The enclosed area shall be no closer than 75 feet from any
structure used for residential purposes, other than the applicants.
15-1.7. CORRAL OR STABLE. Pens or corrals shall contain at least 800
square feet per animal including a stable under roof of at least 100 square
feet per animal unit. The pen or corral shall be no closer than 100 feet
from any structure, other than the applicants, which is used for residential
purposes, and shall be so located as not to create a nuisance to neighbors
or the public.
15-2. SANITATION REQUIREMENTS.
15-2.1. Manure and other waste material must be removed often enough
to eliminate unsightliness, odors, fly and rodent problems, and at last
every three (3) months. If it is found that the manure and other waste
materials create a nuisance by attracting flies, other insects and rodents or
by creating offensive odors, the Code Enforcement Officer or Animal
Control Officer may order that the manure and other waste materials (by
written notice to the holder of the permit) be removed within four (4) days.
15-2.2. Stables and paddock areas shall be cleaned daily. Corral, pens,
or similar enclosure areas shall be cleaned at least weekly. All areas shall
be maintained in a clear and sanitary manner to prevent the breeding of
flies and insects.
17
15-2.3. No person shall permit accumulations of manure from any horse
under his control to remain on any street, sidewalk or alley, nor upon any
open area or lot in any residential area in the Township.
15-2.4. Manure shall be handled or treated in such a manner so as not to
create a public nuisance.
15-2.5. Manure shall not be burned.
15-3. CARE AND MAINTENANCE OF HORSES.
15-3.1. No horse, colt or pony shall be treated cruelly, or inhumanely, by
any person or in violation of Minnesota Statutes, Sections 343.20-343.28,
relating to cruelty to animals.
15-3.2. No person, firm or corporation shall keep any horse, colt or pony
in a manner creating a public or private nuisance.
15-3.3. Permits issued pursuant to this Section may be revoked by th e
Town Board if the Board finds, after investigation and after holding a
public hearing (written notice of said hearing to be mailed or delivered to
the holder of the permit and other interested parties at least five (5) days
prior to the hearing date), that there has been a violation of any provision
contained in this section hereof.
15-3.4. No person, firm or corporation shall allow any horse they own to
have control of to go upon any public park within the Township.
SECTION 16. CITATIONS AND IMPOUNDMENT.
16-1. AUTHORITY TO IMPOUND, ISSUE CITATIONS. Any domestic
animal found in violation of the provisions of this Ordinance may be seized and
impounded by any police officer or the Animal Control Officer, provided, however,
that if the owner of the animal is known or can be ascertained from available
information, it shall be returned to its owner and a citation for the violation shall
be issued to the owner or keeper of the animal (unless otherwise provided in this
Ordinance).
16-2. REDEMPTION BY OWNER; FEE. Any domestic animal
impounded pursuant to the provisions of this Ordinance may be redeemed from
the pound by the owner thereof within five (5) regular business days after the
impoundment upon payment to the Animal Control Officer of an impoundme nt
fee as is from time to time established by the Town Board, plus the license fee, in
the event the domestic animal is not licensed.
18
16-3. RELEASE. Upon the presentation of proof of a valid license for the
domestic animal and payment of the fees provided in the previous section hereof,
the Animal Control Officer shall release the domestic animal to its owner. The
Animal Control Officer shall further take such steps as are necessary to cause
the owner of the domestic animal to be charged with any viola tion of this
Ordinance which gave rise to the impoundment of the domestic animal.
16-4. REDEMPTION BY PERSON OTHER THAN OWNER. If the owner
of any domestic animal impounded under this Ordinance shall fail to redeem
such domestic animal within five (5) regular business days after its impoundment,
not including Sunday or holidays, any other person may, upon complying with the
provisions of this Ordinance, redeem the domestic animal from the shelter and
be the lawful owner of the domestic animal thereafter. If the domestic animal has
been requested by a licensed educational or scientific institution under Minnesota
Statutes, then it shall be given to the institution and shall not be sold.
16-5. DISPOSITION OF UNREDEEMED DOMESTIC ANIMALS. All
domestic animals impounded under this section which have not been redeemed
or purchased as authorized in this section, may be disposed of in a humane
manner by the Animal Control Officer or any police officer.
16-6. INTERFERENCE WITH OFFICERS. It shall be unlawful for any
unauthorized person to break open the pound or to attempt to do so, or to take or
let out any domestic animal therefrom, or to take or attempt to take from any
officer any domestic animal taken by him/her in compliance with this Ordinance,
or in any manner to interfere with or hinder such officer in the discharge of his/her
duties under this Ordinance.
SECTION 17. COMMERCIAL ANIMAL OPERATIONS. Hospitals, clinics and
other premises operated by licensed veterinarians and in compliance with
Ordinance No. 35 (Zoning), for the care and treatment of animals, are exempt
from the provisions of this Ordinance except where such duties are expressly
stated.
SECTION 18. EXEMPTIONS.
18-1. The licensing and vaccination requirements of this Ordinance shall
not apply to any dog or cat belonging to a non-resident of the Town and kept
within the Town for less than thirty days, provided all such dogs or cats shall at
all times while in the Town, be kept within a building enclosure or vehicle or be
under restraint by the owner.
18-2. The keeping of miniature horses shall be exempt from the
requirements of Section 16-1.1 and 16-1.5 of this Ordinance, and the
requirements of 7-12 of Ordinance No. 35. Miniature horses shall only be
permitted on properties of 1.2 acres in size or larger, after an application is
19
completed by the owner, and approval by the Town Board of a Miniature Horse
Stabling Agreement is given.
SECTION 19. RECORDS.
19-1. It shall be the duty of the Animal Control Officer to keep or cause to
be kept accurate and detailed records of the impoundment and disposition of all
animals coming into his custody for a period of three (3) years.
19-2. It shall be the duty of the Animal Control Officer to keep or cause to
be kept accurate and detailed records of all bite cases reported to him and his
investigation reports of these cases.
19-3. It shall be the duty of the Town Clerk to keep or cause to be kept
accurate and detailed records of all licenses and moneys belonging to the Town
of White Bear, which records shall be open to inspection at reasonable times by
such persons responsible for similar records of the Town of White Bear annually
in the same manner as other Town records are audited.
SECTION 20. ENFORCEMENT. The provisions of this Ordinance shall be
enforced by such persons as the Town Board shall from time-to-time designate.
SECTION 21. PENALTY. Every person convicted of a violation of any provision
of this Ordinance shall be punished as provided in Ordinance No. 26.
SECTION 22. 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 hereof, other than the part held to be invalid.
SECTION 23. EFFECTIVE DATE. This Ordinance shall take effect and be in
force from and after its passage and publication.
Passed by the Town Board of Supervisors of the Town of White
Bear, Ramsey County, Minnesota, this 20th day of October, 2003.
APPROVED:
___________________________________
ROBERT J. WEISENBURGER, Chairman
ATTEST:
__________________________________
WILLIAM F. SHORT, Clerk-Treasurer
20
Board of Supervisors:
ROBERT J. WEISENBURGER, Chair
RICHARD A. SAND, Supervisor
WILLIAM R. MAMPLE, Supervisor
Synopsis Published in the White Bear Press October 29, 2003.
Historical Notes
2016
Section 3 and 5 passed August 3, 2016, and effective August 10, 2016 by Kermes
(Chair), Prudhon, Ruzek; Short (Clerk -Treasurer).
2013
Section 12-5 and 16-4 passed October 21, 2013, and effective October 30, 2013 by
Mample (Chair), Kermes and Prudhon; Short (Clerk-Treasurer).
2008
Section 12 passed October 6, 2008, and effective October 22, 2008 by Weisenburger
(Chair), Sand and Mample; Short (Clerk-Treasurer).
Section 3-5, 3-10, and 12 passed June 16, 2008, and effective June 25, 2008 by
Weisenburger (Chair), Sand and Mample; Short (Clerk-Treasurer).
Section 3-11, 5-2, 5-2.2, 5-3, 5-4, 5-5, 5-5.1 and 5-8 passed May 19, 2008, and effective
June 4, 2008 by Weisenburger (Chair), Sand and Mample; Short (Clerk-Treasurer).
2007
Section 5-5 passed December 18, 2006, and effective January 17, 2007 by
Weisenburger (Chair), Sand and Mample; Short (Clerk-Treasurer).
2004
Section 7-1, 7-3, and 7-4 passed June 7, 2004, and effective June 16, 2004 by
Weisenburger (Chair), Sand and Mample; Short (Clerk-Treasurer).
2003
Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23
passed October 20, 2003, and effective October 29, 2003 by Weisenburger (Chair), Sand and
Mample; Short (Clerk-Treasurer).
2000
Section 18-3 passed June 19, 2000, and effective July 19, 2000 by Weisenburger
(Chair), Sand and Ford; Short (Clerk-Treasurer).
1998
Section 4-4 passed December 21, 1998, and effective January 6, 1999 by Weisenburger
(Chair), Sand and Ford; Short (Clerk-Treasurer).
1989
Section 17-6 passed January 3, 1989, and effective January 25, 1989 by Weisenburger
(Chair), Jungkunz and Sand; Malinen (Clerk-Treasurer).
1983
Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
and 25 passed December 12, 1983, and effective December 28, 1983 by Jungkunz (Chair),
Weisenburger and Hamilton; Webber (Clerk).
1977
Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 passed
June 13, 1977, and effective June 16, 1977 by Perron (Chair), Sand and Ransom; Rolph (Clerk).
1976
Section 3(b), 3(c), 3(d), 3(f), and 4(a) passed February 9, 1976, and effective February
19, 1976 by Perron (Chair), Sand and Ransom; Rolph (Clerk).
1975
Section 7(a), 7(b), 8 (c) and 9 passed March 24, 1975, and effective April 3, 1975 by
Perron (Chair), Sand and Ransom; Rolph (Clerk).
21
1963
Section 5(a) passed August 26, 1963, and effective August 29, 1963 by Kumm (Chair),
______________; Pope (Clerk).
1961
Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 passed
September 11, 1961, and effective September 21, 1961 by Kumm (Chair), Hovey and Rooney;
Pope (Clerk).
1957
Ordinance, Title and Section 1, 2, 3, 4, 5, 6, 7, 8, and 9 originally passed December 5,
1957, and effective February 4, 1960 by Blair (Chair), Linear and Jansen; Wright (Clerk).
Ordinance No. 140 Domestic Animals Page 1 of 10
City of Gem Lake, Ramsey County, Minnesota
Domestic Animals
Ordinance No. 140
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 69, REGULATING THE KEEPING OF DOMESTIC
ANIMALS WITHIN THE CITY OF GEM LAKE
The City Council of the City of Gem Lake hereby ordains the Ordinance No. 69 shall be repealed and replaced with the following:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to protect and promote the health, safety and general welfare
of the people of Gem Lake and adjacent communities as well as the health and general welfare of all animals owned, possessed or
harbored within the City. This Ordinance regulates the number and type of domestic animals, which may be kept, and the manner in
which they shall be kept.
Section 2. Interpretation, Construction, Scope and Definition.
1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum
requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any
other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements
are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply.
2. Construction. Words used in the present tense include the past and future tense; the singular includes the plural; and the
plural includes the singular. The word “shall” is mandatory and the word “may” is permissive. The masculine gender includes
the feminine.
3. Scope. This Ordinance shall govern and apply to all animals owned, kept, or found within the City of Gem Lake.
4. Definitions.
1. Animal Control Officer. An agency of the state, county, municipality, or other governmental subdivision of the
state which is responsible for animal control operations in its jurisdiction.
2. Animal Shelter. Any premises designated by action of the City Council for the purpose of impounding and caring
for all animals found running at large or requiring quarantine.
3. Cat. A mammal that is wholly or in part of the species Felis domesticus. An adult cat is a cat 28 weeks of age or
older. A kitten is a cat under 28 weeks of age.
4. Commercial Kennel. Any confinement or structure designed to contain and house more than three (3) domestic
animals of various types which is owned by a person, group of persons, corporation or other legal entity who own
and/or harbor said animals in the City of Gem Lake for other than personal use. This type of kennel relates to a land
use matter covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Special
or Interim use regulations of the Zoning or Land Use Ordinance of the City of Gem Lake.
5. Confinement Area. A structure used or designed for use to restrict an animal to a limited amount of space, such as
a room, pen, cage, kennel, compartment, crate, or hutch.
6. Dangerous Dog. Any dog that has committed any of the acts set forth below:
1. Without provocation, inflicted substantial bodily harm on a human being on public or private property;
2. Killed a domestic animal without provocation while off the owner’s property; or
3. 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.
7. Dog. A mammal that is wholly or in part of the species Canis familiaris. An adult dog is a dog 28 weeks of age or
older. A puppy is a dog under 28 weeks of age.
8. Domestic Animal. Any domesticated dog whose breed is recognized by the American Kennel Club and any cat
whose breed is recognized by the International Cat Association.
9. Exposed to Rabies. Any animal that has been bitten by or otherwise exposed to any other animal known to be or
have been infected with rabies.
Ordinance No. 140 Domestic Animals Page 2 of 10
10. Foster Care Provider. A person who provides care or rehabilitation for companion animals through an affiliation
with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization.
11. Foster Home. A private residential dwelling and its surrounding grounds, or any facility other than a public or
private animal shelter, at which site through an affiliation with a public or private animal shelter, releasing agency,
or other animal welfare organization, care of rehabilitation is provided for companion animals.
12. Great Bodily Harm. 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.
13. Harborer. Any person, group of persons, corporation, or other legal entity having custody of one or more dogs,
cats, or other animals or who permits one or more dogs, cats, or other domestic animals to be kept or to stay on or
about the harborer’s premises for a period of three (3) or more consecutive days.
14. Heat. The period of time during which a female animal is in its Estrous Cycle.
15. Kennel. Any place, building, tract of land, abode, or vehicle wherein or whereupon dogs or cats are kept,
congregated, or confined, if the dogs or cats were obtained from municipalities, pounds, auctions, or by advertising
for unwanted dogs or cats, or dogs or cats strayed, abandoned, or stolen. "Kennel" does not include a pound owned
and operated by any political subdivision of the state or a person's home where dogs or cats are kept as pets.
16. Owner. Any person, form, corporation, organization, or department possessing, harboring, keeping, having an
interest in, or having care, custody, or control of a domestic animal.
17. Personal Kennel. Any confinement or structure designed to contain and house up to three (3) domestic animals of
various types which are owned by the occupants of the premises and which is located on and maintained by the
occupant of the premises in residential districts for personal use only.
18. Police. The police officers of the City or any person, firm or agency hired or engaged by the City to act in the
capacity of police.
19. Possess. To have custody of or have control over.
20. Potentially Dangerous Dog. Any dog that has committed any of the acts set forth below:
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; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic animals.
21. Premises. Any building, structure, shelter, or land wherein or whereon domestic animals are kept or confined.
22. Proper Enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or
structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A
proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow
the dog 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 dog from exiting.
23. Provocation. An act that an adult could reasonably expect may cause a dog to attack or bite.
24. Restraint. An animal shall be considered under restraint if:
1. In the case of a dog or cat, it is controlled by a leash, or, confinement within a vehicle being driven or
parked; or, confinement within a suitably fenced area within the boundaries of the owners’ or
harborers’ premises.
25. Running at Large. An animal found outside the boundaries of the property of its owner or harborer when not under
direct restraint.
26. Service Animal. Any dog that is individually trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Ordinance No. 140 Domestic Animals Page 3 of 10
27. Substantial Bodily Harm. Bodily injury which involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which
causes a fracture of any bodily member.
28. Vicious Habits. Any animal, which has attacked or bitten any human being or which habitually attacks other
animals or habitually destroys or damages property.
Section 3. Animal Control
1. Running at Large. It shall be unlawful for any owner or harborer of any animals to allow said animal to be running at large
within the City of Gem Lake and animals shall at all times be under direct restraint of the owner or harborer.
2. Chasing. It shall be unlawful for any owner or harborer to allow any animal to chase or aggressively approach pedestrians,
bicycles, vehicles or other animals on any street, roadway, bridle path, park or parkway within the City.
3. Destruction of Property. It shall be unlawful for any owner or harborer of any animal to allow said animal to molest, defile
or otherwise destroy any property, public or private, within the City.
4. Confinement of Certain Animals. The owner or harborer shall confine within a building or secure enclosure any fierce,
dangerous, or vicious animal and shall not permit such animal out of such confinement unless and until it is securely muzzled
and in direct control of a competent person. The additional requirements and regulations of Section 7 may also apply to such
animals.
5. Animals in Heat. Any female animal in heat shall be kept confined indoors or impounded for the duration of her season
(Estrous Cycle) at the sole cost of the owner or harborer.
6. Rabies And Other Vaccinations Required. It shall be unlawful for any person to own, possess, or harbor any animal within
the City unless said animal has had all vaccinations for rabies and other diseases within the time required under standard
veterinary practices.
7. Animals Creating Nuisances Prohibited. It shall be unlawful for any owner or harborer to keep or harbor any animal which
barks, howls, or the like continuously for a period of five (5) minutes without a thirty (30) second pause or whose general
conduct otherwise constitutes a nuisance.
8. Guard Dogs. It shall be unlawful for any owners to maintain a guard dog(s) which has been specifically trained for security
purposes unless a notice of the presence of said dog(s) has been posted at each entrance to the property with said signs not
smaller twelve (12") inches wide and twelve (12") inches high with letters not smaller than three (3") inches high.
9. Housing and Keeping of Animals. It shall be unlawful for any owners and harborer of animals to fail to provide and maintain
suitable shelter and care for the animals as prescribed herein:
1. Shelter. Shelter for the keeping of animals shall include a moisture and wind proof structure of suitable size and
construction to: accommodate the animal and appropriate bedding materials; and, protect against cold and to allow
and promote retention of body heat; and, protect against moisture and dampness; and, provide shade from direct
sunlight during the months from May through September.
2. Maintenance of Shelter. All shelters and other areas used by the animal shall be properly maintained in such a
manner that the shelter and other areas do not posed a sanitation or other health problem or nuisance to the
occupants of the premises, adjacent property owners, or the community. All animal waste shall be properly
contained and disposed of on a regular basis and, where and when necessary, appropriate measures shall be taken to
insure sanitation of the areas.
3. Care of Animals. All animals shall be properly cared for including, but not limited to, regular feeding of
appropriate food for the animal and regular medical care by a licensed doctor of veterinary medicine.
Section 4. Animal Licensing and Identification.
1. Dog Licensing and Identification. No person shall own, keep, or harbor any dog over the age of six (6) months within the
City of Gem Lake without first obtaining a city issued license for each animal as herein provided. The provisions of this
section shall not be intended to apply to dogs whose owners are visitors temporarily in the City for sixty (60) days or less.
2. Dog licenses are issued by the City Clerk. Each dog license is valid for a period of one calendar year at a fee set by the City
Council. The dog license issued will be in the form of a “tag” that shall be attached to the dog to identify its owner or harborer.
Applicant shall give the following information on forms provided by the City:
1. Owner’s name and home address; and
Ordinance No. 140 Domestic Animals Page 4 of 10
2. Dog’s name, breed (if known), date of birth (if known), color and sex; and
3. Proof that rabies and other vaccinations have been done must be supplied when license is applied for.
3. Service Animal Registration. Reference the Fair Housing Act, 42 USC Ch. 45 and the Minnesota Human Rights Act, Minn.
Stat. Ch. 363A
4. Other Domestic Animal Identification. No person shall own, keep, or harbor any other domestic animal (other than a dog)
over the age of six (6) months within the City of Gem Lake without providing a method of identification for each animal as
herein provided.
1. Commercially available tags not less than one (1”) inch square or diameter which identify the owner by name
and/or address and/or phone number; or
2. Permanent brands or tattoos placed on the animal in accordance with accepted practices and which carry
appropriate owner or harborer registration information; or
3. Such electronic identification methods including implants, provided a tag or other identification device identifies
electronic registration.
5. Violation. Failure to license your dog will result in a violation. A first violation of Section 4 will result in an administrative
fine of $50.00. All subsequent violations of Section 4 will carry penalties as provided in Section 9, paragraph 3.
Section 5. Owner to Clean Up After Domestic Animal.
1. Any owner having custody or control of any domestic animal on any property, public or private, not owned or possessed by
such person shall be responsible for cleaning up any feces of the animal and for disposing of such feces in a sanitary manner;
and shall have in their possession, a device or equipment for picking up and removal of animal feces.
2. Any owner having custody or control of any domestic animal on private property shall be responsible for cleaning up any
feces of the animal and for disposing of such feces in a timely manner, but in no case shall the feces remain for longer than a
seven (7) day period.
3. The provisions of this Section shall not apply to a guide dog accompanying a blind person or to a dog when used in police or
rescue activities.
4. Violation. Failure to clean up after your domestic animal will result in a violation. A first violation of Section 5 will result in
an administrative fine of $50.00. All subsequent violations of Section 5 will carry penalties as provided in Section 9,
paragraph 3.
Section 6. Kennel Operation: Permitted Operations.
1. Personal Kennel Operation. Personal kennels that harbor no more than three (3) domestic animals of various types and
which animals are solely owned by the occupants of the premise and which are over the age of six (6) months are allowed in
the residential districts of the City of Gem Lake. The operators of such kennels are responsible to operate these kennels in
compliance with all of the terms and regulations defined in this Ordinance.
1. Structure. The kennel structure shall be made of suitable fencing or other materials suitable for containment of the
animal based upon the size and weight of the animal(s).
2. Location. The kennel structure shall be placed so as to be located as far as possible from neighboring residences
and not less than fifty (50’) feet from adjacent property lines.
Section 7. Impounding Animals.
1. Impounding Animals. All law enforcement or animal control officers of the City or under contract to the city are hereby
authorized and empowered to use such force as is reasonably necessary to take up, capture, or restrain and impound any
animal found in violation of this Ordinance. All animals shall be impounded at a facility which is under contract with the City.
Such law enforcement or animal control officer may enter upon private premises where it appears that there is reasonable
cause to believe that an animal is not being kept, confined, or restrained as herein required.
2. Notice to Owner or Harborer. Immediately upon impounding of an animal wearing any type of identification, the police,
animal control officer or impounding facility officer shall make every reasonable effort to notify the owner or harborer of such
impoundment, and the conditions whereby the owner or harborer may regain custody of the animal. Verbal notice shall be
immediately confirmed in writing by the city’s official.
Ordinance No. 140 Domestic Animals Page 5 of 10
3. Reclaiming Impounded Animals.
1. Any non-regulated domestic animal impounded hereunder may be reclaimed by the owner or harborer of same
within ten (10) days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays,
upon payment to the City of an impounding fee as established by the city from time to time together with the actual
costs incurred for boarding.
2. Any regulated animal impounded hereunder may be reclaimed by the owner or harborer of same within five (5)
days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays, upon payment
to the City of an impounding fee as established by the city from time to time together with the actual costs incurred
for boarding.
4. Selling of Impounded Animals.
1. Any non-regulated domestic animal taken up and impounded that has not been reclaimed within the time provided
herein, or if the owner or harborer cannot be located, then within five (5) days, the person in charge of the pound
shall give five (5) days’ notice of the time and place where said animal will be sold by posting notices in the office
in charge of the pound, the office of the City Clerk, and in a conspicuous place at the pound. Should the person in
charge of the pound be unable to sell said animal, for want of bidders or otherwise, that person cannot sell or to
otherwise dispose of such animal thereafter without notice to the City.
2. Any regulated animal taken up and impounded hereunder may be that is not reclaimed by the owner or harborer of
same within five (5) days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal
holidays, the animal may be sold or destroyed and the impounding fees to the City together with the actual costs
incurred for boarding, notices and other such expenses along with reasonable legal and administrative fees shall be
assessed to the owners’ or harborers’ property.
5. Biting Animals Quarantined. Whenever any animal, other than a dog subject to the regulations of Section 7 of this
Ordinance, has bitten a person, the owner or harborer of such animal, having been so notified, either orally or in writing, shall
immediately quarantine said animal at the owners’ or harborers’ home or other suitable place of confinement, as directed by
the law enforcement or Animal Control officer of the City for a period of fourteen (14) days after the occurrence. During the
quarantine period, the animal shall be securely confined in a building or in a yard enclosed by a fence so constructed that the
animal cannot escape or otherwise leave said enclosure, and which will not permit other animals or persons to enter, for the
purpose of preventing the animal from biting or otherwise coming in contact with persons or animals.
6. Rabid Animals. Upon a reasonable suspicion that an animal may be rabid, the animal shall be subjected to the necessary tests
by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. The confinement, testing, and
treatment, in addition to all other expenses incurred as the result of an animal biting a person shall be the sole expense to the
owner or harborer of said animal.
7. Animals Which Cannot be Impounded. If an animal is rabid, or otherwise diseased, vicious, or dangerous, and cannot be
impounded after a reasonable effort or without serious risk to the law enforcement or Animal Control officer, impound
employees, or others, such animal may be immediately killed.
Section 8. Dangerous / Potentially Dangerous Dogs.
1. Incorporation of Statute. The provisions of Minnesota Statutes, Sections 347.50 through 347.565, inclusive, are hereby
adopted as the potentially dangerous and dangerous dog regulations for the City. Where a conflict exists between the
provisions of the City Ordinances, and the provisions of Minnesota Statutes, Sections 347.50 through 347.565, inclusive, the
more restrictive provision shall apply.
2. Initial Determination. The City’s designated Animal Control Authority shall be responsible for initially determining (“Initial
Determination”) whether a dog is a potentially dangerous dog or a dangerous dog. The Animal Control Authority may retain
custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The
Initial Determination shall be conclusive unless the owner appeals the Initial Determination as herein after provided.
3. Notice of Initial Determination. The Notice of Initial Determination shall be personally served on the owner of the dog or on
a person of suitable age at the residence of such owner. The Notice of Initial Determination shall describe the dog deemed to
be potentially dangerous or dangerous; shall identify the time, place and circumstances under which the dog was declared
dangerous; shall identify the officer making the Initial Determination; and shall inform the owner of the owner’s right to
appeal the Initial Determination within 14 days of the date of notice. The notice shall also inform the owner that compliance
with 7.4.1 and 7.4.3 of this Ordinance until the appeal is decided, and that all actual costs of care, keeping and disposition of
the dog are the responsibility of the owner.
4. Request of Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the
City Administrator within fourteen (14) days of the owner’s receipt of the Notice of Initial Determination. A hearing shall be
Ordinance No. 140 Domestic Animals Page 6 of 10
held within fourteen (14) days after the City’s receipt of the Request for Hearing. The City Administrator shall assign a
Hearing Officer who shall not be the person who made the Initial Determination. At the hearing, the Hearing Officer shall
consider the reports and comments of the Animal Control Authority, the testimony of any witnesses, witness statements, and
the comments of the owner of the dog. After considering all of the evidence submitted, the Hearing Officer shall make written
findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (Final Determination). The
Hearing Officer shall apply the definitions of Section 2.3 in making a determination, but shall not declare a dog dangerous if
the evidence at hearing shows it is more likely than not that the threat, injury, or damage was sustained by a person:
1. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the dog; or
2. Who was provoking, tormenting, abusing, or assaulting the dog or who has repeatedly, in the past, provoked,
tormented, abused or assaulted the dog; or
3. Who was committing or attempting to commit a crime. The findings shall be made within ten (10) days of the date
of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the
residence of the owner. If the Hearing Officer upholds the dangerous dog determination, the dog’s owner shall be
responsible for paying the actual costs of the hearing, up to $1,000.
5. Dangerous Dog Restrictions.
1. Registration Required. No person may keep a dangerous dog in the City of Gem Lake unless the dog is registered
with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a
certificate of registration to the owner of the dangerous dog if the owner presents the following information:
1. Secure Enclosure. A Secure enclosure exists for the dangerous dog and there is a posting on the
premises with a clearly visible warning sign, including a warning symbol to inform children, that there
is a dangerous dog on the property.
2. Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the
State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least
$300,000.00, payable to any person injured by the dangerous dog, or a policy of liability insurance
issued by an insurance company authorized to conduct business in the State of Minnesota in the
amount of at least $300,000.00, insuring the owner for any personal injuries inflicted by the dangerous
dog.
3. Registration Fee. The owner shall pay a dangerous dog registration fee of $500.00, in addition to
standard dog licensing fees.
4. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the
name of the microchip manufacturer and identification number of the microchip must be provided to
the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by
the Animal Control Authority with the costs borne by the dog’s owner.
5. Warning Symbol. The owner has posted a warning symbol to inform children that there is a
dangerous dog on the property. The design of the warning symbol must have been approved by the
Minnesota Commissioner of Public Safety.
2. Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and
containing the Uniform Dangerous Dog symbol, affixed to the dog’s collar at all times.
3. Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by
the Animal Control Authority at a time and place specified by the Animal Control Authority.
6. Dangerous Dog Regulations.
1. Muzzling. A dangerous dog shall be kept in a secure enclosure while on the owner’s property. If the dangerous dog
is outside a Secure Enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the
physical restrains of a responsible person. The muzzle must be made in a manner that will prevent the dog from
biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.
2. Annual Renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is
deceased. The owner of a dangerous dog shall pay the fee set forth in section 8.5.3 above, in addition to any regular
dog licensing fees, to obtain a renewal certificate of registration for a dangerous dog under this section. If the dog is
removed from the City, it must be registered as a dangerous dog in its new jurisdiction.
Ordinance No. 140 Domestic Animals Page 7 of 10
3. Death/Transfer from City. The owner of any dangerous dog must notify the City in writing of the death of the
dog; of its transfer to a residence outside of the City of Gem Lake or of its transfer within the City within thirty (30)
days of the death or transfer.
4. Notice to Landlord. The owner of a dangerous dog who rents property from another where the dog will reside
must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal
that the person owns a dangerous dog that will reside at the property.
5. Transfer of Ownership. The owner of a dangerous dog must notify any new owner, whether by purchase, donation
or other transfer, that the City has identified the dog as a dangerous dog. The transferring or selling owner must also
notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new
owner’s name, address, and telephone number.
6. Sterilization. The Animal Control Authority shall require a dangerous dog to be sterilized at the owner’s expense.
If the owner does not have the dangerous dog sterilized within 30 days of a final determination, the Animal Control
Authority may have the animal sterilized at the owner’s expense.
7. Potentially Dangerous Dog Restrictions.
1. Registration Required. No person may keep a potentially dangerous dog in the City of Gem Lake unless the dog is
registered with the Animal Control Authority as provided in this section. The Animal Control Authority shall issue
a Certificate of Registration to the owner of a potentially dangerous dog if the owner presents the following
information:
1. Registration Fee. The owner shall pay a dangerous dog registration fee of $250.00, in addition to
standard dog licensing fees.
2. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the
name of the microchip manufacturer and identification number of the microchip must be provided to
the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by
the Animal Control Authority with the costs borne by the dog’s owner.
3. Warning Symbol. The owner has posted a warning symbol to inform children that there is a
potentially dangerous dog on the property. The Animal Control Authority shall approve the warning
symbol and its location on the property.
2. The Animal Control Authority may also require any of the following items to register a potentially dangerous dog:
1. Secure Enclosure. A Secure enclosure exists for the potentially dangerous dog and there is a posting
on the premises with a clearly visible warning sign, including a warning symbol to inform children,
that there is a dangerous dog on the property.
2. Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the
State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least
$300,000.00, payable to any person injured by the potentially dangerous dog, or a policy of liability
insurance issued by an insurance company authorized to conduct business in the State of Minnesota in
the amount of at least $300,000.00, insuring the owner for any personal injuries inflicted by the
potentially dangerous dog.
3. Photograph. The owner of the potentially dangerous dog shall make the dog available to be
photographed for identification by the Animal Control Authority at a time and place specified by the
Animal Control Authority.
8. Potentially Dangerous Dog Regulations.
1. Annual Fee. The owner of a potentially dangerous dog shall pay the potentially dangerous dog fee set in section
8.7.1 above, in addition to any regular dog licensing fees, to obtain a certificate of registration for a potentially
dangerous dog under this section.
2. Annual Renewal. The owner of a potentially dangerous dog must renew the registration of the dog annually until
the dog is deceased. If the dog is removed from the City of Gem Lake, it must be registered as a potentially
dangerous dog in its new jurisdiction.
3. Death/Transfer from City. The owner of any potentially dangerous dog must notify the Animal Control Authority
in writing of the death of the dog; of its transfer to a residence outside of the City of Gem Lake or of its transfer
Ordinance No. 140 Domestic Animals Page 8 of 10
within the City of Gem Lake within thirty (30) days of the death or transfer. The notice must also provide the new
location where the dog will reside if moved.
4. Notice to Landlord. The owner of a potentially dangerous dog who rents property from another where the dog will
reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease
renewal that the person owns a potentially dangerous dog that will reside at the property.
5. Transfer of Ownership. The owner of a potentially dangerous dog must notify any new owner, whether by
purchase, donation or other transfer, that the City has identified the dog as a potentially dangerous dog. The
transferring or selling owner must also notify the Animal Control Authority in writing of the sale and provide the
Animal Control Authority with the new owner’s name, address, and telephone number.
6. Designation Review. Beginning six months after a dog is declared a dangerous dog or potentially dangerous dog,
an owner may request annually a review of the designation. The owner must provide evidence that the dog's
behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes
modification of aggressive behavior, or other factors. The owner shall submit a request for reconsideration to the
City Administrator, who shall then assign a Hearing Officer to consider the request, in Consultation with the
Animal Control Authority. If the Hearing Officer finds sufficient evidence that the dog's behavior has changed, the
Officer may rescind the dangerous dog or potentially dangerous dog designation.
7. Seizure of Dangerous Dog. The Animal Control Authority shall immediately seize any dangerous dog if:
1. The owner has not registered the dog in compliance with the provisions of Section 7.3 within fourteen
(14) days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog.
2. The owner does not secure the proper liability insurance pursuant to Section 7.3 within fourteen (14)
days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog.
3. The dangerous dog is not maintained in a secure enclosure.
4. The dangerous dog is outside a secure enclosure and not under the physical restraint of a responsible
person.
5. The dangerous dog is not sterilized within thirty (30) days as required by Section 7.4.6.
6. Seizure is ordered by the District Court upon conviction of the owner for a crime related to the keeping
of a dangerous dog.
8. Reclaiming a Dangerous Dog. Unless otherwise ordered by the District Court, a dangerous dog may be reclaimed
by the owner of the dog upon payment of the impounding and boarding fees, and upon presentation of proof to the
Animal Control Authority that the requirements of Sections 7.3 and 7.4 have been satisfied. A dangerous dog not
reclaimed under this provision within seven (7) days may be disposed of as provided in Minnesota Statutes, Section
35.71, Subdivision 3, and the owner shall be liable to the Animal Control Authority for costs incurred in confining
and disposing of the dangerous dog. Any person claiming an interest in a seized dog may prevent disposition of the
dog by posting security, by cash or letter of credit, in an amount sufficient to provide for the dog’s actual cost of
care and keeping. The security must be posted within seven (7) days of the seizure inclusive of the date of seizure.
9. Review of Status for Persons Prohibited from Owning Dogs. A person barred from owning a dog under
Minnesota Statutes, § 347.542, subd. 1 may request that the City Council review the prohibition. No request for
review may be made before three years have passed from the date of conviction which caused the person to be
barred from dog ownership. The Animal Control Authority shall report to the City Council on matters relating to the
review, including but not limited to the seriousness of the violation or violations that led to the prohibition, any
criminal convictions of the person under review, and any other appropriate factors. The Animal Control Authority
may recommend continuing the prohibition, rescinding the prohibition with limitations upon ownership, or
completely rescinding the prohibition. The City Council, in addition to acting on the recommendation, may also
establish conditions that the person must meet before a prohibition is partially or completely rescinded, including,
but not limited to, successfully completing dog training or dog handling courses. A person under prohibition may
only make one (1) request for review in any twelve-month period, regardless of outcome. If a person has a
prohibition rescinded, in full or in part, by the City Council, and subsequently fails to comply with any limitation
imposed by the Council or is again convicted of an animal violation involving unprovoked bites or attacks, the City
Council may permanently prohibit the person from owning a dog in the State of Minnesota.
10. Confiscation of Dangerous Dog. If the owner of a dangerous dog has been convicted of a misdemeanor violation
of Minnesota Statutes §347.51, §347.515, or §347.52, and the owner is charged with a subsequent violation of those
statutes with the same dog, the Animal Control Authority shall immediately seize the dangerous dog and hold it
until resolution of the new criminal charges. The Animal Control Authority shall follow the directives of the
Ordinance No. 140 Domestic Animals Page 9 of 10
District Court regarding disposition of the dog. If the owner is not convicted of the charges, the owner shall be
notified of the right to reclaim the dog within seven (7) days consistent with other reclamations.
Section 9. Enforcement, Records and Penalties.
1. Enforcement. The provisions of this Ordinance shall be enforced by the Animal Control Officer and other such persons or
agencies as may, from time to time, be appointed by the City Council.
2. Records. The City shall maintain accurate records of all licenses, impoundments, quarantines, disposition of animals taken
into custody, reports of all animal attacks or bites, and fees and fines related thereto and to make such records available as
public documents within reasonable times.
3. Penalties. Any owner, harborer, or other person, or the parents of any person under eighteen (18) years of age violating any
provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the maximum
extent allowed by law.
4. Other Associated Costs. Any owner, harborer, or other person, or the parents of any person under eighteen (18) years of age
violating any provision of this Ordinance shall be solely responsible for all costs associated with enforcement of this
Ordinance including, but not limited to, impound fees, boarding, notification of owners, and disposal.
Section 10. Exemptions to this Ordinance.
1. Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from
the provisions of this Ordinance except where such duties are expressly stated and where such facility meets the applicable
zoning code.
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 11. Animal Owner Responsibilities.
1. 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 12. Review, Revocation and Appeal.
1. 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.
2. 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.
Ordinance No. 140 Domestic Animals Page 10 of 10
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 13. 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 14. Enactment and Effective Date
1. 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: ATTEST: Gretchen Artig-Swomley Melissa Lawrence
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
CITY OF GEM LAKE
Heritage Hall
4200 Otter Lake Road | Gem Lake, MN 55110
651-747-2790/92 | 651-747-2795 (fax)
E-mail city@gemlakemn.org
City Council Meeting – February 20, 2024
Call to Order of City Council Meeting
By Mayor Artig-Swomley at 7:_____ p.m.
Call of Roll
Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner
Approve Agenda and Minutes
• Accept the Agenda for the February 20, 2024 City Council Meeting
• Approve the Minutes from January 16, 2024 City Council Meeting
Special Presentations/Public Hearings
• None
Consent Agenda
• Resolution #2024-003 February 2024 Donation to White Bear Lake Area Food Shelf
• Monthly Financial Report(s)
• Claims
Committee Reports
• Planning Commission
Old Business
• Newsletter Updates / Topics / Suggestions
• Domestic Animal Ordinance Discussion
• Code Violations Update
New Business
• Gem Lake Clean-Up Day Discussion
• Future Charitable Gambling Donations
o White Bear Lake Emergency Food Shelf
Community Outreach to Other Cities and Government Bodies
Presentations from the Public, 2 minutes maximum
Open Items for Council Members to Bring Up
Future Council Meetings
• Next City Council Meeting, Tuesday, March 19, 2024
o Attendance Inquiry
• Next City Council Workshop, Monday, March 11, 2024 - CANCELED
Adjournment – The meeting adjourned at ________