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HomeMy WebLinkAbout2024 02-20 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 – 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 • Gem Lake Clean-Up Day Discussion New Business • VLAWMO Workshops March 7 & 14 at Heritage Hall • Office Computer Replacement • 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 ________ City of Gem Lake City Council Meeting Minutes January 16, 2024 1 | Page City of Gem Lake City Council Meeting – January 16, 2024 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, Planning Commission Chair Joshua Patrick, and Gem Lake resident Jim Wilson. January 16, 2024 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 December 19, 2023, City Council Meeting Minutes. Voice vote taken, all voted yes, motion carried. 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 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 Commissioner Chair Joshua Patrick shared that the Commission is looking for more information in regards to garbage haulers in Gem Lake and have requested that City Planner Evan Monson get some quotes from the garbage most used garbage haulers in the city to present at the next Planning Commission meeting. This will help the Commission decide if the topic on a single garbage hauler for the city should be put to rest or if it should be pursued some more. Mayor Artig-Swomley informed Commissioner Chair Patrick that at this time the Council is more concerned about getting the ordinance straightened out than it is looking into a potential city contracted garbage hauler. Commissioner Chair Patrick agreed, but also shared that the Commission is interested to see what the numbers may be as the city was split on the survey regarding have a city contracted hauler. Commissioner Patrick also shared that the Commission has begun to look over the city’s current tree policy and have requested that City Planner Evan Monson search for samples from other cities. He also stated that the City Planner and City Attorney both feel like instead of creating a new ordinance or even adding to the current policy it might be better to create a Q&A page on the city website instead for some common homeowner related topics regarding trees on personal property. Old Business Newsletter Updates / Topics / Suggestions The February newsletter is ready to go pending review from the council and any suggestions for edits. There is room for one additional story and the Mayor would like to put a note in there letting the City know that the Council will begin reviewing the current domestic animal ordinance at the February meeting and invite the residents to come and give input on the topic. Suggestions for the next newsletter will be discussed at the February City Council meeting. Code Violations Update At this time the city has been dealing with two different code violation issues at two different properties. City of Gem Lake City Council Meeting Minutes January 16, 2024 2 | Page Property 1: Located on Goose Lake Road is in the process of being resolved by the courts for a large semi- trailer parked on the property. A court date is set for January 26 and the city is hoping to have a date for removal assigned at that hearing. If it is possible, the Mayor would like to have law enforcement present at the time of removal to ensure that everything goes smoothly. Without knowing what will be decided during this court session, the Council and neighboring residents are happy to see some progress being made to resolve this issue. Gem Lake’s city attorney will continue to talk with the property owner’s attorney regarding the issue to hopefully be able to handle this without a court order. Property 2: Located on Scheuneman Road has had many complaints brought to the city regarding the property. The property in question is a rental property and each complaint has been investigate by the City code Enforcement Officer. Many inspections have taken place. A recent rental property license renewal was issued contingent that the property pass a monthly grounds inspection. The tenants have been known to clean-up and get rid of all the potential code violation items before inspections and then bring them back on the property once the inspection has been completed. The Code Enforcement Officer is hoping that this required monthly inspection will help resolve the problem. The City of White Bear Lake has also expressed their frustration with this property and the vehicles that are being parked along Hoffman Road that have been getting towed recently for being parked on that road. The Ramsey County GIS system shows a clear trail from the back of the property leading to Hoffman Road where the vehicles are being parked. This trail also goes over the railroad tracks. Mayor Artig-Swomley has asked City Attorney Kevin Beck to reach out the railroad company and inform them of what is happening to see if they will get involved in this issue. The tenants have removed almost 100% of the backyard trees to create this trail which violated the city’s tree preservation ordinance. Councilmember Cacioppo thinks that the city clerk should keep track of how much time is being spent on this problem property and to seek reimbursement for that time, which is easier said than done. The Mayor suggested that language be added to the rental ordinance to include language on the number of police calls before revocation and to build in language for fees depending on the amount of inspections needed on a property over the year. New Business Metro-INET Acceptable Use Policy On page 8 of Metro-INETs Acceptable Use Policy it has a section on personal devices. The first paragraph states “Employees may choose to use their own equipment to read or compose email or other agency data as governed in this policy. Employees understand that by connecting their personal equipment to the Metro-INET resources, their personal devices could be searched during an e-discovery or other court- ordered scenarios and agree to grant access to their personal devices should such a situation arise.” This is pretty standard boiler plate language. Councilmember Cacioppo has two concerns with this. The first being, how long will they need to have access our personal equipment for if the situation arises? And the second being, what remedy is there for this situation? All Councilmembers are not given a device (laptop or phone) to use for city business, so personal devices are used to view and respond to emails. While there are no answers to those questions at this time, Councilmember Cacioppo suggested that “…and agree to grant access to their personal devices should such a situation arise.” be removed from the paragraph. Mayor Artig-Swomley volunteered to make the request to Metro-INET before signing the policy. Councilmember Lindner introduced a motion to have Mayor Artig-Swomley remove the last bit of language from the first paragraph regarding personal devices and submit it to Metro-INET for approval before agreeing and signing the policy, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried. Metro-INET Training Courses Some members of the Council are behind on the required training courses. Mayor Artig-Swomley will reach out to those that are behind and let them know which courses need to be completed ASAP. City of Gem Lake City Council Meeting Minutes January 16, 2024 3 | Page 2024 SCORE Agreement Final Each year the City must approve an agreement with Ramsey County for a SCORE funding recycling grant. The term of this agreement shall be from January 1, 2024 – December 31, 2024. Councilmember Lindner introduced a motion to approve the agreement with Ramsey County, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried. MS4 Audit Meeting Results On Friday, January 5, 2024 the City of Gem Lake’s Municipal Separate Storm Sewer System (MS4) permit was audited by the Minnesota Pollution Control Agency (MPCA). 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. 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 a temporary snow and ice policy will be approved at tonight’s meeting as a temporary measure while Gem Lake works to create one more tailored to Gem Lake. MPCA Snow & Ice Policy A temporary snow and ice policy based on a sample ordinance from the MPCA is being presented to the Council for approval while the city works to create one more tailored to Gem Lake. Councilmember Lindner introduced a motion to adopt the snow & ice policy being presented, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried. Domestic Animal Ordinance Discussion The city’s domestic animal ordinance is in need of an update. The mayor would like the council to look at subjects such as the number of domestic animals that any city household can have, whether cats should be licensed, how commercial kennels might be handled, and related topics. The mayor will put a piece in this upcoming newsletter inviting the public to the February City Council meeting to provide feedback. It is expected that the revision of this ordinance will take place over a number of months. Future Charitable Gambling Donations White Bear Lake Emergency Food Shelf Mayor Artig-Swomley suggested that the Council make a donation in February 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 is continuing to work with the City of Vadnais Heights on the 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. Mayor Artig-Swomley has requested that City Attorney Kevin Beck write a letter to the City of White Bear Lake on the city’s behalf informing them that the city will not be making payments towards the debt levy until a meeting has been scheduled to sit down and discuss it in more depth. Councilmember Lindner introduced a motion to authorize City Attorney Kevin Beck to send a letter to the City of White Bear Lake requesting a meeting, seconded by Councilmember Amlee. Voice vote taken, all in favor, motion carried. Presentations from the Public, 2 Minutes Maximum None City of Gem Lake City Council Meeting Minutes January 16, 2024 4 | Page Open Items for Council Members to Bring Up Councilmember Johnson shared with the council that the County Road E corridor committee received 44 responses to the RFP request. After many zoom interviews the list has been narrowed down to 5 applicants. The committee has someone in mind at this point and Councilmember Johnson hopes to have more to share at the March City Council meeting. There may be enough information to include in the next edition of the city newsletter. Future Council Meetings City Council, Tuesday, February 20, 2024. City Council Workshop, Monday, February 12, 2024 is CANCELED. Attendance Inquiry Councilmember Johnson will not be in attendance. All other members have no conflict. Adjournment Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember Cacioppo, the meeting adjourned at 7:55 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake, MN Resolution No. 2024-003 February 20, 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 January 16, 2024 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 February 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. February 20, 2024 Melissa Lawrence, Acting City Clerk Date Ordinance No. 140 Domestic Animals Page 1 of 14 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 governmen tal subdivision of the state which is responsible for animal control operations in its jurisdiction. For the purpose of this ordinance the City of White Bear Lake is the contracted Animal Control Officer. 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. Any domesticated feline animal, male or female, whole or neutered. 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. Custodian. Any person, firm, or corporation, organization or department possessing, harboring, keeping, having an interest in or having custody or control of an animal on behalf of an owner. Commented [ML1]: Possible new definition Commented [ML2]: Replace “harborer” with this definition. Ordinance No. 140 Domestic Animals Page 2 of 14 7. 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 aggressivel y bites, attacks, or endangers the safety of humans or domestic animals. 8. 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. Any canine animal, male or female, whole or neutered. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 peri od of three (3) or more consecutive days. 15. Heat. The period of time during which a female animal is in its Estrous Cycle. 16. 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. Any place where four (4) or more dogs over six (6) months of age are kept, boarded, bred and/or offered for sale. 17. Owner. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a domestic animal. 18. 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 occup ants of the premises and which is located on and maintained by the occupant of the premises in residential districts for personal use only. Commented [ML3]: Possible new definition Commented [ML4]: Neither of these definitions are mentioned anywhere in the Ordinance. Are they needed as a definition if we don’t touch on it anywhere? Commented [ML5]: I think the word “custodian” sounds better. Commented [ML6]: Remove definition as kennel and personal kennel are in the sense the same thing. Possibly even decide to prohibit kennels in the city. Falcon Heights prohibits them. Or we need to have people obtain a kennel license, which most other cities do, which would need to be created. Ordinance No. 140 Domestic Animals Page 3 of 14 19. 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. 20. Possess. To have custody of or have control over. 21. 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. 22. Premises. Any building, structure, shelter, or land wherein or whereon domestic animals are kept or confined. 23. 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. 24. Provocation. An act that an adult could reasonably expect may cause a dog to attack or bite. 25. 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’ custodian’s premises. 26. Running at Large. An animal found outside the boundaries of the property of its owner or harborer custodian when not under direct restraint. 27. 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. 28. Substantial Bodily Harm. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the f unction of any bodily member or organ, or which causes a fracture of any bodily member. 29. Vicious Habits. Any animal, which has attacked or bitten any human being or which habitually attacks other animals or habitually destroys or damages property. 30. Waste. Solid matter from the bowels of the pet; excrement. Section 3. Animal Control 1. Running at Large. It shall be unlawful for any owner or harborer custodian of any animals to allow said animals 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 custodian. Commented [ML7]: Definition added. Ordinance No. 140 Domestic Animals Page 4 of 14 2. Chasing. It shall be unlawful for any owner or harborer custodian 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 custodian 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 custodian 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 8 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 custodian. Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel in such manner that such female dog or cat cannot come in contact with another animal except for intentional breeding purposes. 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 custodian 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 hig h with letters not smaller than three (3") inches high. 9. Housing and Keeping of Animals. It shall be unlawful for any owners and harborer custodian 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 bo dy 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. Vaccination Required. 1. Every dog and cat over six (6) months old shall be vaccinated against rabie s. 2. Unvaccinated dogs and cats acquired or moved into the City must be vaccinated within thirty (30) days of acquisition or arrival if over six (6) months old. Commented [ML8]: Remove and create own section regarding vaccination. Ordinance No. 140 Domestic Animals Page 5 of 14 3. Vaccination Tag. A metal or durable tag, serially numbered, issued by the rabies control authority, shall be securely attached to the collar 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 harnes s with the vaccination tag must be worn. Section 4 5. 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 custodian. Applicant shall give the following information on forms provided by the City: 1. Owner’s name and home address; and 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 custodian registration information; or 3. Such electronic identification methods includin g implants, provided a tag or other identification device identifies electronic registration. 5. No license shall be granted for a dog which has not been vaccinated against rabies by a doctor of veterinary medicine qualified to practice in the state in which the animal was vaccinated. 6. A penalty for late application shall be imposed on every application submitted after January 1 at the rate of $2 for each calendar month or part of a month beginning January 1, except that no late fee shall be charged if the application is being filed because the dog has reached the age of six (6) months or because the owner became a resident of the city or acquired an animal with 30 days of application. 7. 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 5 will carry penalties as provided in Section 9 10, paragraph 3. 8. Upon issuance of license, the City Clerk shall provide the owner with a tag or suitable material containing the identifying number and year of issuance. Commented [ML9]: Vaccination language added Commented [ML10]: Added potential language. Ordinance No. 140 Domestic Animals Page 6 of 14 9. Owners of dogs are responsible for having the dog wear at all times the city license tag and either a separate tag or plate containing the owner’s name and address, or the same information indelibly inscribed on the license tag. 10. The City Clerk shall keep and maintain an accurate record of identifying numbers which shall be open to public inspection. Section 5 6. 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 equ ipment 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 c ase 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 7. 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. No person shall operate a dog kennel within the C ity of Gem Lake without first obtaining a kennel license. Applicant shall pay the City Clerk a license fee of $XX.XX and submit an application stating therein the maximum number of dogs to be harbored in the kennel, the exact location of the kennel and the qualification and experience of the applicant in the operation of a dog kennel. The City Council shall grant or deny the license. 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 8. Impounding Animals. 1. Impounding Animals. The City of Gem Lake contracts out to the City of White Bear Lake to provide animal control services. 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. It shall be the duty of the Animal Control Officers designate d by the City to promptly seize, take up and place in a pound all dogs that may be found running at large or being kept or harbored any place within the City contrary to the provisions of this chapter. Any dog found unlicensed after January First (lst) of each year may be seized and impounded by such officers, or the person owning or harboring such dog may be notified to procure a license for same within five (5) days of the date of such notice. Commented [ML11]: Added potential language. Commented [ML12]: Remove current language and add new language requiring a license or decide to prohibit kennels in Gem Lake and add this language: “No person shall maintain a kennel within the city. For the purpose of this ordinance, four or more of any type of domestic pet over four months old constitutes a kennel.” This language only works if the City decides to start counting cats as a domestic animal and limiting the number of dogs and cats per household. Ordinance No. 140 Domestic Animals Page 7 of 14 3. Notice to Owner or Harborer Custodian. If by a license tag or by other means the owner or custodian 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. 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 custodian of such impoundment, and the conditions whereby the owner or harborer custodian may regain custody of the animal. Verbal notice shall be immediately confirmed in writing by the city’s official. 4. Reclaiming Impounded Animals. 1. No dog shall be released from the pound unless the owner or custodian entitled to demand release of the dog purchases a proper license for said dog and pays the required fees set forth in the animal control service contract currently in effect. All dogs taken to a pound and not claime d and released within five (5) days after being impounded, shall be disposed of in a humane manner, subject to M.S. §35.71, Subd. 3, and any animal control service contract currently in effect. (Ref. §§1301.100, 1301.110, 1301.120, 1301.130, Code 1966; Ord . Nos. 524, 12/14/71;, 595, 12/14/76; 611, 6/13/78; 649, 4/14/81) 2. Any non-regulated domestic animal impounded hereunder may be reclaimed by the owner or harborer custodian of same within ten (10) days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays, upon payment to the City of White Bear Lake of an impounding fee as established by the city from time to time together with the actual costs incurred for boarding. 3. Any regulated animal impounded hereunder may be reclaimed by the owner or harborer custodian 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. 5. 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 custodian 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 custodian 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’ custodians’ property. 6. 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. Ordinance No. 140 Domestic Animals Page 8 of 14 Section 9. Vicious and Rabid Dogs. 1. Biting Animals Quarantined. Whenever any animal, other than a dog subject to the regulations of Section 7 8 of this Ordinance, has bitten a person, the owner or harborer custodian of such animal, having been so notified, either orally or in writing, shall immediately quarantine said animal at the owners’ or harborers’ custodian’s 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. 2. Rabid Animals. Upon a reasonable suspicion that an animal may be rabid, th e 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 custodian of said animal. Section 8 10. Dangerous / Potentially Dangerous Dogs. 1. Incorporation of Statute. The provisions of M.S., 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 M.S., 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 do g 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 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 determinatio n, 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 Ordinance No. 140 Domestic Animals Page 9 of 14 3. Who was committing or attempting to commit a crime. The findings shall be made within t en (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 identif ying 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 Author ity at a time and place specified by the Animal Control Authority. 6. Dangerous Dog Regulations. 1. Annual Fee. The owner of a dangerous dog shall pay an annual fee as set forth in Ordinance No. 135 (Fees & Charges), in addition to any regular dog licensing fe es, to obtain a certificate of registration for a dangerous dog under this section. 2. 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 an d restrained by substantial chain or leash and be under the physical restrains of a responsible person. The muzzle Ordinance No. 140 Domestic Animals Page 10 of 14 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. 3. 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 pa y 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. 4. 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. 5. 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 d og that will reside at the property. 6. 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. 7. Sterilization. The Animal Control Authority shall require a dangerous dog to be steril ized 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. 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. 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 po tentially dangerous dog if the owner presents the following information: 1. Registration Fee. The owner shall pay a potentially dangerous dog registration fee of $250.00 $120.00, 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: Commented [ML13]: Move this subsection to sit between subsection 6 and 7 below of this section. Ordinance No. 140 Domestic Animals Page 11 of 14 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 ma ke 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 pa y the potentially dangerous dog fee set in section 8.7.1 10.7.1.1 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 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 t o 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 ma y 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 tha t 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: Ordinance No. 140 Domestic Animals Page 12 of 14 1. The owner has not registered the do g in compliance with the provisions of Section 7 8.3 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 8.3 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 8.6.6. 6. Seizure is ordered by the District Court upon conviction of the owner for a crime related to the keeping of a dangerous dog. 9. 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 10.5 and 10.6 have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days may be disposed of as provided in M.S., 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 o f care and keeping. The security must be posted within seven (7) days of the seizure inclusive of the date of seizure. A dangerous dog seized under M.S., section 347.54, subdivision 1 may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the appropriate animal control authority that the requirements of sections 347.51 and 347.52 will be met. A dog not reclaimed under this subdivision within seven (7) days may be disposed of in a manner permitted by la w, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog . 10. Review of Status for Persons Prohibited from Owning Dogs. A person barred from owning a dog under M.S. §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 att acks, the City Council may permanently prohibit the person from owning a dog in the State of Minnesota. 11. Confiscation of Dangerous Dog. If the owner of a dangerous dog has been convicted of a misdemeanor violation of M.S. §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 follo w the directives of the District Court regarding disposition of the dog. If the owner is not convicted of the Ordinance No. 140 Domestic Animals Page 13 of 14 charges, the owner shall be notified of the right to reclaim the dog within seven (7) days consistent with other reclamations. 12. Destruction of Dangerous Dog. Upon a Final Determination, the Police Chief is authorized to order the destruction of the dog upon a finding that the dog has been declared dangerous, the owner’s right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with provisions of M.S. §347.50 through 347.565 and the provisions of this City Code. 13. Harboring. Any person who harbors a dog after it has been found by the Police Chief under this provision to be dangerous and ordered into custody for de struction shall be guilty of a misdemeanor. Section 9 11. 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 app ointed 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 custodian, 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 mis demeanor and upon conviction thereof shall be punished to the maximum extent allowed by law. 4. Other Associated Costs. Any owner, harborer custodian, or other person, or the parents of any person under eighteen (18) years of age violating any provision of t his 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 12. 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, guine a 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 13. 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, abroga te, 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 Ordinance No. 140 Domestic Animals Page 14 of 14 herein required or where it appears that a violati on 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 14. 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. 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 15. 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 16. 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. N othing 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 VLAWMO Workshops Grant Programs 101 3/7/2024 – Heritage Hall 6:00 p.m. – 7:30 p.m. Raingardens 101 3/14/2024 – Heritage Hall 6:00 p.m. – 7:30 p.m. Front Office Computer Replacement The front office computer is at the 5 year mark and it scheduled to be replaced this year. Metro- INET sent me the specs and pricing for a new computer that is comparable to my current one. The computer has started to run a little slower compared to when I started working for the City and things are starting to freeze. I would also like to replace the old 23” monitor in the office too and upgrade it to the same 27” monitor that I got a year or two ago so that I have two of the same size monitors. Computer Desktop Dell OptiPlex 7010 MFF (Standard Specs) (no DVD/CD drive) $808.85 Core i5-13500T@ 4.60 GHz 16 GB RAM 256 GB Hard Drive Monitor 27" Dell P2722H Monitor $185.59 Grand total for computer and monitor would be: $994.44 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 – March 19, 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 March 19, 2024 City Council Meeting • Approve the Minutes from February 20, 2024 City Council Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2024-004 March 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 • Gem Lake Clean-Up Day Discussion o Resolution #2024-005 2024 Joint Recycling Event with White Bear Township New Business • Council Pay Discussion • City Clerk Pay Parameter Review / Annual Review • 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, April 16, 2024 o Attendance Inquiry • Next City Council Workshop, Monday, April 8, 2024 - CANCELED Adjournment – The meeting adjourned at ________