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8.f)1) Animal Control r . Meeting Date: 1/20/2009 Agenda Item: � �' �� City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss proposals for animal control services and give direction to staff. Deadline/ Timeline: Current contract with the Animal Humane Society(AHS) ended 1/1/2009. They have agreed to continue impounding dogs until new services are in place. Background: • At the December 16 meeting, the Council discussed various options for animal control services. The current contractor, Sherrill Reid Animal Control services, was asked to submit a new proposal for her services. • The new proposal from Ms. Reid changes her rate to $90 per call (rather than $75 per animal.) The fee would remain the same at any time of day. She would absorb the cost of insurance in her fee. • If this proposal is accepted, the City would need to contract directly with Hillcrest Animal Hospital for impound services. • Based on this new proposal, Sherrill Reid's services would appear to be less costly than the proposal received from the other contractor (Animal Control Services/Rick Ruzicka.) The other proposal included an increased fee ($99) on evenings and weekends. It also appeared to include a slight inark-up on Hillcrest's impound services (which they would arrange rather than the city doing so directly.) Recommendation: The Council should discuss whether or not to enter into a new agreement with Sherrill Reid Animal Control Services. If that is the direction, the next step would be to develop a new agreement with Ms. Reid, and a separate agreement with Hillcrest Animal Hospital for impound services, and bring them back to the Council for approval at a future meeting. Attachments/ • Sherrill Reid Animal Control Bid, 12/30/08 Materials provided: . Staff report for 12/16/08 Council meeting, with attachments Contact(s): Sherrill Reid (651 433-3033) Prepared by: Anne Hurlburt, Administrator (animal contro]) Page 1 of 1 O1/13/09 SCANDIA SHERRILL REID ANIMAL CONTROL BID �1i.CC i t3uiaiT'iCd liabiiity insura7cc at May Tawnship'S 11iS1St�i1C�, � ilaL'C t'iCCII dividing the cost between Marine, Scandia, and May evenly, charging a once annual fee of$222.00 each. The inequity of that division troubles me, because last year I picked up and transported 34 animals total, 19 in May Township, 13 in Scandia, and 2 in Marine. If I raise my rate to $90 per transport and charge no annual fee for lnclil'�nCe, I am able tc�take the inc��ra�nce mnney oi�t of my fee rate anc� ther� is na inequity. Bid proposal for the City of Scandia: Terms: 1. There will be $90.00 per transport charge to impound facility of Scandia's choice. 2. This rate does not change for time of day, weekends or holidays. 3. If there is a call out by the Sherif�s department or a private citizen for which there is no transport, there is no charge. 4. There will be no minimum monthly charge. 5. There will be nu fuel surchar�e, no matter what the avera�e price per�alion. 6. There will be no charge for keeping extensive lists of missing and found animals and occasionally matching found with lost. 7. T?:ere :��ill �e no ch�rge for taking my dog to track missir.�dogs. 8. There will no longer be an annual fee for liability insurance which will be maintained solely by Sherrill Reid Animal Control with the Minnesota Joint Underwriting Association. Proof of insurance will be provided annually in June or July. This contract would start immediately upon approval by Scandia City Council and could be terminated at any time with a 30-day notice. -�--�� ' ia�3o�og S�f1�Xfl,� �el� QnIY'�m� �011��"°� � Meeting Date: 12/16/2008 Agenda Item: (� � � Z5 City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss options relating to animal control and impounding dogs, and give direction to staff. Deadline/ Timeline: Current contract with the Animal Humane Society(AHS) ends 1/1/2009. Background: • On October 31, the city received a form letter from the Animal Humane Society indicating that they were not willing to provide impounding services to municipalities that do not allow for services for cats/kittens and other domestics. The letter requested that the city notify our animal control officer that"services are to be provided for these animals and/or permission is to be granted when notified that a non-canine stray has been brought to the AHS." • The township/city has received similar communications in the past from the Humane Society(see attached.) • Scandia's Ordinance No. 75 provides for the regulation, confinement and disposition of dogs,but does not provide any authority for control of cats or any other domestic species. • Staff contacted the AHS to determine if it was the intent of the AHS to terminate its contract with Scandia for impoundment of dogs, if we did not begin impounding cats. In response, they sent the letter dated November 3, indicating that they would do so effective 1/1/2009 due to their requirement for contracted municipalities to provide services for all domesticated species. � Staff began to research other options for these services. We had discussions with Northwoods Animal Shelter in Wyoming, and they indicated their willingness to work with us. • At the December 2 meeting, Animal Control Office Sherrill Reid appeared before the Council and asked that she be given authority to impound stray cats. She stated that AHS would not be willing to provide any of their services within Scandia should she not be given this authority. Staff was directed to research options and report to the Council at the Deceinberl6 meeting. � On December 3, staff was infonned by Northwoods Animal Page 1 of 3 12/12/08 a` Shelter that they would decline the opportunity to serve Scandia based on their communications with Sherrill Reid. • We contacted AHS staff to clarify their position. Unless Scandia provides services for all domestic species (not just cats) as it does for dogs, they will tenninate the contract. This will not, however, affect any of the other activities of AHS, such as investigating complaints of animal abuse or accepting animals surrendered to the�n by Scandia residents. AHS staff acknowledged that it may take Scandia some time to make alternate arrangements, so is willing to extend their services past 1/1/09 if necessary. • Staff has made contact with Rick Ruzicka, whose company Animal Control Services contracts with 3l different municipalities including Hugo and Forest Lake. They contract for impound services with Hillcrest Animal Hospital, located at 1320 County Road D, in Maplewood. They provided a combined proposal for animal control and impound services. • We have also made contact directly with Hillcrest Animal Hospital. They appear to be the only other nearby option for impound services, since Northwoods declined to work with us. Their fee proposal has not yet been received, but we hope to have it prior to the Council meeting. • The City's current arrangement with Sherrill Reid Animal Control pays her$75 per animal, plus one third of her insurance costs ($222 in 2008). Rates in the"Policies and Procedures"were raised in 2008. Based on 14 calls and 18 dogs picked up in 2008, this worked out to a total of$87.34 per dog, or$112.29 per call. Impound services are billed separately to the city by AHS. • Animal Control Service charges $90 per call-out (not per animal) on weekdays, $99.00 for evenings, weekends and holidays. There are no additional charges for insurance. It appears that the contract with Animal Control Services would cost less. • In 2008, the city's budget for animal control services was $1,200, and $1,749 has been spent year-to-date. Costs in 2006 and 2007 were$1,213 and $2,429, respectively. Recommendation: The first issue that must be addressed is whether or not the ordinance should be amended. If the ordinance is amended to authorize impounding of all domestic animal species, the City could continue to work with AHS. (Another option would be to amend the ordinance to eliminate the provisions concerning dogs, other than dangerous dogs from the ordinance, and eliminate the animal control service altogether.) If the current ordinance is not changed, alternative impound services must be sought. The alternative to AHS for impound services appears to be with Hillcrest Animal Hospital, either Page 2 of 3 12/12/08 3 directly or througl� a contract with Animal Control Services. The second issue to be decided is whether or not to continue to work with Sherrill Reid, or to contract with Animal Control Services. If the city stays with Sherrill Reid, a separate ageement for impound services will be necessary. I recommend that the City Council discuss this information and give direction to staff on how you wish to proceed. Attachments/ • Contract with St. Croix Animal Shelter, Inc. and New Scandia Materials provided: Township, June, 1993 (predecessor to Animal Humane Society) • Animal Control Policies and Procedures (agreement with Sherrill Reid), October 2003 • Ordinance No. 75 • Letter from Human Society for Companion Animals dated January 6, 2004 • Letter received 5/28/08 • Letter from Animal Humane Society received 10/31/08 • Letter from Animal Humane Society dated 11/3/08 • Draft Animal Control Contract, Animal Control Services Contact(s): Prepared by: Anne Hurlburt, Administrator (animal control) Page 3 of 3 12/12/08 � CGNTRACT BGTWLEN THG ST. CROIX ANIMAL S11L•'LT�R� �NC. AND THC Township pg New Scandia It is hereby agreecl by �nd betweeti the Township uf New Scandia hereiri after called the Township , and lhe St. Croix Aiiimal S}�el�er, In� tierein aLter called the Shelter, that the Shelter shall serve as the impound facility agent for the Township be�iniiing on Lhe date of tl�e sigiiing of t}�e contra�t, witl� the following provision: 1. Thc Shelter sl�all receive and care for dny do ur cdt bi•ougi�t to it durinb business ltours by the dog catchrr for the �ownship , The dog or cat's ow�ier, if known, sl�all be noliEied of tlie iwpoundment by the Township 2. The �log ur cdt sliall be impounded 'ny the Stielter for five (5) days. No dog or cat will be released by the Shelter Co Its owner during tiie impoundn�ent period unless the owiier presenis a releasc form from ti�e Townshi� indicdtii�g that �hey hsve paid the necessary fines and costs d�e tne of New Scandia , and unless tl�ey have patd to the Sheltar the im- pound fees for tt�e number oP days the dog or cat was im�ounded. 3. If the dog or cat is not claimed by the owc�er Uy the end of the impoui�dment period, the dob or cat shall beco�ne the property of l•he Stielter, to be placed for adoption or to lie disposed of in a i�umane �naniier. 4. The Shelter shall send a statcmer�t of accouiit to th� Township each munth, itemizing tl►e coste for impoundment of tl�e dogs or cdts not claia�ed uy tlie owners. A service charge will Le adde� if not �,aid in �0 ddys. S. This agreement shall be considered l•o be automatically renewed eacl� year uiiless i� is ter�iiinateJ by eittier the Shelter or Lhe Township by givin� writtcn notice of thirCy (30) day5 prtor to tl�e terminatioi� date. TownshiP _ OF TI2w Scandia BY Dolores Peterson �"�� ' �-� � � ' DATE June 23 , 1993 CLERK Dolores Peterson ST. CROIX AivIMAL ShELTCR BY �� C,C�,i� r , �k�� EXECUTIVL AIRGCTOR DAT i: c�-u-"�- r�-� �1 � --- } � � ' / NEW SCANDIA TOWNSHIP ANIMAL CONTROL POLICIES AND PROCEDURES A. INTRO�UCTI�N. New Scandia Township ("Town") provides animal control by utilizing the services of Sherrill J. Reid, Post Office Box 252, Marine, Minnesota 55047, acting as an animal control officer ("ACO") on an independent contractor basis. Animal control is provided on a complaint or need basis only, primarily for the purpose of restraining and impounding or returning to its owner, dogs which are running at large in the Town. The ACO does not provide general patrol for the purpose of picking up dogs which are running at large. B. PROCEDURES. 1. Upon capture of a dog running at large, the ACO shall either take the animal to the Humane Society for Companion Animals ("HSCA") for impoundment or, in her discretion, return the animal directly to its owner, if known. 2. All healthy animals not claimed by their owner shall be put up for adoption by the HSCA after five (5) working days. 3. Upon impoundment of a dog, the ACO shall make a reasonable effort to notify the owner, if known, and inform the owner of the conditions on which she may regain custody. C. FEE SCHEDULE. 1. The owner shall pay an impounding fee of Seventy-five ($75.00) Dollars to the HSCA upon return of the impounded dog, which shall be accredited by the HSCA to the amounts billed to the Town for animal impoundment services. 2. The Town shall pay to the ACO a fee of Fifty ($50.00) Dollars for each dog transported to the HSCA by the ACO. 3. The owner shall pay to the ACO a fee of Twenty-five ($25.00) Dollars for each dog returned directly to the owner. � 1 D. TRANSPORTATION AND RETURN OF ANIMALS. 1. Upon capture of a dog running at large, the ACO may, in her discretion, return the animal to the owner and collect the required fee or take the animal directly to the HSCA. 2. No dog shall be returned directly to an owner who is not at home or who cannot otherwise be reasonably contacted. 3. If a dog owner notifies the ACO that the owner's dog is running at large, and the ACO determines that the incident is an isolated occurrence, the ACO may, in her discretion, return the dog to the owner without charge. E. RECORDS. 1. The ACO shall maintain a log of all lost and found dogs in the Town, together with the disposition of the dog, which log shall be made available to the Town from time to time at its request. F. USE OF FIREARMS. 1. The ACO may use a firearm in the course of her duties in accord with all State regulations, including the possession of a valid permit and a Firearm Safety Certificate, copies of which shall be provided to the Town. 2. The ACO shall not destroy any animal except sick, severely injured or apparently dangerous or vicious animals. G. WILD ANIMALS. The Town has purchased a number of traps to be used in the capture of wild anima!s. Any �vild anima! �amplaints received by the Town shal! be r�ferred to the ACO. The ACO shall charge the complainant for her services in capturing and relocating wild animals. The Town shall not be responsible for costs or fees incurred in the trapping and relocation of wild animals. I. INSURANCE. The ACO shall maintain a general liability policy covering her during the performance of her duties with limits of One Hundred Thousand ($100,000.00) Dollars per occurrence, and a Three Hundred Thousand ($300,000.00) Dollars annual aggregate. The Town shall pay one-third (1/3) of the annual premium for such policy not to exceed Two Hundred Twenty-five ($225.00) Dollars. The Town shall not be responsible for the payment of any deductible applicable to a � 2 claim. The Town shali not be liable for any claims for damages resulting from injury to persons or property arising out of the conduct of the ACO's activities and the ACO shall hold the Town harmless from all such claims. � . Dated: 2003 SHERRILL ID ANIMAL C NTROL OFFICER �_ Dated: _ � `- 2 l'� � 3 � 2003 NEW N OWNSH P ,, ��� BY: �� DENN S d:SEE ELDT CHAIRMAN Dated: ��-a�-�j , 2003 BY: DOLO ES P RSON CLERK g 3 NEW SCANDIA TOWNSHIP ORDINANCE NO. 75 AN ORDINANCE PROVIDING FOR IDENTtFICATION, REGULATION, CONFINEMENT AND DISPOSITION OF DOGS WITHIN NEW SCANDIA TOWNSHIP AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF The Town Board of Supetvisors of New Scandia Township does ordain: Section 1. DEFINITIONS: A. Owner: Any person, group of persons or corporation, firm or partnership, owning, keeping or harboring a dog or dogs. The harborer of a dog shall mean any person who has custody of any dog or permits the same to be � kept on or about his or her premises. B. At Large: A dog shall be termed to be at large when it is not under urestraint" as defined in this section. C. Restraint: A dog is under restraint within the meaning of this section if it is controlled by a leash not exceeding six (6) feet in length; if it is under the voice or signal command of a responsible person whom the dog will immediately obey; if it is within a vehicle being driven or parked on the public streets; and if it is within the limits of its owner's premises. D. Stray: Any unidentified dog, the owner of which is unknown and which is at large within the Township. E. Animal Control Authority: Any person, firm, agency or company hired or appointed by the Township to assist and/or enforce this ordinance or any police of�icer charged with enforcing this ordinance. F. Animal Shelter: Any premises designated by fhe Town Board for impounding and caring for all dogs found running at large. � G. Attack: Any unprovoked, threatening aggressive behavior of a dog which ! puts a reasonable person in fear of immediate bodily harm. � H. Biting Dog: Any dog which has bitten, scratched or caused any other injury to a human being in a location where, at the time of the attack, the victim � was lawfully conducting himself or herself, including premises owned or � controlled by the owner of the animal if such location is commonly open to � � the public, such as a driveway or boulevard, or the victim was on such premises at the express or implied invitation of the owner of the animal. I. Dangerous Dog: Any dog that has: (a) without provocation, inflicted substantial bodily harm on a human being on public or private property; (b) killed a domestic animal without provocation while off the owner's property; or (c) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endanger� the safety of humans or domestic animals. J. Potentially Dangerous Dog: Any dog that: (a) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (b) 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 (c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. K. Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss � of impairment of the function of any bodily member or organ, ar which � causes a fracture of any bodily member. � Section 2. IDENTIFICATION: No person shall own, harbor, keep or have custody of a dog over six (6) months of age, within this Township, without the dog being � identified by a device, tag or plate attached to the dog by a collar, harness or j device giving the name and telephone number of the current owner. � Section 3. RABIES VACCINATION: No person shall own, harbor, keep or have � custody of a dog over six (6) months of age, within this Township, unless the dog has been vaccinated against rabies and the dog has attached to its � collar, harness or similar device a current rabies vaccination tag. �(� 2 � Section 4. CON�INEMENT: The owner shall confine within a building or secure enclosure any fierce, dangerous or vicious dog, except when under restraint by a responsible person. Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital, or boarding kennel, or shall be controlled on a leash while being exercised. Section 5. AT LARGE: No owner shall permit his/her dog to be at large within the Township. Section 6. PUBLIC NUISANCE: No person shall keep or harbor a dog which is a public � nuisance. A dog is a public nuisance that does any of the following: A. Destroys property or habitually trespasses in a damaging manner on property of persons other than the owner. B. Attacks or bites a person outside the owner's or custodian's premises. C. Shows vicious habits or molests pedestrians or persons riding or driving on the public streets or highways. D. Habitually barks, bays, cries, howls, or makes any other noise continuously for a period of 10 minutes or barks intermittently for 30 minutes or more, at any time, either day or night. A dog shall not be deemed a public nuisance if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property on which the dog is situated or when the dog is teased or provoked. Section 7. POISONING OF ANIMALS: !t shall be unlawful for anyone to place upon the ground or in any other place, any poison, bait or other material intended to harm a dog. Section 8. IMPOUNDING: � i i A. Unidenti#ied dogs, stray dogs and dogs found at large shall, except as provided in Subdivision B below, be taken by the Anima! Control Authority of the Township and impounded in a shelter designated by the Township and there confined in a humane manner for a period of not less than 5 wo�king days and may thereafter be disposed of as provided in this Ordinance. � B. When a dog is found running at {arge and its ownership is known to the � Animal Control Authority, such dog need not be impounded, but the Animal Control Authority may at his or her discretion return the dog to its owner and charge the owner or keeper with a violation of this Ordinance. � � �� 3 I C. Immediately upon impounding a dog, the Animal Control Authority shall make a reasonable effort to notify the owner of the dog so impounded and inform the owner of the conditions whereby he or she may regain custody. Section 9. RECORDS: The animal shelter shall keep proper records of the impoundment and disposition of all animals coming into its custody. Section 10. REDEMPTION: Any dog may be redeemed by the owner after being impounded within five (5) working days after seizure of the dog upon payment of an impounding fee of$75.00 to the Clerk, or to such agent as the Town Board may designate plus the amount then being charged by the Animal Shelter for daily board. Section 11. DISPOSITION OF UNCLAIMED DOGS. A. Any dog which is not claimed within five (5) working days after impounding shall become the property of the Township and if not requested by a licensed educational or scientific institution under Minnesota Statutes 35.71, may be sold or painlessly killed. The Township's ownership interesf in unclaimed dogs may be transferred to the Animal Control Authority by contract. B. If a dog is diseased, vicious, dangerous, rabid or exposed to rabies and the dog cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the persons attempting to impound the dog, the dog may be immediately killed. Section 12. RABIES CONTROL: Minnesota health laws and regulations are hereby adopted by reference to govern the possession, testing and disposition of rabid animals or animals suspected of being rabid. , Section 13. INVESTIGATIDN: ! , A. For the purpose of discharging the duties imposed by this Ordinance and to enforce its provisions, the Animal Control Authority is empowered to enter upon any premises upon wliich a dog is kept or harbored and demand exhibition by the owner of the identification tag and rabies tag of the dog. � B. The Animal Control Authority of the Township may enter the premises where � any animal is kept in a reportedly cruel or inhumane manner and demand to � examine such animaL � C. No person shall interFere with, hinder or obstruct the Animal Control Authority - in the performance of any duty of such person under this Ordinance or seek � �� 4 ' � to release any animal in the custody of the Town Board or the Animal Control Authority except as herein provided. Section 14. REGULATION OF DANGEROUS DOGS: A. Requirement: No person may own a dangerous dog unless the dog is registered as provided in this section. B. Registration: The Animal Contro! Authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (a) a proper enclosure exists for the dangerous dog and there is posted on the premises a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property; (b) a su�ety bond issued by a surety company authorized to conduct ; business in this state in a form acceptable to the Animal Control Authority in the sum of a# 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 this state ' in the amount of at least $50,000.00, insuring the owner for any personal injuries inflicted by the dangerous dog; (c) the owner has paid an annual fee of not more than $500.00, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (d) the owner has had microchip identification implanted in the dangerous dog as required in Section C below. C. MICROCHIP IDENTIFICATION: The owner of a dangerous or potentially � dangerous dog must have a microchip implanted in the dog for identification, i 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. Once implanted, no one, except a licensed veterinarian, shall remove a microchip from a dangerous dog. All costs related to the purchase � and implantation of the microchip must be borne by the dog's owner. � � E. DANGEROUS DOGS; ADDITIONAL REQUIREMENTS: � � (a) An owner of a dangerous dog shall keep the dog, while on the a owner's property, in a proper enclosure. If the dog is outside the , proper enclosure, the dog must be muzzled and restrained by a ' � /-� 5 substantial chain or leash and 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. (b) An 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 jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. � (c) An owner of a dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the Animal Control Authority, execute an afrtdavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to , whom the dog has been transferred. (d) The Animal Control Authority may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the Animal Control Authority may have the anirnal sterilized at the owner's expense. (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that that person owns a dangerous dog that will reside at the property. ; (fl A person who sells a dangerous dog must notify the purchaser that the Animal Control A'uthority has identified the dog as 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. � F. CONFISCATION: I (a) Seizure: � (1) The Animal Control Authority shall immediately seize any � dangerous dog if: ' (i) 14 days after the owner has notice that the dog is � dangerous, the dog is not validly registered pursuant to � Sections 14A and B herein; � � /� 6 (ii) 14 days after the owner has notice that the dog is dangerous, the owner does not secure the property liability insurance or surety coverage required by Section 14B herein; (iii) the dog is nat maintained in the proper enclosure; or (iv) the dog is outside its proper enclosure and not under the physical restraint of a responsible person as required by Section 14E herein. (2) lf an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. ' (b) Reclaimed: A dangerous dog seized under this Section may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Authority that the requirements of this Section will be met. A dog not reclaimed under this Subdivision within seven days may be disposed of as provided in Minn. Stat. §35.71, Subd. 3, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. (c} Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of this secfion and the person is chacged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and t�e owner sl�all pay the cost of confining and destroying the animal. If � the person is not convicted of the crime for which the dog was seized, ' the owner may reclaim the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If the dog is i not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be � disposed of as provided in Minn. Stat. §35.71, Subd. 3, and the owner ' is liable to the Animal Control Authority for the costs incurred in � confining, impounding, and disposing of the dog. Section 15. BITE CASES: It shall be the duty of every physician to report to the Animal � Control Authority the names and addresses of persons treated for bites /� � inflicted by animals within the Township, together with such other information as will aid in rabies control. Section 16. EXEMPTIONS TO THIS ORDINANCE: A. Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter except where duties are expressly stated to apply to them. B. The definition of"dangerous dog" and "biting dog" shall not apply to a dog under the control of or on duty with a law enforcement officer or to an attack by a dog upon an uninvited intruder who has entered any structure with criminal intent. C. The dog identification requirements of this Ordinance shall not apply to any dog belonging to a nonresident of the Township and kept within the Township for not longer than 30 days provided that all such d4gs, shall, at all times while within the Township, be kept under restraint. Section 17. PENALTIES: Any person who shall violate sections 2 or 3 of this Ordinance shall be guilty of a petty misdemeanor. Each day that a person shall own, harbor, keep or have custody of a dog over six months of age within this Township without an identification tag and rabies tag shall be considered a separate violation. Any pe.rson who shall violate any of the terms and provisions of Sections 4, 5, 6, 7, 14 and 15 of this Ordinance shafl be guilty of a misdemeanor. In addition, after a finding of a court of proper jurisdiction that a dog is a public nuisance as defined in Section 6, the Court may order that the dog be destroyed or that the owner or custodian remove it from the Township or keep it confined in a designated place. Section 18. REPEALER: Ordinances numbered 31 and 47 are hereby repealed in their entirety. ; , Section 19. EFFECTIVE DATE: This ordinance shall take effect and be in force from ; and after its passage and publication. 1 { Adopted by the Town board of New Scandia Township this 2 S`d o May, 2002 - � � , �' j %Dennis D. See eldt, Chairman ` ATTEST: �% ��� �t�c.. � Dolores Peterson, Clerk � 6 s . . . . Humane Society for Companion Animals Mr. Deiulis Seefeldt P.O. Box 128 Scandia, MN 55073 January 6, 2004 Dear Mr. Seefeldt, We were recently contacted about a decision made by the Scandia city counsel that would discontinue impoundment services and payment to the Humane Society for Companion Animals (HSCA) for stray felines. After consideration of tllis change the HSCA has decided, if this is a final decision, it will need discontinue impoundment services for the city of Scandia. There are two issues that are of concern to the HSCA related to impounding of only canines. When providing impoundment services the shelter becomes known throughout the coinmunity as the place to take stray animals. City residents will expect that if we impound stray canines we will also impound stray felines. If we agree to provide impoundment services for dogs only, as requested, the shelter will be in the difficult position of telling Scandia residents we cannot take stray cats. Additionally we will not be able to refer them anywhere because the city has not provided services for those aniinals. For a donor supported non-profit organization placing ourselves in this position could very well jeopardize our financial support. Accepting the stray felines is equally problematic for the HSCA. The shelter would still be required by state statue to hold those felines regardless of whether or not Scandia chooses to pay for impoundment. This would in effect result in the HSCA subsidizing Scandia's animal control program, something the shelter is tinancially not able to do. To continue to provide impoundment services for canines only we place ourselves in the position of choosing to subsidize a city animal control program or risking the loss of financial support by our donors. This would not be a good choice for the shelter or the thousands of animals that need our help each year. We endeavor to provide high quality services to the communities and animals that use our services. The HSCA would be happy to continue providing impoundment services for Scandia if the city chooses to include felines in its scope of animal control services. If this is not possible we will need to discontinue our relationship as a provider of impoundment services for stray or abandoned animals. Saint Paul location 1115 Beulah Lane Saint Paul MN 55108 shelter 651.645.7387 office 651.646.6821 fax 651.646.1420 Woodbury location 9785 Hudson Road Woodbury MN 55125 phone 651.730.6008 fax 651.730.6301 website www.hsca.net �� . . � � � � � � � � : • � ' Thank you for your time and consideration of this situation. I hope we are able to reach a resolution tl�at best meets the needs of the animals, the community and the city. I look forward to hearing from you and hope that we will continue to work together. If the city is not able to continue to pay for feline impoundment services I would appreciate receiving referral information so that shelter staff can provide Scandia residents seeking a lost pet accurate information about where to look. I can be reached by phone Monday, Wednesday, and Friday at 65 l-646-6821 x 107 or Tuesday, Thursday at 651-730-6008 x 22. Sincerel_X� � �= , } Bar$a . ennrich Director of Operations �� �ECEIVED ���Y � �� 7C�(i� CITY OF SCANUTA Dear City Administrator: Animal Humane Society staff has been recently told that your municipality is refusing to grant permission to impound non-canine stray animals. I'm sorry, but we are not willing to continue to provide impounding services to municipalities that do not allow for services for cats/kittens and other-domestics. We believe that these animals have value and that municipalities have an obligation to provide animal control services for all domesticated species. Please notify your animal control or community service officers that services are to be provided for these animals and/or permission is to be granted when notified that a non-canine stray has h�sr, br�ught to the A!�iS tiy a citizen tvho feund it in yo�!rjurisdiction. If you have questions or concerns or are no longer interested in contracting with AHS to provide impounding services, please contact me right away. I do want to work with you as much as I am able. I can be reached Monday through Friday at(651) 788-4675 or(651)402-8821 (cell), or at sarvidsonCa�animalhumanesocietv.orq. Thank you, c!���-�� 11 � �'lG���'�, ') Stacy Arvidson Site Manager-Woodbury location �y r� . ������/�� � animal humane society �(;� � �� Zp�� CITY OF SCANDIA Dear City Administrator: Animal Humane Society staff has been recently told that your municipality is refusing to grant permission to impound non-canine stray animals. I'm sorry, but we are not willing to continue to provide impounding services to municipalities that do not allow for services for cats/kittens and other-domestics. We believe that these animals have value and that municipalities have an obligation to provide animal control services for all domesticated species. Please notify your animai control or community service officers that services are to be provided for tnese animals and/c�pzriris�ion is to bz granted w�en notifiied that a non-canine stray has been brought to the AHS by a citizen who found it in your jurisdiction. If you have questions or concerns or are no longer interested in contracting with AHS to provide impounding services, please contact me right away. I do want to work with you as much as I am able. I can be reached Monday through Friday at(651) 788-4675 or(651)402-8821 (cell), or at sarvidson(a�animalhumanesocietv.org. Thank you, �'�� ��-- � Stacy Anridson Site Manager-Woodbury location u:. - �I,,..f f.�\ �•� �� P; Buffalo �� Coon Rapids � Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 www.animalhumanesociety.org r,. �` — ----�--- - �������� � animal humane society NC1�� �j !1 ?(l�J�i � �` CITY OF SCAf�!DIA November 3, 2008 Anne Hurlburt City Administrator City of Scandia P.O. Box 128 Scandia, MN 55073 Dear Ms. Hurlburt, Thank you for your quick response to our concerns regarding impound services for cats and kittens. After speaking with Brenda Eklund on 11/3/08, I understand that the city of Scandia will not wish to continue impounding stray animals at the Animal Humane Society (AHS) due to our requirement for contracted municipalities to provide services for all domesticated species. Our current contract requires 30 days notice before termination of impound services. I understand that the city of Scandia may need more time to find an alternative impound facility so I would like to offer to continue to the current contract through the end of the 2008 calendar year. If you require more time,please contact me and I'm sure that we can work out a temporary arrangement together. This letter serves to confirm that the animal impound services contract between Scandia and the Animal Humane Society will end as of 1/1/2009. If you have further questions, please feel free to contact me at (651) 788-4675. Sincerely, �1 � l_;� � - � � Stacy Arvidson Site Manager, Animal Humane Society Woodbury location cc: Sherrill Reid, Animal Control Officer � , C�'1 Buffalo t Coon Rapids ^ Golden Valley * St. Paut £ Woodbury Telephone 763 522 4325 www.animalhumanesociety.org ANIMAL CONTROL CONTRACT This Agreement, made effective the first day of January, 2009, by and between Animal Control Services, hereinafter referred to as "ACS," and the City of Scandia, a municipal corporation, located in the County of Washington, State of Minnesota, hereinafter referred to as the "City". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: l. This agreement will continue in effect until December 31, 2009, unless terminated as provided herein. 2. ACS will provide services on a call out/as needed basis, in a vehicle suitable for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. The vehicle shall have proper identification displayed at all times. ACS shall maintain and insure such vehicles at all times. In addition to patrol hours, ACS agrees to maintain at least one vehicle for standby service to attend to cases outside regular patrol hours at the specific request of a law enforcement agency as approved by the City. 3. ACS shall provide competent personnel, trained in the handling of animals, in proper uniform and identification including employee's first name and/or employee number. 4. The City authorizes ACS to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances related to animals. ACS will not take action on private properiy contrary to the expressed wishes of the owner of said property, nor forcibly take an animal from any person, without the instruction, approval and assistance of a duly licensed Minnesota Peace Officer with current jurisdiction that includes the private property where the animal is located. 5. ACS shall impound and board animals as directed by written order of an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States agency with jurisdiction. 6. Impounded animals shall be kept at Hillcrest Animal Hospital, 1320 County Road D Cir Maplewood, MN 55109, (651) 484-7211, and shall be kept in a suitable, humane manner for a period required by the City Ordinance. ACS may temporarily board at an emergency facility if access and/or treatment is not immediately available at Hillcrest Animal Hospital. 7. If an animal is unclaimed, the City will pay ACS the charges as agreed to on Exhibit A to this Agreement within thiriy days of the Statement Date. 8. Before an animal is released to its owner, ACS or its agent shall collect the charges specified on Exhibit A to this Agreement. �Z 9. In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicable redemption or quarantine period, or six (6) days, whichever is longer, they shall become the propei-ty of ACS and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of ACS, including any proceeds received from any animals disposed of in accordance with Minnesota Statutes 35.71. 10. The City shall furnish to ACS any required fonns or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and property damage, including injury to animals caused by its employees. ACS shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $500,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C. insurance in the amount of$250,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS shall comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate this contract after thirty (30) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit A herein. 17. ACS shall be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $2.50 per gallon or higher. 2 a.� Richard L. Ruzicka Animal Control Services City of Scandia By: Its: 3 � 7 ANIMAL CONTROL CONTRACT EXHIBIT ONE CALL OUT $90 8:00 A.M. to 5:00 P.M. (Mon-Fri except holidays) $99 5:00 P.M. to 10:00 P.M. (Mon-Fri except holidays) $99 10:00 P.M. to 8:00 A.M. (Mon-Fri except holidays) $99 10:00 P.M. Friday- 8:00 A.M. Monday& holidays The Call Out rates are a flat fee, determined by the time the request is received by ACS. ANIMAL—OWNER CHARGES - CLAIMED $42.00 Administrative Handling Fee $18.00 Daily Boarding Fee Statutory Veterinary Services (at cost) ANIMAL—CITY CHARGES - UNCLAIMED $25.00 Animal Surrender Fee $17.00 Daily Boarding Fee $58.00 Euthanasia and Disposition Statutory Veterinary Services(at cost) Charges herein do not include any applicable sales taxes. Daily Boarding Fees are charged for all or any portion of a calendar day an animal is boarded. Notices pursuant to this contract shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: Mr. Richard L. Ruzicka Animal Control Services 6400 Colfax Avenue North Brooklyn Center, MN 55430 , As: City of Scandia Alternatively, notices required by this contract may be personally delivered to the persons named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail. 12/08 4 a�' � ° � � . Brenda Eklund From: Jennifer Bouthilet [drbouthilet@hilicrestanimalhosp.com] Sent: Sunday, December 14, 2008 9:05 PM To: b.eklund@ci.scandia.mn.us Subject: Impound Boarding Dear Brenda, Here is the proposal for impound charges. If you have any questions, please feel free to call me or email me for clarification. 1. Each city generally determines their own impound fee. If the animal is claimed, it is up to the city how the impound fee is handled. Some cities want a separate check from the resident. Some would rather have us collect it and then deduct that amount from the city's bill. 2. Impound fee per day for the city is$16.00 for unclaimed animals. If the animal is claimed,the resident pays $19.00 per day boarding. Each city determines the length of impound time. Most common is five business days. 3. All animals that are euthanized or are DOA are cremated. (Long gone are the days when the animals were taken to the landfill or rendered). Euthanasia is$20. Cremation is$50. 4. None of us wish to euthanize more animals than absolutely necessary. In order to place as many animals as possible, I have a staff person dedicated to working with various rescue groups in order to find adoptive homes. Therefore,there is a $40'disposal'fee for each impounded animal that is not claimed but then goes to rescue instead of being euthanized. This allows us to cover the costs of arranging adoptions but also saves the city some expense, because the animal is then not euthanized and cremated. 5. If an animal needs medical care and is brought in during office hours,first aid/stabilization is provided (including pain medication). Each city determines the maximum initial amount. A common figure is$100. If the animal needs medical attention and is picked up outside of office hours, it should be brought to an emergency clinic. 6. Administrative fee is$5.00 per animal. Again, please let me know if you have any questions. Sincerely, Jennifer Bouthilet DVM Hillcrest Animal Hospital 651-484-7211 1 ��