CR 94-174 Exemption Section 940
September 15, 1994 ~ Council Report 94-174
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EXEMPTION TO SECTION 940 OF THE HOPKINS CITY CODE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve an exemption for Mr. Dale Woicik from Section 940 of the Hopkins City Code.
Adoption of this motion will allow Mr. Wojcik to keep a non-domesticated animal, his pet monkey.
Overview
In September the police received a report that a monkey had bitten a mail carrier. The monkey
was impounded and the owner, Dale Wojcik, was informed that having the monkey as a pet was in
violation of Section 940 of the Hopkins City Code. This section was adopted in 1991 to prohibit
keeping non-domesticated animals as pets.
There are several exceptions and exemptions to this ordinance. Section 940.04, Subd. 4 states
that "Handicapped persons keeping monkeys trained as household helpers are exempt. ,. I have
. received information that Mr. Wojcik suffers from chronic depression and that having the monkey
helps Mr. Wojcik deal with his depression. Mr. Wojcik has provided the City with a letter attesting
to his condition.
I recommend that Mr. Wojcik be granted an exemption to Section 940 provided that the monkey
remains indoors and is never involved in another biting incident. Failure to abide by these
conditions would require removing the monkey from Hopkins. I have spoken with the police
department and they concur with this recommendation.
Primary Issues to Consider
. Does the monkey present a danger to the public?
. Does the City assume any liability for allowing the monkey to remain in Hopkins?
Supportina Information
. Letter from Dr. Eric Goad
.
Counci I Report #94-174
. Page 2
Analysis of the Issues
. Does the monkey present a danger to the public?
Mr. Wojcik has had the monkey for some time. It has never caused a problem before. Mr. Wojcik
was carrying items to and from his house on the day of the incident and had propped open the
door. This allowed the monkey to bite the mail carrier. Staff does not feel that the monkey is a
danger to the community.
. Does the City assume any liability for allowing the monkey to remain in Hopkins?
Staff has requested that the City Attorney provide an opinion on this. The City Attorney may
require certain conditions for the exemption.
Alternatives
1. Grant an exemption to Mr. Wojcik based upon there being no further incidents involving the
monkey. This will allow him to keep the monkey.
. 2. Do not grant an exemption to Mr. Wojcik, This will require him to either get rid of the
monkey or move out of Hopkins.
Staff recommends Alternative #1.
.
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Behavioral
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September 2, 1994 "'-,llll ~. ; ~,<'J
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Mr. Jim Genellie
Assistant city Manager, Hopkins
Hopkins, MN
Re: Dale Wojcik (DOB: 12/12/65)
Dear Mr. Genellie:
Mr. Wojcik is being treated for chronic depression. He is
feeling increasingly more depressed with suicidal ideation since
the recent incident with his pet monkey. He is very attached to
this animal, and it would be in his best interest if something
could worked out between him and the city of Hopkins so that he
could keep the animal as his personal pet while assuring the
safety of others may corne in contact with it.
.
M.D.
BEHAVIORAL SYSTEMS
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