Loading...
HomeMy WebLinkAbout2004-12 06-24 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 24 day of June 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to or affirmed before me on this 24th day of Notary Public June 2004. G4 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 0 3 2) Maximum rate allowed by law Rate actually charged newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 620 per line 1.40 per line AN'S AOOS ,AS enul, ,ysbalurdT\taoq•nue nybloo'iO 26A Brooklyn Center, Brooklyn Park Sun-Post/Thursday, June 24, 2004 Adopted this day of 2004. ATTEST: Mayor City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) (June 24, 2004) pliTaxicab/m.rosenbaum City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice of Ordinance Adoption ORDINANCE N0.2004-12 AN ORDINANCE RELATING TO THE REGULA- TION OF DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY; AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Chapter 1 is amended by adding new Sections 1 -250 through 1 -280 as follows: Section 1 -250. DEFINITIONS. For the purposes of Secti 1 •_e A• rm: ■•A. Section shall have the meaning given them. Terms not de- fined in this Section shrill have the meaning given them in Section 1 -101 of this Code 1 Dangerous doe, Dangerous doe means any dog that a without provocation. inflicted substantial bodily harm on a human being on Du bhG or P urop trial b killed a domestic animal without Provocation while off the owner's property: or the owner has notice that the doe is potentially dangerous. the dog aggressively bites. attacks. or end:.gers the safety of humans or domestic ani- mals: or d, been determined to be a dangerous doe by the City or any other governmental jurisdiction, 2, Potentially dangerous dog. Potentially dangerous dog means any dog that r 1_?_a •i on hum ,rdo- mestic animal on public or private prone 3 b„ when unprovoked. chases or approaches a person inclu. in. r: on sidewalks. or any public or private property. other than the dog owner's property. in an apparent at- titude of attack• c. has a known propensity. tendency. or disposition to attack unprovoked. causing injury or otherwise threatening the safety-of humans or domestic an- imals: or d. been determined to be a potentially dangerous dog by the City or any other governmental jurisdic- tion. 1c u 3. Proper Enclosure. Proper enclosure means securely confined indoors or in a securely enclosed and locked nen or structure suitable to prevent the animal from escaping and r•vi in r•tection from th 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 vo- lition. or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the doe from exiting. 4, Owner. Owner means any person. firm, corporation or- ganization or department possessing, harboring, ke in r vin :r• or control of a dog 5. Great bodily harm. Great bodily harm means bo ilv iniury which creates a high probability of death. or which causes serious permanent disfigurement, or which ca s o c d r im- pairment of the function of any bodily member or organ or other serious bodily harm. Substantial bodi h: m. Substantial bodily harm me: s bodily iniury which invokes a temporary but substantial dis client. or which causes a tempo- rary but substantial loss or impairment of the function of any bodily member or organ. or which causes a frac- ture of any bodily member Section 1 -255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS, L Notice to Owner. If the animal control officer deter- and the dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2). the animal control officer will serve a notice of intent on the o er of the dog to de- clare the doe potentially dangerous or daneerous Such notice shall inform the owner of this designation the basis for the designation. the procedures for con- testing the designation as described in Section 1 -255 (2) and the result of the failure to contest the des- ignation as described in Section 1 -255 (2)(b). Ugog.r__ i• m•1 with the requirements of Section 1 -270.1 and contin- ue to comply with such requirements until the doe is dead or removed from the City. or the City has deter- mined that the dog is not dangerous or potentially dan- gerous. -The owner shall be informed of this require- ment in the notice of intent. n 2. Contesting Declaration of Daneerous or Potentially Dangerous Dogs _0111" a n that a hearing be conducted to determine whether or not such a designation is justified. Such request must he made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent b If the owner fails to contest the notice of intent with- declare. on of the dog as potentially den- x 0 1y. then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely de- stroyed or removed from the City limits. 3. Hearin e. With e da s after rec ivin the owner's request for a hearing, the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within for y -five days. The hearing will be conducted by the Animal Control Re- view Panel. which will consist of three members. as ap- pointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or poten- tially dangerous. The Panel must inform the owner of eci:io•' •m.: th its decision, 4. i c .£F' •ins ••1 attrer- isa sufficient basis to declare the dog potentially danger- ous or dangerous. the owner must immediately com- ply 'th all applicable requirements of this Ordinance or immediately cause the dog to be humanely de- v d t 5. Appeal. If the owner of the dog disputes the decision of the Panel. the owner may appeal the decision of the Panel to the City Council. An appeal to the City Coun- cil must be in writing and submitte to the City Man- ager within 14 days of the Panel's decision. The owner may appeal the decision of the Ci y Council in accor- w Section 1 -260. REVIEW OF DECLARATION. Begin- ning six months after a dog is declared a potentially dan- gerous or dangerous dog. an owner may reauest annually that the Animal Control Officer review the designation. The owner mus _provide evidence that the dog's behavior has changed due to the dog's age neutering environment, completion of obedience training that includes modifica- ti •v h vi f: f the imal Control Officer find's sufficient evidence that the dog's be- havior has changed. the potentially dangerous or danger o g :'gnation rosy he_rearinded. Section 1 -265. REGISTRATION, 1, Requirement. No person may own a potentially dan- r o A do registered as Provided in this Section 2, Certificate of Registration. The City Manager will issue a certificate of registration to the owner of e potentially dangerous or dangerous doe if the owner presents sufficient evidence that: 3. Warning Sign. If the City issues a certificate of regis- tration to the owner of a potentially dangerous dog or dan•erous •er Section -26 21 th C't will provide. for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its adminis- trative costs am th c.s of t ne w rnin •ol. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. 5 Tag, A potentially d gerous or dangerous dog regis- tered under this Section must have a tae. issued by the City identifying the dog as potentially dangerous or dangerous. This tag must be affixed to the dog's collar and worn by the dog t all times 5. Exemption. Dogs may not be declared potentially dan- gerous or dangerous if the threat. iniury or damage was sustained by person: g, who was committing at the time. a willful trespass or other tort upon the premises occupied by the owner of the doe; b who was provoking. tormenting. abusing. or as- saulting the dog or who can be shown to have re- peatedly. in the past. provoked. tormented, r •r :t -r c w1• w_ crime, Z Law Enforcement Exemption. The provisions of this 8 et rot ea 1a'. e„ officials for police work, Section 1 -270. POTENTIALLY DANGEROUS AND DANGEROUS DO ADDITIONAL REQUIREMENTS. L Enclosure. An owner of a potentially dangerous or dangerous doe shall keep the dog. while on the owner's property. in a P :per enclosure. If the dog is outside the Droner enclosure. the dog must be muzzled and re- strained by a substantial chain or leash and under the physical restraint of a responsible person. The muz- zle must be made in a manner that will Prevent the •.s ti., •r: but rf 2. -0 ce a groper enclosure exists for the dog and all ac- cesses to the premises are posted with clearly vis- ible warning signs issued or approved by the Ani- mal Control Officer. that there is a potentially dangerous or dangerous dog on the property; b, in the case of a daneerous dog only a surety bond to be held by the City Clerk has been issued by a y •.f ..4 1111 and the City Attorney in the sum of at least $50.000. payable to any person injured by the dan- gerous doe, or a policy of liability insurance has been issued by an insurance company authorized c tein r •.unt,f at least $50 000. insuring the owner for any per- sonal iniuries inflicted by the dangerous dog; c. the owner has paid the annual registration fee as provided for in this Section; and d. the owner has had microchip identification im- planted in the dangerous dog or potentially dan- gerous dog as required under Minn. Stat. k 347.515. abused. or as saulted the dag: or respiration. ra:_. Z.• gerous or 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 regis- tered as a potentially dangerous or dangerous dog in its new jurisdiction. Death or Transfer. An owner of a potentially danger- ous or daneeroua dog must notify the Animal Control Officer in writing of the death of the doe or its trans- fer. and must. if requested bv the Animal Control Of- ficer. execute an affidavit under oath setting forth ei- ther the circumstances of the dog's death and disposi- tion or the complete name. address. and telephone f an (erred, Sterilization, The Animal Control Officer may require a .x• x 1._ r, •t.. at the owner's expense. If the owner does not have the animal sterilized the Animal Control Officer may have LEGAL NOTICES fo n or al steriliz- a the owner'- ense. Th wn r may contest and appeal a decision by the Animal Con- trol Officer req uirin g a doe to be sterilized in accordance with the procedures set forth in Section 1 -255. 5. Rental Property. Aperson who owns a potentially dan- gerous or dangerous dog and who rents property from er wher he do id i clo e to t property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous doe that will reside at the property. 5. 1 -265 (2) (b); ells a Section 1 -275. SEIZURE. s 1 t to in th d s .r dangerous doe must notify the purchaser that the An- on Officer h_;',••tifi•• th- .s ..ter tially dangerous or dangerous. The seller must also no- Animal •n r•1 Offi w' h th n name. address. and telephone number. o• 's 1. Immediate Seizure The Animal Control Officer or ffic r m immediar size f er•_ al g, within 14 days after the owner has notice that the dog is potentially dangerous or dangerous. the dog is not registered as required under Section 1 -265• b in the case of a dangerous doe, within 14 days after the owner has notice that the dog is dangerous. the owner does not secure the proper liability insur- c ti co r••uire •der Sect' ,c closure- e r iL the dos is outside the proper enclosure and not under physical restraint of responsible_person: or e After the owner has been notified that the dog is potentially dangerous or dangerous. the dog bites or attacks a person or domestic animal 2, Reclaimed. A potentially (I: gerous or dangerous dog seized under Section 1 -275 (1) may be reclaimed by the owner of the doe upon pavment of .pounding and boarding fees. and presenting proof to the Animal Con trol Officer that the requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven d ys of seizure may be disposed of as provided in Minn. Stat. ti 35.71. subdivision 3. The owner is li- able to the City for costs incurred in confining and dis- posing of the dog. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 2. -2 r L. a2 sequent violation relating to the same dog. the Animal Control Officer may seize the doe. if the owner is con- of -r.- fo w w •iz City may destroy the doe in a proper and humane w• fo _i.• t col 111 W cost of confining and destroying the animal. If the Per m). is not convicted of the crime for which the dog was seized. the owner may reclaim the doe upon payment to the City of a fee for the care and boarding of the dog. If the doe is not reclaimed by the owner within seven days after the owner has been notified that the dog a -rec1 ed••ma be dis..s-d.f vided under Minn. Stat. 35.71. subdivision 3. The owner is liable to Ci for c sts incu r in c n- fining, impounding and disposing of the dog. Section 1 -280. DESTRUCTION OF DOG IN CER- TAIN CIRCUMSTANCES. Notwithstanding Section 1 -265 to 1 -275, a dog that in- flicts substantial or great bodily harm on a human being on public or private Property without provocation may be destroyed in a proper and humane manner by the Animal Control Officer. The dog may not he destroyed until the dog owner has had the opportunity for a hearing and appeal as described in Section 1 -255 except as authorized under Section 1 -115. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of June, 2004 Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: June 24, 2004 Effective Date: July 24, 2004 (Brackets indicate matter to be deleted underline indi- cates new matter.) (June 24, 2004)Pl/ord 2004- 12dogs/m.rosenbaum