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HomeMy WebLinkAbout2004-15 06-24 APSTATE OF MINNESOTA) Subscribed and sworn to or affirmed before me on this 24th day of June 2004. Notary Public (3) Rate actually charged ss. abcdefghijklmnopqrstuvwxyz newspapers AFFIDAVIT OF PUBLICATION 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: (1) Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law RATE INFORMATION 2.85 per line 6.20 per line 1.40 per line city of Brooklyn Center Section 5. The Brooklyn Center City Code is amended by adding a new Section 23-707: (Official Publication) CITY or BROOELYN CENTER Section 23-707. DISQTIAt.tripATIONS, Notice is hereby given that a public hearing will be held on A, Except as allowed under Minnesota Statutes. Chapter the 12th day of July," 2004, at 7:00 p.m. at City Hall, 6 Shingle Creek Parkway, to consider an ordinance relating to the licensing of taxicabs, Auxiliary aids for handicapped persons are available upon request at least 96 hours in ad- vance. Please notift,the Deputy City Clerk at 763-569- 3300 to make arrangements, ORDINANCE NO. AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702, 23-703, AND 23-704 AND ADDING NEW SECTIONS 23-706, 23-707, 23- 708, 23-709, 23-710, 23-711 AND 23-712 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23-702 is amended as follows: Section 23-702, TAXICAB LICENSE REQUIRED. a. No person shall operate or permit a taxicab owned or controlled by that person to be operated la taxicab] within the City of Brooklyn Center without [display- ing a valid taxicab permit decal duly issued by the Metropolitan Airports Commission and without com- plying with the requirements of said issuing authori ty (and providing proof thereof) regarding driver qual- ifications, insurance, vehicle safety, and vehicle in- spections] haAilaralabtailie-ddi thity covering both the driver and the taxicab. c.. t I a operators participating in the Sober Cab pro- gram. This exception applies when the follow- ing conditions are met: L The taxicab is picking up the customer at an o it The on-sale liquor establishment placed the call for service to the taxicab: and 5 Tie fee f establishment. by a third party as part of City or area wide sober cab promotion. or the sevice is provided voluntarily by the taxicab owner or operator. Section 2. Brooklyn Center City Code Section 23-703 is amended as follows: Section 23-703. [TAXICAB DRIVER'S LICENSE RE- QUIRED.] LICENSE APPLICATION, [No person shall drive a taxicab within the City of Brooklyn Center without possessing a valid taxicab dri- ver's license duly issued by the Metropolitan Airports Commission.] 1,. Arizulidication for a taxicab license must be filed with the City Manager's designee nn a form prepared by the City. The applicant must completely answer all ques- tions and provide all information required on the ap- plication form. An application by a business organi- zation may cover more than one taxicab and more than one driver, Before a licensee may use a new vehicle or a new dri- ver. the licensee must file a new or revised license ap- plication with alt of the information required of vehi- cles and drivers in an original anplication. c.. The City may conduct any and all necessary investi- gationa to verify the information on the application. in- cluding a criminal history and driver's license history inquiry on the applicant or any driver. License renewaliipO must include all of th e Section 3. Brooklyn Center City Code Section 23-704 is amended as follows Section 23-704, !DESIGNATION] VEHICLE RE- QT TIRP,MENTS, [Each taxicab required to'be licensed by this Section shall bear signs identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible from each side of the vehicle.) 11,. Prior to operation in the City. each taxicab must meet the following requirements: marked to clearly identify the name of the busi- ness or company. the business or comn .3 tele- phone number„tbe cab number and rates. The de- 9a a ag I ag a• :sty Manager's designee, 2. De equipped with an accurate. operating metes, and an operating radio or telephone: and 3_, Hay_epassed an inspection at a qualified service Station or garage that employs a master ASE (Au- tomotive Service Excellence) 'finhnician The City reserves the right to examine and inspect taxicabs Plity 4, Be clean painted and free from rusted metal and substantial body damage. The vehicle most have no loose hanging metal. body molding or chrome no ers. bumpers. doors. door handles and )ights. all of Which must be inzood working order. b. Each licensed taxicab must be inspected annually or as otherwise reouired by the City. Section 4. The Brooklyn Center City Code is amended by adding a new Section 23-706: Section 23-706 LICENSEE MINIMUM REQUIRE- MENTS. A.(11J? Ais`l r I1OC,ll1 .191.990 ryblocird I Park Sun•Post/Thursday, June 24, 2004 25A n An_applicant for a taxicab license must: 1. Be the owner or lessee of the vehicle or vehicles for which a license is requested; 2. If an individual. be at least 18 years of age. and if a corporation or association. he properly chartered or authorised to do business as such under state law: and b. All drivers must have a valid State of Minnesota dri- ver's license. 364 the taining a taxicab license or from driving or opera- ins a taxicab: L Persons convicted of a violation of Minnesota Statutes 58 609. to 609.2 (murder. criminal vehicular homicide and injury): 2. Persons convicted of a violation of Minnesota Rtatutes 88 609 221 to 609 223 (assault in the first, second or third degree): 3. Persons convicted of a violation of Minnesota Statutes 88 609.342 to 609.3451 (criminal sexual conduct): following persons are disunalifipd from oh- A, Persons convicted of a violation of 617.23. Subdivi pions 2 or 3 (felony or gross misdemeanor indecent 5. Persons convicted of any provision of Minnesota Statutes. Chapter 152 (controlled substances) that is punishable by a maximum sentence of 15 years of_more'. *-r w to v vi. Lz A. 9. 5. t P f u Statutes. Chapter 169 or 169A involving driving under the influence leaving the scene of an acci- dent or reckless or careless driving; L Persons who have been adjudged legally incompe- tent by reason of mental illness. mental deficien- cy. or inebriety; 5. Persons who have been convicted of a crime of vi- olence or theft. a sex crime. or a crime involving 11 o r paragraphs (1 (2) (3). (4) or (5): and w 1 Application. nor to the license b. The ci y council may allow a person to be eligi- ble to drive a taxicab or issue a license to a per- son who has been convicted of driving under the Eqene_eOritChMejB191VIM the illegal use of th r treatment proeram that has been ap.ox?ye_d_b_v the City Manager's designee and the violation occurred five or more years prior to the appli- cation. Section 6. The Brooklyn Center City Code is amended by adding a new Section 23-708: Section 23-708, INSIJRANCE REQUIRED, The City will not issue a taxicab license until the ap- plicant has filed with the City Manager's designee an in- i i hinder. subject to approval as to form the City Attorney, that evidences that the owner of the taxicab is insured I e 1 It 1. 1 tunounts of $150.000 for a single injury or death in a sin- gle accident and at least $300 000 for more than one injury or death in a single accident and $25.000 for_property dam- age. The policy must contain a clause obligating the in- surer to give a 10-day written notice to the city for cancel- lation.- Section 7. The Brooklyn Center City Code is amended by adding a new Section 23-709: Section 23-709. BUSINESS RECORDS. a. The taxicab company. owner. or lessee of the vehicle must maintain order slips upon which are recorded all trips requested showing the time and place of origin he AI I 8 t• I. retained and preserved. in chronological order. in Rafe place for at least the calendar year Alt order slips must be available to the City, b. The taxicab company. owner. or lessee of the yebicle mast maintain current business records including, but not limited to information on all drivers and vehi- DP8S records must be made available for inspection by the City during reasonable buainess hours. Section 8. The Brooklyn Center City Code is amended by adding a new Section 23-710: Section 23-710. PROCEDT TRE AT CAB STANDS, al .a a 1 prospective nassengers to freely choose a taxicab. Drivers piny not refer or encourage a prospective passenger to a particular taxicab. Section 9. The Brooklyn Center City Code is amended by adding a new Section 23-711: Section 23-711. REVOCATION OF LICENSE, 1 ei I it il if the licensee has violated any provisions of this ordi- nance. or state or federal law. which violation. in the City tn. t I' the licensee to offer public transportation. Section 10. The Brooklyn Center City Code is amended by adding a new Section 23-712: Section 23-712. PENALTY, Any person. firm or corporation who violates any pro- vision of this Ordinance is. upon conviction. guilty of a mis- demeanor. The penalty that may he imposed for a misde- ineanor is a sentence of not more than 90 days or a fme of not more than $1.000. or both. Section 11. This ordinance shall become effective after adoption and upon thirty (30) days following its legal pub- lication. Legals continued on next page AVS AOOS ?S emit, ,yobeluriT\Jeoq•nu2 Aug nylik L 26A Brooklyn Center, Brooklyn Park Sun•P( 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) pl/faxicab/m.rosenbaum City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice of Ordinance Adoption ORDINANCE NO. 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 S r fin Section shall have the meaning given them. Terms not de- fined in this Section shall have the meaning given them in Section 1 -101 of this Code. L Dangerous doe. Dangerous dog means any dog that g, without provocation. inflicted substantial bodily harm on a human being on Public orprivate proo- )Z 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 endangers the safety of humans or domestic ani- mals: :or ih been determined to be a dangerous dog by the City or any other governmental jurisdiction. 2. Potentially dangerous dog. Potentially dangerous dog means any dog that: 3 when unprovoked. inflicts bites on a human or mestic animal on public or private Property; h, when unnrovoked. chases or approaches aperson 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 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 Sl, been determined to be a potentially dangerous dog by the City or any other governmental jurisdic- tion. 3. 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 or h •a i. or an art of a house •e 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 dog from exiting 2 ti.. ..r. 1. .r e Dangerous Dogs h on f ganization. or department Possessing. harboring keeping having an interest in. or having care. custody, or control of a dog. 5 Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death. or which causes serious permanent disfigurement or which causes a permanent or protracted loss or im- pairment of the function of any bodily member or organ or other serious bodily harm 5. Substantial bodily harm. Substantial bodily harm b substantial disfigurement. or which causes a temoo- rare but substantial loss or impairment of the function of any bodily member or organ. or which causes a frac- ture of any bodily member, s.. {v.. Section 1 -255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. J,, Notice to Owner. If the animal control officer deter pnines after an investigation that a doe is potentially dangerous or dangerous according to the criteria in .i serve a notice of intent on the owner of the dog to de- clare the dog potentially d• gerous or dangerous, Such notice shall inform the owner of this designation the basis for the designation. theprocedures for con testing the designation as described in Section 1 -255 2 t ignation as described in Section 1 -255 (2)(b). iloon re- ceipt of notice of intent. the dog owner must comply with the requirements of Section 1 -270.1 and contin- ue to comply with such requirements until the dog is dead or removed from the City. or the City has deter- mined that the dog is not dangerous or potentially dan- ed a. t .nt 1• :.n J: .ti: 0 under Section 1 -255 (1). the owner may request that a hearing be conducted to determine whether or not such a designation is iustified:'Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent 11 if the owner fails to contest the notice of intent with- in 14 days. the owner forfeits the right to a hearing and the declaration of the dog as potentially dan- gerous or dangerous is final. The Citv Manager will 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- sstzoved er removed from the City. limits. hitect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially danger- ous or dangerous the owner must immediately com- ply with all applicable requirements of this Ordinance or immediately cause the dog to be humanely de- stroyed or removed front the City limits. 5, Anneal. 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 submitted to the City Man- ager within 14 days of the Panel's decision. The owner may anneal the decision of the City Council in accor- dance with procedures under state law. Section 1 -260 REVIEW OF DECLARATION. Begin- :m:...i. •o i:. clan gerous or dangerous dog. an owner may request annually that the Animal Control Officer review 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 mo. ca- r. .f :•a ,•i..i• •r. i f.ctos If Control Officer find's sufficient evidence that the dog's be- havior has changed. the potentially dangerous or danger- ous designation may be rescinded. e Section 1 -265. REGISTRATION. L Se uirement. No person may own a potentially dan- in e e d registered asyrovided in this Section 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: t. 1 1 IL a. ceases 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 doe on the property in the case of a dangerous dog only. a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least 41. 1 ..n _.i to 3 Warning Sign. If the City issues a certificate of re pis, tration to the owner of a potentially dangerous dog or dangerous dog under Section 1 -265 (2). the City 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 and the costs of the warning symbol. 4 5. been issued by an insurance company authorized to co duct business in this state in the amount of at least 850 000. insuring the owner for any per- sonal injuries inflicted bv 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. 347.515 F•e. Th wi 1 e to .wrier an annual fee t. obtain a certificate of registration for a potentially dangerous or dangerous dog. Tag A potentially dangerous or dangerous dog regis- tered under this Section must have a tag. issued by the City, identifying the dog as potentially dangerous or s. yam" to do and worn by the dog at all times. Exemption. Dogs m y not be declared potentially dan- gerous or dangerous if the threat. injury or damage was sustained by a person: g, who was committing at the time, a willful trespass or other tort upon the premises occunied by the owner of the dog; h. a• O. w m strutting the dog or who can be shown to have re- peatedlv. in the past. provoked tormented abuse or assaulted th dog: or c who was committing or attempting to commit A saimg. 2, Law Enf.rcement Exemption The provisions of this Section do not apply to dogs used by law enforcement officials for police work Section 1 -270 POTENTIALLY DANGEROUS AN11 DANGEROUS DOGS: ADDITIONAL REQUIREMENTS. Enclosure An owner of a potentially dangerous or dangerous dog shall keep the dog. while on the owner's property. in a proper enclosure. If the dog is outside the proper 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 fr .•t'. s.n.r: but wi respiration. 2. Registration Renewal An owner of a potentially dan- s� 4. th m w of the dog annu: y 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 iuriadjction. I•; 1 •r. .o •171 ous or dangerous dog must notify the Animal Control Officer in writing of the 'death of the dog or its trans- fer. and must. if requested bv the Animal Control Of- ficer execute an affidavit u der oath setting forth ei- therthe circumstances of the dog's death and disposi- l e I h .r 1 number of the person to whom the dog has been trans- ferred potentially dangerous or dangerous dog to be sterilized If n,,. •A.• wn s �iit- e-.i