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HomeMy WebLinkAbout2010-10 06-03 AP newspapers AFFIDAVIT OF PUBLICATION STATE 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(s) known as Brooklyn Park, Brooklyn Center Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 3 day of June 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of ,2010; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcde nopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 3 day of June 2010. Notary Public DIANE L ELIASON NOTARY PUBLIC - MINNESOTA .: hdy Comm- Expires Jan. 31, 2015 i I owner has notice that the dog is potentially dangerous, the the procedures for contesting the designation as described gerous dog; dog aggressively bites, attacks, or endangers the safety of in Section 1 -255 (5)(a) and the result of the failure to contest humans or domestic animals; or the designation as described in Section 1- 255(5)(b). Upon c. the owner has paid the annual registration fee as provid- receipt of notice of intent, the dog owner must comply with ed for in this Section; and c. d- been determined to be a dangerous dog by the City or the requirements of Section 1 -270.1 and continue to comply any other governmental jurisdiction. with such requirements until the dog is dead or removed from- d. the owner has had microchip identification implanted in the City, or the City has determined that the dog is not dan- the dangerous dog or potentially dangerous dog as required 2. Potentially dangerous coo Potentially dangerous dog gerous or potentially dangerous. The owner shall be in- under Minn. Stat. §347.515. means any dog that: formed of this requirement in the notice of intent. 3. Warning Sign. If the City issues a certificate of registra- a. when unprovoked, has inflicted s a bites on a human beina L. Declaration of Dangerous or Potentially lion to the owner of a potentially Q4 Contesting Decl dangerous dog or danger or domestic animal on public or private property; Dangerous Dogs. he treets e a person, ous dog under Section 1 -265 (2), the City will provide, for b. including a person on a bicycle, upon the streets when unprovoked, has chases or s posting o rty, n the owner's prope a_copy of a warning symbol n, sidewalks, a. If the owner of a dog has received a notice of intent under to inform children that there is a dangerous dog on the prop -` or any public or private property, other than the dog owner's - Section 1 -255 (4), the owner may request that a hearing be erty. The City may charge the dog owner reasonable fee property, in an apparent attitude of attack; conducted to determine whether or not such a designation to cover its administrative costs and the costs of the warning is justified. Such request must be made in writing and de symbol. - - c. has a known propensity, tendency, or disposition to attack livered to the City Manager within 14 days of receipt of the unprovoked, causing injury or otherwise threatening the notice of intent. 4. Fee. The City will charge the owner an annual fee to'ob '' safety of humans or domestic animals; or fain a certificate of registration fora potentially dangerous or b. If the owner fails to contest the notice of intent within 14 d. has been determined to be a potentially dangerous dog days, the owner forfeits the right to a hearing and the decla- dangerous dog. by the Gi% of any other governmental jurisdiction. ration of the dog as potentially dangerous or dangerous is 5. Tag. A potentially dangerous or dangerous dog registered final. The City Manager will then issue a declaration to the under this Section must have a tag, issued by the City, iden- 3. Proper Enclosure Proper enclosure means securely con- owner and the owner must comply with all applicable re- tifying the dog as potentially dangerous or dangerous. This fined indoors or in a securely enclosed and locked pen or quirements of this Section or cause the -d dog to be humane) to must be affixed xed to the dog's suitable to prevent the animal from escaping and destroyed or removed from the City limits. 9 g collar and worn by the dog structure . providing protection from the elements for the dog. A prop- K. ty at all times. er enclosure does not include a porch, patio, or any part of 6. 3, Pleating Procedure. Within ten days after receiving the lii S*8FRPtiQR. he 61 Big W de a house, garage, or other structure that would allow the dog owner's request for a hearing, the City Managerwill notify the to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are dog owner of the hearing date. The hearing will be sched- uled within forty -five days. The hearing will be conducted by the only obstacles that prevent the dog from exiting. the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call 4. Owner. Owner means any person, firm, corporation or- witnesses and present evidence on his or her behalf. A sim- ganization, or department possessing, harboring, keeping, ple majority of the members of the Panel is necessary for a having an interest in, or having care, custody, or control of a finding that the dog is either dangerous or potentially dan - dog. gerous. The Panel will mwef inform the owner of its decision so; aeraWted ;14� do in writing and must state the reasons for its decision. 5. Great bodily harm Great bodily harm means bodily injury which creates a high probability of death, or which causes 7. 4 Effect of Findings. If the Panel finds that there is a suf- serious permanent disfigurement, or which causes a per ficient basis to declare the dog potentially dangerous or dan- manent or protracted loss or.impairment of the function of gerous, the owner must immediately comply with all applic feF peliee weFk any bodily member or organ or other serious bodily harm. able requirements of Sections 1 -265 to 1 -270 this QFdiRapee or immediately cause the dog to be humanely destroyed or Section 5. Section 1 -270 of the Brooklyn Center City Code 6. Substantial bodily harm Substantial bodily harm means removed front the City bodily injury which invokes a temporary but substantial dis- ty limits. is amended as follows: figurement, orwhich causes a temporary but substantial loss Appeal. If the owner of the dog disputes the decision Section 1 -270 POTENTIALLY DANGEROUS AND DAN- or impairment of the function of any bodily member or organ, of the Panel, the owner may appeal the decision of the Panel GEROUS DOGS; ADDITIONAL REQUIREMENTS. or which causes a fracture of any bodily member. to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of 1. Enclosure and Proper Restraint An owner of a potential- 7. Animal control officer. Animal control offic r means an in the Panel's decision. The owner may appeal the decision of ly dangerous or dangerous dog shall keep the dog, while on dividual who has been designated for animal control opera- the City Council in accordance with procedures under state the owner's property, in aproper enclosure. If the dog is out- tions within the jurisdiction of the City. law. side the proper enclosure, the dog must be muzzled and re- 8. City Manager strained by a substantial chain or leash and under the phys- City Of Brooklyn Center Ci ty Manager means the City Manager or Section 3. Section 1 -260 of the Brooklyn Center City Code ical restraint of a responsible person. The muzzle must be Off anager's designee i (Official Publication the City M ) s amended as follows: 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 Notice is hereby given that public hearing will be held on 9• Provocation Provocation means an act that an adult Section 1 -260 REVIEW OF DECLARATION. Beginning six interfere with its vision or respiration. the Notice is day of June, that at 7:00 pear, or will soon there could reasonably exp ce t may cause a dog to attack or bite months after ngtice is given of intent to declare a dog is do- the 1 4 t the matter may 1 heard; at City Hall, s sot Shin le elsrse a to be potentially dangerous or dangerous dog, an 2. Registration Renewal. An owner of a potentially danger - 9 Section Section 1 -255 of the Brooklyn Center City Code owner may request annually that the Animal Control Review ous or dangerous dog must renew the registration of the dog Cre as the ay, matter consider Ordinance Relating to Dan - S amended a follows: gerous Dog Requirements; Amending City Code Sections 1 Panel review the designation. The annually until the dog is deceased. If the dog is removed 250 to 1 -300. owner must provide evidence that the dog's behavior has from the jurisdiction, it must be registered as a potentially' Section 1 -255 DECLARATION OF DANGEROUS OR PO- changed due to the dog's age, neutering, environment, com- dangerous or dangerous dog in its new jurisdiction. TENTIALLY DANGEROUS DOGS. pletionofobediencetrainin g Auxiliary aids tot handicapped` ° persons are available upon or g that includes modification of a - request at least 96 hours in advance. Please notify e City gressive behavior, or other factors. If the Panel Animal GeR 3. Death or Transfer. An owner of a potentially dangerous Clerk at 612 - 569 -3300 to make arrangements. 1Y ty 1 Adoption b R y eference Except as otherwise provided in kel- �#iesc finds sufficient evidence that the dog's behavior dangerous dog must notify the City Mana r ApiFR&i GeRiFel Sections 1 -250 to 1 -300, the regulatory and procedural pro has changed, it m rescind the s potentially dangerous or AfNeeF in writing of the death of the dog or its transfer, and ORDINANCE NO. dons of Minnesota Statutes sections 347 50 to 347 565 dangerous designation. rsay 69 ressirads� must, if requested by the City Manager are adopted by reference Section 4. Section 1 -265 of the Brooklyn Center City ew, execute an affidavit under oath setting forth either the ORDINANCE RE- ` Code is amended as follows: circumstances of the dog's death and disposition orthecom - AN RELATING TO DANGEROUS D r AN O NTS; AMENDING CITY CODE SECTION O 1• -250 2. Declaration by Police or Animal Control A police officer plete name, address, and telephone number of the person TO 1 -300 community service officer or animal control officer may de Section 1 -265 REGISTRATION. to whom the dog has been transferred. Clare a dog to be dangerous or potentially dangerous THE CITY COUNCIL OF CITY OF BROOKLYN CEN- 1. Requirement. No person may own a potentially danger- 4. Sterilization. The animal control officer shall require a po- 3. Exceptions. pus or dan g' ttY g g' Y 9 g g TER DOES ORDAIN AS FOLLOWS: gerous do in the C' unless the do is registered tentiall dangerous or dangerous do to be sterilized at the as provided in this Section. owner's expense. If the owner does not have the animatster Section t. Section 1 -250 of the Brooklyn Center:City a. The provisio ns of ections 1 -250 to 1 -300 do not apply to ilized within 30 days, the animal control officer shall have -the Code is amended. as follows: dogs used by law enfQmement officials for police work 2. Certificate of Registration. The City Manager will issue a animal sterilized at the owner's expense. The owner aayi certificate of registration to the owner of a potentially dan- contest and appeal a decision Section 1 =250. DEFINITIONS. For the purposes of Sections b. Dogs may not be declared dangerous or potentially dan gerous or dangerous dog if the owner presents sufficient ev- requiring a dog to be sterilized in accordance with the pro- 1 -250 through 1 -280, the terms defined in this Section shall gerous if the threat imury or danger was sustained by a per idence that: cedures set forth in Section 1 -255 (5)(a). have the meaning given them, Terms not defined in this Sec- son who was i) committing a willful trespass or other to es occupied by the owner of thg�� ' lion shall have the meaning given them in Section 1 -101 of dog and a accesses t o 5. Rental Property. A person who owns a potentially dan - upon the oremus a. a proper enclosure exists for the this Code. yoking. tormenting abusing or assaulting the dog or who the premises are posted with clear) visible warning signs is- can be shown to have a histo of repeated rove in for Y 9 9 gerous dangerous dog and who rents property from an rY IY p k g sued'or approved by the Animal Control Officer, that there is other where re the dog will reside must disclose to the proper 1. Danoerous dog. Dangerous dog mean's any dog that has: mentmg abusing, or assaulting the dog; or, e property; ty owner prior to entering the 'lease agreement and a iii) committing or a potentially dangerous or dangerous dog on the the attempting to commit a pn time of any lease renewal that the person owns a potential - a. without provocation, inflicted substantial bodily harm on a an to 4 ° b. in the case of a dangerous dog only, a surety bond to be ly dangerous or dangerous dog that will reside at the prop - 9 !, human bein or domestic animal on p ublic or private prop- . Notice to Owner. If held by the City Clerk has been issued by a surety company erty. A dog owner, who is curt ntly rerrtingQp must a dog is declared potentially dan- authorized to conduct business in this state in a form sum the do ac- notify the property owner within 14 ems day os f City notification if gerous or dangerous according to the criteria in Section 1- ceptable to the City Clerk and the City Attorney e is newly declared as dangerous or potentially dan 250 (1) or (2), the animal control officer will give notice, by of at least $300,000 Y in th, p ayable g p y y person injured by the gerous and the owner keens the e+vrae�S OF delivering or mailing it to the owner of the dog sews a -Fie. dangerous dog, or a policy of liability insurance has been is- dog on the property ties of intent to declare the dog Po sued by an insurance company authorized to conduct busi- b. e- been found to be potentially dangerous and after the tentially dangerous or9 angerous. Such notice shall inform ness in this state in the amount of at least,$300,000, insur- the owner of this desi nation, the basis for the designation, ing the owner for any personal injuries inflicted by the dan- L ega l NOtIC2S continu on next page 6. Sale. A person who sells a potentially dangerous or dan- Section 1 -276 RESTRICTIONS ON DOG OWNERSHIP serous or of n 'ally dangerous dog_to fail to renew the reg -: gerous dog must notify the purchaser that $149 Animal -Ger� id istration of a potentially i ngemu�s or cans m�� . M 1ati the dog has been declared as po- 1. Dog ownership prohibited. Except as proved in oara- to account for a dangerous dog's death or chanoe of loca- tentiaily dangerous Qr danggGQUS. The seller must also no- gbh D of this Section, no person may own a dog if the per- lion where the dog will reside to sign a false afFAavM uarh re tify the City Manager with the new son has been: sped to a dangerous dog's death or change of location owner's name, address, and telephone number: where tiie dog will reside or to fail to disclose ovine hip of a. convicted of a third or subsequent violation of Sections 1 a dangerous dog to a propedy owner from whom the person Section 6. Section 1 -275 of the Brooklyn Center City 265 or 1 -270 or Minnesota Statutes section 347.515: rents propeft Code is amended as follows: b. convicted of 2 degree manslaughter due to neglig ng t or 3 A oarsbn wfjo is cony cted of`a second or subSegi ent vi Section 1 -275 SEIZURE.. intentional use of a dog under a violation under Minn enta olationof paragraphs (1) or (y) is quiU of a gross muds Statutes section 609.205. clause 4• meanor• 1. Immediate Seizure. - c. convicted of a gross misdemeanor harm c ause d by a dog 4. An owner who violates Minnesota Statutes. e tion 8 The animal control officer or any police officer or com under Minnesota Statutes. section 609.2 26. subdivis on 1: 347.542 or Section 1 -276 of this Code i g iMtof a an= mis munily service officer may immediately seize any potential- demeanor, ly dangerous or dangerous dog if: d been convicted of a violation under Minnesot S tatutes. section 609.226. subdivision 2: S. Arnr hou_!ehpld member who knowinoN violaec Mines - a (]1 w ft 14 days after the owner has notice that the to Statues SerMi 347 542 subdivision 2 nr Section 1 2 dog is potentially or dangerous, the dog is not a had a dog ordered destroyed under Section 1 -280 and of this Code is guft of a gross misdemeanor. registered as required under Section 1 -265 and no appeal been convicted of one or more violations of Section 1 -26 'has been filed 1 Minnesot Statu sections 347 or 609.226 Section 10. This Ordinance shall become effective after b: ( in the case of a dangerous dog, wifpif f 14 da subd 2. adoption and upon thirty (30) days following its legal publi- Ys cation. after the owner has notice that the dog is dangerous, the 2. Household members If am member a household is owner does not secure the proper liability insurance or sure- orohibited from owning a dog under para grmph 1 unless Adopted this day of : 2010. ty coverage as required under Section 1 -265 (2) (b); WmIfically approved with or without restrictions by the CU Mayor' no person in the household is permitted to own a dog ATTEsm er Q the dog is not maintained in the proper enclosure; City Clerk 3. Dog ownership prohibtion review inning three years (June 3, 2010) P1 Dangerous Dog Re e, IQ the dog is outside the proper enclosure and not under after a conviction under SeM 'on 1- 7601 that prohibits a per - physical restraint of responsible person as required under son from owning a dog and annualN thereafter the person Section 1- 270.1 of maylgquest in writing to the Cily Manager that the Animal Control Review Panel review the prohibition,The Panel may er (3) after the owner has been notified that the dog is po consider such facts as the seriousness of the violation or vi- tentially dangerous or dangerous, the do bites or attacks a t r- n criminal 9 vi i n -person or domestic animal;Qr or other facts that the Panel deems appropriate The Panel ley rescind the prohibition entirely or rescind it with limit - (6) the dog is not sterilized within 30 days pursuant to Sec- lions The Panel also may establish conditions a person tion 1- 270.4. must meet before the prohibition is rescinded including but not limited to sw�essfully complgtjng k�og ininy or dog b. Wan owner of a dog is convicted of a crime for which the handling courses If the Panel rescinds a person's rp ohibi- d was originally seized the curt may order tha the dog Sion and the person subsequently fails to comply with any b Qg oonfisc t d and destroyed in a proper manner, and that limitations imposed by the City or the person is convicted of the owner Pay th costs incurred in onfiscating confining, any animal violation involving unprovoked bites or dqg at- and destroymg the dog. tacks. .the Panel may Permanently prohibit the 2erson from owning a dog in this state. 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1 -275 (1) may be reclaimed by the Section 8. Section 1 -280 of the Brooklyn Center City owner of the dog upon payment of impounding and board- Code is amended as follows: ing fees, and presenting proof to the animal control officer that the requirements of Section 1 -265 and Section 1 -270 Section 1 -280 DESTRUCTION OF DOG IN CERTAIN will be met. A dog not reclaimed within seven days of seizure CIRCUMSTANCES. may be disposed of as provided in Minn. Stat. §35.71, sub- division 3. The owner is liable to the City for costs incurred 1. Circumstances, Notwithstanding Sections 1 -265 to 1- in confining and disposing of the dog. 276¢, 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent viola - tion relating to the same dog, the animal control officer must Wray seize the dog. If the owner is convicted of the crime for as authapleed which the dog was seized, the G#V court shall flay order that WRIE11AFS0011iffiR 4 4 4k a dog may be ordered destroyed in a the dog be destroyed the eleg in a proper and humane man- proper and humane manner by the animal control officer if ner.. andthe owner is responsible for paying the cost of con- the dog: hnmg� -_ destroying the animal. If the person is not con - Acted b4-the crime for which the dog was seized, the owner inflicted substantial or great bodily harm on a human being may`r6c1aim the dog upon payment to the City of a fee for the on public or rip vate propedy without provocation ✓*care and boarding of the dog. If the dog is not reclaimed by is the owner within seven days after the owner has been noti- inflicted multiple bites on a human being on public or private - t fied-that thedog may be reclaimed, the dog may be disposed property without provocation of as provided under Minn. Stat. § 35.71, subdivision 3. The r owner Is to the City for the costs incurred in confining, bit multiple human victims on public or i ate proRt`rtY in the Impounding and disposing of the dog: same attack without provocation 4: Disposition of Seized Doge bit a human on public or private prep" without provocation in an attack where more than one dog Participated in the at a Rightto a Hearing The owner of any seized dog has the tack: or right to a hearing by the Animal Control Review Panel The npfice and hearing requirements in Section 1 -255 will apply 2 Hearing The animal control officer may not destroy the to a hearing requested under this section Any hearing re dog until the dog owner has had the o portunity for a hear quested under this section will be held within 14 day of the ing before the Animal Control Review Panel request In the event that the seizure is upheld by the Panel actual expenses of the hearing up to a maximum of $1.000 Section 9. Section 1 -300 of the Brooklyn Center City Code will be the responsibility of the dog owner. The Panel will is amended as follows: issue a decision within ten days after the hearing The de- cision will be hand - delivered to the dog's owner or delivered Section 1 -300 PENALTY. via registered mail as soon as practical and a copy will b provided to the animal control officer and City Manager 1 Any person violating the provisions of Sections 1 -265 or 1 -275. the , shall, b Security. A person claiming an interest in a seized dog upon conviction ';of, be guilty of a misdemeanor and clay prevent disposition of the dog by posting security in an shall be subject to penalties specified for misdemeanors in amountsufficient to provide for the dog's actual cost of care Minnesota Statutes section 609 03 as amended from time and keeping The securltv must be posted within seven days to time• of the seizure inclusive of the date of seizure @88W 811 PF8G88Wti8R. Each day that a violation exists shall Section 7. Chapter 1 of the Brooklyn Center City Code is constitute a separate offense. amended by adding the following new Section 1 -276: 2 It is a misdemeanor to remove a microchip from a dan- '