HomeMy WebLinkAbout2010-10 06-24 AP City of Brooklyn Center attach clipping
(Official Publication)
(June 24, 2010) P1 Ord.# 2010 -10
ne �T�r����s bodily injury which invokes a temporary but substantial dis- Ranee or immediately cause the dog to be humanely de- feF eeliee wefk.
�f�( `� figurement, or which causes a temporary but substantial loss stroyed or removed front the City limits.
or impairment of the function of any bodily member or organ, Section S. Section 1 -270 of the Brooklyn Center City Code
AFFIDAVIT OF PUBLICATION or which causes a fracture of any bodily member. 8. i} Appeal. If the owner of the dog disputes the decision is amended as follows:
of the Panel, the owner may appeal the decision of the Panel
7. Animal control officer. Animal control officer means an to the City Council. An appeal to the City Council must be in Section 1 -270 POTENTIALLY DANGEROUS AND DAN -
STATE OF MINNESOTA ) individual who has been designated for animal control oper- writing and submitted to the City Manager within 14 days of GEROUS DOGS; ADDITIONAL REQUIREMENTS.
ations within the jurisdiction of the City the Panel's decision. The owner may appeal the decision of
SS. the City Council in accordance with procedures under state 1. Enclosure and Proper Restraint An owner of a poten-
COUNTY OF HENNEPIN ) a. City Manager. City Manager means the City Manager or law. tially dangerous or dangerous dog shall keep the dog while
the City Manager's designee. on the owner's property, in a proper enclosure. If the dog is
Richard Hendrickson being duly sworn On Section 3. Section 1 -260 of the Brooklyn Center City Code outside the proper enclosure, the dog must be muzzled and
9 Provocation. Provocation means an act that an adult is amended as follows: restrained by a substantial chain or leash and under, the
an oath states or affirms that he is the Chief could reasonablyexpect may cause a dog to attack or bite. physical restraint of a responsible person. The muzzle must
Financial Officer Of the neWSpaper(s)known Section 1-260 REVIEW OF DECLARATION. Beginning six be made in a manner that will prevent the dog from biting any
_ Section 2. Section 1 -255 of the Brooklyn Center City Code months after notice is given of intent to declare a dog is do person or animal but that will not cause injury to the dog or
as is amended as follows: elaFed -a to be potentially dangerous or dangerous dog, an interfere with its vision or respiration.
Brooklyn Park, Brooklyn Center Sun -Post owner may request annually that the Animal Control Review
City of Brooklyn Center Section 1 -255 DECLARATION OF DANGEROUS OR PO- Pan review the designation. The 2. Registration Renewal. An owner of a potentially dan
(Official Publication) TENTIALLY DANGEROUS DOGS. owner must provide evidence that the dog's behavior has gerous or dangerous dog must renew the registration of the
changed due to the dog's age, neutering, environment, com- dog annually unfit the dog Is deceased. If the dog is removed '
NOTICE OF ORDINANCE ADOPTION 1 Adoption by Reference. Except as otherwise provided in pletion of obedience training that includes modification of ag from the jurisdiction, it must be registered as a potentially
and has full knowledge of the facts Stated Sections 1 -250 to 1 -300 the regulatory and procedural pro- gressive behavior, or other factors. If the Panel ARmmal GeR dangerous or dangerous dog in Rs new jurisdiction. } ' ev below: ORDINANCE NO. 2010 10 a visions of re adopt d E by refe encetutes. sections 347.50 to 347.565 has hang d a may a ci d� the potent a ly n or 3. Death or Transfer. An owner of a otentiall dangerous "
AN ORDINANCE RELATING TO DANGEROUS DOG r P Y
(A) The newspaper has complied with all of , dangerous designation, efeeeiRded. ordangerous dog mus tith
the � h Ma nag e o r • its r,
8 Declaration b
REQUIREMENTS; AMENDING CITY CODE y Police o r ! Animal Control. A police officer. fFe4.9ffieec in writing of f the the death of t h e dog its '
the requirements constituting qualifica- SECTIONS 1 -250 TO 1-300 community service officer, or animal control officer may de- Section 4. Section 1 -265 of the Brooklyn Center City and must, if requested by the City Manaoer g ARiFkal- 6entFel
tion as a qualified newspaper as provid- THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN clare a dog to be dangerous or potentiall aneerous. Code is amended as follows: 9ff execute an affidavit under oath setting fortis eitfierfhe`
ed by Minn. Stat. §331A.02, §331A.07, TER DOES ORDAIN AS FOLLOWS: circumstances of the dog's death and disposition orthecom
Exceptions. Section 1 -265 REGISTRATION. plete name, address, and telephone number of the person
and other applicable laws as amended. Section t s ection 1.250 of the Brooklyn center City to whom the dog has been transferred.
(B) The printed public notice that is attached Code is amended as follows: a The provisions of Sections 1 -250 to 1 -300 do not 1. Requirement. No person may own a potentially danger -
-4DDIy to dogs used by law enforcement officials for police ous or dangerous dog in the City unless the dog is registered 4. Sterilization. The animal control officer shall require a
was published In said newspaper(s) Section s- 250. DEFINITIONS. For the purposes of Sections work• as provided in this Section. potentially dangerous ordangerous'dogtobesterlizedat
once each week, for one successive i - 250 through 1- 280 the terms defined in this Section shall the owner's expense. if the owner does not have the animal
have the meaning given them. Terms n s Sec - riot defined in this b �9s may not be declared dangerous or potentially dan- 2. Certificate of Registration. The City Manager will issue sterilized within 30 days, the animal control ofBosr shall have
week (s);it was first published onThurs tion shall have the meaning givehthem inSectiont - 1DTof gerousrfthethreatinjg _ryor danger was sustained byaper a certificate of registration to the owner of a potentially dan the animal sterilized at the owners expense:Tlteownermay
day the 24 day Of June this Code. son who was committing a willful trespass or other to gerous or dangerous dog the owner presents sufficient ev- contest and appeal a decision INN WO'GiRI
u n the premises occupied by the owner of the dog; ii) pro- idence that: requiring , a dog to be sterilized 'in accordance with the pro -
2010 and was thereafter printed and 1• Dangerous dog. Dangerous dog means any dog that raking. tormenting. abusing or assaulting the dog. or who cedures set forth Iry Secti 1-255 (5)(a).
published on every Thursday to and in- pas: ca nbeshowntohaveanistorvofreneatedly ^ provoking tor- a. a proper enclosure exists for the dog and all accesses to
menting abusing or assaulting the dog; or !if) committing or the premises are posted with clearly visible warning signs is- 5. Rental Property. ` rs
A peon, who owns a potentially an
d-
c l u d i n g Thursday, the ___ day o f a. without provocation, inflicted substantial bodily harm on attem ing to commit a crime, sued or ap by the Animal Control Officer, that there is gerous or dangerous, dog ad wiw girds p" rope from an
animal on public or private prop a potentially dangerous or dangerous dog on the property; other whe the dog will reside must disclose"to fife proper
2010; and printed a human being or domestic
erty: 4. A, Notice to Owner If ty owner prior to enterin the lease aWeenlerit`and -at ttte'
below is a copy of the lower case alpha- a dog is declared potential- b. in the case of a dangerous dog only, a surety bond to be time of any lease renewal that the person owns a potential -
bet from A to Z , both inclusive, which is 61 ly dangerous or dangerous according to the criteria in Sec- held by the City Clerk has been issued by a surety company ly dan erous or dangerous edg thatW11 reside at the prop-.
lion 1 -250 (1) or (2), the animal control officer will g ive no- authorized to conduct business in this state in a form ac- arty. I ft owner. who is currently renting p rol;M must
hereby acknowledged as being the size tire. tly delivering or mailing f to the owner of the dog, eerve ceptable to the City Clerk and the City Attorney in the sum J14t§yJRSyiflpgEgf owner within id save of Cb notification If
e. been loud to be potentially dangerous and after the aReaee of intent to declare the dog of at least $300 payable to any person injured by the the dog declared as dangMus or tentialy dan-
and kind of type used in the composition
owner has notice that the dog is potentially dangerous, the Potentially dangerous or dangerous. Such notice shall in- dangerous dog, or a policy of liability insurance has been is- serous and the owner keeps yg on the t
and publication of the notice: d aggressively bites form the owner of this designation, the basis for the desig- sued by an insurance company authorized to conduct busi -
humanns s y or domestic animals; or on, e procedures attacks, or en do g the safety of nation, th for contesting n as ness n this state the amount of at least $300,000, insur- sells a potential ly g m
ting the designati d in i 6. Sa le, A person who dan eus ordah
a nopgrstuvwxyz scribed in Section 1 -255 (5)(a) and the result of the failure to mg the owner for any personal injuries inflicted by the dan- gerous dog must notify the purchaser that tire- AgirnaM•6eR-
g d- been determined to be a dangerous dog by the City contest the designation as described in Section 1- 255(5)(b). gerous dog; the dog has been declared as po-
or any other governmental jurisdiction. Upon receipt of notice of intent, the dog owner must comply - tentialty dangerous or dangerous. The seller must also no--
with the requirements of Section 1-270.1 and continue to c. the owner has paid the annual registration fee as pro - tify the Manager with the - new
2. Potentially dangerous dog. Potentially dangerous dog comply with such requirements until the dog is dead or re- vidd for in this Section; and owner's name, address, and telephone number '
means arty dog that: moved from the City, or the City has determined that the dog
is not dangerous or potentially dangerous. The owner shall d. the owner has had microchip identification implanted in Section 6. Section 1 -275 of the Brooklyn Center City
BY: a. when unprovoked, has inflicted e a bites on a human be informed of this requirement in the notice of intent. the dangerous dog or potentially dangerous dog as required Code is amended as follows:
gin or domestic animal on public or private ' ro ' e under Minn. Stat. § 347.515.
P P ` 82- Contesting Declaration of Dangerous or Potentially Section 1 -275 SEIZURE.
CFO b. when unprovoked, has chasgde or approachQde a per - Dangerous Dogs. 3. Warning Sign. If the City issues a certificate of registra-
son, including a person an a bicycle, upon the streets, side- lion to the owner of a potentially dangerous dog or danger- 1. Immediate Seizure.
walks, or any public private property other than the flog a. If the owner of a dog has received a notice of intent under ous dog under Section 1 -265 (2), the City will provide, for
owners property, in an apparent attitude of attack; may Section 1 -255 4 O , the owner re that a hearing be posting y q uest p g on the owner's property,
a copy of a warning symbol a 'The animal control officer or any police officer r� r�-
Subscribed and sworn to or affirmed c. has a known propensity, tendency, or disposition to'tat_ conducted to determine whether or not such a designation to inform children that there is a dangerous dog on the prop- munity service office r may immediately seize any potential -
before me on this 24
24
d of i irk unprovoked, causing injury or otherwise threatening the is justified. Such request must be made in writing and de- erty. The City may charge the dog owner a reasonable fee ly dangerous or dangerous dog-if:
safety of humans a domestic animals; or livered to the City Manager within 14 days of receipt of the to cover its administrative costs and the costs of the warning
June 2010, notice of intent. symbol. a, W WRI4 ahgr 14 days after the owner has notice that
d. has been determined to be a potentially dangerous dog the dog is potentially'dangerous or dangerous, the dog is not
d. 4 1,9 has b any other governmental jurisdiction. b. If the owner fails to contest the notice of intent within 14 4. Fee. The City will charge the owner an annual fee to ob- registered as required under Section 1 -265 and no appeal days, the owner forfeits the right to a hearing and the decla- tain a certificate of registration for a potentially dangerous or has been filed "
3. Proper Enclosure. Proper enclosure means secure[ ration of the dog as potentially dangerous or dangerous is dangerous dog.
confined indoors or in a securely enclosed and lacked pen final. The City Manager will then issue a declaration to the 111, (2) in the case of a dangerous dog, wi0tio air 14 days
or structure suitable to prevent the animal from escaping and owner and the owner must comply with all applicable re- 5. Tag. A potentially dangerous or dangerous dog regis- after the owner has notice That the dog is dangerous, the
Notary Public providing protection from the elements for the dog. Aprop quirements of this Section or cause the dog to be humanely tered under this Section must have a tag, issued by the City, owner does not secure the proper liability insurance or sure-
destroyed or removed from the City limits. identifying the dog as potentially dangerous or dangerous. ty coverage as required under Section 1 -265
e 2 b ;
er enclosure does not include a porch, patio, or any part of w O O >
a house, garage, or other structure that would allow the dog This tag must be affixed to the dog's collar and worn by the
to exit of its own volition, or any house or structure,in which 9 - Hearing Procedure. Within ten days after receiving dog at all times. &M the dog is not maintained in the proper enclosure;
J windows tie open or in: which door or window creeps are the owner's request for a hearing, the City Manager will no- 6. ,
O I , � N E L E L I A S O N tify the dog owner of the hearing date. The hearing will be d. J,4) the dog is outside the proper enclosure and not under
the only obstacles that prevent the dog from exiting. scheduled within forty -five days. The hearing will be con- physical restraint of responsible pers r as uird 'unde
4. Owner. Owner means any person, firm, corp r '
ru; i pity P11111 IC - MINNESOTA orafion or - ducted by the Animal Control Review Panel, which will con Section 1 270.1 eF P - �
e `..
Lily C1 4xpn r., dm, at. zp15 sist of three members, as appointed by the Mayor. The a-
ganization, or department possessing, harboring, keeping, owner may call witnesses and present evidence on his or her e- (M after the owner has been notified thai the g do is
dy, `
having an interest in, or having care, custo or control of a behalf. A simple major'
dog. P le J itY of the members of the Panel is nec- dot" tenbally dangerous or dangerous, the dog :bites or attacks a
essary for a finding that the dog is either dangerous or po- person or domestic animalsr .
5. Great bodily harm. Great bodily harm means bodily in tentially dangerous. The Panel will f mat inform the owner b- WMG Was PF9V8kiR9 OFFROMiAlf QhWiRff, OF 8668WR
t
t
of its decision in writing and must sae the reasons for its de- (§� the do is not sterilized within 30 days pursuant to See - ,
jury which creates a high probability of death, or which rails- ® ,
es serious permanent disfigurement, or which causes a per - cision. tion 1- 270.4.
manent or protracted loss or impairment of the function of ' 7 4 - Effect of Findings. If the Panel finds that there is a e b. If an owner of a dog is convicted of a crime -for which the
any bodily member or organ or other serious bodily harm. sufficient basis to declare the dog potentially dangerous or
6. Substantial bodily harm. Substantial bodily angerous, the owner must immediately comply with all ap- ;L. 68W rER!8F88RRGR4rEifflFRP4 RNYWARS 64414 See y harm means plicable requirements of Sections 1 -265 to 1 -270 skis 9Fdi- Legal Notices continued on next page
dog was originally seized the court may order that the dog handling courses. If the Panel rescinds a person's prohibi-
be confiscated and destroyed in a proper manner, and that Lion and the _person subsgguentiy fails to comply with any
the owner pgy the toss incurred in confiscating confining limitations imposed yythe CW1 or the is convicted of
and destrcving the dog. any animal violation involving unprovoked bites or dog at-
tacks the Panel mgy (lermanentlyprohibit the person from
2. Reclaimed. A potentially dangerous or dangerous dog owning a dog in this state,
seized under Section 1 -275 (1) may be reclaimed by the
owner of the dog upon payment of impounding and board- Section S. Section 1 -280 of the Brooklyn Center City
ing fees, and presenting proof to the anima control officer Code is amended as follows:
that the requirements of Section 1 -265 and Section 1 -270
will be met. A dog not reclaimed within seven days of seizure Section 1 -280 DESTRUCTION OF DOG IN CERTAIN
may be disposed of as provided in Minn. Stat. §35.71, sub- CIRCUMSTANCES.
division 3. The owner is liable to the City for costs incurred
in confining and disposing of the dog. L Circumstances. Notwithstanding Sections 1 -265 to 1-
3. Subsequent Offenses. If a person has been convicted 276¢
of a misdemeanor for violating a provision of Section 1 -265
or 1 -270, and the person is charged with a subsequent vio-
lation relating to the same dog, the anima control officer
mkt m" seize the dog. If the owner is convicted of the
crime for which the dog was seized, the Q#y court shall w"
order that the dog be destroyed the deg in a proper and hu-
mane manner and the owner is responsible for paying the proper and humane manner by the animal control officer if
cost of confining and destroying the anima. If the person is the dog:
not convicted of the crime for which the dog was seized, the
owner may reclaim the dog upon payment to the City of a fee inflicted substantial or great =arm on a human being
for the care and boarding of the dog. If the dog is not re- on public or private_prope lthout provocation:
claimed by the owner within seven days after the owner has
been notified that the dog may be reclaimed, the dog may be inflicted multiple bites on a human being on public or private
disposed of as provided under Minn. Stat § 35.71, subdivi- property without provocation:
sion 3. The owner is Hable to the City for the costs incurred
in confining, impounding and disposing of the dog. bit multiple human victims on public or private property in the
same attack without provocation:
4 Disposition of Seized Dogs
bit a human on public or private properly without provgeation
ft Right to a Heading. The owner of any i ed ham the in an attack where more than one dog pa�ipaW in the a-
do to a hearvw by the Anima Control Review Panel. The tack: or
notice and heari"nq regrdrements in Section 1 -255 will apply
to a hearin t under this section a control officer may not the
nested under this section will be held within - 14 days of the dog until the dos owner has had the gppm for a hear -
reguest In the event that ttre seizure hs up jay the Panel 9 q before the Animal Control Review Panel,
a ftBl ring of the hea to a mammrsn of 57.000
w the respa>sif>iYty of the dco owner The Pace) win Section 9. Section 1-300 of the Brooklyn Center City Code
I., a derision rdMdn ten calls after the hearing The de,- is amended as follows:
cision w8 be hand- deMiered to the dos s owner or deivered a= will be soon as Section 1 : = PENALTY.
I Any person violating the provisions of Sections 1 -265 or
b, A Rerson clakrtkhg an Interest In a seized dog 1 -275, shall,
of the dog brpq in an upon conviction thereof, be guilty of a misdemeanor and
an101_nt Sc ant 10 provide for the dog's actual cost Of care .shall be subject to penalties speclfied for misdemeanors in
and keeping The sewrlpy mtcct be posted within seven days Minnesota Statutes senenn 60903 as amended from time
of the sear �re inclura of the date of seizure. to time.
d 09 1111111011 BF
Section 7. Chapter 1 of the Brooklyn Center City Code is Each day a that violation exists shat
amended by adding the following new Section 1 -276: constitute a separate offense.
Section 1 -276 RESTRICTIONS ON DOG OWNERSHIP L It is a misdemeanor to remove a microchip from a dan
gerot is or teritia danq ro , to fail to renew the real_
1 Dog ownershipyrohibitad Except as provided in pare_ is+r'tion of a pgSentiaN dangerous or dangerous to fail
graph a of this Sertnn nn careen may own a if the per- f
son has been: tion where the dog wi 1 reside. to sign a affidavit with re
sped the dang roe us dgg's death for change of location
g. convicted of a third or subsequent violation of Sections where the doo will reside or to fail to disclose. ownership of
t -M or 1 -270 or Minnesota Statu section 347.515& as dangerous dog to a pMR" owner from whom the person
rents pmeft
t convicted ghter due to negligent
or intentions rise of a dog under a violation under Minneso- 3,, A person who is convicted of a second or-subaN �e� nt yi-
Is Statutes section 609.205, clause 4: elation of namaraar hs (1) or (2) is guiily of a gross misde-
meanor.
Q. convicted of a gross misdemeanor harm caused by a
dog under Minnesota Statutes. section 609.226. subdivision 4 An owner who violates Minnesota Statutes. section
Z 347.549 or Section 1 -276 of this Code is guilty of a gross mis-
demeanor.
d. been convicted of a violation under Minnesota Statutes
section 609.226. subdivision 2: 5. Any household member who knowingly violates Min-
nesota Statutes section 347.542. subdivision 2 or Section
P_ had a dog ordered destroyed under Section 1 -280 and 1 -276 of this Code is guilty of a gross misdemeanor.
been convicted of one or more violations of Section 1 -265
1 -270, Minnesota Statutes. sections 347.515 or 609.226. Section 10. This Ordinance shall become effective after
subd. 2. adoption and upon thirty (30) days following its legal publi-
cation.
2. Household members If any member of a household is
prohibited from owning a dog_under paragraph 1 unless Adopted this 14th day of June, 2010.
specifically approved with or without restrictions by the City. Mayor Tim Willson
no person in the household is permitted to own a dog ATTEST: City Clerk Sharon Knutson
Date of Publication: June 24, 2010
3 Dog ownership prohibition review. Beginning three years Effective Date: July 24, 2010
after a conviction under Section 1-276(l) that prohibits a per- (June 24, 2010) P1 Ord. #2010 -10
son from owninaa dog and annually thereafter the person
ma re ues
in wttin to the Ci M na er that the Animal
v
Control Review Panel review the prohibition The Panel may
consider such facts as the seriousness of the violation or vi-
olations that led to the prohibition any criminal convictions
or other facts that the Panel deems appropriate The Panel
may rescind the prohibition entirely or rescind it with limita-
tions The Panel also may establish conditions a ep rson
^�� )cr meet before the prohibition is rescinded including, but
— '� ited to successfiu lly completing dog treining or dog