ORD 18-14Ordinance 18 - 14
An Ordinance Amending Chapter, 10-91, Definitions of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That 4 10-91, Definitions of the City of Elk River Code of Ordinances shall be amended to read as
follows:
Definitions in this section shall have the following meanings:
Dangerous dog means a dog that:
(1) Has when unprovoked, inflicted substantial bodily harm on a human being on public or
private property;
(2) Has killed a domestic animal when unprovoked while off the owner's property;
(3) Has attacked one or more persons on two or more occasions;
(4) Has been found to be potentially dangerous and after the owner has notice of the
same, the dog aggressively bites, attacks, or endangers the safety of humans or
domestic animals; or
(5) Has previously been declared a "dangerous dog" pursuant to Minn. Stats. §§ 347.50 to
347.565 by the animal control authority of another jurisdiction.
Dog means both the male and female of the canine species, commonly accepted as domesticated
household pets.
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 impairment of the function of any
bodily member or organ or other serious bodily harm.
Impartial hearing officer means an impartial employee with the City of Elk River or an impartial
person or persons retained by the City of Elk River to conduct a hearing to determine the status of a
declaration or a seized dog.
Maintenance costs means any costs incurred as a result of seizing an animal for impoundment,
including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining,
feeding, destroying, boarding or maintaining seized animals, whether these services are provided by the
city or the pound.
Owner means any person or persons, firm, corporation, organization, department, or association owning,
possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog.
Potentially dangerous dog means a dog that:
(1) Has when unprovoked, inflicted a bite on a human or domestic animal on public or
private property;
(2) Has when unprovoked, chased or approached a person, including a person on a bicycle,
upon the streets, sidewalks or any public or private property, other than the owner's
property, in an apparent attitude of attack;
(3) Has a known propensity, tendency or disposition to attack unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals;
Has previously been declared a "potentially dangerous dog" pursuant to Minn. Stats. §§
347.50 to 347.565 by the animal control authority of another jurisdiction.
Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or
structure suitable to prevent the dog from escaping and to provide protection for the dog from the
elements. 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 volition, or any house or structure in which windows
are open or in which door or window screens are the only barriers which prevent the dog from exiting.
The enclosure shall not allow the egress of the dog in any manner without human assistance. A -pen er
ern sties Fneet thefellewing rAin„e f;cati s:The enclosure shall contain a self-closing and self-
locking gate. which shall be locked at all times when the dog is in the enclosure.
Provocation means an act that an adult could reasonable expect may cause a dog to bite or attack.
Substantial bodily harm means bodily injury that involves a temporary but substantial
disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily
member or organ or that causes a fracture of any bodily member.
(4) Unprovoked means the condition in which the dog is not purposely excited, stimulated,
agitated or disturbed.
(Ord. No. 09-08, § 1, 8-17-2009)
Strikethroughs to be removed
Underlines to be added
Passed and adopted by the City Council of the City of Elk River this 15th day of October, 2018.
6yhn j ietz, Ma or
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
[,NI'
MEAEO erA'`UR�
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Tonya Orbeck being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
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 provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/27/2018 and the last
insertion being on 10/27/2018.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By. /ZZ
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/27/2018 by Tonya Orbeck.
1
Notary Public
�.a
ERICA MARIE WILSON
KVM PUBIC -MI NEWTA
i\ p : /My CommBelm Ezphes Jen.31, 2021
wr.nr•.nwnwewewm
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(1) Lowest classified rate paid by commercial users
for comparable space:
$10 per column inch
Ad ID 871807
CITY OF ELK RIVER
ORDINANCE 18-14
AN ORDINANCE
AMENDING CHAPTER,
10-91, DEFINITIONS OF
THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 10-91, Defi-
nitions of the City of Elk River Code
of Ordinances shall be amended to
read as follows:
Definitions in this section shall
have the following meanings: Dan-
gerous dog means a dog that:
(1) Has when unprovoked, in-
flicted substantial bodily harts on
a human being on public or private
property;
(2) Has killed a domestic ani-
mal when unprovoked while off the
owner's property;
(3) Has attacked one or more
persons on two or more occasions;
(4) Has been found to be po-
tentially dangerous and after the
owner has notice of the same, the
dog aggressively bites, attacks, or
endangers the safety of humans or
domestic animals; or
(5) Has previously been declared
a "dangerous dog' pursuant to
Minn. Slats. §§ 347.50 to 347.565
by the animal control authority of
another jurisdiction.
Dog means both the male and
female of the canine species, com-
monly accepted as domesticated
household pets.
Great bodily harts means bodily
injury which creates a high proba-
bility of death, or which causes se-
rious permanent disfigurement, or
which causes a permanent or pro-
tracted loss or impairment of the
function of any bodily member or
organ or other serious bodily harts.
Impartial hearing officer means
an impartial employee with the City
of Elk River or an impartial person
or persons retained by the City of
Elk River to conduct a hearing to
determine the status of a declare -
ton or a seized dog.
Maintenance costs means any
costs incurred as a result of seizing
an animal for impoundment, includ-
ing, but not limited to, the captur-
ing, impounding, keeping, treating,
examining, securing, confining,
feeding, destroying, boarding or
maintaining seized animals, wheth-
er these services are provided by
the city or the pound.
Owner means any person or
persons, firm, corporation, organi-
zation, department, or association
owning, possessing, harboring,
keeping, having an interest in, or
having care, custody or control of
a dog.
Potentially dangerous dog
means a dog that:
(1) Has when unprovoked, in-
flicted a bite on a human or do-
mestic animal on public or private
property;
(2) Has when unprovoked,
chased or approached a person,
including a person on a bicycle,
upon the streets, sidewalks or any
public or private property, other
than the owner's property, In an ap-
parent attitude of attack;
(3) Has a known propensity,
tendency or disposition to attack
unprovoked, causing injury or oth-
erwise threatening the safety of hu-
mans or domestic animals;
Has previously been declared a
"potentially dangerous dog" pur-
suant to Minn. Stats. §§ 347.50 to
347.565 by the animal control au-
thority of another jurisdiction.
Proper enclosure means se-
curely confined indoors or in a
securely enclosed and locked pen
or structure suitable to prevent the
dog from escaping and to provide
protection for the dog from the el-
ements. 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 volition, or any
house or structure in which win-
dows are open or in which door or
window screens are the only bam-
ers which prevent the dog from ex-
iting. The enclosure shall not allow
the egress of the dog in any manner
without human assistance. The en-
closure shall contain a self-closing
and self-locking gate, which shall
be locked at all times when the dog
is in the enclosure.
Provocation means an act that
an adult could reasonable expect
may cause a dog to bite or attack.
Substantial bodily harm means
bodily injury that involves a tempo-
rary but substantial disfigurement,
or that causes a temporary but
substantial loss or impairment of
the function of any bodily member
or organ or that causes a fracture of
any bodily member.
(4) Unprovoked means the con-
dition in which the dog is not pur-
posely excited, stimulated, agitated
or disturbed.
Passed and adopted by the City
Council of the City of Elk River this
15th day of October, 2018.
John J. Dietz
Mayor
ATTEST: Tina Allard
City Clerk
Published in the
Star News
October 27, 2018
871807