ORD 09-08Ordinance No. 09 w 08
City of Elk River
An ordinance of the City of Ells liver amending Chapter to of the Elk River City Code of
Ordinances to regulate Dangerous and Potentially Dangerous Dogs
The City Council of the City of Elk River does hereby ordain as follows:
Section 1 — That Chapter 10 of the Elk River City Code of Ordinances shall be amended
to add new Article IV, as follows:
Article IV. Dangerous and Potentially Dangerous Dogs
Section 10 -90 - Adoption by Reference. Except as otherwise provided in this Section, the
regulatory and procedural provisions of Minnesota Statutes, Sections 347.50 to 347.565
(commonly referred to as the "Dangerous Dog Regulations "), are adopted by reference.
Section 1091 d Definitions. Definitions in this Section shall have the following
meanings:
.Dangerous Dag 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 Minnesota Statutes,
Sections 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 Dearing 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.
CADocurnents and Settingsljjohnson\Local Settings\Temporary Internet Filesl01-K490angerous Dog.DOC
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.
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.
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, or
(3) Has a known propensity, tendency or disposition to attach unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals.
(4) Has previously been declared a Potentially Dangerous Dog pursuant to Minnesota
Statutes, Section 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 or kennel shall meet the following minimum
specifications:
(1) A minimum overall floor size of 32 square feet.
(2) Sidewalls shall have a minimum height of five feet and be constructed of 11-
gauge or heavier wire. openings in the wire shall not exceed two inches, support
post shall be one and one-fourth inch or larger steel pipe buried in the ground 18
inches or more. when a concrete floor is not provided, the sidewalls shall be
buried a minimum of 18 inches in the ground.
(3) A cover over the entire pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewalls and openings in the
wire shall not exceed two inches.
(4) An entrance /exit gate shall be provided and be constructed of the same material as
the sidewalls and openings in the wire shall not exceed two inches. The g ate shall
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be self- closing and self-locking. The gate shall be locked at all times when the
dog is in the pen or kennel.
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.
Unprovoked means the condition in which the dog is not purposely excited, stimulated,
agitated or disturbed.
Section 10 -92 - Declaration of Dangerous or Potentially Dangerous Do .
(a) A police officer, community service officer, or animal control officer may declare
a dog to be Dangerous or Potentially Dangerous when the officer has probable
cause to believe that a dog is Dangerous or Potentially Dangerous as defined in
this ordinance or in Minnesota Statutes, Sections 347.50 to 347.565. The
following factors will be considered in determining a Dangerous or Potentially
Dangerous Dog:
(1 whether any injury or damage to a person by the dog was caused while
the dog was protecting or defending a person or the dog's offspring within
the immediate vicinity of the dog from an unjustified attack or assault.
(2) The size and strength of the dog, including jaw strength, and the animal's
propensity to bite humans or other domestic animals.
(3) whether the dog has wounds, scarring, is observed in a fight, or has other
indications that the dog has been or will be used, trained or encouraged to
fight with another animal or whose owner is in possession of any training
apparatus, paraphernalia or drugs used to prepare such dogs to fight with
other animals.
(b) Beginning 6 months after a dog is declared Dangerous or Potentially Dangerous,
an owner may request annually that the City 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 or other factors. If
enough evidence is provided, the City may rescind the designation.
(c) Exceptions.
(1) The provisions of this Section do not apply to dogs used by law
enforcement.
(2) Dogs may not be declared Dangerous or Potentially Dangerous if the
threat, injury, or danger was sustained by a person who was:
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i. Committing a willful trespass or other tort upon the premises
occupied by the owner of the dog;
ii. Provoking, tormenting, abusing or assaulting the dog, or who can
be shown to have a history of repeatedly provoking, tormenting,
abusing, or assaulting the dog; or
iii. Committing or attempting to commit a crime.
Section 1093 - License required. No person may own a Dangerous Dog or a Potentially
Dangerous Dog in the City of Elk River unless the do is licensed as provided in this Section.
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The owner must annually license Dangerous and Potentially Dangerous Dogs with the City and
must license a newly declared Dangerous or Potentially Dangerous Dog within 14 days after
notice that a dog has been declared Dangerous or Potentially Dangerous. Regardless of any
appeal that may be requested, the owner must comply with the requirements of Minnesota
Statutes, Section 347.52 (a) and (c) regarding Proper Enclosures and notification to the City upon
transfer or death of the dog, until and unless a hearing officer or court of law reverses the
declaration.
(a) Process for Dangerous Dogs. The City will issue a license to the owner of a
Dangerous Dog if the owner presents sufficient evidence that:
(1) There is a Proper Enclosure;
(2) written proof that there is a surety bond by a surety company authorized
to conduct business in Minnesota in the sum of at least $500,000, payable
to any person injured by a Dangerous Dog, or receipt of a copy of a policy
of liability insurance issued by an insurance company authorized to do
business in Minnesota in the amount of at least $500,000, insuring the
Owner for any personal injuries inflicted by the Dangerous Dog. Such
surety bond or insurance policy shall provide that no cancellation of the
bond or policy will be made unless the City is notified in writing by the
surety company or the insurance company at least 10 days prior to such
cancellation;
(3) The Owner has paid the annual license fee;
(4) The owner has had a microchip identification implanted in the Dangerous
Dog. The name of the microchip manufacturer and identification number
of the microchip must he provided to the City. If the microchip is not
implanted by the owner, it may be implanted by the City at the owner's
expense;
(5) The owner provides proof that the dog has been sterilized. If the owner
does not sterilize the dog within 30 days, the City shall seize the dog and
sterilize it at the owner's expense. If the owner has requested a hearing
pursuant to Section 1099, the sterilization need not be performed until the
hearing officer has reached a decision; and
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(6) The remaining requirements of this Article IV and this Section 10 -93,
including the inspection and posting of the warning symbol, have been
met.
(b) Process for Potentially. Dangerous Dogs. The City will issue a license to the
Owner of a Potentially Dangerous Dog if the Owner presents sufficient evidence
that:
(1) There is a Proper Enclosure or other secured area which has been
inspected and approved by the City;
(2) The owner has paid the annual license fee;
(3) The Owner has had a microchip identification implanted in the Potentially
Dangerous Dog. The name of the microchip manufacturer and
identification number of the microchip must be provided to the City. If
the microchip is not implanted by the Owner, it may be implanted by the
City at the Owner's expense; and
(4) The remaining requirements of this Article IV and this Section. 10 -93,
except subparts (d) and (e), have been met.
(c)
Inspection. A pre - license inspection of the premises to insure compliance with
the City Code is required. If the City issues a license to the Owner of a
Dangerous or Potentially Dangerous Dog, the City shall be allowed at any
reasonable time to inspect the dog, the Proper Enclosure and all places where the
animal 'is kept.
(d) warning Symbol. The Owner of a Dangerous Dog licensed under this Section
must post a sign with the uniform dangerous dog warning symbol on the property
in order to inform children that there is a Dangerous Dog on the property. The
sign will be provided by the City upon issuance of the license.
(e) Tags. A Dangerous Dog licensed under this Section must wear a standardized,
easily identifiable tag at all times that contains the uniform dangerous dog
symbol, identifying the dog as Dangerous. The tag shall be provided by the City
upon issuance of the license.
License Fee. The City will charge the Owner an annual license fee for a
Dangerous or Potentially Dangerous Dog. The license fee shall be established by
the City Council and shall be in addition to the registration dog license fees.
Section 10 -94 - PLoTerly Restrained in Proper Enclosure or outside of Proper Enclosure.
(a) Dan Brous Dog. While on the Owner's property, the Owner of a Dangerous Dog
must keep it in a Proper Enclosure. Inside a residential home, there must be a
secured area maintained where the Dog will stay when persons other than family
members are present. If the Dog is outside the Proper Enclosure, the Dog must be
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muzzled and restrained by a substantial chain or leash no longer than 4 feet and
under the physical restraint of an adult. The muzzle must be made in a manner
that will prevent the Dog from biting person or animal but that will not ca
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injury to the Dog or interfere with its vision or respiration.
(b) Potentially Dangerous Do . While on the owner's property, the owner of a
Potentially Dangerous Dog must keep it inside a building which the Dog cannot
exit of its' own volition, or within a fenced or other secured area inspected and
approved by the City which the Dog cannot exit of its' own volition. If the Dog is
off the owner's property, the Dog must be muzzled and restrained by a
substantial chain or leash no longer than 4 feet and under the physical restraint of
an adult. The muzzle must be 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 interfere
with its vision or respiration.
Section 10 -95 - Notification Requirements to City.
(a) Relocation or Death. The owner of a dog that has been declared Dangerous or
Potentially Dangerous must notify the City Clerk in writing if the dog is to be
relocated from its current address or if the dog has died. The notification must be
given in writing within 3 o days of the relocation or death. The notification must
include the current owner's name and address, and the new owner's name and
the relocation address. If the relocation address is outside of the City, the City
may notify the local law enforcement agency of the transfer of the dog into its
jurisdiction.
(b) Renter's Obligations. A person who owns or possess a Dangerous or Potentially
Dangerous Dog and who will rent property from another where the dog will
reside must disclose to the property owner prior to entering the lease agreement
and at the time of any lease renewal periods that the person owns or possesses a
Dangerous or Potentially Dangerous Dog that will reside at the property. A dog
Owner, who is currently renting property, must notify the property owner within
14 days of City notification if the owned dog is newly declared as Dangerous or
Potentially Dangerous and the owner keeps the dog on the property.
�c} Transfer of Ownership into the City. No dog that has been previous) determined
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to be Dangerous or Potentially Dangerous by another jurisdiction shall be kept,
owned or harbored in the City unless the dog's owner complies with the
requirements of this Section prior to bringing the dog into the City. Dogs in
violation of this subsection are subject to impoundment and destruction.
Section 10 -96 - Seizure. Animal control may immediately seize any Dangerous or
Potentially Dangerous Dog if:
(a) After 14 days after the owner has notice that the dog is declared Dangerous or
Potentially Dangerous, the dog is not validly licensed and no appeal has been
filed;
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(b) After 14 days after the Owner has notice that the dog is Dangerous, the owner
does not secure the proper liability insurance or surety coverage as required or
such required insurance is cancelled;
(c) A Proper Enclosure, if required, has not been provided;
(d) The dog is not under proper restraint, as required by City Code Section 10 -94;
(e) After 30 days after the owner has notice that the dog is Dangerous, the dog is not
sterilized, as required by City Code Section 10- 93(a)(5); or
(f� The dog's microchip has been removed.
Section 10 -97 - Reclamation. A dog seized under Section 10 -96 may be reclaimed by the
Owner of the dog upon payment of Maintenance Costs, and presenting proof to animal control
that the requirements of this Section have been met. A dog not reclaimed under this section
within 7 days may be disposed of and the owner will be liable to the City for Maintenance
Costs. A person claiming an interest in a seized dog may prevent disposition of the dog by
posting a security in an amount sufficient to provide for the dog's Maintenance Costs. The
security must be posted with the City within 7 days of the seizure inclusive of the date seized.
Section 10 -95 - Subsequent Offenses; Seizure. If a person has been convicted of
violating a provision of this Section, and the erson is charged with a subsequent violation
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relating to the same dog, the dog must be seized. If the Owner is convicted of the crime for
which the dog was seized, the court may order that the dog be destroyed in a proper and humane
manner and the owner pay the Maintenance Costs. If the Owner is not convicted and the dog is
not reclaimed by the owner within 7 days after the owner has been notified that the dog may be
reclaimed, the dog may be .disposed of, used for research, or destroyed.
Section 10 -99 - Notice, Hearings.
(a) Notice. After a dog has been declared Dangerous or Potentially Dangerous or has
been seized for destruction, the City shall give notice by delivering or mailing it
to the Owner of the dog, or by posting a copy of it at the place where the dog is
kept, or by delivering it to a person residing on the property, and telephoning, if
possible. The notice shall include:
(1) A description of the seized dog; the authority for and purpose of the
declaration and seizure; the time, place, and circumstances under which
the dog was declared; and the telephone number and contact person where
the dog is kept;
(2) A statement that the owner of the dog may request a hearing concerning
the declaration and that failure to do so within 14 days of the date of the
notice will terminate the owner's right to a hearing;
(3) A statement that if an appeal request is made within 14 days of the notice,
the owner must immediately comply with the requirements of Minnesota
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Statutes, Section 347.52, paragraphs (a) and (e) regarding Proper
Enclosures and notification to the City upon transfer or death of the dog,
until such time as the hearing officer issues an opinion;
(4) A statement that if the hearing officer affirms the Dangerous Dog
declaration, the Owner will have 14 days from receipt of that decision to
comply with all other requirements of Minnesota Statutes, Sections
347.51, 347.5 15, and 347.52;
(5) A form to request a hearing; and
(6) A statement that if the dog has been seized, all Maintenance Costs of the
care, keeping, and disposition of the dog pending the outcome of the
hearing are the responsibility of the Owner, unless a court or hearing
officer finds that the seizure or impoundment was not substantially
justified by law.
(b) Right to Hearing.
(1 } After a dog has been declared Dangerous, Potentially Dangerous or has
been seized for destruction, the Owner may appeal in writing to the_ City
within 14 days after notice of the declaration or seizure. Failure to do so
within 14 days of the date of the notice will terminate the Owner's right to
a hearing. The owner must pay a $100 fee for an appeal hearing.
(2) The appeal hearing will be held within 14 days of the request. The
hearing officer must be an impartial employee of the City or an impartial
person retained by the City to conduct the hearing.
(3) Pending the hearing, the dog may be seized and kept by the animal control
authority unless the owner shows proof that the dog is properly licensed
and has met the requirements for rabies vaccinations; keeps the dog in a
proper enclosure unless restrained on a leash with a muzzle and otherwise
demonstrates to the animal control authority that the dog under its present
circumstances does not present an unreasonable risk of harm to persons or
other domestic animals.
(4) The records of the animal control authority, any police reports relating to
an attack or bite, medical records and all reliable hearsay shall be
admissible for consideration by the hearing officer without further
foundation.
(5) The animal control authority may be represented by the City of Elk River
prosecutor's office. The owner may be represented by private legal
counsel, although the owner does not have the right to an attorney at
public expense.
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(6) At the hearing, both the owner and the animal control authority may
present the testimony of live witnesses; cross - examine witnesses, and
present documentary evidence.
(7) The burden of proof shall be upon the animal control authority. The
standard of proof shall be clear and convincing evidence if the authority
seeks to destroy the dog; in other cases it shall be by a preponderance of
the evidence.
�8} After considering all evidence pertaining to the dog, the hearing officer
shall make such order as they deem proper, including ordering the animal
control authority to take the dog into custody if the dog is not currently in
custody.
(9) Any person who fails or refuses to release the dog to the animal control
authority or law enforcement agent upon demand, or after it has been
found by a hearing officer to be dangerous and ordered into custody, shall
be guilty of a misdemeanor.
(10) Authority to order destruction: The hearing officer, upon finding that a
dog is dangerous hereunder, is authorized to order, as part of the
disposition of the case, that the dog be destroyed based on a written order
containing findings of fact establishing that each of the following criteria
are present:
The dog is dangerous, as demonstrated by a vicious attack, an
unprovoked attack, an attack without warning, or multiple attacks;
and
The owner of the dog has demonstrated an inability or
unwillingness to sufficiently control the dog in order to prevent the
injury to persons or other animals; and
The owner cannot, will not, does not, or otherwise refuses to
provide proof of the liability insurance or surety bond as required
in Section I0- 93(a )[2 ).
(l 1 } If the declaration or destruction is upheld by the hearing officer, actual
expenses of the hearing up to a maximum of $1 ,000, as well as all
Maintenance Costs, will be the responsibility of the dog's Owner. The
hearing officer shall issue a decision on the matter within 10 days after the
hearing. The decision shall be delivered to the dog's Owner by hand
delivery or registered mail as soon as practical and a copy shall be
provided to the City. The decision of the hearing officer is final.
Section 10 -100 - Destruction of Certain Do s. The Police Chief and/or hearing officer
are authorized to order the destruction or other disposition of any dog, after proper notice is
given pursuant to Section 10 -99 and upon a finding that:
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(a) The dog has habitually destroyed property or habitually trespassed in a damaging
manner on property of persons other than the owner;
(b) The dog has been declared Dangerous, the owner's right to appeal hereunder has
been exhausted or expired, and the Owner has failed to comply with the
provisions of this Section;
(c) It is determined that the dog is infected with rabies;
(d) The dog inflicted substantial or great bodily harm on a human on public or private
property without provocation;
(e) The dog inflicted multiple bites on a human on public or private property without
provocation;
(f� The dog bit multiple human victims on public or private property in the same
attack without provocation;
(g) The dog bit a human on public or private property without provocation in an
attack where more than one dog participated in the attack; or
(h) The dog poses a danger to the public's health, safety or welfare. In determining
whether the dog poses a danger to the public's health, safety or welfare, the
following factors may be considered:
(1) The dog weighs more than 20 pounds;
(2) The strength of the dog, including jaw strength;
(3) The dog's tolerance for pain;
(4) The dog's tendency to refuse to terminate an attack;
(5) The dog's propensity to bite humans or other domestic animals;
(6) The dog's potential for unpredictable behavior;
(7) The dog's aggressiveness;
(8) The likelihood that a bite by the dog will result in serious injury.
Section 10 -101- Concealing of Dogs. No person may harbor, hide or conceal a dog that
the City has the authority to seize or that has been ordered into custody for destruction or other
proper disposition.
Section 10- 102 - Dog Ownership rohibited.
(a) Except as provided below, a person shall not own a dog if the person has been:
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(1 } Convicted of a 3rd or subsequent violation of City Code Sections 10 -93
10 -94 or 10 -95, or Minnesota Statutes Sections 347.51, 347.515 or 347.52;
(2) Convicted of 2nd degree manslaughter due to negligent or intentional use
of a dog under Minnesota Statutes, Section 609.205 (4); or
(3) Convicted of Gross Misdemeanor harm caused by a dog under Minnesota
Statutes, Section 609.226 Subd. 1.
(b) Any person who owns a Dangerous or Potentially Dangerous Dog and is found to
be in violation of any of the provisions of this Section or had owned a Dangerous
or Potentially Dangerous Dog but never achieved compliance with this Section
may be prohibited from Ownership or custody of another dog for a period of five
years after the original declaration. Any dog found to be in violation shall be
impounded until due process is completed, pursuant to Section 10 -99.
(c) If any member of a household is prohibited from owning a dog by Section 10-
102(a) or (b), unless specifically approved with or without restrictions by the City,
no person in the household is permitted to own a dog.
Section 10 -103 -Dog Ownershi rohibition review. Beginning three years after a
conviction under Section 10- 102(a) that prohibits a person from owning a dog, and annually
thereafter, the person may request in writing to the Police Chief that the City review the
prohibition. The City may consider such facts as the seriousness of the violation or violations
that led to the prohibition, any criminal convictions, or other facts that the City deems
appropriate. The City may rescind the prohibition entirely or rescind it with limitations. The
City also may establish conditions a person must meet before the prohibition is rescinded,
including, but not limited to, successfully completing dog training or dog handling courses. If
the City rescinds a persons prohibition and the person subsequently fails to comply with
py any
limitations imposed by the City or the person is convicted of any animal violation involving
unprovoked bites or dog attacks, the City may permanently prohibit the person from owning a
dog in this state.
Section 10 -104 - Penalties.
(a) Unless stated otherwise, any person who violates a provision of this Section is
guilty of a misdemeanor.
(b) Any person who is convicted of a second or subsequent violation of any provision
of City Code Sections 10 -93, 10 -94 or 10 -95 is guilty of a gross misdemeanor.
(c) Any person who violates City Code Section 10 -102, whether an owner or
household member, is guilty of a gross misdemeanor.
Section 2 - That this ordinance shall be in effect upon publication as provided by law
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Passed and adopted by the City Council of the City of Elk River this day of
2009. —�
ter.
ATTE S
Tina Allard
City Clerk
GP:2627131 Q
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Steph nie Klinzing, Myer
�REE�OOLLPI'ION 09-42
AR ESOLUTION OF THE
CITY OF ELK RIVER
A RESOLUTION
Uq%OVIING NOTICE OF
.UbUdMY PUBLICATION
OF ORDINANCE 1100 -08
AN ORDINANCE
AMENDING CHAPTER 10
OF THE ELK RIVER CITY
CODE TO REGULATE
DANGEROUSAND
POTENTIALLY
DANGEROUS DOGS
WHEREAS, on August. 17,
2009 the `Elk River City Coun-
cil adopted Ordinance 09 -08
amending Chapter 10, of the
Elk River Code of Ordinances
which regulates dangerous and
potentially dangerous dogs; and
WHEREAS, the purpose of the
ordinance is to protect the
health, safety, and welfare of
citizens'by incorporating the
provisions of Minnesota Stat-
utes, Section 347.50 to 347.565
in the City Code, placing
restrictions on.dangerous and
potentially dangerous dogs and
their owners; and
WHEREAS, the ordinance
outlines the process for declar-
ing dangerous and potentially
dangerous dogs, licensing
requirements to owners,,
restrictions that must be fol-
lowed", fees and expenses fore
covering the city's cost, due
_rocess hearing rights, animal
`zure, owner reclaiming an
imal, destruction of certain
dogs, and penalties; and
WHEREAS, a copy of the full;
text of the ordinance is avail-
able for inspection by any per-
son at the office of the'Elk
River City Clerk, 13065 Orono
Parkway, during regular busi-
ness hours 8:00 a.m. to 4:30
p.m.; Monday through Friday;
and
NOW, THEREFORE, BE IT
RESOLVED, that the City
Council, by alt least four -fifths
vote, authorizes the publics-
don of the title and summary of
Ordinance 09 -08 and that
Ordinance 09 -08 shall become
effective upon publication of
this resolution.
Passed and adopted this 17th
day of August 2009.
Stephanie Klinzing,
Mayor
ATTEST:
Tina Allard,
City Clerk
(Ag29)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF SHERBURNE
SS
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all ofthe requirementsconstituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed Resolution 09 -42, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Saturday, the 29th day of August, 2009, and was therefore printed and published on every
Saturday to and including Saturday, the 29th day of August, 2009, 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 publication of the notice
abcdefghij klmnopgrstuvwxyz
Office Manager
Subscribed and sworn to before me on "Ail CINDY M. SC IN10NSK!
4..,
this 29th day of August, 2009 'h
NOTARY PUBLIC
-` MINNESOTA
w
Notary Pub is
RATE INFORMATION
(1) Lowest classified rate paid by $ 20.00
commercial users for comparable space
(line, word or inch rate)
(2) Maximum rate allowed by law for the $ 15,50
above matter
(line, word or inch rate)
(3) Rate actually charged for the above $ 15.00
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