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May 5, 2004     Sentinel Tribune
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May 5, 2004
 

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TRIBUNE Public Notice Wednesday, May 5, 2004 Page 13 NO 94-A ORDINANCE REGU- POTENTIALLY DOGS AND THE FEE TO FOR A City Council of ordains: 1: PURPOSE. Council finds that Statutes 347.53 !it to regulate potentially dogs, and further regulating such dogs the health, safe- of persons in the City Council further Minnesota Statutes ! allows for the imposi- an annual fee not to $500 to obtain a certifi- tstration for a dan- 2. DEFINI- The following terms in this ordinance are as set forth below: The terms "dog" and shall have the mean- assigned to them in No. l 19 of this City. The terms "potentially dog" and "dangerous have the meanings to them in Minnesota .50. "City'" shall mean the Wesibrook. 3: NOTICE OF Chief of Police of ity determines that a dangerous dog is in, m. or may enter, the he/she may cause a of Potentially Dog" to be issued to of such dog. Such shall be in writing and be shall be accompanied by of this ordinance, and at least the follow- The name and address of !whom the notice is sent. description of the dog, such information as reasonable available. The behaviors or infor- which led to the deter- that the dog was Ily dangerott that the cor- action specified in sub- B of SECTION 3 of must be taken in to the dog. An advisory that future behavior by the dog result in it being found to dog. a dog has been to be potentially the following cor- action must be imple- by the owner not later days from the date of specified in subpara- BETTER BOARD MEMBERS A microchip must be in the dog for identi- and the name of the manufacturer, identi- number of the and written proof of must be provided City Clerk. All implanta- shall be borne by the owner. ii) At all times, except when inside a kennel as deribed in Ordinance No 119 of this City or inside a building, the dog shall be muzzled with a muzzle 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. iii) Owner shall pay a fee of $50 to the City Clerk to assist in covering the additional expense of administration incurred in dealing with the potentially dangerous dog. C. In reaching a determina- tion that a dog is potentially dangerous as provided in sub- paragraph A, above, the Chief of Police may use any reliable evidence pertaining to the cir- cumstances involved, including but not limited to reports from other law enforcement agen- cies. It shall not be necessary that the acts of the dog which resulted in the determination that the dog was potentially dangerous occurred within the City. SECTION 4. SALE OR TRANSFER OF POTENTIAL- LY DANGEROUS DOG. If an owner of a dog deter- mined to be potentially danger- ous, having been sent a notice as provided in subparagraph A of SECTION 3, above, shall sell or give away the dog involved, such owner shall obtain and provide to the City Clerk within 7 days of the date of selling or giving away the dog, a written receipt, signed and acknowledged before a notary public by the new owner, stating that the new owner has come into ownership of the dog, has been advised that the dog has been deter- mined to be a potentially dan- gerous dog by the City, and that the new owner understands that, should the dog be kept in or brought into the City, the corrective action specified in subparagraph B of SECTION 3, above, to the extent not com- pleted by the previous owner, must be undertaken as to the dog within 10 days, or prior to the dog being brought into the City, whichever shall occur later. Such receipt shall clearly state the name and residence address of the new owner. A new owner obtaining a dog pre- viously determined to be a potentially dangerous dog shall also obtain such a receipt and provide same to the City Clerk within 7 days if the new owner shall thereafter sell or give away the dog. If any dog previ- ously determined to be a poten- tially dangerous dog shall die, the owner of the dog shall, within 14 days of the date of death, provide to the City Clerk a written affidavit stating the circumstances of and date of death, and details as to the dis- posal of the dog's remains. If an owner of a dog previously determined to be a potentially dangerous dog by any govern- mental entity other than the City shall bring such dog into the City, such owner shall, within 14 days, provide to the City Clerk proof of microchip implantation as provided for in subparagraph B of SECTION 3 H E L P VTA r',i TED LAK ESHOP, E PR()PERTIES Walnut Grove, MN 27th annual outdoor drama based on the life of Laura Ingails Wilder July9-10-11, 16-17-18, 23-24-25 Pageant Tickets Tourist Information 888-859-3102 888-528-7298 BUSINESS OPP()R-[ t Jb,JlTl:' Cooks. Cleans. Heats. Saves. He's got multi-tasking down pat. Propane does so manythings so well. To learn more, visit WWW MNPROFANE,COM Your Professional MN Propane Dealers 1-877-252-0171 of this ordinance and shall pay the $50 fee provided for in said subparagraph: such owner shall also be required to comply with the muzzling requirements set forth in said subparagraph. A party becoming an owner of a dog previously determined to be potentially dangerous, shall within 14 days of becoming such an owner, provide to the City Clerk a description of the dog involved and the owner's name and address, and shall be required to re-license the dog with the City. SECTION 5. EXEMP- TIONS. A dog may not be declared potentially dangerous if the threat, injury or damage was suffered by a person or domestic animal where: A. Such person, at the time, was committing a willful tres- pass or other tort upon the premises occupied by the owner of the dog, B. Such domestic animal was at large illegally upon the premises occupied by the owner of the dog. C. Such person was provok- ing or abusing the dog, or was a person who can be shown to have repeatedly, inthe past, provoked or abused the dog. D. Such person was commit- ting or attempting to commit a crime. A dog may also not be declared potentially dangerous where the dog is used by law enforcement officials for police work. SECTION 6. PENALTIES, A. An owner of a dog who has been .sent a notice as pro- vided in subparagraph A of SECTION 3 of this ordinance who fails to timely undertake the corrective action required in said notice as to the dog and who thereafter keeps or brings the dog within the City shall be guilty of a misdemeanor, and the court involved may provide for confiscation and disposal of the dog at the expense of the owner. An owner of a dog declared potentially dangerous who thereafter keeps or brings the dog within the City and fails to keep the dog muzzled as required in this ordinance shall be guilty of a misdemeanor B. An owner of a dog who, after having been sent a notice as provided in subparagraph A of SECTION 3 of this ordi- nance, sells, gives away or oth- erwise disposes of the dog involved without obtaining the receipt required in SECTION 4 of this ordinance and timely providing said receipt to the City Clerk shall be guilty of a misdemeanor if the dog: i) Thereafter is kept or brought within the City, or, ii) The acts, or any of them, which resulted in the dog being determined to be potentially dangerous occurred within the City. C. An owner of a dog who fails to comply with any provi- sion of SECTION 4 of this ordinance, or any person who shall provide false information in any document filed with or presented to the City pursuant to this ordinance, shall be guilty of a misdemeanor. SECTION 7, REVIEW, Any owner who is sent a notice of potentially dangerous dog may request in a writing stating the reasons therefor, filed with the City Clerk, that the City Council set aside such determi- nation. The request must be made within 14 days of the date of said notice. The City Council, at its next regular meeting occurring at least 10 days thereafter, shall review the determination and either affirm or set aside same. Beginning six months after a dog has been determined to be a potentially dangerous dog, an owner may request, not more frequently than every, six months, the City Council review the determina- tion; the owner shall provide evidence that the dog's behav- ior has chang.ed due to the dog's age, neutering, environment, completion of obedience train- ing that includes modification of aggressive behavior, or other factors in order to support the requested review. If the City Council finds sufficient evi- dence that the dog's behavior has materially changed, the determination that the dog is potentially dangerous may be rescinded. SECTION 8. FEE FOR DANGEROUS DOG. In addi- tion to any regular dog licens- ing fees, an owner shall pay a fee of $500 to the City to obtain any certificate of registration for a dangerous dog to be issued under Minnesota Statutes 347.5 !. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect the day after publi- cation thereof. PASSED on May 3, 2004. Harold Schmidt Mayor Attest: Rachel Christians City Clerk PEOPLE WHO READ NEWSPAPERS ARE It all starts with Newspapers Osteoartl--itis of the Lumbar Spine What can you do to help yourself? Osteoarthritis of the lumbar spine affects over 1 million Americans. Treatment ranges from physical therapy and exer- cise to a sometimes unavoid- able surgery depending on the severity of the case. 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