HomeMy WebLinkAboutOrdinance - 21-2006 - Amending City Code by adding 9.07, Relating to Dangerous Dogs - 08/15/2006 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESTOA
ORDINANCE NO. 21-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE BY ADDING TO SECTION 9.07,SUBDIVISION 20 RELATING TO ADOPTION OF
STATUTES BY REFERENCE;SUBDIVISION 21 RELATING TO DANGEROUS AND
POTENTIALLY DANGEROUS DOGS PROCEDURES;SUBDIVISION 22 RELATING TO
PROCEDURES FOR DESTRUCTION OF DOGS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
l 2 d 22 as follows:
Section Section 9.07 is amended b adding Subdivisions 0 21 an y g ,
Subd. 20. Adoption of Statues by Reference. Minnesota Statutes §§ 347.50-.347.56 inclusive
(2005) are hereby adopted by reference. One copy marked as the official copy shall be filed for use
and examination by the public in the office of the City Clerk.
Subd. 21. Procedures for Determination of Dangerous and Potentially Dangerous Dogs
A. When the Chief of Police has determined that a dog is a dangerous dog or a potentially
dangerous dog, the Chief of Police shall notify the owner in writing of that determination.
The notice shall include the basis or bases on which the determination has been made and a
description of the evidence supporting such basis or bases.The notice shall further advise the
owner that he may appeal the determination,by filing with the City Clerk his written request
for a hearing, within fourteen (14) days after the date contained in the notice. If the owner
does not request a hearing within the fourteen(14)days,the Chief of Police's determination
shall be final.
B. If the owner requests a hearing, the date for the hearing shall be set not more than fourteen
(14) days after receipt of the request for hearing. The hearing shall be held by the Hearing
Officer, who may be appointed by the City Manager and who may be an employee of the
City. Upon conclusion of the hearing,the Hearing Officer shall,within ten(10)days,make
his decision which reverses or affirms the determination that the dog is a dangerous dog or a
potentially dangerous dog and shall notify the owner in writing of his decision ("Hearing
Officer's Notice of Decision"). If the Hearing Officer's decision is to affirm the
determination,he shall include in the Hearing Officer's Notice of Decision his findings and
conclusions supporting his decision.
C. The Hearing Officer's Notice of Decision shall also advise the owner that he may appeal the
decision of the Hearing Officer to the Council by filing a notice in writing of the owner's
appeal with the City Clerk within fourteen(14)days after the date contained in the Hearing
Officer's Notice of Decision. If the owner does not file his notice of appeal within fourteen
(14) days, the Hearing Officer's decision shall be final.
on the evidence and record of the
D. The Council's consideration of the matter shall be based u
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proceedings g
roceedin s before the Hearin Officer. The Council shall consider the matter within thirty
(30)days after filing of the notice of appeal and may affirm or reverse the Hearing Officer's
decision. In either event, the Council's decision shall be final.
Subd.22. Procedures for Destruction of Dogs.To afford a dog owner an opportunity for a hearing
for the destruction of a dog pursuant to Minnesota Statutes§ 347.56(2005),the procedures specified
in Section 9.07, Subdivision 21 shall be followed, except that the Hearing Officer shall be an
Administrative Law Judge from the Office of Administrative Hearings or other impartial decision-
maker and the Hearing Officer's decision shall be final,except however,the Council may reverse the
Hearing Officer's decision to destroy a dog.
Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the
Entire City Code including Penalty for Violation" and Section 9.99 are hereby adopted in their
entirely by reference as though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1 st
day of August 2006 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 15th day of August 2006.
�x—
k hfed Porta, City Clerk N cy -L s, a r
PUBLISHED in the Eden Prairie Sun Current on [ �,,%L��✓7` a� , 2006.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 21-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE BY ADDING TO SECTION 9.07, SUBDIVISION 20 RELATING TO
ADOPTION OF STATUTES BY REFERENCE;SUBDIVISION 21 RELATING TO
DANGEROUS AND POTENTIALLY DANGEROUS DOGS PROCEDURES;
SUBDIVISION 22 RELATING TO PROCEDURES FOR DESTRUCTION OF DOGS;
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99
WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance adopts by reference Minnesota Statutes Sections 347.50—
347.56 inclusive (2005). The ordinance establishes procedures for the determination of
dangerous and potentially dangerous dogs and the procedure for the destruction of a dog
pursuant to Minnesota Statutes Section 347.56.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kat een Aorta, City Clerk 4an yra , or
PUBLISHED in the Eden Prairie Sun Current on �Otd-d
(A full copy of the text of this Ordinance is available from City Clerk.)
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 Fi-
nancial Officer of the newspaper known as Sun-Current
and has full knowledge of the facts stated below:
(A)The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic-
able laws, as amended.
(B)The printed public notice that is attached was published in the newspaper once each
week,for one successive week(s);it was first published on Thursday,the 24 day
of August ,2006, and was thereafter printed and published on every Thursday
to and including Thursday,the day of ,2006;and printed below is
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefgh iJ kl m nopq rstuvwxyz
r
BY: �— )mmunity
FO
Subscribed and sworn to or affirmed before me
City of Eden Prairie
on this 24 day of August 2006. (Official Publication)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 21-201t6
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING CITY CODE BY ADDING TO
Notary P blic SECTION 9.07,SUBDIVISION 20 RELATING TO ADOP-
TION OF STATUTES BY REFERENCE;SUBDIVISION
21 RELATING TO DANGEROUS AND POTENTIALLY
DANGEROUS DOGS PROCEDURES;SUBDIVISION 22
MARY ANN CARLSON RELATING TO PROCEDURES FOR DESTRUCTION OF
DOGS;AND ADOPTING BY REFERENCE CITY CODE
NOTARY PUBLIC-MINNESOTA CHAPTER 1 AND SECTION 9.99 WHICH AMONG
MY COMMISSION EXPIRES 1-31-09 OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
MINNESOTA,ORDAINS:
Summary: This ordinance adopts by reference Minneso-
RATE INFORMATION to Statutes Sections 347.50-347.56 inclusive(2005).
The ordinance establishes procedures for the determina-
tion of dangerous and potentially dangerous dogs and the
(1) Lowest classified rate paid by commercial users $ 2.85 per line procedure for the destruction of a dog pursuant to Min-
nesota Statutes Section U7.56.
for comparable space Effective Date:This ordinance shall take effect upon pub-
Ilcation.
(2)Maximum rate allowed by law $ 6.20 per line Nancy Tyra-Lukens,Mayor
ATTESTL Kathleen Porte,City Clerk
(3) Rate actually charged $ 1 per line PUBLISHED in the Eden PraMe Sun Current on August
.30 24,2006.
(A f ll cop of the text of this Ordinance is available from
City (Aug.24,2006)d4/21-2006 Summary