Loading...
HomeMy WebLinkAbout0559 ORDINANCE NO. 559 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5 OF THE LAKEVILLE CITY CODE CONCERI~TING ANIMALS THE CITY COUNCIL OF THE CITY OF .LAKEVILLE ORDAINS: SECTION 1. Section 5-1-1 of the Lakeville City Code is amended by adding the following definition: POTENTIALLY Any dog that (1) when unprovoked, inflicts bites on a human DANGEROUS DOG: or domestic animal on .public or private property; (2) when unprovoked, chases or approaches a person, including a person upon a bicycle, upon the streets, sidewalks, or any public or private. property, other than the dog.. owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack. unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. SECTION2. Section 5-1-9(B) of the Lakeville City Code is amended by deleting Subsection 1. SECTION 3. Section 5-1-11-1(A) of the Lakeville City Code is amended.. to read: A. Impoundment: Any dog found in violation of this Chapter may be taken up by such officers as the City Council shall designate and impounded in the animal shelter and there confined in a humane manner. If not claimed prior. thereto by ..the owner., it shall thereafter become the: property of the City and as provided in Section 5-1-11-5, may be disposed of in a humane manner or placed in the custody of some other suitable person or institution. If a dog is .destroyed pursuant to this Chapter, the license. for such dog shall expire. 26739 SECTION 4. The Heading of Section 5-1-11-2 of the Lakeville City Code is amended to read: ~-l 11-2: PROCEEDINGS FOR IIVIPOUNDl~1ENT OR DESTRUCTION OF CERTAIN ANIMALS: SECTION Section 5-1-Y1-2 of the Lakeville City Code is amended by adding Subparagraph F to read:.. F. Impoundment of Inhumanely Treated Animals:. All animals seized on behalf of the City under Minn. Stat. 343.22 or 343.29 for. cruel treatment to an animal. must be held for redemption by the owner for at least ten (10) days unless a veterinarian authorizes immediate destruction of the animal. In the case of an animal raised for , food or fiber products, the animal may not be seized or disposed of without .prior examination by a licensed veterinarian pursuant to a warrant issued by a judge. 1. Security: A.person claiming an interest in an animal seized under Minn. Stat. § § 343.22 or 343:29 may prevent disposition of the animal by posting security in an amount sufficient to .provide for the animal's.. actual costs of care and keeping. The security must be posted within ten (10} days of the seizure inclusive of the date of the. seizure. 2. Notice: The City must give notice of this subparagraph by deli~-ering or mailing it to a person claiming an interest in the animal or by posting a .copy of it at the place where .the animal is taken into .custody or by delivering it to a person residing on the property, and telephoning. if .possible. The notice must include:. (a} a description of the animal seized; the authority and. purpose for the seizure; the time, place, and :circumstances .under which the animal was seized; and the. location, address, telephone number,. and contact person where the animal is kept; (b) a statement that a person claiming an interest in the animal may post security to .prevent disposition of the animal and may request a hearing concerning the seizure or impoundment and thatfailure to do so within ten (10) days of the date of the notice will .result in disposition of the animal; 26739 2 (c) a statement that all actual costs of the care, keeping, and disposal of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and (d) a form that can be used by a person claiming an interest in the animal for requesting a hearing under this subdivision. Upon .request of a person claiming an interest in the animal, if made within ten (10) days of the date of seizure, a hearing must be held within five (5) business days of the request, to determine the validity of the seizure and impoundment. In the case of a seizure pursuant to a warrant issued under Minn. Stat. § 343.22, the hearing must be held by the judge who issued the warrant. In the case of a seizure under Minn. • Stat. § 343.29; the City may either (a) authorize a licensed veterinarian with no financial interest in the matter or professional association with either party, or (b) use the services of a hearing officer to conduct the hearing. A person claiming an interest in the animal who is aggrieved by a decision of the hearing officer may seek a court order governing the seizure or impoundment within five (5) days of notice of an order. SECTION 6. Section 5-1-11-4 of the Lakeville City Code is amended to read: 5-1-11-4: TREATMENT DURING IMPOUNDMENT: Any .animal .which is impounded in the City pound shall be kept with kind treatment and sufficient food, water, and shelter for the animal's comfort, in accordance with the laws of the State of Minnesota. SECTION 7. Section 5-1-11-5 of the Lakeville City Code is amended by amending Subparagraphs A, B, C, .and D, to read: A. Length of .Impoundment: Except as otherwise provided in this Chapter, .all animals seized by or on behalf of the City must be held for redemption by the owner for at least five (5) regular business days of the impounding agency. If such animal has bitten a person, or is suspected of being rabid or believed to have been exposed to rabies, it shall be kept as specified in Section 5-1-11-3 . For purpose of this Chapter, "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. 26739 3 B. Reclaiming Impounded .Animals: Before reclaiming a dog or other animal, the owner shall pay an impounding fee as determined by Council resolution, plus the cost to the City of keeping the .animal in the pound. ` If at the end of the .impounding .period, the animal is not reclaimed by the owner, such animal shall _be deemed to .have been abandoned and may be .sold to any person, :except as provided in Subparagraphs C and D of this, Section. If the animal. requires a Lakeville license, such license shall also be .obtained before the animal _is released. C. Unclaimed and Unredeemed Animals: At the end of the five (5) day period, all animals which remain unredeemed must be .made available to any licensed institution, as defined in Minn.. Stat. § 35.71, subd. 1, which has requested that number of animals, under the terms provided under Minn. Stat. § 35:71. If such animal is not required by a licensing institution, the. animal may be sold to any person. If the purchaser of the. animal keeps or harbors' the animal in the City, any required license shall be obtained before possession of the animal is given. to the purchaser. ` If any animal. is not reclaimed, released to an institution, or sold,. .then it may be destroyed in a humane manner.. D. Reclaimed or Released Dogs: If an impounded dog requires a City license, such license shall also be obtained before the dog is released.. No d©g shall be released ..until sufficient proof of vaccination has been shown. If no proof of vaccination can be shown the dog. may be released, but the. City Clerk or pound keeper shall issue a notice requiring the owner to produce proof. of vaccination within ten (10) ; days of release. If proof of vaccination is not produced .within ten (10) days, the City may issue a citation. SECTION 8. .Section 5-1-13 of the Lakeville City Code is amended to read: 5-1-13: REPORTS BY POUNDKEEPER; The City pound must maintain. the following .records of the animals in custody, and preserve the records for at least six months: A. the description of the animal by species, breed, sex, approximate age,. and other distinguishing .traits; B. the location at which the animal was seized; C. the date of seizure;. D. the name and address of the person from whom any animal. three months of age. or over was received: and 26739 E. the. name and address o the person to whom any animal three. months of age or over was transferred. The records must be in a form permitting easy perusal by the public and open to the public during regular business hours. SECTION 9. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 18th day of September , 1995, by the .City .Council of the City of Lakeville. CITY OF LAKEVILLE ~ ~ Duane R. Zaun, ~Vla~or ATTEST: Charlene Friedges, Ct~ .Clerk 26739 5 PUBLIC NOTICE ORDINANCE NO. 559 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5 OF THE L 966 'uogoJodJo) uospnH uoiAod to hiolps9ns o ' A, B, C, and D, A. Length of In. wise provided ir. seized •swauaq IIn; aF awns `uol}eool /U[ iiepo: He� pow puy • (AiesseoeL, xBaAe sews} i siunoos!p unoos!p aao}S s,ukA alAi sa5enn anliqadwo3 • :Aofua ihnoA `aaquaav Monson Lawn & Snov Ft/Pt Openings Bonuses, Paid Vacatic Dean, 469-1835 WAREHOUSE JOI W/DEUVERY Full -time -permanent. Varied d good driving record, benefits I Experience a plus Terra Products Tim 469-3500 NEED A HELPING H Try Life & Times emplo ads. They're low cost anti tive. Ca11469-2181. .wd 0€:0I Pun we 09:9 s sAaqweliv we pue eoin.ias poc .sewn pue •weal eq to d 6uiwt noi( anl6 suo;daoaa E 8800-Oz6 .iaiva0 alepyunas 0088-C8L IIeW UNIO1LIlON ...;* 00g9-868 aalua0 alllnsuans DOMINO'S PIZ2 is now hiring SAFE DRIVER $50 Bonus FREE Tank of G Earn $10-$12 per he Domino's Pizza is now hiring time, full-time delivery drive you are 18 years old, have a drivers license, automobile ir ance, a good driving record access to a car, you can ear average of $10-$12 an how Also hiring PIZZA MAKER DOMINO'S PIZ2 8800-1 • .ia.u00 ales AtialcileHeAe suoli.isod awn- pue 11na Lizol RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.80 per column inch. (2) Maximum rate allowed by law for the above matter: $14.80 per column inch. (3) Rate actually charged for the above matter: $8.52 per column inch, 1st week and $8.10 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 559 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 23rd day of September , 1995; 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: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 26th day of September , 1995. Notary Public VVVVVVVVVVVVVV` VV,V VVvvVvV. BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31-00