HomeMy WebLinkAboutNo 425 Amending Maplewood Code Chapter 1101 by Adding Section 1101.190 (Dangerous Dogs)ORDINANCE 140. 425
AMENDING MAPLEWOOD CODE CHAPTER 1101
BY ADDING SECTION 1101.190
The Council of the City of Maplewood Ices hereby Ordain as Follows:
Section 1. Section 1101.190 of the Municipal Code is to read as follows:
DESTRUCTION OF DANGEROUS DOGS
The Director of Public Safety shall have the authority to order the destruction
of dangerous dogs.
A dangerous dog is a canine animal which has:
1, bitten two or more people, or
2, caused serious bodily injury or disfigurement to any person, or
3. engaged in any attack on any person under circumstances which would
indicate danger to personal safety.
The Director of Public Safety or his appointee from within the Office of Animal
Control after having been advised of the existence of a dangerous dog may proceed in
the following manner:
(a) The Director of Public Safety shall cause the apparent owner to be notified
in writing or in person that his dog appears to be dangerous. The apparent
owner shall be notified as to dates, times, places and parties bitten, and
shall be given ten (10) days to request a hearing before the Director of
Public Safety for determination as to the dangerous nature of the dog.
1. If the apparent owner does not request a hearing within ten (10) days
of said notice, the Director of Public Safety may order the Animal
Control Officer to take the dog into custody for destruction. If the
dog is ordered into custody for destruction, the owner shall immediately
make the dog available to the Animal Control Officer, and failure to do
so shall be a misdemeanor.
2. If the owner requests a hearing for determination as to the dangerous
nature of the dog, the hearing shall be held before the Director or
Public Safety who shall set a date for hearing not more than three (3)
weeks after demand for said hearing. The records of the Police Depart-
ment shall be admissible for consideration by the Director of Public
Safety without further foundation. After considering all evidence per-
tainin7 to the temperment of the dog, the Director of Public Safety
shall make determination as to whether or not the dog, is dangerous.
If. the dog is found to be dangerous, the Director of Public Safety
shall make such order as he deems proper. The Director of Public Safety
may order the Animal Control Officer to take the dog into custody for
destruction. If the dog is ordered into custody for destruction, the
owner shall immediately make the dog available to the Animal Control
Officer and failure to do so shall be a misdemeanor.
(b) If a dangerous dog is running at large, the Animal Control Officer shall
apprehend the dog and if, upon apprehension, the dog bears no identification
which reasonable reveals it's ownership, the Director of Public Safety shall
impound the dog until the quarantine period is completed. If the dog has
not been claimed, it shall be immediately destroyed.
(c) Any person who harbors a dog after it has been found by the Director of
Public Safety to be dangerous and ordered into custody for destruction shall
by guilty of a misdemeanor.
(d) The Director of Public Safety may, upon application, apply to municipal
court for subpoenaes for hearings under number 2 above.
Section 2.
This ordinance shall take effect and be enforced from now and after its passage
and publication as provided by law.
Passed by the City Council
of Maplewood, Minnesota,
this 23rd day of June, 1977.
Attewti
— Clerk
r,
Mayor
Ayes — 5
;Jays — 0
ORDINANCE NO. 425
AMENDING MAPLEWOOD CODE CHAPTER 1101
BY ADDING SECTION 1101.190
The Council of the City Of Maplewood Does Hereby
Ordain as Follows.
Section 1. Section 1101.190 of the Municipal Code is to
read as follows.
DESTRUCTION OF DANGEROUS DOGS
The Director of Public Safety shall have the authority
to order the destruction of dangerous dogs.
A dangerous dog is a canine animal which has:
1. bitten two or more people, or
2. caused serious, bodily injury or disfigurement to
any person, or
3. engaged in any attack on any person under cin
cumstances which would indicate danger to personal
safety.
The Director of Public Safety or his appointee from
within the Office of Animal Control after having been
advised of the existence of a dangerous dog may
proceed in the following manner:
(a) The Director of Public Safety shall cause the
apparent owner to be notified in writing or in person
that his d'bg appears to be dangerous, The apparent
owner shall be notified as to dates, times, places ane,
parties bitten, and shall be given ten (10) days to ;',
request a hearing before the Director of Public Safety rl,
for determination as to the dangerous nature of the dog,',:,,
1. If the apparent bytmer does not request a hearing ,tl
within ten (10) days Of said notice, the Director of Public,
Safety may order the Animal Control Officer to take the'"
dog into custody for destruction. If the dog is ordered.'
into custody for destruction, the owner shall im-
mediately make the clog available to the Animal Control-!�
Officer, and tailureto do sq shall be a misdemeanor. ;
2. It the owner requests a hearing for determination
as to The dangerous nature of the dog, the hearing shall
be held before the Director of Public Safety who shall
set a date for hearing not more than three (3) weeks
after demand for said hearing. Therecords of the Police
Departmentshall be admissible for consideration by the f
Director of Public Safety without further foundation.
After considering all evidence pertairling to the tem.
perment of the dog, the Director of Public Safety shall
make determination as to whether or not the dog is
dangerous. if the dog is found to be dangerous, the,
Director of Public Safety may order the Animal Conirolx
Officer to take the dog into custody for destruction. If
the dog is ordered into custody for destruction, them
owner shall immediately make the dog available to the
Animal Control Officer and failure to do so shall be a
Jnisdemeanor.
(b) If a dangerous dog is running at large, the Animal
Control Officer shall apprehend the dog -and it, upon
apprehension, the dog pears no identification which
reasonably reveals it's ownership, the Director of
Public Safety _ -t1811 impound the dorg until the quarantine
,period is completed. If thg dog has not been claimed`it
shall be immediatelQ` destroyed. r
(c) Any person who harbors a dog after it has been
found by the Director of Public Safety to be dangerous
ar4ordered into custody fbr destluctiot4"9hall be guilty
of a misdemeanor.. -
id) The Director of Public.Satefy may, upon ap-
plication, apply, to municiipal'-cdurt for subpoenaes for
hearings under number 2 allove.
Section 2.
This ordinance shall take effect and be enforced from
now and after its passage and publication as provided
by law.
Passed by the City Council
of Maplewood, Minnesota,
this 23rd day of June, 1977.
-s- Burton A. Murdock
Mayor
Ayes -5
Nays — 0
Attest:
s Lucille E. Aurelius
Clerk
(Review. July 13, 1977)
AFFIDAVIT OF PUBLICATION
State of etinmSom 1
County of Ramsey J}
N, Theodore Li11ie............ ._, being duly sworn, on oath says
he is and during all the times herein stated has been the ..As Sl -Stant .r. !db{,isberr..
.......... ..........................
.......... ... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches.
(2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has
50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which
it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears
and has entry as second-class matter in its local post -office. (5) Said newspaper
purports to serve the
Village of Maplewood in the County of Ramsey and it has its known office
of issue in the Village
of North St. Paul in said county, established and open during its regular
business hours for the
gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher
of said newspaper or persons in his employ and subject to his direction and
control during all such
regular business hours at which said newspaper is printed. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below.
(8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and
each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by
the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the printed ..... Qrl;UnPAce..NQ.....425
........... ...... ...................................... hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein In the English language, once each week, for
One ..successive weeks: that it was firs? so published on Wednesday the . 13th.
day of ......... ............................ July_ ....... .. ....... of 177 / and was thereafter printed and pub -
fished on every Wednesday toand including Wednesday the ............ ..... day of ...................................
................................................. 19.... and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
i
abcdefghijklmnopgrstuvwxyz %
..................... vL / ..... ..................... ...............
Subscribed and sworn to before me this..13yh..'day
of/ .... .`1Jf�.1..... ............. I .......... .......... 19.3
1.,n
.................
ICE
Notary public, .-............ .'+'..�S�. ounty, Minnesota
s, Otary Public, Ramsey County, Minn.
My Commission Expire
^v'C'ornmissicrn' fxpires S'ept:'6; 197819....