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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....