HomeMy Public PortalAbout506 Ordinance Amending the Code of Ordinances Sections 330, Nuisance; and Section 345, Dogs; and Adding Section 343, Limitations on the Keeping of Animals as PetsCITY OF MEDINA
ORDINANCE NO.506
An Ordinance Amending the Code of Ordinances Sections 330. Nuisance; and Section 345.
Dogs; and Adding Section 343. Limitations on the Keeping of Animals as Pets
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 330.05 is amended by deleting the 440ken material and
adding the underlined material as follows:
Subd. 16. Barking and other animal noises that are unreasonable and plainly audible from
within nearby property:
(a) after 7 a.m. and before 10 p.m. for a continuous period greater than 3 minutes, more
than once per hour;
(b) after 10 p.m. and before 7 a.m. for a continuous period greater than 2 minutes, more
than once per hour; or
(c) of such magnitude, character, or frequency that is determined to be a nuisance.
Subd. 17. The keeping of any combination of animals of any age kept in such numbers and
under such conditions which unreasonably annoy, injure, or endanger the health, safety,
comfort, repose or welfare of the public or of said animals.
Subd.4618. Anything else declared to be a nuisance by Minnesota statute or by the Medina city
code.
SECTION II: Medina Code Section 330.07 is amended by deleting the stricken material as
follows:
to permit, maintain or harbor any of the following:
Subd.1. Three or more dogs, at least four months old, unless a private kennel license is obtained.
Subd. 2. Five or more cats, at least four months old.
ubd - M nk-eys an ,.trio, ,ice net .,atiyo t Minnes +
Subd. 4. Any poisonous reptile or dangerous animal or any carnivorous animal which is wild
Ordinance No. 506
July 19, 2011
by nature.
Subd. 5. Six or more rodents.
Subd. 6. Any combination of animals of any age kept in such numbers and under such
conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose
or welfare of the public or of said animals.
or upon which •three or more dogs, at least four months old, are kept as pets and not for selling,
boarding, breeding showing, treating, grooming or commercial purposes. A private kennel shall
consist of an enclosed space in which all dogs on the premises are confined when not under restraint
as defined in Section 3'15.01 of the-MeElina-eity-e-ede c nstfuete€' to ent the Elegy f'^m
running at large and in which provision is made to provide shelter during inclement weather.
a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which
constitutes a nuisance under this ordinance.
private kennel without obtaining a license as herein described.
City Clerk. The application shall state the name of the applicant, the legal description of the
property, a sketch or drawing of the proposed kennel briefly describing its construction and the
approximate number of dogs to be confined therein. Said application shall be accompanied by a
written statement or letter from all adjoining property owners stating that they are aware that such
private kennel is proposed and their viewpoints on it, if any.
Section 330.17. Fees. The fec set by ordinance shall accompany the application for a private
kennel license and shall be paid over to the City Clerk.
Section 330.19. Council Approval. The City Council may approve said license attaching thereto
any conditions necessary to protect the immediate neighborhood from the likelihood of a nuisance
as defined herein. The City Council may deny said license upon finding that the establishment of
the kennel would constitute a public nuisance. Said license, if approved, shall be in the form of the
resolution of approval, a copy of which shall be forwarded to the applicant.
Section 330.21. Records. A copy of such resolution of approval shall be forwarded to the Chief of
Police who shall maintain a register of all private kennel licenses issued. No license renewal is
required; provided, however, that said license may be revoked by the City Council upon a showing
that its operation constitutes a public nuisance or upon a showing that the conditions of the license
have been violated.
Section 330.23. Ins ection. By application for the issuance of a private kennel license the applicant
consents to an inspection of the licensed premise by a city inspector at any reasonable time.
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July 19, 2011
SECTION III: Medina Code Sections 330.25 — 330.29 are amended by deleting the stricken
material and adding the underlined material as follows:
Section 330.2507. Abatement of Abandoned and Junk Vehicles. The chief of police or his or
her designee may take into custody and impound any vehicle described in Section 330.05, subd. 14
in the manner authorized under Minn. Stat. Sections 168B.01 through 168B.101.
Section 330.2799. Abatement of Other Nuisances.
Subd. 1. Procedure. Except with regard to the abatement of vehicles described in
Section 330.05, siibd. 14, whenever a designated city official determines that a public
nuisance is being maintained or exists on a property in the city, the official shall notify in
writing the owner of record or occupant of the property of such fact and order that the
nuisance be terminated or abated. The notice of violation shall specify the steps to be taken
to abate the nuisance and the time within which the nuisance is to be abated. If the notice of
violation is not complied with within the time specified, the official shall report that fact
forthwith to the city council. Thereafter, the city council may, after notice to the owner or
occupant and an opportunity to be heard, determine that the condition identified in the
notice of violation is a nuisance and further order that if the nuisance is not abated within
the time prescribed by the city council, the nuisance be abated by the city.
Subd. 2. Notice. Written notice of the violation; notice of the time, date, place, and subject
of any hearing before the city council; and notice of the city council order shall be served by
a peace officer or designated official on the owner of record or occupant of the property
either in person or by certified or registered mail. If the property is not occupied, the owner
of record is unknown, or if the owner of record or occupant refuses to accept notice, notice
of the violation shall be served by posting it on the property.
Subd. 3. Emergency procedure; summary enforcement. In cases of emergency, where
delay in abatement required to complete the procedure and notice requirements as set forth
in subdivisions 1 and 2 of this section will permit a continuing nuisance to unreasonably
endanger public health, safety, or welfare, the city council may order summary enforcement
and abatement of the nuisance. To proceed with summary enforcement, the designated
official shall determine that a public nuisance exists or is being maintained on property in
the city and that delay in abatement will unreasonably endanger public health, safety, or
welfare. The designated official shall notify in writing the occupant or owner of the
property of the nature of the nuisance, and that public health, safety, or welfare will be
unreasonably endangered by a delay in abatement required to complete the procedure set
forth in subdivision 1 of this section and may order that the nuisance be immediately
terminated or abated. If the nuisance is not immediately terminated or abated, the city
council may order summary enforcement and abatement of the nuisance.
Subd. 4. Immediate abatement. Nothing in this section shall prevent the city, without
Ordinance No. 506 3
July 19, 2011
notice or other process, from immediately abating any condition that poses an imminent and
serious hazard to human life or safety.
Subd. 5. Judicial remedy. Nothing in this section shall prevent the city from seeking a
judicial remedy in lieu of an administrative remedy.
Section 330.2911. Recovery of Cost.
Subd. 1. Personal liability. The owner of the property on which a nuisance has been abated
by the city, or a person who has caused a public nuisance on property not owned by that
person, shall be personally liable for the cost to the city of the abatement, including
administrative costs. As soon as the work has been completed and the cost determined, the
city clerk or other city official shall prepare a bill for the cost and mail it to the owner.
Thereupon the amount shall be immediately due and payable at the office of the city clerk.
Subd. 2. Assessment. After notice and hearing as provided in Minn. Stat. 429.061, as it may
be amended from time to time, if the nuisance is a public health or safety hazard on private
property, the accumulation of snow and ice on public sidewalks, the growth of weeds on
private property or outside the traveled portion of the streets, or unsound or insect -infected
trees, the city clerk shall, on or before September 1 next following abatement of the
nuisance, list the total unpaid charges along with all other such charges as well as other
charges for current services to be assessed under Minn. Stat. 429.101 against each separate
lot or parcel to which the charges are attributable. The city council may then spread the
charges against the property under that statute and any other pertinent statutes for
certification to the county auditor and collection along with current taxes the following year
or in annual installments, not exceeding 10, as the city council may determine in each case.
SECTION IV: Medina Code Chapter 3 is amended by adding the underlined material as follows:
343. LIMITATIONS ON THE KEEPING OF ANIMALS AS PETS
Section 343.01. Purpose. The purpose of this ordinance is to regulate the keeping of animals as
pets within the City in order to protect the health, safety and welfare of the public and also of
said animals. This ordinance is not intended to address the keeping of traditional farm animals or
animals considered livestock, the regulation of which can be found in Chapter 8 of the Medina
City Code.
Section 343.03. Definitions. As used herein, the following terms shall have the meanings ascribed
to them by this section:
Subd. 1. Owner means any person group, firm, corporation, organization, or depadment
possessing, harboring, keeping, having an interest in, or having care, custody or control
of a dog.
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July 19, 2011
Subd. 2. Adult Dog means a dog older than four months of age.
Subd. 3. Private Kennel License: A Private Kennel License is approval from the City for a
person to own, harbor, keep, or allow more than: (1) three Adult Dogs on a parcel 8 acres
or less in size; or (2) four Adult Dogs on a parcel greater than 8 acres in size. Such dogs
shall be kept as pets or fostering, without remuneration; and not for selling, boarding,
breeding, treating, grooming or commercial purposes.
Subd. 4. Commercial Kennel: Any building, lot, household or dwelling which is used for:
(a) the breeding of three or more litters of dogs or cats in a calendar year;
(b) the selling, adopting, or transferring of more than 12 dogs per calendar year to another
person, pet dealer, pet shop, kennel, pound, or animal rescue organization;
(c) generating more than $500 in gross income from the sale of animals to a person,
research facility, exhibitor, dealer, or pet store during a calendar year; or
(d) the purpose of generating income from the selling, boarding, breeding, treating,
grooming, or other commercial purposes of animals that were not raised on the
premises.
Section 343.05. Limitations on Keeping of Animals as Pets. No person shall own, harbor,
keep, have custody of, or allow the following animals on property which he or she owns or
occupies:
Subd. 1. More than three Adult Dogs on a parcel 8 acres or less in size, or more than four
Adult Dogs on a parcel larger than 8 acres, unless a Private Kennel License is obtained.
Subd. 2. More than four cats, at least four months old.
Subd. 3. More than 5 rodents.
Subd. 4. Regulated animals as defined by Minnesota Statutes, section 346.155.
Subd. 5. Any poisonous animal or dangerous animal or any carnivorous animal which is
wild by nature.
Subd. 6. Any animal not commonly accepted as a domesticated pet.
Subd. 7. Any combination of animals of any age kept in such numbers and under such
conditions which endanger the health, safety, or welfare of the public or of said animals.
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July 19, 2011
Section 343.07. Commercial Kennel. It shall be unlawful for any person, firm or corporation to
operate a Commercial Kennel within the City except as allowed in Chapter 8 of the Medina City
Code.
Section 343.09. Private Kennel Licenses. A person who seeks to own, harbor, keep, or allow
more than the number of dogs specified in Section 343.05 on a property shall apply for a private
kennel license.
Subd. 1. Private Kennel License, Administrative Review.
(a) Number of dogs. An administrative private kennel license application process shall
be followed if an Owner requests a license for the following number of Adult Dogs:
(1) four dogs on a parcel 8 acres or less in area.
(2) five dogs on a parcel larger than 8 acres.
(b) Application. Application for an Administrative Private Kennel License shall be
made to the City Clerk. The application shall include the following information:
(11 The name of the Owner and the legal description of the property;
(2) The number of dogs proposed and the location they will be housed from inclement
weather;
(31 Mailing labels from Hennepin County for owners partly or wholly within the Citv
within 350 feet of the Owner's property;
(4) Measures by which the Owner proposes to reduce potential impacts on
neighboring property;
(5) Application fee as described by the City's fee schedule; and
(6) Additional information as requested by the City Clerk.
jc Notice. The City shall notify neighbors within 350 feet of an Owner's property prior
to approval or denial of the private kennel license. Said neighbors will have 10 days
from the time to provide comment to the City.
(d) Review. The City Clerk shall review the�roposed license along with any comments
received. The City Clerk will notify the Owner of approval or denial upon the
completion of the review.
(1) The City Clerk may approve the license, attaching thereto any conditions
necessary to protect the immediate neighborhood from conditions which
endanger the health, safety, or welfare of the public or of the animals. These
conditions may include, but are not limited to improved fencing and screening,
noise mitigation, animal waste management, and adequate animal shelter
provisions.
(2) The City Clerk shall deny said license upon finding that the grantin . of the
private kennel license would likely endanger the health, safety, or welfare of the
public or of the animals; or that granting of the private kennel license would
likely create nuisance conditions as defined in Section 330.
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July 19, 2011
(e) Appeals Process. The owner may appeal the denial of an administrative private
kennel license or any of the conditions attached to an approved license to the city
council. The city council shall review the appeal to determine if the denial of the
license or the condition required was necessary to protect the health, safety, or
welfare of the public or of the animals.
(f) Waiver. The City Council may grant a waiver from the limitation on the number of
dogs allowed on a parcel 8 acres or less in area upon a showing of good cause by the
owner and if it determines that such limitation is not necessary to protect the health,
safety or welfare of the public or of the animals. In granting a waiver, the City
Council may impose such conditions or requirements as it deems reasonably
necessary to protect the health, safety or welfare of the public and the animals, to
prevent the creation of a public nuisance under section 330 of this code and to
protect the residential character of the property. The City Council may consider
requests for waivers following mailed notice to the owners of all properties within
350 feet of the owner's property.
Subd. 2. Private Kennel License, City Council Review. A person seeking to own, harbor,
keep, or allow more than five dogs on a property shall apply to the City Council for a
private kennel license.
(a) Minimum size of property. A Private Kennel License for more than four dogs may
only be granted on property greater than eight acres in size.
(b) Application. Application for a Private Kennel License shall be made to the City
Clerk. The application shall include the following information:
(1) The name of the applicant and the legal description of the property;
(2) The number of dogs proposed and the location they will be housed from inclement
weather;
(3) Mailing labels from Hennepin County for owners partly or wholly within the City
within 1000 feet of the Owner's property;
(4) Measures by which the Owner proposes to reduce potential impacts on
neighboring property;
(5) Application fee as described by the City's fee schedule; and
(6) Additional information as requested by the City Clerk.
(c) Notice. The City shall notify neighbors within 1000 feet of an Owner's property
prior to City Council review of the private kennel license.
(d) City Council Review.
(1) The City Council may approve the license, attaching thereto any conditions
necessary to protect the immediate neighborhood from conditions which
endanger the health, safety, or welfare of the public or of said animals; or from
conditions that are likely to create a public nuisance as defined in Section 330; or
from conditions that fundamentally alter the residential character of the property.
These conditions may include, but are not limited to:
Ordinance No. 506 7
July 19, 2011
(i) improved fencing and screening
(ii) noise mitigation
(iii) animal waste management
(iv) adequate animal shelter provisions
(v) increased setbacks for animal fencing and facilities
(2) The City Council shall deny said license upon finding that the granting of the
private kennel license would likely create conditions which endanger the health,
safety, or welfare of the public or of said animals; or from conditions that are
likely to create a public nuisance as defined in Section 330; or from conditions
that fundamentally alter the residential character of the property. These
conditions may include, but are not limited to:
(i) significant noise impacts
(ii) significant odors from animal waste
(iii) inadequate lot size for number of dogs requested
(iv) proximity of animal facilities to adjacent neighbors
(v) potential for significant property damage
(vi) increased traffic and visitation inconsistent with the residential character of
the property
(vii) a history of complaints regarding the applicants' dogs, substantiated by the
Chief of Police
(viii) any situation which would unreasonably annoy, injure or endanger the safety,
health, comfort, or repose of a neighbor or neighbors.
Subd. 3. Fees. The Owner shall be responsible to pay fees as established by ordinance
when applying for a Private Kennel License.
Subd. 4. Records. A copy of the Private Kennel License shall be forwarded to the Chief of
Police who shall maintain a register of all Private Kennel Licenses issued.
Subd. 5. Inspection. By application for the issuance of a Private Kennel License, the
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July 19, 2011
Owner consents to an inspection of the licensed premise by a city inspector at any
reasonable time.
Subd. 6. Renewal and Revocation. The Private Kennel License shall be valid only to the
Owner(s) and only for the specific property requested. No license renewal is required,
unless as conditioned by the City Council. The Private Kennel License may be revoked
by the City Council upon a showing that its operation endangers the health, safety, or
welfare of the public or of the animals; or upon a showing that the conditions of the
license have been violated.
SECTION V: Medina Code Section 345 is amended by deleting the stricken material and
adding the underlined material as follows:
345. DOGS
Section 345.01. Purpose. The purpose of this ordinance is to regulate the activities of dogs and
owners within the City in order to protect the health, safety and welfare of the public and
also of said dogs.
Section 345.04 03. Definitions. As used herein, the following terms shall have the meanings
ascribed to them by this section:
Subd.1. Owner means any person, group, firm; 9f corporation, organization, or department
owning possessing, harboring, keeping; having an interest in, or having care, custody or
control of a dog or dogs.
Subd. 2. At Large means when a dog leg is at large when it is off the property of its owner
and not under restraint.
Subd. 3. Under Restraint means when a dog ^ aeg is uncle.. *faint if4t is controlled by a
leash, or at heel beside a competent person having custody of it and is obedient to that
person's commands; or if it is within a vehicle; or if it is a hunting dog, hound or bird dog on
a trail or hunt with its owners or handlers in the immediate vicinity.
Section 345.0395. Dogs Ownership Requirements. All dogs harbored, kept or found in the City
shall be subject to the following:
Subd.1. Identification. All dogs shall wear a collar or harness, to which shall be affixed an
identification tag of metal bearing the name and address of the owner or the identifying
telephone number. A Rabies vaccination tag shall be affixed to the collar or harness of every
dog for which Rabies vaccination is required.
Subd. 2. Rabies Vaccination Required. Every dog over the age of six months is hereby
Ordinance No. 506 9
July 19, 2011
required to have a vaccination against Rabies, which vaccination shall be renewed not less
frequently than every two years. All Rabies vaccinations shall be of the modified live
vaccine type.
Subd. 3. Confinement. All female dogs shall be confined indoors when in season.
Subd. 4. Dogs Prohibited From Running at Large. No owner shall knowingly or
negligently permit a dog to be at large.
Subd. 5. Public Nuisance. No person shall own, keep or harbor any dog or dogs which by
any -per -son are deemed to cause a public nuisance as defined in Section 330.
Section 345.0507. Dog Pound. The City Council may designate a pound for the confinement of
dogs within or without the City limits, and may designate a poundmastef keeper and prescribe his
duties.
Section 345.0-709. Impoundment. The police officers of the City, or such persons as may be
designated by the City Council, shall take up and impound any dog found to be in violation of any
provision of chapter 315 Section 345.05 of this ordinance.
c,,e fie.. 34&09. Subd. 1. Notification. The impounding officer shall notify the owner that the dog
has been impounded, provided identification is possible.
Section 345.11. Subd. 2. Records. The pound keeper shall keep an accurate account of all dogs
impounded and of all dogs released or disposed of and shall make a monthly accounting thereof to
the City Clerk -Treasurer. The area where dogs are kept shall be open to public inspection during
the pound's regular business hours.
Section 345.13. Subd. 3. Redemption. Any dog impounded shall be kept at the pound for at least
five (5) regular business days of the impounding agency unless reclaimed sooner by the owner. The
owner may reclaim a dog by paying an impounding fee set by resolution of the City Council plus
the actual amount of daily boarding fees incurred by the City as determined by the City's contract
with the Animal Control Service.
c,.,.fien -345 5, Subd. 4. Disposition of Unclaimed Dogs.
c. jaj. Any dog which is not redeemed may be sold for an amount not less than the
amount provided in Subd. 3 of Section 315.13 345.09 to anyone desiring to purchase the
dog. The money shall be paid to the City Clerk -Treasurer and placed in the general fund of
the City.
S (b). Any dog which is not claimed by the owner, or sold, may be painlessly killed and
may be disposed of in a sanitary manner by the pound master keeper after the impounding
period_ of five days.
Section 345.4.711. Summary Dis l osition of Doys. Upon a finding by a police officer of probable
Ordinance No. 506 10
July 19, 2011
cause to believe that a dog has rabies, such dog may be taken up on the premises of the owner, or
elsewhere, and be confined for a period of at least 10 days, at the expense of the City if the dog does
not have Rabies, otherwise at the expense of the owner. Any dog that has bitten any person may be
taken up on the premises of the owner, or elsewhere, and be confined for a period of at least 10 days
at the expense of the owner; and such dog may be released at the end of the 10 day period if healthy
and free from symptoms of rabies, and by the payment of costs by the owner. It shall be the
responsibility of any person bitten by a dog to report such incident to the City Police Department.
Section 345.3413. Interference with Officers. It shall be unlawful for any unauthorized person to
break open the pound, or attempt to do so, or to take or let out any dogs therefrom, or to take, or
attempt to take, from any authorized person any dog taken up by-kim in compliance with this
ordinance, or in any matter to interfere with or hinder any such authorized person in the discharge of
his duties under this ordinance.
Section 345.2315. Abandonment of Dogs. It shall be unlawful for any person, firm or corporation
to abandon any dog within the City.
Section 345.4-917. Dangerous and Potentially. Dangerous Dogs.
Subd. 1. Incorporation of State Statute. The provisions of Minnesota Statutes, sections
347.50 to 347.54 are incorporated herein by reference.
Subd. 2. Determination of Potentially Dangerous Dog. City personnel authorized by the
Chief of Police shall determine that a dog is potentially dangerous if they believe, based
upon professional judgment, that a dog:
(a) has, when unprovoked, inflicted bites on a human or a domestic animal on public or
private property;
(b) has, when unprovoked, chased or approached a person, including a person on 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
(c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury
or otherwise threatening the safety of humans or domestic animals.
Subd. 3. Notice of Potentially Dangerous Dog; Right to Appeal. Upon a determination by
the authorized city personnel that a dog is potentially dangerous, the police department
shall provide the owner with notice of the determination by personally serving the owner
or a person of suitable age at the residence of such owner. The notice shall describe the
dog deemed to be potentially dangerous, shall identify the authorized city personnel
making the determination shall inform the owner of the owner's ri lilt to a s • eal and shall
inform the owner of the obligations imposed by subdivision 7 of this subsection.
Subd. 4. Determination of Dangerous Dog. City personnel authorized by the Chief of
Police shall determine that a dog is a dangerous dog if they believe, based upon
professional judgment that a dog:
(a) has, without provocation, inflicted substantial bodily harm on a human being on
public or private property;
Ordinance No. 506 11
July 19, 2011
(b) has killed a domestic animal without provocation while off the owner's property; or
(c) has been found to be potentially dangerous, and after the owner has notice that the
dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the
safety of humans or domestic animals.
Subd. 5. Notice of Dangerous Dog. Upon a determination by the authorized city personnel
that a dog is dangerous, the police department shall provide a notice to the owner of the
dog by personally serving the owner or a person of suitable age at the residence of such
owner. The notice shall describe the dog deemed to be dangerous, shall identify the
officer making the determination, shall inform the owner of the owner's right to appeal
within ten days after receipt of the notice, and shall inform the owner of the obligations
imposed by Minnesota Statutes, section 347.50 to 347.54 and by this subsection.
Immediately upon receipt of the notice the owner shall comply with all requirements
imposed under subdivision 7 of this section.
Subd. 6. Exemption. Dogs may not be declared dangerous or potentially dangerous if the
threat, injury, or damage was sustained by a person:
(a) who was committing, at the time, a willful trespass or other tort upon the premises
occupied by the owner of the dog;
(b) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown
to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(c) who was committing or attempting to commit a crime.
Subd. 7. Regulation of Dangerous and Potentially Dangerous Dogs. The owner of a
dangerous or potentially dangerous dog shall confine the dog in a proper enclosure while
on the owner's property. If the dog is outside the proper enclosure, the dog must be
restrained by a leash no longer than four feet in length and under the physical restraint of
a responsible person. Authorized city personnel may also require that said dog be
muzzled. In addition, the owner of a dangerous or potentially dangerous dog must post on
the owner's property and on the dog's kennel and proper enclosure a sign warning
persons of the presence of a dangerous or potentially dangerous dog. The sign shall be no
smaller than 12 inches by 14 inches and shall read: "Beware of Dangerous Dog" in letters
at least two inches in height. The owner has the right to appeal the decision to the city
council.
Subd. 8. Appeal of Determination. An owner may appeal a determination that a dog is
dangerous or potentially dangerous by filing a written request for a hearing to the city
clerk within ten days of the owner's receipt of the notice. If no timely appeal is filed, the
owner of a dangerous or potentially dangerous dog shall comply with the requirements of
subdivision 7 of this subsection, and the owner of a dangerous dog shall comply with the
requirements set forth in Minnesota Statutes, sections 347.50 to 347.54, including but not
limited to the registration of the dangerous dog with the county auditor. If an owner files
a timely appeal, a hearing shall be held within 30 days after the city's receipt of the
appeal. Pending the appeal, the owner shall comply with all of the requirements of
subdivision 7 of this subsection. The city council may hear the appeal or may refer the
appeal to a hearing examiner. After considering all of the evidence submitted, the city
Ordinance No. 506 12
July 19, 2011
council or hearing examiner shall make written findings of fact and reach a conclusion
whether the dog is a dangerous or potentially dangerous dog. The findings and
conclusions shall be made within ten working days after the hearing and shall be
thereafter personally served upon the owner or a person of suitable age at the residence of
such owner. The decision of the city council or hearing examiner shall be the final
decision of the city.
Subd. 9. Review of Dangerous and Potential y Dangerous Dog Designation. Beginning
six months after a dog is declared a dangerous or potentially dangerous dog, an owner
may request annually that the animal control authority review the designation. The owner
must provide evidence that the dog's behavior has changed due to the dog's age,
neutering, environment, completion of obedience training that includes modification of
aggressive behavior, or other factors. If the animal control authority finds sufficient
evidence that the dog's behavior has changed, the authority may rescind the dangerous
dog designation.
c,.etion 345 ° r►.,..,.er-eus Degs-Subd. 10. Emergency. Any dog which is diseased, vicious,
dangerous, rabid or exposed to Rabies, which deg cannot be taken up and impounded
without serious risk to the person or persons attempting to take up the dog, may be killed
upon order of the Chief of Police.
SECTION VI: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 19th day of July, 2011.
ATTEST:
By:
Douglas S. R
By:��G?�
T.M. Crosby, Jr., May
'rim City Administrator -Clerk
Published in the South Crow River News this 28t day of July, 2011.
Ordinance No. 506 13
July 19, 2011