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Ord 549 Amend Code Domestic AnimalsCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 549 AMENDING MENDOTA HEIGHTS CITY CODE TITLE 5, CHAPTER 3 CONCERNING DOMESTIC ANIMALS The City Council of the City of Mendota Heights, Minnesota, desires to no longer license dogs beginning in the year 2020. The Council also desires to amend Title 5, Chapter 3 of the City Code to provide clarity and make it consistent with state statutes. The City Council of the City of Mendota Heights hereby ordains: Section 5-3-2 regarding the licensing of dogs is hereby deleted in its entirety. Sections 5-3-3 through 5-3-7 are hereby amended by adding the underlined language and deleting the sti4kethrough language as follows: 5-3-3: REQUIREMENTS AND RESTRICTIONS INVOLVING DOGS: B. Confinement Of Certain Dogs: 1. Dangerous Dogs: The owner of a dog shall confine within a building or secure enclosure every dangerous dog, except when securely muzzled and in the control of an adult person in accordance with this chapter. C. Biting Dogs: No owner shall permit his/her dog to attack or bite a person or another domestic animal outside the owner's premises. D. Dog Waste: 2. Waste Removal Required: It is unlawful for the owner of any dog or any person having custody of or in control of a dog, to permit the dog to be on any property, public or private, not owned or possessed by such person, and fail to remove excrement left by such dog and deposited in a proper receptacle. 5-3-4: POTENTIALLY DANGEROUS AND DANGEROUS DOGS: B. Declaration Of Potentially Dangerous Dog Or Dangerous Dog: 3. Appeal And Hearing: a. Any owner of a dog declared dangerous may appeal by serving upon the city clerk, within fourteen (14) days of the date of the notice declaring the dog dangerous, a written notice of appeal. b. A hearing officer shall hear the appeal hearing within fourteen (14) days of the date of the request for a hearing. The appeal hearing shall be conducted in an informal manner, and the Minnesota rules of civil procedure and rules of evidence shall not be strictly applied. A record shall be made of the hearing. The hearing may be transcribed at the sole expense of the party who requests transcription. c. After considering all evidence submitted, the hearing officer shall make written findings of fact and reach a conclusion whether the dog is a dangerous dog within ten (10) days after the hearing. The findings and conclusions shall be made and served upon the dog owner as soon as practical. D. Registration Of Dangerous Dogs: All dangerous dogs must be registered with the Mendota Heights police department annually during the month of January of each year. At the time of registration, each owner of a dangerous dog must provide the city clerk with proof of liability insurance and payment in full of the required fee as set forth in the fee schedule adopted by the City Council. If a portion of the year has elapsed when a new registration is made, a registration will be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 5-3-5: NUISANCE CONDITIONS: J' A. Barking Dogs: No person shall keep or harbor a dog which habitually barks or cries. Any such dog is hereby declared a public nuisance. Habitual barking or crying is defined as noise over at least a five-minute period of time with one minute or less lapse of time between each barking or crying noise during the five-minute period. 5-3-7: IMPOUNDMENT AND REDEMPTION PROVISIONS: C. Impounding Dogs: 2. Impoundment Period: Any dog so impounded shall be confined in the animal shelter in a humane manner for a period of not less than five (5) days, if not claimed prior thereto by the owner. If said dog is not claimed by its owner within the five (5) day period, it shall become property of the city, and may be disposed of in a humane manner or may be sold to or placed in the custody of some suitable person. 3. Dogs; Notice To Owner: Immediately upon the impounding of a dog, the animal warden shall make reasonable effort to notify the owner of such dog of such impoundment and of the conditions whereby the owner may regain custody of the dog. The animal warden shall immediately confirm any verbal notice in writing. D. Redemption Of Impounded Dogs; Costs: 2. Any dog impounded hereunder, not being held for suspected disease, may be reclaimed by the owner within five (5) days, upon payment by the owner to the city of an impounding fee as Ord. 549 Page 2 of 3 determined by the city council, plus the cost of the city for keeping such dog in the city animal shelter. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this 17th day of December, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk Ord. 549 Page 3 of 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION OF ORDINANCE NO. 549 AMENDING SECTION 5-3 DOMESTIC ANIMALS The City Council of the City of Mendota Heights, Minnesota, desires to no longer license dogs beginning in the year 2020. The Council also desires to amend Title 5, Chapter 3 of the City Code for clarity and to make it consistent with Minnesota State Statutes. The City Council of the City of Mendota Heights, MN ordains: Section 5-3-2: Dog Licensing Provisions is hereby deleted in its entirety. Section 5-3-4: Potentially Dangerous and Dangerous Dogs; and Section 5-3-7: Impoundment and Redemption Provisions are amended to maintain consistency with Minnesota State Statutes. Sections 5-3-3 through 5-3-7 are also being amended for clarity. This Ordinance shall be in effect from and after the date of its passage and publication. The complete text of this ordinance may be obtained at the city hall or from the City's website at www.mendota-heights.com. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY Emily Kunz, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Northwest Publications, Inc., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of general circulation within the Counties of Chisago, Dakota, Ramsey and Washington in Minnesota and Pierce and St. Croix in Wisconsin. That the notice hereto attached was from the columns of said newspaper and was printed and published therein on the following date(s): December 20th 2019 Newspaper Ref./Ad 0071446529 Su cribed and sworn to before me this 23 of December 2019 rbara L. 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