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Home My WebLink About2011-11-16 PACKET 04.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 11/16/11 PREPARED BY Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Pass an ordinance amending Title 5, Chapter 4 of the Cottage Grove City Code relating to animals. Consider adopting a resolution authorizing publication by title and summary. STAFF RECOMMENDATION Adopt the ordinance amending Title 5, Chapter 4 of the City Code. Adopt a resolution authorizing publication by title and summary. SUPPORTING DOCUMENTS ❑ MEMO: memo dated 11 -08 -11 from Deputy Director of Public Safety Peter Koerner RESOLUTION ORDINANCE ADMINISTRATORS COMMENTS ity Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of • .•- Grove Public To: Honorable Mayor and City Council From: Deputy Director of Public Safety Peter Koerner A Date: November 8, 2011 Subject: AMENDMENT OF POTENTIALLY DANGEROUS DOG ORDINANCE The Public Safety Department has reviewed the City's ordinance in regards to potentially dangerous and dangerous dogs. There are no suggested changes to the dangerous dog ordinance. In regards to the potentially dangerous dogs it was determined that the owner of the dog has the right to an administrative appeal. The ordinance has been reviewed by the City Attorney and suggested changes were made to the ordinance relating to potentially dangerous dogs. In an effort to keep the Public Safety, Health and Welfare Commission involved, two members of the commission will be asked to be a part of the appeals hearing. Along with the addition of an appeals process for potentially dangerous dogs there is also a change to the appeals process on who hears the appeal. If an owner files a timely appeal, a hearing shall be held within fourteen (14) days after the city's receipt of the appeal. Previous language stated the city administrator shall assign a hearing examiner to hear the appeal. The hearing examiner may be a city employee, provided the employee has not been involved in determining that the dog was potentially dangerous or dangerous. The recommended change of language would call for the Public Safety, Health and Welfare Commission or committee thereof shall convene as e hearing panel to hear the appeal. With citizen hearing officers: (1) the hearing does not need to follow strict rules of evidence, but members who will serve on the panel need basic training as to how to conduct hearings. Hearings before this body must be recorded, and the record made before committee will be the record that is reviewed by the court of appeals if there is an appeal; and (2) the panel needs to generate written findings of fact which will be done by city staff. The revised ordinance was presented to the Public Safety, Health and Welfare Commission on September 20 2011 and the commission approved the revisions to the animal ordinance and requested it be forwarded to the City Council for approval. 011 -009 The training on the elements of the statute, how to conduct hearings, and what findings must contain if their decisions are to be upheld on appeal, will be conducted by Attorney Corrine Heine. RECOMMENDATION I would recommend that the City Council adopt the ordinance amending Title 5, Chapter 4 of the City Code and also adopt a resolution authorizing the publication by title and summary. Thanks. 011 -009 CITY OF COTTAGE GROVE RESOLUTION NO. _ RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. - WHEREAS, the City of Cottage Grove has adopted the above referenced amendment to the Cottage Grove City Code at the November _, 2011 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the city clerk shall cause the following summary of Ordinance No. - to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. - AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 3 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS The City Council has adopted Ordinance No. , an ordinance entitled "AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 3 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS." This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends and adds administrative hearing procedures for dogs designated as potentially dangerous. The officer making the determination shall inform the owner of the owner's right to an administrative appeal. The ordinance establishes that members of the public safety commission convene as a hearing panel to hear the appeal. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 651 - 458 -2800. Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Cottage Grove, Minnesota this of November 2011 Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk 2 ORDINANCE NO. _ AN ORDINANCE RELATING TO POTENTIALLY DANGEROUS DOGS; AMENDING SECTION 5 -4-4 OF THE COTTAGE GROVE CITY CODE THE CITY OF COTTAGE GROVE DOES ORDAIN: Section 1. Section 5 -4 -4, subsection C, paragraph 3 of the Cottage Grove City Code is amended to read as follows: 3. Notice Of Determination: Upon a determination by the animal control officer or other law enforcement official that a dog is potentially dangerous or dangerous, the city shall provide the owner with notice of the determination by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the determination, shall inform the owner of the owner's right to an administrative appeal, and shall inform the owner of the applicable obligations imposed by Minnesota statutes and this section. " *rr the AffiGe; determ the deq be dangerous the netiee sha also i " ^ ' ` e the - .:SiT.ET.I.^.7FSIM tLT.T.......r�'rsaTT.mr.4zn�� Sec. 2. Section 5 -4 -4, subsection C, paragraph 4 of the Cottage Grove City Code is amended to read as follows: 4, Right To An Administrative Appeal: An owner may appeal a determination that its dog is potentially dangerous or dangerous by filing a written request for a hearing to the city administrator within fourteen (14) days of the service of the potentially dangerous or dangerous dog determination. a. If a timely appeal is not filed, the owner of a potentially dangerous or dangerous dog must comply with the applicable requirements set forth in this section and Minnesota statutes sections 347.50 through and including 347.56. if a timely appeal is filed from a determination that a dog is potentially dangerous the owner must immediately comply with the requirements of paragraphs 6.b. and 6.c of this subsection until such time as the hearing examiner issues an opinion. If a timely appeal is filed from a determination that a dog is dangerous the owner must immediately comply with the requirements of Minnesota statutes section 347.52, paragraphs (a) 390827v2 CAI I CTI55 -24 and (c), and until such time as the hearing examiner issues an opinion. If an owner files a timely appeal, a hearing shall be held within fourteen (14) days after the city's receipt of the appeal. (1) The city administFate public safetV commission o r c ommittee -• hearin convene as a panel to hear the app eal. be a Gity empleyee, provided the employee nvolved iR determ that the dog was (2) During the hearing the Minnesota rules of evidence need not be strictly followed, and the records of the animal control officer or law enforcement officer shall be considered without further foundation. The hearing, where facilities permit, will be tape recorded. (3) After considering all of the evidence submitted, the hearing examine panel shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous or dangerous dog. The findings and conclusions shall be made within ten (10) 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 hearing yammer panel shall be the final decision of the city. An appeal of the hearing ^x�s ap nel's decision may only be made by writ of certiorari to the Minnesota court of appeals. Sec. 3. This ordinance is effective the day following publication. Adopted this day of November, 2011. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk 390827v2 CAH CT155 -24 2