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HomeMy WebLinkAbout6.m. Potentially Dangerous DogEXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2017 AGENDA ITEM: Potentially Dangerous Dog AGENDA SECTION: Consent PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 6.m. ATTACHMENTS: Draft Ordinance, City Code APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve Ordinance 2017-02 Relating to Potentially Dangerous and Dangerous Dogs; Amending Title 7, Chapter 4, Article C of the Rosemount City Code and Motion to Appoint Councilmember Freske and Kurt Hansen, or other resident appointed by City Clerk, to the Potentially Dangerous Dog Hearing Panel. BACKGROUND The Police Department has recently declared a dog potentially dangerous and the owner has contested this decision. City Code requires that a panel be established consisting of “the mayor, a council member, and a citizen representative” to hold a hearing and either uphold or overturn the declaration. Councilmember Freske has volunteered to assist. Staff has also contacted Shamrock Animal Hospital and owner Dr. Kurt Walter-Hansen is willing to participate. In the event Dr. Walter-Hansen is not able to attend, staff asks that Council delegate the panel appointing authority to the City Clerk. City Code states that if the panel upholds the declaration, the dog owner is responsible for all hearing costs up to $1000. In examining the City code, staff has found that there is not currently a way to ensure payment of these charges. Because we cannot retroactively request a deposit for the hearing, staff recommends requiring that hearing costs be paid before issuance of the required dog permit. RECOMMENDATION Approval of the above motions. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2017 - ______ ORDINANCE RELATING TO POTENTIALLY DANGEROUS AND DANGEROUS DOGS; AMENDING TITLE 7, CHAPTER 4, ARTICLE C OF THE ROSEMOUNT CITY CODE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Section 7-4C-10 of the Rosemount City Code is amended as follows; B. Certificate Of Registration: The city will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents: 1. Evidence that a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the police department that there is a dangerous dog on the property; 2. A certificate of liability insurance issued by an insurance company authorized to conduct business, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog, in the amount of at least three hundred thousand dollars ($300,000.00); 3. Proof of payment of the required annual registration fee; and 4. Proof that the owner has had microchip identification implanted in the dog as required under Minnesota statutes section 347.515; and 5. Proof of payment of any hearing costs, if applicable. Section 2. This Ordinance shall be effective the day following its publication. [Underlined material is new. Stricken material is deleted.] Adopted by the City Council of the City of Rosemount, Minnesota, the 16th day of May, 2017. ____________________________________ Mayor William Droste ATTEST: _____________________________ Clarissa Hadler, City Clerk Published this _____ day of _______, 2017 in the Rosemount Town Pages.