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HomeMy WebLinkAbout15.D.1. Animal Regulations-Ord. No. 660 15:0./, City of Shakopee Police Department Memorandum To: Honorable Mayor and City Council Mark McNeill, City Administrator From: John Flynn, Sergeant~ ~ Jaclyn Yzennans, Community Service Office Subject: Ordinance No. 660 Animal Regulations Date: April 1 st, 2003 INTRODUCTION: Council is asked to adopt Ordinance No. 660, amending section 10.21 of the City Code pertaining to animal regulation. BACKGROUND: In November of2002, a situation arose where a pit bull was loose and off of the homeowners property. The pit bull went onto the neighbor's property and bit the neighbor's dog. After this situation was reported, the police department found that this was not the first time this dog had bitten. There were previous citations and incidents on record. Inquiry revealed the same pit bull had also bitten an elderly male who never reported the incident. The dog owners were charged with several violations, and they plead guilty. However, the dog could not be deemed a "dangerous" or "potentially dangerous dog" based upon our current City Ordinance. Attorney Lisa Skoog, with Scott Joint Prosecution Association, recommended that the ordinance be updated and more in depth about addressing similar situations in the future. The City Attorney, Kennedy and Graven, drafted Ordinance No. 660 to meet this need. Future cases would be easier to prosecute with a more in depth, definitive ordinance for owning and/or harboring an animal deemed "potentially dangerous" or "dangerous" by the City of Shakopee. The ordinance amendment would impact the safety of Shakopee citizens, creating a safer community and knowledge of where these "dangerous" or ''potentially dangerous dogs" are located. The complainants from the incident back in November of 2002 support the proposed ordinance change. They may also attend the council meeting and testify on be half of the changes. BUDGET IMPACT: Any fees for registering, posting signage, impounding, or micro chipping an animal would be covered by the owner of the animal or person(s) harboring the animal. ALTERNATIVES: 1. Adopt Ordinance No. 660. 2. Do not adopt Ordinance No. 660. 3. Table and provide direction to staff. RECOMMENDATION: Staffrecommend alternative #1, adopt Ordinance No. 660. ACTION REQUESTED If the Council concurs, they should, by motion, adopt Ordinance No. 660, amending section 10.21 of the City Code pertaining to animal regulation. ORDINANCE NO. 660 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 10.21 OF THE CITY CODE PERTAINING TO ANIMAL REGULATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION 1. Section 10.21, Subd.1, Paragraph C is amended to read as follows: C. "Under restraint" means on the premises of the owner, or on a leash and under a responsible person's control and obedience. The leash shall be a restraint or a line, belt, cord or chain, not more than ten (10) feet in length for leading or restraining a dog, securely fastened around the neck or collar of said dog. In the case of a potentially dangerous or viciol.ls animal dangerous dog, the leash shall be no longer than four (4) feet in length. SECTION 2. Section 10.21, Subd.1 is amended by adding the following paragraphs: D. "Dangerous Do\!" means any dog that has: a. without provocation. inflicted sub,stantial bodily harm on a human being on public or private property: b. killed a domestic animal without provocation while offthe owner's property; or c. 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. E. "Potentially Dangerous Dog" means any dog that: a. when unprovoked. inflicts bites on a human or domestic animal on public or private property; b. when lmprovoked. chases or approaches 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 un~rovoked. causing injury or otherwise threatening the safety of humans or domestic animals. F. "Proper Enclosure" means securely confined indoors or in a securely enclosed and locked pen or stmcture suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch. patio or any part of a house. garage. or other stmcture that would allow the dog to exit of its own volition. or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the do~ from exiting. G. "Substantial bodily harm" has the meaning given it under Milmesota Statutes section 609.02. subdivision 7a. . H. "Great bodily harm" has the meaning given it under Minnesota Statutes section 609.02, subdivision 8. SECTION 3. Section 10.21 is amended by adding the following Subdivision: Subd.18. Dangerous Dogs. A. It is unlawful for any person to possess, own, or keep a potentially dangerous dog or dangerous dog within the City limits, except as provided in this Section. The provisions of this Section do not apply to dogs used by law enforcement officials for police work. B. The City may designate any dog as a potentially dangerous dog, or a dangerous dog upon determining that the dog meets the applicable definitional criteria as stated in Subd.l. The City shall cause the owner of the dog to be notified in writing that such dog is designated as potentially dangerous, or dangerous. C. lf the City designates a dog as a potentially dangerous dog, or a dangerous dog, the owner shall maintain posting on the owner's property warning that there is a dangerous dog on the premises. The posting shall be in a conspicuous location in plain sight on the property and be in a fonn authorized by the City. D. No person may own a potentially dangerous dog, or a dangerous dog unless the dog is registered and has microchip identification as provided in Milmesota Statutes, Section 347.51. 347.515 and 347.52. E. Any potentially dangerous dog, or dangerous dog must be kept in a proper enclosure while on the owner's property. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not longer than 4 feet in length and be and under the physical restraint of a responsible person. SECTION 4. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Milmesota held the _ day of ,2003. Mayor of the City of Shakopee ATTEST: City Clerk PAC-227565v2 2 SH155-23