Ch3.§1-10 · City of Nowthen public records

A. Hearing Examiner. 1\. The position of Hearing Examiner is hereby created. The Hearing Examiner shall have the following duties: a. Hear all contested cases following appeals of orders of the enforcement officer b. Take testimony from all interested parties. C. Make a complete record of all proceedings. d. Affirm, repeal or modify the order of the enforcement officer, and prepare written findings of fact. 2\. The City Council shall contract with third parties for the furnishing of all services of Hearing Examiner as contained in this subsection. The selection of the third party used to provide Hearing Examiner services shall be in the complete discretion of the City Council. B. Order. Upon determining that a public nuisance exists on a property within the City, the enforcement officer shall serve a written order upon the owner and any responsible party known to the officer. The order may also be served upon any party known to have caused the nuisance. The order shall contain 1\. A description of the property sufficient for identification which shall include the legal description. 2\. The location of the nuisance. 3\. A description of the nuisance and the basis upon which it is declared to be a nuisance.   4\. The remedial action required to abate the nuisance. 5\. The abatement deadline, as determined by the enforcement officer allowing a reasonable time for the performance of any act required. 6\. A statement that the order may be appealed and a hearing before the City Council obtained by filing a written request with the City Clerk before the appeal deadline. 7\. A statement that unless the remedial action is taken before the abatement deadline or unless a request for a hearing is filed with the City Clerk within the time specified, the City may abate the nuisance and charge all costs incurred against the property as a special assessment to be collected in the same manner as taxes. C. Request for Hearing. Any owner or responsible party who feels aggrieved by an order of the enforcement officer may request a hearing in front of either the City Council or a Hearing Examiner. The request for hearing shall be in writing and shall identify with specificity the basis for the hearing, and whether the hearing should be in front of the City Council or a Hearing Examiner. The request for hearing shall be accompanied by a filing fee as established by Section 1-2-2 of the City Code. This request and the filing fee shall be filed with the City Clerk seven (7) calendar days after the date of the order of the enforcement officer, whichever comes first. 1\. Set Settlement Conference and Hearing Dates. In the event that a request for hearing is filed with the City Clerk, the City Clerk shall within three (3) weeks fix a date for both a settlement conference and a hearing. 2\. Notice. The City Clerk shall mail a notice of the date, time, place and subject of the settlement conference and the hearing to the owner and known responsible parties. 3\. Settlement Conference. The City and the owner/responsible party shall attend or be represented at a settlement conference. Parties or their representatives attending a settlement conference shall be prepared to participate in meaningful settlement discussions. Failure to attend the settlement conference shall constitute a waiver of right to a hearing under this section. At the settlement conference parties may by agreement confirm, modify, or repeal the order of the enforcement officer. Parties may also by agreement fix the time within which the nuisance must be corrected and provide that unless such corrective action is taken, the City   may abate the nuisance. If such an agreement is reached, the City Council shall adopt a resolution confirming said agreement. The City Clerk shall mail a copy of the resolution to the owner and known responsible parties. 4\. Hearing. If a settlement cannot be reached at the settlement conference, the matter shall proceed to a hearing in front of the City Council or a Hearing Examiner. In that hearing the owner/responsible party and the City may appear with counsel and present such evidence as is determined by the City Council or Hearing Examiner to be relevant. The hearing shall be conducted according to Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. Within ten (10) days after such hearing, the City Council or Hearing Examiner shall issue an order affirming, repealing, or modifying the order of the enforcement officer. The City Council or Hearing Examiner's order shall be accompanied by written findings of fact. 5\. Appeal to City Council. When the hearing is conducted by a Hearing Examiner, any person aggrieved by the decision of that Hearing Examiner may appeal that decision to the City Council by filing a written request with the City Clerk within seven (7) calendar days after receipt of the Hearing Examiner's order. At its next available regular meeting following the filing of such a request, the City Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. After the hearing, the City Council shall adopt a resolution confirming, repealing, or modifying the order of the enforcement officer. If the Council's resolution requires abatement, the Council shall fix a time within which the nuisance must be abated and provide that unless corrective action is taken, the City may abate the nuisance. The City Clerk shall mail a copy of the resolution to the owner and known responsible parties. 6\. City to Refund Filing Fee in Some Instances. If the City Council or a Hearing Examiner repeals the order of the enforcement officer, the City shall refund the filing fee to the owner or responsible party. 7\. Abatement. Unless the remedial action is taken or a hearing requested within the required time period, City may abate the nuisance. The City shall take no action to abate any nuisance or violation while the matter is still pending before the Hearing Examiner or the City Council. (Ordinance #6, adopted March 10, 2009)   3-1-11: PENALTY: Any person, association, firm, corporation or other legally recognized entity violating any of the provisions of this Ordinance shall be guilty of a misdemeanor punishable by up to the maximum sentence allowed by law for such offense, unless the City Council has by resolution has set a fine schedule for particular offenses hereunder. If the City Council has set a fine schedule for particular offenses hereunder. If the City Council has set a fine schedule for particular offenses hereunder, then sentences for such violations shall be imposed consistent with said fine schedule. (Ordinance #6, adopted March 10, 2009) (Ordinance 2016-06, adopted December 13, 2016). 3-1-12: RESERVED (Administrative Citation Ordinance #6, adopted March 10, 2009; Ordinance 2013-07, repealed April 9, 2013 and moved to Chapter 1) 3-1-13: OTHER REMEDIES: The City, in its sole discretion, may criminally prosecute any violations, issue administrative citations, and/or seek abatement of any nuisance, as outlined herein. Nothing in this chapter shall be construed to limit the authority of the City under other City Codes. (Ordinance #6, adopted March 10, 2009)   # SECTION 2 DOGS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>3-2-1</td> <td>Definitions</td> </tr> <tr> <td>3-2-2</td> <td>Licensing Requirements</td> </tr> <tr> <td>3-2-3</td> <td>Tags</td> </tr> <tr> <td>3-2-4</td> <td>Dogs and Cats in Motor Vehicles</td> </tr> <tr> <td>3-2-5</td> <td>Kennel License</td> </tr> <tr> <td>3-2-6</td> <td>Dog Enclosures/Shelters</td> </tr> <tr> <td>3-2-7</td> <td>Nuisance</td> </tr> <tr> <td>3-2-8</td> <td>Incorporation</td> </tr> <tr> <td>3-2-9</td> <td>Dangerous Dogs</td> </tr> <tr> <td>3-2-10</td> <td>Potentially Dangerous Dogs</td> </tr> <tr> <td>3-2-11</td> <td>Microchip Identification</td> </tr> <tr> <td>3-2-12</td> <td>Confiscation</td> </tr> <tr> <td>3-2-13</td> <td>Destruction of Dogs in Certain Circumstances</td> </tr> <tr> <td>3-2-14</td> <td>Interference</td> </tr> <tr> <td>3-2-15</td> <td>Penalty</td> </tr> <tr> <td>3-2-16</td> <td>Restrictions</td> </tr> </table> 3-2-1: DEFINITIONS: The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Animal Control Authority: The City of Nowthen or any Law Enforcement agent or other public official acting under its direction and control. Additionally, "Animal Control Authority" shall mean any individual, organization, partnership, or entity operating under contract to perform animal control operations pursuant to a written agreement authorized and approved by the City Council of Nowthen. Animal, Domestic: Any animals normally kept within the home, but not exclusive of the home, such as fish, dogs, cats, potbelly pigs and household birds. Animal, Non-Domestic: Any animals normally kept outside of the home for the purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. City Council: The City Council of the City of Nowthen. Dangerous Dog: Any dog that has:   A. When Unprovoked, inflicted death, Great Bodily Harm, Substantial Bodily Harm, or permanent disfigurement to any person on public or private property; or B. When Unprovoked, engaged in any attack on any person under circumstances which indicated danger to personal safety; or C. Killed a domestic animal while off the Owner's property; or 1\. When Unprovoked, has bitten one (1) or more persons on two (2) or more separate occasions; or 2\. Been found to be Potentially Dangerous, and after the Owner received notice or personal knowledge that the dog is Potentially Dangerous, the dog aggressively bites, attacks, or endangers the safety of a human being or domestic animal; or 3\. Been or will be used, trained, or encouraged to fight with another animal; or whose Owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such dog for fighting with another animal. Dog: Any canine animal, male or female, altered or unaltered. Great bodily harm: Shall have the meaning given it under Minnesota Statutes Section 609.02, Subdivision 8. Hearing: A proceeding conducted by a Hearing Officer in accordance with the requirements of this Section. Hearing Officer: A licensed doctor of veterinary medicine, an Animal Control Authority official, or any otherwise qualified impartial hearing officer, appointed by the City Council. Kennel-Commercial: A "commercial kennel" is a place where boarding and/or training is offered to any number of dogs not owned by the owner or occupant of the premises. Such boarding and/or training may also include but is not limited to related uses such as selling, breeding, showing, treating or grooming. Pet shops, veterinary clinics, and pet grooming facilities are considered commercial uses but shall not be defined as commercial kennels. A conditional use permit is required in any district where commercial dog kennels are not specifically identified as a permitted use. Kennel-Private: A "private kennel" is a place where a dog owner keeps six (6) or more dogs over six (6) months of age on property occupied by the dog owner for residential purposes and where the keeping of such dogs is incidental to the occupancy of the premises, and may include breeding and selling of dogs as a hobby. A private kennel license must be secured from City staff.   Killed: A dog "Killed" or "Kills" a human being or domestic animal if there was a direct causal connection between the act of the attacking dog and the death of the person or other animal. For domestic animals which were euthanized following such an attack, "Killed" or "Kills" shall mean the death was the direct and inescapable consequence of the attack, extensive veterinarian assistance would be futile, and that euthanasia merely hastened the inevitable death of the victim animal. Owner: Any person or persons, firm, corporation, association, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Any person keeping or harboring a dog for five (5) consecutive days shall, for the purposes of this Section, be deemed to be an Owner thereof. Potentially Dangerous Dog: Any dog that has: A. When Unprovoked, bitten a human or domestic animal on public or private property; or B. 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 upon the dog Owner's property, in an apparent attitude of attack; or C. A known history or propensity, tendency, or disposition to attack while Unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper Enclosure: Shall mean securely confined indoors, or in a securely enclosed and locked pen or structure outdoors, suitable to prevent the animal from escaping and providing the dog protection from the elements. A Proper Enclosure does not include a porch, patio, or any part of a house, garage, or other structure 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 dog from exiting. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel, in order to qualify as a Proper Enclosure, shall meet the following minimum specifications: A. The overall floor size shall have a minimum area of thirty-two square feet (32 sq. ft.); B. Sidewalls shall have a minimum height of five feet (5 ft.) and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches (2 in.), support posts shall be one and one-quarter-inch (11/4 in.) or larger steel pipe buried in the ground eighteen inches (18 in.) or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen inches (18 in.) into the ground;   C. A cover over the entire pen or kennel shall be provided, constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches (2 in.); and D. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. Substantial Bodily Harm: Shall have the meaning given to it under Minnesota Statutes Section 609.02, Subdivision 7a. Under Restraint: Shall have the definition as stated in the New World Dictionary of American Language Second College Edition: A. to hold back from action; check; suppress; curb, B. to keep under control, C. to deprive of physical liberty, as by shackling, arresting, etc. D. to limit; restrict. Unprovoked: Shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (Ord. #15, adopted July 12, 2011)

Ch.3 § 1-10

Amendment history