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AGENDA ITEM 4A STAFF ORIGINATOR: John E. Swenson, Chief of Police COUNCIL MEETING DATE: October 10, 2011 TOPIC: Animal Control Ordinance Second Reading of Ordinance 19-11, Amending Chapter 503 of the Lino Lakes Code of Ordinances regarding Animal Control ii. Consider Resolution No. 11-101, summarizing Ordinance No. 19-11 for publication purposes. BACKGROUND: Approximately one year ago, the City initiated an enforcement action under the Animal Control Ordinance. That process provided an opportunity to review how the Ordinance works in a specific situation. After working through that process and then evaluating the Ordinance in light of State law and the ordinances of other municipalities, City staff and the City Attorney have drafted a number of modifications. These changes are intended to streamline the enforcement process while at the same time continue to promote fairness and due process for all parties involved. ANALYSIS The proposed ordinance will no longer use the term "potentially dangerous animal;" either the dog at issue is dangerous, as defined in the ordinance, or it is not. This change will remove any questions with respect to access to an appeal process when a dog is declared potentially dangerous. The proposed ordinance also calls for the appointment of a Hearing Officer for all appeals under Chapter 503. The Hearing Officer is appointed by City Council and charged with all duties related to the appeals process. Utilizing a Hearing Officer will relieve the Council of having to undertake evidentiary hearings and prevent scheduling conflicts with the Council's meeting dates and agendas. If an appeal is filed there is language requiring that all costs associated with the appeal process be covered by the party filing the appeal. The Council approved first reading of this ordinance on September 26, 2011. RECOMMENDATION: Staff recommends approval of the Second Reading and adoption of Ordinance No. 19-11, Amending Chapter 503 of the Lino Lakes Code of Ordinances. ii. Staff recommends approval of Resolution No. 11-101, summarizing Ordinance No. 19-11 for publication purposes.