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HomeMy WebLinkAbout1048 Ord (Impound Animal Notice) ORDINANCE NO. 1048 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SECTION 27-1, SUBDIVISION 9 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Section 27-1, Subdivision 9 of the Stillwater City Code is restated to hereafter read as follows: "Subd. 9. Impoundment; notice to owner; disposition of unclaimed animals. Unrestrained animals may be taken by any officer and impounded in an animal shelter. The officer to whom the animal is delivered shall, without delay, notify the owner, personally or through the United States mail, if the owner is known to the officer or can be ascertained with reasonable effort. If, after five regular business days of the impounding, the owner does not claim the animal, the officer may dispose of the animal in a proper and humane manner. For the purpose of this section, "regular business day" means a day during which the establishment having custody a the animal is open to the public at least four consecutive hours between 8:00 a.m. and 7:00 p.m." 2. Saving. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 21st day of August, 2012. CITY OF STILLWA ; ' Ken-H, i, Mayor ATTEST: Larry D. nsen, Acting City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON Julie Athey, being duly sworn on oath,says:that she is, and during all times herein states has been, Clerk of Sun Newspapers City of Stillwater (Official Publication) Publisher of the newspaper known as the Stillwater Gazette,a newspaper of ORDINANCE NO 1048 AN ORDINANCE AMENDING THE STILLWATER general circulation within the City of CITY CODE,SECTION 27-1,SUBDIVISION 9 Stillwater and.the County of Washington. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Section 27-1,Subdivision 9 of the Stillwater City Code is That the notice hereto attached was cut from restated to hereafter read as follows: the columns of said newspaper and was "Subd.9. Impoundment;notice to owner;disposition of unclaimed animals. printed and published therein on the Unrestrained animals may be taken by any officer and impounded in an following date(s): shelter.The officer to whom the animal is delivered shall,without delay,notify the owner,personally or through the United States mail,if the owner is known to the officer or can be ascertained with reasonable effort. If,after five regular business days of the impounding,the owner does not claim the animal,the officer may dispose of the animal in a proper and 23ed of August 2012 humane manner.For the purpose of this section,"regular business day" means a day during which the establishment having custody of the animal Newspaper Ref./Ad#1123256 is open to the public at least four consecutive hours between 8:00 a.m.and 7:00 p.m." 4 2. Saving. In all other ways the City Code will remain in full force and V' effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 21st day of August, Subscribed and sworn to before me this 2012. 23rd day of August 2012 CITY OF STILLWATER is� Mark Berrima Ken Harycki,Mayor V- ATTEST: NOTARY PUBLIC /s/ Larry D.Hansen,Acting City Clerk (Aug.23,2012)Ordinance 1048 Washington County,Minnesota My commission expires January 31,2016 94` MARK E.RERRIMAN t NOTARY PUBLIC E r MINNESOTA „', ;�„ 'My Commission Expires Jan.31,2016 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE OFFICE BUILDING 324 MAIN STREET SOUTH • SUITE#260 • STILLWATER,MN 55082 TELEPHONE: (651)439-9464 • FAX: (651)439-5641 www.MAGNusoNLAwFam.com DAVID T.MAGNUSON JOHN D.MAGNUSON DTMAGNUSON @MAGNUSONLAWFIRM.COM JDMAGNUSON@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: July 26, 2012 RE: Necessary Changes to City Code Mayor, City Council and Staff: It was recently brought to our attention that a change in the state law requires a slight change to the City Code section dealing with the treatment of stray animals that are impounded by the City. The prior section of the code allowed an animal to be euthanized after being held three days at the impoundment facility. The change in state law now requires that the animal be held for five days and the law further defines those five days as business days rather than calendar days and sets the number of hours that a facility must remain open to qualify as one of the business days. Respectfully submitted, it David T. Magnus• City Attorney