Council to look at vicious, biting dog ordinance

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BROOKINGS – The Brookings City Council will consider approving an ordinance this week to establish an appeal procedure for dogs that have bitten or have been declared to be vicious.

The meeting will begin at 5:30 p.m. Tuesday at the City & County Government Center at 520 Third St. with an executive session followed by the regular meeting at 6 p.m.

“This proposed ordinance supplements the City of Brookings current animal control ordinances by providing an appeal procedure for parties whose dogs have been declared to be biting or dangerous,” according to an attachment to the agenda available on the city’s website.

The agenda also includes a memo from Police Chief Dave Erickson.

“Animal control officers have declared dogs as biting, dangerous or vicious, and as a result, certain requirements are placed on the dog owner in order to preserve public safety such as muzzling and containment when the dog is outside. Prior to this ordinance, there was no form of appeal or due process for the dog owner if the declaration is disputed. This ordinance will put in place a process by which dog owners can appeal a declaration if they are in disagreement with said declaration,” according to the memo.

A memo by City Attorney Steve Britzman was attached to the agenda.

“The Animal Control Officer often has to make a determination quickly and based only on readily available facts, and by providing an appeal procedure, the city will satisfy the dog owner’s due process rights prior to the imposition of permanent restrictions or removal of the dog,” according to Britzman’s memo.

According to the attached ordinance, the written notice of appeal by the appellant (person making the appeal) must be printed legibly or typed and contain seven points of information, including:

• The reasons the appellant believes the decision is objectionable, incorrect or illegal;

• The type of claim or dispute involved and the time during which it accrued or occurred;

• The name, address and telephone number of the appellant;

• The number of the citation being appealed, if applicable;

• A statement indicating whether the appellant desires the administrative appeal hearing to be open or closed to the public. All administrative appeal hearings are presumed to be open to the public, otherwise the appellant must present good cause to the hearing examiner why it should be closed;

• If legal representative is used by the appellant, their name, address and telephone number must be included;

• The signature of the appellant, legal representative and/or corporate agent.

Other topics

On another topic, the council will consider an ordinance authorizing supplemental appropriation No. 1 to the 2019 budget.

The council will hear a first reading of an ordinance pertaining to rental dwelling units to centralize existing codes and strengthen the inspection program. The public hearing is set for May 14.

The Brookings Municipal Utilities financial report will also be presented Tuesday.

Under the consent agenda, the council will consider three requests to abate property taxes; appointments to the Brookings Committee for People who have Disabilities and other city boards, committees and commissions; declaring surplus property for the city; a bridge reinspection program resolution for use with South Dakota Department of Transportation retainer contracts; and a resolution to authorize a state water plan application and related grant/loan application (State Avenue Watershed Improvement Project).

 

Contact Jodelle Greiner at jgreiner@brookingsregister.com.