CC_Minutes_2005_0523 - Laserfiche WebLink

Home

City Council Regular Meeting - OS/23/05 Minutes - Page 28 and subject to "he said, she said" accusations and varied interpretations of intent. Councilmember Schroeder reiterated his concerns in considering information provided as a bench handout without prior review and consideration. Kough moved, Klausing seconded, Ihlan Amendment # 1 as follows: Section 501.16, Section E: (2) Exemption. An animal may not be declared dangerous of potentially dangerous if the threat, injury or damage was sustained by a person: a) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; b) who was provoking, tormenting, abusing, or assaulting the animal or can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the animal; or c) who was committing or attempting to commit a crime. Councilmember Ihlan noted that this language, as proposed, was taken from Minnesota Statute 347.51, Subd. 5 (modified to substitute "animal" for "dog"). Councilmember Ihlan spoke in support of the motion; opmmg the need to keep city ordinance language parallel with state statute. Councilmember Ihlan noted that, without amendments 1 and 2 included in the proposed ordinance, she would not vote for the ordinance. Councilmember Ihlan expressed her willingness to negotiate regarding her 3rd proposed amendment. Mayor Klausing again spoke in support of the first two amendments to achieve majority approval of the proposed ordinance at this time; but opined his lack of support for the third proposed amendment. Mayor Klausing opined that the proposed ordinances were not substantially different from past discussions, but recognized the opinions of other Councilmembers regarding presentation of the material at tonight's meeting. Roll Call (Ihlan Amendment #1)