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AFFIDAVIT OF PUBLICATION <br />STATE OF MINNESOTA ) ss <br />COUNTY OF SHERBURNE <br />Tonya Orbeck being duly sworn on an oath, <br />states or affirms that he/she is the Publisher's <br />Designated Agent of the newspaper(s) known <br />as: <br />Star News <br />with the known office of issue being located <br />in the county of: <br />SHERBURNE <br />with additional circulation in the counties of: <br />WRIGHT <br />and has full knowledge of the facts stated <br />below: <br />(A) The newspaper has complied with all of <br />the requirements constituting qualifica- <br />tion as a qualified newspaper as provided <br />by Minn. Stat. §331A.02. <br />(B) This Public Notice was printed and pub- <br />lished in said newspaper(s) once each <br />week, for 1 successive week(s); the first <br />insertion being on 10/27/2018 and the last <br />insertion being on 10/27/2018. <br />MORTGAGE FORECLOSURE NOTICES <br />Pursuant to Minnesota Stat. §580.033 <br />relating to the publication of mortgage <br />foreclosure notices: The newspaper complies <br />with the conditions described in §580.033, <br />subd. 1, clause (1) or (2). If the newspaper's <br />known office of issue is located in a county <br />adjoining the county where the mortgaged <br />premises or some part of the mortgaged <br />premises described in the notice are located, <br />a substantial portion of the newspaper's <br />circulation is in the latter county. <br />By. /ZZ <br />Designated Agent <br />Subscribed and sworn to or affirmed before <br />me on 10/27/2018 by Tonya Orbeck. <br />1 <br />Notary Public <br />�.a <br />ERICA MARIE WILSON <br />KVM PUBIC -MI NEWTA <br />i\ p : /My CommBelm Ezphes Jen.31, 2021 <br />wr.nr•.nwnwewewm <br />Rate Information: <br />(1) Lowest classified rate paid by commercial users <br />for comparable space: <br />$10 per column inch <br />Ad ID 871807 <br />CITY OF ELK RIVER <br />ORDINANCE 18-14 <br />AN ORDINANCE <br />AMENDING CHAPTER, <br />10-91, DEFINITIONS OF <br />THE CITY OF ELK RIVER, <br />MINNESOTA, CITY CODE <br />The City Council of the City of <br />Elk River does hereby ordain as <br />follows: <br />SECTION 1. That § 10-91, Defi- <br />nitions of the City of Elk River Code <br />of Ordinances shall be amended to <br />read as follows: <br />Definitions in this section shall <br />have the following meanings: Dan- <br />gerous dog means a dog that: <br />(1) Has when unprovoked, in- <br />flicted substantial bodily harts on <br />a human being on public or private <br />property; <br />(2) Has killed a domestic ani- <br />mal when unprovoked while off the <br />owner's property; <br />(3) Has attacked one or more <br />persons on two or more occasions; <br />(4) Has been found to be po- <br />tentially dangerous and after the <br />owner has notice of the same, the <br />dog aggressively bites, attacks, or <br />endangers the safety of humans or <br />domestic animals; or <br />(5) Has previously been declared <br />a "dangerous dog' pursuant to <br />Minn. Slats. §§ 347.50 to 347.565 <br />by the animal control authority of <br />another jurisdiction. <br />Dog means both the male and <br />female of the canine species, com- <br />monly accepted as domesticated <br />household pets. <br />Great bodily harts means bodily <br />injury which creates a high proba- <br />bility of death, or which causes se- <br />rious permanent disfigurement, or <br />which causes a permanent or pro- <br />tracted loss or impairment of the <br />function of any bodily member or <br />organ or other serious bodily harts. <br />Impartial hearing officer means <br />an impartial employee with the City <br />of Elk River or an impartial person <br />or persons retained by the City of <br />Elk River to conduct a hearing to <br />determine the status of a declare - <br />ton or a seized dog. <br />Maintenance costs means any <br />costs incurred as a result of seizing <br />an animal for impoundment, includ- <br />ing, but not limited to, the captur- <br />ing, impounding, keeping, treating, <br />examining, securing, confining, <br />feeding, destroying, boarding or <br />maintaining seized animals, wheth- <br />er these services are provided by <br />the city or the pound. <br />Owner means any person or <br />persons, firm, corporation, organi- <br />zation, department, or association <br />owning, possessing, harboring, <br />keeping, having an interest in, or <br />having care, custody or control of <br />a dog. <br />Potentially dangerous dog <br />means a dog that: <br />(1) Has when unprovoked, in- <br />flicted a bite on a human or do- <br />mestic animal on public or private <br />property; <br />(2) Has when unprovoked, <br />chased or approached a person, <br />including a person on a bicycle, <br />upon the streets, sidewalks or any <br />public or private property, other <br />than the owner's property, In an ap- <br />parent attitude of attack; <br />(3) Has a known propensity, <br />tendency or disposition to attack <br />unprovoked, causing injury or oth- <br />erwise threatening the safety of hu- <br />mans or domestic animals; <br />Has previously been declared a <br />"potentially dangerous dog" pur- <br />suant to Minn. Stats. §§ 347.50 to <br />347.565 by the animal control au- <br />thority of another jurisdiction. <br />Proper enclosure means se- <br />curely confined indoors or in a <br />securely enclosed and locked pen <br />or structure suitable to prevent the <br />dog from escaping and to provide <br />protection for the dog from the el- <br />ements. A proper enclosure does <br />not include a porch, patio, or any <br />part of a house, garage, or other <br />structure that would allow the dog <br />to exit of its own volition, or any <br />house or structure in which win- <br />dows are open or in which door or <br />window screens are the only bam- <br />ers which prevent the dog from ex- <br />iting. The enclosure shall not allow <br />the egress of the dog in any manner <br />without human assistance. The en- <br />closure shall contain a self-closing <br />and self-locking gate, which shall <br />be locked at all times when the dog <br />is in the enclosure. <br />Provocation means an act that <br />an adult could reasonable expect <br />may cause a dog to bite or attack. <br />Substantial bodily harm means <br />bodily injury that involves a tempo- <br />rary but substantial disfigurement, <br />or that causes a temporary but <br />substantial loss or impairment of <br />the function of any bodily member <br />or organ or that causes a fracture of <br />any bodily member. <br />(4) Unprovoked means the con- <br />dition in which the dog is not pur- <br />posely excited, stimulated, agitated <br />or disturbed. <br />Passed and adopted by the City <br />Council of the City of Elk River this <br />15th day of October, 2018. <br />John J. Dietz <br />Mayor <br />ATTEST: Tina Allard <br />City Clerk <br />Published in the <br />Star News <br />October 27, 2018 <br />871807 <br />