03 Hearing to Review the Potentially Dangerous Dog Declaration from March 8, 2020-Revised

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CITY OF PEQUOT LAKES RESOLUTION 20- FINDINGS, CONCLUSIONS AND ORDER OF PEQUOT LAKES CITY COUNCIL ON HEARING REGARDING PEQUOT LAKES POLICE DEPARTMENT'S March 8, 2020 POTENTIALLY DANGEROUS DOG DECLARATION WHEREAS, the Applicant, Craig Rose, requested a hearing before the City of Pequot Lakes City Council under Section 9-2.10(2)(C) of the City's Code of Ordinances (City Code) seeking review of a potentially dangerous dog declaration notice the City's Police Department issued to him on March 8, 2020 with respect to a Black Lab dog, Jax owned by the Applicant, for an incident that occurred on March 8, 2020; and WHEREAS, Minnesota Statutes, sec. 347.50, subd. 3 defines a"potentially dangerous dog" as any dog that has: 1. when unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 3. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; and • WHEREAS, for purposes of the above statutory definition of potentially dangerous dog, "provocation"means "an act that an adult could reasonably expect may cause a dog to attack or bite."Minn Stat. sec 347.50 subd. 8; and WHEREAS, pursuant to Minn. Stat. sec 347.565, the State of Minnesota's dangerous dog laws must be enforced by the City; and WHEREAS, City Code sec. 9-2.10(2)(C) sets forth the following procedure for an owner of a dog declared to be a dangerous dog to challenge the City's declaration: If the owner of the dog requests a hearing as to the dangerous nature of his/her dog, then the City Administrator shall place the matter before the City Council at its next regular meeting. The owner may present evidence in opposition to the designation of his/her dog as dangerous or potentially dangerous. The Chief of Police or his/her designee shall present evidence to the City Council that supports his determination that the dog is dangerous or potentially dangerous. Following the hearing, the City Council shall make a determination of facts and issue an order as to whether such dog is properly characterized as dangerous or potentially dangerous...; and