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

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WHEREAS, Applicant submitted a written request for a hearing on the City's March 8, 2020 potentially dangerous dog declaration which was received by the City on March 9, 2020; and WHEREAS, all required notices that the requested hearing to review the City's March 8, 2020 potentially dangerous dog declarations would be conducted in a special meeting of the City Council to be held on Apri17, 2020 at 6:00 p.m. at the City Council Chambers at City Hall were duly made by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEQUOT LAKES, MINNESOTA,that based upon the record, testimony and evidence presented at said hearing, the City Council makes the following: FINDINGS 1. Applicant resides at 31092 Lakewood Ave in the City Mound. 2. Applicant is the owner of a Black Lab named Jax. 3. On March 8, 2020, Jax bit a 5 year old child unprovoked at a residence in the city of Pequot Lakes. 4. On March 8, 2020, the City's Police Department issued Applicant a Notice of Potentially Dangerous Dog for Jax—which notified him of the City's declaration that Jax is a potentially dangerous dog and provided him with the opportunity to request a hearing before the City Council to challenge the City's declaration within 14 days from the date of the notices. On March 9, 2020 the applicant did make that request. 5. The City Council conducted a hearing on April 7, 2020 and received public testimony regarding the potentially dangerous dog declarations from the representatives of Applicant and the City. 6. All required notices regarding the April 7, 2020 City Council hearing to review the City's March 8, 2020 potentially dangerous dog declarations were properly made by the City. 7. The individuals who testified at the April 7, 2020 hearing are shown on Exhibit A, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEQUOT LAKES, MINNESOTA, that based upon the record, testimony and evidence presented at said hearing and the above findings, the City Council makes the following: CONCLUSIONS AND ORDER 1. That Jax inflicted a bite on a 5 year old child without provocation, Applicants' dog Jax is a potentially dangerous dog as defined in Minn. Stat. sec. 347.50, subd. 3(1). 2. That the City Police Department's March 8, 2020 potentially dangerous dog declaration with respect to Jax is hereby affirmed in its entirety.