03-04-2014 Special Meeting Information

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u � � FLAHERTY � HOOD P.A. MEMORANDUM To: From: Date: Re: Mayor Adams and members of the Pequot Lakes City Council Christopher M. Hood and Robert T. Scott, City Attorneys, City of Pequot Lakes February 26, 2014 Dangerous Dog Enforcement and Contested Hearing Process --------------------------------- VIA EMAIL The following memorandum addresses the process we recommend the City Council of the City of Pequot Lakes (City) follow in conducting a hearing on the Police Department's declarations that two dogs owned by Jeffrey Traxler in the City are "dangerous dogs" within the meaning of Minnesota Statutes, section 347.50, subdivision 2. Introduction and Back�round Jeffrey Traxler resides at 31394 Paul Circle in the City, and is the owner of two Akita dogs, Kuda and Koko. On February 4, 2014, Kuda and Koko both apparently left Mr. Traxler's property and entered a neighboring property at 31432 Paul Circle and killed a Shihtzu named Teddy thereon. The City's Police Department issued Mr. Traxler two citations—one for each of Kuda and Koko—on February 12, 2014 for (1) having unlicensed dogs in violation of City Code sec. 9- 2.7; (2) allowing an animal to run at large in violation of City Code sec. 9-2.5; and (3) having dangerous dogs as defined by Minn. Stat. sec. 347.50, Subd. 2(2). Additionally, the Police Department issued Mr. Traxler two Notices of Dangerous Dog—again, one for each of Kuda and Koko—which notified him of the City's declaration that Kuda and Koko are dangerous dogs 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. The City received Mr. Traxler's request for such a hearing on February 20, 2014. City staff has notified Mr. Traxler and his attorney that the City Council will conduct the hearing in a special meeting on March 4, 2014, at 5:30 p.m., preceding its regular meeting at 6:30 p.m. Our analysis of the law applicable to such a hearing and our recommended process for administering the hearing follows. Applicable Law State statute and the City's dangerous dog ordinance both factor into the City's dangerous dog enforcement proceedings. The substantive dangerous dog regulations that the City must enforce are contained in state law, however the state statutes are largely silent on the process cities should follow to enforce the statutes. Cities do not need to have an ordinance in place in order , ,, � �_ ,� �� i. � uii..� �I , � �� i, i'�iti . -i;�i �i � I i-.��, ,. � , i� �I il I I i . � _. I, �. � - � _�I_i ._ S�I� i 1�- � . i.-i�i�.y�-liii i� _-�7 r