Potentially Dangerous Dog Enforcement & Contested Hearing Process

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�P`o�1cF POLICE Eric Kiang 218.568.8111 Chief of Police Fax 218.568.5647 \ 4638 County Road 11 plpd @pequotlakes-mn.gov Pequot Lakes, MN 56472 www.pequotlakes-mn.gov MEMORANDUM To: Mayor Sjoblad and members of the Pequot Lakes City Council From: Chad Turcotte Sergeant, Pequot Lakes Police Department Date: July 30, 2015 Re: Potentially Dangerous Dog Enforcement and Contested Hearing Process 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 a dog owned by Annette Fennell in the City is"potentially dangerous' within the meaning of Minnesota Statutes, section 347.50, subdivision 3. Introduction and Background Annette Fennell resides at 3708 Fox Lane in the City, and is the owner of a German Shepherd mix dog, Mya. On July 10, 2015, Mya apparently left Ms. Fennell's property and entered a neighboring property at 3600 Rickard Rd and bit a Cockapoo dog that was on its own property. The Pequot Lakes Police Department issued Ms. Fennell a Notice of Potentially Dangerous Dog on July 12, 2015;which also provided her 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 Ms. Fennell's request for such a hearing on July 24, 2015. City staff has notified Ms. Fennell that the City Council will conduct the hearing in a special meeting on August 4, 2015, at 6:00 p.m., preceding its regular meeting at 6:30 p.m. Analysis of the law applicable to such a hearing and recommended process for administering the hearing follows. Applicable Law State statute and the City's(potentially) dangerous dog ordinance both factor into the City's(potentially) dog enforcement proceedings. The substantive (potentially) dangerous dog regulations 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 to enforce the regulations in state law, however, cities are free to establish a process for such enforcement, or to supplement the statute's regulations. See Minn. Stat. sec. 347.53 ("nothing in sections 347.50 to 347.565 limits any restrictions that the local jurisdictions may place on owners of potentially dangerous dog.") Minnesota Statutes, sec. 347.50, subd. 3 defines a"potentially dangerous dog" as any dog that: