3 - Hearing to Review and Appeal Potentially Dangerous Dog Declaration

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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.pequotiakes-mn.gov MEMORANDUM To: Mayor Sjoblad and Members of the Pequot Lakes City Council From: Chad Turcotte, Sergeant Pequot Lakes Police Department Date: February 29, 2016 Re: Potentially Dangerous Dog Enforcement and Contested Hearing Process 2016 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. On August 4, 2015 the City Council held a special meeting at which time the Fennell's presented new information regarding their son witnessing the dog altercation that had not previously been reported to law enforcement. The City Council, at the time, deemed it appropriate to make a finding of fact that the dog was potentially dangerous at the time of the hearing. 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