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CITY OF PEQUOT LAKES RESOLUTION 16-06 FINDINGS, CONCLUSIONS AND ORDER OF PEQUOT LAKES CITY COUNCIL ON HEARING REGARDING PEQUOT LAKES POLICE DEPARTMENT'S JULY 12,2015 POTENTIALLY DANGEROUS DOG DECLARATION WHEREAS,the Applicant, Annette Fennell, requested a hearing before the City of Pequot Lakes (City) City Council (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 her on July 12, 2015 with respect to a German Shepard mix dog owned by the Applicant, Mya, for an incident that occurred on July 10, 2015; and WHEREAS, Minnesota Statutes, sec. 347.50, subd. 3 defines a"potentially dangers 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 Clerk 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