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Resolution 16-06
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Resolution 16-06
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WHEREAS,Applicant submitted a written request for a hearing on the City's July 12, <br /> 2015 potentially dangerous dog declarations which was received by the City on July 24, 2015; <br /> and <br /> WHEREAS, all required notices that the requested hearing to review the City's July 12, <br /> 2015 potentially dangerous dog declarations would be conducted in a special meeting of the City <br /> Council to be held on August 4, 2015 at 6:00 p.m. at the City Council Chambers at City Hall <br /> were duly made by the City; and <br /> WHEREAS,on August 4, 2015, the City Council affirmed the Police Department's <br /> potentially dangerous dog declaration; and <br /> WHEREAS,Applicant requested a hearing for a 6 (six)month review and appeal of the <br /> City's potentially dangerous dog declaration to be conducted in a special meeting of the City <br /> Council to be held on February 29, 2016 at 6:00 p.m. at the City Council Chambers at City Hall. <br /> NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF PEQUOT LAKES,MINNESOTA,that based upon the record,testimony and <br /> evidence presented at said hearing,the City Council makes the following: <br /> FINDINGS <br /> 1. Applicant resides at 3708 Fox Lane in the City. <br /> 2. Applicant is the owner of a German Shepard Mix named Mya. <br /> 3. On July 10, 2015, Mya left the Applicant's property and entered a neighboring property <br /> at 3600 Rickard Rd, and bit a Cockapoo named Cassie. <br /> 4. On July 12, 2015,the City's Police Department issued Applicant a Notice of Potentially <br /> Dangerous Dog for Mya—which notified her of the City's declaration that Mya is a <br /> potentially dangerous dog and provided her with the opportunity to request a hearing <br /> before the City Council to challenge the City's declaration within 14 days from the date <br /> of the notices. <br /> 5. The City Council conducted a hearing on August 4, 2015 and received public testimony <br /> regarding the potentially dangerous dog declarations from the representatives of <br /> Applicant and the City. <br /> 6. All required notices regarding the August 4, 2015 City Council hearing to review the <br /> City's July 12, 2015 potentially dangerous dog declarations were properly made by the <br /> City. <br /> 7. The individuals who testified at the August 4, 2015 hearing are shown on Exhibit A, <br /> which is attached hereto and incorporated herein by reference. <br /> 8. The City Council made the following Conclusion and Order on August 4, 2015: <br /> a. That Mya did NOT inflict a bite on a domestic animal (Cassie) without <br /> provocation while off of the Applicant's property, Applicants' dog Mya is a <br /> potentially dangerous dog as defined in Minn. Stat. sec. 347.50, subd. 3(1). <br /> b. That the City Police Department's July 12, 2015 potentially dangerous dog <br /> declaration with respect to Mya is hereby overruled in its entirety. <br /> BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> PEQUOT LAKES, MINNESOTA,that based upon the record, testimony and evidence <br /> presented at said hearing and the above findings, the City Council makes the following: <br />
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