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CITY OF PEQUOT LAKES RESOLUTION 14-06 <br /> IN-, FINDINGS,CONCLUSIONS AND ORDER <br /> OF PEQUOT LAKES CITY COUNCIL ON HEARING REGARDING PEQUOT LAKES <br /> POLICE DEPARTMENT'S FEBRUARY 12,2014 DANGEROUS DOG <br /> DECLARATIONS <br /> WHEREAS,the Applicant, Jeffrey Traxler, requested a hearing before the City of Pequot <br /> Lakes (City) City Council (City Council) under Section 9-2.10(2)(C) of the City's Code of <br /> Ordinances (City Code) seeking review of two dangerous dog declaration notices the City's <br /> Police Department issued to him on February 12, 2014 with respect to two Akita dogs owned by <br /> Applicant, Kuda and Koko, for an incident that occurred on February 4, 2014; and <br /> WHEREAS, Minnesota Statutes, sec. 347.50, subd. 2 defines a"dangerous dog" as any <br /> dog that has: <br /> (1) without provocation, inflicted substantial bodily harm on a <br /> human being on public or private property; <br /> (2) killed a domestic animal without provocation while off the <br /> owner's property; or <br /> (3) been found to be potentially dangerous, and after the owner <br /> has notice that the dog is potentially dangerous, the dog <br /> aggressively bites, attacks, or endangers the safety of humans or <br /> domestic animals . . . . <br /> and <br /> WHEREAS, for purposes of the above statutory definition of dangerous dog, <br /> "provocation"means"an act that an adult could reasonably expect may cause a dog to attack or <br /> bite. Minn. Stat. sec. 347.50, subd. 8; and <br /> WHEREAS,pursuant to Minn. Stat. sec. 347.565, the State of Minnesota's dangerous <br /> dog laws must be enforced by the City; and <br /> WHEREAS, City Code sec. 9-2.10(2)(C) sets forth the following procedure for an owner <br /> of a dog declared to be a dangerous dog to challenge the City's declaration: <br /> If the owner of the dog requests a hearing as to the dangerous <br /> nature of his/her dog, then the City Clerk shall place the matter <br /> before the City Council at its next regular meeting. The owner <br /> may present evidence in opposition to the designation of his/her <br /> dog as dangerous or potentially dangerous. The Chief of Police or <br /> his/her designee shall present evidence to the City Council that <br /> supports his determination that the dog is dangerous or potentially <br />