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CITY OF PEQUOT LAKES RESOLUTION 15-19 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 dangerous 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 WHEREAS, Applicant submitted a written request for a hearing on the City's July 12, 2015 potentially dangerous dog declarations which was received by the City on July 24, 2015; and