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Res. #14-024 - Approving Finding in Favor of Designating a Dog as Potentially Dangerous
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Res. #14-024 - Approving Finding in Favor of Designating a Dog as Potentially Dangerous
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7/29/2014 11:48:24 AM
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RESOLUTION#14-0,Z: <br /> A RESOLUTION APPROVING FINDING IN FAVOR OF DESIGNATING A <br /> DOG AS POTENTIALLY DANGEROUS <br /> WHEREAS, Stan and Stephanie Hasiak are owners of two dogs, one named Heidi and <br /> the other named Szaryk, and <br /> WHEREAS, on or about June 17, 2014, dog Szaryk did leave the premises of owner and <br /> while on the public street did bite a person passing by on a bike, and <br /> WHEREAS, the Centennial Lakes Police Department acting as the City Animal Control <br /> Officer, subsequent to investigating the matter, did designate the dog, Szaryk, as a <br /> potentially dangerous animal, and <br /> WHEREAS, Hasiak's other dog Heidi currently is designated as a potentially dangerous <br /> animal, and was also involved in the June 17, 2014, incident and <br /> WHEREAS, dog owner, Hasiak, has petitioned the Council to reconsider the designation <br /> of their dog, Szaryk as potentially dangerous, and <br /> WHEREAS, Council held a hearing on July 23, 2014, and heard testimony by owner <br /> Hasiak, in support of their petition, and <br /> WHEREAS, Council considered the information provided by Centennial Lakes Police <br /> Department, as animal control officer, that supported the designation of dog, Szaryk, a <br /> potentially dangerous animal. <br /> NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF <br /> CENTERVILLE, MINNESOTA, <br /> 1. The City hereby finds that dog owner Hasiak has not provided evidence to show <br /> an error in the designation of the dog, Szaryk, as a potentially dangerous animal. <br /> 2. The City Council finds that the dog did chase down and bite a person on a bike <br /> while off the dog owner's premises and on a public street, and Council finds that <br /> the dog was not provoked and does not meet the affirmative defenses in City <br /> Code Chapter 91.10, (E). <br /> 3. The decision of the animal control officer designating a potentially dangerous <br /> animal is affirmed. <br /> 4. The Animal Control Officer shall designate a "Proper Enclosure" which shall <br /> include a portion of the yard separately fenced from the area where vehicles must <br /> come and go, and none of the Owner's dogs shall be allowed to run in any area <br />
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