2015-10-28 Set Agenda w-Handouts

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Memorandum Date: October 27,2015 To: Honorable Mayor and City Council Members From: City Administrator Mike Ericson RE: Appeal Report&Recommendation for dog"Rio" and Designation as Potentially Dangerous Dog RECOMMENDATION: The City Council should affirm the decision of the Police Department finding that the dog, "Rio"is a Potentially Dangerous Dog. REPORT: This report is a recap of the hearing held on October 15, 2015, with City Attorney Kurt Glaser, during which I heard testimony from CLPD Community Service Officer Joe Wressel, dog owner Mike Lee and his father Allen Lee. The victim Michael Sink was not present nor the witness Cory Anhalt. The meeting began at 5:30 p.m. I thanked the attendees and proceeded to hear from the witnesses. Officer Wressel provided a recap of the event which took place on September 16, 2015. The relevant facts of the case are not in question and are consistent with his police reports. Most importantly, the relevant facts of this incident are also consistent with the dog owner's version of the events. Dog owner Mike Lee explained that his father, Allen Lee was walking the dog on a lease when the incident took place. Both Mike and Allen acknowledged how the dog bit Michael Sink without provocation. Mr. Sink was transporting rocks in a wheelbarrow when the dog bit Mr. Sink in the leg. They believed the wheelbarrow must have frightened the dog. Both men stated that this is out of character for the dog. They believe he is not a dangerous or vicious dog. Mike apologized. He noted that all dogs have the potential to bite. He has walked the dog many times and this has never happened. Mike believed that if he had been walking the dog instead of his father, this would not have happened. Rio is a 6 %2 years old dog who was rescued from a puppy mill when he was 1 year old. The Lees challenged whether the dog should be designated as potentially dangerous. They did not challenge any of the criteria imposed on their dog should this designation be upheld. A few questions were asked and answered and all parties left. I stated that I would prepare a report and share it with Council at its next meeting. The standard for Potentially Dangerous Dog is defined in Section 90.10(a)(2) as an "animal which has ... when unprovoked by a victim, bites human or domestic animal while on public or private property." Based on the police reports, and listening to statements from Officer Wressel, Mike Lee, and Allen Lee, I have determined that the designation should be upheld because this dog, Rio is a Potentially Dangerous Dog.