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Home My WebLink About2007-05-31 OPH Ltr to Homeowner Re Dangerous Dog omiN City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 . VV May 31,2007 .e Kruse and Ms.Amanda Bury �- 6314"' acan Ave.N. 'ark Heights,MN 55082 RE:Dangerous Dog. Dear Mr.Kruse and Ms.Bury: I am in receipt of your letter dated May 28th,2007.At this time I will be forwarding your communication and the documentation contained in various associated police reports to the City Attorney's office for review.When I am in possession of a response from that office,I will provide you with Such information and will proceed from that point. AC" o&• on dministrator Cc: City Attorney's Office City Council Members May 28, 2007 3 0 2 Eric A. Johnson, City Clerk Oak Park Heights City Hall 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082 Re: Demand for Citation per Ordinance 601 et seq. Dear City Clerk; We were recently sent a letter(dated April 24, 2007) of our dog being classified as a "dangerous dog" as defined by Minn. Stat. 347.50 subd. 2, by Lindy Swanson, Chief of Police. This determination is viewed as exceeding police authority for several reasons. While the dog has been removed from Oak Park Heights, the action taken by Lindy Swanson is unauthorized in this case. We demand immediate revocation of the"dangerous dog" designation. First, ordinance 601.13 B & C do not allow a law enforcement officer to initiate the designation process without written formal complaints to the city clerk(all complaints have come by way of telephone; See attached complaint). This has not been done. Second, if a law enforcement officer personally witnesses a dog at large, he"shall immediately seize and impound", which demonstrates that Lindy Swanson is only reacting to hearsay without authority and compliance with procedures, as the dog has never been impounded per ordinance 601.14 A2. Per ordinance 601.22, "any person [including the police chief], firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor." As the police is out of compliance (all well as those named in the complaint), he should be cited with a criminal violation of the ordinance. Furthermore, our pet has not met the statutory definition of"dangerous dog" or even that of"potentially dangerous dog" defined in the ordinance, as this dog has not attacked or bitten any one Lindy Swanson must not only observe the designation procedural limitations, but the definitional limitations of his defamatory publication. To the extent that Oak Park Heights authorizes Mr. Swanson to exceed his limited power to encroach on our civil rights, defame us, and put us in heightened civil jeopardy, the city is also exposed to civil prosecution. If you have authorized Mr. Swanson's behavior, please be prepared to prove your adherence to ordinance limitations described by 601.13 B and C. We expect prompt publication of a written revocation of Lindy Swanson's unauthorized and false declaration, or a will be forced to hire an attorney and bring a civil action. If the city does decide the Notice was justified, please provide us with all procedural evidence. Absent a consensus involving revocation fo the April 24,2007 Notice, or the city sharing all documentary procedural compliance with the ordinance and reconciliation of the ordinance definition of"dangerous dog"with the statutory definition, we will be forced to seek civil relief against anyone who fails to do their job in policing the ordinance of exceeds their authority in defiance of the law. If you have any questions please feel free to call us at (651) 342-0625. Sincerely, Joel Kruse&Amanda Bury 6314 Peacan Avenue North Oak Park Heights, MN 55082 (651) 342-0625 CJG1UPRSW .,PILLWATER POLICE DEPART EN_ DATE 5/30/07 TIME 15 :57 :53 INITIAL COMPLAINT REPORT 107203701 DATE/TIME REPORTED: 4/23/07 16 :33 :37 DISPATCHER: LCSTAGE DATE/TIME STAMP: 4/23/07 16 :33 :48 ENTERED BY: LCSTAGE LOCATION OF INCIDENT: ORLEANS ST E GRID: 412 BURLINGTON ST E STILLWATER, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 214 WARDELL 240 JACOBSON NAMES ASSOCIATED KATHRYN BAER WITH THIS INCIDENT: 812 6TH AV S STILLWATER, MN 55082 PHONE: (H) 651/430-3129 (W) SEX:F DOB: ASSOCIATION:COMPLAINANT DOG COMPLAINT **SEE OPH 107701250 & 107701252** 214 CALL COMP 651 430 3129 9561 JOEL DOUGLAS KRUSE 6314 PEACAN AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 342-0625 (W) 248-5656 SEX:M DOB: 3/16/1981 ASSOCIATION:SUSPECT OWNER OF DOG ISSUED CITATION BY OPH PD ICR 107701252 OFFICER COMMENTS: BAER CALLED TO REPORT THAT THERE WAS A ROTWEILLER TYPE OF DO 214 4/23/07 G RUNNING LOOSE AT THE OLD ATHLETIC BALL FIELD TODAY AT APPR 214 4/23/07 OX 1130 HRS. SHE IS CONCERNED FOR THE WELL BEING OF SHE, HER 214 4/23/07 KIDS, AND HER LEASHED DOGS. SHE LEARNED FROM ANOTHER PERSON 214 4/23/07 USING THE PARK THAT IT HAS BEEN HANGING AROUND ON THE LOOSE 214 4/23/07 AT THE PARK BEFORE. I ADVISED HER TO CALL US THE NEXT TIME S 214 4/23/07 HE SEES IT THERE. 214 4/23/07 OPH PD HANDLED ROTWEILLER AT LARGE AND LOCATED OWNER WHO WAS 240 4/24/07 ISSUED A CITATION FOR LETTING IT RUN LOOSE MID DAY. 240 4/24/07 CLASSIFIED AS: ANIMAL COMPLAINTS - DOG 9561 CJG1UPROPH OAh PARK HEIGHTS POLICE DEPARZ.. JNT DATE 5/30/07 TIME 15 :57 :54 INITIAL COMPLAINT REPORT 107701250 DATE/TIME REPORTED: 4/23/07 12 :23 : 12 DISPATCHER: SKKRUSE DATE/TIME STAMP: 4/23/07 12 :26 : 13 ENTERED BY: SKKRUSE LOCATION OF INCIDENT: 6314 PEACAN AV N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 475 BUCKLEY NAMES ASSOCIATED ANON WITH THIS INCIDENT: PHONE: (H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT AGGRESSIVE DOG AT ABOVE ADDRESS JOEL DOUGLAS KRUSE 6314 PEACAN AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 342-0625 (W) 248-5656 SEX:M DOB: 3/16/1981 ASSOCIATION:SUSPECT OWNER OF ROTWEILLER OFFICER COMMENTS: COMP REPORTED KRUSE ROTWEILLER RUNNING LOSE IN THE YARD.COMP 475 4/23/07 REPORTED THE DOG DOESNT LEAVE THE YARD BUT STILL NOT 475 4/23/07 CONTAINED. I WAS ASKED TO DRIVE BY AND IF THE DOG IS OUT TO 475 4/23/07 STOP.COMP REFUSED TO LEAVE HER NAME.DID TWO DRIVE BY AND 475 4/23/07 THE DOG WAS NOT OUT.WILL FOLLOWUP.CLEARED 475 4/23/07 CLASSIFIED AS: ANIMAL-COMP/LEFT IN VEH NON EMER/DEER REMOVAL-DISP 9562 CJG1UPROPH OAt. PARK HEIGHTS POLICE DEPAR1, T DATE 5/30/07 TIME 15 :57 :55 INITIAL COMPLAINT REPORT 106703859 DATE/TIME REPORTED: 9/28/06 15:56 :54 DISPATCHER: SKKRUSE DATE/TIME STAMP: 9/28/06 15:57 : 10 ENTERED BY: SKKRUSE LOCATION OF INCIDENT: PEACAN AV N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 475 BUCKLEY NAMES ASSOCIATED ANON WITH THIS INCIDENT: PHONE: (H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT ROTWEILLER RUNNING AT LARGE - NEAR GROTH HOUSE JOEL DOUGLAS KRUSE 6314 PEACAN AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 342-0625 (W) 248-5656 SEX:M DOB: 3/16/1981 ASSOCIATION:SUSPECT DOG OWNER OFFICER CATS: ARRIVED IN THE AREA AND OBSERVED NO ROTWEILLER RUNING IN THE 475 9/28/06 AREA.TALKED TO THE HOME OWNER AND HE STATED THAT HE HAD 475 9/28/06 OPENED THE DOOR AND THE DOG GOT OUT.DOG RAN AROUND THE HOUSE 475 9/28/06 BEFORE RETURNNG TO THE OWNER.CLEARED EXPLAINED THE ORDI TO 475 9/28/06 HIM.CLEARED 475 9/28/06 CLASSIFIED AS: ANIMAL-COMP/LEFT IN VEH NON EMER/DEER REMOVAL-DISP 9562 CJG1UPROPH OHI. PARR HEIGHTS POLICE DEPART.._4NT DATE 5/30/07 TIME 15 :57 :55 INITIAL COMPLAINT REPORT 107701252 DATE/TIME REPORTED: 4/23/07 14 :35 :51 DISPATCHER: SKKRUSE DATE/TIME STAMP: 4/23/07 14 :36 :37 ENTERED BY: SKKRUSE LOCATION OF INCIDENT: 6314 PEACAN AV N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 477 CROFT C NAMES ASSOCIATED ANON WITH THIS INCIDENT: PHONE: (H) (W) 1 5 K c o,ti►c, '1 c C ii SEX: DOB: ASSOCIATION:COMPLAINANT LOOSE ROTWEILLER - NOT LEASHED (DOG AT LARGE CITATION ISSUED) JOEL DOUGLAS KRUSE 6314 PEACAN AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 342-0625 (W) 248-5656 SEX:M DOB: 3/16/1981 ASSOCIATION:SUSPECT OWNER OF DOG SW368886 ORD #601/11 DOG AT LARGE DOGS NAME: CHEVY JOAN MARIE MARIANA 15240 63RD ST N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 439-7682 (W) SEX: DOB: 2/06/1937 ASSOCIATION:OTHER COMP DOG CAME ONTO COMPS. PROPERTY AND BARED ITS TEETH PHILIP JOHN GROTH 15242 63RD ST N OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) SEX:M DOB: 2/02/1962 ASSOCIATION:OTHER NEIGHBOR WHO ALSO WITNESSED DOG AT LARGE JOSEPH CROFT PHONE: (H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT TRAFFIC TICKET # SW368886 601/11/ DOG AT LARGE OFFICER COMMENTS: RECEIVED A CALL OF A DOG AT LARGE AT 6314 PEACAN. UPON 477 4/23/07 • CJG1UPROPH OAS_ PARK HEIGHTS POLICE DEPAR1-4NT DATE 5/30/07 TIME 15 :57 :55 INITIAL COMPLAINT REPORT 107701252 DATE/TIME REPORTED: 4/23/07 14 :35 :51 DISPATCHER: SKKRUSE DATE/TIME STAMP: 4/23/07 14 :36 :37 ENTERED BY: SKKRUSE ARRIVAL THE DOG WAS LOOSE NEAR THE DRIVEWAY. I PULLED INTO 477 4/23/07 THE DRIVEWAY AND THE DOG BARKED. AS I STARTED TO GET OUT OF 477 4/23/07 THE VEHICLE THE DOG GROWLED AND BARED IT' S TEETH AT ME. THE 477 4/23/07 DOG APPEARED EXTREMELY AGRESSIVE. I HAD DISPATCHER KRUSE 477 4/23/07 CONTACT THE DOG OWNER VIA CELL AND HE CALLED A ROOMATE WHO 477 4/23/07 WAS WORKING NEARBY AND ARRIVED APPROX. 10 MINUTES LATER TO 477 4/23/07 SECURE THE DOG INSIDE. WHILE THEIR I OBSERVED THE DOG WALK 477 4/23/07 INTO THE YARD OF 15242 63RD AS IT WAS BARKING AND SNARLING 477 4/23/07 AT ME. THE COMP. AT 15240 63RD ALSO ADVISED ME THAT SHE HAD 477 4/23/07 BEEN IN HER BACKYARD HANGING CLOTHES ON THE LINE WHEN THE 477 4/23/07 DOG CAME ONTO HER PROPERTY AND GROWLED AND BARED ITS TEETH 477 4/23/07 AT HER. BOTH NEIGHBORS STATED THAT THE DOG IS AT LARGE QUITE 477 4/23/07 OFTEN. I ISSUED THE DOG OWNER A CITATION FOR DOG AT LARGE & 477 4/23/07 GAVE IT TO THE ROOMMATE TO GIVE TO THE OWNER. IT APPEARED 477 4/23/07 THAT THE DOG HAD GOTTEN OUT OF THE RESIDENCE THROUGH THE 477 4/23/07 BASEMENT PATIO DOOR WHICH WAS OPEN APPROXIMATELY 2 FEET. 477 4/23/07 DANGEROUS DOG LETTER SENT OUT TODAY. OWNER HAS 10 DAYS TO 470 4/24/07 REMOVE THE DOG FROM THE CITY OR PUT IT DOWN. 470 4/24/07 CLASSIFIED AS: ANIMAL-COMP/LEFT IN VEH NON EMER/DEER REMOVAL-DISP 9562 CJG1UPROPH OA, PARK HEIGHTS POLICE DEPAR'L NT DATE 5/30/07 TIME 15 :57 :56 INITIAL COMPLAINT REPORT 106701779 DATE/TIME REPORTED: 5/11/06 8 : 18 : 07 DISPATCHER: SKKRUSE DATE/TIME STAMP: 5/11/06 8 :21 :04 ENTERED BY: SKKRUSE LOCATION OF INCIDENT: 6314 PEACAN AV N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONEpA' `"TLy i LLe n f,jrikii,60 OFFICERS ASSIGNED: 472 HOPPE 474 HAUSKEN (kr,, NAMES ASSOCIATED JOEL DOUGLAS KRUSE WITH THIS INCIDENT: 6314 PEACAN AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 342-0625 (W) 248-5656 SEX:M DOB: 3/16/1981 ASSOCIATION:OTHER OWNER OF DOG TODD CARPENTER FOLLIS )1 15207 63RD ST N OAK PARK HEIGHTS, MN 55082 ', PHONE: (H) 651/351-5429 (W) 651/206-8025 ----- SEX:M DOB: 11/17/1967 ASSOCIATION:COMPLAINANT 1—( NEIGHBORS ROTTWEILLER KILLED A CAT YESTERDAY AND IS CONSTANTLY RUNNING AROUND ,' THE NEIGHBORHOOD COMP IS CONCERNED FOR THE SAFETY OF HIS CHILDREN LAURIE ANN BRYANT 6315 PARIS AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 651/351-9063 (W) SEX:F DOB: 6/30/1963 ASSOCIATION:VICTIM OWNER OF CAT '` 'I `;, -- "i AMANDA JEAN BURY 5222 PARKER AV C' WHITE BEAR TWP, MN 55110 LPHONE: (H} 426-6635 (W) (ic) SEX:F DOB: 2/26/1982 ASSOCIATION:OTHER CO OWNER OF DOG GIRL FRIEND OF HOME OWNER OFFICER COMMENTS: PARTY CAME TO THE PD AND REPORTED THAT LAST NIGHT AT ABOUT 474 5/11/06 1815 HIS NEIGHBORS DOG KILLED ANOTHER NEIGHBORS CAT. THE DOG 474 5/11/06 IS A ROTTWIELLER AND PER THE COMP IT RUNS AT LARGE OFTEN. 474 5/11/06 I SPOKE WITH AMANDA BURY WHO IS CO OWNER OF THE DOG BUT 474 5/11/06 DOESNT LIVE AT THE HOUSE WITH THE DOG. I ADVISED HER OF THE 474 5/11/06 POTENTIALLY DANGERS DOG STATUTE. SHE STATED THAT HOME OWNER 474 5/11/06 CJG1UPROPH OAx, PARK HEIGHTS POLICE DEPAR'L ANT DATE 5/30/07 TIME 15:57 :56 INITIAL COMPLAINT REPORT 106701779 DATE/TIME REPORTED: 5/11/06 8 :18 :07 DISPATCHER: SKKRUSE DATE/TIME STAMP: 5/11/06 8 :21 :04 ENTERED BY: SKKRUSE WOULD BE HOME AT ABOUT 1630 . I SPOKE WITH THE OWNER OF THE 474 5/11/06 CAT AND SHE CONFIRMED IT WAS KILLED AND SHE STATED THE DOG 474 5/11/06 OWNER HAD COME TO HER HOUSE AN APOLOGIZED TO HER. I DID NOT 474 5/11/06 SEE THE DOG AT THIS TIME. 474 5/11/06 STOPPED AND SPOKE WITH THE DOG OWNER "KRUSE" . HE WAS 472 5/11/06 ADVISED THAT DO TO HIS DOG ATTACKING AND KILL HIS NEIGHBORS 472 5/11/06 CAT THAT HE WOULD BE RECEIVING NOTIFICATION IN THE MAIL THAT 472 5/11/06 HIS DOG WOULD BE CLASSIFIED AS A POTENTIALLY DANGEROUS DOG. 472 5/11/06 AMANDA DROPPED OFF MICROCHIP PAPERWORK 7-5-06 . PAPERWORK WAS 470 7/06/06 PLACED IN CASE FILE. 470 7/06/06 CLASSIFIED AS: ANIMAL - BITES 9561