HomeMy WebLinkAboutKruse Dangerous Dog 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
June 19, 2007
Mr. Joel Kruse and Ms. Amanda Bury
6314 Peacan Ave. N.
Oak Park Heights, MN 55082
RE: Dangerous Dog.
Dear Mr. Kruse and Ms. Bury:
As I had mentioned in my May 31" letter to you, I was going to refer your letter and concerns to the City
Attorney's office for review. That review has been completed and I am herewith enclosing for your files
our formal response as provided by Attorney Joshua Christensen.
I am sure you can understand that the City places the safety of our residents at the highest level,
considering this, appropriate enforcement of all ordinances must dutifully implemented as the alternative
could result in the significant injury or harm.
Please let me w if you have any questions.
Sin ?
Eri
Ci
Cc: Attorney Joshua Christensen
Lindy Swanson, Chief of Police
Weekly Notes
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
June 19, 2007
Mr. Joel Kruse and Ms. Amanda Bury
6314 Peacan Ave. N.
Oak Park Heights, MN 55082
RE: Dangerous Dog.
Dear Mr. Kruse and Ms. Bury:
As I had mentioned in my May 31" letter to you, I was going to refer your letter and concerns to the City
Attorney's office for review. That review has been completed and I am herewith enclosing for your files
our formal response as provided by Attorney Joshua Christensen.
I am sure you can understand that the City places the safety of our residents at the highest level,
considering this, appropriate enforcement of all ordinances must dutifully implemented as the alternative
could result in the significant injury or harm.
Please let me w if you have any questions.
Sin ?.istrator
Eri
Ci
Cc: Attorney Joshua Christensen
Lindy Swanson, Chief of Police �^
Weekly Notes
r
ECKBERG,ae-
4k,
LAMMERS ► AA,
ATTORNEYS AT LAW
Writer's Direct Dial: 1809 Northwestern Avenue, Suite 110
(651) 351 -2117 Stillwater, Minnesota 55082
(651) 439 -2878
Writer's E -mail: Fax (651) 439 -2923
ichristensen (a)eckberelammers.com www.eckberglammers.com
June 7, 2007
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd. N.
Oak Park Heights, MN 55082
Re: Kruse- "Dangerous Dog" Designation
Our File No.: 1501 -16055
Dear Mr. Johnson:
I am in receipt of the letter from Mr. Kruse and Ms. Bury. I have also reviewed a copy of the various
police reports as well as Oak Park Heights City Code Sections 601.01 — 601.14 and Minn. Stat. §
347.50 -56. I am of the opinion that the City has acted correctly and in accordance with both the Oak Park
Heights City Code and Minnesota law in designating the animal as a "Dangerous dog."
Minn. Stat. § 347.50, Subd. 2 and Oak Park Heights City Code Section 601.01 define a "Dangerous dog"
as any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on
public or private property; (2) killed a domestic animal without provocation while off the owner's
property; or (3) has been found to be potentially dangerous, and after the owner has notice that the dog is
potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic
animals.
The police reports and other correspondence indicate that the dog was found to be potentially dangerous
by the Oak Park Heights Police Department on May 15, 2006. The police reports further reveal that on
April 23, 2007 the dog acted extremely aggressive towards both Officer Croft and Ms. Mariana, the
owner's neighbor. I believe that this would qualify as endangering the safety of humans under Minn.
Stat. § 347.50 and Section 601.01 and would justify the classification of a "Dangerous dog."
Furthermore, the police reports indicate that on or around May 11, 2006 the dog killed a neighbor's cat.
The killing of a domestic animal without provocation is justification alone for the "Dangerous dog"
classification.
Unlike the classification of a "public nuisance" under Section 601.13, the City does not need to follow a
complaint procedure in order to declare a dog as a "Dangerous dog." Rather, the classification is
mandatory under the circumstances described in Minn. Stat. § 347.50 and Section 601.01 of the Oak
ECKBERG, LAMMERS, BRIGGS, WOLFF G VIER LING, PLLP
Family Law / Divorce • Business and Commercial Law • Criminal Law Personal Injury / Wrongful Death
Estate Planning / Probate • Real Estate • Land Use Law • Mediation Municipal Law Civil Litigation
Eric Johnson
City Administrator
June 11, 2007
Page 2
Park Heights City Code.
While the owners may not agree with the designation of a "Dangerous dog," Minn. Stat. § 347.5 1, Subd.
3(a) provides that after six (6) months of receiving the designation the owners may request a review of
the designation by providing evidence that the animal's behavior has changed due to factors such as age,
neutering, or obedience training. Please feel free to contact me if you have any questions or require any
further information regarding this matter.
Sin re ,
Jo hua . Christensen
JDC /mah