HomeMy WebLinkAboutResolution No. 2008-093 Dangerous Dog RESOLUTION NO. 2008-93
A, DANGEROUS DOG DECLARATION
o e GERMAN SHEPARD NAMED FRIEDA AT 6621 GALWAY
?� o
� a
•'�ORroR T£�
City of rdtna
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 On August 4,2008 the Edina Police Department received a report of a dog bite at 6621 Galway
Drive. Investigation showed the following:
1. The owner of 6621 Galway asked her neighbor to drop off the mail inside the house at
6621 Galway.
2. The neighbor entered the house to drop the mail off when a German Shepard, Frieda,
attacked the neighbor.
3. The 84-year-old victim sustained three separate bite wounds on the right knee,buttock
and underarm area.
4. All three bite wounds punctured the skin and required medical attention.
1.02 Frieda had a previous bite on a five-year-old neighbor who was in the yard at 6621 Galway on
May 25,2007. The incident report states that the dog charged out of the house and bit the boy.
• The boy had a small scrape in the lower back and two puncture wounds on his left calf.
1.03 MN State Statute 347.50 defines a Dangerous Dog as any dog that has,without provocation,
inflicted substantial bodily harm on a human being on public or private property.
1.04 Substantial bodily harm is defined under MN State Statute 609.02 subd.7a. as bodily injury
which involves a temporary but substantial disfigurement,or which causes a temporary but
substantial loss or impairment of the function of any bodily member or organ.
1.05 MN State Statute 347.50 subd.8, defines provocation as an act that an adult could reasonably
expect may cause a dog to attack or bite.
1.06 On August 15, 2008 the Police Chief declared Frieda a Dangerous Dog under section 300.17 of
the City Code
1.07 The dog owner appealed the declaration,which called for a public hearing in front of the City
Council under City Code, section 300.17.
Section 2. FINDINGS
2.01 The three bite wounds on August 4 meet the definition of substantial bodily harm due to the
temporary but substantial disfigurement caused by the multiple bites.
• 2.02 The actions of the victim, dropping off mail upon request of the homeowner, do not constitute
provocation.
Edina Police Department Administration (952) 826-1610
4801 West 50th Street Fax(952) 826-1607
Edina, Minnesota Police 24 hr. and TDD Line(952) 826-1600
55424-1394
RESOLUTION NO. 2008-76
U)
•'�nfl POSVM(F9
Clt v Of Edind
2.03.1 The German Shepard named Frieda,at 6621 Galway Drive,meets the definition of a
Dangerous Dog under State Statute.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina,approves
the Dangerous Dog declaration for Frieda,the German Shepard at 6621 Galway Drive.
Adopted by the city council of the City of Edina, Minnesota, on c b 7,2008.
ATTEST: 4L all
Debra A. Mangen,City lerk James B. Hovland,Mayor
•
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that
the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular
Meeting of October 7, 2008, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 2008.
City Clerk
0
Edina Police Department Administration (952) 826-1610
4801 West 50th Street Fax (952) 826-1607
Edina, Minnesota Police 24 hr. and TDD Line(952) 826-1600
55424-1394