12/06/2010 Council Packet (2) - Laserfiche WebLink

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CITY OF LINO LAKES DANGEROUS DOG DISPOSITION AGREEMENT This Agreement is entered into by and between the City of Lino Lakes, Minnesota ( "the City ") and Mitchell Sawh, Andra Sawh and Raun Sawh ("the Owners "). Whereas, the Owners reside at 1366 Wolf Circle, Lino Lakes, and own a dog named Brody; and Whereas, on April 8, 2010, the City Police Department declared Brody to be a "potentially dangerous dog" or "potentially dangerous animal" as those terms are defined in City Ordinance section 503.15 and Minnesota Statutes section 347.50; and Whereas, on November 8, 2010, following a public hearing, the City Council declared Brody to be a "dangerous dog" or "dangerous animal" as those terms are defined in City Ordinance section 503.15 and Minnesota Statutes section 347.50; and Whereas, on November 9, 2010, a furniture mover was bitten by Brody while the mover was in the basement of the Owners' home, after which the dog was seized by the Police Department; and Whereas, the Police Department ordered Brody destroyed in a proper and humane manner pursuant to City Ordinance section 503.16(4); and Whereas, the Owners appealed the disposition order and a public hearing was held before the City Council on November 22, 2010; and Whereas, following the public hearing the City Council found that a subsequent offense had occurred as defined in City Ordinance section 503.16(4), and the ordinance required that the animal be destroyed; and Whereas, the Owners gave the City notice of their intent to appeal the disposition order and the potentially dangerous dog and dangerous dog designations; and Whereas, the Owners and the City wish to resolve this matter without incurring further legal fees, boarding costs and other expenses. NOW, THEREFORE, the Owners and the City, in consideration of the mutual promises contained herein, agree as follows: 1. All boarding fees and costs arising out of the boarding and care of Brody at the Otter Lake Animal Care Clinic ( "the Clinic ") shall be the sole responsibility of the Owners and shall be paid in full as of the date the dog is removed by the Owners pursuant to this Agreement. Prior to removing Brody from the Clinic, the Owners shall have a microchip implanted in Brody for identification. The name of the microchip manufacturer and identification number of the microchip must be provided to the Police Department prior to removal of the dog from the Clinic. The Owners shall be solely responsible for the cost of the microchip implant. After fulfilling the requirements in paragraphs one and two above, the Owners shall remove the dog from the Clinic and transport it directly from the Clinic to a location outside the State of Minnesota. The animal is not to be brought back to the Owners' home or to any other location within Minnesota, even temporarily, prior to permanently removing it from the State. • Page 2 •