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City Council Regular Meeting Minutes September 9, 2008 Page 2 1 IV. PUBLIC HT.ARING. 2 3 A. Dangerous Dog Hearingy - Gordon Blackey. 3020 Croft Drive. 4 5 Mayor Faust opened the public hearing at 8:07 p.m. 6 7 Police Chief Ohl stated background information on this item is included in the staff report. He 8 stated three different individuals have reported being bitten by Mr. Mackey's dog "Guido". In 9 two of the three instances the victims did not present themselves to the Police Department, so 10 there is no evidence other than verbal reports. On .Tune 26, 2008, an individual reported being 11 bitten by the dog. This report was documented with police photographs. On May 15, 2007, Mr. 12 Blackey was sent a letter indicating that his dog, per state statute, is now considered a 13 "potentially dangerous" dog, due to the first bite report. Due to the second and third reports, state 14 statute would now define Mr. Blackey's dog as "dangerous". Police Chief Ohl advised that if the 15 Council should decide to disregard two of the three reports due to there being no documentation 16 by police other than a verbal report, Mr. Mackey's dog could still be considered as "potentially 17 dangerous", requiring another documented bite to gain "dangerous" dog status under the statute. 18 19 Councilmember Stille noted that the information submitted by Mr. Blackey gives more detail in 20 terms of when the dog bites occurred and when they were reported. He questioned if the 21 significant delay stated in this information is correct. Police Chief Ohl responded in the 22 affirmative. 23 24 Mr. Gordon Blackey, 3020 Croft Drive, addressed the Council and stated the first incident was a 25 guy who said he was bit at 4:00 p.m. and reported it at 1:18 in the morning. When he talked to 26 the individual the next day the individual asked for $500. When he requested to meet in order to 27 see the injuries the individual said he fine and was just kidding. The company this man was 28 working for apologized and said he was not supposed to be on Mr. I3lackey's property. Mr. 29 Blackey stated with the second incident the guy said lie was bitten and reported it four hours 30 later. He actually called the neighbor and asked if it was their dog that was loose; they said no, 31 then he called back and said the dog bit him. It did not make sense. Mr. Blackey stated he is a 32 police officer in Minneapolis and has seen people drive by a barking dog that is unattended, and 33 then make claims saying the dog has bitten them. They try to sue or get money in order to go 34 away. That is why he requested to see the injury. The second guy said lie could not meet with 35 him, and later called and said he needed an MRI and could not walk, at which point he told him 36 no. Mr. Blackey stated with the last incident, he left the house for about 15 minutes and came 37 back to see flyers all over his yard and a kid down the street. He went to talk to the kid and 38 realized he was mentally challenged. He asked him what happened and he said he went in the 39 yard, saw the dog, and ran. The dog ran after him. He fell in the driveway, the dog went after 40 him, and he hied to kick at him. The dog did not pursue him when lie left the yard. His boss then 41 showed up and said he told the boy not to go into the yard because the dog was there. The boss 42 apologized and said he would take care of it. The next thing he knows the man was at the Police 43 Department making a report. Mr. Blackey stated the first two incidents involved individuals 44 trying to extort money. In the third instance the individual did not have a permit to solicit. None 45 of these people have permits or licenses and is covered by the City Ordinance for solicitation. He 46 stated the dog bit the last individual, but under State Statute the dog is exempt if lie bites 3