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4 Kennel Permit/Cosgrove CITY OF CHANHASSEN City Cmt" Driv" PO Box 147 'anhllS,m, Minnesota 55317 Phon, 612.937.1900 Gm"a/ Fax 612.937.5739 'ginming Fax 612.937.9152 ;tic Safety Fax 612.934.2524 'tb www.ci.chanhassen.mn.uJ Lf MEMORANDUM TO: Mayor City Council FROM: Scott A. Botcher, City Manager DATE: October 4, 2000 SUBJ: Application for Kennel Penn it, 7J 87 Fawn Hill Road, Kris Cosgrove The city has received a request for a kennel permit at 7187 Fawn Hill Road (see Attachment #1). The owner, Ms. Cosgrove, owns 3 male Shetland sheepdogs in a residential neighborhood. Staff received several complaints regarding the kennel permit following publication in the Chanhassen Villager. The complaints centeretl around excessive barking, aggressive behavior, one known bite, and several other alleged bites over the past year (see Attachment #2). When complaints are received, the ordinance calls for the City Council to consider approval of the kennel license. Staff inspected Ms. Cosgrove's kennel, which is located in the unfinished basement of her home, and it is maintained in a neat and orderly manner. The applicant has installed a "hidden fence system," however; it has not worked properly in the past. I have attached a letter from Guy K. Treanor, owner of Kenneth Companies, who has repaired the fence system and states that".. . the system is up and running and the dogs are completely contained" (see Attachment #3). Based on Mr. Treanor's statements, I still cannot recommend the invisible fence system as a "proper enclosure" that will provide protection to both the dogs and the neighborhood. I would recommend the installation of a 4 ft. chain link fence around the perimeter of the applicant's back yard with locks on all gates. RECOMMENDATION Staff recommends approval of the kennel permit for Ms. Kris Cosgrove at 7187 Fawn Hill Road with the condition that the applicant install a 4 ft chain link fence around the perimeter of the applicant's backyard with locks installed on all gates. ATTACHMENT I. Application 2. Complaints 3. Letter from Mr. Guy Treanor dated September 15, 2000 4. Miscellaneous Items g:\admin\tg\cos~rove kennel.doc :itv of Chmzhassen. A {l'owinr communitv with dean lakes, Quality schools, 11 chamzin'1 downtown. thrivin{1 businesses. and beautifù! f1t1rlu. A ffl'l1t tJ!aœ to IÙJf. IIInrk. ond bin Application CITY OF CHANHASSEN 690 COULTER DRIVE P.O. BOX 147 CHANHASSEN MN 55317 PERMIT # o(! - {}O Ii t/ (/!!-- APPLICATION OR RENEWAL FOR KENNEL PERMIT APPLICATION FEE: $25.00 Required when keeping any combination of more than Two (2) animals (dogs & cats) over six (6) months of age. Application date: F- Iß- ¿:;¡o &ú . Applicant and owner: ~f,(' ¡:CvC I' ! ~ ¡ /I, , " / /". ..'/"~~J. iii )/. ¡;:,. JI/ll1 ,H,/(,~ //T City State -"'1/7, /' /"C> .' ? /,;///,- '1 ') _,/ í Zip 7/ 27 7 I:::' A;!¿/ It / Street Phone #: ';:770 - ¿1 7.J f Address: Will animals be kept at above address? ( circle one) l§ no *if no, state address Number of dogs/cats currently owned: )"hlj/i/1./ </1..1:0 ~r (~ (circle one) No. / Breed: F spayedJ~-L1!.~J:ed No. 2- Breed: <{ìV II/â'1¡(5A/~~~/ M:--'5 F spayedJneuteêOO' ~éY c...--..::..-/ No. 13 Breed: (ÎW;;Æ/:i7w/<k¥~ eJl:b F spayedJIl~ê1:I , *Note: a new application must be submitted if the number of dogs or cats Over six months of age increases. Is this kennel application for: Commercial operation: Non-commercial operation: I--- Have you secured rabies vaccinations? (circle one) (ý%iJ no Describe how the animals are confined: I!í/ff¡} /11 ¡Çftí' ¡( ßl ¡; ;/ r it-/¡ PI'? I ;O¡(/Nj,;' fir!' j¡ 4- ¿/f ;1'/,/-:Ølé'..-/ FOR OFFICE USE ONLY Action taken & date Cc:toCSO 'l/%Ao . Sent to Vill~cJ ~/þ,> ~YH<-e_ Signature of Applicant & Owner ¡4I/..1,,..e..f {I" I Chanhassen Kennel Permit Applications . The following resident has applied for a kennel permit: Kris Cosgrove, 7187 Fawn Hill Road. Chanhassen, MN 55317 Any'resident wishing to comment on the issuance of this kennel pennit should direct written comments to the City Manager, 690 City Center Drive, Chanh~ssen, MN 55317 within 10 days of this publication. If no comments are received. the pennit will be . issued as presented, subject to approval by the- Kennel Inspector. . Complaint Letters RECEIVED AUG 2 1 2000 . CITY OF OHANHASSEN Dø(Cf\ah~~Sen CI~ fY1Otn{A.~( (efj~~ç OJ~ W~r\\e~,;,~f ~'~,,~ .... OlAv n.c "5 h bo v 5 C K ÝJ S LQ$ ~.r.6 Vc::.) hOls. Ckpplí~d-~ý.. :\~1~~~ .~\\ It(.. PIé:..C\se dö no+- /S'SlAG-th'I.S . re0!ìí+-: LJLAV---baLk-L1Olrct. 1ì1.c~ç ~t..í.... . baL\LYO-ytL - --t-ne::\.+. 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D (þt> b s 't1ÒV'í:-" RECEIVED AUG 2 2 2000 CITY OF CHANH' "SSEN August 20,2000 City Manager 690 City Center Drive Chanhassen, MN 55317 Dear City Manager, This letter shall serve notice that we oppose the kennel permit under consideration at the property at 7187 Fawn HilI Road. The three dogs are known to enter the street and aggressively approach all who pass by. We understand there has been as many as four actual dog bite incidents. While personal safety is our first and foremost concern (we have 2 children- 3 years old and 7 months) we along with all Longacres residents have agreed to cooperate with our association rules and regulations. Part of those rules state that there is a two dog maximum. The residents in question no doubt were aware of these restrictions and still decided to bring their three pets to our neighbor- hood. It seems quite clear to me that NO kennellicense should be granted for the residents at 7187 Fawn HilI Road. Thank you for your consideration. Sincerely, ~D4 ~- Paul and Lynnette Olson 2189 Red Fox Circle Chanhassen, MN 55317 RECEIVED AUG 2 8 2000 CITY Of CHANHASSEN City Manager 690 City Center Drive Chanhassen, MN 55317 August 25, 2000 Dear City Manager, I am writing to you In opposition to the Kennel Permit application by Kris Cosgrove, of 7187 Fawn Hill Road. Since moving to Longacres in the winter of 2000 the Cosgrove dogs have crossed their property line and inflicted bites on at least five different occasions while entirely unprovoked. I believe that I may have been the first to report such an incident to local authorities. I am aware of at least two neighbors who made attempts to speak to the property owners about their bites onJy to have the front door slammed in their faces. I avoid at all costs walking down Fawn Hill as do other neighbors, do to the Cosgrove's present lack of responsibility in controlling their dangerous dogs. I am also aware that officer Michael Fahey entered their property in an attempt to report my incident only to find the homeowners not home just minutes after my bite, the same dog approached him in a very dangerous manner at which time he was forced to defend himself against the dog. I am also aware that the Cosgrove's were told to quarantine the dog in mention for ten days, and they did not. I would like to suggest that you investigate into the former address of the Cosgrove's as I have recently heard that the same problems occurred at their old neighborhood. As a parent of three young children I am very concerned that the next victim could be a child. In addition, it is clearly written in our homeowner's association rules that a house can have a maximum of two dogs. They have had three dogs in violation of this rule. I plan to publish the proper protocol for reporting dog bites in our next neighborhood newsletter and believe we will soon be hearing of many more incidents, at the very least r d like to suggest that you give this pet owner a warning and an extended waiting period before granting their request for a kennel permit. It is my very strong opinion that these dogs should never be left alone outside without supervision, it is clear that their invisible fencing is not adequate and that they have a known disposition to attack without provocation. Enclosed is a copy of the police report from the dog bite to my leg. Please contsct me if you have any questions. Sincerely, ~~~~ Sandra K. LaPrade 2351 Hunter Drive Chanhassen, MN 55317 RECEIVED \UG 21 2000 CITY Ir "e'r""HI'\::>:>H; August 18, 2000 Dear Sirs: I am writing this letter in response to the kennel permit application notice posted in this week's Vi//agerfor Kris Cosgrove. I live next door to 7187 Fawn Hill Road and am requesting that you DO NOT approve this permit. The household in question is directly in violation of Section 8 of the Declaration of Covenants set forth for Longacres, which states the total number of dogs and cats per lot shall not exceed two. In addition, these particular dogs are a menace. One of them has entered my yard and bitten me, One a separate occasion, one has bit my son in the street in front of our house. They frequently run into the street and chase cars and they have bitten three other people that I know of as they were walking past in the street. They bark at and sometimes chase the neighborhood children as they are passing on their way between neighborhood houses. My children are afraid to be outside when these dogs are out. I have REPEATEDLY asked that the dogs wear their electric fence collars when they are out but they rarely do. Recently a complaint was filed with the sheriff against one of the dogs, which is now supposed to be under quarantine but all of them are routinely in the yard several hours per day. In addition, these dogs are Shelties, which are known for their excessive barking. A kennel permit would only allow this pattern to continue without reprisal. I am concerned for all children walking by for the school buses. I am concerned for neighbors who just want to take their families or their pets for walks. I am concerned for my own family and the disruption we experience every day trying to ignore the noise and for our safety in trying to avoid the threat from these dogs. I respectfully request that you do not issue this permit. Sincerely, ~~1Ü¡ Cheryl Hissong 7175 Fawn Hill Road Philip and Pamela Brown 2438 Hunter Drive Chanhassen, Minnesota 55317 August 22, 2000 Chanhassen City Manager 690 City Center Drive Chanhassen, Minnesota 55317 Dear City Manager: We saw the Kennel Application for Kris Cosgrove on 7187 Fawn Hill Road in the Chanhassen Villager dated August 17, 2000. We are opposed to this application. The Cosgroves have lived in our neighborhood for over six months and have waited until now to apply for a Kennel Permit. It is against the Longacres Homeowner's Covenants. Before or when they closed on their house, the Cosgroves would have had to sign a document that they read and understood these Covenants. It is clearly stated on page 8 ofthe Covenants that no more than 2 dogs or cats can be kept at one time on the lot. Aside &om the Covenants issue, these dogs have been a Public nuisance and threat. The dogs have bitten at least 4 Adults. To my knowledge, only the last person bit-Sandy LaPrade has called the police. Please look at the Police Report &om August 6,2000 to see the remarks &om Sandy LaPrade's dog bite. The Cosgrove home is located close to one of the two Neighborhood parks. My 4-year-old son &equently plays at his &iend's home that is located two doors up at 7163 Fawn Hill. I do not feel comfortable to leave them alone because of these 3 dogs. I have been told that the Cosgroves state that they have an Invisible Fence to contain these dogs, but the dogs keep going through the fence or do not have their collars on. Many neighbors feel very uncomfortable about walking near the dogs. The Cosgroves have not shown that they are responsible dog owners. Our neighborhood is full of children and we cannot risk any child getting bit. Please do not grant this Kennel Application. Sincerely, ðft¡ê-- ~0G~ Pamela A. Brown Philip E. Brown r·, ;-~ç;;; H'::~~ , "' !""'I""r¡ t, (\liS 2 ;) 2000 Cc: Matt Mesenburg-Longacres Homeowner's Association President CI i 'j Vi- l·¡ ~rd',r í/'~::;SL:jJ Letter from Guy Treanor dated September 15, 2000 Kenneth CO.'S Eden Prairie, MN (612) 937-8258 q/;:;/6O RECEIVEr SEP 1 8 2000 CITY OF CH£ "N,.., "..)....... Guy K. Treanor Owner ;;d.d- GeR"eJ< JJ, ~b'5e. k o.du; S~ fia+ fh /rJi.//s;b& fll-t- [&-JCe. <;~5-+~' Oc+ lìrc¿7 fã"VI\I K,lf Fd. (~PvJ(t\5'<;.e~ Av~ of KrÚs CoS5.ROJ~-. ÇotVstRU0+ro('~ fVJS co(Y\p]~cahJ f~. <;'jd~ IrJ tl ?,o..st, b¡jt /VDw f¡.~. ")JS'~/'f I./f #- RuN Nl1'Jo- aNd d Ctj J ¿'{ r2z ~6- 112./ ð COJ-&.I ',vp-.J . ~) ) G Vi( /( fFuJarJ ú S(' Òuw>Jß:! OOfU/aicJ Authorized Dealer of ~." t't ({ ~~ DogWatcll® HIDDEN FENCE SYSTEMS Af~ceUaneousltems · Ordinance on Private Kennels · Chapter 5 -Animals & Fowl · Information on Dog Bite CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 304 AN ORDINANCE AMENDING CHAPTER 5 OF THE CHANHASSEN CITY CODE CONCERNING PRIVATE KENNELS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SFC.TTON 1 Section 5-16 of the Chanhassen City Code is amended by amending the definition of "private kennel" to read: Private kennel means any place where ei1lw:.: . More than two (2) dogs; or . A combination off our (4) dogs or cats over six (6) months of age are kept or harbored, provided such animals are owned by the owner or lessee of the premises on which they are kept or harbored. SFC.TTON 2 This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 26th day of June, 2000, by the City Council of the City Chanhassen. ~,¡t.~~~ Scott A. Botcher, City Manager (Published in the Chanhassen Villager on July 13, 2000) ~'!t1- Chapter 5 ANIMALS AND FOWL· Art. I. Art. n. In General, §§ 5-1-5-15 Dogs and Cats, §§ 5-16-5-85 Div. 1. Generally, §§ 5-16-5-35 Div. 2. Rabies Control, §§ 5-36-5-50 Div. 3. License, §§ 5-51-5-70 Div. 4. Impoundment, §§ 5-71-5-75 Div. 5. Dangerous Animals, §§ 5-76-5-85 Horses, §§ 5-86-5-106 Div. 1. Generally, §§ 5-86-5-100 Div. 2. Stable Permits, §§ 5-101-5-106 Art. m. ARTICLE I. IN GENERAL Sees. 5·1-5-15. Reserved. ARTICLE n. DOGS AND CATS DMSION 1. GENERALLY Sec. 5-16. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: At large means off the premises of the owner and not under restraint. Commercial kennel means any place where a person accepts dogs or cats from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. Commercial stables means any place where a person accepts horses, colts, ponies, mules, burros or llamas from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. Impoundment means the status of being in the physical custody of the police or any animal control officer of the city, including, without limitation, confmement in the city pound or in the animal control officer's vehicle. Owner means any person who owns, harbors or keeps or has custody of a dog or cat, or the parents or guardians of a person under eighteen (18) years of age who owns, harbors, keeps or has custody of a dog or cat. ·Cross reference-Animals in parks, § 14-65. State law reference-Authority of city to regulate animals, M.S. § 412.221, subd. 21. Supp. No.9 267 § 5-16 CHANHASSEN CITY CODE Private kennel means any place where more than two (2) dogs or cats over six (6) months of age are kept or harbored, provided such animals are owned by the owner or lessee of the premises on which they are kept or harbored. Sterilized means neutered in the case of male dogs or cats, or spayed in the case of female dogs or cats. Under restraint means under control by means of a leash not exceeding six (6) feet in length, or within the property of the owner's premises. (Ord. No. 24-C, §§ I, 19,7-12-76; Ord. No. 24-D, § 1, 8-2-82; Ord. No. 247, § 4, 3-11-96) Sec. 5-17. Interference with enforcement. It shall be unlawful for any person to break open the pound or to attempt to do so, or to take or let out any dog or cat therefrom, or to take or attempt to take from any officer any dog or cat taken up by him in compliance with this article, or in any manner to interfere with or hinder such officer in the discharge of his duties under this article. (Ord. No. 24-C, § 14, 7-12-76) Sec. 5-18. Kennel license. (a) No person shall maintain a private or commercial kennel in the city without securing a license therefor from the city council. The fee for the license shall be as established by resolution. No license shall be required for a private kennel consisting of cats, if the kennel is located on a tract or parcel ofland being used for agriculture as that term is defined in the zoning ordinance, and if the cats are kept for rodent control purposes incident to the agricultural use of the tract or parcel ofland. (b) Kennel licenses shall expire on the April 30 next following their issuance. Upon application for renewal of a kennel license, an authorized city employee shall inspect the kennel of the applicant. The employee shall submit to the city clerk either an affirmative certification that the kennel is maintained in a neat, orderly, and safe condition, or a negative certification that said kennel is not so maintained. The city clerk may issue a renewal kennel license provided that: (1) The certificate is affirmative; and (2) No complaints have been received by the city. In all other cases, the kennel license shall be renewed only upon city council approval. (Ord. No. 24-C, §§ 20.01, 20.02, 7-12-76) Cross reference-Licenses, permits and miscellaneous business regulations, Ch. 10. Sec. 5-18.1. Conditions for issuance of commercial kennel permit. After a conditional use permit has been approved by the city council, a commercial kennel permit shall be issued by the city clerk if the following conditions are met: (1) Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. Supp.No.9 268 ANIMALS AND FOWL § 5·36 Sec. 5·20. Abandonment. No person shall abandon any dog or cat within the city. (Ord. No. 24-C, § 21, 7-12·76) Sec. 5-21. Destruction. (a) A court of proper jurisdiction may issue a summons directed to the owner or custodian of a dog or cat commanding him to appear before the court to show cause why the animal should not be seized and destroyed by any police or animal control officer, or otherwise disposed of in the manner authorized in this article upon sworn complaint being made to the court that anyone (1) of the following facts exist: (1) The animal at any time has destroyed property or habitually trespasses in a damag- ing manner on property of persons other than thè owner; (2) The animal has attacked or bitten a person outside the owner's or custodian's premises; (3) The animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public rights-of.way or highways; (4) The animal is a nuisance as defined; or (5) The animal is running at large in violation of this article. (b) The summons shall be returnable not less than two (2) or more than six (6) days from the date of service thereof and shall be served at least two (2) days before the time of the appearance mentioned therein. Upon hearing and finding the facts true as complained of, the court may either order the animal destroyed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order any police or animal control officer may impound or destroy any animal described in such order. (c) Costs of the proceedings authorized by this section shall be assessed against the owner . or custodian of the animal if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue. (Ord. No. 24-C, § 22,7-12-76) Sees. 5·22-5-35. Reserved. DMSlON 2. RABIES CONTROL Sec. 5-36. Entry powers to enforce. Any police or animal control officer of the city may enter upon the private property of any person in pursuit of any animal under probable cause to believe that such animal has bitten a person or animal, or that such animal is rabid. (Ord. No. 24-C, § 24, 7-12-76) 269 ANIMALS AND FOWL § 5·77 Sec. 5-74. Redemption. (a) Any dog or cat may be redeemed from impoundment by the owner, within the time stated in the notice of impounding, upon payment of the license fee, a late fee for the license in the amount established by resolution if unpaid, the impounding fees, and all other costs and charges incurred by the city for impounding and maintenance of said animal. The impounding fees shall be as established by resolution. (b) Upon the presentation of a correct license tag and a receipt for an animal license fee for the current year and for the required fees, the animal control officer shall release to any owner the animal claimed by him. (Ord. No. 24-C, §§ 7,8,7·12·76; Ord. No. 24·D, § 2, 8·2·82; Ord. No. 24-E, § 1,2·10-86) Sec. 5-75. Disposition of unclaimed animals. Any dog or cat which is not claimed as provided in section 5-74, within five (5) days after impounding, may be sold for not less than the amount provided in section 5·54 to anyone desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall be painlessly disposed of and buried by the animal control officer. Whenever any licensed educational or scientific institution shall request, pursuant to state law, any impounded animal for research purposes, any such impounded animal remaining unclaimed for five (5) days after impounding shall be surrendered to such institution. (Ord. No. 24·C, § 10,7·12·76) DIVISION 5. DANGEROUS ANIMALS Sec. 5-76. Definitions. As used in this section, ('dangerous anima]" means: (1) Any. animal with a known propensity or disposition to unprovoked attacks, to cause injury to or to otherwise endanger the safety of humans or other domestic animals. (2) Any animal that has attacked or bitten any person, except a person that has tor- mented or abused it. (Ord. No. 81, § 1, 10-5·87) Sec. 5·77. Regulation of dangerous animals. Ownership of dangerous animals within the city, with the exception of ownership by a public law enforcement agency, is subject to the following regulations: (1) Leash and muzzle. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length, if possible, or otherwise physically restrained. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all dangerous animals on a leash outside the animal's kennel or pen must Supp. No.1 273 § 5-77 CHANHASSEN CITY CODE be muzzled, if possible, by a muzzling device sufficient to prevent such animal from biting persons or other animals. (2) Confinement All dangerous animals shall be securely confined indoors or in a se- curely enclosed and locked'pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to ,the sides. All structures used to comme dangerous animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house dangerous animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (3) Confinement inOOors. No dangerous animals may be kept in any part of a house or structure such as a porch or patio that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. (4) Signs. All owners of dangerous animals within the city shall, within thirty (30) days of the effective date of this division display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dangerous Animal" or similar words. In addition, a similar sign is required to be posted on the kennel or pen of such animal. (Ord. No. 81, § 1, 10-5-87) Sec. 5-78. Registration. All dangerous animals must be registered with the city public safety department within sixty (60) days after the effective date ofthis division. (Ord. No. 81, § 1, 10-5·87) Sec. 5-79. Penalty. It shall be a misdemeanor for the owner of a dangerous animal to fail to comply with the requirements and conditions set forth in this division. Any animal found to be the subject of a violation of this division shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal requiring the immediate removal of the animal from the city. (Ord. No. 81, § I, 10·5·87) Sees. 5-80-5-85. Reserved. Supp. No. 1 274 Dictated: Scanned: Indexed: Revised 516/98 ICR# (to r J {"II rt j tE'S·ÐEI'AR:EMEN1ìiREP(;}TiIf""~c l,jr·'I':"..·,,;~:,;.i¡i';,¡·" ,:'''h,;¡",,,,;f''''¡~~~H,:,i:';,:;;,,¡.,,,,:,,;;::,,,,\.,_,,. ,,:;:,- ,; ;;'_<li: ;', '. ':::o.:;',,:,,-,Ù. r.,:,-,." ,,':". ,;,.~~:;'iJ1:;i;::;i!f:i',1¡.~,,~H(f!,;"~_~~~¡~)¥,~ Date Occurred: Apt: Time: CJ City: ck State: Zip: J$':¡ /7. Time: Grid: o¿.fQ Area: 2 ðCJ Officer Use: Rê';¡ðn§iUi! A- A.rrested P..rty B- BPsiness c- complainant D_Driver E- )\.t:entioned F- Field CODtaC! J- Ju'Venile K- DOA M- Missing Penon 0- ~ßer p_ Reportiog Person R- Runaway s- suspect T - parent U- Uøknown V_Victim W_Witness ~ Other DOB: Address: Pager#: State: . / DOB: Sa: M!t> II¡;I. H.;.. E.)..... Address: Apt#: City: State: PhoDe#: (II) SIM/T: PhoDe#: (W) Pager#: DLII: State: Additional Description: ~.. .,"BAL,BLK,BLN,BRO,GRY ,RED,sDY,xxx . .._...J BLK,BLU,BRO,GRY,GRN,HAZ,MAR,PNK,XXX ~......~ W,B,I,A,U,H Crime Against _ PersonIFelony Suspected bild Abuse Suspect Known Can Suspect be Identified WitneSS to Crime StoleD Property Traceable License Number Obtained Victiíñ/Suspect RelatiolUbip Video Surveillance Officer Requested to Do Follow-up No Investigative Follow-up Necessary (Cbeck here) Investigative Follow-up Required Y.. Yes Y.. Y.. Y.. Y.. Y.. Y.. Y.. Y.. Maybe No Maybe No No I UDk Maybe No Partial No No I UDk Maybe No ,,·,t~..iIN:~~m¡· Circle "Y" if Yes: Crime Scene Processed Pbotos Taken Property urned in Evidence CoUecn:d Evidence Turned in Property vidence Location: Y N Y N Y N Y N Evidence Needs Analysis Y N Check Type; Bio. AnalySIs Narcotic Analysis _FiDgcspriots Item to be Printed Y N Forfeiture:: Vebicle Money Notice of Seizure Served Location of Seized Item: Firearm YN Reporting Officer: Assisting omcer(s): Officer Assigned for Follow-up: Badge #: Badge # Badge #: Badge II: Badge #: Reviewing Supervisor: Badge #: Report OK: Y IN PAGE 1 OF JRM 069 . ICR#: 00-16081 CARVER COUNTY SHERIFF'S OFFICE OFFENSE /INCIDENT REPORT ************************************************************************************* DATE OF INCIDENT: 08/06/00 OFFENSE: Dog Bite COMPLAINANT: Sandy Kay Laprade DOB 10/13/62 DOG OWNER: Kris Rice Cosgrove DOB 07/09/50 ************************************************************************************* Synopsis: Laprade was walking in front of Cosgrove's residence on Fawn Hill Road when one of Cosgrove's dogs bit Laprade in the leg. I notified Cosgrove about the bite and told her to quarantine her dog for two weeks. ***********~****************.******************************************************** 1. On 08/06/00 at approximately 1000 hrs, I was dispatched to 2351 Hunter Dr., in the city of Chanhassen, in regards to a dog bite complaint. I arrived a couple minutes later and spoke to the complainant, Sandy Laprade. 2. Laprade told me she was walking with her sister in front of 7187 Fawn Hill Road, when a small, collie type dog, ran out to the street and bit Laprade in the left, rear of her leg. Laprade said that after the dog bit her in the leg, the dog went back on to the property. I looked at Laprade's leg and could visually see the dog bite. 3. I contacted the dog owner by telephone, Kris Cosgrove. I informed Cosgrove that one of her dogs bit a woman in the leg. Cosgrove told me she has invisible fencing for her three dogs so they should not have run out onto the street. Then Cosgrove told me she has two different electrical charges on the collars her dogs wear. Cosgrove believes she put on the wrong collar for the dog that bit Laprade. The weaker electrical shock collar was on the dog that bit Laprade and that is why it was able to run onto the street.Cosgrove told me that her dogs have had all their shots and they are all up to date. I will follow up with Cosgrove to make sure she has all the paperwork from her vet stating the dogs have had their shots. 4. I informed both Laprade and Cosgrove that I would write a report. I also explained to them that I would follow up with this case in two weeks to make sure the dog and Laprade are doing fme. EVIDENCE / LOCATION: none END OF REPORT Deputy Gary Stahlke #872 ~ Ð-16 - - ::::ARVER :OUNTY ~~ Q Ir~' '\'\~ \! ' ,H..J :hj~ Deputy County Attorney MICHAEL A. FAHEY C;::- )/ Kari .S. Myrold . CARVER COUNTY ATTORNEY Government Center, Justice Center 600 East Fourth Street Chaska, Minnesota 55318-2188 (952) 36]-1400 (952) 361-1413 Fax Criminal Division Peter [vy, Head Tara E. Keehr Martha E. Mattheis Carrie Daklin, Paralegal Law Office Coordinntor Christopher \Veldon Civil Division Robert G. Hendricks, Head Melissa A. Rossow Edith M. Anderson, Paralegal Juvenile Diyision Janet L. Barke Cain, Hcad Kevin G. Cedergren Victim \Vitness'Coordinator Nancy E. Yates August 8, 2000 Kris Rice Cosgrove 7187 Fawn Hill Chanhassen, Mn 55317 Re: Reported dog bite incident of August 6, 2000 Dear Ms. Cosgrove: According to the above-referenced law enforcement reports, your pet dog has bitten, chased, or attacked a person. A copy of that report is enclosed for your information. Being a pet owner entails certain civic responsibilities. You have the legal duty of maintaining reasonable control over your animal so it does not bite, chase, or attack. The purpose of this letter is to educate you as to the regulation of "dangerous dogs" and "potentially dangerous dogs" pursuant to Minnesota Statute section 347.50. A copy of the statute is attached. Please note the following definitions: "Potentially dangerous dog" means any dog that: I) when unprovoked, inflicts bites on a human or domestic animal on public or private property; 2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. "Dangerous dog" means any dog that has: I) 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) 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. Ajjimwlive AL'tiiJf¡¡'EljIW{ Oppvrlllnit\ Emp/oyer In addition to Minnesota statute, your city may also have local ordinances pertaining to animal control. Please contact your city offices for further information. As you know, many dogs have the potential to create significant injuries. I thank you for your cooperation in taking control of your dog, ensuring that·it poses no further threat to humans or other animals. Sincerely, MICHAEL A. FAHEY 1W¡¡:lIO/ By: Melissa A. Rossow Assistant Carver County Attorney MARJdtr cc. Sandy Laprade Deputy Gary Stahlke, CCSO City of Chanhassen - Public Safety Director 3sota Statutes 1998¡ 347.50 http://\';'~T'''d . revisor .1. . . us/sta tS/34 7 / 50. [l\:.;:\"] ]v\inncsota Statutes 1998. Table of ChaD tel's Subdivision 1. 347.50 to 347.54, the meanings give~ the~. Tenns. terms For the purpose of secti6ns defined in this section have Cê (Q) f0;p Table of contents for ChaDtcr 347 347.50 Definitions. the Subd. 2. Dangerous dog. dog that has: (1) without péovocation, inflicted substantial bodily haéffi on a human being on public or private property; IIDangerous dog'1 means any (2) killed a domestic animal without provocation while orf the ownerls property; or (3) been found to be potentially dangeéouS, and afteé the o'dne~ has notice that the ~og is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. dangerous dogH means any dog that: II potentially (l) when unprovoked¡ inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked¡ chases or approaches a person¡ including a person on a bicycle, upon the streets¡ sidewalks, or any public or priyate property, other than the dog owner's property, in an apparent attitude of att~ck; or (3) has a kno~~ propensity, tendency¡ or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or àomestic a~imals. Subd. 4,. Pro":ler enclosure. 1!Proper enclosure" means securely confined lnàoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection fro~ the elements for tte dog. A proper enclosure àoes not include a porch, patio, or any part of a house, garage, or other structure that ~ould allo~ the èog to exit of its OwTI volition, or any house or structure in which \.:indo'~;s are open or in ....;hich door or windo'~1 scre.:::l1S are the o:lly obstacles that prevent the dog from exiting. Subd. 5. O·...7ler. "O'~,'T1erIT means any person¡ firí.l¡ corporation, organizatio~, or department possessing, harboring, keeping, having a:1 interest in, or having care, custody, 0:::- control of a dog. Subd. 6. Substantial bodily harrL. "Substë!.:1tial bodily harï.lll has the r..eaning given it under section 609.02, subdivisio¡¡ 7a. Sut-d. 7. J._-:.ir.'.al cO:1trol authority. "A..'"1imal control authorityn r~ear'.s 2.:1 age:":.cy of the state¡ county¡ \7';u:lÌciDality, or other go·:-.::rr..t':',e:"¡tal sti::divisio:-l of the state T,;':1ich is~ res?ons"ible fo:::- a:1ir.,al cO:1trol operatio:1s in its jurisdictio:-l. ErST: 1933 c 711 S 1; 1939 c 37 5 3-S; 199-1 c 550 s 1 ccpyrig~: 1933 by c:-=- o:fice 0: Reviso:: of Statt.::es, s:ate 0: Nir.nesota. ¡ - - ¡ - - ICR#: 00-16081 CARVER COUNTY SHERIFF'S OFFICE OFFENSE /INCIDENT REPORT *********************~*************************************************************** DATE OF INCIDENT: 08/06/00 OFFENSE: Dog Bite COMPLAINANT: Sandy Kay Laprade DOB 10/13/62 DOG OWNER: Kris Rice Cosgrove DOB 07/09/50 ************************************************************************************* Synopsis: Laprade was walking in front of Cosgrove's residence on Fawn Hill Road when one of Cosgrove's dogs bit Laprade in the leg. I notified Cosgrove about the bite and told her to quarantine her dog for two weeks. ************************************************************************************* 1. On 08/06)00 at approximately 1000 hrs, I was dispatched to 2351 Hunter Dr., in the city of Chanhassen, in regards to a dog bite complaint. I arrived a couple minutes later and spoke to the complainant, Sandy Laprade. 2. Laprade told me she was walking with her sister in front of7187 Fawn Hill Road, when a small, collie type dog, ran out to the street and bit Laprade in the left, rear of her leg. Laprade said that after the dog bit her in the leg, the dog went back on to the property. I looked at Laprade's leg and could visually see the dog bite. 3. I contacted the dog owner by telephone, Kris Cosgrove. I informed Cosgrove that one of her dogs bit a woman in the leg. Cosgrove told me she has invisible fencing for her three dogs so they should not have run out onto the street. Then Cosgrove told me she has two different electrical charges on the collars her dogs wear. Cosgrove believes she put on the wrong collar for the dog that bit Laprade. The weaker electrical shock collar was on the dog that bit Laprade and that is why it was able to run onto the street.Cosgrove told me that her dogs have had all their shots and they are all up to date. I will follow up with Cosgrove to make sure she has all the paperwork from her vet stating the dogs have had their shots. 4. I informed both Laprade and Cosgrove that I would write a report. I also explained to them that I would follow up with this case in two weeks to make sure the dog and Laprade are doing fine. EVIDENCE / LOCATION: none END OF REPORT @ Deputy Gary Stahlke #872 G,