Bo, the dog, is pictured above. The Blue Earth City Council spent time at their meeting discussing an incident involving Bo and what to do about it.

The Blue Earth City Council had several serious matters to discuss when it met on Monday, April 17, including the fate of a potentially dangerous dog.

The dog, Bo, was declared potentially dangerous on April 7, following an incident in which he allegedly bit Blue Earth resident John Gieser.

After a public hearing held on April 17, Bo was designated as dangerous, and his owner, Brandon West, was given a period of 14 days to meet state statutory requirements for owning a dangerous dog.

According to a report filed by the Blue Earth Police Department, the incident occurred around 7 p.m. on April 7. Gieser was walking his daughter’s dog near his residence on East Fourth Street, and West was outside with Bo on his own East Fourth Street property.

“West said that his dog took off towards Gieser’s dog and that he followed right behind the dog to retrieve it,” the report states. “West said that Gieser began trying to hit at the dog before it got near him.” 

The report adds that West was advised Gieser was in his rights to protect himself from the charging dog.

It continues, “Gieser had picked his dog up off of the ground to prevent them from getting injured. Gieser stated that West’s dog jumped at him and the dog he was holding, and during this bit him in the hand.” 

The report documents clear puncture wounds on Gieser’s right hand.

West and his partner, Elizabeth Ramirez, countered the report’s findings, suggesting that Gieser was not bitten, but instead sustained his injuries when he hit Bo.

The report maintains that whether or not Gieser was bit is irrelevant. It states that Bo leaving West’s property and charging Gieser is sufficient cause to designate Bo as potentially dangerous.

West and Ramirez also countered that their underground fence sustained damage following utility work done by the city, and has yet to be repaired.

Officer Tharen Haugh, one of two officers on the scene on April 7, advised that West still has an obligation to control his dog.

Immediately following the incident, Bo was placed in quarantine at the Faribault County Humane Society (FCHS). When West produced Bo’s vaccination records, he was released into West’s custody on Monday, April 10. Bo remained in quarantine at West’s home as of April 17.

West and Ramirez were initially served with a potentially dangerous dog declaration. However, the matter became more complicated when city administrator Mary Kennedy realized Bo had already been declared a potentially dangerous dog after an incident on Sept. 18, 2020.

On that day, two dogs owned by West – Bo, and a second dog named Chance – jumped over their fence and attacked a citizen and a police officer. The police report states the citizen received bite marks on both forearms which were treated at the Emergency Room.

Bo was declared potentially dangerous on Oct. 22, 2020, while Chance was declared a dangerous dog, and ordered to be destroyed by the council.

In a report to the council on April 17, Kennedy explained, “It has historically been the practice of the City Council to uphold the potentially dangerous dog declaration for one year, which would drop after that in the case that no other infractions had occurred.” 

She continued, “Because Bo has previously been registered as a potentially dangerous dog and the Blue Earth City Code states that a dangerous dog is any dog that has been found to be potentially dangerous, I am recommending that the City Council advance the declaration of this animal to dangerous dog.” 

The council agreed with her recommendation, but debated whether Bo could remain in West’s custody over the next 14 days – West’s designated timeframe to comply with the state’s dangerous animal requirements.

As the police department was unaware of Bo’s previous designation in 2020, they had already released Bo back into West and Ramirez’s custody once his vaccination records were produced.

“We were operating as if it was the first event,” Haugh explained. “All we needed to know was the dog had its vaccinations.” 

Eventually, the council voted unanimously to classify Bo as dangerous and allow West the 14 days to comply with dangerous animal requirements. The council also agreed that Bo will remain in the city’s custody at the FCHS until West has met the requirements. West will be responsible for the fees accrued by Bo’s stay at the FCHS.

According to City Code, requirements to keep a dangerous dog include obtaining microchip identification, providing a photograph of the dog to City Hall, posting warning symbols at the property where the dog resides, affixing dangerous dog tags to the dog at all times and obtaining a surety bond or liability insurance.

Most notably, the owner must keep the dog in a proper enclosure on their property, either securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping.

The council agreed to allow West some flexibility regarding this requirement, as he may be unable to complete construction on an enclosure before the allotted 14 days have passed.

In other business, the Blue Earth City Council: 

• Passed Resolution 23-08 to annex a portion of the Township of Blue Earth City to the city of Blue Earth.

The resolution will now be sent to the state for approval, at which point the council hopes the state legislature will approve the proposed bonding bill to fund construction of a new sanitary sewer system for Riverside Heights residents.

• Discussed the need for increased security measures at City Hall, and approved the purchase of a cloud-based access system with a striker locking system for the building’s exterior doors, which will cost $3,781, as well as an emergency lockdown button costing $400.

City Hall will also receive a safety audit in late May, at which point the council may consider implementing additional security measures at the building.

• Approved a purchase agreement for 103 Bluestem Drive, which Kevin and Annette Pevestorf intend to purchase from the city for $223,000, contingent on the sale of their current property in Chaska.

• Voted to move forward with pressing criminal charges against the owner of a property on East Seventh Street. The property has accrued several City Code violations.

• Approved a lease for Advantage Aviation Systems, which intends to lease a private hangar lot from the city to construct a commercial aviation FBO hangar facility.

• Approved a Conditional Use Permit for Steve Kittelson and Lisa Lindberg, who wish to install a solar panel on a lot they purchased from the city, which lies adjacent to their residential property at 1200 Oak Knoll Drive.

• Voted not to waive the statutory tort limits for the city of Blue Earth.

• Approved Nick Bleess’s retirement from the Blue Earth Fire Department after 34 years of service, effective April 15.

• Approved John Lindsey’s resignation from the Airport Advisory Commission, and appointed Levi Hendrickson to the Airport Advisory Commission.

• Approved a peddler’s permit for Sunny’s Ice Cream, which will travel around town starting this month through October.

• Approved a travel request from Wes Bell, who will attend a Type IV Refresher (Land App of Biosolids) Training on May 23.

• Approved an event request from the Kiwanis Club to hold a concert at the Fairgrounds’ Grandstand on June 24.