A recent spate of Potentially Dangerous and Dangerous Dog designations by the Blue Earth City Council has resulted in several contentious public hearings at City Council meetings over the past month. One impounded dog, Bear, was killed following an incident at the humane society just after his Potentially Dangerous designation was lifted. The two dogs who incited the incident were recently declared Dangerous.

Two hearings elicited a lot of emotion from the public at a Blue Earth City Council meeting held on Monday, Aug. 21.

The hearings concerned an incident which occurred at the Faribault County Humane Society (FCHS) on Aug. 8, resulting in the death of an impounded dog.

The dog, a chihuahua named Bear, was impounded at the FCHS after he was declared Potentially Dangerous on July 27. The declaration followed a July 26 incident in which Bear bit a young child.

Bear’s owners, Elizabeth and Anthony Minor, appealed the designation on Aug. 7. After reviewing the case, the council determined Bear did not need to be labeled as Potentially Dangerous.

Bear was to be released to the Minors the following day. However, on the morning of Aug. 8, city staff was notified that Bear had been attacked and killed by two dogs in the FCHS’s custody.

The dogs, Shaggy and Cheyanne, were declared Dangerous Dogs after the incident per State Statute, which classifies a dog as dangerous if it kills a domestic dog without provocation while off the owner’s property.

The FCHS sought to appeal the Dangerous Dog designations at the Aug. 21 City Council meeting.

“Our hearts just break for Bear’s owners,” FCHS president Debby Johnson said. “But Shaggy and Cheyanne are really good dogs. Shaggy particularly.”

Johnson and other FCHS representatives argued that according to State Statute, the owner of a Dangerous Dog has the right to a hearing by an impartial animal control authority. They suggested that the council is not impartial to this case and that its members and staff are not animal control experts.

“I don’t know if you’re in the position to be making these declarations,” Johnson said.

An FCHS volunteer added that she feels the city should have provided the FCHS with more information about Bear when he was impounded.

“You are putting all of the volunteers at the humane society at physical harm when you don’t release enough information about these dogs,” she said.

FCHS representatives also argued that it is impossible to prove the incident – which had no eye witnesses – was unprovoked.

“It is my belief that Shaggy was bit (by Bear) from behind,” said Jim Johnson. “Who investigated? Who checked (Shaggy and Cheyanne) for bites? Who made the determination that it was a non-provoked killing?” 

Mayor Rick Scholtes replied that, per State Statute, a little dog like Bear is considered incapable of provoking big dogs such as Shaggy and Cheyanne.

“That’s what we’re going by here,” Scholtes said. “A dog is considered dangerous if it kills another animal that’s domesticated, and state law says that it can’t be provoked by a little dog.” 

Bear’s owners, the Minors, also attended the meeting to share their side of the story.

“(Bear) was in your care at the city. He was in (the FCHS’s) care as well. I’m furious because I don’t get my dog back because of this situation,” Elizabeth Minor said.

She reminded the council that, reportedly, Shaggy has bitten other dogs on two separate occasions. Debby Johnson clarified that Shaggy has not exhibited the behavior for several months.

Minor also inquired of the council why Bear was impounded in the first place, as he was up-to-date on his vaccinations. State Statute says a dog may be returned to its owners for quarantine in this circumstance.

“The statute says the dog may be returned. It doesn’t mean it will be,” Scholtes responded.

City staff further explained that State Statute allows cities discretion when it comes to the impoundment of Potentially Dangerous or Dangerous Dogs. They stated Blue Earth follows a policy of impounding Potentially Dangerous and Dangerous Dogs.

The council voted to designate both Shaggy and Cheyanne as Dangerous Dogs. The FCHS will need to meet the state’s requirements for keeping a Dangerous Dog before Shaggy and Cheyanne are released into the FCHS’s custody. The dogs are currently being held at a pet boarding facility in the area.

If Shaggy or Cheyanne is adopted, their new owner will be required to meet the same restrictions.

The requirements include maintaining a proper enclosure for the dogs and posting warning signs on the property, procuring a surety bond or liability insurance in the amount of at least $300,000, paying an annual Dangerous Dog registration fee and implanting microchip identification in the dogs.

The FCHS will have the ability to request a Dangerous Dog designation review in six months. The designations may be rescinded if the FCHS provides sufficient evidence that the dogs’ behavior has changed.