HomeMy WebLinkAboutResolution No. 2026-81, Affirming the Hearing Examiner's Declaring the Dog Known as Astra as a Potentially Dangerous Dog (Fridley Police Division Case No. 26-113965)
Resolution No. 2026-81
Affirming the Hearing Examiner’s Declaring the Dog Known as Astra as a Potentially
Dangerous Dog (Fridley Police Division Case No. 26-113965)
Whereas, Minnesota Statutes § 347.50, subd. 3, defines a "potentially dangerous dog" as a dog
that, without provocation, bites a person or domestic animal, or chases or approaches a person
in an apparent attitude of attack, or has a known propensity, tendency, or disposition to attack
unprovoked; and
Whereas, Fridley City Code § 300.12 adopts and implements that State law standard and
establishes the process by which the City declares, and an owner may appeal, a Potentially
Dangerous or Dangerous Dog declaration; and
Whereas, on May 21, 2026, two dogs owned by Ashley Rath, of 6890 Monroe Street NE, including
a dog known as Astra, escaped an unsecured enclosure and, without provocation, charged into a
public street toward a resident who was lawfully walking her dog nearby; and
Whereas, one of Rath's dogs, Nova, attacked and seriously injured the other dog, and Astra
participated by charging toward the resident and her dog, alongside Nova; and
Whereas, the Fridley Police Division thereafter declared Astra a Potentially Dangerous Dog
pursuant to State law and City Code; and
Whereas, Rath appealed that declaration and, pursuant to City Code, an Administrative Hearing
was held on June 26, 2026, before Hearing Examiner, Keith Streff; and
Whereas, the Hearing Examiner reviewed evidence, received testimony from Rath and the Fridley
Police Division, and issued a written Findings of Fact, Conclusions of Law, and a Decision dated
July 1, 2026; and
Whereas, the Hearing Examiner found, by a preponderance of the evidence, that Astra's conduct
in charging unprovoked at the resident and her dog satisfied the definition of a Potentially
Dangerous Dog under State law and City Code, and upheld the declaration; and
Whereas, Rath has appealed the Hearing Examiner's decision to the City Council pursuant to
Fridley City Code § 300.12, subd. 4(c), which authorizes the Council to affirm, repeal or modify the
Hearing Examiner's decision at its next regular meeting following that decision; and
Whereas, the City Council has reviewed the record of the Administrative Hearing, including the
Hearing Examiner's Findings of Fact, Conclusions of Law, and Decision, and finds no basis to
disturb the Hearing Examiner's determination.
Now, therefore, be it resolved by the City Council of the City of Fridley, Minnesota, as follows:
1. The City Council hereby affirms the Administrative Hearing Officer's July 1, 2026 decision
and upholds the declaration of the dog known as Astra as a Potentially Dangerous Dog
under Minnesota Statutes § 347.50, subd. 3, and Fridley City Code § 300.12.
2. Ashley Rath, and any custodian of Astra, must comply with all requirements applicable to
a Potentially Dangerous Dog under Minnesota Statutes § §347.50–347.565 and Fridley City
Code § 300.12, and must pay all applicable fees and fines as determined by the City.
3. This decision of the City Council is final pursuant to Fridley City Code § 300.12, Subdivision
4(c).
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Passed and adopted by the City Council of the City of Fridley this 13 day of July, 2026.
_______________________________________
Dave Ostwald– Mayor
Attest:
Melissa Moore – City Clerk