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07-16-2008 CITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARING Case#0806-0368 July 16, 2008 @ 7:00 P.M. City Hall Conference Room MINUTES CALL TO ORDER Chairwoman Donna Wagner called the meeting to order at 7:05 p.m. in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Jamie Young, Karen Mason and Dr. Vanis. Board member Mary Wenderoth was absent. Also present were: Board Secretary Barb Kowall, Legal Assistant Robin Matusick, and Animal Control Officer Johnnie Dail. Witnesses present for Zeus: Clavis and Amanda Massman, owners, 1411 Royal Palm Drive, Edgewater, Florida. Witnesses present against Zeus: George (victim) and Carol Cramer, 1426 Royal Palm Drive, Edgewater, Florida. Also Brenda Precourt, 1417 Royal Palm Drive, Edgewater, Florida. Also present was Marc Latorre, 1526 Royal Palm Drive, Edgewater, Florida, a concern- ed neighbor. HEARING All present giving testimony were sworn in. Officer Dail gave his testimony as follows: I was called on Sunday, June 29th at 8:30 p.m. to an animal bite at 1411 Royal Palm Drive. When I arrived on the scene, I noticed that law enforcement officers had already arrived and that Rescue had been summoned and Mr. Cramer was treated and released on scene with an injured left hand that was bitten by Zeus. Zeus is a brown and white unsterilized, male pitbull, 11 months old. Mr. Cramer stated as he walking his dog down the street, the pit barged through the fence and came into the street and bit him on the left hand. Mr. Cramer stated he defended himself with a walking stick and when Mr. Massman heard the commotion, came outside and got his animal under control. He stated Mr. Massman was the one who called 911, and from there, statements were taken and treatment given. Officer Dail also stated there is a correction to the report that the Board needs to be made aware of. Two days after the report was made I became aware that Mrs. Cramer had made a statement that she had been bitten. I examined her hand and saw it was black and blue but could not distinguish D. Dog Zeus 7/16/08 1 any puncture wounds. There will be medical documentation from a doctor that will be forwarded to the Board that she did have puncture wounds, though I did not see that. Medical records for Mr. Cramer show that he received 15 stitches in his hand. After Rescue left he drove himself to Bert Fish where he was treated and released. Zeus was quarantined for 10 days, he did have updated rabies vaccination, and tags. Karen Mason asked the officer what was the demeanor of the dog when he was there, and Officer Dail said he was taking pictures of Zeus and he was growling in an aggressive manner, which could have been caused by the situation at hand. Karen said in the report there were two dogs, and Officer Dail stated they own another pit, an older red female named Pandora, who appeared pretty friendly. Both dogs have rabies shots and tags. Dr. Vanis asked him if these animals had other instances before and Officer Dail said they did not. Brenda Precourt was then brought in to testify: Ms. Precourt testified that she is concerned over the kids next door and on the street. She says the dogs jump at the fence and try to dig under and she has called animal control three times but didn't follow the correct procedure and no one showed up. It was asked when she saw the dog attacking the man , did it appear that the dog was going after the man or the dog that he was walking. Ms. Precourt stated the dog went after the man and he was beating him off with a walking stick. I was looking out the bedroom window and heard him screaming and that's when I saw him half on the ground trying to get the dog off him. Dr. Vanis asked if she had seen these dogs chasing anyone on the street and she said no, but had seen them out before in the front yard. Mrs. Cramer was then brought in to testify: Mrs. Cramer stated they were walking their dog on the street and noticed a dog loose at a neighbor's house. My husband yelled at the dog and it went home through a gate. We continued walking and then two dogs came out the gate and ran toward us. One dog attacked my husband and the other tried to get our dog. If the owner hadn't come out I don't know what would have happened and I got banged up on my hand and our dog was ok. Karen asked which dog it was and she replied it was a blur and could not say which one it was. Dr. Vanis asked if they had been bothered by the dogs before and she said no. Karen asked if she was bitten also and she stated she had punctures and got a tetanus shot. Mr. Massman stated he was very nervous and concerned about the altercation that happened with his dogs. He said they have tried to raise the dogs well and they do have a fenced yard. He would just like to have this all resolved. Mr. Cramer stated he has a petition from his neighbors regarding this issue and Karen informed him he needed to give it to the City Clerk to forward on. Mr. Cramer relayed his story. He was walking his dog in the street with his wife and he saw a pit bull in the yard and it started coming towards him. He raised his stick and shouted "No" and the dog went back through a fence. As they proceeded, they then saw two pitbulls at the gate. The dogs charged at him and his wife. The first one came wide and I hit him and it went toward my wife and the other came right at me. The only thing that saved me was the stick I had and thank God the owner came out and called them both down. He stated D. Dog Zeus 7/16/08 2 they later went to Bert Fish. His wife, he said had puncture wounds and bruising but didn't get stitches as she wasn't torn up. Mr. Cramer was shown a picture of the two dogs and verified that it was Zeus who had bitten him. Mr. Cramer asked if there were any special regulations for this breed of dog and Karen replied no. Mr. Massman, the owner, testified next: He stated this was the first time the dog had gotten out and has not been out on a leash before. The dog is used to his yard which is fenced and he has not been socialized yet. As the incident happened, he was in the house and heard the commotion and went outside. He saw Mr. Cramer fending off the Zeus and the other dog was roaming the yard. He called Zeus off and the dogs returned to the back yard and he then called the Police. Dr. Vanis asked if he'd had any problems with Zeus before and he said no, that both dogs have been around kids as well. It was explained to the owners that there is a State Statute that overrides anything the Animal Control Board says or does. If there is a bite that requires stitches or breaks a bone they have no option. They were also informed they could take the matter before a Judge, and let him or her rule. MOTION by Karen Mason was made that Zeus be deemed a dangerous dog under Florida State Statute 767, SECONDED by Dr. Vanis. MOTION CARRIED 4-0. The owners were informed that Animal Control Officer Dail would explain to them what will be required of them now that Zeus has been deemed dangerous. The Massmans assured all present they would comply with all of the regulations. ADJOURNMENT MOTION by Karen Mason to adjourn, SECONDED by Jamie Young. MOTION CARRIED 4-0. D. Dog Zeus 7/16/08 3