11-18-2008 CITY OF EDGEWATER
ANIMAL CONTROL BOARD
DANGEROUS DOG HEARING
Case #0811-0027
November 18, 2008 @ 7:00 P.M.
Community Center
MINUTES
CALL TO ORDER
Chairwoman Donna Wagner called the meeting to order at 7:00 p.m. in the Edgewater
Community Center.
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, Animal Control Officer Johnnie Dail, and
Attorney Ty Harris.
Witnesses present for Golden: Henrich Sain, 3415 Unity Tree Drive, Edgewater, Florida
(owner) and Natalka Sain, 2529 Willow Oak Drive, Edgewater, Florida.
Witnesses present against Golden: Chris Ilardi (victim's husband) and Danny Ilardi
(victim's son), 2529 Royal Palm Drive, Edgewater, Florida. Also present was Kevin
Patch, 2730 Royal Palm Drive, Edgewater, Florida.
HEARING
All present giving testimony were sworn in.
Animal Control Officer, Johnny Dail gave his testimony as follows:
I responded to the call on November 3, 2008 at 5:45 pm and met with the officer on the
scene and spoke with the Sains. Mrs. Sain (Henrich's mother) was outside walking
Golden. Doreen Ilardi (victim) was coming from the opposite direction walking her
Chihuahua. Golden spotted the smaller dog and started to pull away from Mrs. Sain.
Upon seeing Golden approaching, Mrs. Ilardi picked the Chihuahua up and fell to the
ground in a fetal position to protect him. Golden bit Mrs. Ilardi on the inner part of her
leg, requiring 19 stitches and her dog, Chino, was also bitten requiring 8 stitches. Kevin
Patch, a witness to the attack, pulled Golden off the lady and turned her over to Mr. Sain,
who had since appeared from inside the house and took control of the dog. A Votran bus
driver also witnessed the attack and gave the same story as to what happened. Officer
Dail stated Golden was just too much for Mrs. Sain to handle. Golden is a
retriever/rottweiler mix who is neutered and has current rabies shots. He said Golden is a
D. Dog Golden I 1/18/08
good watch dog, and well behaved when around the owner, but the bite that occurred fits
the bill of a dangerous dog.
Dr. Vanis asked Officer Dail if there were any prior incidents with Golden and he said
that the dog occasionally barks too much, but has not bitten before.
Mr. Sain testified and stated that the testimony of Officer Dail was correct. He was
inside the house, and came out at hearing the commotion. Dr. Vanis asked if the yard
was fenced and Mr. Sain stated only the back yard was fenced, not the front.
Chris Ilardi (victim's husband) testified and said his wife was viciously attacked and he
would like the dog to be put down. He didn't feel that being muzzled would be enough
as he might be able to bite through it. He also wanted to thank Mr. Patch for coming to
his wife's aid.
Kevin Patch testified that he saw Mrs. Ilardi on the ground in a fetal position and pulled
the dog off her. He stated he breeds chows and was not afraid to step up and help. He
was asked if he was also bitten and he replied he was not.
There being no further questions, Karen Mason made a Motion to deem Golden a
dangerous dog, as per Florida State Statute 767. Jamie Young Seconded the Motion
and it CARRIED 4-0.
Mr. Sain was informed that Officer Dail would go over all the regulations and
requirements that he would have to fullfil.
Mr. Ilardi asked about an appeal process for a stiffer penalty and Attorney Harris stated
he could appeal to the Court, but wasn't sure how far he would get, considering the dog's
record. Mr. Ilardi asked the Board if they were comfortable with the decision and they
said yes, and explained some of the regulations that would be put on Golden.
At this time, Karen Mason stated that she would like to make a Motion in addition to
the previous one, that included anyone handling Golden to be 18 years or older and
capable of controlling the dog's size. Jamie Young Seconded the Motion and it
CARRIED 4-0.
Business being concluded, Dr. Vanis made a Motion to adjourn, Seconded by Karen
Mason and it CARRIED 4-0.
Minutes submitted by
Barb Kowall
D. Dog Golden 11/18/08