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05-21-2008CITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARING Case #0804 -0425 May 21, 2008 @ 5:30 P.M. City Hall Conference Room MINUTES CALL TO ORDER Chairwoman Donna Wagner called the regular meeting to order at 5:45 p.m. in the City Hall Conference Room. ROLL CALL Members present were: Chairwoman Donna Wagner, Karen Mason, Mary Wenderoth, and Dr. Vanis. Also present were: Board Secretary JoAnn Richard, Legal Assistant Robin Matusick, Animal Control Officer Johnnie Dail, Leisure Services Director, Jack Corder and his Secretary Barbara Kowall. Jamie Young was not present. Witnesses present for Kiba: Michele Cappachione, owner and her daughter Lauren, 1710 High Street, Edgewater, Florida. Witnesses present against Kiba: None HEARING Michelle Cappachione was sworn in: Do you solemnly swear and affirm that the testimony you are about to give before this Animal Control Board in regards to this case is true and correct to the best of your knowledge? Michelle Cappachione raised her right hand and stated, "I do ". Animal Control Officer Johnnie Dail stated that he received a fax from Bert Fish Medical Center on April 28, 2008 saying that a dog at 1710 High Street, Edgewater, Florida bit a four - year -old female child on April 25, 2008. After he received the fax he called and made an appointment with the child's mother, Wendy Montemurro, at her home for April 29, 2008. City of Edgewater Animal Control Board Minutes Page 2 5/29/2008 Officer Dail then proceeded to the home of Kiba's owner; Michelle Cappachione to meet with her and Kiba, a three year old neutered silver and black male Shepard mix. He stated that the dog was very friendly and showed no signs of aggression in the two hours he was at the residence. However, according to Michelle and another witness Karyn Serpa, the dog did in fact bite the four -year- old female. During his interview with Kiba and Ms. Cappachione he issued a Ten Day Rabies Quarantine Notice, Notice of Dangerous Dog Investigation, Notice of Potential Dangerous Dog Status, and received a voluntary Statement from her. He also issued a City Citation under Section 5 -30. Ms. Cappachione stated that an acquaintance of hers, Karyn Serpa came to her home uninvited, along with several children including the child that was bitten from the daycare she operates. After staying several hours, they were getting ready to leave when the child went up to hug the dog goodbye. Kiba was eating at the time she hugged him so it startled him, and he in turn bit her on the face . The mother was then contacted and the child was taken to the hospital for treatment. Michelle thought the babysitter and children would leave the same way they came in away from Kiba, but they didn't. Officer Dail stated he felt like this was a "fear bite" not an "aggression bite ". However, based on what the State Statute reads it is his belief that the definition of a dangerous dog 'fear bite" fits this category, but that is not his decision just his recommendation. The parents of the child opted not to do plastic surgery based on a doctor's recommendation at the hospital at that time due to her age, and how the wounds were on her face. He said he could offer an opinion who is at fault here, and it's not the dog. Board Member Mary Wenderoth said the babysitter was most likely asked not to go into the house, and to leave the way they came in. The owner put the dog in the house to keep him away from the children. A dog has an instinct to protect his food, and she feels that the babysitter should be held responsible. She feels that the dog is being condemned when it's the fault of the adults. She knows however, you have to abide by the law. Ms. Cappachione asked Officer Dail after visiting her house how many animals did she have? He stated he believed two, but his only concern was Kiba. Also, that Kiba's shot records were outdated because Michelle misread the paperwork. She has since corrected that, and was issued a City Citation for such. Dr. Vanis asked if the babysitter if anyone else witnessed the bite. Officer Dail said no one actually, physically saw the dog bite her. City of Edgewater Animal Control Board Minutes 5/29/2008 Page 3 Michelle said she has no problem obeying the law and she feels the child is the victim. Dr. Vanis asked Officer Dail why the little girl referred to the dog as "wolf dog" in his report? Officer Dail said she calls all dogs that look like Kiba wolf dog, and it doesn't necessarily mean bad dog that is her description of Kiba. Chairwoman Donna Wagner asked Michelle to tell her side of the story that the Board has read her statement, and wants to know if she had anything to add or discuss anything? Michelle said that this has been very upsetting, and that she doesn't believe in having dogs around children. The children were eating hotdogs so her first thought was to get the dogs in the house away from the kids not that she thought this would ever happen. She thought they were leaving out the back gate she never heard anyone go into the back door, didn't hear the dogs bark, snap, growl, nothing. The next thing she knew the child had been bitten. Donna asked if she ever gave permission for them to come into the house? Michelle said no one had permission. Robin Matusick asked if she was having a cookout since they were outside eating hotdogs. Michelle said no, that the babysitter's sons moved a couch for her earlier, and afterwards asked if they could jump into the pool. They did, and became fascinated with a pool phone she had that was waterproof. They began calling her children at school teasing them and saying, "Guess where I'm at, I'm in your pool ". She doesn't even have Karyn's phone number the only place her number would be is in her kid's phones, and they were at school. If Karyn said she invited her, she did not. Robin asked if they had been in and out of her house while they were there? Michelle said one little girl had to use the bathroom, and if they were outside she had the dogs inside. Donna asked how long they were at her home? Was it dark because according to the report this all happened around 9:00 p.m.? City of Edgewater Animal Control Board Minutes 5/29/2008 Page 4 Michelle said she didn't know. Karyn's sons were on the phone, and suddenly her and the children showed up to go swimming. Karen made a comment in reading Karyn's statement that this was a normal occurrence that it seemed they were good friends. Michelle said they were not good friends, and since this has happened cars have been driving by yelling things at them. Karyn has people at her home that are on probation, or that have been on probation. Her kids have to go to school with Karyn's kids, and this is not someone you want as an enemy. Dr. Vanis asked Michelle if the child had ever been to her house before? He also wanted to know if there was any wolf in Kiba, and where she got him? Michelle replied that a friend who was into wolves gave him to her as a Christmas present and Kiba looks like a wolf. Dr. Vanis said, since he looks like a wolf, is there any history that he has any wolf in his bloodlines? If he does then it becomes a different situation, they would automatically put him to sleep due to the fact they don't know if the Rabies shot worked on wolves yet. Karen asked Michelle that at the end of her statement you said you wanted to contact the child's parents, but Karyn wouldn't or couldn't give you the number. Michelle said that she knew Karyn had spoken to the girl's parents after this incident, but every time she asked for the parent's number Karyn said she couldn't get because her screen was black on her phone. It was her opinion Karyn did not want her to speak to the parents. Donna asked if anyone else had any questions? She then explained to Michelle that there is a State Statute that overrides anything the Board says or does. If there is a bite that requires stitches or breaks a bone they have no option. Even though there wasn't plastic surgery, twelve stitches on a four - year -old child are severe. Donna explained that she could take this matter before a Judge, and let him or her rule. MOTION by Karen that the Kiba be deemed a dangerous dog under Florida State Statute 767 SECOND by Dr. Vanis. MOTION CARRIED 4 -0. Donna apologized to Michelle. City of Edgewater Animal Control Board Minutes 5/29/2008 Page 5 It was agreed that the next meeting would be Wednesday June 6, 2008 at 6:00 p.m. ADJOURNMENT The meeting was adjourned at 6:04 p.m.