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09-06-2006 - Roscoe & LexiCITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARINGS Case #06 -08 -0140 September 6, 2006 7:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairperson Donna Wagner called the Dangerous Dog hearings to order at 7:02 PM in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Dr. Vanis, Pam Black, Debrah Brazzell and Karen Mason. Also present were: Board Secretary Shontella Jackson, Legal Assistant Robin Matusick, Animal Control Officer Marty Miles, and Animal Administrator Amy Carotenuto. Witnesses Present for Roscoe & Lexi: The owners of the dogs were not present. Witnesses Present against Roscoe & Lexi: Lucy Caruthers of 311 Frances Dr., Edgewater, FL; David Lovery of 106 Louisa, Edgewater, FL; Jack Kerwood, 1612 Queen Palm Dr., Edgewater, FL; Bobbie Laramore of 1757 N. Pinedale Edgewater, FL; Debbie James, 316 Paradise Lane, Edgewater, FL; Gerald , 3321 Sabal Palm Dr., Edgewater, FL; and Peggy Hayman of 3321 Sabal Palm Dr., Edgewater, FL. HEARING All witnesses as stated above along with Animal Control Officer Marty Miles and Animal Administrator Amy Carotenuto were sworn in: Do you solemnly swear and affirm that the testimony you are about to give before the Animal Control Board in regards to this case is true and correct to the best of your knowledge? All witnesses raised their right hand and stated "I Do" at the conclusion of the Chairperson Wagner reading the above statement. City of Edgewater Dangerous Dog Hearing "Roscoe & Lexi" Page 1 of 5 The owner of the dogs (Roscoe & Lexi) which resides at 3325 Sabal Palm Dr., Edgewater, FL were not present. WITNESS 1 Animal Control Administrator Amy Carotenuto gave a brief testimony. Animal Administrator Amy Carotenuto stated that the Police Department responded to the incident on Friday evening, August 11. Amy Carotenuto stated that Ms. Caruthers was at Menard Park with her dog and Mr. Walls was also there with his dogs which were playing in the lake. Ms. Caruthers stated that the dogs came charging at her and she was unsure if the dogs were coming after her. Ms. Caruthers stated that she started screaming at the owners to get their dogs. Ms. Caruthers stated that the owners just stood in the water and did not do anything. Finally, they came and got their dogs off of her dog. They had to pry the dogs off of my dog replied Ms. Caruthers. Ms. Caruthers stated that they did great damage to her dog. The dog's stomach and bladder was damage. Ms. Caruthers stated that she had to watch her dog suffer. Chairwoman Wagner asked was the dog taken to an emergency clinic and where is the report from the clinic? Ms. Caruthers stated that she called Animal Control to pick up a copy of the report. Ms. Caruthers provided the Board with a copy of the report. Ms. Caruthers stated that she had to borrow money to receive treatment for her dog at the clinic. Karen Mason asked has animal control been to the property several times and how did the dogs act? Animal Administrator Amy Carotenuto replied the dogs are fine with people and this is an animal issue. They have attacked other animals before. Ms. Caruthers stated that Mr. Wall said they do not bite people, they just bite dogs. Chairwoman Wagner asked, are the dogs were current on their rabies? Animal Administrator Amy Carotenuto replied the dogs are current. Animal Administrator Amy Carotenuto also stated she tries to drive by the house as much as possible. She thinks this is a matter of irresponsible owners. Karen Mason asked Officer Miles to clarify Daniel Sturtevant statement. Karen Mason stated she was having a hard time reading and /or understanding the statement given by Daniel Sturtevant. Officer Miles stated that Daniel Sturtevant was the previous owner of both dogs. I believe he is the boyfriend of their daughter who lives with Linda Moore at 3225 Sabal Palm Dr. Officer Miles stated that Daniel Sturtevant was present the day she got Linda Moore to sign the paperwork of the potential dangerous dog and the quarantine notice. Officer Miles stated that Daniel Sturtevant stated he use to own the dogs until approximately a year and a half, when they refused to give the dogs back to him. Officer Miles read the statement to the Board. "I, City of Edgewater Dangerous Dog Hearing "Roscoe & Lexi" Page 2 of 5 Daniel Sturtevant told Riley and Linda not to take the dogs no where because Roscoe does not like dogs, cats." Officer Miles stated Daniel Sturtevant said they were mines. Lindy take them from me and said they were hers year and a half ago. Chairwoman Wagner asked Amy Carotenuto if the dog chased a child previously? Amy Carotenuto stated she remember calls about the dog. Officer Miles stated, on the March 13 incident Peggy Hayman indicated that she was in her front yard and Roscoe left the Walls' property to chased Ms. Hayman. Chairwoman Wagner stated, the copy of the Animal Clinic of Edgewater indicate the dogs vaccine are out -of -date. Officer Miles stated at the time of citations, the dogs were out -of- date with vaccinations. Chairwoman Wagner asked if the dogs are current now since the Menard Park incident. Amy Carotenuto stated that she believes there are notes by Dr. Castro office. Officer Miles stated that they never got copies of proof dropped off by the owners but we got verbal verification by Dr. Castro, that both animals were up to date. Chairwoman Wagner asked if the dogs had city tags? Amy Carotenuto stated no. These are not responsible pet owners. Copies of the report from the Emergency Clinic were given to the Board. The Board took a brief recess to review the report which was provided by Ms. Caruthers. Dr. Vanis asked Ms. Caruthers if the dog was responding to the treatment? Ms. Caruthers stated that they had to sedate her. Chairwoman Wagner stated that from the report the dog had some abdominal trauma. Ms. Caruthers dog was put to sleep the next day Dr. Vanis asked Ms. Caruthers did she hear Mr. Wall state that he trained the dogs to attack animals not people? Ms. Caruthers stated yes and he was verbally abusive. Dr. Vanis asked Ms. Caruthers was your dog on a leash? Ms. Caruthers stated yes but mines is only a 30 pound dog, and theirs was a 150 and a 100. This concluded Amy Carotenuto testimony. WITNESS 2 Bobby Laramore gave a brief testimony. Mr. Laramore stated that on the evening of the incident me and my wife were at the park. Mr. Laramore stated that his wife screamed at him and pointed in the direction of the dogs. Mr. Laramore stated he took off running toward the dogs. The white dog had jumped up and grabbed Ms. Lucy's dog. As soon as the dogs hit the ground the red dog joined in. By the time I got to where the dogs were located, a lady who I guess was the owner of the dog attacking Ms. Lucy's dog grabbed the red dog and it broke loose pretty good. The white dog was still locked onto Ms. Lucy's dog. The owner grabs the white dog by the head and ducks the dog under the water to break the hold. The owner throws the dog up on the bank and the dog starts coming back after Ms. Lucy's dog. The owner hit the dog again and took him back to his truck. They had a two - year -old toddler in the truck, at the time he threw the dog on the truck. The red dog had the hind quarter of the dog and the white dog had the dog from the ribs around to his back. Mr. Laramore City of Edgewater Dangerous Dog Hearing "Roscoe & Lexi" Page 3 of 5 retrieved Ms. Lucy's dog. The dog was in shock and bleeding badly. Dr. Vanis asked did the dogs attempted to come after you? Mr. Laramore replies that he got bite from one of the dogs but is not sure which one. Mr. Laramore testified that the gentleman stated that his dogs aren't trained to bite people but they are trained to bite animals. WITNESS 3 David Lovery gave testimony. Mr. Lovery stated that he was at the park the night the dogs attacked the cockerspaniel. Mr. Lovery stated he saw the pitbulls crouch down, then he jumped out of his vehicle and started screaming to get the dogs attention. The dogs started mauling the small dog. Mr. Lovery stated that the man was so arrogant and irresponsible. Mr. Lovery stated that he thinks the owner should never be able to own another dog. WITNESS 4 Peggy Hayman gave testimony. Ms. Hayman stated that she has had numerous incidents with the dogs; as Officer Miles is aware. Ms. Hayman stated she lives next door to the dogs and they are always out. Ms. Hayman stated at one time they had thirteen puppies in the backyard. Ms. Hayman stated that the dogs have broke into her four - year -old fence. Ms. Hayman stated that six dogs broke thru her fence, chased her daughter and just as her daughter slammed the slider Roscoe slammed into the glass. Ms. Hayman stated that she found three pitbulls in her garage when she left the door open and Animal Control removed the dogs. Ms. Hayman stated that she has three dogs: a golden retriever and two six -pound poodles. The dog had a hold of one of the poodle and was dragging her under the fence. Ms. Hayman stated that the poodle foot was totally mauled. Ms. Hayman replied that you can not walk in her neighborhood because the dogs are always out. Ms. Hayman stated that she can not put her dogs in her own backyard due to the fact the pitbulls charge her wooden fence. Chairwoman Wagner asked, has you ever been in your front yard without any animal with you? Ms. Hayman replied that her nephew has been out in her front yard by his father truck and the dogs came charging over. Karen Mason asked is the neighbors' backyard secured? Ms. Hayman replied no, their property is not secured. Ms. Hayman stated the dogs are mean enough that they would break thru the slats or dig out. They have cattle wire all the way around the yard that is supposedly always on. Ms. Hayman stated that when Roscoe attacked her poodle, the cattle wire was on. Roscoe was halfway under the fence with the cattle wire burning him, trying to pull the poodle thru the fence. The cattle wire did not stop him. Debbie Brazzell asked Animal Control if they were aware of the cattle wire in the backyard? Officer Miles replied yes. Debbie Brazzell asked was the owners cited for the cattle wire? Officer Miles replied no. Dr. Vanis asked City of Edgewater Dangerous Dog Hearing "Roscoe & Lexi" Page 4 of 5 was the potentially dangerous dog certificate issued after the poodle incident? Officer Miles replied no. Dr. Vanis asked did you ever confirm that the owner received the citation and notice? Animal Administrator Amy Carotenuto replied no, I spoke with the son's girlfriend and I left my name and phone. Dr. Vanis asked was she a minor? Animal Administrator Amy Carotenuto replied, I think so. Ms. Hayman stated that both of the daughters are of age, one is 22 and the other one is 21. Karen Mason asked how many times were there puppies at the neighbors' home? Ms. Hayman stated they have been breeding the dogs for years. They haven't had any for a while. I haven't seen any puppies since the last incident. Dr. Vanis asked how many dogs do they have right now? Ms. Hayman stated two, at this time. I still can not leave my dogs in my backyard. This was the conclusion of Roscoe & Lexi's hearing. BOARD HEARING After hearing the witness and evaluating the information, the Board reviewed the dangerous dog requirements defined by Florida Statutes 767. Chairwoman Wagner called for a motion and vote on dangerous dog classification. MOTION by Dr. Vanis SECOND by Debbie Brazzell based on-- "h requirements contained in Chapter 767.11, Florida Statutes— "n t estimony provided there is sufficient cause for the Animal Control Board to deem "Roscoe & Lexi" danuerous dou due to the exhibition of auuressive behavior /tendencies ". Therefore, I move that 'Roscoe & Lexi" be deemed dangerous. MOTION CARRIED 5 -0. Chairwoman Wagner announced the decision made by the Board. ADJOURNMENT MOTION by Karen Mason, SECOND by Pam Black to adjourn the meetinci. MOTION CARRIED 5 -0. The meeting was adjourned at 8:03 pm. City of Edgewater Dangerous Dog Hearing "Roscoe & Lexi" Page 5 of 5