09-07-2006 - Stonewall & SampsonCITY OF EDGEWATER
ANIMAL CONTROL BOARD
DANGEROUS DOG HEARINGS
Case #06 -08 -0154
September 7, 2006
7:00 P.M.
CITY HALL CONFERENCE ROOM
MINUTES
CALL TO ORDER
Chairperson Donna Wagner called the Dangerous Dog hearings to order at 7:05
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 Stonewall & Sampson: Glenna & Stephen Kemp of 202
Flagler Ave., Edgewater, FL; Miranda Whitley of 202 Flagler Ave., Edgewater, FL;
David Tabb of 516 Charlotte St.; Melody Kemp of 2190 S. Palmetto Ave.;
Stephanie Champion of 727 W. New York Ave., Deland, FL; and Kimberly
Bernard of 2620 Alpine St. Sanford, FL.
Witnesses Present against Stonewall & Sampson: Thomas Hay of 110 S. Flagler
Ave., Edgewater, FL; and Janet (Rushworth) Hopskin of 110 Flagler Ave.,
Edgewater, FL.
HEARING
All witnesses as stated above along with Marty Miles and 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 "Stonewall & Sampson"
Page 1 of 5
Stephen & Glenna Kemp are the owners of Stonewall & Sampson which resides
at 202 Flagler Ave., Edgewater, FL.
WITNESS 1
Animal Control Officer Marty Miles gave a brief testimony. Animal Control Officer
Miles stated on the 18 of July, Animal Services received a call that there had
been a dog attacked at 202 S. Flagler Ave. Officer Miles stated the attack was
on a small black dog belonging to Janet Hopskin Rushworth. Officer Miles stated
the attack was done by a black pit bull named Stonewall and a black chow -mix
named Sampson. At the time of the attack, two small girls were walking the
small dog in front of the resident and the dog was killed at the time of the
attack. The owner of the small dog removed and buried the animal. When
Animal Administrator Amy Carotenuto arrived Stonewall and Sampson were back
in the fence of their property. Contact was made with Glenna Kemp, the owner
of the animals and citations were issued. A citation was issued for: no current
vaccination, running at large and no city tags. Suggestions were made to have
the perimeter fence locked, make the fence taller where the animals could not
escape, to have both of the dogs neutered and offered of a low cost spay /neuter
certificate.
The second incident occurred with Stonewall only on August 8. Stonewall was
loose in the yard and climbed over the fence into the yard of the Hay's property
at 110 Flagler Ave. Mr. Hay and Ms. Latona jointly own a two -pound
pomeranian that was on the property. Ms. Latona was inside her property when
she heard her small two -pound pomeranian crying and yelping. Ms. Latona ran
outside to find Stonewall on their property biting the pomeranine on the
backside. Ms. Latona and Mr. Hay removed Stonewall from their property.
Officer Miles stated Stonewall was back on his property and the pomeranian did
not have any bite marks on him at that time. Officer Miles stated there was
large fur mats on the dogs backside where Stonewall was biting him and that is
what prevented any type of puncture being made by the dog bite. Officer Miles
stated that Sampson was not involved in this incident, it was just Stonewall.
Officer Miles stated that Sampson has been neuter and Stonewall was neuter
today. Officer Miles stated we have current vaccination on both dogs and city
license. Karen Mason asked has Animal Service been by the property since the
second attack? Officer Miles stated yes, they have not been running at large
outside of the fence. Officer Miles stated she suggested that since Stonewall can
climb chain length fence to keep him tethered within the perimeter fence of the
property, so that he does not have the potential to climb over. Karen Mason
asked was he tethered after the second incident? Officer Miles stated there have
been several times I have been by the resident and he was not tethered.
Chairwoman Wagner asked how high is the fence? Officer Miles stated
approximately four foot. Karen Mason asked was Stonewall only eight months
City of Edgewater
Dangerous Dog Hearing "Stonewall & Sampson"
Page 2 of 5
old? Mr. Kemp replied, Stonewall is one year as of July 6. Chairwoman Wagner
asked when did you comply with the rabies vaccine? Mr. Kemp stated Stonewall
was done on September 2 and Sampson was done on September 5. Dr. Vanis
asked did you interview the daughters and where did the attack occur? Amy
Carotenuto stated that the attack occurred on the easement. Debbie Brazzell
asked why this was not brought to the Board previously? Officer Miles stated
because it was only one bite. This concluded Officer Miles testimony.
WITNESS 2
Glenna Kemp and Stephen Kemp gave testimony. Ms. Kemp stated the incident
with Annette's dog and Stonewall, Annette's dog would come to our fence and
run up and down. Our dog Stonewall and Annette's dog would run back and
forth and play. Mr. Kemp stated that the dog is owned by Annette not Tom Hay.
Mr. Kemp stated he has had Sampson since 1998. Mr. Kemp stated that on
August 8, at 6 am when I left for work Stonewall was sleeping on his chair with
the tether on and choker chain. He has been on the tether and has broken
several cheap choke chains. Mr. Kemp stated he has changed the collar and he
has been off the tether because his wife is outside with the dog. We have not
let Stonewall run free since the incident. Mr. Kemp stated on July 18 incident
the animal named BJ at 218 Flagler was not on a leash and not being walked by
the two little girls. There was an eight - year -old boy who came to our house and
opened the gate; therefore Sampson dotted out of the fence. Mr. Hay stated
that Sampson and Midnight would kill raccoons that would come into the yard. I
have not had any problems with wildlife since. Mr. Kemp stated that Sampson
has never been aggressive to people. Mr. Kemp stated that the dog from 218
Flagler was running at large and not on a leash. Mr. Kemp stated that Sampson
and Midnight has been their watchdog. Mr. Kemp provided letters and pictures
for the Board to review. Mr. Kemp stated his dogs are not dangerous or vicious.
Mr. Kemp stated he has plans to install a six -foot vinyl fence due to the dogs can
not climb the vinyl fence. Mr. Kemp stated that he does not have the funds to
install the fence at this time. Sampson is a 72 pound dog which is use to
sleeping outside. Mr. Kemp stated that the dogs are his family protection. Karen
Mason asked do you allow Sampson to kill wildlife in your yard? Mr. Kemp stated
he can not stop the dogs from killing an animal which has entered their domain.
WITNESS 3
Janet Rushworth of 218 Flagler Ave. gave testimony. Ms. Rushworth stated her
dog was attacked and killed. Ms. Rushworth stated that her daughters were
walking the dog which was not on a leash when the attack took place.
City of Edgewater
Dangerous Dog Hearing "Stonewall & Sampson"
Page 3 of 5
WITNESS 4
Tom Hay of 110 Flagler Ave. gave testimony. Mr. Hay stated that a boy named
Devon went to the door of the Kemp's home. Mr. Hay stated Devon walked out
of the gate and the two girls who owned the small dog were on the sidewalk
when the attack happen. Mr. Hay stated that Sampson grabbed the dog by the
neck and Stonewall grabbed the dogs rear. Mr. Hay stated he threw a flower pot
at the dogs and called the Police Department.
Recessed at 8:10, resumed at 8:19.
WITNESS 5
Miranda Whitley of 202 Flagler Ave. gave testimony. Ms. Whitley stated she
brought Stonewall from Oak Hill. Ms. Whitley stated that Stonewall is not
vicious. Ms. Whitley stated she was training Stonewall for the pit bull contest in
Deland with rope, hang time and weight.
WITNESS 9
Melody Kemp, David Tabb, Kim Bernard and Stephanie Champion gave
testimony.
This was the conclusion of the Kemp'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 Karen
Mason,
SECOND
by Debbie
Brazil
based on —the
requirements
contained
in
Chapter
767.11,
Florida
Statutes and
testimony
provided,
there is
sufficient
cause
for the
Animal Control
Board
to deem
"Stonewall"
potentially
dangerous
dog
due to the
exhibition
of aggressive
behavior
/tendencies
".
Therefore,
I move that
"Stonewall"
be
deemed potentially
dangerous
with
the following
requirements:
a
6 foot privacy
fence to
be installed
within a 3 -6 month
timeline, obedience
classes,
padlock, vaccination,
and anytime
the dog
is off
the property
he must
be under
restraint
or leash.
MOTION
CARRIED 5 -0.
Dr. Vanis abstained from the vote. Chairwoman Wagner announced the decision
made by the Board.
City of Edgewater
Dangerous Dog Hearing "Stonewall & Sampson"
Page 4 of 5
ADJOURNMENT
MOTION by Karen Mason, SECOND by Pam Black to afturn the
meetina. MOTION CARRIED 4 -0. The meeting was adjourned at 9:23 pm.
City of Edgewater
Dangerous Dog Hearing "Stonewall & Sampson"
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