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06-07-2006 - DuoCITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARINGS Case #05- 104 -06 June 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 7:25 PM in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Dr. Vanis, Pam Black and Karen Mason. Also present were: Board Secretary Shontella Jackson, Legal Assistant Robin Matusick, Animal Control Officer Billy Godfrey, and Animal Administrator Amy Carotenuto. Absent and Excused: Debbie Brazzell. Witnesses Present for Mr. Blankenship: Tim Blankenship (defendant), and Jeanette King (girlfriend) of 125 Wildwood Ave., Edgewater, FL. Witnesses Present against Mr. Blankenship: Patricia Conley of 2815 Vista Palm Dr.; Edgewater, FL. HEARING All witnesses as stated above and Billy Godfrey 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. Mr. Tim Blankenship is the owner of the dog that resides at 125 Wildwood Ave., Edgewater, FL. The dog name is Duo. City of Edgewater Dangerous Dog Hearing "Duo" Page 1 of 4 WITNESS 1 Animal Control Officer Billy Godfrey gave a brief testimony. Officer Godfrey stated that he gained knowledge of this incident via fax on May 3, 2006. The report indicated that the bit occurred on April 28 but Animal Control received it via fax on May 3. Officer Godfrey stated that he attempted to make contact for 48 hours and actually made contact on May 5. Officer Godfrey stated at that time nine days of the quarantine period was up. Officer Godfrey made contact with Ms. King at the resident and interviewed Ms. King at that time. Officer Godfrey stated that during the interview Ms. King mentioned that the dog had bitten a Sears repairman a few years ago but it was not reported. Officer Godfrey stated that he attempted to make contact with the owner and he left a door hanger. Officer Godfrey stated that apparently no one was home at the time, and the dog was aggressively trying to come thru the glass sliders. Officer Godfrey stated that he has never had any contact with the dog before on or off the property. Officer Godfrey stated that when he met with Ms. King she had to hold the dog back to squeeze thru the door, to get out to talk with me because the dog was very agitated with me being on the property. Officer Godfrey stated that Ms. King said she felt the dog was severely agitated because of the wildlife that was in the front yard. Officer Godfrey also testified that he spoke with Ms. Conley as well. Officer Godfrey stated that Ms. Conley stated that the dog did not like her very well because it started growling and Ms. King told her that the dog would not bother her. Officer Godfrey took photographs of the injuries and stated that the dog has had its rabies shot. There was a citation issued when Mr. Blankenship came and met with Officer Miles. Mr. Blankenship takes responsible for the dog. Officer Godfrey stated that he had not spoken with Mr. Blankenship at that time. Officer Miles issued a citation for no city tags. This concluded Officer Godfrey testimony. WITNESS 2 Tim Blankenship gave a brief testimony. Mr. Blankenship stated that what Officer Godfrey had stated regarding the Sears repairman, he would like to clarify. Mr. Blankenship stated if you would check your records back about 10 years ago there was a dog named Sheba involved in this incident, it was not Duo. Mr. Blankenship stated that the two dogs look almost identical, expect one had white on it and this one is solid black. Mr. Blankenship stated that they have a four foot fence around the back but the dog will jump the fence. Mr. Blankenship stated that he was unaware of the pet permit. After Officer Miles issued him the citation, he went down three days later and obtained a permit. City of Edgewater Dangerous Dog Hearing "Duo" Page 2 of 4 Mr. Blankenship stated that Officer Miles informed him that it would probably be waived since I didn't know anything about it. Mr. Blankenship presented the Board with letters from neighbors and friends stating that Duo has been off the property and has never tried to bite anyone. Four letters were entered as exhibit(s) a, b, c & d. Mr. Blankenship testified that Duo is a six - years -old male and he is neutered. WTTNFSq '; Jeanette King gave testimony. Ms. King stated that Ms. Conley had stopped over to drop off a pair of glasses. When Ms. Conley came up Duo was chained up on the porch and he was barking at a raccoon which was in the tree. Ms. King stated she calmed him down, and Ms. Conley did not come up the walkway, she came up from around the bush. Ms. King stated that Duo might have been frighten or sensed that Ms. Conley was afraid. Ms. King stated that Duo grabbed Ms. Conley shirt and she grabbed him and tried to pull him away. Ms. King stated that Ms. Conley started to freak out and Duo bit her on the leg. Ms. King stated that when she grabbed his collar, she did not have to pry him off her leg. I don't think he had a good grip on her. Ms. King stated that she offered to take Ms. Conley to the hospital and she went up to the hospital to check up on her. Mr. Blankenship stated that he was in the shower at the time this occurred. Ms. King stated that her and Ms. Conley were friends and that Ms. Conley had been over to the house before. Ms. King and Mr. Blankenship requested to see pictures of the bite. WITNESS 4 Patricia Conley gave testimony. Ms. Conley stated that she called Ms. King to let her know that she was going to drop off Tim's glasses. When she arrived approximately 8:10 pm, Duo was out on the deck with Ms. King who was sweeping the deck. Ms. Conley stated that Duo started barking. Ms. Conley stated that she started talking to Duo to calm the dog down. Ms. Conley stated that she told Ms. King that she didn't think her dog likes her. Ms. Conley stated that Ms. King replied that Duo would not bother her. Ms. Conley stated that Duo jumped up on her. Duo had a hold of my shirt and I fell to the ground. The dog had my pants leg and he bit me. Ms. Conley stated that Ms. King came to retrieve the dog quickly. Ms. Conley stated that she had blood on her arm, and after she got up off the ground, she went to her car. Ms. Conley stated that once she got in the car she pulled up her pants leg and then noticed that she had been bit. Ms. Conley stated that she received a small fracture to the left fibula, left ankle sprain and right wrist sprain from the fall. Ms. Conley stated that she has been over to Ms. Kings' home before . Ms. Conley stated that Ms. King did offer to take her to the hospital. Ms. Conley stated that she was traumatized from the ordeal and all she would like is to have her bills paid. City of Edgewater Dangerous Dog Hearing "Duo" Page 3 of 4 This was the conclusion of Mr. Blankenship'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 Pam Black based on the requirements contained in Chapter 727, Florida Statutes and testimony provided, "Duo" has not exhibited the behavior required by statutes and therefore is not to deemed dangerous at this time: also to impose these restrictions which are: 1) required to post the property with "beware of dog" signs as needed 2) a six foot fence enclosure in the backyard and 3) when the animal is out in the front yard with the owner, the animal needs to be on a shorter leash. MOTION CARRIED 3 -0. Dr. Vanis abstained from the vote. Chairwoman Wagner announced the decision made by the Board. ADJOURNMENT MOTION by Karen Mason, SECOND by Pam Black to adjourn the mee in . MOTION CARRIED 4 -0. The meeting was adjourned at 8:35 pm. The Dangerous Dog hearing was closed and the regular schedule meeting was postponed by Chairwoman Wagner at 8:38 pm due to the Board would not have a quorum. City of Edgewater Dangerous Dog Hearing "Duo" Page 4 of 4