06-29-2011 - Chimp CITY OF EDGEWATER
ANIMAL CONTROL BOARD
DANGEROUS DOG HEARING
Case # 1105 -0305
June 29, 2011 @7:00 P.M.
Edgewater City Council Chambers
MINUTES
CALL TO ORDER
Chairwoman Donna Wagner called the Dangerous Dog hearing to order at 7:00 P.M. in the Edgewater City
Council Chambers.
ROLL CALL
Members present were: Donna Wagner, Jamie Young, Mary Wenderoth, Karen Mason and Dr. David
Vanis. Also present was Denis O'Dell /Animal Control Officer, Jack Corder /Director of Leisure Services.
Witnesses present for "Chimp" (dog): Eric Parker of 2761 Evergreen Drive and Ellen Herinya, (neighbor).
Witnesses present for "Princess "(cat): Tonya and John Hindman of 2730 Evergreen Drive.
HEARING
All present giving testimony were sworn in.
Testimony of Denis O'Dell, Animal Control Officer
Mr. O'Dell stated this meeting was to determine the status of "Chimp" as a possible Dangerous Dog. He
said this was the second time that "Chimp" attacked "Princess ". The dog had attacked this same cat on a
separate date, two years earlier. He stated in this present incident, that both of the animals were
unattended at the time of the attack, and when he arrived, "Princess" had already expired. He stated he
put the dog under quarantine and checked to see that he was current in his shots, and he was. He stated
in the first incident two years ago, that the cat was attacked in the hind quarters, but was saved. He said
that citations were given at that time to Mr. Parker. Mr. O'Dell said however, that the second incident
resulted in the cat's death. He stated the dog presently lives with children and has no problems, but
apparently has a problem with cats. He said the dog in fact has attacked twice and killed once a domestic
pet. He said the cat was an outside cat and was not up to date on her shots.
Testimony of Eric Parker, owner of the dog
Mr. Parker stated he was outside and when he became aware that "Chimp" had gotten out and was
attacking the cat, and by the time he got to him it was already too late. He said he does not let the dog
run free, and keeps him licensed and up on his shots. He said he has a five foot fence and he must have
left the gate open in this instance. He said he also put bars on his windows after the first incident to keep
the dog inside. He said the neighborhood cats come into his yard and antagonize the dog and that's why
he added the bars to the windows. He stated he felt very sorry about his dog killing the cat. Jamie Young
asked Mr. Parker if the dog was neutered and he said he was.
Dangerous Dog "Chimp" 6/29/2011 /Animal Control Board
Testimony of Tonya Hindman, daughter of Cat's owner
Tonya stated she was at her parents' home when the incident happened and all she saw was the dog
shaking the cat in his mouth near the car. She said she called the police and when she came back, the dog
had already gone, and the cat was dead. She said the cat always laid by the front door and would come
when called and Chairwoman Wagner stated there is no voice control for cats, as independent as they
are, and then asked if the cat was up on her current vaccinations. She said she didn't have the paperwork
and her mother, Linda Hindman, interjected that the last time there were shots given, she believed they
were the ones that were good for three years, not one. Tonya was asked if she saw the dog go after the
cat, and she said she did not, she only saw the dog with the cat in its mouth.
Testimony of Ellyn Herinya, neighbor
Mrs. Herinya stated there is a cat problem in the area, and cats are always sitting on the fence and
running loose. She said they had called animal control several times about the cats and they tried also to
get cages to trap them, but weren't able to. She said she is sorry what happened to "Princess ", but that
"Chimp" was a good dog.
Karen Mason asked after the 1 incident with "Chimp ", was anything done to re -train the dog? Mr.
Parker said no, but he had court costs he had to pay for the incident and also he spent money to put the
bars up on his windows, because the cats would antagonize his dog.
Testimony ended at this time and Chairwoman Wagner stated that as a Board, they are binded by law
what can be done. She said there is no leeway to not consider him a dangerous dog, as he has now killed
a domestic pet. She felt that even though he should be considered dangerous, at least he has another
chance, by abiding by certain restrictions he will have to follow. She said most of these have already been
met, with the fence, and the bars, etc., however, now the dog will need to be muzzled outside of the
house and in any vehicle. Dr. Vanis noted that while it is good that the dog has never gone after humans,
what might happen if someone had to break up another incident with another animal, and a human got
hurt. He stated that this gives the dog another chance with the dangerous dog regulations, as a third
strike against the dog will mean he will be put down. He also noted that the family has a right to appeal
this decision if the Board deems him a dangerous dog.
Discussion being ended, Karen Mason made a MOTION that" Based on the requirements contained in
Chapter 767, Florida Statutes, and testimony provided, there is sufficient cause for the Animal Control
Board to deem "Chimp" a "dangerous dog" due to the exhibition of aggressive behavior /tendencies."
Therefore, I move that "Chimp" be deemed dangerous and come into compliance under the regulations.
Jamie Young, seconded the MOTION and it CARRIED 4 -0. Dr. Vanis did not vote, due to prior knowledge
of the incident.
ADJOURNMENT
There being no further business, Chairwoman Wagner moved to adjourn, seconded by Jamie Young.
MOTION CARRIED 5 -0.
Minutes submitted by
Barb Kowall
Dangerous Dog "Chimp" 6/29/2011 Animal Control Board