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04-11-2000 ..... ....., CITY OF EDGWATER ANIMAL CONTROL BOARD APRIL 11, 2000 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER The appeal hearing was called to order by chairperson, Robin Hendricks, at 7:00 in the City of Edgewater Community Center. ROLL CALL Members present were: Robin Hendricks, Donna Wagner, Liz Scarvarda, Dr. D. Vanis, Deborah Brazzell Also present was Sue Griffiths, Board Secretary. Witnesses present were: Robin Feger, Animal Control Investigating Officer, Officer Timothy Huggins Reporting Officer, Brandi McNair, Transporting Animal Control Officer, Janet and Jerry Thomas neighborhood resident, Vanessa and Claud C. Yarborough victims parents, John Evershed dog owner, Rebecca Evershed Bannister dog owner, Richard Dye witness dog owner. All witnesses were sworn in, by Robin Wolf, at 7: 15 pm. WITNESSES 1) Robin Feger Animal Control Investigating Officer Robin Feger explained that she was the investigating officer in the case of the animal bite. Ms. Feger played the "911" tape that was a record of the mother of the victim placing the emergency call to Edgewater Police Department dispatchers at 6:16 pm on March 21, 2000. Ms. Feger allowed the board to view the pictures taken for evidence of the victim. Ms. Feger went on to explain the process in which resulted in finding sufficient cause to classify, Max, a male intact Rottweiler, as a dangerous dog in accordance with Florida State Statue 767.13 Subsection 2. Ms. Feger went on to explain that during her investigation documentation was found showing Mr. John Evershed, resident at 111 Neptune Drive, as owner of said animal and at that time requested owner to surrender said animal. Mr. Evershed signed an owner surrender form on March 28, 2000 and as of that time case was closed and animal was to be humanely destroyed on March 30th. On March 30, 2000 along with Lt. Joseph McEver a telephonic '-' ...., discussion with Ms. Rebecca Evershed Bannister was held. At that time Ms. Bannister requested she be able to appeal the decision to destroy Max because she was the owner of the dog and had documentation to prove this. 2) Officer Timothy Huggins Reporting Officer Officer Huggins stated he was the first officer on scene at 6:18 pm March 21, 2000. Officer Huggins made contact with the victims father, Claud Yarborough, and was advised that a male Rottweiler known to the father as Max had attacked his son while his son was skate boarding down the street. Officer Huggins was also advised, by the father, that said animal then entered their residence chasing another child. The dog jumped on his wife while she was placing the call to get help, then after being pushed away from his wife, circled his 6 year old daughter in the living room area before being chased out of the residence. Once outside the residence the dog went after his 9 year old daughter on her bicycle and was intercepted by a neighbor. The victim's father stated that he did not see the animal attack the victim but that his 14 year old brother witnessed the two rottweilers, Max and Zero, jump out the broken window at 111 Neptune Dr. and Max attack his brother. Zero the other dog was not involved in the attack. Officer Huggins explained to the board members that when he made contact with the child he observed bites to his head, right ear, and that the left ear was almost torn off the victim. Officer Huggins stated that you could see the bone showing on the bite to the head and that upon Edgewater rescue's arrival he attempted to find the animals that had attacked the child. Officer Huggins explained to the board members that he did not attempt to capture the dogs at this time due to unknown response or agitation. A call was placed by dispatch to the off duty Animal Control Officer Brandi McNair to respond to assist in taking animals into custody. 3) Brandi McNair Transporting Animal Control Officer Officer Brandi McNair stated that she was called at approximately 6:20 pm and asked to respond to 117 Neptune Drive to help take two rottweilers into custody that had bitten a juvenile. Ms. McNair stated that at approximately 6:40 pm she arrived on scene and was able to contain said animals in the animal control truck without any problems. Ms. McNair also advised that she was able to take off the chain collars off the dogs before transporting to the South East Volusia Humane Society and also that she documented which collar belonged to each animal. Ms. McNair stated that when she arrived at the humane society she had to use a catch pole on one of the rottweilers due to its aggressive behavior, which included lunging and growling, and at that time did not know the animals name. The aggressive animal was later identified by his rabies tag as Max. ..., ...., 4) Janet L. Thomas and Jerry Thomas Janet L. Thomas and Jerry Thomas who both reside at 108 Neptune Dr. stated that they have witnessed, on several occasions, the two rottweilers known to them as Max and Zero, roaming the neighborhood. Mrs. Thomas stated that she has complained to the owner John Evershed on several occasions about his animals getting out of the residence and roaming the neighborhood. Mr. Thomas stated that he was afraid of the animals behavior on more than one occasion while the animal was of its property. Ms. Thomas stated that she had witnessed the animal known as Max break out of the residence through the window but did not witness Max the night of the incident. Ms. Thomas also stated that she had resided at the residence for the past 5 years and this has been an ongoing problem with Mr. Evershed's dogs getting loose. 5) Vanessa Yarborough and Claud C. Yarborough III Mr. Yarborough described the events of March 21, 2000 as he remembered them occurring. Mr. Yarborough stated that he and his wife were located inside the residence when the dog named Max had attacked their son. He stated that his 14 year old son came into the residence and told him that Max had attacked the victim. Mr. Yarborough stated he and his wife ran outside and saw their son Justin holding his head and blood gushing from under his hand. Mrs. Yarborough went back inside the residence and began to call 911. Mr. Yarborough stated at this time the male Rottweiler known to him as Max was seen chasing his child into the house. Mr. Yarborough stated he ran after the dog and when he entered the residence he saw the dog trying to jump up on his wife who was calling 911. Mr. Yarborough stated he ran over to the dog and pushed it off his wife as his wife put her knee up to try to kick the dog away. Mr. Yarborough stated that after Max was pushed off of Mrs. Yarborough it them caught site of his 6 year old daughter standing in the living room and began to circle her. He then stated he again tried to get the animal away from his 6 year old. And that the animal then ran out of the house and was seen by his neighbor to then try to go after his other daughter, a 9 year old, who was riding her bicycle. The neighbor intercepted the dog and the dog Max then ran off with the other Rottweiler Zero. Mr. Yarborough was asked by a board member what Zero the other dog was doing while Max was attacking his son and then while he was inside the Yarborough residence and he stated Zero was running around in neighbors yards sniffing the ground and playing around. Mr. Yarborough was asked to explain how the doctors described the injuries to his son, Justin. Mr. Yarborough stated that his son was transported to Bert Fish Medical Center with bites to his head, and both ears. He also stated that his son's left ear was almost completely torn off and that there was cartilage damage. His sons wound to the head was so severe you could see the skull bone and it looked at though '-' ..., you could peel the skin completely off. Bert Fish Medical Center transported victim to Halifax Medical Center so that a plastic surgeon could tend to the wounds. Father was advised that it was necessary for a plastic surgeon to stitch the wounds due to cartilage being exposed and the possibility for infection to set into the bone. 6) Rebecca Evershed- Bannister Dog Owner Rebecca Evershed-Bannister stated that she is the owner of the dog in question Max. She stated that she had never seen Max act in an aggressive manner and the dog was very loving. Ms. Evershed-Bannister said the dog would give kisses on command and had never acted mean before. Ms. Evershed-Bannister stated she felt that Mr. Evershed must have been abusive towards her dog and that is why it did this. Ms. Evershed-Bannister stated that she had also seen an article stating the sound of the skate board could have instigated the dog to go after it. Ms. Evershed Bannister was asked where she would keep the dog if she was granted appeal. Ms. Evershed Bannister stated she would keep the dog temporarily at a friends home who has a kennel. Ms. Evershed Bannister was asked why temporarily, what were her plans? She stated that she is currently living in her grandmothers home, which is small, with her grandmother and her sister and her family. Ms. Evershed stated that the house being small is the reason that she asked Mr. Evershed to keep the dog with him until she could find a bigger place. Ms. Evershed was asked if she knew that the dog even, if appeal granted, would be classified as a dangerous dog whether in Ormond with her friends or in South Daytona with her. Ms. Evershed Bannister stated she knew this. She was asked if she knew what that classification meant? She stated she was aware of the meaning of the classification. Ms. Evershed was asked by board member if she was afraid Max might bite someone in her family or get loose and bite someone in her neighborhood. She stated she didn't believe that Max would do anything like this again, she stated that last year while the hurricane warning was in affect she was at her uncles farm with approximately 40 people, 10 dogs, numerous children running around, and numerous farm animals and had no problems what so ever with Max. Ms. Evershed Bannister was asked if she was not able to keep the dog at the friends home and had to keep Max at the residence she is at now how would she do this? Ms. Bannister stated that she would keep Max in a large cage on the opposite side of the home from the family and other dog Zero. Ms. Bannister was asked if she kept Max in the cage would it be large enough for him to move around and be comfortable. And she replied that it was large enough for Max to stay in comfortably. Ms. Bannister was asked what she would do to be sure the dog would not get out of the yard. Ms. Bannister stated that she was in the process of putting up a privacy fence in the back yard because the neighbors behind have a swimming pool. Ms. Evershed Bannister was asked was the last time she had physically seen Max and when was the last time Max was in her '-' ...., custody. Ms. Evershed Bannister explained that the last time she was in custody of Max was last summer and she had seen him in January of this year at Mr. Evershed's residence. She was asked if in January she noticed the animal being aggressive or noticed any change in the dogs personality. She stated no. 7) John Evershed Dog Owner Mr. Evershed stated he did not have anything to say except that he doesn't want to see Max do anything like this again. Mr. Evershed was asked about the broken window on his house that allowed Max to escape. Mr. Evershed stated that Max is always breaking the windows, he stated he would fix it only to have it broken again. Mr. Evershed was asked how long the window in question had been broken and how it had been broken. He stated that Max broke out of the house a couple of months ago and he hadn't gotten to fix the window yet. Mr. Evershed was asked if the City of Edgewater Code Enforcement or the Police department had been to his house to advise him to fix the window. He stated no he wasn't notified byeither. Mr. Evershed was asked if he had a fenced yard, he stated the back yard was fenced. When asked how tall the fence was he stated he didn't know it was just a regular fence. Note: Mrs. Thomas advised the fence was a standard 4 foot chain link fence. Mr. Evershed was then asked if the dogs had ever gotten out of the fenced yard and if they had been in the fenced yard and gotten out of it what would he have done with the dogs. Mr. Evershed stated that the dogs had never gotten out of the backyard but that it was possible for them to get out of the fenced yard and if they did he would keep them in the house. Mr. Evershed was asked if he had any idea how many complaints were made in reference to his dogs getting out. He stated he had only one other incident besides this most recent that he was aware of. Mr. Evershed was asked if there was anything else he would like to stated and he said no, but it's just wrong. He was asked what he meant by that and he said this whole thing, why we are here today it just isn't right. A break was taken at 08: 16 pm and the appeal resumed 08:26 pm. All members openly discussed their individual views on the subject and the following motion was made. Motion: A motion was made by Donna Wagner and seconded by Liz Scavarda to uphold the decision made by Robin Feger Investigating Animal Control Officer to declare the dog dangerous, pursuant to Florida State Statue 767.13 subsection 2 and for the dog to be humanely destroyed. Roll Call: Unanimous .. 'wi' ADJOURNMENT Motion to adjourn the meeting was made by Robin Hendricks, seconded by Donna Wagner. Motion carried unanimous. The meeting was adjourned at 8:40 P.M.