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HomeMy WebLinkAbout01.11.2010• • APPEAL HEARING January 11, 2010 4:30 p.m. Council Chambers Members present: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moved by Greenwood, seconded by Hart that the Agenda, as proposed, be Seven. Motion carried. pproved. Ayes: Mayor Clark stated that now was the time for the hearing on the appeal by George, Lee of Section 5-1B-7 of the Waterloo Code of Ordinances, Registration of Potentially Dangerous Dogs, for a dog named Money. Vania Warns, Animal Control Officer, stated that on November 14, 2009 Mr. George Lee's dog got out of a fenced in area located at 231 Sumner Street and bit three different individuals. She stated there were discrepancies as to where the dog was when the bites occurr d. She stated the dog bit three separate people and they were all treated at a hospital for bite wounds. She stated that animal control followed up on the bite cases and found that the dog was not current on its rabies shot. She stated that the owners were served papers that the dog was a potentially dangerous dog. Councilperson Greenwood asked if the dog is licensed in the ity of Waterloo. Mr. Lee responded that the dog was not licensed at the time but is now Councilperson Greenwood asked how old the dog was. Mr. Lee responded that the dog s two years old. Councilperson Schmitt asked if the rabies vaccination was current. Ms. Was stated that the rabies vaccination was not current at the time but is up-to-date now. George Lee stated that at the time the incidents occurred he was not at home. He stated that he received a phone call that his dog, Money, had gotten out of the fenced area. H stated that when he got to his home, there was a vehicle in the driveway and beer cans all ove . Mr. Lee stated that he was told that his dog got out of the fence and had bitten several people. He stated that his dog has never been violent or caused problems. He stated that when the nei hbors had kicked his fence in, his dog must have felt bothered. Mr. Lee asked the animal contro officer if his dog was violent when they came to pick him up. Ms. Warns responded that the dog was not violent. Mayor Clark asked what kind of dog it was. Mr. Lee responded that it is a Terrier Pit Bull. Councilperson Cole asked who the dog bit. Mr. Lee stated that he doesn't eve know. He stated that the dog has never bothered anyone. He stated that for two years his do has lived at his home and nothing has ever happened. Mr. Lee stated that when his neighbors get screaming and hollering, his dog gets excited but has never got out of the fence until the fence was kicked in by people that were partying in his driveway. Councilperson Cole asked if he kne who the people were. Mr. Lee stated that he didn't know any of the people and when he pulled up to his property after receiving the phone call, they were all yelling at him n his property. Councilperson Cole asked where the dog was when he arrived home. Mr. Lee stated that his dog had ran off and a stranger brought his dog to his home stating that he had found the dog wandering. Mr. Lee stated that his dog did not hurt this stranger who picked him up and put him in his car. Mr. Lee stated that he feels that the three people who were bitten in his driveway wouldn't have gotten bitten if they hadn't kicked in the fence. Mr. Lee state I that his dog was probably barking and the individuals kicked the fence in. Councilperson Greenwood stated that the address of Glen Montgomery is 225 Sumner Street. Mr. Lee stated that is his next door neighbor. Councilperson Greenwood asked if the individuals were at his neighbors property. Mr. Lee stated that he assumes that they were at the beginning because everyday or every other day they have parties there. Mr. Lee stated that he does not agree with the neighbors tactics so he keeps away from them. Mayor Clark asked if he knows Mr. James Harris and Ms. Cindy Peterson also. Mr. Lee stated that he does and no one has come forth to show him bite marks or anything. Councilperson Getty asked if the council votes not to put the dog on the dangerous dog list would he continue to keep the dog vaccinated and licensed. Mr. Lee stat d that he would continue to vaccinate and license his dog. Appeal Hearing January 11, 2010 Page 2 Councilperson Schmitt asked if the individuals that were bitten aware of the appeal hearing. Ms. Warns stated that she was not aware of the individuals being notified. Mayor Clark asked what the severities of the bites were. Ms. Warns responded that the skin was broke on each bite. Mr. Lee stated that no one showed or told him anything ab ut his dog biting them. Mr. Lee stated that they never called the police or any authorities b cause they were probably drunk and were on his property. Councilperson Schmitt asked if there were any other witnesses to the incident. Mr. Lee stated that he was not aware of any other witnesses. Councilperson Hart asked if a person enters unto an individual's property and ey are bitten by a dog if that makes any distinction. Ms. Warns stated that basically every situati n is different and in this situation there are a lot of discrepancies of where the bites actually happened. Ms. Warns stated that an individual stated that the dog jumped the fence and went after them while another stated that the dog got through the fence and then was bitten. Councilperson Hart asked if the damaged fence was noticed at the time this incident occurred. Ms. Warns responded that she did not notice it, but she also did not go anywhere near that area because she only went inside Mr. Lee's home. A friend of Mr. Lee's, Beverly, stated that she has always been very afraid of dogs herself She stated that this dog has taken the fear of dogs out of her because he is such a gentle dog. Moved by Getty, seconded by Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. Moved by Getty, seconded by Welper to reverse the decision of Animal Control. Ayes: Seven. Motion carried. With no further business before the committee, it was moved by Hart, seconded by Cole that the meeting be adjourned at 4:45 p.m. Ayes: Seven. Motion carried. Carol Failor Deputy City Clerk • •