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HomeMy WebLinkAbout08.04.2008APPEAL HEARING August 4, 2008 4:45 p.m. Council Chambers Members present: Mayor Pro Tem Reggie Schmitt, Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper. Moved by Welper, seconded by Steve Schmitt that the Agenda, as proposed, be approved. Ayes: Seven. Motion carried. Mayor Pro Tem Reggie Schmitt stated that now was the time for the hearing on the appeal by Jim and Lori Morris of Section 5-1B-7 of the Waterloo Code of Ordinances, Registration of Potentially Dangers Dogs, for a dog named Gunnar. Chris Wendland, Assistant City Attorney, presented the evidence for the decision by Animal Control to determine that a dog named Gunnar, owned by Jim and Lori Morris, meets the definition of "potentially dangerous" dog and is required to be registered as a potentially dangerous dog and receive a certificate from Animal Control to allow the owners to keep Gunnar in the city limits of Waterloo. Mr. Wendland noted that council members received copies of the animal bite report and Incident of Violation on May 27, 2008 report from Animal Control. Heather Carpenter, 828 Lisa and owner of dog named Casey, reviewed the attack by Gunnar upon her dog Casey. Ms. Carpenter reported that they are next door neighbors of Jim and Lori Morris. That on May 27, 2008 her nine-year old daughter, Olivia, was letting Casey out when the attacked happened. Ms. Carpenter explained that she and her husband were at the kitchen table with friends when they heard Olivia yelling for Casey. Her husband jumped up immediately to see what was going on, and by that time Olivia was yelling that Gunnar attacked Casey. When they went outside, they saw Jim Morris grabbing Gunnar by the collar, taking him to the garage, and he was just shaking his head. They brought Casey into the house, and when Casey got in the house, he went straight under the table and was shaking. Ms. Carpenter immediately called Maria at Animal Control. Before Animal Control arrived, Ms. Carpenter called Casey out from under the kitchen table and noticed blood on the floor. Ms. Carpenter cleaned up Casey's eye and then thought she should take a picture of his eye, which was after she had washed the blood off. Ms. Carpenter stated that Casey is a seven-year old Golden Retriever. Councilperson Cole asked what kind of affect did the attack on Casey have on Olivia. Ms. Carpenter replied that she is afraid to go outside to even play. Ms. Carpenter noted that a week before the attack on Casey, Gunnar attacked her neighbor, Deb Young's dog, Corgi, twice. Kristy Gardner, Co -Director of the Cedar Bend Humane Society, noted that two loose dog complaints were filed, one on May 5, 2008 and one on May 7, 2008. Ms. Gardner noted that the officer involved is no longer employed by Animal Control Kristy Gardner, Co -Director of Cedar Bend Human Society, explained that before the Animal Control Officer declares a dog potentially dangerous, they present evidence to her and Karla Beckman, who are Co -Directors, before they go forward. According to the information from the Animal Control Officer, they do a director's report and then make a decision. Ray Walton, attorney for Jim and Lori Morris, explained that Gunnar is a well -cared for dog. Gunnar does not run loose, and the owner was right behind Gunnar on those two occasions. Gunnar is a pure-bred German Shepard, and Jim and Lori Morris are contesting whether the injury happened and that Gunnar should not be put under a potentially dangerous dog. Jim Morris, 834 Lisa, explained that on the day of the incident with the Carpenters' dog, he was tying Gunnar up when Gunnar ran over to the Carpenters. Mr. Morris stated that he called Gunnar off and took him home. He did not see the Carpenters outside and did not see any injury Appeal Hearing August 4, 2008 Page 2 to Casey but he was not looking at their dog. Mr. Morris stated he did not see any blood on Gunnar. Lori Morris, 834 Lisa, explained on the morning Gunnar got out she had him on leash before going to work. Deb Young was walking her kids to school, so she took Gunnar back in. Ms. Morris stated she thought she had locked the screen door, but she heard Gunnar barking. She saw Gunnar barking and jumping up and down so she took him in. Ms. Morris stated that at lunch time, she apologized to Deb Young and told her she would take care of Gunnar. Ms. Morris stated Gunnar never tried to hurt the kids or other dogs. Ms. Morris noted that when Gunnar was a young puppy, they spent $1,000.00 to keep him alive. They took Gunnar to obedience class when he was 16 weeks old, and they are taking him again for social. Ms. Morris stated she walks Gunnar twice a day, plays with him, they take him wherever they go, and Gunnar is a family member. Kristy Gardner reported that when the Morris's received the notification that Gunnar was declared a potentially dangerous dog, they completed all the requirements such as the microchip implant, paid the $50 registration fee, etc. Councilperson Welper stated that it seems that Gunnar is being a dog, but all the incidents have taken place outside of the owners' property, and Gunnar is required to be on a leash when he is not on his property. Councilperson Steve Schmitt asked about the incident with the Young's dog. Mr. Walton responded they are only aware of two incidents. Ms. Gardner reported that they received complaints that Gunnar was loose on May 5 and May 7, 2008. No citations were issued. Ms. Gardner stated that Animal Control talked with the Youngs, and they did not hold anything against the owners and Gunnar, and that they had talked privately with Jim and Lori Morris. Councilperson Hart asked Mr. Morris if on May 27, 2008 when Gunnar got loose did he see the actual incident. Mr. Morris responded yes he did, but he did not see any bite and he thought he got to Gunnar before it happened. Mr. Morris stated he did not see or hear Olivia. Mayor Pro Tem Reggie Schmitt noted that Gunnar could be a poster for the new ordinance as he has been at large three times, and it is the owners' responsibility to keep the animal confined so he does not intimidate other dogs or persons. Mayor Pro Tem Reggie Schmitt explained that Gunnar is now registered as a potentially dangerous dog. If the injuries to Casey had been severe, the discussion would be about putting Gunnar to sleep or removing him from the city limits. Moved by Cole, seconded by Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. Moved by Welper, seconded by Steve Schmitt that the decision of Animal Control be affirmed. Ayes: Seven. Motion carried. With no further business before the council, it was moved by Cole, seconded by Hart that the meeting be adjourned at 5:09 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk