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HomeMy WebLinkAbout07.13.2006• • APPEAL HEARING July 13, 2006 8:30 a.m. Council Chambers Members present: Mayor Hurley, Kincaid, Welper, Gunderson, Greenwood, Cole, Schmitt. Members absent: Getty. Mayor Hurley explained that the purpose of the hearing was the appeal by Monique Wolf of Section 5-1B-4 of the Waterloo Code of Ordinances, Dangerous Dogs Prohibited, for dog named Ceasar. Monique Wolf, 1016 Kern Street, reported she has three pit bulls: Sadie, Ceasar and Coco. Ms. Wolf stated she is sorry about her neighbor's dog, Kirby. Ms. Wolf stated she has lived at 1016 Kern Street since July 8, 2004, She always lets her dogs out in the backyard. Ms. Wolf stated she believes Ceasar got out of the fence, which is weak on one side. Ms. Wolf stated Ceasar did not bite the small dog. Kirby was a small dog, and Ceasar has a small chew toy, which he always shook back and forth. Ms. Wolf reported she does not let her dogs outside in the fence any longer. Ms. Wolf stated Ms. Wasserfort's son and daughter-in-law said that Ceasar killed Kirby, but Ceasar was in her yard, not attacking anyone. Ms. Wolf stated if Ceasar were dangerous, you would not be able to stop him or pull him away. When she opened the gate, Ceasar went right in. Ms. Wolf stated on that date Animal Control was called, and they came to her house and also a Police Officer. Ceasar did not bark or attack them. Ms. Wolf stated she asked Animal Control if Ceasar would be taken away, and the Animal Control Officer said no and then verified he had his shots. The Animal Control Officer told Ms. Wolf she would have to take Ceasar outside on a leash until the fence is secured. Ceasar had to be quarantined for ten days. While the Animal Control Officer was at her house, the dogs did not bark or growl. Ms. Wolf reported later that day the Police Officer and Animal Control Officer returned to her house, and the Police Officer suggested that she put up a fence, and that the Police Officer said she was going to talk to the District Court to make her put up a kennel. Ms. Wolf stated she has put up a kennel. Ms. Wolf reported that the owner of Kirby and her son and daughter-in-law have gone to the newspaper, radio and television. She has received threatening telephone calls and raw meatballs have been tossed into her yard. Ms. Wolf submitted letters of support from neighbors. Ms. Wolf stated three of her neighbors who have children have taken care of her dogs, and nothing has been done to them. Ms. Wolf stated in response to an incident of June 29, 2005, Ceasar was at home on that date. Animal Control did pick up two or her dogs, but she did not receive a citation. Ms. Wolf stated she paid her fines. Ceasar does not have any priors. Ms. Monique stated the daughter-in-law said that they ran to the garage to hide. If Ceasar were vicious and attacked them, there were no marks on the garage. Ms. Wolf stated she is sorry for what happened to Kirby: Ms. Wolf stated the three dogs do not even fight each other. Ms. Wolf stated she believes Ceasar thought Kirby was a toy. Brandy Douglas reported she has been around Monique Wolf, and she takes her dogs to Ms. Wolf's house. Ms. Douglas stated she has two dogs from the same litter as Sadie and Coco. Ms. Douglas stated when Ms. Wolf was in the hospital, she took care of Ms. Wolf's three dogs, and she had no problems. Ceasar does not growl. Joan Wasserfort, 1335 Jersey Lane, reported she was visiting her mother-in-law at about 7:00 a.m. and they were planting flowers in the front yard. Ms. Wolf let the three dogs out, and they ran to the front fence, growling and acting aggressive. Ms. Wasserfort stated her husband, Larry, and mother-in-law went to the garage to get the sprinkler, and the dogs went to the side running up and down. Her mother-in-law was carrying Kirby. All at once, Ceasar got under the hole in the fence, leaped up, knocked her mother-in-law down and grabbed Kirby. The other dog also Appeal Hearing July 13, 2006 Page 2 come over. Larry was trying to catch Ceasar, and she was trying to help her mother-in-law up. Ms. Wasserfort stated Ms. Wolf called the dogs, one went back, but Ceasar didn't. Ms. Wolf told them to go into the garage. Kirby's tongue was ripped out. Ms. Wasserfort stated that both dogs knocked her mother-in-law down, and she helped her up and was yelling and screaming. Dave Zellhoefer, Assistant City Attorney, showed pictures to Ms. Wasserfort of the dog after the attack, and she confirmed the dog in the picture was Kirby. Ms. Wasserfort reported after the attack, she called the Police Department and Animal Control. After a time, they didn't know what to do as Kirby was dead. They put Kirby in a shoe box and buried him. Animal Control wanted to see Kirby, so they dug him back up. Animal Control took pictures of Kirby. Ms. Wasserfort reported Kirby's neck was broken and his tongue was ripped out. Maria Tiller, Animal Control Officer, reported Animal Control was called to 1016 Kern Street on June 16, 2006 to speak to Monique Wolf about the incident to see if she would build a kennel to ensure this wouldn't happen again. Ms. Tiller stated that Ms. Wolf admitted Ceasar went under the fence and killed Kirby. Ms. Tiller stated that Animal Control took pictures. A resident of 1036 Kern Street reported she has known Ms. Wasserfort since September 2005. She could see her and hear her yelling and screaming. Ms. Wolf was saying Ceasar has toys and just wants to play with Kirby. The dog was in Wasserforts' yard. She heard Ms. Wolf calling for Ceasar, and another guy was beating Ceasar with a cane. Kirby was in his yard, and Ms. Wolf yelled he won't hurt your dog. Ceasar was licking or mauling Kirby. Moved by Welper, seconded by Schmitt that the herring be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. Councilperson Welper asked where is Ceasar, and Ms. Wolf responded he has been at home since day one. Ms. Wolf stated Animal Control said Ceasar did not seem vicious. Ms. Wolf reported she takes the dogs outside one at a time. Councilperson Gunderson asked Ms. Tiller how many incidents have there been on Kern Street or other complaints about dogs barking. Ms. Tiller responded one time there was a report of two dogs at large. One other time a chain was wrapped around Ceasar's neck. Councilperson Gunderson asked Ms. Tiller if Ceasar is dangerous and will he attack. Ms. Tiller responded any time a dog attacks causing injury or goes after a person, she issues a citation. Ms. Tiller reported she issued two citations, with the understanding if she had to go back to Ms. Wolf's address, she would take the dogs. Councilperson Gunderson asked Ms. Tiller if she has been called back to 1016 Kern Street, and Ms. Tiller responded no. Councilperson Gunderson asked if Ms. Wolf has put up an adequate fence, and Ms. Tiller responded the last time she drove by, Ms. Wolf was putting up a kennel. Councilperson Gunderson asked Ms. Tiller if Police Officer Michael was called to the scene, and Ms. Tiller responded Office Michael was at the residence that morning. Councilperson Schmitt reported he went to 1016 Kern Street last night to see Ceasar. He walked around the house, and Ms. Wolf had, Ceasar on a leash. Councilperson Schmitt stated Ceasar came up to him and put his paws on the fence, he gave Ceasar his hand, and Ceasar rubbed his head on both of his hands wanting to be petted. Councilperson Schmitt stated he believes the fence is 20 years old, and there is no tension on the chain link. The kennel is partially built, but there is nothing in the back yard to keep Ceasar in. Councilperson Schmitt stated he believes Ceasar is a dangerous dog because he is big, powerful and not controlled. Councilperson Welper stated he feels this is an unfortunate situation. Councilperson Welper stated over the years, he has knocked on doors, and the dogs are protecting the house. Councilperson Welper stated he would declare them as dangerous. Councilperson Welper stated Ceasar is a big dog, and playing to him is rough to a small dog. Appeal Hearing July 13, 2006 Page 3 Mayor Hurley read the Ordinance from the Waterloo Code of Ordinance which defines dangerous dog. Councilperson Welper stated he feels the city is full of dangerous dogs. All will attack at any given time. Moved by Welper, seconded by Gunderson that the dangerous dog violation be reversed. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated he doesn't think we have met the burden of proof that Ceasar is a dangerous dog. Councilperson Gunderson stated he listened to both sides, and he feels this is an unfortunate accident that all of us regret. Councilperson Schmitt stated he feels Ceasar meets the definition of dangerous dog because of his size and he is a threat to anyone smaller than him. Councilperson Cole stated she feels when you have dogs this size and certain breed characteristics, they are prone to be aggressive. They are so large and strong they have to be controlled somehow, and they are hard to control Councilperson Cole stated you see them with large chains and pinched collars. Councilperson Cole stated she will vote to affirm the violation as Ceasar meets all the criteria and is a dangerous dog. Councilperson Schmitt stated Fifty was trained to fight, and Ceasar is the same breed, but totally opposite. Councilperson Schmitt stated Ceasar is big, dumb and powerful, and Ms. Wolf can't control him. Councilperson Kincaid stated he believes dogs of this type are either people bitters or aggressive to other dogs. Councilperson Kincaid stated he feels for Ms. Wolf because if she doesn't have a way to control Ceasar, he will get away. Councilperson Kincaid stated he will affirm the citation because of the breed of the dog. Councilperson Greenwood stated the evidence is that Ms. Wolf's dog could be dangerous in situations. Councilperson Greenwood stated he will support a reversal of the citation. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Cole, Schmitt, Kincaid. Absent: Getty. Motion failed. Councilperson Gunderson stated the motion was to reverse. The hearing was to hear evidence on both sides, and he would like Councilperson Getty to be present. Councilperson Gunderson stated he is not happy or comfortable with the previous vote and would like to bring this back to the council with Councilperson Getty present. Moved by Gunderson that the appeal be brought back to the council. Prior to a vote on the above motion, the following comments were heard. Dave Zellhoefer, Assistant City Attorney, reported today's meeting was to reverse or affirm the decision declaring Ceasar a dangerous animal. Mr. Zellhoefer stated Animal Control never declared Ceasar vicious. Mr. Zellhoefer stated he feels the original action of the council fails. Mayor Hurley stated he feels the ordinance allows the council to declare an animal dangerous. The motion by Gunderson fails due to a lack of a second. With no further business before the council, it was moved by Cole, seconded by Greenwood that the meeting be adjourned at 9:21 a.m. Ayes: Six. Absent: Getty. Motion carried. Nancy Eckert City Clerk