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HomeMy WebLinkAbout07.24.2000• • APPEAL HEARING July 24, 2000 3:00 p.m. Council Chambers Members present: Anders, Krizek, Gronen, Getty, Berry. Members absent: Jordan, Murphy. Moved by Berry, seconded by Gronen that the Agenda, as proposed, be approved. Ayes: Five. Absent: Jordan, Murphy. Motion carried. Mayor Pro Tem Getty stated that this was the time for hearing on the appeal by Terri Bostick of the order to destroy or remove dog from the city limits. Rhonda Engleman, Animal Control Officer for the Cedar Bend Humane Society, reported the Humane Society's first encounter with Peaches, a dog owned by Terri Bostick, 1443 Vine Street, was on March 1, 2000 on a dog bite complaint. The dog was put in home quarantine because it was a puppy less than four months of age. The next complaint received by the Humane Society was on March 9, 2000 for a dog at large. This was still during the home quarantine time when the dog was not to be out unless it was with its owner. Ms. Engleman reported that the Humane Society received a third bite report on Peaches on June 13, 2000. The report was received by the Humane Society seven days after the incident. At the time of the third biting incident, Peaches had been vaccinated for rabies four days prior to the biting incident. Peaches was then put into another home quarantine for four days because six of the ten days had already past before the Humane Society received the report. The Humane Society received another complaint on Peaches that another biting incident took place on June 11, 2000, but the report was not called in until June 14, 2000 because the victim did not know where the dog lived. Ms. Engleman reported that ten days after the last biting incident, she took two boys to 1443 Vine Street to give a positive ID of the dog. The owner of Peaches said they had a witness who stated there is another dog in the neighborhood that looks like Peaches, and that is why they needed a positive ID from the boys. During this time, Ms. Engleman found out that two boys were bitten during the last incident but blood was only drawn from one. Ms. Engleman reported that the Humane Society felt that they had no choice but to declare Peaches dangerous. Assistant City Attorney Sang-Ki Han stated that Peaches is currently being housed at the Cedar Bend Humane Society. Mr. Han stated that under Section 7-17 of the Waterloo Code of Ordinances, the council has the option of having Peaches put to sleep or removed from the city limits, Mr. Han recommended that the council have the Humane Society dispose of Peaches as they see fit, not because the dog is dangerous but because it has not been well reared. Ms. Engleman stated that Peaches was at the Humane Society for five days before she trusted them. Councilperson Anders asked if Peaches were lying on the floor and he walked by would Peaches bite him. Ms. Engleman replied that she thinks Peaches would bite because she would not know him. Terri Bostick, 1443 Vine Street and owner of Peaches, stated that she found the dog on a train track. Ms. Bostick stated that she never spanked Peaches and fed her. Ms. Bostick stated that she is buying all the equipment for her dog, including a chain and leash and is getting a trainer for Peaches. Ms. Bostick stated that the trainer told her she babies Peaches too much. Ms. Bostick stated that she believes Summerhays chased Peaches with a stick. The incident with Donna Cupp happened after she told Ms. Cupp not to go in the back yard until Peaches was trained. Ms. Bostick stated that regarding the reported third incident, there is no way Peaches could have gotten free from the chain. Ms. Bostick stated that she watched neighbors with motorcycles riving up their motors in Peaches' face. Ms. Bostick stated that Peaches was in the house during the time the third incident was reported. Ms. Bostick reported she is doing everything the Humane Society asked, including training for the dog, vaccinations and keeping Peaches tied up. Ms. Bostick stated that she feels her dog was tormented with bottles and rocks. Ms. Bostick Appeal Hearing July 24, 2000 Page 2 stated she feels the dog is being picked on because of other issues in the neighborhood. She has had windows broken, car scratches, tires flatten, her children's bikes stolen, and has been continually harassed. Ms. Bostick stated that she never spanked Peaches, but potty trained her and did not treat her mean. Ms. Bostick stated that she is willing to take Peaches to her father's home in Michigan. Ms. Bostick stated that she believes taking her to the Humane Society saved Peaches' life. Ms. Bostick reported that the veterinarian believes peaches is part Pit Bull and German Shepherd. Councilperson Anders stated that if Ms. Bostick is willing to take Peaches to Michigan that will satisfy the condition of the appeal. Councilperson Anders stated that if Ms. Bostick shows proof that she has taken the dog to Michigan that will take care of the problem. Ms. Bostick reported she will take Peaches to Michigan at the end of the month. Ms. Engleman reported that Peaches will be housed at the Cedar Bend Humane Society at a cost of $8.00 per day until she is moved to Michigan. Moved by Anders, seconded by Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Jordan, Murphy. Motion carried. Dan Summerhays, 1327 Vine Street, asked if the dog could be brought back for visits. Mr. Han stated that if the council orders Peaches be removed from the city limits and returns to the city, that would be a violation of the council's order and the city would prosecute. Moved by Anders, seconded by Gronen that the order of the Cedar Bend Humane Society to remove Peaches from the city limits be approved, that Ms. Bostick remove Peaches by August 2, 2000, provide proof to the city that Peaches has been removed, and that Peaches remain at the Cedar Bend Humane Society until August 2, 2000. Ayes: Five. Absent: Jordan, Murphy. Motion carried. With no further business before the committee, it was moved by Gronen, seconded by Berry that the meeting be adjourned at 3:32 p.m. Ayes: Five. Absent: Jordan, Murphy. Motion carried. Nancy Eckert City Clerk • •