HomeMy WebLinkAbout06.28.1999APPEAL HEARING
June 28, 1999
6:00 p.m.
Council Chambers
Members present: Mayor Rooff, Getty, Murphy, Jordan, Krizek, Gronen, Anders.
Members absent: Collier.
Moved by Jordan, seconded by Getty that the Agenda, as proposed, be approved. Ayes: Six.
Absent: Collier. Motion carried.
Mayor Rooff stated that the hearing is being held on the appeal by Brenda Fuller of the order
from the Cedar Bend Humane Society to destroy or remove her dog from the city limits.
City Attorney Jim Walsh stated that owner Brenda Fuller was cited by the Cedar Bend Humane
Society for a dangerous dog under Sec. 7-14 through Sec. 7-17 of the Waterloo Code of
Ordinances. Mr. Walsh stated that the council can affirm or reverse Cedar Bend Humane
Society's order by a majority vote.
Josh Colvin, Animal Control Officer for Cedar Bend Humane Society, reported that the Humane
Society received a call on June 2, 1999 from the Waterloo Police Department regarding a boy
who was attacked by a chow. The boy, Travis Smith, was attacked by a dog named Trouble, a
chow owned by Brenda Fuller. Mr. Colvin stated that Travis Smith was delivering the paper and
Trouble got off the cable and kept biting him again and again. Mr. Colvin reported that he had
seven documented incidents of Trouble running loose. Mr. Colvin stated that the Humane
Society has been to the property a number of times on reports of Trouble being loose and has had
numerous neighbors in the neighborhood tell him that it happens quite frequently. Mr. Colvin
reported that the severity of the bites shows the animal has a tendency to be vicious. Mr. Colvin
stated that the reason the Humane Society wants the dog destroyed or removed from the city
limits is because he will get loose, and they are afraid the next incident could be more severe. Mr.
Colvin submitted pictures of the wounds to Travis Smith's body. Mr. Colvin stated that an animal
protecting a home might bite once, but Trouble attacked time after time and kept biting.
John Fuller reported that all the times that Trouble has gotten loose, he has managed to jump the
fence. Mr. Fuller stated that Trouble has been loose before where there are kids, and he has never
attacked anyone. Mr. Fuller stated that there is a female dog in the home who was pregnant, and
Trouble may have been protecting his family. Mr. Fuller stated that all the times that Trouble got
loose they were not afraid he would bite someone, but that he would get hit by a car.
Brenda Fuller stated that they have not been cited before. Ms. Fuller stated that Trouble was on a
cable and hitch that was advertised to hold 2,000 pounds and broke loose. Ms. Fuller stated that
they have bought a new hitch that is suppose to hold the weight of a car. Ms. Fuller stated that
Trouble has not bitten anyone before and is not a vicious dog. Ms. Fuller reported that Trouble is
a house dog, and when he goes outside they put him on a cable. In response to a question from
Councilperson Anders, Ms. Fuller stated that Trouble is not a guard dog. Ms. Fuller reported that
Trouble weighs 80 pounds and looks vicious, but he is not. Ms. Fuller stated that Trouble went
home as soon as he was told, and he did not have to be pulled off of Travis Smith. Ms. Fuller
reported that she called for an ambulance, and that she spoke with Travis' mother several times
on the telephone regarding his condition.
John Miller reported that most generally the paper is put in the mailbox across the street and not
the back door, and when the paperboy collected he always used the front door and not the back
door. Mr. Miller stated that when they showed the Humane Society the leash and hitch used for
Trouble, the Humane Society said that they have been having trouble with those hitches. Mr.
Miller stated that Trouble was protecting his house and family. Mr. Miller stated that Trouble is a
big dog and a lot of people are afraid of large dogs. Mr. Miller stated that they do not want to get
rid of Trouble, and they have started to fix the fence and have purchased a heavier hitch.
Appeal Hearing
June 28, 1999
Page 2
Willie Mae Newton, Travis Smith's mother, reported that Travis' bite wounds are healing, leaving
scars. Ms. Newton stated that there was no damage to the ligaments or tendons. Ms. Newton
stated that Travis has quit his paper route and is afraid of dogs.
Moved by Jordan, seconded by Krizek that the hearing be closed and oral and written comments
be received and placed on file. Ayes: Six. Absent: Collier. Motion carried.
Moved by Jordan, seconded by Murphy that the order of the Cedar Bend Humane Society to
destroy or remove Trouble from the city limits be affirmed. Ayes: Six, Absent: Collier. Motion
carried.
With no further business before the council, it was moved by Jordan, seconded by Murphy that
the meeting be -adjourned at f :30 p.m. Ayes: Six. Absent: Collier. Motion carried.
Nancy Eckert
City Clerk