2012-08-28Blair Police Committee
Reckless Owner Hearing
August 28, 2012
Present: Police Committee — Jon Stewart, Kevin Hall and Hal Kephart
Staff — City Administrator Storm, Assistant City Administrator Green and City Attorney
Tripp
Chairman Jon Stewart called the hearing to order at 5:03 p.m. of the Blair Police Committee to
consider an appeal process as requested by Jared Meyer, 2054 Front St., Blair, Nebraska 68008
regarding the "Reckless Owner declaration" for his dog "Buck" on June 25, 2012 and for Don
Burdess, 710 S. 10th St., Blair, Nebraska 68008 regarding the "Reckless Owner declaration" for
his dog "Buds" on June 25, 2012.
Assistant City Administrator reported for Staff presenting a finding of facts from the Blair Police
Department reports and the process taken by Staff to notify Jared Meyer of the requirements
enforced by the Dangerous Dog Ordinance. Mr. Meyer was sent all the required information on
June 6, 2012 outlining the steps he would need to take to comply with the Dangerous Dog
Ordinance. Mr. Meyer did not appeal this declaration by the given date of June 25, 2012. He
also did not comply with the requirements outlined in the letter that needed to be met within (30)
days from the date of the notice. Due to his non-compliance, the City Attorney then entered a
"Reckless Owner declaration" dated August 13, 2012. Mr. Meyer then submitted to Staff a
request to appeal the Reckless Owner declaration by a written request received on August 22,
2012. At this time, Mr. Meyer has complied with the licensing requirement, micro -chipping and
liability insurance. Jared Meyer appeared before the Committee stating he misread the letter and
did not realize if he did not comply with the items in the letter, he would be declared a "Reckless
Owner". Rhonda Meyer, 2054 Front St., mother to Mr. Meyer, appeared before the Committee
stated she was the owner of the house and provider of the liability insurance. She stated her son
did not appeal the first declaration due to the $200 fee. There were no other comments from the
floor or in writing. Motion by Kephart, second by Hall to waive the "Reckless Owner
declaration" if the applicant enrolls in a responsible pet ownership class with the Nebraska
Humane Society within (30) days and submits proof back to the city that he has successfully
completed the course. All Committee members present voted Aye. Chairman Stewart declared
the motion carried.
Assistant City Administrator reported for Staff presenting a finding of facts from the Blair Police
Department reports and the process taken by Staff to notify Donald Burdess of the requirements
enforced by the Dangerous Dog Ordinance. Mr. Burdess was sent all the required information
on May 30, 2012 outlining the steps he would need to take to comply with the Dangerous Dog
Ordinance. Mr. Burdess did not appeal this declaration by the given date of June 25, 2012. He
also did not comply with the requirements outlined in the letter that needed to be met within (30)
days from the date of the notice. Due to his non-compliance, the City Attorney then entered a
"Reckless Owner declaration" dated August 13, 2012. Mr. Burdess then submitted to Staff a
request to appeal the Reckless Owner declaration by a written request received on August 23,
2012. City Attorney Tripp stated he received by fax on August 15, 2012 certification from
Thone Animal Clinic stating "Buds" had been neutered and micro -chipped on July 19, 2012 but
that the insurance that was submitted had expired. Don Burdess appeared before the Committee
submitting a new insurance certificate with an expiration date of May 21, 2013. Motion by
Kephart, second by Hall to receive and place on file the insurance certificate submitted by Don
Burdess for the liability insurance. All Committee members present voted Aye. Chairman
Stewart declared the motion carried. Mr. Burdess also stated that due to the age and health of the
dog, he would not be able to attend the Dangerous Dog classes at the Human Society. City
Attorney Tripp stated he personally talked to the Thone Animal Clinic and they did confirm the
dog would have trouble attending classes due to his age and health. Attorney Tripp noted that it
was not necessary for the dog to attend the class. This class is a responsible ownership class.
There were no other comments from the floor or in writing. Motion by Hall, second by Stewart
to waive the "Reckless Owner declaration" if the applicant enrolls in a responsible pet ownership
class with the Nebraska Humane Society within (30) days and submits proof back to the city that
he has successfully completed the course. All Committee members present voted Aye.
Chairman Stewart declared the motion carried.
Motion by Hall, second by Kephart to adjourn the meeting at 5:26 p.m.
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Brenda Wheeler, City Clerk