2013-01-31Blair Police Committee
Dangerous Dog Hearing and
Reckless Owner Hearing
January 31, 2013
Present: Police Committee — Marty Shepard, Kevin Hall and Hal Kephart
Staff — Chief Lager, Assistant City Administrator Green and City Attorney
Tripp
Due to the recent election and change in committee members, Assistant City Administrator
Green stated an election of a Chairman is required. Motion by Council member Hall, second by
Council member Shepard to nominate Council member Kephart as Chairman. All Council
members present voted Aye. Chairman Hal Kephart called the hearing to order at 5:04 p.m. of
the Blair Police Committee to consider an appeal process as requested by Kristin and Antonio
Lauricella, 1731 Colfax St, Blair, Nebraska 68008 regarding the "Potentially Dangerous Dog
Declaration" for their dog "Tank" on January 31, 2013 and for Steve and Rebecca Roberts, 706
N. 11th St, Blair, Nebraska 68008 regarding the "Reckless Owner declaration" for their dogs
"Hawkeye" and "Cami" on January 31, 2013.
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 Antonio and Kristin Lauricella of the
requirements enforced by the Dangerous Dog Ordinance. A letter was sent to them with all the
required information on December 12, 2012 outlining the steps they would need to take to
comply with the Dangerous Dog Ordinance. After reviewing the information sent to them, the
Lauricella's decided to appeal the "Potentially Dangerous Dog Declaration" by requesting this
hearing. The Committee needs to consider the findings of fact as outlined in the letter from
Chief Lager supported by the police facts regarding their dog attacking another dog. They would
like to present facts and offer evidence that their dog should not be declared potentially
dangerous. Antonio and Kristin Lauricella presented the Committee with a letter from their
neighbor Bob Tichota, 1767 Colfax St, Blair, owner of the dog Bubbles that Tank attacked. Mr.
Tichota supported their request to not have Tank declared potentially dangerous. Motion by
Shepard, second by Hall to receive and place on file the letter written by Bob Tichota. All
Council members present voted Aye. Chairman Kephart declared the motion carried. Mr.
Lauricella stated their dog is licensed, microchipped, neutered and was evaluated by someone at
the Humane Society. The specialist from the Humane Society spent an hour with Tank
evaluating his personality and did not observe any aggressive behavior. They also noted they did
pay the veterinarian bill for Bubbles as confirmed in Mr. Tichota's letter and presented pictures
of Tank during the Sugar Plum Festival in Blair that showed him out and about among crowds of
people. The Lauricella's stated they have complied with most items already but do protest the
requirement to have Tank muzzled when outside. He was abused in the past and they feel this
would do more damage to him. He also has anxiety and the muzzle might only elevate this issue.
Their twelve year son was taking the dog out that day when Tank got away from him. They no
longer allow him to take the dog out. They are also willing to put up a fence so he cannot see
other dogs. Chairman Kephart did note that their dog did act aggressively the night of this
incident and the attack was unprovoked. A guideline has been established, and it is the job of
this Committee to uphold it. The Lauricella's stated they understood the position of the
Committee but they have never had an issue with their ,dog before. There were no other
comments from the floor or in writing. Motion by Shepard, second by Hall to waive the
"Potentially Dangerous Dog Designation" for Tank due to the additional information submitted
by Antonio and Kristin Lauricella including the letter from Bob Tichota, supporting the request
by the Lauricella's to remove the declaration. All Committee members present voted Aye.
Chairman Kephart declared the motion carried. Chairman Kephart issued a statement to the
Lauricella's to not come back because the Committee is there to enforce the Ordinance and the
Ordinance is there for a reason.
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 Steve and Rebecca Roberts of the
requirements enforced by the Dangerous Dog Ordinance. Green stated both dogs were found
running at large and were impounded. Neither animal was licensed. The Roberts were sent all
the required information on October 23, 2012 outlining the steps they would need to take to
comply with the Dangerous Dog Ordinance. City Clerk Wheeler also reviewed the process with
Rebecca Roberts at City Hall on October 16, 2012. The Roberts did not appeal this declaration
by the given date of November 5, 2012. They 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
their non-compliance, the City Attorney then entered a "Reckless Owner Declaration" dated
December 28, 2012. Steve Roberts submitted to Staff a request to appeal the Reckless Owner
declaration by a written request received on December 29, 2012. Steve and Rebecca Roberts
appeared before the Committee to appeal the Reckless Owner Declaration stating their dogs are
not dangerous. They stated their grandson let the dogs out when they were not home. Mr.
Roberts stated the dog Hawkeye was not their dog but owned by their son. They confirmed the
dog has been removed from Blair city limits. He stated he had already invested $300 in fines
and fees for this incident and stressed he did not want to have their dog Cami spade or spend any
money for a dog training class. Council member Kephart stated a guideline has been established
that maintains the owners are responsible for their dogs. Mr. Roberts argued to have the
Potentially Dangerous Dog Declaration removed. Council member Hall stressed they had
ignored the letters sent by City Staff to have that designation removed. The process has now
moved on to a Reckless Owner Declaration. Assistant City Administrator stated the Committee
has previously allowed owners issued a Reckless Owner Declaration, (30) days to comply for the
declaration to be removed. City Attorney stated the dog would have to be spade because it is too
late to request the Potentially Dangerous Dog Declaration to be removed. Due to the applicants
ignoring the first letter sent by the City, it is simply beyond the point to argue the Potentially
Dangerous Dog Declaration. Assistant City Administrator Green again read the requirements for
appealing both the Dangerous Dog Declaration and the Reckless Owner Declaration. Council
member Hall stated he would be prepared to give the Roberts an additional (30) days to comply
and not be declared a Reckless Owner but Cami has already been deemed a Potentially
Dangerous Dog and that cannot be changed. At this point, you have to comply with all the
requirements or be deemed a Reckless Owner and that includes having Cami spade. There were
no other comments from the floor or in writing. Motion by Hall, second by Shepard 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, provides proof that Cami has been spade and sign a Dog
Removal Agreement with the City for Hawkeye. All Committee members present voted Aye.
Chairman Kephart declared the motion carried.
Motion by Hall, second by Shepard to adjourn the meeting at 5:55 p.m. All Council members
present voted Aye. Chairman Kephart declared the hearing adjourned.
Brenda Wheeler, City Clerk