2013-08-29Blair Police Committee
Dangerous Dog Hearing
August 29, 2013
Present: Police Committee — Kevin Hall and Hal Kephart
Staff — Lieutenant Barrow, Assistant City Administrator Green and City Attorney
Tripp
Absent: Marty Shepard
Motion by Hall, second by Kephart to approve the minutes from the January 31, 2013 hearing.
All members present voted Aye. Chairman Hall declared the motion carried.
Chairman Hal Kephart called the hearing to order at 5:02 p.m. of the Blair Police Committee to
consider an appeal process as requested by Aurora Soto, 666 S. 10th St., Blair, to appeal the
"Potentially Dangerous Dog Declaration" for "Sasha/Black & Tan German Shepard Mix" issued
July 11, 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 Aurora Soto of the requirements
enforced by the Dangerous Dog Ordinance. A letter was sent to them with all the required
information on July 11, 2013 outlining the steps they would need to take to comply with the
Dangerous Dog Ordinance. After reviewing the information sent to them, Ms. Soto 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. He noted they would like to present facts
and offer evidence to dispute their dog being declared potentially dangerous. Aurora Soto
appeared before the Committee stating Sasha was a gift to their grandson and she was out of
town on vacation when the incident happened. Her son was watching the dogs on her behalf.
Ms. Soto presented the Committee with letters from her Veterinarian, Dog Groomer, and friends
and relatives that have all had dealing with Sasha and/or been around her as well as their
children. She also showed various pictures of events that included Sasha interacting with friends,
family and children. The Committee reviewed these letters and pictures but felt there was no
need to receive and place them on file. Ms. Soto stated her dog is licensed and micro chipped.
She believes Sasha is not an aggressive dog but was only protecting her territory and her other
dog that was being attacked by the neighbors dog. Sasha, herself, was actually attacked by the
neighbor's dog about a year ago and had to receive stitches. She also indicated the officer that
discussed this issue with her and presented her with a citation was the canine office and he was
apprehensive towards Sasha and kept grabbing his gun which caused tension for both her and
Sasha. Ms. Soto indicated by him being the canine officer, Sasha could smell his dog on him
and was agitated by the presence of his canine dog in his vehicle. Lt. Barrow stated that Officer
Lyons is an experienced dog handler and state certified as a K-9 Officer. He stressed that Officer
Lyon is very good at reading dogs and their demeanor. Officer Lyon reported Sasha seem
unpredictable and agitated at that time. Carlos Delgado, Aurora Soto's son, was the responsible
party for the dog on the day of this incident and describe what he saw happen. Jesse Delgado,
Aurora Soto's son, spoke in support of Sasha indicating he has four children and he has never
seen any problems with his children being around Sasha. Grace Gerken spoke, stating she has
observed Sasha around her children and also other dogs and has never observed any issues with
Sasha. Ms. Soto also stated that she currently lives on three acres so she is not able to install a
fence around the entire property, but that since the incident, she does keep Sasha on a leash.
Chairman Kephart stated the ordinance is designed to ensure responsible ownership and that he
has some concern over the fact that Sasha was able to get out the door that day. Dog owners
must be responsible and able to control their dogs. Committee member Hall stated he has two
dogs that can be very aggressive, especially when they think they are protecting him or their
territory, and he believes it is his responsibility to make sure his dogs are restrained. Assistant
City Administrator Green stated the Committee has ten days to issue an order regarding Ms.
Soto's request to appeal the "Dangerous Dog Declaration". A Committee order will be mailed
to Ms. Soto by that deadline.
Motion by Hall, second by Kephart to adjourn the meeting at 5:32 p.m. All Committee members
present voted Aye. Chairman Kephart declared the hearing adjourned.
Brenda Wheeler, City Clerk
NOTE: Based on the evidence presented at the hearing, the Police Committee rejected the
Dangerous Dog Declaration in its entirety and a letter was mailed to Aurora Soto on September
6, 2013, which also included the following statement: "The Police Committee encourages you to
be a responsible dog owner and take the necessary measures to insure that Sasha is not a
nuisance or a threat to any other citizen or pet within the community. If Sasha should receive a
second Dangerous Dog Declaration, it would be extremely difficult to obtain a second order
rejecting that declaration. "