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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. "