2016-11-03Blair Police Committee
Reckless Owner Hearing
November 3, 2016
Present: Police Committee — Marty Shepard, Kevin Hall and Jon Stewart
Staff — Chief Lager, Assistant City Administrator Green and City Attorney
Tripp
Due to the recent 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 Stewart as Chairman. All Council members present voted
Aye. Chairman Stewart declared the motion carried. Motion by Hall, second by Shepard to
approve the minutes of the June 16, 2014 meeting as presented. All Council members present
voting Aye. Chairman Stewart declared the motion carried. Chairman Stewart called the hearing
to order at 5:18 p.m. of the Blair Police Committee to consider an appeal process as requested by
Curtis Cole, 1538 Grant St, Blair, Nebraska 68008 regarding the "Reckless Owner Declaration"
for his dog "Miah" on November 3, 2016.
Assistant City Administrator Green reporting for Staff presenting a finding of facts from the
Blair Police Department reports and the process taken by Staff to notify Curtis Cole of the
requirements enforced by the Reckless Owner Ordinance. Green stated on August 8, 2016,
Miah, a Rottweiler breed, owned by Curtis Cole, who currently resides at 1538 Grant Street, got
out of the fenced back yard and aggressively harassed and scared two citizens in the parking lot
at Blair City Hall. Blair's Animal Control Officer, Brett Gunderson, was called, who helped
control Miah until a relative of the owner arrived and placed Miah back inside. Then on August
18, 2016, Curtis Cole, the owner of Miah, was issued a citation for a Dog at Large. On the same
date City Hall staff received a recommendation from Chief of Police Joe Lager that Miah should
be declared a Potentially Dangerous Dog. On August 25, 2016, City Hall staff issued a Notice of
Potential Dangerous Dog Declaration, effective September 6, 2016, to Curtis Cole at 1538 Grant
Street. The letter was hand delivered by Animal Control Officer Brett Gunderson. The Notice
required: 1) Immediately: restrained as per Section 6-131, 2) Within 30 days: Spaying or
neutering and microchipped as per Section 6-129, 3) Within 30 days: Provide proof of $100,000
liability insurance as per Section 6-132 and 4) Within 90 days: Attend a responsible pet
ownership class approved by the City as per Section 6-130. The Notice also included the
procedure to appeal the Potentially Dangerous Dog Designation (deadline was 9/6/2016) and the
Notice also included a warning that non-compliance of any requirement would result in the
owner being declared a Reckless Owner and would result in the revocation of all animal licenses.
On October 11, 2016, City Hall staff issued a Notice of Reckless Owner Declaration, effective
October 21, 2016, to Curtis Cole at 1538 Grant Street. The letter was hand delivered and signed
by Kaeli Cole, the wife of Curtis Cole. The Notice included the procedure to appeal the Reckless
Owner Designation. If declared a Reckless Owner, all animal licenses issued to Curtis Cole shall
be revoked. Such animals still in his possession must be surrendered to any City law enforcement
officer or animal control officer within twenty-four hours following the effective date of the
declaration. Reckless Owners are also prohibited from licensing, residing with, or owning any
additional animal(s) for forty-eight (48) months from the effective date of the declaration.
Curtis Cole, 1538 Grant St, stated he will not be able to comply with the spaying or classes until
Miah has weened her puppies, which will not be until after December 14, 2016 and all puppies
are spoken for at this time. Mr. Cole has supplied the city with the added insurance. He has had
Miah microchipped but has not supplied city hall with this information yet. Mr. Cole stated they
are actively looking for housing outside of Blair. Mr. Cole stated he will be getting a permit to
put up a privacy fence and will be kenneling Miah during the day when no one is at home. He
also stated he misunderstood the appeals process, he thought when he went to court this would
clear up the appeal process. Mr. Cole stated at the time he went to court he had thirty to forty
letters from coworkers, family members and business owners speaking of praise on behalf of
Miah. At that time he realized the citation was incorrect and the clerk had to call City Attorney
Tripp's office to get clarification. Mr. Cole was understanding the "reckless owner" would be
cleared up at the time he went to court. Assistant City Administrator Green stated Mr. Cole had
been issued the citation for "dog running at large" and what Mr. Cole is trying to say, if he
understands correctly, felt like the "reckless owner" was related to the citation and therefore
would get resolved thru the court and not thru this appeal process. City Attorney Tripp clarified
what the possible mix up was ticket had 6-108 with a slash "dangerous dog". When he appeared
in court they let him sign a document stating "not guilty" and then set for trial. Tripp did not
converse with Mr. Cole on that date and if they had any misunderstandings would have been
cleared up. There were no other comments from the floor or in writing. Motion by Hall, second
by Shepard to amend the "Reckless Owner declaration" if the applicant enrolls in a responsible
pet ownership class with the Nebraska Humane Society, microchip and spayed Miah by
December 31, 2016. All Committee members present voted Aye. Chairman Stewart declared
the motion carried.
Motion by Hall, second by Shepard to adjourn the meeting at 5:45 p.m. All Council members
present voted Aye. Chairman Stewart declared the hearing adjourned.
Brenda Wheeler, City Clerk