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2019-04-23Blair Police Committee Potentially Dangerous Dog Hearing April 23, 2019 5:15 PM Present: Police Committee — Hall, Shepard, Stewart Staff: Attorney Solomon, Assistant City Administrator Green and Chief Lager Absent: None Chairman Stewart called the meeting to order at 5:18 p.m. Motion by Hall, second by Shepard to approve the minutes from the September 5, 2017 meeting. All members present voted Aye. Chairman Stewart declared the motion carried. Chairman Stewart opens a public meeting regarding a request by Travis and Kathy Furchert, 828 Meadow Dr., Blair, to appeal the "Potentially Dangerous Dog Declaration" for Zeus — a Doberman Pinscher, issued April 11, 2019. Assistant City Administrator Phil Green reviewed the following findings of fact: On 2/3/2019, Erin Warrick was walking with her two sons in the area of 900 Meadow Drive. She was approached by an 11 -year-old boy, the Furchert's son, walking Zeus, who was properly on a leash. The woman and her sons moved off the sidewalk to let the boy and the dog pass. As Zeus passed by, he jumped at the woman and bit her elbow, causing red marks but not breaking the skin. When she returned home, she called the Police Department. When police investigated and arrived at the home of the owner, the father, Travis, had already heard from the son regarding the incident. On 2/3/2019, Zeus was placed under house quarantine. When checked by the family's veterinarian 11 days later, Zeus showed no signs of rabies. Zeus was properly licensed, and staff could prove proper rabies vaccination. On 4/1/2019, in accordance with the Blair Municipal Code, Zeus was declared a Potentially Dangerous Dog, and the Furchert's were informed that they could formally request this hearing to appeal the declaration. Green stated the Police Committee has full authority to uphold or rescind this declaration. The quarantine is standard for dogs under possible potentially dangerous dog declaration. Animals are declared potentially dangerous simply because the incident occurred. Any incident that shows the dog is out of control, this declaration can be declared. The owner must comply or appeal the declaration. In the past, it has not been uncommon for the Police Committed to rescind the first incident and let it serve as a warning that should another incident occur, there would be no leniency in the future. The applicants Travis and Kathy Furchert were present along with their children. They introduced Zeus to the Committee. Mr. Furchert stated this not typical behavior for Zeus. He is a big baby, goes everywhere with the family and they have never seen him aggressive. He initially had some anxiety issues whenever they left him alone, but it only lasted a short time. His children have walked Zeus numerous times before with no issues. Zeus is currently microchipped, and they have the insurance coverage needed. The main reason they are appealing this decision is because they do not want to muzzle him every time they take him out of the home. He did note the dog is protective of his family. Member Stewart expressed concerns about Mr. Furchert's children walking a 96 lb dog alone. Mr. Furchert stated his children are no longer allowed to walk the dog on their own. Staff noted they had not heard from the victim in this incident, but it is not customary for the city to send out a report or even notify victims regarding appeals, other than public notice in the newspaper. Member Stewart stated he was not opposed to issuing a warning this time but questioned if the City keeps track should it happen a second time. Green stated city staff is good at knowing which animals have had incidents. Member Hall stated this event probably was an accident and is willing to rescind the declaration but like Member Stewart, if there is another incident with this dog, harsher action will be taken. Motion by Hall, second by Shepard to rescind the potentially dangerous dog declaration for Zeus. Motion by Shepard, second by Hall to adjourn the meeting at 5:37 p.m. Brenda Wheeler, City Clerk