2019-06-25Blair Police Committee
Dangerous Dog Hearing
and Potentially Dangerous Dog Hearing
June 25, 2019
5:00 PM
Present: Police Committee — Shepard, Stewart
Staff: Attorney Solomon, Assistant City Administrator Green and Chief Lager
Absent: Hall
Chairman Stewart called the meeting to order at 5:00 p.m.
Motion by Stewart, second by Shepard to approve the minutes from the April 23, 2019
meeting. All members present voted Aye. Chairman Stewart declared the motion carried.
Agenda Item #3 - Chairman Stewart opens a public meeting regarding a request by Joseph
and Charlene McBreen, 1440 Fieldcrest Dr., Blair, to appeal the "Dangerous Dog Declaration" for
Bailey — an Australian Shepard, issued June 11, 2019. Assistant City Administrator Phil Green
stated this is one owner with two (2) cases to be reviewed. This is involving two (2) different
animals. The more severe case will be heard first involving the "Dangerous Dog Declaration" for
Bailey and the "Potentially Dangerous dog Declaration" for Whiskey will be heard last. Green
reviewed the following findings of fact: On 5/28/19, Bailey ran out of the house she resides in,
1440 Fieldcrest Dr, and ran across the street to 1417 Fieldcrest Drive. At which time Bailey had
an altercation with the neighbor and her dog. This altercation ended with the neighbor being bitten
which required medical treatment. This is the reason for the dangerous dog declaration. Bailey
was properly licensed, and staff could prove proper rabies vaccination. Green reminded the
committee in the past on a first offense, especially if a child is involved and appears to be more of
an act of negligence on the child's part by not controlling the animal, the declaration has been
reduced. The applicants Joseph and Charlene McBreen were present along with their children.
Mr. McBreen stated Bailey is an Australian Shepard who is four (4) years old and is fifty-five (55)
pounds. Australian Shepard's by breed are not dangerous dogs and neither is Bailey. The last four
(4) years Bailey has never hurt or harmed a human or another animal. Bailey is a hyperactive, fun
loving dog who loves attention. Mr. McBreen stated the family has a process when answering the
front door and this is to put both dogs in the basement with that door closed before answering the
front door. Mr. McBreen's son had a friend over and his fiend was about to leave. His son took
both dogs to the basement, after this was done, he let his friend out the front door, then let both
dogs back upstairs and his son proceeded to the couch. At this time both dogs ran out the front
door, due to it not being latched correctly. Mr. McBreen stated both dogs ran across the street
where a black lab and a German shepherd were. Mr. McBreen made the board aware the dogs
across the street, most generally, are in their yard without leashes. At the time the dogs met each
other, Joe's son told him they started smelling one another and then began getting aggressive with
one another. During this time the neighbor, Ashley Hall, tried to break up the dogs, kicking one
of the dogs. Mr. McBreen's son along with his friend retrieved Bailey and Whiskey and took them
back to their residence. Mr. McBreen believes Bailey was provoked by the neighbor when she
kicked him which resulted in her getting bitten. Mr. McBreen noted at this time there is no way
to determine which animal bit Ashley. Bailey has a microchip, carry's liability insurance and a
fenced in back yard with locked gates due to having a swimming pool. Member Shepard noticed
the individual who was bit was not in the audience. Shepard also noted it doesn't seem wise to get
in the middle of a dog fight being the likelihood of getting bitten is higher. Member Stewart
commented he understands everybody's dog is good with family and children do make mistakes.
Stewart questioned the fact the neighbor's dogs weren't on leashes but were in their own yard,
does this mean they are at large. Green stated if they are in their own yard, they are not at large.
Stewart asked the City Attorney Solomon if there would be retribution to the city if the dangerous
dog declaration was downgraded to potentially dangerous. City Attorney Solomon stated her legal
opinion is a dangerous dog is automatically a potentially dangerous dog. By downgrading it is
already included. Motion by Stewart, second by Shepard to approve the downgrade of dangerous
dog declaration to potentially dangerous dog declaration for Bailey. All members present voted
Aye. Chairman Stewart declared the motion carried.
Agenda Item #4 - Chairman Stewart opens a public meeting regarding a request by Joseph
and Charlene McBreen, 1440 Fieldcrest Dr., Blair, to appeal the "Potentially Dangerous Dog
Declaration" for Whiskey— an Australian Shepard, issued June 11, 2019. Green reviewed the
findings of to be the same findings as with Bailey, only Whiskey was not involved as far as the
bite but was out of the house and out of the yard. Mr. McBreen stated Whiskey is six (6) years
old, sixty (60) pounds and has never been involved in an incident with a human or an animal. Mr.
McBreen is asking the potentially dangerous dog declaration be removed. Whiskey has a
microchip and is current on all vaccinations. Assistant City Administrator Green wanted to make
the McBreen's aware from a process standpoint in the event either dog were to be seen again before
the committee, since there is the potentially dangerous dog declaration, this potentially could open
them up to being declared a "Reckless Owner". This declaration states you would be restricted
from any animals' ownership for up to four years. Motion by Shepard, second by Stewart to
rescind the potentially dangerous dog declaration for Whiskey. All members present voted Aye.
Chairman Stewart declared the motion carried.
Motion by Shepard, second by Stewart to rescind the potentially dangerous dog declaration
for Whiskey. Motion by Shepard, second by Stewart to adjourn the meeting at 5:35 p.m.
Shelly Jones, ecre