CESM Minutes 02/07/2011 (Dangerous Dog)
February 7, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 7, 2011
LET IT BE REMEMBERED that the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT:
Jennifer Baker, Code Enforcement Supervisor
Colleen Davidson, Administrative Secretary
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: February 7, 2011 at 9:00 A.M.
LOCA TION: Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
IV. MOTIONS
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
CEEX2011 0001 028
TRISH AND TOM LECOMTE
OFFICER DARCY ANDRADE
COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND/OR SUBSECTION
767.11(1), FLORIDA STATUTES. DANGEROUS DOG.
VIOLA TI0N
ADDRESS:
1190 RESERVE WAY, NAPLES
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
CEEX20110001029
KA THLEEN LAWLER
OFFICER LARRY KENNER
COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND/OR SUBSECTION
767.11(1), FLORIDA STATUTES. DANGEROUS DOG.
VIOLA TION
ADDRESS:
15 SALINAS DR, NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: March 4, 2011 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
2
February 7, 2011
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL
MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE
RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:06 AM All
those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing.
II. APPROVAL OF AGENDA
The Special Magistrate approved the Agenda.
III. APPROVAL OF MINUTES
None
IV. MOTIONS
None
V. PUBLIC HEARINGS
A. Stipulations
None
B. Hearings
1. CASE NO: CEEX20110001028
OWNER: TRISH AND TOM LECOMTE
OFFICER: OFFICER DARCY ANDRADE
VIOLATIONS: COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND/OR
SUBSECTION 767.11(1), FLORIDA STATUTES. DANGEROUS
DOG.
VIOLATION ADDRESS: 1190 RESERVE WAY, NAPLES
Withdrawn
2. CASE NO: CEEX20110001029
OWNER: KATHLEEN LAWLER
OFFICER: OFFICER LARRY KENNER
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February 7, 2011
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VIOLATIONS: COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND/OR
SUBSECTION 767.11(1), FLORIDA STATUTES. DANGEROUS
DOG.
VIOLATION ADDRESS: 15 SALINAS DR, NAPLES
The Special Magistrate noted Ms. Lawler is the owner of a dog that has been declared a
"Dangerous Dog" by Domestic Animal Services and is appearing today to appeal the
declaration.
Larry Kenner, Animal Control Officer and Dana Alger, Domestic Animal Services
outlined the case highlighting the following:
· On October 14,2010, Domestic Animal Services received a complaint regarding an
attack on a dog (the victim) by another dog (the perpetrator).
· He responded to the above address and received 3 affidavits from individuals verifying
the incident and upon approval of Supervisor, the dog was declared a "Dangerous
Dog. "
Kathleen Lawler, Owner noted the following:
· The victim was constantly off leash, on the property where she resides in an RV,
barking and scratching at the door.
· On the day of the incident, the alleged perpetrator escaped the confines of the residence
when a visitor opened the door.
· The perpetrator then attacked the victim.
· The perpetrator is a territorial dog and she constantly requested that the victim's owner
to supervise their dog, including keeping him on a leash.
· To avoid future problems, she now confines the perpetrator in the RV.
· Her husband travels for work and is employed in the construction of bridges.
· She is concerned if the dog is declared "Dangerous" they will not be able to reside in
other locations. She has been informed by Domestic Animal Services, if she leaves the
State of Florida, they will notify that jurisdiction on the dog's declaration.
Larry Kenner and Dana Alger reported subsequent to the incident, they received
information on January 20, 2011, that the perpetrator killed another dog in the neighborhood.
Mario Urrutia, 6 Salinas Dr., Naples, FL testified to the following:
· On January 15, 2011 he was in his home when his children reported their dog
(Thomas) had been attacked by two dogs.
· When he secured Thomas, it was clear he was severly injured.
· He succumbed to the injuries later that night.
· Shortly after the indicent, Ms. Lawler came down to his property and acknowleged her
dog attacked their dog and apologized for the incident.
Tawnya Rams, 17 Salinas Dr., Naples, FL testified to the following:
· On October 14, 2010 the perpetrator escaped the confines of the residence and attacked
her dog in her driveway.
· The dog sustained severe injuries due to the attack.
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February" 7, 2011
• Her dog was on the property she resides on at the time of the incident.
• Her dog does go onto Ms. Lawler's property (barks and scratches at the door) as Ms.
Lawler's son feeds her dog without her permission.
• She is concerned for the neighborhood as there was another incident when the
perpetrator and other dogs entered the property where she resides, chasing small
children who barely made it back into the residence before the dogs crashed into the
door of the home.
Upon hearing all testimony the Special Magistrate determined there has not been sufficient
evidence to overturn Domestic Animal Services Staffs for declaring Ms. Lawler's dog a
"Dangerous Dog." The appeal is hereby denied
A. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
None
VII. OLD BUSINESS
None
VIII. CONSENT AGENDA
None
IX. REPORTS
None
X. NEXT MEETING DATE: March 4, 2011 at 9:00 A.M. located at the Collier County Government
Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 9:47 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Br arretson, Spe al Magistrate
The Minutes were approved y the Special Magistrate on 1KVC4 -'
as presented , or as amended
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