CESM Minutes 09/21/2011 (Dangerous Dog) 161 2 A b Or A
September 21, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 21, 2011
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 2:00 PM 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
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RECEIVED
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ALSO PRESENT:
Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrator Secretary
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: September 21, 2011 at 2:00 PM.
LOCATION: 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. APPROV AL OF MINUTES
IV. MOTIONS
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CEEX20110012494
JULIE KOVACS
OFFICER BONNIE KUBICSEK
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 14, SECTION 14-35.
DANGEROUS DOG.
VIOLA T10N
ADDRESS:
1385 MARIPOSA CIRCLE, NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: October 7, 2011 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
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'" Se tember 21, 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 VERBATIM 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 2:05 PM. 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: CEEX20110012494
OWNER: JULIE KOVACS
OFFICER: OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14, SECTION
14-35. DANGEROUS DOG.
VIOLATION ADDRESS: 1385 MARIPOSA CIRCLE,NAPLES
The case is an appeal of County Staff's determination Ms. Kovac's dog"Trixy" is a
"Dangerous Dog."
Ms. Kovacs testified:
• The dog in question is a Bassett Hound.
• She was walking her two dogs on leashes as two boys were riding bicycles down the
road.
• The dog in question is afraid of bicycles and veered to the left, as this happened she
dropped her leash.
• One of the boys jumped off his bike in an attempt to help her retrieve the leash.
• She told him "no, stop" concerned the boy would get bitten as he did not know the dog.
• As the boy attempted to restrain the dog, in his effort to assist her, he was bitten.
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September 21, 2011
• The boy startled the dog and acted in self defense.
Officer Kubicsek testified:
• There are 4 bite incidents involving the dog in question since 2008, this is the second
one this year.
• Dylan Rostin and Brandon D'Antuono filed affidavits on the most recent incident.
• The victim was bitten twice, once as the boy was retreating from the initial engagement
with the dog.
• Based on a review of the evidence, the dog was deemed a"Dangerous Dog."
The Special Magistrate noted during an appeal hearing in February of 2011,the determination
was found in favor of Ms. Kovac's, however discussion occurred on her responsibility to ensure
bite incidents do not continue to occur.
The Special Magistrate DENIED the Respondent's appeal of County Staff's determination
Trixy be deemed a "Dangerous Dog."
Officer Kubicsek outlined the requirements for a"Dangerous Dog" (a $300.00 annual
registration fee, placement of appropriate signage on the dog's place of residence, the dog must
be walked with a muzzle, etc.)
C. Emergency Cases
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
None
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
The Special Magistrate GRANTED the County's request to Rescind Order No.
CEPM-2011-0009173 (Robert E. and Serita D. Brown).
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
None
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in Submitted Executive Summary.
None
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September 21, 2011
IX. REPORTS
None
X. NEXT MEETING DATE: October 7, 2011 at 9:00 A.M. located at the Collier County
Government Center, 3299 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 2:28 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
B a Garretson, pedal Magistrate
The Minutes were appro d by the Special Magistrate on AJ erv�et- t `�'o t l
as presented , or as amended
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