CESM Minutes 06/20/2011
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June 20, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 20, 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
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ALSO PRESENT:
Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Admin. Secretary
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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 tlte Hearing to order at 9:01 AM All
those testifying at tlte 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 subject to the deletion of Item III.
III. APPROVAL OF MINUTES - June 3, 2011
Deleted
IV. MOTIONS
None
V. PUBLIC HEARINGS
A. Stipulations
None
B. Hearings
1. CASE NO: CEEX20110007731
OWNER: TARA SALTER
OFFICER: OFFICER DANA ALGER
VIOLATIONS: COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND/OR
SUBSECTION 767.11(1), FLORIDA STATUTES. DANGEROUS
DOG.
VIOLATION ADDRESS: 44th ST SW, NAPLES
Tara Salter, the Respondent was present. Her dog "Peaches" has been declared a
"Dangerous Dog" by Domestic Animal Services and she is appealing the determination.
Paul Morris, Collier County Animal Control Officer presented the case and testified to
the following:
. On April 18, 2011 he responded to a complaint of a dog on dog attack
. On 44th St SW Naples, FL.
. He spoke with Mr. Willis, who reported their dog had been injured in the attack
perpetrated by "Peaches" a dog in the neighborhood owned by the Respondent.
. He spoke to the owner, Ms. Salter who resides at 2100 44th St, Naples Florida.
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June 20, 2011
Tara Salter testified:
· Her residence has a fenced in area, however, historically, the dog, Peaches was able to
dig under the fence to escape, or the neighbor's child opened the gate and let the dog
out.
· An "invisible" fence was installed on the property.
· The "invisible" fence was working on the day of the incident
· The dog exited the property through the fence and attacked the neighbor's dog.
· The dog is 6 years old, medium sized, and has not been professionally trained.
· She did not witness the incident.
IAndy Willis, the victim's owner testified:
· He was walking his dog on a leash when Peaches exited the yard through the invisible
fence and attacked his dog.
· His dog weighs approximately 100 pounds and sustained substantial injuries which
required veterinary treatment.
· He, nor his dog did anything to provoke Peaches.
· This is the 15th time Peaches has been involved in an altercation with Mr. Willis's
and/or his dog.
· During a previous incident, Peaches attacked Mr. Willis's dog, however Peaches
collided with a tree and knocked itself unconscious.
Mr. Morris added:
· On June 4, 2011 there was a complaint involving an Florida Power and Light employee
where a citation was issued.
· There are past incidents that date back to 2009 where FPL employees were involved in
altercations with Peaches.
The Special Magistrate DENIED the Respondent's appeal of the County's decision to
deem "Peaches" as "Dangerous Dog."
Mr. Morris outlined the requirements for dogs deemed "Dangerous":
. $300.00 annual registration fee
· No later than fourteen (14) calendar days of final effective date
· If the dog is walked off property it must walked by a responsible adult
. On a leash muzzled
· When housed on the property, the dog must be housed so it cannot escape
· If the dog is running at large, it will automatically be impounded
. A $500.00 fine issued to the owner
. As further outlined in the Animal Control Ordinance
C. Emergency Cases
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
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None
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Fonvard 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
IX. REPORTS
None
X. NEXT MEETING DATE: July 1,2011 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 9:37AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
The Minutes were approved by the Special Magistrate on
as presented / , or as amended
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