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CESM Minutes 02/17/2012February 17, 2012 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRA D � II Naples, Florida, February 17, 2012a �'r BY...............,........ LET IT BE REMEMBERED 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 Fiala Hiller Henning Coyle ✓ Coletta ALSO PRESENT: Kerry Adams, Code Enforcement Administrative Secretary Colleen Crawley, Code Enforcement Administrative Secretary Misc. Cones: D*: 5'12, 2 I 2 Item #t: I Ls V4 Copies to: HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: February 17, 2012 at 9:00 AM. 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 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. 1. CALL TO ORDER — Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations H. APPROVAL OF AGENDA III. APPROVAL OF MINUTES IV. MOTIONS V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: CEEX20120001854 OWNER: IOANNIS BARDIS OFFICER: OFFICER ANIER MARRERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35. DANGEROUS DOG. VIOLATION ADDRESS: STANHOPE 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: March 2, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida XI. ADJOURN February 17, 2012 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 hearing was called to order at 9:04a.m. A. Hearing rules and regulations The Special Magistrate reported the hearing was being held because Ioannis Bardis has appealed County Staffs decision to deem his dog a "dangerous dog. " H. 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: CEEX20120001854 OWNER: IOANNIS BARDIS OFFICER: OFFICER ANIER MARRERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35. DANGEROUS DOG. VIOLATION ADDRESS: STANHOPE CIRCLE, NAPLES All those testifying did so under oath. Mr. Bardis testified: • He was walking his dog, an 11 month old white and red Akita, weighing approximately 60 lbs. when he lost control of the dog. • After losing control of the dog, in some manner, the dog was able to shed the leash and ran off, out of his sight. • When he arrived at the scene of the incident, he gained control of his dog and was informed his dog had bitten Ms. Lacy's dog, a toy poodle. • His dog appears to have an" issue" with Ms. Lacy's dog, possibly due to an incident in August of 2011, when he was a puppy and was nipped on the leg by Ms. Lacy's dog. • Additionally, whenever he walks his dog in the vicinity of Ms. Lacy's premise, her dogs constantly bark and yelp at his dog. • He filed a report with Domestic Animal Services which included testimonials on his dog's behavior. However, he was notified the report was not relevant to the case for the County's consideration that the dog should be deemed a "Dangerous Dog." February 17, 2012 Domestic Animal Services Officer Anier Marrero presented the case for the County: Evidence Entered: Composite Exhibit A: 7 photos taken by Ms. Lacy's vet, January 5, 2012. Donna Lacy testified: • On January 5, 2012, she was walking 2 dogs outside the line of sight of Mr. Bardis's dog, when his dog came around a corner and unprovoked, attacked her toy poodle. • Tom Shadley, a neighbor was walking his dog across the street, witnessed the incident and immediately arrived on the scene to diffuse the attack. • Her dog sustained serious injuries in two areas; on the neck and left side of the body. • The injuries required treatment by a veterinarian including wound cleaning, sutures and placement of a "drain." • In her opinion, if Mr. Shadley had not subdued the attack, Mr. Bardis's dog would have killed Ms. Lacy's dog. In response to Mr. Bardis questions, Ms. Lacy stated her dogs do bark in her yard at times, but are controlled by a leash while outdoors on her property. Mr. Shadley testified: • When the incident occurred, he was walking his dogs across the street from Ms. Lacy. • He immediately proceeded to the scene to assist Ms. Lacy. • In order to stop the attack, he had to physically kick Mr. Bardis's dog, upon which time the dog released the poodle from his mouth. • After releasing the poodle, Mr. Bardis's dog attempted to re- attack, however the parties prevented any further altercations. • Mr. Bardis arrived on the scene and was able to gain control of his dog. In response to Mr. Bardis's questions, Mr. Shadley stated, at the time of the incident Mr. Bardis's dog ran by his dogs and crossed the street to the scene of the attack, without bothering his dogs. Mr. Bardis's dog has never been aggressive nor shown any ill nature toward his dogs. Dana Alger, Domestic Animal Services Supervisor stated: • The report Mr. Bardis filed was not relevant to the determination. Determinations are based on evidence ascertained in individual incidents(s), not past history of an animal's daily behavior. • The determination was based on two valid affidavits and the severity of the injuries sustained by the animal during the attack. Mr. Bardis concluded, in his opinion the incident is an isolated incident. His dog has an "issue" with Ms. Lacy's poodle due to a previous incident(s). The dog is not a danger to the public or other dogs and should not be deemed a "dangerous dog ". Based on evidence presented and the Ordinance, the Special Magistrate DENIED Mr. Bardis Is appeal C. Emergency Cases None VI. NEW BUSINESS February 17, 2012 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: None 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 IX. REPORTS None X. NEXT MEETING DATE: March 2, 2012 at 9:00 A.M. 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 9:53 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING enda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented ✓ , or as amended 4