CESM Minutes 03/15/2013 (Dangerous Dog) Code Enforcement
Special Magistrate
Minutes
March 15 , 2013
March 15, 2013
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 15, 2013
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
ALSO PRESENT:
Jennifer Baker— Code Enforcement Supervisor
Colleen Crawley - Code Enforcement Administrative Secretary
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: March 15,2013 at 9:00 A.M.
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.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
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B. Hearings
1. CASE NO: DAS12795-CEEX20130002769
OWNER: RICHARD MUNOZ
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS&ORDINANCES 14-35, SECTION(A)2
UNPROVOKED;VICTIM WAS CONDUCTING HIMSELF IN A PEACEFUL AND LAWFUL
WAY. HAS BEEN BITTEN OR CHASED IN A MENACING FASHION OR ATTACKED BY
A DOG.
VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES,FL
2. CASE NO: DAS12796-CEEX20130002770
OWNER: RICHARD MUNOZ
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS&ORDINANCES 14-35, SECTION(A)2
UNPROVOKED;VICTIM WAS CONDUCTING HIMSELF IN A PEACEFUL AND LAWFUL
WAY.HAS BEEN BITTEN OR CHASED IN A MENACING FASHION OR ATTACKED BY
A DOG.
VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES, FL
3. CASE NO: CEEX20130003032
OWNER: RICHARD MUNOZ
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14, SECTION 14-35.
DANGEROUS DOG.
VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES,FL
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:
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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: April 5, 2013 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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March 15, 2013
V.B. Hearings/Appeal of Decision of Domestic Animal Services
1. CASE NO: DAS12795-CEEX20130002769
OWNER: RICHARD MUNOZ ("Baby")
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS & ORDINANCES 14-35,
SECTION (A) 2 UNPROVOKED; VICTIM WAS CONDUCTING
HIMSELF IN A PEACEFUL AND LAWFUL WAY. HAS BEEN
BITTEN OR CHASED IN A MENACING FASHION OR ATTACKED
BY A DOG. VIOLATION
ADDRESS: 4143 KATHY AVENUE, NAPLES, FL
Testimony of Owner, Richard Munoz
Testimony of Domestic Animal Services:
1. No fence to keep animals inside the property.
2. Review of fence (Composite Exhibit A, 5 photos).
3. Review of dog pictures.
4. Witness called Richard Caroll, 2100 Gail Boulevard,Naples, FL. Incident of January 8, 2013
Renters in house; walking his own dog, Doberman; Testified attacked 6 times; reported 4 of them;
February 8, 2013 report of incident; 3 dogs attacking.
"Baby" also picked up on December 27, 2012 at the airport; Property posted twice.
Finding of this violation of this citation based on evidence that has been presented to me. The appeals has
been denied;Having found you guilty of these violations. There is a fine of$100 and$7 administrative fee,
and$50 operational costs.
2. CASE NO: DAS12796-CEEX20130002770
OWNER: RICHARD MUNOZ ("Caramel")
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS & ORDINANCES 14-35,
SECTION (A) 2 UNPROVOKED; VICTIM WAS CONDUCTING
HIMSELF IN A PEACEFUL AND LAWFUL WAY. HAS BEEN
BITTEN OR CHASED IN A MENACING FASHION OR ATTACKED
BY A DOG. VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES, FL
Finding of this violation of this citation based on evidence that has been presented to me: The appeals has
been denied;Having found you guilty of these violations. There is a fine of$7.
3. CASE NO: CEEX20130003032
OWNER: RICHARD MUNOZ
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 14, SECTION 14-35. DANGEROUS DOG. VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES, FL
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March 15, 2013
WITNESS CALLED: MICHAEL GALLUCI
A. Incident 12/27/12; walking his dog, saw Caramel, then Baby; Baby latched onto Mr. Gallucci's
dog; Mr. Munoz apologized; retrieved the dogs. Mr. Gallucci took his injured dog to the vet,
after noticing evidence of injuries; took his dog to emergency vet; received bill, delivered to Mr.
Munoz for payment.
B. Admitted as County Composite Exhibit B (Photo of Michael Gallucci's dog's injuries) entered.
C. Description of Exhibit B; puncture wounds, piercing and bruising; Excessive swelling as well.
Discharge instructions from treatment of Mr. Gallucci's dog from Ash Animal Clinic; pain
medication and antibiotic; x-rays taken; Mr. Gallucci's dog recovered within 7-10 days.
Other evidence:
1. Affidavit of Ms. Gamble, no statement and no probable cause.
2. Officer Nancy Rygel further testimony: "Baby" because has attacked, therefore is considered a
dangerous dog. Caramel will chase and stop. Baby is the aggressor.
Witness: OFFICER BONNIE KUBSICK differentiates between the behaviors of"Caramel" and "Baby" as
it pertains to Case No. CEEX20130003032
1. Baby and Caramel: Run after people in aggressive manner.
2. Baby has attacked and caused damage; aggressively gone after people.
BREAK 10 MINUTES—RECESS
Special Magistrate: Affidavits signed by various people; not present and considered off record;
Guidelines discussed by OFFICER BONNIE KUBSICK; Dogs do get out; Distinguish dangerous dog category.
RICHARD MUNOZ TO REBUT - Questions specifics of witness stories; defended behavior of animals;
indicate "Baby"has not bitten any human. Since December 27, 2012 covered holes, going to put electric fence
now. Indicated Mr. Carroll provokes animals; Special Magistrate Garretson questioned official notification of
investigation of Nancy Rygel; (January 7, 2013) and whether Mr. Munoz took action. Whether Mr. Munoz has
observed them getting out. Mr. Munoz indicated that the dogs can out run him and get out; that the dogs were
also without a leash when this happened.
Magistrate questioned somebody that does not know Mr. Munoz dogs; whether his dogs could perceive the
dogs as being menacing and may attack.
Special Magistrate Brenda Garretson affirmed dogs need to stay within the fence; Mr. Munoz was in agreement;
Ordinance of Dangerous Dog: mimics State Statute; Article 2; 2010 section 51, Section 14- 35
Dangerous or vicious dogs means the following: As used in this act, unless the context clearly requires
otherwise:
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March 15, 2013
(a) "Dangerous dog" means any dog that according to the records of the appropriate authority:
(b) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on
Public or private property;
(c) Has more than once severely injured or killed a domestic animal while off the owner's property; or
(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in
a sworn statement by one or more persons and dutifully investigated by the appropriate authority.
(e) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and
lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(f) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring
lacerations requiring sutures or reconstructive surgery.
We do have multiple bites. (D) is the one area that has been confirmed on both sides.
Magistrate: There are multiple bites and section(d) has been confirmed by both sides. I have to deny your
appeals and find that the investigation would glean results that justify the County's decision.
Witness: OFFICER BONNIE KUBSICK to clarify terms for dangerous dogs:
1. "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog is
securely confined indoors or in a securely enclosed and locked 6 X 6 pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such pen
or structure shall have secure sides and a secure top to prevent the dog from escaping over,
under, or through the structure and shall also provide protection from the elements.
2. "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city,
county, or state. In those areas not served by an animal control authority, the sheriff shall carry
out the duties of the animal control authority under this act.
3. There will be a$300 fee and the dog will be registered as a dangerous dog and will be on
registered on a website.
4. Owner will have 14 days to comply and there will be a dangerous dog sign supplied by the
County. Once you have done that contact us. Once he does all that, contact us we will do all the
inspections and give you all the inspections. There will be a$10 fee every day after 14 days.
5. Total costs of the Citations as they are similar is $164.00
(History.—s. 2, ch. 90-180; s. 2, ch. 93-13; s. 1156, ch. 97-102; s. 1, ch. 2011-211.)
6. Finding of the Notice of Hearing on Special Magistrate Brenda Garretson: The Appeal has been
denied under that category; Baby is fitting under A & C; the investigation has gleaned results
that would justify the decision.
NEXT MEETING DATE: April 5, 2013 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 11:15 a.m.
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March 15, 2013
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Mag'. .to Bren• . 'arretson, Special Magistrate
The Minutes were approved by Special Magistrate on Hl ° s presented o as
amended
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