CESM Minutes 04/19/2013 (Dangerous Dog) Code Enforcement
Special Magistrate
Minutes
April 19 , 2013
.d
MINUTES OF THE HEARING OF7
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 19, 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
Kerry Adams — Code Enforcement Administrative Secretary
i
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: April l9, 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- March 15, 2013
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: CEEX20130004651
OWNER: STEVEN ANDERSON AND WANDA ANDERSON
OFFICER: JAMES PANTOJA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION
ADDRESS: 1201 9TH AVENUE N, NAPLES, FL
2. CASE NO: CEEX20130004883
OWNER: JUSTIN FORE
OFFICER: KURT ZEITLER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION
ADDRESS: 27608 TH STREET NW, 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:
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: May 3, 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
PA
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 9:00 A.M.
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.
I1. APPROVAL OF AGENDA
The Special Magistrate approved the Agenda
III. APPROVAL OF MINUTES —March 15, 2013
The Minutes of the March 15, 2013 Special Magistrate Hearing were reviewed by the Special
Magistrate and approved as submitted.
IV. PUBLIC HEARINGS
A. Stipulations
None
B. Hearings
1. CASE NO: CEEX20130004651
OWNER: STEVEN ANDERSON AND WANDA ANDERSON ( "Sophie ")
OFFICER: OFFICER JAMES PANTOJA
VIOLATION: COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 14,
SECTION 14 -35. DANGEROUS DOG.
VIOLATION
ADDRESS: 1201 9TH Avenue N., Naples
The report provided by Domestic Animal Services was acknowledged.
Evidence Entered: Respondent's Exhibit "A" (letter and vet report)
Owner Wanda Anderson testified to the following:
• Sophie is a 7 -year old, 83 pound female Rhodesian Ridgeback.
• Sophie broke her collar and got loose after being startled by couple walking their dog.
• Sophie encountered the other dog and the dogs began to fight.
• Wanda Anderson had neighbor get a leash while she had dog in a bear hug.
Owner Steven Anderson testified to the following:
• Sophie has been attacked before and as a result, may be skittish.
He objects to Sophie being deemed a "dangerous dog ".
James Pantoja, Animal Control Officer outlined the case noting the following:
• On January 3, 2013 the Anderson's dog Sophie, attacked Susan Dunn's dog Indigo.
• Indigo is a 52 pound poodle.
• Reviewed definition of "severe injury "; any physical injury that results in broken bones, multiple
bites, disfiguring lacerations requiring sutures or reconstructive surgery.
Evidence Entered: Respondent's Exhibit `B" (photos)
Susan Dunn testified to the following:
• Sophie had attacked Indigo and the dog was injured.
• The vet examined Indigo
• The dog was traumatized, had aged and neurologically, did not bounce back.
• Puncture wounds face /cheek, groin area and hind leg.
• Dog chewed through the leash.
• Wants to be compensated for vet bill
Evidence Entered: County's Exhibit "1" (photos 1 -5)
The Special Magistrate questioned the photos, clarity of the facts and the vet reports.
Owner Steven Anderson questioned the vet bills and the descriptions.
The Special Magistrate determined what occurred met the definition of dangerous, as set by the Collier County
Board of County Commissioners and the determination by Domestic Animal Services but indicated she cannot
make the owner's pay the vet bill.
Upon hearing all testimony and determining there was a violation based on the evidence presented, the
Special Magistrate DENIED the respondent's appeal of the County's decision to deem "Sophie" a
"Dangerous Dog."
2. CASE NO:
CEEX20130004883
OWNER:
JUSTIN FORE ( "Debo ")
OFFICER:
KURT ZEITLER
VIOLATION:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 14, SECTION 14 -35.
VIOLATION
ADDRESS:
27608 TH Street NW, Naples, FL
The Special Magistrate swore in the dog's owner, Justin Fore, and reviewed criteria established in the
Dangerous Dog Ordinance. The victim in the attack, "Max" was acknowledged.
Owner Justin Fore testified to the following:
• Feels his dog was provoked
• Prior tail injury
• Dog had been hit with shoe
• Has a video of his dog and another child/dog playing together and requests the
Special Magistrate reviews the video during hearing
The Special Magistrate granted the owner's request.
Domestic Animal Services Animal Control Officer Bonnie Kubicsek was agreeable.
A video was played showing Mr. Fore's dog, "Debo" interacting with children and other dogs
with no signs of showing aggressive behavior.
The Special Magistrate had questions regarding clarity of the video.
Mr. Fore explained that he has had Debo since the dog was 3 weeks old.
Debo is now 4 -years and 3- months old.
Bonnie Kubicsek, Animal Control Officer outlined the case noting:
• The February 13, 2013 evening the incident took place
• Child was in ambulance; no pictures were taken due to the severe injuries
• Relying on affidavits regarding severity of injury
Witness Dania Strom testified:
Confirmed 2 -year old Max is her son
Testified as to incident, stitches and surgery;
Reconstructive surgery because of dog bite
Witness, minor Austin Strom also testified
Officer Bonnie Kubicsek Domestic Animal Services presented County's Composite Exhibit 1;
pictures taken before the incident, while Max was in the hospital and after the incident were admitted.
The Special Magistrate had questions regarding the photos, the child's position, wounds and
witnesses to the incident.
Finding there was a violation based on the evidence presented, the Special Magistrate DENIED
the respondent's appeal of the County's decision to deem "Debo" a "Dangerous Dog."
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:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in the
Submitted Executive Summary.
None
4
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: May 17, 2013 at 9:00 A.M. at Collier County Government Center,
3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida.
XI. ADJOURN
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.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
da Garretson, Special Magistrate
The Minutes were approved by Special Magistrate on <w V\q �t as
amended