11-22-2010 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES November 22, 2010 APPROVED 91 assessment on the dog in question, Brody. She sees that the dog has confinement anxiety(natural for 92 his current kennel impoundment) but other than that he is a very normal dog. She showed the council 93 a muzzle that Brody would have to wear anytime outside of the home. She did not see aggression in 94 the dog but did see protective behavior. She is committed to working with Brody's owner to deal 95 with that behavior and to bring him to a point where the city council could be satisfied that he is not a 96 risk to the city. She mentioned that while she was visiting Brody at the shelter, she was approached 97 by a worker there who wanted to write a letter for the dog but was not allowed by position. She has in 98 the past recommended that some dogs be euthanized but she doesn't think that is necessary in this 99 case. With this dog, she would work with all the members of the family so they can learn to have 100 control of the dog; under those circumstances, she recommends that the dog be allowed to stay. She 101 is staking her fifteen years of experience in the field on her findings that this dog is not aggressive. 102 103 The council discussed the situation. The dog has bitten three times in the last six months. Most of 104 what the Sawhs are offering to do now is what they were supposed to do after the second bite but they 105 didn't do it. This is an unfortunate and sad situation. 106 . 107 Jeff Spinner, acquaintance of the Sawhs, told the council that it appears that the Sawhs didn't take the 108 situation as seriously as they are now. He sees there is an expert involved and he encourages the 109 council to listen to that expert. 110 111 Andra Sawh added that the third person bitten, a furniture delivery person, was told not to go to the 112 lower level; he entered that area without permission. ' 13 ---1 14 The council was told by the police department that city ordinance now calls for the dog to be 115 humanely destroyed. Whether or not the dog can still be removed from the city is not clear. 116 117 The city attorney recommended that the council adopt the following findings as part of their action. 118 119 Documents identified on the record: November 10, 2010 letter from the Chief to Mitchell Sawh and 120 November 10, 2010 letter to Mitchell Sawh from City Clerk Julie Bartell, both concerning the due 121 process rights of the dog owner; an ICR from the police (case #10258649); photographs of the 122 victim's hand; other documents submitted at prior appeal processes. Based on the documents and the 123 testimony given tonight, possible finding are: 124 125 Following a public hearing on November 8, 2010 at the owners' request,the council confirmed the 126 police department's finding that the dog, Brody, is deemed to be dangerous as that term is defined by 127 city ordinance and state law. The following day, an individual, Chris Hanson, was invited into the 128 Sawh's home for the purpose of delivering furniture. Hanson proceeded down the stairs at the home 129 to view the basement. Hanson was bitten on the left hand by the dog, Brody. There is no evidence 130 of provocation by Mr. Hanson prior to the bite, nor is there any indication that Mr. Hanson was 131 informed that the dog was in the basement or that the dog had been deemed dangerous by the city. 132 Following the bite, Mrs. Sawh gained control of the dog and secured it. The bite on November 9, 133 2010 constitutes a violation of city ordinance 503.15 and constitutes a subsequent offense under 134 503.16, paragraph 4. The aforementioned letters dated November 10, 2010 were sent to the dog 35 owners pursuant to the city ordinance. He asked if the council wished to act upon the findings? 3