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City Council Regular Meeting Minutes September 9, 2008 Page 3 1 someone on his property. There is also the provocation of the boy running from the dog and 2 kicking him when he fell. The dog did not pursue him out of the yard; he is not vicious. 3 4 Councilmember Stille inquired about the incident that occurred in the neighbor's yard. Mr. 5 Blackey replied the neighbor has a wireless fence and they interconnected the two yards so their 6 dogs can go back and forth freely. 8 Mayor Faust verified that the first individual went away after Mr. Blackey said no to the request 9 for money. He inquired about the status of the dealings with the attorney on the second incident. 10 Mr. Blackey replied there is no evidence and the attorney did not pursue it any further. 11 12 Councilmember Roth asked if Mr. Blackey knows the two people on a personal basis in the cases 13 where there is no evidence. Mr. Blackey responded in the negative. 14 15 Councilmember Roth noted Mr. Blackey submitted a letter written by Ms. Marla Birmingham. 16 He asked if Mr. Blackey has known her for a long time. Mr. Blackey replied he has known her 17 since he moved into the neighborhood. 18 19 Mayor Faust inquired about the peddler license requirements in relation to someone handing out 20 flyers door to door. City Attorney Gilligan replied someone handing out flyers door -to -door is 21 not a peddler and does not need a permit. 22 23 Mayor Faust requested the opinion of the City Attorney regarding trespassing in the third 24 incident in accordance with dangerous dog regulations. City Attorney Gilligan replied the third 25 individual was not trespassing as you can enter onto property to hand out flyers. 26 27 Councilmember Roth questioned if a no trespassing sign would apply to this type of situation. 28 City Attorney Gilligan indicated that the individual handing out flyers would not have been 29 trespassing. 30 31 Councilmember Roth questioned if individuals dropping flyers could leave them anyplace. City 32 Attorney Gilligan replied there could be a littering issue; the flyer could be put on a door handle. 33 34 Mayor Faust invited the public to speak. 35 36 Ms. Maria Merril, 3012 Croft Drive, addressed the Council and stated she and Mr. Blackey share 37 the invisible fence. Guido has been a good dog. He can sound scary, but she has never seen him 38 bite anyone. One of the incidents happened on her property. It was a contractor working on her 39 basement, and that is the one who pursued the attorney. She stated Guido has been retained since 40 they got the invisible fence; he is not running the neighborhood. She has never seen him bite 41 anyone personally. 42 43 Mayor Faust questioned if Guido has free reign between Ms. Merril's and Mr. Blackey's yards. 44 Ms. Merril responded in the affirmative. 45