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01-09-96('~ CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., JANQARY 9, 1996 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of November 19, 1995. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. ~ Old $usinesg~ Code Enforcement Officer will report on the following case: Case No. 0039 - Cynthia Watson Sutton - owner of property located at 702 Cavalla Road, was in violation of Section 12-1-3, weeds ~ growing against rear of building and east side and along fence; tires, electrical, and timbers stored on east side of property. (The Board at its meeting of November 19, 1995 gave Dis. Sutton until Friday, November 17, 1995 to bring the property into compliance). 4. New Business: Case No. 0097 - Billy M. Arzie - owner cf property located at 7',0 East Coast Drive, in violation of Florida State Statute 767 and Section 4.28 of the Code - vicious dogs. Mr. Arzie's dog, "JR", is being declared dangerous due to his unprovoked behavior to persons and other animals when off the property of 770 East Coast Drive. Case No. 0098 -John L. Green - owner of property located at 525 Atlantic Boulevard, in violation of Section 12-1-(7) - outside storage of miscellaneous building material; refrigeration units, stoves, and other restaurant equipment in the rear of the property. Case No. 0099 - Hung H. Vo - owner of property located at 457 Mako Drives, in violation of S2ctior, 4-7 (a) and 12-1-5 - keeping and housing of ducks or chickens (poultry); and NATIONAL ELECTRICAL CODE 230-24{A)(3) JEA F.ules and Regulations Fig 3.03 - the ~ electrical service to 457 Mako Drive is resting on the roof. This is an extreme hazard and must be corrected by a licensed electrical contractor. (~ Page 2, January 9, 1995 Code Enforcement Board Meeting Case No. 0100 - Willie E. Davis - owner of property located at 60 Dudley Street - in violation of Sections 22-79, 22-90, and 22-71 - connection to public sewer required within ninety (90) days, i.e., the septic tan Y, and system has failed; depositing of human excrement on public or private property; and Chapter lOD - 6.092 ~ F1. Dept. Of Health. Case No. 0101 - Laurette Ibarreche - owner of property located at 297 Pine Street - in violation of Sections 12-1-7 and 12-1-3 - grass and vegetation over 12 inches; outside storage of miscellaneous items. 5. Request for Lien Action: None 6. Board Members comments: 7. Adjournment -1 ~ CITY OF ATLANTIC BEACH CODE ENFORCEI<f ENT BOARD !<f INUTES JANUARY 9, 1996 Call to order: PRESENT: Edward Martin, Chairman }feywood Dowling, Jr. Kathleen Russell Ken Rogosheske Theo K. Mitchelson Richard S. Mann Lou Etta Waters AND: Suzanne Green Prosecuting Attorney Alan Jensen, Legal Counsel Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary ],_ Approval of Minutes of November 14. 1995 A motion was made, seconded, and passed to approve the minutes of November 14,1995. ~_ 2. RecoPnition of Visitors and Guests reYardinE anv matters that are not listed on agenda. f No one wished to speak. 3. Old Business. Case No. 0039 -Cynthia Watson Sutton - owner oC property located at 702 Cavalla Road, was in violation of Section 12-1-3, weeds growing against rear of building and east side and along fence; tins, electrical, and timbers stored on east side of property. (The Board at its meeting of November 14,1995 gave 11is. Sutton until Friday, November 17,1995 to bring the property into compliance). Karl Grunewald, Code Enforcement Inspector, reported the property had been brought into compliance. The Board accepted Mr. Grunewald's report. 4. New Business• Mr. Martin asked that Case No. 0099, }lung H. Vo, owner of property located at 457 Mako Drive, be removed from the agenda. Mr. Grunewald reported the property had been brought into compliance and it was his desire to remove the case from the agenda. Case No. 0097 -Billy )<i. Arzie - owner of property located at 770 East Coast Drive, in violation of E7orida State Statute 767 and Section 4.28 of the Code -vicious dogs. I11r. Anie's's dog, "JR", is being declared dangerous due to his unprovoked behavior to persons and other animals when off the property of 770 East Coast Drive. Minutes, Page 2 Code Enforcement Board January 9, 1996 Mr. Martin read the case hearing procedure for Case No. 0097 and all witnesses were sworn in. Suzanne Green, Prosecuting Attorney, reported Billy M. Anie's was represented by William Noe, Attorney. She explained Mr. Arzie was brought before the board because he was in violation of Florida State Statute 767 and Section 4.28 of the Code (FSS 767 and Section 4.28 attached hereto and made a part hereof- Exhibit A). She indicated Karl Grunewald would report concerning the matter, but that Wdliam Nce wished to address the board prior to Mr. Grunewald's testimony. The Board concurred. William Noe, 599 Atlantic Boulevard, Suite 6, Atlantic Beach, Florida, explained Mr. Arzie had fared a note to him over the past weekend indicating that he had experienced chest pains. Mr. Noe explained Mr. Arzie had had two heart by-pass operations in the past. Mr. Noe indicated he had not had any other messages from Mr. Arzie's and that Mr. Noe was not able to locate Mr. Arzie. Mr. Noe added Mr. Arzie was willing to get rid of his dog. Karl Grunewald indicated the board was being asked to determine if the dog "JR° was "dangerous" according to FSS 767. Fie indicated the dog had been declared dangerous by the Police Department and by the Animal Control Ollicer. Suzanne Green proceeded to call witnesses as follows: Terence D. Holt, Apartment 4, 724 East Coast Drive, Atlantic Beach - Mr. Holt indicated on November 11, 1995 he was bitten by the dog JR He added when he was bitten by the dog, Mr. Arzie told htr. Holt that he had been chasing the dog for an hour. Mr. Holt indicated at the time he was bitten he was outside his residence. He explained the bite just barely broke the skin, and that a police officer insisted that he go to the hospital. Five days later, Mr. Holt explained, his leg was yellow and green from the bruise. Suzanne Green displayed an affidavit and asked Mr. Holt if he had signed it to which Mr. Holt replied that he had signed the affidavit (attached hereto and made a part hereof - Exhibit B). Dave Miller, Apartment 3, 724 East Coast Drive, Atlantic Beach - Mr. Miller indicated he had seen Mr. Arzie driving around the neighborhood over the past weekend smoking a big cigaz, and that he did not appear to be sick. Mr. Miller indicated on several occasions the dog had "gone wild." During the spring there was a pack of dogs nipping at people and the dog JR was the leader of the pack. The dog, Mr. Miller explained, would comer a person against a car or against a wall. Mr. Arzie, Mr. Miller reported, had no control over the dog, and the dog will not come to Mr. Arzie. Mr. Arzie, Mr. Miller reported, let the dog out at 10:00 p. m. Suzanne Green asked Mr. Miller if the dog was ever chained or leashed, to which Mr. Miller replied the dog was never chained or leashed. Mr. Miller indicated the dog ~ bazked at children who played across the street, and that he was kept on a porch that was about 4' _ x 10'. Ms. Green asked Mr. Miller if he had been threatened by the dog to which Mr. Miller replied r'` Minutes, Page 3 Code Enforcement Board January 9, 1996 in the negative. Ms. Green asked Mr, Miller if any signs were posted on Mr. Arnie's property to which Mr. Miller indicated here were no signs on the property. Suzanne Green displayed an affidavit and asked Mr. Miller if he had signed it to which Mr. Miller replied that he had signed the affidavit (attached hereto and made a part hereof -Exhibit C). Mr. Miller indicated the bruise that Mr. Holt had was a big bruise. When asked how many dogs Mr. Artie had, Mr. Miller indicated two or three, and that in the spring the dogs ran loose in a pack. At this time Mr. Martin referred to the remaining witnesses who also had submitted affidavits to the city, and he asked if the affidavits could be accepted by the board without have the witnesses give testimony. Suzanne Green displayed the sworn affidavits to the witnesses and asked each witness if the atdavits were signed by themselves to which all witnesses replied in the afTirmative, as follows: Bee Jay Lester, Rene Anderson, Susan A. Condon, Robert G. Gascaigne, Tina Downs, Lyman Fletcher, and Joanna Fletcher (Lyman Fletcher indicated Joanna Fletcher had signed the affidavit). (Affidavits attached hereto and made a part hereof- Exhibit D). ~'' Suzanne Green indicated copies of the affidavits had been presented to William Noe. William Noe indicated Mr. Artie would like the opportunity of offering the dog to the Humane Society. Jie explained the dog was l 1 months old and Mr. Artie did not feel the dog was dangerous. He indicated Mr. Artie would like to give the dog a home, but if it was declared "dangerous" it would have to be put to sleep. Mr. Noe referred to the State Statue 767.11 (a), and a discussion ensued concerning the language of the Statute. Mr. Martin referred to Section 767.(d), and he felt the dog fell under the language of that section . A motion was made, seconded, and passed to find Billy M. Arlie, 770 East Coast Drive, Atlantic Beach, to be in violation of Section 428 of the Atlantic Beach Code and Florida State Statute 767.12, and Mr. Arnie's dog, a black male lab named"JR^ was found to be vicious and dangerous. A motion was made, seconded, and passed that bir. Artie must conform to Florida State Statute 767.12 (attached hereto and made a part hereof- Exhibit A). A final solution to the problem must be resolved at the end of 30 days, by February 8,1995, or a fine of $250 per day will be implemented. Compliance must be verified by the Animal Control Ofticer of the City of Atlantic Beach who must be satisfied that proper action has been taken. ~ Mr. Martin read case hearing procedures for the following cases: 0098, John L. Green, 0100, Willie E. Davis, and 0101, Laurette Ibarreche, and all witnesses were sworn in. Minutes, Page 4 Code Enforcement Board January 9, 1996 Case No. 0098 -John L. Green -owner of property located at 525 Atlantic Boulevard, in violation of Section 12-1-(7) -outside storage of miscellaneous building material; refrigeration units, stoves, and other restaurant equipment in the rear of the property. Suzanne Green indicated Karl Grunewald would testify that Mr. Green was in violation of Section 12-1-(7) -outside storage of miscellaneous building material; refrigeration units, stoves, and other restaurant equipment in the rear of the property, but that the property now was in compliance. Mr. Grunewald explained the type of debris that was outside the property, but he indicated the debris had been removed by January 1, 1996. He passed out photographs. Mark Shields indicated he was the new manager of the property, and was representing Mr. Green, who was out of town. He reported Mr. Green was the new owner of the property and that the previous owner had left the debris, which Mark Shields removed from the property. Mr. Sheilds indicated this situation would never happen again. A motion was made, seconded, and passed to find John L. Green in violation of Section 12-1-7 ~ of the Code. A motion was made, seconded, and passed to withhold any fine because the property had been brought into compliance to the satisfaction of the Code Enforcement Officer. If the property is found to be in violation in the future, a fine will be imposed. Case No. 0100 -Willie E. Davis - owner of property located at 60 Dudley Street - in violation of Sections 22-74, 22-90, and 22-71- connection to public sewer required within ninety (90) days, i.e., the septic tank and system has failed; depositing of human excrement on public or private property; and Chapter lOD - 6.042 FI. Dept. Of Health. Suzanne Green indicated the property had not been brought into compliance. Karl Grunewald indicated Mr. Davis was in violation of Sections 22-74, 22-90, and 22-71 - connection to public sewer required within ninety (90) days, i.e., the septic tank and system has failed; depositing of human excrement on public or private property; and Chapter l OD - 6.042 FI. Dept. Of Health. He passed out photographs of the failed septic tank system. He indicated Mr. Davis was originally sent a notice on August 24, 1995 which he received on August 26, 1995. Mr. Grunewald indicated he spoke to Mr. Davis some time after August 24th and Mr. Davis indicated he had not received a notice from the city, and hir. Grunewald sent Mr. Davis another notice. Mr. Grunewald ~ indicated a tenant, Lisa wlliams, who lived at 60 Dudley Street called and asked him to investigate the property. Mr. Grunewald indicated to date Mr. Davis had not tapped into the city sewer system. ~ Minutes, Page 5 Code Enforcement Board January 9, 1996 Willie E. Davis indicated he was the owner of 60 Dudley Street. He indicated he was not in agreement that the septic tank system had failed. He indicated what actually happened was that there was a Gne that was stopped, but that he refused to fix it because the tenants would not pay their rent. Right now, he added, he was working on the place. He indicated he intended to hook into the city sewer, but that he did not feel that the charges that had been brought against him were justified. He indicated the tank did not fail, but that there was a stoppage and that at the present time the stoppage was fixed and the system was open and was working. He indicated he wanted the renters to move because he was not able to collect the rent and that was why he did not fix the system. Mr. Martin asked Mr. Davis if the septic tank system was now working to which Mr. Davis replied that the system was working. He indicated it was fixed a week ago, and that it had been stopped but now it was unstopped. Lisa Williams, previous tenant, indicated she had rented the property but had been forced to move because the septic tank system was not working. Mr. Grunewald passed out photographs which depicted a hole in the ground. Mr. Davis indicated the pictures were misleading because the pipe was repaired and the system was working. A discussion ensued and it was felt that Mr. Davis should be given an opportunity to prove that the system was working. If indications were that the system was inoperable, it was felt Mr. Davis should be required to tap into the city's sewer system. A motion was made, seconded, and passed to find Willie E. Davis to be in violation of the Code in that the septic system was not functioning atone time. A motion was made, seconded, and passed to allow 11Ir. Davis to have a licensed septic tank company certify that the system is operational; certification to 6e completed by January 30, 1996. If it is found that the system is not operational, hir. Davis will be required to apply to the City of Atlantic Beach to connect to the public sewer by February 15,1996. If Iilr. Davis does not make application by February 15, 1996 a $250.00 per day fine will be levied against the property. Case No. 0101 -Laurette Ibarreche -owner of property located at 297 Pine Street - in violation of Sections 12-1-7 and 12-1-3 -grass and vegetation over 12 inches; outside storage of miscellaneous items. Suzanne Green reported the property was in compliance as of December 28, 1996. ~ -~~r~'tipu p e w a ~~ indicated he had received an anonymous complaint from a neighbor against r Minutes, Page 6 ' Code Enforcement Board January 9, 1996 the 297 Pine Street property. He indicated the property had been brought into compliance. Laurette Ibarreche reported she had been out of town and some furniture that was supposed to be picked up by the Salvation Army had not been picked up, and that she had given away the furniture. A motion was made, seconded, and passed to find Laurette Irarreche to be in violation of Section 12-1-7 of the Code. A motion was made, seconded, and passed to withhold any fine because the property had been brought into compliance to the satisfaction of the Code Enforcement Officer. If the property is found to be in violation in the future, a fine will be imposed. ne time. There being no further business the chairman adjourned the meeting at 9:20 p. m. G. E. Martin Chairman Code Enforcement Board ATTEST: Trudy Lopanik Secretary (, - Exh,6,~ 7< ~ CHAPTER 767 ~ DAMAGE BY DOGS 767.01 Dog owner's liability for damages to persons or domestic animals. 767.02 Sheep-kitling dogs not to roam about. 767.03 Good defense for killing dog. 767.04 Dog owner's liability for damages to persons bitten. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle. 767.07 Inlerpre Cation. 767.10 legislative findings. 767.11 Definitions. 767.12 Classification of dogs as dangerous; certitiCa• lion of registration; notice requirements; con- finement of animal; exemption; appeals; unlawful acts. 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction. 767.14 Additional local restrictions authorized. 767.15 Other provisions of chapter 767 not super- seded. 767,16 Bite by a police or service dog; exemption from quarantine. 767.01 Dog owner's liability for damages to per- ~s or domestic animals.-Owners o1 dogs shall be liaole for any damage done by their dogs to sheep or other domestic animals or livestock, or to persons. Niriory.-RS 2311; ch. 1979. 7901; GS 3112; RGS 1957; CGL 701<. 767.02 Sheep-killing dogs not to roam about.-Il is unlawlul for any dog known to have killed sheep to roam about over the country unattended by a keeper. Any such dog found roaming over the country unattended shall be deemed arun-about dog, and it is lawful to kill such dog. HUIOry.-e. 1, en.1185. 1893. GS 313. RGS 1958, CGL 7015 767.03 Good defense for killing dog.-In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satislactory proof that said dog had been or was killing cattle or sheep shall constitute a good defense to either of such actions. W Hory..y. 1, eh.19)8. 1901; GS 31Ir; RGS 1959. CGL 70x6; s. 1, rn. 79J15 when he is on such property upon invitation, expressed or implied, of the owner. However, the owner is not lia- ble, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, it al the time of any such injury the owner had displayed in a prominent place on his premises a sign easily readable including the words 'Bad Dog' The remedy provided by this section is in addition to and cumulative with any other remedy pro- vided by statute or common law. H+s1ory.-s t. M. 25109. 19x9: a. I. ch. 93-13. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle.-An owner or keeper of any dog that kilts, wounds, or harasses any dairy cattle shall be jointly and severalty liable to the owner of such dairy cattle for all damages done by such dog; and it is not necessary to prove notice to or knowl• edge by any such owner or keeper o1 such dog that the deg was mischievous or disposed to kill or worry any dairy cattle. Hi.lory.-a 2, rn. )9-315; s. a82, cn 81-259 767.07 Interpretation.-Section 767.05 is supple- mental to all other laws relating to dogs not expressly referred to therein and shall not be construed to modify, repeal, or in any way affect any part or provision of any such laws not expressly repealed therein or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. HI~IOry.-a 2, U. 79-315 767.10 Legislative findings.-The Legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the peo• pie of this slate because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing prob• rem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. Hlflory.-s 1, Ch. 9()_180. 767,04 Dog owner's liability for damages to per- sons bitten.-The owner of any dog that bites any per- son while such person is on or in a public place, or law• Tully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by per• sons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. ~''Iwever, any negligence on the part of the person bit• _n that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the per- centage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private Property of such owner within the meaning of -his act when he is on such property in the performance of any duty imposed upon him by the laws of this stale or by trle IAWC nr nnN.d ...,-. .,.,.:,, •,,, ..I sn I In:, n.1 C1~InC nr 767.11 Definitions.-As used in this act, unless the context clearly requires otherwise: (1) 'Dangerous dog' means any dog that according. to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endan• gered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while oft the owner's property; (c) Has been used primarily or in part for the pur• pose of dog fighting or is a dog trained for dog lighting; 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 ~Itark nrnVillPlr IhRI CII('.h Rr'IinnC afP, a}tP,StCd t0 in a sworn statement by one or more persons and dutifully nvestigated by the appropr7ate authority. faa 'Unprovoked' means That the victim who has of conducting himself peacefully and lawfully has Seen bitten or chased in a menacing fashion or attacked oy a dog. (3) 'Severe injury' means any physical injury that results in broken bones, multiple bites, or disfiguring lac- erations requiring sutures or reconstructive surgery. (4) '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 pocked 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 Irom escaping over, under, or through the structure and shall also provide protection from the elements. (5) '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 taws of the city, coun!y, 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. (6) 'Animal control officer' means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enlorce- rrr-~t of this act or any other law or ordinance relating to tt. ,7censure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (7) 'Owner' means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the ace of 18, that person's parent or guardian. History.-s 2. cn. 90-780.: z. cn 97-t7 767.12 Classification of dogs as dangerous; certifi- cation of registration; notice requirements; confine- ment of animal; exemption; appeals; unlawful acts.- (1)(a) An animal control authority shall investigate •eporled incidents involving any dog that may be dan- gerous and shall interview the owner and require a >worn affidavit from any person, including any animal :ontrol officer or enforcement officer, desiring to have a fog classified as dangerous. After the investigation, the animal control autf7onty shall determine it a dog is to be :lassilied as dangerous and shall immediately provide vritten not~ficalion by registered mail or certified hand fel7very to the owner of a dog that has been classified jcdangerous. A dog shat) not be declared dangerous I .e Threat, injury, or damage was sustained by a Per- on who, at the time, was unl2wlutly on the property or, chile lawfully on the property, was tormenting, abusing, r assaulting the dog or its owner. (b) The owner may 17te a written request (or a hearing ~ appeal the classification within 10 business days alter ~ceipt of the written nonce and must confine the dog 7 a securely fenced or enclosed area pending a resolu• lion of his appeal. Each applicable local governing authority must establish appeal procedures that con- form to this paragraph. (2) Within 30 days after a dog has been classified as angerous, the owner of the dog must obtain a certifi- cate of registration for the dog from the animal control authority serving the area in which he resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the ani- mal control authority sufficient evidence oi: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting o1 the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside Thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall immediately notify the appropri- ate animal control authority when a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as danger- ous that the dog is in his jurisdiction. ~'(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substan- tialchain orleash and under control 01 a competent per- son. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or res- piration but will prevent it from biting any person or ani• mat. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with- out amuzzle or leash, ii the dog remains within his sigh) and only members of his immediate household or per- sons 18 years of age or older are allowed in the enclo- sure when the dog is present. N,'hen being transported, such dogs must be safely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training pro- cedure. Oogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are •F.S. 1993 umm~uc or uvua exempt from the provisions of this act when engaged in ~+ny legal procedures. However, such dogs at all other ( .nes in alt other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding 5500. Wstory.-s. 3, ch. 90-tBO, s. 3, ch 90-13 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.- (1) It a dog that has~reviously been declared dan- gerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misde- meanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, it necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notifica- tion under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12(i)(b). The owner shall be responsible for pay- ent of all boarding costs and other lees as may be ~quired to humanely and safely keep•the animal during any appeal procedure. (2) _If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, and the owner of the dog had prior knowledge of the dog's dangerous propensities yet demonstrated a reckless disregard of such propensities under the cir- cumstances, the owner of the dog is guilty o1 a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, ii necessary, for the proper length of time or held for 10 business days alter the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shalt be responsible for payment of all boarding costs and other lees as may be required to humanely and safely keep the animal during any appeal procedure. (3) If a doq that has previously been declared dan• gerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, ii necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner sh2tl be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) 11 the owner tiles a written appeal under s. 767.12(i)(b), the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. History: s. /, Ch. 90-180, s. 1, Ch. 90-10. 767.14 Additional Iota! restrictions authorized.- Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or develonino procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. This section shall not apply to any local ordinance adopted prior to October 1, 1990. Mlalory.-s. S. U.90-180 767.15 Other provisions of chapter 767 not super- seded.-Nothing in this act shat) supersede chapter 767, Florida Statutes 1989. History.-s. 6, cn 90-180 767.1b Bite by a police or service dog; exemption from quarantine.-Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine require• ment following such bile if the dog has a current rabies vaccination that was administered by a licensed veteri- narian. History.-s. t, M 91-228. s. 767.13 1994 SUPPLEMENT-TQ£LORIDA STATUTES 1993 l 1 CHAPTER 767 DAMAGE BY DOGS 76701 Dog owner's liab~l~ty for damages to persons, domestic arnmal5, M kvCSlock. 767 03 Goad tlelense for kdhng dog 767.12 Class,tication of dogs as dangerous: eeruhca don of regislratron; notice and hearing requuements; confinement of animal: exemption; appeals; untawlul acts. 767.73 Attack or bite by dangerous dog: penalties; Confiscation; Oeslructron. 767.01 Dog owner's liability for damages to per- sons, domestic animals, orlivestock.-Owners of dogs shall bo liable for any damage done by their dogs to a person or to any animal included in the definitions or 'domestic animal' and 'livestock' as provided by s. 585.01. W~bry.-li$ Zul; d~. X919, Wot: Gs Jut. aGS MSr. CGL 70u, ~ 1. N w-rn 767.03 Gooddetenselorkillingdog.-In any action tar damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that Said dog had been or was kitting any animal included in the definitions of 'domestic animal' and 'I~vestock' as provided by s. 585.01 shall constitute a good defense to either of such acirens. W~rory.-a r, cn X919. f90r GS ]ru RGS M59. CG170r6.~ f. cn 79-]r5 ~. t. cn 91.1]9 767.12 Cfassitication of dogs as dangerous; certili- eatlon of registration; notice and hearing require• merits; confinement of animal; exemption; appeals; unlawful acls.- (lxa) An animal control authority shall investigate reported incidents involving any dog that may be dan• gerous and shalt, it possible, interview the owner and require a swum affidavit from any person, including any animal control ollicer or enforcement ollicer, desiring to have a dog classified as dangerous. Any animal that is the sublect of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and solely confined by the owner in a securely fenced a ertCbsed area pendmg the Outc0171e of the investigation and resolution of any hearings related to the dangerous dog Gassification. The address of where the animal resides shall bC provided to the animal con- lroi authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership Irans~ icrred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the even) that a dog is to be destroyed, the dog shall not be relocated a ownership transferred. (b) A dog shall not be declared dangerous i1 the threat, injury, or damage was sustained by a person vita, at the Ilmc, was unlawfully on the property a, white lawfully on the property, was tormenting, abusing, a assaulting the dog or its owner Or a family member. iVo dog may be declared dangerous it the dog was protect trig or defending a human Dcing within the tmmed~ate vicmtly al the dog Irom an unjusldred attack or assault (C) Alter ihC mVeshgatiOn, IhC animal cOmrW aUQ10r~ fly shall make an initial delerminalion as to whether Iherc is sullrcrent cause to classify the dog as dangerous and ~ Shall afford the owner an opportunity for a hearing prig to making a final determination. The animal control j authority Shall provide written nol;ficauon of the sofa I eient cause tmdutg. to the owner, by registered nun ~ certified hand delwery, or service in eonlamance wnn Ure provisions of chapter 46 relating to service of proc- ess. The owner may file a written request for a hearing wrhin 7 calendar days Irom the dale of receipt of the nohlicalion of the sufficient cause hndmg and, it a~qucsted, the hearing shall be held as soon as possi- ble, but not more than 21 calendar days and no sooner than 5 days after receipt of 11]e request Irom the owner. Each applicable local governing authorrly shall establish hearing procedutCS Thal eOnlCrm to this paragraph. (d) Once a dog is elassrlred as a dangerous dog. the animal eonlrW authority shall provide written notification to the owner by registered marl, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days alter receipt of a written deler- mination of dangerous dog elassitication and must con- finethe dog in a securely fenced or enclosed area pend~ mg a resolution of the appeal. Each appt~cable local gov erning authority must establish appeal procedures that Conform to this paragraph. (2) Within 14 days alter a dog has been classified as dangerous by the animal control authority or a danger ous dog classilrcalion is upheld by the county court on appeal, the owner of the dog must obtain a eertilicate of registration for the dog Irom the animal control author ity serving the area in which he resides, and the certili- Cate shall bC renewed annually, Animal Control autfiai- tics are authorized to issue such Certil;cates of registra~ Iron, and renewals thereof, only to persons who are al least 18 years of age and who present Io the animal con- Ir01 aUthOrity SU1fiCICOt evidCrlcC 01: (a) A current certdreate or rabies vaccination for the dog. (b) A proper encbsure to conl~ne a dangerous dog and the posting of the premises with a clearly visible warning sign at alt entry points that informs both chil- drenand adults of the presence of a dangerous dog on the property. (c) Permanent identdication of the dog, such as a 1a1100 On tI1C InSidC thigh Of eICCIrOniC implanlaliOn. The appropriate governmental unit may impose an annual Ice for the issuance of ccrlrlrcatos of registration required by this section (3) The owner shall immed~otely notdy the appropri• ate animal eonuol authority when a dog that has been classified as dangerous: (a) Is loose a unconfined. (b) Has bitten a human bemg or attacked another animal. (c) Is sdd, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog bemg sold or given away, the owner shall provide the name, address, and tekptwne number of the nCw owner to the animal eonlyd authority. The new owner must comply with allot the requirements OI this act and implementing local ordinances, even it the animal is moved from one local jurisdiction to another within Cite slate. The animal contrd aff~cer must be noLLed by the owner of a dog classified as danger Ous that the dog is in his jurisdiction. ~~ (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substan~ tial chain or leash and under control of a competent per- son. The muzzle must be made in a manner that will not cause injury to the dog or interlere with its vision or res~ piration but will prevent it Irom biting any person or anl• mat. The owner may exercise the dog in a securely lensed or encbsed area that does not have a lop, wnh- out amuzzle or leash, if the dog remains within his sight and only members of his immediate household or per sons 18 years o1 age Or older are allowed in the enClo~ sure when the dog is present. When being transported. such dogs must be solely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training pro cedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows. field trials, hunting/retrieving trials, and herding trials are exempt Irom the provisions of this act when engaged rn any legal procedures. However, such dogs at all other times in all other respects shalt be subject to this ono local laws. Dogs that have been Classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement olficiats for law enlacement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500, W1101r.~41(/~ 99-IEO.r 1, C11 9]-IJ i J iT $1•]]A 767.13 Attack or bite by dangerous dog; penalties; confisutian; destrvction.- (1) II a dog that has previously been declared dan~ gerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a m~sde~ meanor of the first degree, punishable as provided in s 775.062 or s. 775.083. In addition. the dangerous dog shall be immediately eonfiscaled by an animal control authority, placed in quarantine, it necessary, for the proper length of lime, or impounded and held for tC business days after the owner is given written notilica~ lion under 5. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-tlay lime period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible for payment Of 811 boafding COSTS end Othef 1eCS as may be fequved to humanely and solely keep the animal during any appeal procedure. (2) 11 a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated Dy an animal control authority, placed in quarantine, it neces~ sorry, for the proper length of time or held la 10 buvness days alter the owner is gwen written notil~cation under s. 767.12, and Thereafter destroyed in an exped~tlous and humane manner. This 10-day time period shall attov: • the owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding costs and other lees as may be required to humanely • and safely keep the animal during any appeal proce~ dure. In addition, it the owner of the dog had prior knowl edge of the dog's dangerous propensities, yet demon strafed a reckless disregard la such propensities under the circumstances, fhe owner of the dog is guilty of a misdemeanor of the Second degree, punishable as pro vided in s. 775.062 or s. 775083. (3) II a dog that has previously been declared dan~ gerous attacks and causes severe injury to or death of any human, the Owner is guilty OI a felony OI the Third degree, punishable as provided in s. 775.082, s. 775083, or s. 775.064. In addition, the dog shall be Immediately eonllscaled by an animal control authority, placed in quarantine, it necessary, for the proper length of time or held for t0 business days alter the owner is gwen written noulication under s. 767.12, and thereafter destroyed in an exped~txws and humane manner. This 10-day time period shall allow the owner to request a hearing under 5.767,12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal dur• rng any appeal procedure. (4) If the owner Ltes a written appeal under 5.767,12 or this section, the dog must be held and may not be destroyed while the appeal is pending. (5) II a dog attacks or bites a person who is engaged In ar attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime SpecdiEd under this SBCIiOn. N,Ilpr.-s ~ <n 5p.1r10.1 lrn 93-q.s ~.N 91.1]9 ~~ ,r ANIDfAI.S § 4.29 (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits oC the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or Control of the dog or cat violating the terms and provisions of this article. (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners( handlers shall carry same sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rightsof--way. (d) Anyone wha takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, ~ 4~i(d); Ord. No. 95-86.30, 5 8, 7.28-86; Ord. No. 95.8833, § 5, 4.25.88) State Iaw reference-Damage by dogs, F.S. Ch. 767. Sec. 4.27. Disturbing the peace. ~~ It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark ar bowl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise ~ provided by state law. (Code 1970, § 4-4(e)) Sec. 4-28. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those dogs wha are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 4.29. Rabies suspected. (a) If a Bogor cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society or licensed veterinarian notified at once. The dog or cat shall then be removed W the proper place for observation for a period of two (2) weeks at the expense oC the owner. (b) IC any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours there- . after. Supp. No. 12 303 § d-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period oC time and place as may be designated by the city manager for Lhe purpose oC testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager Cor laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner oC the animal. (Code 1970, § 45) Stato law reference-Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031p)(g)1. Sea 4.30. Citations authorized; penalties provided. (s) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation oC this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the Crst offense, forty dollars ($40.00) for the second offense, and seventy-five ~• dollars ($75.00) for the third and subsequent ollenses each and every occasion wherein a citation is issued. ~ (Ord. No. 97.86-30, § 4, 7-28-86) ~' IThe next page is 353) Sapp. No. 12 304 Sh'ORN AFFIDAVIT TO DECLARE THE FOLLOI:'ING DOG "DANGEROUS" UNDL'Jt FLORIDA STATUTE •767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." _ tCX h~ 6~'7s. ~ I . ^~M~C~e, ~ , - ~----,,-ot ---- ~~~~, Li~~~ .ltlantic Beach, FL, 32233 Tel. „Z1{q -~5.~ (3 •-~ do hereby wish to have the herein described dog declared dangerous as outlined in the above ordinance. The dog has threatened, charged, bitten and has aggressive behavior on public Around and in residents yards The dog is a male, black lab named "J.R.", owned by Billy ?f. Arzie - 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526. Signed: ^ ^^ ~-Lre....~~ •~ Date:" ~ ~ f!-~ Nc~V . ~ r~ s_ . Witnessi Notaryi ,,, '" rl A ~.AL 1.hft.Flt FLLTC'YFSt AC:ARY Ft'TtI.IC51'A"T O.^• FLOT'DA CAY.\11.`'''.:OV *JC. C:C3'1G::65 \N CYlGf1.fP, :G:J exr. s"t'P7'9,1~3 Comments' ?tr. Holt said that ?1r. Arzie told him " .,I've been chasing my doA for an hour... couldn't catch him. •" ..got more important work to be doing..." "... embarassed that my' dog is the neighborhood,.." terrorizin Mr. Holt was bitten by this dog on Sat, Nov. 11. 1995 police report 95-017717, The bite occurred in the 700 block of East Coast. The dog was loose and unattended and bit *lr. Holt as he was on thesidewalk and`'was headed across the street to the nark. ''~ 10.. ,-~ ~.-.~.,~~ !v 14,.E ^.. IF-t-~.~,- ~' ~-...~ -~-. ~'~•... ~ ce.rt.. r~,r ~-1..~FS. r-, . r~-rt.; ~ ~S rw~wyR , vv ~+ (1•yv~/ off,..:-s..:ay., 1 ,ate a ~ ~.,c.-~...-r ~~ r~ .. fi-r-z-'-=--' ~-m. r~.z %.~'Nr G (/, e.R.ra, r/..s+.7- 11.c. ••-s n.e/J- re~(/~.Tw...Cs~a, t-Y~.c•-k.f~ ~•• F~ aJ-w-L. ~ ' ;~_ b~ . •• _ ~ x h,•a,• f ~ _. S190RN AFFIDAVIT TO DECLARE TILE FOLF01:'ING DOG "DANGEROUS" UNDPft FLORIDA STATUTE ~7b7,12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs," //I,. _ ~1JN-~, ~~ r , n of ~r- '.j ~/• f~Q~`~'GA7.ltlantic Beach, FL, 32233 Tel, rZ~l~?G ~ ~ ~ • ••~ do hereby wish to have the herein described dog declared dangerous as outlined in the above ordinance. The dog has threatened, charged, bitten and has aggressive behavior on public Around and in residents yards 7'he dog is a male, black lab named "J.R,", owned by Billy F1. Arzie - 770 East Coast Drive, Atlantic Beach, FL, Tel, 249-4526, -~ Signe ~~ ~ Y `~ Date:": ~ ~~ -~~--_, Witness; 7 !. Notary; ~ .~'~( LYMAN7FIfl'QiER ^~ NOTARY PUBLIC 5TA7E OF FIARIUA COMMiSS10N NO. CC390185 MY COMMLCSION F.XP. SFPf 9,1998 Comments: Ftr. `filler said he has be~en~reatene by t 's dog on his property. ~ (~a~ .g.~ ~ . O"L /V1,-w.~-r'a-c..Jd C d ~ ~.d (l'~--~-r n ~ -~ ~--~ .. ~, _ . ~~ ~s ~, ~= -~- ~xh~brf D -- ~JVEMDER 18, 1995 T0: BEE JAY LESTER, ID 7}300 FROM: ANIMAL CONTROL RE: DOG BITE INCIDENT TONIGfiT I MADE CONTACT WITH HR. TERRY MOLT IN REFERENCE TO A REPORTED DOG BITE INCIDENT THAT OCCURRED SOMETIME DURING THE SUMMER MONTHS TO ONE OF HIS NEIGHBORS. MR. MOLT TOLD HE THAT HE WAS ALSO A VICTIM OF A DOG BITE RECENTLY BY THE SANE DOG.(REF. REPORT 95-17717) MR. MOLT WANTED TO KNOW WHY THE FIRST INCIDENT INVOLVING A JUVENILE CHILD WASN'T EVER DOCUMENTED AND FORWARD TO YOU. I ADVISED MR. fiOLT THAT I DID SPEAK WITH YOU VERBALLY ABOUT THE INCIDENT BUT NOTHING WAS EVER WRITTEN DOWN. MR. MOLT SAID THAT SOMETHING NEEDS TO BE DONE ABOUT THIS DOG AND YOU HAVE STARTED TO TAKE THE NECESSARY ACTIONS AGAINST THE DOG'S OWNER. ~".. MOLT DID HAKE A COMMENT THAT IF THINGS WEREN'T DONE TO PREVENT THIS '..JG FROM ATTACKING ANOTHER PERSON THEN HE HIGfiT NEED TO GET A GUN AND TAKE CARE OF THE PROBLEM HIMSELF IF HE IS ATTACKED AGAIN. BEE JAY I'M NOT REALLY SURE WHY MR. MOLT CALLED EXCEPT TO INQUIRE WHY A REPORT WASN'T WRITTEN ON THE FIRST INCIDENT WHICH I TOLD HIM THAT I DID RELAY THAT INFORMATION VERBALLY TO YOU. ANY QUESTIONS OR CONCERNS PLEASE DON'T HESITATE TO CONTACT HE REGARDING THIS MATTER. ~ ~/yam/yJ ^ n~ ~~O ~~ ,~ _ __ ~v ,;/~ / PTLH. W.A. BULL 7F1480 `~~~~"- ,~~~ (~~~~ L // ~ ~~ ~~Gry~1 ~~/~f ~r 7' , ~j1~~~ rl~-f~ ~~i~/~Q r, ~ ~~~ ~ ~~° ,~~~' ~7~~ SWOrtN AFFIDAVIT TO DECLARE TILE FOLLOI:'I:~'G DOG "DANGEROUS" ilA'DH2 FLORIDA STATUTE •767.12 and Atlantic Beach Animal Qrdinance Sec. 4-28 "Vic/io~us Dogs." ~~ ^_•c7/y'I-T~~• Atlantic Beach, FL, 32233 Tel. ,Z•~f7~ (~ ~~y •'~ do hereby wish to have the herein described dog declared dangerous as outlined in the above ordinance. 7'he do¢ has threatened, charged, bitten and has aggressive behavior on public Around and in residents yards The dog is a male, black lab named ",T.P.,", owned by Billy F~. Arzie - 770 East Coast Drive, Atlantic Beach, FL. Tel, 249-4526. n Signed: •~~ h'itness; Rotary; Comments! This dog was on Nov, 4, 1995, Police lunged at her and growl into her house. •It was • her child and jumped at and the dog grabbed the loose in the yard and driveway at 310 8th St. report 95-17307, D1rs. Anderson said the dog ed and barked. She said the dog tries to go also loose in Hay 1995 and ran after his face, The child nut a towel un to his face towel, ~ _ Sl'IORN AFFIDAVIT TO DECLARE TIlE FOLLOI:'ING DOG "DANGEROUS" UNDER FLORIDA STATUTE •767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." I, of 51_~3•••~j,Qvp~{~(' ,~q~~y~ ltlantic Beach; FL, 32233 Tel. oZ~~,`jZ~ //~•~ ,~i~hereby wish to have the herein described dog declared dangerous as outlined in the above ordinance. The do¢ has threatened, charged, bitten and has aggressive behavior on public ground and in residents yards The dog is a male, black lab named ".7.R.", owned by Billy D~. Arzie - 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526. ~' Signed: - Date:~~• h'itness~ ~ - Notary: ~ .. •. Comments: On Sat. 3/25/95 this dog bit her daughter, Alegan, while they were walkinv east on 7th St, at Ocean Blvd. *1r. Arzie told the victim's mother that it was probably his dog that did this and he apologized and said he was thinking of giving the dog away. Police Renort 95-004239 ROBERT G.GASCOIGNE 314A 8TH ST. ATLANTIC BEACH, FL 32233 (904) 249-6435 To whom it may concern; 14 NOV 95 On Saturday, October 21 at approximately noon time, a large Black Labrador dog attacked my dog while I was walk him on a leash on the street in front of my home. The dog in question charged out from behind the house in which it was kept. The attack was unprovoked and extremely vicious. Once I separated the dogs, the Lab then started to growl and began taking a threatening posture with myself. The animal did not back down until a cat distracted its attention long enough for us to retreat to the safety of Mayor Lyman's property. The owner of the dog was immediately called but could not be reached for 30 minutes. During this time. the dog continued to roam the neighbourhood in an aggressive manner until the owner secured it in his home. My dog received a puncture wound in the hind quarter and was treat at the Total Pet Complex with anti-biotics. The owner of the Black Lab paid for the Veterinarian bill, which came to 49 dollars. If any further information is required, I can be contacted at the above address after 5:00 pm. erely, R. GASCOIGNE ~~ n S15'ORN AFFIDAVIT TO DECLARE TILE FOLLOh:INC Dl1G "DANGEROUS" UNDER FLORIDA STATUTE .767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." 31~_ ~~-~y~.i~• ~ .1tlantic Beach; FL, 32233 Tel. lJ~/-.~ y~:~a7a-~~~i, do hereby wish to have - the herein described dog declared dangerous as outlined in the above ordinance. The dog has threatened, charged, bitten and has aggressive behavior on public ground and in residents yards The dog is a male, black lab named ",7.R.", owned by Billy ~~. Arzie - 770 East Coast Drive, Atlantic Beach, FL. Tel. 249-4526. Signed: Date :~~ Nitness~ rnsANr~t ft?iLIC STA1T r^ Comments: Police report 95-016420 Sat. Oct. ~]tpyt®patis,;;Iy,j~Ftiggs Fletcher reported a vicious dog at large, The above comoIaina was walking his dog and Mr, Arzie's dog attacked it.viciously. SWORN AFFIDAVIT TO DECLARE T11E FOLIAI4ING DOG "DANGEROUS" UNDER FLORIDA STATUTE •767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." ' I ~.. ~.L(~iR .ltTy/1..•. ~' of ~~y3r ~a`~~~~~`•~~'ltlantic Beach, FL, 32233 ~ . Tel. ~y1-6~7~~~ ••~ do hereby wish to have the herein described dog declared dangerous as outlined in the above ordinance. The dog has threatened, charged, bitten and has aggressive behavior on public provnd and in~residents yards The dog is a male, black lab named "J.R.", owned by Billy AI. Arzie - 770 East Coast Drive, Atlantic Beach, FL. Tel. 249-4526, Signed: ~ ' Mitness~ ~ ' kkl L N S LYMAN T FLE[IC3II7t Notary] _ :4(71'ARYPUBUCSfATEOFFIARIDA COMMA;(ON NO. CL`i907bS MYCOMSILSSION IXP. SFPT 9,1946 Commentsi qtrs. Downs witnessed the dog 4ite that occured to Terence Bo~ljt on N~ov~.j 11, 1995, p /.-( GLa 7 fV'1.! C~~ ~^'4'~ , ~1"i ~rw c Q7,tnti ~ l~itOti n Sh'ORN AFFIDAVIT TO DECLARE THE FOLLOl4ING DDG "DANGEROUS" iL\DER FLORIDA STATUTE •767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." • _~ _ .. ~(~'~~,y~ ~°Qa~~• Atlantic Beach, FL. 32233 Tel. 3 .~3 ~ 7 733 ~ /~~ do hereby wish to have the herein described dog declared dangerous as outlined in ' the above ordinznce. The dog has threztened, charged, bitten and has aggressive behavior on public Around and in~residents yards The dog is a male, black lab named "J.R.", owned by Billy ~~. Arzie - 770 East Coast Drive. Atlantic_Beach, FL. Tel. 249-4526. Signed: ~ -- ~ _ . Date:"• ~ •• .. r•.-----~ hitness; •~ Notary; ~ "' Comments: 11r. Fletcher called the answering machine of Atlantic Beach Animal Control to say that at 7 o.m. Saturday Nov. 4 1995 that A!r. Arzie's black lab charged his wife in the 8th Street public street. l SWORN AFFIDAVIT TO DECLARE TILE FOLL01:'ING DOG "DANGEROUS" UNDPft FLORIDA STATUTE •767. I2 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." • ~}~~,^ltlantic Beach, FL, 32233 Tel. a ~G - 3 ~7 ~ 1s •~~ do hereby wish to have the herein described dog declared dangerous as outlined in , the above ordinance, The dog has threatened, charged, bitten and has aggressive behavior on public ground and in~residents yards The dog is a male, black lab named "J.R.", owned by Billy 1~1. Arzie - 770 East Coast Drive, Atlantic Beach, FL. Tel. 249-4526. Signed: „~~JG.C/~-,{ ~ ~ Date ^,• Witness; Notary; ~ ~~ _ 7 N tY5'AL LYMANTFl.El'CIiER NOTARY PU9LIC STATE OF FLORIDA COMMSSION NO. CC390185 I,{y COMMISSION EXP. SEPi' 9,7958 Comments: At 7 o.m. Saturday Nov. 4, 1995 this dog charged Mrs. Fletcher on 8th St., Atlantic Beach, lie was running loose in the area, ~" l(/2Z%/ k.7e~.e~r.•,~ ~ Y~~c/ "`~~rie. c~i~ ~'e~'k~ G~~~/~ ~GL~7c~ .yvu~ fi~.r/J'7x..:.~' -l G~.tr (ti~J /Lu~..2`a-/ •u/!c, 4'~ ,{rr ~, ~~~ ,~~ ~..~ ,yam ~«~ ~•--~-~ . G~ eL`~t (.f~ ~ .ZP~ifiLcG~~ .,E9~ylX~-d,'~~~ ~~ ~~~~~ ~ ~f ~,~ etc ~x-~-= ` -/ u~r .~~e . L(iri/J ~rTj/~ l~ ~G ~ ./ _ "~J arc-~.~`- ~~ %~ ,-, c~c_ ~