04/06/06
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
SPECIAL MEETING
APRIL 6, 2006
Call to Order: PRESENT: Carl Russell Acting Chair
Ron Pendleton
Mamie Hurd
Barbara Weiss
Richard Ouellette
Alan Jensen
Suzanne Green
AND: Alex Sherrer, Code Enforcement Officer
Susan Gorman, Secretary
Alan Jensen, City Attorney
Suzanne Green, Prosecuting Attorney
ABSENT: Velda Wells excused
Ray Breault excused
Co-Chairman Russell called the meeting to order at 7:02 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
Chairman Russell requested that the roll be read. Secretary Gorman read the roll and
determined that there was a quorum.
1. Recognition of Visitors and Guests regarding the Animal Appeal hearing
Witnesses for the Hearing: Animal Control Officer Chase Jamison, Deputy Public Safety
Director John Campbell, FedEx employee and dog bite victim, Thomas Wells, and Mark &
Leslie Rosenberg, owners of the dog in question. Chairman Russell swore the witnesses in prior
to their testimony.
2. Testimony related to the Hearing
Prosecuting Attorney Suzanne Green called for Animal Control Officer Chase Jamison to relate
the events of March 8`" after he was summoned to 1870 Live Oak Lane in Atlantic Beach.
Officer Jamison explained that he took photos of the victim and the area where the attack
occurred. Prosecuting Attorney Suzanne Green inquired if there appeared to be any provocation
on the part of the dog bite victim. Officer Jamison replied that he did not find any evidence of
provocation. Prosecuting Attorney Green asked about the rabies vaccination record for the
brown and white Boxer named Winston, identified in the attack.
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Page 2.
Officer Jamison replied that the owner of the dog, Ms. Rosenberg was unable to provide proof of
rabies vaccination for her dog, and Winston's Vet was contacted. Winston's rabies vaccine had
expired September 2005. Attorney Green asked Officer Jamison if it appeared that Winston
attacked in order to protect human life. Officer Jamison replied that defense of human life was
not a factor in the attack.
Winston the Boxer was removed from the residence at 1870 Live Oak Lane and transported to
the facility for Duval County located at McDuff Ave. for quarantine due to the lapsed
vaccination record. Mr. Rosenberg addressed the Board and responded to their questions. He
found it necessary to remove his dog Winston from the facility before the end of the quarantine
due to the physical condition of the dog. Mr. Rosenberg reported that he found it necessary to
take Winston to the Vet for treatment for a variety of ailments that resulted from the
incarceration at the McDuff facility. Winston remained quarantined at the Rosenberg home. The
Board was advised of an appointment in the near future for Winston to acquire his rabies
vaccination. Letters of character from various neighbors of the Rosenbergs were provided to the
Board, attesting to the nature of Winston. Board Member Weiss asked Mr. Rosenberg if he had
taken extra precautions to prevent future opportunities for Winston to attack. Mr. Rosenberg
stated that he had not, but indicated that he was open to suggestions from the Board if action on
his part would help with his Appeal. Prosecuting Attorney Green inquired about a previous
report of an attack by Winston, and Mr. Rosenberg denied knowledge of previous bite attacks.
Deputy Chief Campbell stated his knowledge of events that lead Animal Control to investigate
the attack at 1870 Live Oak Lane. Chief Campbell confirmed that Animal Control Officer
Jamison followed correct procedure after responding to the animal bite call. Chief Campbell
stated that he subsequently notified the Rosenbergs of their right to Appeal.
FedEx employee James Wells gave testimony to the events of March 8`h, stating that his purpose
for approaching the entrance to 1870 Live Oak Lane was to deliver a package. Mr. Wells
recalled the door entrance to 1870 Live Oak Lane was cracked open. Winston rushed out and
bit Mr. Wells on the left forearm. Prosecuting Attorney Green asked Mr. Wells if it was
necessary to beat the dog down in order to retreat after being bitten. Mr. Wells responded that he
did not and that he felt the dog retreated voluntarily and was simply protecting his domain. Mr.
Wells was asked about the nature of the injuries and residual effect from the bite. Medical
treatment was required and time was missed from work due to the injury. Board Member
Pendleton asked Mr. Rosenberg about the ramifications if Winston is labeled dangerous. Mr.
Rosenberg responded that his homeowner's insurance is at risk if his dog is determined to be
dangerous. Board Member Weiss asked Mr. Rosenberg about any measures taken to restrain his
dog. Mr. Rosenberg replied that a leash is on the dog whenever walking about the neighborhood.
Board Member Pendleton stated that he has observed Mr. Rosenberg walking about their
neighborhood with Winston leashed.
Members of the Board discussed the specifics of the case and Board Chairman Russell called for
a motion. Board Member Ouellette motioned to accept the finding of Animal Control and Board
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Page 3.
Member Weiss seconded. Chairman Russell asked Recording Secretary Gorman to ask for a roll
call vote. Secretary Gorman called the roll and the motion carried three to two in favor of
accepting the finding by Animal Control with Board Members Pendleton and Russell voting
against the finding. Mr. Rosenberg was advised that the Board concurred with Animal Control,
finding Winston the pet Boxer to be a dangerous dog.
Chairman Russell asked for a motion to adjourn, a motion was offered and passed unanimously.
The Special Meeting of the Code Enforcement Board adjourned at 8:00 pm.
Susan Gorman, Secretary
Co-Chairman, CEB