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Agenda Item 8AAGENDA ITEM # 8A OCTOBER 22, 2012 October 13, 2012 City Commission City of Atlantic Beach 850 Seminole Road Atlantic Beach, FL 32233 RE: Notice of Violation — City of Atlantic Beach, Code of Ordinances, Sec 12 -1(14) — Nuisances Enumeration — Animals To the City Commission of the City of Atlantic Beach: This is my written request for a hearing before the body to show that the conditions of my property do not constitute a public nuisance. In an attempt to save the commission's time, I offer the fact that my dogs are kept in the house at all times unless they are being walked on a leash or are in our back yard which is enclosed by a six foot high privacy fence. The problem of my dogs running loose has been either my daughter (Cecilia Babillis) taking them outside to play in the front yard or the street without a leash, or with an inappropriate collar and leash that they have slipped out of. We have purchased collars of the choker chain type and are now using them. She now understands the severity of her actions and understands that she is not to take any of them out without one of these collars and leashes. Please let me know if and when we need to appear before the city commission. I apologize for the inconvenience we have caused the police department as well as the city commission. Sincerely, 9 uzanne LeViseur 330 Magnolia Street Atlantic Beach, FL 32233 cc: Michael D Classey, AB Chief of Police AGENDA ITEM # 8A OCTOBER 22, 2012 PROCEDURE FOR QUASI - JUDICIAL HEARINGS (Suggested) 1. Hearings shall be conducted in an informal but courteous and professional manner. The following shall be the order of the proceedings: (a) Staff presentation on the subject matter of the issue, including rights and responsibilities of all interested persons, as well as future proceedings that may be necessary or required. (3 minutes) (b) Identify all potential witnesses who are to provide factual testimony and place them under oath. These witnesses are subject to cross - examination. (c) Staff presentation of its case, including nature of the application or appeal, introduction of exhibits and witnesses, and summary of issues and recommendations. (10 minutes) (d) Applicant presentation of its case. (10 minutes) (e) Identify any other persons who have not been called by staff or applicant as witnesses, but who have submitted notices in advance of their request to speak to the issue either in support of, opposition to, or just to ask questions, and place them under oath. (3 minutes each) (f) Staff and then applicant should have an opportunity to present rebuttal evidence. (5 minutes each) (g) Final argument by applicant. (5 minutes) (h) Final argument by staff. (5 minutes) (i) Commission may request applicant to respond to final staff recommendation. 0) Commission action. 2. A court reporter should be present to record the hearing. (NA for Chapter 12 Hearing) 3. The Commission action should be evidenced in writing by a final order which contains specific findings of fact and conclusions of law indicating the factual and legal basis for the motion approved by the Commission, and then the final order should be approved by a majority vote of the Commission. (NA for Chapter 12 Hearing) 4. Commission members should follow Resolution No. 95 -26 (copy attached) in regard to ex parte communications. March 23, 1998 (Revised 9/21/07) Alan C. Jensen, City Attorney AGENDA ITEM # 8A OCTOBER 22, 2012 CITY OF ATLANTIC BEACH POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247• -5859 FAX: (904) 247 -5867 www.coabms October 10, 2012 Suzanne Leviseur 330 Magnolia Street Atlantic Beach, Florida 32233 RE: Notice of Violation m- City of Atlantic Beach, Code of Ordinances, Sec 124 (14) a- Nuisances Enumeration ® Animals Dear Ms. Leviseur_ This written notification of nuisance Please be advised that 1, as designee of the city manager as required in Section 12-2 (a), have found the property referenced above to be in violation City of Atlantic Beach, Code of Ordinances Section 12-1. Nuisances Enumeration -Animals: Section 12 -1 (14) (a) Animals shall not be kept on property in a manner that causes any one (1) or more of the following: creates unsanitary conditions; is a source of infestation by insects or rodents; creates physical conditions that endanger the health or safety of humans, that are detrimental to property values, or that tend to degrade the appearance of a neighborhood (d) It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care. or control, to commit a- nuisance by running at large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitualiy;.or by doing any otherthing habitually which is so offensive as to create a nuisance. For purposes of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one (1) month; except that barking habitually or making other objectionable animal noises habitually means making the sound AGENDA ITEM # 8A OCTOBER 22, 2012 persistently or continuously for at least thirty (30) minutes occurring at least three (3) separate times within a period of no more than thirty (30) days. You have three (3) Pit Bull or Pit Bull mixes being kept at the property identified above that belong to you and/or your daughter, Cecilia Babillis. The animals frequently run loose in the neighborhood endangering the safety parsons in the area by their unprovoked, aggressive behavior. Two of the-dogs also have documented unprovoked attacks on other domestic animals. I You and your daughter have received several citations this year for your dogs running at large, barking and one for a bite. Ms. Babillis has also been charged with a nuisance violation due to the repeated violations. In conjunction with this notice, you have been served with three (3) written notifications that initial determinations have been made for each of the three (3) dogs that sufficient cause exists for the police department to classify the dogs as dangerous under City Ordinance 4-10. Contained within those notices are lists of the specific actions of each dog, which have also been the cause of the nuisance. Specifically the incidents substantiate that the dogs have created the conditions which violate sections (a) and (d) quoted above. This letter requires that you safely confine your dogs on your property in a secured fenced or enclosed area. You are hereby notified that you have three (3) days from your receipt of this notice to make any corrections necessary. Failure to safely confine these anirhals will result in the city remedying the condition by immediately impounding the dogs at your expense. You have the right, within the three'(3) days allotted for correction, to make a written request to the city commission for a hearing before the body to show that the cortditions(s) does nbt constitute a public nuisance. At the hearing, you may introduce such evidence as you deem necessary. It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health, s4ety and welfare of the City and its residents; accordingly your immediate attention in this mattbr is required. Sincerely, Michael b. Classey 0 Chief of Police AGENDA ITEM # 8A OCTOBER 22, 2012 October 13, 2012 City Commission City of Atlantic Beach 850 Seminole Road Atlantic Beach, FL 32233 RE: Notice of violation -- City of Atlantic Beach, Code of Ordinances, Sec 12 -1(14) — Nuisances Enumeration —Animals To the City Commission of the City of Atlantic Beach: This is my written request for a hearing before the body to show that the conditions of my property do not constitute a public nuisance. In an attempt to save the commission's time, 1 offer the fact that my dogs are kept in the house at all times unless they are being walked on a leash or are in our back yard which Is enclosed by a six foot high privacy fence. The problem of my ,dogs running loose has been either my daughter (Cecilia Babillis) taking them outside to play in the front yard or the street without a leash, or with an inappropriate collar and leash that they have slipped out of. We have purchased collars of the choker chairs type and are now using them. She now understands the severity of her actions and understands that she is net to take any of them out without one of these collars and leashes. Please lot me know if and when we need to appear before the city commissionr I apologize for the inconvenience we have caused the police department as well as the city commission. Sincerely, Al ''Suzanne LeViseur 330 Magnolia Street Atlantic Beach, FL 32233 cc: Michael D Classey, AB Chief of Police AGENDA ITEM # 8A OCTOBER 22, 2012 Sec. 12 -1. - Enumeratioro. It shall be unlawful for any p �.� =` (a) erson or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well -being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: ( For any person to cause or allow any animal carcass or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. (2) (3) (4) (5) (6) (7) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain on or in any public or private property, house or building, sewer, or gutter, any filth, or rubbish of any kind. For any person to allow, suffer or permit any lot, premises, or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing of filth or rubbish of any kind. For any person to allow, suffer or permit stagnant water to accumulate either above or below the ground, or to allow the propagation of mosquitoes therein. For any person to keep, herd, and feed any large animals such as but not limited to hogs, horses, and goats or any small animals in any manner which may be injurious to the health and well -being of any person due to noxious odors, noise, etc. For any person not to post, secure, or safeguard any hazardous condition which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied loft. This includes any abandoned wells, shafts, basements, excavations, construction sites, as well as structurally unsound fences or structures. AGENDA ITEM # 8A OCTOBER 22, 2012 For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable motor vehicles, refrigerators or other iappliances, household furniture, glass, building material, building rubbish, or similar items. ( For any person to allow, suffer or permit any building or structure which, by storm damage, fire, decay or other cause to become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested so that it creates a hazard to the health or safety of the occupants or the public. ( For any business owning shopping carts to allow such carts to be removed from its premises unless a written policy is in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights -of -way, apartment complexes, undeveloped- lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt, debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants, shrubs, or trees to exceed a height of more than twelve (12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property, or city right -of -way. (12) For any person to discharge water from a water- source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (13) For any person to allow a building or structure to be partially demolished or partially constructed, and to then allow such condition to exist, without any demolition or construction activity, for a period of six (6) months. a. The owner of any such property may request an extension of a city - issued demolition or building permit from the building official. The decision of the building official may be appealed to the city AGENDA ITEM # 8A OCTOBER 22, 2012 commission by written request within twenty (20) days of the decision. When any demolition project is completed according to a city - issued permit which results in partially demolished buildings or structures remaining, then in that event the owner must commence construction /rebuilding activities within six (6) months of completion of the demolition. C. Any partially demolished or partially constructed building or structure that remains for six (6) months without any activity (activity shall mean passing at least one city construction inspection) is hereby deemed to be an eyesore, creating a situation or condition that adversely affects the aesthetic appeal of the city, and shall therefore constitute a nuisance subject to the requirements of this chapter. Any action taken by the city pursuant to this chapter against any such property shall be for the purpose of protecting the appearance and public health of the city. (14) Nuisances. a. Animals shall not be kept on property in a manner that causes any one (1) or more of the following: creates unsanitary conditions; is a source of infestation by insects or rodents; creates physical conditions that endanger the health or safety of humans, that are detrimental to property values, or that tend to degrade the appearance of a neighborhood. 1 Whenever an animal defecates upon any property not owned, leased, rented, or otherwise in the care, custody or control of the animal's owner, the animal's owner shall immediately remove and properly dispose of feces. The only exception is by permission of the property owner. C. An owner shall remove and properly dispose of feces and other animal wastes on owner's property so as to avoid noxious and nauseous odors that are irritating, annoying or offensive to a person of normal sensibilities; or that are injurious to human, plant or animal life; or that reasonably interfere with the use and enjoyment of property. AGENDA ITEM # 8A OCTOBER 22, 2012 el It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. For purposes of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one (1) month; except that barking habitually or making other objectionable animal noises habitually means making the sound persistently or continuously for at least thirty (30) minutes occurring at least three (3) separate times within a period of no more than thirty (30) days. (Ord. No. 55- 82 -20, § 1, 3- 22 -82; Ord. No. 95- 89 -43, § 1, 1 -8 -90; Ord. No. 95- 02 -80, § 1, 11- 11 -02; Ord. No. 95- 04 -88, 7- 26 -04; Ord. No. 25- 08 -38, § 4, 2- 25 -08; Ord. No. 95- 08 -95, § 2, 3- 27 -08) Sec. 12-2. - Notices, hearings, abatement of conditiona.f_'" (a) Whenever it is determined by the city manager or his designee after investigation that any acts, occurrences or conditions prohibited by section 12 -1 have happened or exist within the city, the city manager or his designee may, by order in writing, direct any nuisance affecting the sanitary condition of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property. Where formal notification cannot be served upon the owner, occupant or custodian or public safety precludes the use of certified mail, the order shall be posted in a conspicuous place upon the premises. (b) Upon written notification, or the posting of the property, and within the time allotted for correction, the owner and/or occupant of the property may make written request to the city commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and /or occupant may introduce such evidence as deemed necessary. (c) If within the time allotted, the condition described in the notice has not been remedied, the city manager or his designee shall cause the condition to be remedied AGENDA ITEM # 8A OCTOBER 22, 2012 by the city at the expense of the property owner and /or occupant. If a hearing has been held and has concluded adversely to the property owner and /or occupant, the city manager or his designee may cause the condition to be remedied by the city at the expense of the property owner and /or occupant unless the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses shall become payable immediately, and a special assessment lien and charge will be made and recorded upon the property which shall be payable with interest at the rate of ten (10) percent per annum from the date of the certification until paid. The lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of the lien shall be recorded in the public records of Duval County, Florida, and may also be filed in the office of the city clerk. (Ord. No. 55- 82 -20, § 2, 3- 22 -82; Ord. No. 95- 04 -88, 7- 26 -04; Ord. No. 95- 08 -96, § 1, 9 -8 -08) Sec. 12 -3. - Reserved Editor's note-- Ord. No. 95- 04 -88, adopted July 26, 2004, repealed § 12 -3 which pertained to penalties for violation of this chapter and derived from Ord. No. 55- 82- 20,3, 3- 22 -82. AGENDA ITEM # 8A OCTOBER 22, 2012 CITY OF ATLANTIC BEACH POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5867 www.coab.us October 10, 2012 Suzanne Leviseur and Cecilia Babillis 330 Magnolia Street Atlantic Beach, FL 32233 Re` Dangerous Dog Declaration Lola Dear Ms. Leviseur and Ms. Babillis: The purpose of this letter is to advise you that per city code section 4 -10, the Atlantic Beach Police Department, which is the animal control authority for Atlantic Beach, has made an initial determination that there is sufficient cause under the city code to classify your dog, Lola, as dangerous. She has, on numerous occasions, when unprovoked, chased or approached 'a person in a menacing fashion or apparent attitude of attack. She has also severely injured a domestic animal while off your property. The following is a list of incidents reported to Animal Control by several residents and other witnesses; however additional complaints continue to. be filed. • August 2011 — Two of your dogs identified as Jack and Lola were being walked in Howell Park by Ms. Leviseur. The dogs broke loose and viciously attacked another dog causing several lacerations, which required sutures and surgery. The dog has permanent scarring as a result of the attack. • July 26, 2012 - there was a young girl about 5 -6 years old riding her bike down Magnolia Street accompanied by her Grandmother. Both Jack and Lola came running down the street and aggressively approached and circled the little girl. Another woman was in the area and had a stick. She stepped in between the dogs and the little girl to block them until Ms. Babillis was able to grab the dogs. • August 10, 2012 — a contractor was working at a local resident's home when the brown and white Pit Bull ran at the man and was growling and snapping. • September 6, 2012 — A Magnolia Street resident had just returned home when he observed 3 unleashed dogs in the area. He removed a surfboard from his vehicle and when he turned around the three dogs were right there barking aggressively, growling deep and showing teeth. One of the dogs lunged at him and he had to swing his surfboard at it to keep it back. The victim believes that swinging the surfboard was the only thing that kept the dogs from biting him. . • September 10, 2012 — A person coming to visit a resident on Magnolia Street noticed two Pit Bulls running loose in the street as she approached her friend's driveway. The brown and white dog charged at the vehicle while in the driveway. The driver was too afraid to exit the vehicle until the owner arrived and took the dog away. . • October 7, 2012 —A Magnolia Street resident was taking the trash out when he observed Lola about 150 feet away from him, unleashed and in the roadway. The dog came charging at him at full speed. The resident was holding a set of shears in his hand AGENDA ITEM # 8A OCTOBER 22, 2012 and started to waive it at the dog. The resident believes that had he not done so, he would have been attacked. October 9, 2012 — A contractor was working at a residence on Magnolia Street when he saw a young lady walking two pit bulls (one black and one white /tan). The black dog was barking at hire and trying to break free, lunging at him. Then the white and tan dog came out of nowhere charging him at a rapid speed growling, bearing its teeth and snapping at the man. He was fearful of being attacked so he kicked the dog. It retreated briefly and then circled back charging him a second time, again growling and snapping at him. The owner was trying to call the dog, but it ignored the commands. The contractor stated that both dogs appeared extremely aggressive for no reason and completely out of control. You will note that in some of these incidents more than one dog (Lola) was present. The incidents listed here are for the sole purpose of describing Lola's behavior only. These incidents were investigated by Animal Control Officers Kelley Caton and Fonda Spratt as well as Police Detective Sergeant Jon Tusing and it was determined that the aggressive dog appears to be a brown and white Pit Bull or Pit Bull mix named Lola. Both of you have made statements that the dog belongs to you. As such, this written notification is addressed to both parties. After reviewing the reports and statements submitted to the Animal Control Officers, 1 have determined that the actions of your dog are prohibited as a violation of city code sections 4 -10 (1) (b) and (d) under the Dangerous Dog Section. Enclosed you will find a copy of the City of Atlantic Beach ordinances sections 4 -10, 4 -11 and 4 -12 dealing with Dangerous Dogs to assist you in understanding what this classification entails. City Ordinance 4 -11 (1) (a) requires that any animal that is the subject of a dangerous dog investigation shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the resolution of any hearings related to the dangerous dog classification. Failure to securely confine this animal will result in additional civil and/or criminal actibn(s). Under city code section 4 -11 (1) (c), you have the opportunity to have a hearing before the City of Atlantic Beach Code Enforcement Board before a final determination is made. If you wish to have such a hearing, you are required to file a written request within seven (7) calendar days from the date of receipt of this notification. Please direct any such request to the attention of Commander Victor Gualillo. Sincerely, # * U4 V� Michael D. Classey Chief of Police Enclosure AGENDA ITEM # 8A OCTOBER 22, 2012 CITY OF ATLANTIC BEACH POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5867 www.coab.us October 10, 2012 Suzanne Leviseur and Cecilia Babillis 330 Magnolia Street Atlantic Beach, FL 32233 Re: Dangerous Dog Declaration - Jack Dear Ms. Leviseur and Ms. Babillis: The purpose of this letter is to advise you that per city code section 4 -10, the Atlantic Beach Police Department, which is the animal control authority for Atlantic Beach, has made an initial determination that there is sufficient cause under the city code to classify your dog, Jack, as dangerous. He has, on numerous occasions, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack. He has also severely injured a domestic animal while off your property. The following is a list of incidents reported to Animal Control by several residents and other witnesses; however additional complaints continue to.be filed. ® June 10, 2011 — Magnolia Street resident was walking towards her car when she was instantaneously approached by Jack who stood in front of her with his head down, growling with teeth bared and ears up. She was terrified that she was about to be attacked. Dog owner eventually came out and took the dog away. August 2011— Two of your dogs, identified as Jack and Lola, were being walked in Howelt Park by Ms. Leviseur. The dogs broke loose and viciously attacked another dog causing several lacerations, which required sutures and surgery. The other dog has permanent scarring as a result of the attack. ® May 3, 2012 — While Ms. Babillis was on the beach with Jack unleashed, he ran towards a leashed dog and proceeded to attack the other dog. Jack grabbed the other dog by the back of the neck and was shaking him vigorously qausing two puncture wounds. o May 20, 2012 — A contractor was working at a Magnolia Street address when the brown Pit Bull came charging down the street towards him. The dog was within 2 feet of him and had its head down growling, barking and showing his teeth. The contractor believes the dog was overly aggressive: • July 18, 2012 —A Magnolia Street resident was standing in his driveway when Jack came at him quickly with head down and growling with teeth bared. The dog circled him 3 times and he was extremely fearful for his safety. • July 26, 2012 - there was a young girl about 5 -6 years old riding her bike down Magnolia Street accompanied by her Grandmother. Both Jack and Lola came running down the street and aggressively approached and circled the little girl. Another woman was in the area and had a stick. She stepped in between the dogs and the little girl to block them until Willi was able to grab the dogs. AGENDA ITEM # 8A OCTOBER 22, 2012 August 14, 2012 — A woman and young girl were walking down the street when the solid brown dog charged at them. The dog had its head down low to the ground acting very aggressively and squaring up to the people as it circled them. The owner finally came to retrieve the dog. September 6, 2012 — A Magnolia Street resident had just returned home when he observed 3 unleashed dogs in the area. He removed a surfboard from his vehicle and when he turned around the three dogs were right there barking aggressively, growling deep and showing teeth. One of the dogs lunged at him and he had to swing his surfboard at it to keep it back. Victim believes that swinging the surfboard was the only thing that kept the dogs from biting him. You will note that in some of these incidents more than one dog (Jack) was present. The incidents listed here are for the sole purpose of describing Jack's behavior only. These incidents were investigated by Animal Control Officers Kelley Caton and Fonda Spratt as well as Police Detective Sergeant Jon Tusing and it was determined that the aggressive dog appears to be a brown Pit Bull or Pit Bull mix named Jack. Both of you have made statements that the dog belongs to you. As such, this written notification is addressed to both parties. After reviewing the reports and statements submitted to the Animal Control Officers, I have determined that the actions of your dog are prohibited as a violation of city code sections 4 -10 (1) (b) and (d) under the Dangerous Dog Section. Enclosed you will find a copy of the City of Atlantic Beach ordinances sections 4 -10, 4 -11 and 4 -12 dealing with Dangerous Dogs to assist you in understanding what this classification entails. City Ordinance 4 -11 (1) (a) requires that any animal that is the subject of a dangerous dog investigation shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the resolution of any hearings related to the dangerous dog classification. Failure to securely confine this animal will result in additional civil and /or criminal action(s). Under city code section 4 -11 (1) (c), you have the opportunity to have a hearing before the City of Atlantic Beach Code Enforcement Board before a final determination is made. If you wish to have such a hearing, you are required to file a written request within seven (7) calendar days from the date of receipt of this notification. Please direct any such request to the attention of Commander Victor Gualillo. Sincerely, filwe .0 1) Michael D. Classey Chief of Police Enclosure AGENDA ITEM # 8A OCTOBER 22, 2012 CITY OF ATLANTIC BEACH POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5867 www.coab.us October 10, 2012 Suzanne Leviseur and Cecilia Babillis 330 Magnolia Street Atlantic Beach, FL 32233 Re: Dangerous Dog Declaration - Jewel Dear Ms. Leviseur and Ms. Babillis_ The purpose of this letter is to advise you that per city code section 4 -10, the Atlantic Beach Police Department, which is the animal control authority for Atlantic Beach, has made an initial determination that there is sufficient cause under the city code to classify your dog, Jewel, as dangerous. She has, on numerous occasions, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack. The following is a list of incidents reported to Animal Control by residents and /or other witnesses; however additional complaints continue to be filed. • July 26, 2012 — A visitor at a Magnolia Street address pulled into the driveway when the black dog aggressively approached and circled the vehicle. As the person exited the vehicle, the dog charged at the person while baring its teeth. • August 21, 2012 — A visitor at a Magnolia Street address was walking to her vehicle in the driveway when the black dog blocked her path. The dog was not more than 6 inches away and was barking. Ms. Babillis was calling the dogs, all three were loose at the time, but they did not listen. Babillis finally came up and had to physically carry Jewel away. • September 6, 2012 — A Magnolia Street resident had just returned home when he observed 3 unleashed dogs in the area. He removed a surfboard from his vehicle and when he turned around the three dogs were right there barking aggressively, growling deep and showing teeth. One of the dogs lunged, at him and he had to swing his surfboard at it to keep it back. The victim believes.that swinging the surfboard was the only thing that kept the dogs from biting him. • October 9, 2092 —A contractor was working at a residence on Magnolia Street when he saw a young lady walking two pit bulls (one black and one white /tan). The black dog was barking at him and trying to break free, lunging at him. Then the white and tan dog came out of nowhere charging him at a rapid speed, growling, bearing its teeth and snapping at the man. He was fearful of being attacked so he kicked the dog. It retreated briefly and then circled back charging him a second time again growling and snapping at him. The owner was trying to call the dog, but it ignored the commands. The contractor stated that both dogs appeared extremely aggressive for no reason and completely out of control. You will note that in some of these incidents more than one dog (Jewel) was present. The incidents listed here are for the sole purpose of describing Jewel's behavior only. AGENDA ITEM # 8A OCTOBER 22, 2012 These incidents were investigated by Animal Control Officers Kelley Caton and Fonda Spratt as well as Police Detective Sergeant Jon Tusing and it was determined that the aggressive dog, appears to be a black Pit Bull or Pit Bull mix named Jewel. Both of you have made statements that the dog belongs to you. As such, this written notification is addressed to both parties. ; ' After reviewing the reports and statements submitted to the Animal Control Officers, I have determined that the actions of your dog are prohibited as a violation of city code sections 4 -10 (1) (d) under the Dangerous Dog Section. Enclosed you will find a copy of the City of Atlantic Beach ordinances sections 4 -10, 4 -11 and 4 -12 dealing with Dangerous Dogs to assist you in understanding what this classification entails. City Ordinance 4 -11 (1) (a) requires that any animal that is the subject of a dangerous dog investigation shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the resolution of any hearings related to the dangerous dog classification. Failure to securely confine this animal will result in additional civil and /or criminal action(s). Under city code section 4 -11 (1) (c), you have the opportunity to have a hearing before the City of Atlantic Beach Code Enforcement Board before a final determination is made. If you wish to have such a hearing, you are required to file a written request within seven (7) calendar days from the date of receipt of this notification. Please direct any such request to the attention of Commander Victor Gualillo. Sincerely, Michael D. Classey Chief of Police Enclosure AGENDA ITEM # 8A OCTOBER 22, 2012 M M N N M LL U N m U C W Q N (6 O C m ca O M M U) r O d V C z C Q d d V d V d ❑ V C r Q O . o U U U U (C Z Z Z N c. O E O O O O O ¢ Lo N C. ¢ ¢ Z O d• V Nr V' Z " z C) O } } } o Z } } O Z o Z V to N U1 U1 N N N N N N Q cu N ` m N N N N m n a 0 m o 0 -0 -0 ca a� m� C ) 7 ° C .0 _ cl) U :3 U 2 C O Q m cA 0 m m m �0 C 0 m m 03 m C C. pa) (D a c m N o. c a °)ma r L N ° N o N m 3 Y C to O m m p) O O c T m m E m S N m a ' mm C m O a C -Q .c O O N ca !� C ,«`- Y O c E 7 m N m ° m .G �`o c T 3 (D > (D m` O m (o (D 3 m 3 r Qi oa (U g -0 a -' c a`�c u m c c = 0) o .6) °' j t > N U a u m aci m w c of C (D D) m° c (D c >a 3 "o -0 ° ° r . } m.. 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Q Q Q Q AGENDA ITEM «s Oc oar 22 k e \ q 3 k co : k \ k n a E m � \ k k 0 > k $ k � $ 0 0 q � k m 2 / 7 « $ « E z z z R } « « « / z z z n Cl) z z z » » ƒ ƒ ƒ ƒ @ k k E j k k k 8 E 8 0 / 0 a cl m m 0 e o cm / f ° kk' /f -0 cc E7 �$!U)0c oR= cc -0 «_ ( ƒ /\� %7 Cc ¥2 ® E ¢ cn f/ ƒ2 E-0 » »°» §+ k]» cc cc f fa/ R :3 R 0 - o E �n m00g _ cc = c k2 = =c ee - GCE 0C Cl) 6 0(n yc § ®fR�o® c E = - c =e - . k - jE� M ¥&7/ 0 - k 0E cc CU 'a -0 e e o§ = -6�E ee =oeeep & ± A 3 m r— -cc REe® cu j- (n - 0(a U) oRkm En U E � cm 'a @ 5 e £ E K G$ E@ 3 f -0 iE15 o k E¥ & g 3:2 \ \ / \ CV e N m § § k \ ƒ / % n ƒ ƒ / k AGENDA ITEM # 8A OCTOBER 22, 2012 N° 4033 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904 - 247.5866 r Issued date: 4' L '" Violation Date: Time: < am pm Name: Craf t u A W , BA& LL,.) `s Phone: °')Otl —79—S-7 Address: 3 3C ) d I�d61 A 5 Apt: City PAIi AN D c 8 6AC A State: Zip: 2��� DOB: 2VJ 1 !Y 9 _ Sex: M F Race: White Black Other Driver's License: l `'41) 1!79 ' State: PL Exp: 90 / � Location of Violation: 32 ?� PTA600WA Viewed: Affidavit: / Remarks: b6G CO?�61 flees peN Animal(s) Description: Breed: P(T 8 J L L- Dog: Cat: Other: Color: OR E2 L ✓ � f��l7�n +Male: Female: Collar: Spayed/Neutered: y � Witness /Complainant: Atlantic Beach Animal Control Vii 4 -24 Running at large 4 -25 Leash require 4 -26 No immediate clean -up -- �1 =27 is urbing the peace 4 -28 Improper restraint 4 -28 Biting 4 -30 Animal in heat Other: Animal tranquilized: yes/ no Animal impounded: yes /no Kenneled I Violation 2nd Violation 3 Violation Aations 4 -26 Damaging property 4 -28 Neglect — shelter 4 -28 Neglect— water /food days This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone.at (904) 247 -5816. See reverse side for penalties and options Issuing Officer: l �' Title: ID#: I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is a misdemeanor of the second de ee punishable by a fine up to $500 and up to 60 days in jail (Florida State atute 82&,2= . `—/f /7 Signature of Defendant: AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DEPARTMENT 850 SENDNOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5899 http: / /www.coab.us Animal Complaint Affidavit I have been warned. of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I fiirther state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is Andy Huffinan I live at 11447 Harlan Drive, Jacksonville, FL 32218 , Address City State and my telephone number is _ (904) 838-9920 Name/Description of Animal: Two Pit Bulls — (one black and one white /tangy Name /Address of Owner: 330 Magnolia Street, your e r lady Time and Date of Incident: October 9, 2012, approximately 11:20 a.m. Describe the incident: I was standing near the garage reading a manual regarding the lights that I was hired to install at 338 Magnolia Street I noticed a young lady walking south with two pit bulls (one black and one white /tap) As the pit bulls were just north of the chiveway the black pit bull was barking at me and ti i�ng to break free Rom the owner and lunge towards me but she yanked it back I then heard more barking and the white /tan pit bull came out of nowhere and was charging at me at a rapid speed, yowling, bearing its teeth and snapping at me I was immediately fearful of being owner put both dogs in the home then came back to ask if the dog had. bit me I feel that if a dog or small child had been present the pit bull most certainly would have mauled a dog or small child. Both dogs appeared to be extremelyaguessive for no reason and completely out of control. I do hereby certify that I have read the preceding statement and that it is to the best of my knowledge and belief. ,x � Signature of Pers6n Making Statement Signature of Parent or Guardian if Minor S rn vtsu ri e efore me thiday o 20 ame f p erson m ate (N q p g st ment) STATE OF FLORIDA Notary Seal: If Produced ID, " � 0 Notary Public /Officer �-� K(tu A WOE ( -17 Print, Type, or Stamp Name Personally Known OR Produced ID ,\ type &number C 4. 1 -T�� _ 3 _U AGENDA ITEM # 8A OCTOBER 22, 2012 N° x•032 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904-247 -5866 ' T � Issued date; 16 16 ` Violation Date: Ja / Time: •-- •. — am Name: CE C (L.1 A t ' C 1 Phone: c 7o q 7!3 q,7 7 Address: 2 3 O M AGE J t i A Apt: City: A Tt- IJ `r/ {r_� &FAC11 State: IPL Zip: DOB: ;& // / q 9- Sex: M F Race: White Y Black Other Driver's License: R I q l �j ` � c � State: AL Bxp: Location of Violation: P7 AGA d b t � � / Viewed: Affidavit: Remarks: (s 0 - 40 � �-�t -� 1� _W1J&F, N� SAS :: r-A4 / t36 ci ur i )zAS 4� AnimaI(s) Description: Breed: P( T Dog:Y Cat: Other: Color: _ ��7eo v"/". t (T� Mahe Female: ,X_ S Collar: Spayed/Neutered no B Witness /Complainant: yo �' QoVd3/ Atlantic Beach Animal Control Violations 4 -24 9 lar 4 -25 Leash required 4-26 Damaging property 4- ate clean -up 4- peace 4 -28 Neglect - shelter 4•-28 Improper restraint 4 -28 Biting 4 -28 Neglect - water /food 4 -30 Animal in heat Other: Animal tranquilized: yes / no Animal impounded: yes/ no Kenneled days 1 Violation 2` Violation 3 Violation Othe • S/tJC Zao li This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247 -5816. See reverse side for penalties and options Issuing Officer; V C `_- y J _ Title: PAa ID#: 36 I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and acce t this citation is a misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail "ida Stat tatu 82�,27y Signature E AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DF,I?A'RTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 T F LEPHONE: (904) 247-5859 FAX: (904) -5899 http://www.coab.us Z I Animal. Complaint Af f iclat , , llavo been - warned of my constitutional rights 1cWoWA C at! ' do not have to . ... 1 0 make any statement at this time. I am freely and volu ma t h e f 1 o ' a win g, in 9 , Im -,vin 9 fall well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no. &oMise' "of rewar'a,or immunity. e My - nainc, is v I live at �"-Yx /-/�w Address _ State and. my telephone number is—P S - Name/Descriptionof Animal: Name/Address of Owner: Time and Date of Incident: A Describe the incident: w- —�� Z 14 1 q Id � A) // gl- C10 r q1A- Y\ 6d AGENDA ITEM # 8A OCTOBER 22, 2012 Continuation of Statement (!?,, Ica / "1 I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. Signature of Person Malting Statement STATE OF FLORIDA Pag of pages Signature of Parent or Guardian if Minor SWAM to and bscribed before me this ( � day of 20 y by (Name of person making statement) Notary Seal: _ 'l 1 �' lk °c /Officer DONNAS. MOSS Commission # EE 191604 to, Ex iresAu u 5 p Name Personally Known OR Produced ID If Produced ID, type & number .9 -y- Issued date: Violation Date: f t �— j a : 00 Tie' am / m Name: Phone, Address: 2`J0 Apt: City: —rz- PAj — n (' Gg State: Zip: — DOB: j l Sex: M F Race: White )( Black Other Driver's License: State: _� Exp. Location of Violation: M AGMoi to Viewed: Affidavit: _ Remarks: a AJO L1 Animal(s)Description:Breed: Pt U. — Dog: Other. Color: N.. j A ct , I'D 14 [ - F6 , �� C Male• / _ Witness /Complainant: Q0 " C Female: Collar: Spayed/Neutered: yes/ no AJ Atlantic Beach Animal Control Violations O� 4-24 �Jrnmediate 4 -25 Leash required 4 -26 Damaging property an -up 4 -27 Di sturbing the peace 4 -28 Neglect — shelter 4 -28 Improper restraint 4-28 Biting 4-28 Neglect— water /food 4-30 Animal in heat Other: Animal tranquilized: yes / no Animal impounded: yes/ no Kenneled days � + � � l. Violatioif 2° VioIation 3" Violation -'k This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, - 'Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247 -5816. See reverse side for penalties and options Issuing Officer: s Title:. ID#: I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sim and acce t this citation is a misdeme r of the second de ee punishable by a fine up to $500 and up to 60 days in jail (Florida State,Statn�828.27 _ Signature of Defi AGENDA ITEM # 8A - -- OCTOBER 22, 2012 POLICE DEPARTMENT 850 SENMOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5899 http: / /www.coab.Us Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing fall well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is a ld I live at s 5 q ffiaq ddres J City State and my telephone number is (Mfj Name/Desciiption p f Animal: Arouk, + E Name /Address of Owner: Time and Date of Incident: ) a: 00� Xq Describe the incident: G' e &T Vc:�- hakz" Vs(111 i Ydb W1 UWJ 4 ��a`�d�h��'s I}CIN'� - J rS+ 4�� "BHA P y+ » -�-w, A °�, )1 J s• �C�n i y fn A L OVER ,s , Continuation of Statement Page AGENDA ITEM # 8A OCTOBER 22, 2012 of pages I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. Signatur o Person Making Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA ffan before me this -� 1 5t day of s -yAer, 2p 1 "L b y I T 5 Na me of person making statement) Notary YuWic /Officer to 014 uickn& t 2094 Underwriters Perso If Produced ID, type & number T NGrqvcs , Print, Type, or Stamp Name fly Known. OR Produced ID AGENDA ITEM # 8A OCTOBER 22, 2012 N© 4902 ANLVIAL CONTROL CITATION C)CT . ATLAITIC.DEACH,FLURTDA 804.247 58 66 bsueddate: V f iolationDate: � 1 lixtte: r �7 - -- am pm v % 0 ' Name: C� �, L 1 !�� rl Phone fC ✓1 Address: Apt" City: _ Arb AA) r Z C_ 13EAC/A State: _ V � Zip: �..— DOB: Sex: M F Race: W13itb Black Other t '� t . ' Driver's License. '1 �* f '! 1 State: !�° ' Bxp. Location of Violation* _5 CK)o6j � M A A Viewed: � Affidavit: Remarks: L bOG 1,11 � f►! 1 j C � � ? .� { :.. � f rl J�f Animal Descxiptim Weed: Do' Other; Color: tl1sJ t4 d - Wle: • Female :." Collar: Spayed/Neute:re 110 w ituess /Complainant: Atlantic Beach Animal. Control Violations 4- 24 s ¢2 Leash required 4 Damaging property : { i._.. �, - immediate cleari:up 4 -27 Disturbingtl�eReace. _ 4 - Neglec ; s elFer -472 hmproperrestraint .4- •2$.13iting : 4 28 N�g�ect— vgater /good, 4-30 Animalinheat Other: Animal tranquilized: yes /no Animal impounded: yes I no Kenneled days i Violation 2 -d Violation �. a " Violation - "-)..... Other - This citation may be paid by mail or in person to the cashier at .Atlantic Beach City Hall, $00 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open. Monday Fxiday, 8 AM to,5 I% excluding hoiidays., The cashier dais be�feached'by phbir�� a$ {904) 24'7�51�'1.,�.•` , . ' .. ::'`' _ , .: ... . • ' • . . ,' ee reveirse szdc �or�penalti�es arid' ototions .. .. - :. . • .' . .. ... Issuing Officer: i" Z, i A �a i�) Title: 4 ID#/: I have read the above and understand,the aharge•and tha; opxians set :fogh by, e• ai ' �f.Allantie; Beach Municipal Ordinances. Refusal to si and acre t this citation is a misdemeanor of se degree punishable by a fine up to $500 and up to 60 days in jail (Florida Statc_Wtuto 13 Signature o$Defendant: ATLANTIC Animal Complaint Affidavit AGENDA ITEM # 8A OCTOBER 22, 2012 FAX: (904) 247 -5899 bft-/IwwWxoab.us • I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is t i L 4A 6 7 0 A 10 ie—kc Ilive at 6 6 A &'d '-S)IYi -N J7 )cc x c-�L Address _ City State and my telephone numb or is 5 j f G f, . zw Name /Description of Animal: J �. f t )�l Name /Address of Owner: l I' LL. 1 � ��� �� 0- vi � Lt � Time and Date of Incident: �A� � / f /() _`" s- Describe the incident: OVER AGENDA ITEM # 8A OCTOBER 22, 2012 : I do hereby certify that I have read the preceding statement and mat it is true to the best of my knowledge and belief. - Signae /of Person lV g Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA l worn to � f and subscribe bef re me thi day o Y f �2p (� b G s . (Name of person making statement) Notary Seal: Continuation of Statement Page ` of O pages Issued date: 6 7 / / ' 2— Violation Date: Time• �'. � ain in Name: P�6.e( Address: 7 � . P0 0 d•f ^ .Apt: e • City: P 7 lr!� % A/91 _ State: Zip: y DOB: j Sex: M F Race: White BIacck Other r Driver's License: L I & state Exp. �9 i LL Location of Violation: M A O L / Viewed: Affidavh ' ^: Remarks: b - 6 Gr.1 n�0 U, Animal(s) Description: Breed: - Dog. Cat: Other: Color: �# t� Maie: Female: V Collar: SpayedWeutered:�es /}no �� - �Y Atlantic Beach Animal Control Violations 424 Running at large 425 Leash required 426 Damagii t property eclean -up : 427 D_istusbmg the peace 4-2& Neglect - shelter 428 Improper restraint. 4-28 - Bit__ing 4-28: Neglect— waterJfood A-30 Animal in heat, t .-Other.. .Animal tranquilized: yes / no Animal impounded: yes / no Ke ree led days 1 Violation 2nd Violation �rd. Viola tio Other. K,oThis citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantio Beach, Florida, 32233, The cashier is open Monday- Friday, 8 AM to 5 PM, excluding holidays. The cashier can b-, reached byplione at (9 04) 9-47-5 816- See re'erse'side for R6nalti- and aptitons Issuing Oicer: d� Title: ID#: I have read the above and. charge and the *options set,forth by-the. City of Atlantic Beacli Municipal Ordinances. Refusal to sim and acce t this citation is a migdememgkof the second de ee punishable by aline up to $500 and up to 60 days in jail (P State SYA"28.27). �{ Signature of Defendant: rM AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DEPARTMENT 950 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAY- (904) 247 -5899 I1ttPJ /www.coab.us Animal Complaint Affidavit . I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I a.m. freely and voluntarily make the following, Imowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is Officer L.A. Redfern 1434 I live at: 850 Seminole Rd Atlantic Beach, F> , Address City State and my telephone number is 904 - 247 -5859. Name/Description of Animal: Brown and white pit bull Name /Address of Owner: CECILU BABILLIS / 1330 Magnolia Street Atlantic Beach Time and Date of Incident: 9/7/2012 4:57pm (12 -15096) Describe the incident: I observed a brown and white pit bull running south on Magnolia Street barking and running quickly past children and teenagers on their skateboards and bicycles. A young white female, Cecilia Babillis, emerged from the residence of 330 Magnolia and she and a young black female appeared to be running after the pit bull in attempt to catch it. After about 2 minutes Cecilia was finally able to catch the pit bull and placed it inside the residence of 330 Magnolia. At the time of the incident there was also two other pit bulls on the balcony of 330 Magnolia, barking and aggressively showing their teeth. I approached the Cecilia and asked her how long the pit bull had been running lose and she stated, "We were out here playing ball with her (pit bull) and she just kind of got away from us" I asked Cecilia if she knew her dog had to be on a leash and she stated, "It's kind of hard to play with a dog on a leash." I suggested that she play with the dog in the backyard of the home, because she could be fined for her dog not being on a leash, not to mention there are children around and the dog could bite one of thew. Cecilia stated she understood, and that Animal "Control has warned her before about the pit bull running around. Continuation of Statement Page _l of — 1_ pages I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. AGENDA ITEM # 8A OCTOBER 22, 2012 I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge Signature of I q&V Making Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA to Notary Seal: DIANE N. GRAVES *. *. MY COMMISSION # DD 953093 EXPIRES: April 24,200 14 Bonded Thru Notary Public Uddervaiters before me this 11 day of ' S - e m6r , 20 1 ), by of person making statement) �j MA� Y V Notary Public /Officer J Gy v Cs Print, Type, or Stamp Name Personally Known OR Produced ID_ If Produced ID, type & number A Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is 1A/1 I live at ` PA I 5` A €t h � -z��- F Xddress City State and my telephone number is Name/Description of Animal: -3 •;7hT Or Name /Address Owner: 333) Md4t,A +"tee i tit Time and Date of Incident: T I'N , rSA 6, , ����� ��r � � - ac r . Ctp;, Describe the incident: 11 11 L k ?.f l'� I.iv s ii r1 .LL�A LDeIrA YIdVIA { 1�1 3v1� t Lk- c5"- n ., :'v', 3 1/Q :r iU. o A, - r ti -J 360 S� o _ �� LtlN �LZF�I�G# °�ry� i�21 �i�,a vY�t 1, k 4V' \4 ctwtr - r 1 ® , 1iJ �E� ST a wvv2� Lva csrkt'l a� :u Gc^CVL.tn1 h-� C i 1 n 9 , CR tJ L . �.1 Lid- �('1 'tn irV t vest ii f rJ" ;L_ rl ' � II t11 . 1 Vl.r�♦ s � i... F, 1 Lar .�` as rt O�� J�v� � e F OVER AGENDA ITEM # 8A (Nf TORRR 2) 9,012 AGENDA ITEM # 8A OCTOBER 22, 2012 Continuation of Statement Page of pages i rn.Zi Wig trv� �0. k v Li ✓vi y ';L,, f l 6 ; rGk lL? t� r] - 1 Ins vn r i lle' .o / J JAI, I�L �J 3 1 ' r k Q v j t ) z A 0 YV'\ CkL ."? el J 1"I 4 e,-" L ?Y1 I _a_ a 4't' LV'�� rw`� G�'G V ✓✓L D � S4 I ' A V q , S r tom. n�7� O Gcr 61 D c_ti S Gt T - -i'Q( . _J A I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief.- fit > Signature of Person Making Statement Signature of Parent or Guardian if Minor Sworn to and s bscribed before me this. day of � 20� by WV ,&W ` -tr—> . (Name of person making statement) INTlAug a a 11 14", ; ME4?LVN A. ALVARa Notary Public /Officer Notary Public - State of Florida # •_ My Comm. Expires Aug 5, 2013 / L ( �{� ; ?"Quo " , ;•` Commission # D® 913850 I V L� l`' Bow Through National Notary Assn. Print, Type, or Stamp Name Personally Known OR Produced ID v If Produced ID, type & number r - L 1 - -� ! 0 AGENDA ITEM # 8A OCTOBER 22, 2012 N° 4204 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904247-5866 VIdgPn Issued date: J 1 b - 7, Violation Date: gla l � 'Time; .' 60 ann pm Name: 5 UZANN � V 1 � LJP, Phone. C lo y / -7 0 ? j ° 6 3 1/-) Address: 3 I°'aac&Dw k 5 T Apt: City: f4TLAAJl l� jCFAC-4 a State: f° zip: I I L e'—<l DOB: � Sex: M F _V Race: White � Black Other Driver's License: 7 C) State: i" Exp: Location of Violation: M AGJQQ L,1 A _r Viewed: Affidavit: Remarks ..� _ A7 Z ��C � (D T A T - ) tJR1 r \ - - - .� Animal(s) Description: Breed; f Dog: Cat: Other: Male: } Female: Collar: Spayed/Neutered: yes / no Witness /Complainant: J /'15 LI P Jh N O P'.�'M A I Color: Atlantic Beach Animal Control Violations 24 Runnin at 1 4 -25 Leash required 4 -26 Damaging property 4-26 No immediate clean -up 4 -27 Disturbing the peace 4 -28 Neglect— shelter 4 -28 Improper restraint 4 -28 Biting 4 -28 Neglect— water /food 4-30 Animal in heat Other: Animal tranquilized: yes/ no Ai ' mpounded; yes/no Kenneled days 1 Violation " 3 Violation Other This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247 -5816. See reverse side for penalties and options. Issuing Officer: �� ( � Title: � ID#: I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is a misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail (Flor4 State Statute 828.27). Signature of Defendant: AGENDA ITEM # 8A OCTOBER 22, 2012 X92 4205 ANIN.IAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904.247.5866 Issued date: (' 0 1 16 1 i '� , * Violation Date: Time: am pm Name: SJ`Z-M& p4S 11-4-) S ASEU12, Phone: 1 7q 7o 0 3l Address: S3 0 h'1 A(')o C..1 /-\ S Apt: City W U-.4� M'rl c- EAC State: -P L Zip: 3,' 2- 33 DOB: Sex: M F A Race: White K Black Other Driver's License: 1 � �� ( (� e� State; Ex p: Location of Violation: N 6 j-,( iA S - r Viewed: Affidavit: _ Remarks: '�> t©c - 5 Ar L! -do- t Cl — rA (/C &)s w pa EACH D06 Animal(s) Description: Breed: 1'' i r 13L)UL Dog:X Cat: Other; Color: Male: Female: Collar: Spayed/Neutered: yes / no Witness /Complainant: 20- / NJI� No4�rn 4- � Atlantic Beach Animal Control Violations -- 4 -25 Leash required 4 -26 Damaging property 4 -26 No immediate clean -up 4 -27 Disturbing the peace 4 -28 Neglect-shelter 4 -28 Improper restraint 4 -28 Biting 4 -28 Neglect - water /food 4 -30 Animal in beat Other: Animal tranquilized: yes/ no Animal impounded: yes/ no Kenneled days 1 Violation 2 °( Violation 3 Violation Other This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phonc at (904) 247 -5816. See reverse side for penalties and options, Issuing Officer: , -ri Title: ID #: C I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is *a misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail (Florida State Statute 828.27). Signature of Defendant: AGENDA ITEM # 8A OCTOBER 22, 2012 N2 4206 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904247 -5866 Address: � LK2 NO t J tA Z) J - Apt: City: C.. f?s6A CA State: PL- zip: �� DOB: Sex: M F Race: White Black Other Driver's License; ( State; ��- Fxp; 0/ Location of Violation: ( �C'��, / `� Viewed: Affidavit: Remarks: ® � � C rA �O N-S LJ P-1 r� Ao! Foy Issued date: J0 i 0 12. Violation ' Date: J1/ �J Time; 00 am pm Name u� � 1 1 L,t�) ) k-L° -V) Se o1 Phone: d 1 4 — 7o ?S — �� l Animal(s) Description: Breed: PIT 1 1?)L)Z L_ Dog .4 Cat: Other Color: Witness /Complainant: Atlantic Beach Animal Control 'Violations 4 -24 Rennin e 4 -25 Leash required 4 -26 Damaging property 4 -26 No immediate clean -up 4 -27 Disturbing the peace 4 -2 Neglect— shelter 4 -28 Improper restraint 4 -28 Biting 4 -28 Neglect- -water /food 4 -30 Animal in heat Other: Male: Female: Collar: Spayed/Neutered: yes / no Animal tranquilized: yes / no mpounded: yes /no Kenneled days 1 Violation 2" 'Violatio 3 d Violation Other This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The casbier can b6 reached by phone at (904) 247 -5816. See reverse side f or penalties and options. K CA r AC's � 9 Issuing Officer: (J T itle: ID#• I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is a misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail (Florida State Statute 828.27). Signature of Defendant: 21 AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DEPARTMENT 850 SEMINOLE ROAD ATUANUC BEACH, FLORIDA 32233 TELEPHONE: (904) 247-5859 FAQ; (904)247-5899 htto-1Amv.coabxs Animal ComplaiRt Affidavit I hava been waded of my constitutional, rights and know that 1,do not have, to make any statehien I am freely &b following, know f statement, or any portion thereof, may be used against me o' any other UJI. well this St r peison. A time in aAy court, trial, or -other issue. I Rtffi6r state that I Nava not boon slabj ected to any tbreats or duress and have received no promise of reward or immunity. My name is ""RosayInA &P \ 4 1 t I live at 11b U CNG-O- 1 (k ava', T� L Mdrek)s city State and my telephone number is (A J) q � 2 Name/Description of Animal: 'D't ut1 rvl CI n � Name/Address of Owner: 3 1A 7- Ct h YN C ' 1) 1 1 1 5. 3 AU rvo I 0, S Time and Date of Incident: C.4 - 60no ah 4 � m an h,— Describe the incident: - L ImA v-jc trr,,u, 7 a j l rAooSn �Av, CAL TZ no V �\prr&- 6oas LwosL A Vta A CA R GnM%9P A L Lo a -, P-1, �� M. USX% 1 1 ' 4 . c X do hereby certify that X have read the preceding statement aid that it is true to the best of my knowledge and belief. Signature of Perso- - 6- along Statement' Signature of Parent or Guardian if Minor 4 A STATE OF 'FLORIDA Swo to and subscribed before m his �� day of �l n-/ ' ,'20 '/ l `ty _ (ItIam pers state Nol'axy Seal � f -otary Public /Officer T . A HNNY H. GWYNES JR. *: MY COMMI�Slgq S EE 054089 'ar = EXPIR �, 'March ,2015 F •. sp Bop, ,.d Thru Notary public Underwriters = Print Typo, or Stamp Name Personally Kno) �'OR Produced ID If Produced ID, type & number /� AGENDA ITEM # 8A OCTOBER 22, 2012 N 4029 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904 - 247 -5866 72 Issued date: ` Violation Date: ! �� Time: !. am/ Pm Name: cc-c 1 L/ 1q w. PAR' 1, to S Phone: _ 0 10 of — - ?,O _7 `2 S Address x)!11 sl �, % Apt: City: /. # d �� State: _ Zip; DOB: y /_ Sex: M F Race: White BIack Other Driver's License: State: Exp: Location of Violation: 2", �, ,! 1 P M A 6 , M &L A Viewed: Affidavit: _ Remarks 0t"°JASP t L)J) TO NT V 8 ' _ rel' IAM _ b �°y va Animals) Description: Breed: t ^j Dog: Cat; Other: Color: IJPA c k-> Male: Female: Collar: Spayed/Neutered; yes/ no Witness /Complainant: — Sr ) i " w Atlantic Beach Animal Control Violations 4 - 2 4 -25 Leashrequired 4- 261)amagingproperty 26 o immediate clean -up 4-27 Disturbing the peace 4 -28 Neglect —shelter 4 -28 Improperrestraint 4 -28 Biting 4-28 Neglect —water /food 4 -30 Animal in heat. Other: Animal tranquilized: yes/ no Animal impounded: yes/ no Kenneled days 7 Violation 2 3 Viola ti_on � � �! This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247• -5816. See reverse side for penalties and aptlons Issuing Officer: s ('�a��- f/� Title a ID #: 01// I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is a misdeme otefft secpo de ree punishable by a fine up to $500 and up to 60 days in jail (Floridq�tate, Statute Pfi�,27), - Signature of AGENDA ITEM # 8A OCTOBER 22, 2012 P OLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5899 1,W : / /www.coab.us Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. * name is I live at ! c%{ � L1 � Address C tY Sfate and my telephone number is Ao —�q,3 N4ine/Description of .Animal: A I C11 A i q- �` '► P13 1-0 l Name /Address of Owner: (D) LLi. f Q 6 1 -q Time and Date of Incident: d -'� T AA , r dot 2 Describe the incident: L r •1 I ✓� Continuation of Statement Page A AA /in i A/ 1 1 , 'YIN 6 0 a v 1i ^ a hiE I do hereby certify that I have read the preceding st ement and that it is true to the best of my knowledge and beliefs. i} - OOK ign e of Pe son. aking tatement Signature of Parent or Guardian if Minor STATE OF FLORIDA to and subscribe before me this day of A 20 P by w (Name of pens n Inaking statement) Notar e MERLYN A. ALVARO °a ° e Notary Public - State of Florida * ; c tviy Comm. Expires Aug 6, 2013 Commission # ®B 9131150 Notary Public/Officer MIL- ' f Aj A , A-LVA AGENDA ITEM # 8A OCTOBER 22, 2012 of pages• Bonded Through National Notary Assn. - -._., Print, Type, or Stamp Name Personally Known_ OR Produced ID If Produced ID, type & number AGENDA ITEM # 8A OCTOBER 22, 2012 JPOL10E DEPARTMENT' 850 SEMKOLE ROAD ATLANUC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 5859 FAX: (904) 2447 -5899 ht!p:/M"y %coab.us Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing fbJl well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or -other issue. I finther state that I have not been subjected to any threats or duress and liave received no promise of reward or immunity. My name is I live at Addtess C and my telephone number is Name/Description, of Animal: 56 Az / Name /Address of Owner: .OAf ,A ' e Time and Date of Incident: r, 41 j -' a A7 4/' Describe the incident: �® I FA .3 l - viral Wl OVER AGENDA ITEM # 8A OCTOBER 22, 2012 I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief.. . ignature of Person along Statement x . Signature of Parent or Guardian if Minor STATE OF FLORIDA Sworn to and subscribed before me thi's of , 201�L- by (Name of pex >son,ma dt1g statement) Notary Seal KAREN E. KEMPF No ublic /O�cer NOTARY PUBLIC STATE OF FLORIDA Comm# EE165471 Print, Type, or Stamp Expir�s•3 /18 /2016 � - Personally Known OR Produced ID_ If Produced ID, type & number I Animal Complaint Affidavit AGENDA ITEM # 8A OCTOBER 22, 2012 I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or -other issue. I further state that I have not been subj ected to any threats or duress and Have received no promise of reward or immunity. My name is I live at /� Address '� ���,•�� City State and my telephone number is Name/Description of Animal: (,, ► �J �l �� � Name /Address of Owner: Time and Date of Incident: Describe the incident: ez ez- -- to hxfe f / OVER hffp:Uwww.coab.us Continuation of Statement ,$ u`.S, Page of pages E I AGENDA ITEM # 8A OCTOBER 22, 2012 T do hereby certify that T have read the preceding statement and that it is true to the best of my knowledge ani. belief. Signature of Person Making Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA Sworn to and subscribed before me this Z.#Y� of , AL 4 (Name of person making 'statement) Notary Seal': Not ' lic /Officer KAREN E. KEMPF NOTARY PUBLIC Print, Type, or Stamp Name E1'gT'E OF: ELORI ®q . W ,�,� CO # EE16547 Personally Known OR Produced ID � p+res Jfj$�ced ID, type & number �G- r T do hereby certify that T have read the preceding statement and that it is true to the best of my knowledge ani. belief. Signature of Person Making Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA Sworn to and subscribed before me this Z.#Y� of , AL 4 (Name of person making 'statement) Notary Seal': Not ' lic /Officer KAREN E. KEMPF NOTARY PUBLIC Print, Type, or Stamp Name E1'gT'E OF: ELORI ®q . W ,�,� CO # EE16547 Personally Known OR Produced ID � p+res Jfj$�ced ID, type & number �G- AGENDA ITEM # 8A OCTOBER 22, 2012 WP l PQLICE DEPARTMENT 850 SEME] OLE kOAD' ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5899 http• /hvcvv.coab.us Animal Complaint Affidavit I have been warned of my constitutional fights and know that I do not leave to make any. statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or other issue. I further state that I have not been subjected to any threats or duress and have xeceived no promise of reward or immunity. My name is I live at Ad Mss city Stato and my telephone number is Name/Description of Animal: Name /Address of Owner: _ Time and Date of Incident: Describe the incident to— OVER S • � F Continuation of Statement Page of AGENDA ITEM # 8A OCTOBER 22, 2012 pages I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. Signature of Person Making Statement STATE OF FLORIDA Signature of Parent or Guardian if Minor Sworn to and subscribed before me this 2- day of ) = by �" 17 ABC C S (Name of person making statement) Notary Seal: 2— No blic /Officer KAREN E. KEMPF NOTARY PUBLIC Print, Type, or Stamp Name STATE OF ,Cm# EE165�A Personate Kno OR Produced 3 /181 -J oduced ID, type & number f `� AGENDA ITEM # 8A OCTOBER 22, 2012 i` 3 dogs (Pit Bull all Brown (Jack), Pit Bull brown /White face (Lola) and Pit Bull mix black dog) Cecilia (Willi) Babillis, 330 Magnolia St, Atlantic Beach, FL 32233 Time and date: late morning Thursday, July 26, 2012 witnessed, from inside my home, the black dog running through my yard and going into the backyard of 346 Magnolia St. The homeowners' Pet Sitter arrived and abruptly stopped her car on the street in front of their driveway. The black dog aggressively approached and circled the car and as the sitter exited the car the black dog charged and bared it.S teeth at her. I went outside to call out to her to be careful and where the dog was from. She decided to make sure the dog didn't reenter 346 Magnolia's back yard and to force it to go home. This occurred out -of -view from the street and during this short period coming from the Howell park area, heading south on Magnolia, was a little girl (looked kindergarten or first grade age) on a bike equipped with training wheels. Behind her was her grandmother on her own bike. The Pet Sitter started to warn them and the black dog quickly approached the little girl and growled at the group. Willi appeared from 366 Magnolia St and called multiple times to the black dog. She was finally able to capture and carry the black dog back to 330 Magnolia. The sitter and grandmother waited for the coast to clear; however Willi immediately returned (without the black dog or leashes) walking around the group. When she was halfway down 366 Magnolia St's driveway, I heard a banging noise. I could see the Pit Bulls Jack and Lola running past her and aggressively approached and circled the little girl. The Pet Sitter, with a stick to block the dogs, placed herself between the little girl and the dogs. Willi was able to pick up one of the dogs and the other followed. The Pet Sitter and Willi had an exchanged of words and I could hear the sitter informing Willi about Atlantic Beach leash laws and her dogs are "erous in how they approached the little girl. Willi's final response to the sitter was "Shut -up you:old cow." KAREN E, KEMPF NOTARY PUBLIC STATE OF FLORIDA Comm# EE1W70 Expires 3/18/2016 r AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DEPARTMENT' 850 SENMOLEROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE-. (90,4) 247 -5,859 FAX; (904) 247 -5899 Animal Complaint•Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at tbs = dine. I am freely and voluntarily make the following, knowing full well this. statement, or any portio4.thereof, may be used. against me or any other person at any time in any court, trial, or •o`& issue. I further stat&th:at I have not been subjected to any threats or duress and Have xeceivea no promise of reward or immunity. My name is _ I live at AdTken ` ` City State and my telephone number is Name/Description of Animal.: ' Name /Address of Owner: 9 f3l�s� .. Time and Date of Incident: l g 74 h Describe the incident: IA9 -in 10 . a 04. M OVER i , .�- _ t C� -/ L4) 1 4�- r C-A49W zo �s I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. Signature of Person Making Statement s Signature of Parent or Guardian if Minor, , 5 STATE OF FLORIDA Swoxn to and subscribed before me this �� of 20 by ftme of person making statement) Notary Seal: 0 KAREN E KEMPF N ublic /Officer NOTARY PUBLIC STATE OF FLORIDA Comm EE165470 1 Expires 3/15/2016 Print Type or Stamp Name Personall Known OR Produced ID_� If Produced ID, type & number AGENDA ITEM # 8A OCTOBER 22, 2012 Name/Address of Owner: 3 S 0 ry) �61 n P, e U 0r 0,6e"A Time and D ate of Incident: /L1 q" ,A6 POH"DFRARTMENT ROAD 85 R FLORIDA. 32233 v v ATLANTIC ACA � BE 'IEUPHONE (904) 247 - 5859 FA X'( ­T* :90 )-241-5809 _p://Nv%v%y.coqb,uS Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make; any statement at this time. I am freely and voluntarily make the following, knowing fiffi well this statement or any portion thereof may be used against Me: Or any other person afanytime in any court, trial, or other issue. I finther state that I have not been subje'bte4 to any threats or duress and have received no piomise of reward or immunity. My name is I live at IJ3 9 5 L-0;vj I c1,16Q_ Dr; 0- Ad&e city State and my telephone number is 96� 2 D- - 7 - 0 � Name/Dese of Animal: SO i - j c- ( Describe the incident: � -� rle- Iz- ',b CA d I< 17 clv�-j / /)0C"Jqq-tS .zj I 6 4 (0 kid C) AGENDA ITEM # 8A OCTOBER 22, 2012 Continuation of Statement Page of pages �. t ,y�� 6 Cam, "n "n C�-� -�� v� -r I do hereby certify that I have read the preceding statement and that it is true to the best of my knowledge and belief. Signature of Person Making Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA Swor to and before me this day of ® d_ , 2� E by �. - .(Name of person making statement) { Notary NOTARY PUBLIC -STATE OF FLORIDA Notary Public /Officer W Eddie Towers Commission #DD881282 — Fig We, r.% Expues.. JUNE 02; 2013 B( rI N QAQn1x(1 LNQ Print, Type, or Stamp Name Personally Known V OR Produced ID _ If Produced ID, type &number AGENDA ITEM # 8A OCTOBER 22, 2012 POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5899 http• //wmv.coab.us Animal Complaint Affidavit I have been warned of my constitutional rights and know that I do not have to make any statement at this time. I am freely and voluntarily make the following, knowing full well this statement, or any portion thereof, may be used against me or any other person at any time in any court, trial, or -other issue. I further state that I have not been subjected to any threats or duress and have received no promise of reward or immunity. My name is S F e, fi 0 Cc I live at t� k e • , c� c10k " "_ F City State and my telephone number is s C��d'�?` - 1° Name/Description of Animal: _S'o !`t of I Name /Address of Owner: _3S,0 11A oc oo f ! sx s U Time and Date of Incident: l 1 �' d Describe the incident: i _ fit/%i � i r� �" ��5��•� �i� � �c:�S F �' �� .� �ce� �" ��v,i� ;=Ge �_. C 1 (� eAy�b of nf 9 � rr 04 t7 ` : ' ' + "'Q n eS' 13 fd� t� ► -z C 0\A t1'�� JA Qt'0 C + C'r - n 1J OVER AGENDA ITEM # 8A OCTOBER 22, 2012 Continuation of Statement Page of pages CL LA eA ee-- 1 d "-J - tie 0 ( � `�'L�j 4-fQ.0 t n � ��� men rnt_ 6 Ci CA fJ— v � t- - _orc'C' akfcm (0 \✓► `"lie I�tr�;1C4. , �C�'�°�c:Y'a�. w`,!! ���,[ U (nvr+ CM G I do hereby certify that I have read the pxeceding statement and that it is true to the best of my knowledge and belief. s ignature of Person MKing Statement Signature of Parent or Guardian if Minor STATE OF FLORIDA Swo to and subscribed before me this _/ day of � , 20 by . (Name of person making statement) Notary Seal' W d ex NOTARY PUBLIC -STATE OFF'LORMA Notary Public /Officer W Eddie' Towers Commission #DD881282 /a J ��(�� �wep, Expires: ,TUNE 02, 2013 yr [ v BornvEnrxxvATinnrr�eso cco., Print Type, or Stamp Name Personally Known OR Produced ID _ If Produced ID, type & number AGENDA ITEM # 8A OCTOBER 22, 2012 NQ 3943 ANIMAL, CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904- 247 -5866 r Issued date: l Violation Date: j �— Time: annTp4m Name: C f— yE tN , _ Phone: 0 1'O' Address: Apt: City: 1 d� 7 G. a A C'.iq State: S_ L Zip: 3 aD , 3 _ 1 DOB: g / 1 Sex: M F ' X — Race: White Y Black Other Driver's License: B 1 r/ ! ! ` 2_�) e 6 ! 0 State: Exp: 0 C9 / q Location of Violation: ��cAq -] Viewed: Affidavit:_ Remarks • S 7 6 6 Q `P L& AS )A e_4 t� Animal(s) Description: Breed: _ 'F' 7 K Dog: Cat: Other: Color: Gjtj Male:X Female: Collar:____ Spayed/Neutered: yes no Witness /Complainant: SC 7 0LJ P 1S Atlantic Beach 'mat Control Violations 4 -24 Running at large K �-21�1,eqljke 4 -26 Damaging property 4 -26 No immediate clean -up peace 4 -28 Neglect — shelter 4 - Improper restraint 4 -28 Biting 4 -28 Neglect- -water /food 4 -30 Animal in heat Other: Anim iquilized: yes/ no Animal impounded: yes/ no Kenneled days 1E lat i 2 ° ` t Violation 3 Violation Other This citation may be paid by mail or in person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233. The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247 -5816. See reverse side for penalties ajid options Issuing Officer: 4_ _ A Z O oJ Title: 12� CO ID#: I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances. Refusal to sign and accept this citation is !% misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail (Florida Staj* Statute 8,28:217). / — Signature of Defendant: AGENDA ITEM # 8A OCTOBER 22, 2012 N 3944 ANIMAL CONTROL CITATION CITY OF ATLANTIC BEACH, FLORIDA 904 - 247 -5866 Issued date: l SL Violation Date: S/23// Time: S r am in Name: C cl t A t i A A6 t (-Li j ' r Phone: te .. A pt: Address IA-3� L J� A —s� P City: R 7 - L4-1 /,J �j t State: - PL- Zip: 1��. DOB: _ / Sex; M F _-)( Race: White Black Other Driver's License: / ° c f State: �'� Exp: J Z— Location of Violation: — C r Mr Viewed; Affidavit: Remarks: Animals) Description: Breed: PR — tn ) +Q J Dog: Cat: Other: Color: Male: Female: Collar: Spayed/Neutered: yes / Witness /Complainant: SCOT 0 4J F �S • �/ Atlantic Beach Animal Control Violations 4.24 Running at large 4 -25 Leash required 4 -26 Damaging property 4 -26 No immediate clean -up Disturbing the peace 4 -28 Neglect—shelter 4 -28 Improper restraint =28 B. 4 -28 Neglect— water /food 4 -30 Animal in heat Ot er: Animal t r uilized: yes / no Animal impounded: yes / no Kenneled days l st Violation 2nd Violation 3rd Violation Other This citation may be paid by mail or ui person to the cashier at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233, The cashier is open Monday - Friday, 8 AM to 5 PM, excluding holidays. The cashier can be reached by phone at (904) 247 -5816. See reverse side for penalties and options Issuing Officer: V C A 7-0 ,- -) Title: oco lD#: 'S 0 I have read the above and understand the charge and the options set forth by the City of Atlantic Beach Municipal Ordinances, Refiisal to sign and accept this citation is a misdemeanor of the second degree punishable by a fine up to $500 and up to 60 days in jail,(Florida Slate Statute 828X). , Signature of Defendant: r" Date: 5/3/2012 Subject: Pit Bull attack on beach south of Dewees Ave. AGENDA ITEM # 8A OCTOBER 22, 2012 I was walking my French Bulldog on 48" nylon (non - extension type) leash just south of the Dewees access on the beach — in the surf. Two females were out of the water with their red Pit Bull — on loose sand about 10 yards east of dunes and 20 -25 yards west of the surf (tide was low). The dog (off leash) came running towards the surf at my dog and grabbed him by the back of his neck. The girls were running and screaming towards the dog but he already had a hold of Beaux shaking him vigorously. I threw myself on their dog and tried to pry him off. We eventually got their dog off mine — words were exchanged and I ran to some workers at a house on 16 access and borrowed their phone allowing me to contact authorities. Photos of abrasions to the back of Beaux's neck and some blood in the anal region were taken by Animal Control Officer Kelley Caton #309. Should further infor i n be needed, l can be reach at 904 - 241 -1260. Scott Owens 1911 Creeks e ircle Atlantic Beach, FL 32233 scottowens @bellsoutl R b G-