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01-09-06 CEB MinutesCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES JANUARY 9, 1996 Call to order: PRESENT: Edward Martin, Chairman Heywood 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 1. Approval of Minutes of November 14, 1995 A motion was made, seconded, and passed to approve the minutes of November 14, 1995. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. No one wished to speak. 3. Old Business: 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 14, 1995 gave Ms. 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, Hung 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 M. Arzie - owner of property located at 770 East Coast Drive, in violation of Florida State Statute 767 and Section 4.28 of the Code - vicious dogs. Mr. Arzie'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 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 Q. Mr. Miller indicated the bruise that Mr. Holt had was a big bruise. When asked how many dogs Mr. Arzie 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 affadavits were signed by themselves to which all witnesses replied in the affirmative, 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. Arzie would like the opportunity of offering the dog to the Humane Society. He explained the dog was 11 months old and Mr. Arzie did not feel the dog was dangerous. He indicated Mr. Arzie 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. Arnie, 770 East Coast Drive, Atlantic Beach, to be in violation of Section 4-28 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. 7- A motion was made, seconded, and passed that Mr. Arnie 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 Officer 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 lbarreche, and all witnesses were sworn in. 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 line 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 at one time. A motion was made, seconded, and passed to allow Mr. Davis to have a licensed septic tank company certify that the system is operational; certification to be completed by January 30, 1996. If it is found that the system is not operational, Mr. Davis will be required to apply to the City of Atlantic Beach to connect to the public sewer by February 15, 1996. If Mr. 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. GVaw9-u-0 � Karl Grwii&� reperted indicated he had received an anonymous complaint from a neighbor against CHAPTER 767 DAMAGE BY DOGS 767.01 Dog owner's liability for damages to persons or domestic animals. 767.02 Sheep -killing 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 Interpretation. 767.10 Legislative findings. 767.11 Definitions. 767.12 Classification of dogs as dangerous; certifica- tion 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- sons or domestic animals.—Owners of dogs shall be liable for any damage done by their dogs to sheep or other domestic animals or livestock, or to persons. History.—RS 2341; ch. 4979, 1901; GS 3142; RGS 4957: CGL 7044. 767.02 Sheep -killing dogs not to roam about.—It is unlawful 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 a run -about dog, and it is lawful to kill such dog. History.—s. 1, ch. 4185. 1893; GS 3143: RGS 4958; CGL 7045. 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, satisfactory proof that said dog had been or was killing cattle or sheep shall constitute a good defense to either of such actions. History.—s. 1, ch. 4978, 1901; GS 3144; RGS 4959; CGL 7046; s. 1, ch. 79-315. 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- fully 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. However, any negligence on the part of the person bit- ten 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 this act when he is on such property in the performance of any duty imposed upon him by the laws of this state or by 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, if at 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. History.—s. 1, ch. 25109. 1949; S. 1, 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 kills, wounds, or harasses any dairy cattle shall be jointly and severally 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 of such dog that the dog was mischievous or disposed to kill or worry any dairy cattle. History.—s. 2, ch. 79-315: s. 482, ch. 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. History.—s. 2, ch. 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- ple of this state 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- lem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. History.—s. 1, ch. 90-180. 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 off 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 fighting; or (d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public qrounds in a menacing fashion or apparent attitude of F S_ 199 UF+.fVJJAUC. U i U"JU0 exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all 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 $500. History.—s. 3, ch. 90-180; s. 3, ch. 93-13. 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.— (1) If 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 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, if 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(1)(b). The owner shall be responsible for pay- ment of all boarding costs and other fees as may be required 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 of a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.C83. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if 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 shall 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. (3) If a dog 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, if necessary, for the proper length of '.ime 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 shall 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) If the owner files a written appeal under s. 767.12(1)(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. 4, ch. 90-180; S. 4, ch. 93-13. 767.14 Additional local restrictions authorized.— Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing 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. History.—s. S, ch. 90-180. 767.15 Other provisions of chapter 767 not super- seded.—Nothing in this act shall supersede chapter 767, Florida Statutes 1989. History.—s. 6, ch. 90-180. 767.16 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 bite if the dog has a current rabies vaccination that was administered by a licensed veteri- narian. History.—s. 1, ch. 91-228. (4) It is unlawful for the owner o1 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 interfere with its vision or res- piration but will prevent it from biting any person or ani- mal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with- out a muzzle or leash, if the dog remains within his sight 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. When 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. 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 from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all 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 lav 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 $500. History.—s. 3. Ch. 90-160.s.3,ch.93-13,s.3,ch 94-339 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.— (1) If 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 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, if 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. 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 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, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if neces- sary, 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 alloy: the owner to request a hearing under s. 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 during any appeal proce dure. In addition, if the owner of the dog had prior knowl- edge of the dog's dangerous propensities, yet demon- strated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as pro- vided in s. 775.082 or s. 775.083. (3) If a dog 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, if 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. 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- ing any appeal procedure. (4) If the owner files a written appeal under s. 767.12 or this section, 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 4, ch 90-180: s. 4. ch 93-13: s. 4, ch. 94-339. § 4-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of 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 for 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 of the animal. (Code 1970, § 4-5) State 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. § 381.031(1)(g)l. Sec. 4-30. Citations authorized; penalties provided. (a) 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 of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86-30, § 4, 7-28-86) Supp. No. 12 304 (The next page is 3531 EA/9,'b,---� C SWORN AFFIDAVIT TO DECLARE THE FOLL011'ING DOG "DANGEROUS" UNTH-R FLORIDA STATUTE -767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." of Qrvtj/ :atlantic Beach, FL, 32233 Tel. , Y G �% .j 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 M. Arzie - 770 East Coast Drive, Atlantic Beach, FL. Tel. 249-4526, F-1 J / Signed Date: --- Witness; FI=NM9TYNotaryiLYRNOTARY PFLORIDACOMM9MS5MY COMT 9,1998 Comments: Mr. "-filler said he has been threatene by t 's dog on his property. A D ox hal bi` - D NOVEMBER 18, 1995 TO: BEE JAY LESTER, ID #300 FROM: ANIMAL CONTROL RE: DOG BITE INCIDENT TONIGHT I MADE CONTACT WITH MR. TERRY HOLT IN REFERENCE TO A REPORTED DOG BITE INCIDENT THAT OCCURRED SOMETIME DURING THE SUMMER MONTHS TO ONE OF HIS NEIGHBORS. MR. HOLT TOLD ME THAT HE WAS ALSO A VICTIM OF A DOG BITE RECENTLY BY THE SAME DOG.(REF. REPORT 95-17717) MR. HOLT WANTED TO KNOW WHY THE FIRST INCIDENT INVOLVING A JUVENILE CHILD WASN'T EVER DOCUMENTED AND FORWARD TO YOU. I ADVISED MR. HOLT THAT I DID SPEAK WITH YOU VERBALLY ABOUT THE INCIDENT BUT NOTHING WAS EVER WRITTEN DOWN. MR. HOLT SAID THAT SOMETHING NEEDS TO BE DONE ABOUT THIS DOG AND YOU HAVE STARTED TO TAKE THE NECESSARY ACTIONS AGAINST THE DOG'S OWNER. MR. HOLT DID MAKE A COMMENT THAT IF THINGS WEREN'T DONE TO PREVENT THIS DOG FROM ATTACKING ANOTHER PERSON THEN HE MIGHT 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. HOLT 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 ME REGARDING THIS MATTER. PTLM. W.A. BULL #1480 llv C SWORN AFFIDAVIT TO DECLARE THE FOLLOI.'ING DOG "DA]GEROUS" UNDER FLORIDA STATUTE •767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." of , 'atlantic Beach FL, 32233 Tel. �l-. 3.�50_71f6' ,G%#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 vublic ground and in residents yards The dog is a male, black lab named "J.P..", owned by Billy M. Arzie — 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526. Signed: Date :­ Witness Notary; Comments: On Sat. 3/25/95 this dog bit her daughter, ?Megan, while they were walking east on 7th St. at Ocean Blvd, Mr. 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 Report 95-004239 SWORN AFFIDAVIT TO DECLARE THE FOLLOt,JNG DOG "DANGEROUS" UNDER FLORIDA STATUTE -767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." of ,'atlantic Beach FL, 32233 Tel.9�.� y= 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 M. Arzie - 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526, Signed: Date:-- W.itnes. Notary' OFFICIAL NOTAPY SEAL LYh�A-N T FI.rfCHL•R NOTARY PUBLIC STA'T.c of FLORIDA COM.JTSSION NO. CC39J28i Comments: Police report 95416420 Sat. Oct. Y� vfl5�i i1 g148 Fletcher reported a vicious dog at large. The above comp ainan was walking his dog and Mr. Arzie's dog attacked it.viciously. r SHORN AFFIDAVIT TO DECLARE THE FOLLOt.'ING DOG "DANGEROUS" UNDER FLORIDA STATUTE .767.12 and Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs." of ;atlantic Beach, FL, 32233 Tel. �.5 % �� A�_) 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 M. Arzie — 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526. Signed: Date Kitness'; Notary; Comments: Mr. Fletcher called the answering machine of Atlantic Beach Animal Control to say that at 7 u.m. Saturday Nov. 4 1995 that Mr. Arzie's black lab charged his wife in the 8th Street nublic street. CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., JANUARY 30, 1996 Call to order Pledge to the Flag I: • �<iF1�1 1. Approval of the minutes of the meeting of January 9, 1996. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business: Code Enforcement Officer will report on the following cases: Case No. 0102 - Jule `Champ" Kaufmann, owner of American Pit Bull dogs: KAYA, male and KIRRA, female, in violation of Florida State Statute 767 and Section 4.28 of the Code - vicious dogs. Above reference dogs are being declared dangerous due to their unprovoked behavior to a person and another animal when off Mr. Kaufmann's property, unleashed, on the beach in the City of Atlantic Beach. 4. RecLuest for Lien Action: None 6. Board Members comments: 7. Adjournment January 22, 1996 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 MEMO TO: MEMBERS OF THE CODE ENFORCEMENT BOARD ALAN JENSEN, CITY ATTORNEY SUZANNE GREEN, PROSECUTING ATTORNEY KARL GRUNEWALD, CODE ENFORCEMENT OFFICER FROM: TRUDY LOPANIK, SECRETARY RE: NEXT BOARD MEETING TUESDAY, JANUARY 30, 1996 There will be a special meeting of the Code Enforcement Board scheduled to be held Tuesday, January 30, 1996, 7:30 p. M. In the Commission Chambers of the City Hall. Attached is your agenda packet and a copy of the minutes of the meeting held January 9, 1996. If you are unable to attend the meeting please contact Trudy or Theresa at 247-5810.