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.