1996 Dangerous Dog Misc. Documents (2)CITY OF
anuary 2, 1996
Mr. Jule "Champ"Kaufmann
316 - 6th Street
Atlantic Beach, FL 32233
Re: "Dangerous Dogs"- American Pit Bulldogs:KAYA, male; KIRRA, female
Dear Mr. Kaufinann:
ATLANTIC BEACH POLICE DEPT.
850 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233
TELEPHONE (904) 247-5859
This letter is to inform you that your dogs described above are being classified as "dangerous"
under Florida Statute 767.12. You are also in violation of the Atlantic Beach Ordinance Section
4-6 "Nuisance Animals"and Section 4-28 `Vicious Dogs".
Your dogs are being declared dangerous due to their unprovoked behavior to a person and
another animal when off your property unleashed on the Atlantic Beach. Please see police incident
report 020208 dated 12/27/95.
Should you wish to appeal this action, you are required to file notice in writing within
seven(7) calendar days for a hearing before the Atlantic Beach Code Enforcement Board.
You are required to properly confine these dogs in a securely fenced or enclosed area pending the
outcome of this investigation and resolution of any hearings relating thereto. In addition, no
dog(s) that are the subject of a dangerous dog investigation or any hearings related to the matter,
can be relocated or ownership transferred pending the outcome of an investigation or any hearings
related thereto.
Per our conversation today, you are to notify this office of the address where your two dogs
described above will be housed during this investigation. The quarantine period ends as of
Saturday, January 6, 1996.
Should you have any questions concerning this matter, please contact me at 247-5866.
�Since jely
BeeJay est r, Animal Control Officer
Copies: David E. Thompson, Chief of Police
Capt. John Campbell, Atlantic Beach Police Dept.
City Manager, City Hall, Atlantic Beach
-.:
0200; [ I N C I D E N T]
0201;FL0160100 ATLANTI BE
CH PD
MISCELLANEOUS [Number] 95 -02020E
-
0202: [Occurred) WED 2279
0720
[Title] DOG BITE
0203;[Received] WED 12279
0722
[Arrival] 0729 [Complete] 0830
0204;[Location) 500 LK N
THE BEACH
N/A ATLANTIC BCH
32233 904 0000000
0205;[Area Name] BEACH FRONT
[CT] 0000 [Zone] 0001
(Code] 9999
0800; [ V I C T I M
0801;[Type] ADULT 3 [Residency] CITY 1 [Status] FULL YEAR 1
0802: [Name] CHINNIS, BETTY D.Race] 11 [Sex] F [DOB] 090536 [Age] 59
08031[Address) 701 BEACH AVE. 103 ATLANTIC BCH 32233 904 2461840
0805;[To Suspect] STRANGER 0 njury] LACERATION 03 [Extent] MINOR 1
0806;[Synopsis) SEE NARRATIVE
1200; [ S U S P E C T]
S.`7. 02(03 3) 8- ► L ,&
[Z l S` —
1201: (Type]
1201:(Type] IDENTIFIED [Residency] CITY 1 [Status] FULL YEAR 1
1202,1[Name] KAUFMANN, e [Race] W [Sex] M [DOB] 110757 [Age] 38
1204;[Address] 316 6TH STREET N/A ATLANTIC BCH 32233 904
1205;[Occupation] UNKNOWN UNKNOWN 9043543027
1206;[ID Type] DRIVER LICENSE [Number) K155-420>-57-407-0 [From] F(L/ORIDA/::�-�
[NARRATIVE] IV33=
7J-l�ii. G!%vfe✓lG � iW G``L� iv'n«, >
ON WEDNESDAY 12/27/95 AT 7:22.AM, THIS OFFICCER WAS DISPATCHED TO 701 BEACH AVE
#103 IN REFERENCE TO A DOG BITE. UPON ARRIVAL, I MET WITH THE VICTIM BETTY
CHINNIS WHO WAS BEING TREATED BY THE FIRE DEPARTMENT. THE VICTIM STATED THAT
APPROX. 7:20AM, SHE WAS WALKING HER 2 1/2 YEAR OLD FEMALE MINIATURE SCHNAUZER 01
THE BEACH IN THE 500 BLOCK. THE VICTIM SAID THAI SHE WAS WALKING, SHE
HEARD SOMEONE BEHIND HER YELLING. THE VICTIM STA HAT--S.,HE TURNED AROUND TO
SEE WHO IT WAS, AT WHICH TIME SHE SAW TWO LAR PITBULL NING TOWARDS HER.
THE VICTIM SAID THAT SHE GRABBED HER DOG AND PICKED IT.UP BEFORE THE PITSBULLS
REACHED HER. WHEN THE PITBULLS REACHED THE.V'ICTIM, THEY BOTH TRIED TO GET TO
THE VICTIM'S DOG. IN THE PROCESS, THE PITBULLS BIT.THE VICTIM ON HER RIGHT AND
LEFT ARMS,- AND ALSO BIT HER DOG ON IT'S RIGHT?FRONT PAW. THE OWNER OF THE
PITBULLS RAN TO THE VICTIM AND HE, WAS ABLE TO GET THE DOGS OFF OF HER. THE
VICTIM RECEIVED A PUNCTURE ON HER'LEFT ARM, AND A RIP ON HER RIGHT ARM. THE
VICTIM THEN WALKED BACK TO HER HOME, AND THE OWNER OF THE PITBULLS TOOK HIS DOG£
HOME. LT.CHRISTMAN CONTACTED THE OWNER (MR.KAUFMANN) OF THE PITBULLS IN THE 30C
BLOCK OF 6TH STREET. MR.KAUFMANN STATED THAT HE WAS WALKING HIS DOGS ON THE
BEACH, BUT HE DIDN'T HAVE THEM ON A LEASH. MR.KAUFMANN STATED THAT WHEN HIS
DOGS SAW THE VICTIM'S DOG, THEY JUST TOOK OFF. MR.KAUFMANN SAID THAT THIS WAS
THE FIRST TIME HIS DOGS HAD EVER ATTACKED ANYONE, AND IT SCARED HIM TO DEATH.
LT.CHRISTMAN ASKED MR.KAUFMANN IF THE DOG'S HAD ALL THEIR SHO`1'S, AND MR.KAUFMANN
SAID YES. LT.CHRISTMAN ADVISED MR.KAUFMANN THAT HE MOULD HAVE TO KEEP BOTIT-DOGS
IN THE HOUSE UNDER QUARANTINE FOR 10 DAYS. MR.KAUFHANN SAID THAT HE WOULD, A14D
AFTER THE QUARANTINE, HE WOULD I40ST LIYELY_ASl1, THE DOGS PUT TO SLEEP. A COPY
OF THIS REPORT WAS TURNED OVER TO ANIMAL CONTROL. THE PATROL DIVISION HAS
COMPLETED ITS INVESTIGATION.
aQ cuIl11,. fi
Ail- If
1800, [ A__D M I N K
1801;[Name) R.T.EMBLETON [Rank] PTL [Number] 1443 PTI, [Date.] 122795
1802;[Rout] RECORDS DIVISION [SAO] N/A [Date] 122795 0830 [Div] R
1804;[Supervisor] CHRIST14AN ,� [Rank) LT. [NhiAberj 1408 [Rev,iewed]
1805, Attalchme " Esc. �+�- r
' [ n t s ) N 014 E�--n /% tt� u-1 ` ��G�� /_ I . �f� % r LL�
__.ANIMAL CARE AND CONTROL DIVISION
STATE OF FLO DA
CITY OF i . A, I US_
CITATION
DEFENDANT, AGE��? �
( �NAME)� FIR � (MI DLE)�'
ESEENT HOME ADDRESS) r f (CITY) '•
��I:l4—_ �1 � PHONE
(PLACE OF. EMPLOYMENT) i_, (ADDRESS)
IN THE NAME OF AND BY THE AUTHORITY OF THE ABOVE CITY COMES THE AT =� UNDERSIGNED AND SAYS:
,y rr // Q� 7i i "L l AM
ON THE :2/ Yi'--' DAY OF �_, 19 — PM
THE ABOVE-NAMED PERSON DID UNLAWFULLY VIOLATE THE FOLLOWING O STATUTE`<ORDINANCE
g _ ^ PROW NG AGAINST Q,
AT THE FOLLOWING L CATION. Jax, D Jax Bch.,
AB, 0 NB, ❑.Baldwin .
DEFENDANT DID:
v
DESCRIPTION O NIMALS C PLAINANT ANDJOR WIT
1
THE UNDERSIGNED HAS SONABLE GROUNDS TO IEVE AND DOES BELIEVE THAT THE PERSON NAM-
ED ABOVE COMMITTED THE OFFENSE INDICATED:
//ANIMA/CARE AND CONTROL OFFICER
SWORN TO AND ASCRIBED BEFORE ME THIS DAY OF A.D. 19
MY COMMISSION EXPIRES"'-
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
CIVIL CITATION: COURT APPEARANCE NOT REQUIRED. SEE REVERSE SIDE FOR DETAILS. ACCT.
- • #701-482158-1041.
YOU MUST APPEAR IN THE COUNTY COURTHOUSE, ROOM 106, MEZZANINE FLOOR, WITHIN TEN (10)
DAYS. SEE REVERSE SIDE FOR DETAILS.
I UNDERSTAND THAT MY FAILURE TO APPEAR AS ORDERED WILL RESULT IN THE ISSUANCE OF A WARRANT FOR MY ARREST.
I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE CHARGED OR TO
PAY THE FINE PRESCRIBED.
BY FL STAT., FAILURE TO SIGN AND ACCEPT THIS CITATION IS A SECOND-DEGREE MISDEMEANOR PUNISHABLE BY A FINE OF
IP TO $500 AND UP TO 60 DAYS IN JAIL.
7289 SIG AT�UR/E�OF DEFENDANT
`ERVISOR'S ID. F4
7 NUMBER COURT COPY, PSR -0250
SEX .
RACE
DATE OF BIRTH
I WEIGHT
I HEIGHT
i COLOR HAIR
I COLOR EYES
SOCIAL SECURITY NUMBER
IN THE NAME OF AND BY THE AUTHORITY OF THE ABOVE CITY COMES THE AT =� UNDERSIGNED AND SAYS:
,y rr // Q� 7i i "L l AM
ON THE :2/ Yi'--' DAY OF �_, 19 — PM
THE ABOVE-NAMED PERSON DID UNLAWFULLY VIOLATE THE FOLLOWING O STATUTE`<ORDINANCE
g _ ^ PROW NG AGAINST Q,
AT THE FOLLOWING L CATION. Jax, D Jax Bch.,
AB, 0 NB, ❑.Baldwin .
DEFENDANT DID:
v
DESCRIPTION O NIMALS C PLAINANT ANDJOR WIT
1
THE UNDERSIGNED HAS SONABLE GROUNDS TO IEVE AND DOES BELIEVE THAT THE PERSON NAM-
ED ABOVE COMMITTED THE OFFENSE INDICATED:
//ANIMA/CARE AND CONTROL OFFICER
SWORN TO AND ASCRIBED BEFORE ME THIS DAY OF A.D. 19
MY COMMISSION EXPIRES"'-
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
CIVIL CITATION: COURT APPEARANCE NOT REQUIRED. SEE REVERSE SIDE FOR DETAILS. ACCT.
- • #701-482158-1041.
YOU MUST APPEAR IN THE COUNTY COURTHOUSE, ROOM 106, MEZZANINE FLOOR, WITHIN TEN (10)
DAYS. SEE REVERSE SIDE FOR DETAILS.
I UNDERSTAND THAT MY FAILURE TO APPEAR AS ORDERED WILL RESULT IN THE ISSUANCE OF A WARRANT FOR MY ARREST.
I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE CHARGED OR TO
PAY THE FINE PRESCRIBED.
BY FL STAT., FAILURE TO SIGN AND ACCEPT THIS CITATION IS A SECOND-DEGREE MISDEMEANOR PUNISHABLE BY A FINE OF
IP TO $500 AND UP TO 60 DAYS IN JAIL.
7289 SIG AT�UR/E�OF DEFENDANT
`ERVISOR'S ID. F4
7 NUMBER COURT COPY, PSR -0250
CITY OF
1,
December 18, 1995
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
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 9, 1996
The next regular meeting of the Code Enforcement Board is scheduled
to be held Tuesday, January 9, 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 November 14, 1995.
If you are unable to attend the meeting please contact Trudy or
Theresa at 247-5810.
If you will not be able to attend the meeting of January 9th will
be please contact Trudy or Maureen at 247-5821.
CHRONOLOGY OF EVENTS
Subject: Case No. 0102
Jule "Champ" Kaufmann
TO: Code Enforcement Board Members
FROM: Karl Grunewald, Code Enforcement Officer
SUBJECT: Declaration of Dangerous Dog
On December 27, 1996 at approximately 7:20 a. in. Mrs. Betty Chinnis reported to the Atlantic
Beach Police Department that she had been attacked by two Pit Bull dogs while she was walking
her own dogs on the beach in the City of Atlantic Beach. (Please refer to the attached Police
Incident Report).
On this date the Animal Control Officer of Atlantic Beach issued a citation to the dog owner, Jule
"Champ" Kaufmann for failure to have an Atlantic Beach dog tag and for a dog bite. (See
attached citation).
Both dogs were placed in quarantine at a veterinary facility for observation. Following an attack
on another dog while quarantined the female dog was euthanized. The male dog continued to
be quarantine at the residence of the owner.
On January 2, 1996 Mr. Kaufrnann was notified by the Animal Control Officer that both dogs
were being declared "dangerous" under Fl S.S. 767 and Atlantic Beach Code 4-28, "Vicious
Dog." (See attached letter).
On January 2, 1996 sworn statements were taken from Betty Chinnis, the complainant, and Sally
Vermillion, Charles Vermillion, and Lauren Arn, witnesses to the incident (sworn statements
attached).
On January 8, 1996 Mr. Kaufinann submitted a written appeal of the dangerous dog declaration
as provided for in FL SS Supplement 767.12(c). (Attached)
An appeal date was set for January 30, 1996.
On January 8, 1996 Betty Chinnis appeared before the City Commission. Her statement is
attached herewith. Please note that she received continued medical attention at Beaches Baptist
Hospital.
Page 2
Jules "Champ" Kaufinann
We recommend the following:
...that the dog be continued to be classified as "dangerous" under FL SS 767 and "vicious"
under Atl. Bch Code 4-28, and that the requirements of 767.12 be required of the owner.
...that since the owner resides in Jacksonville Beach that proper notification be given to that
jurisdiction.
...that should the dog be found in the City of Atlantic Beach in violation of any of its animal
ordinances, an immediate find of $250.00 per day will be levied against the owner of the dog.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
January 12, 1996
Mr. Jule "Champ" Kaufmann
316 6th Street
ATLANTIC BEACH FL. 32233
Dear Mr. Kaufmann:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 30TH
day of JANUARY, 1996 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Sections: Florida Statute 767.12 and Section 4-6 and
4-28, of the Code of the Citv of Atlantic Beach. It is alleged
that you are in violation of the above enumerated code section(--)
in that there exists on the premises located at the City of
Atlantic Beach , the following condition(s): your dogs are being
declared dangerous due to their unprovoked behavior to a person and
another animal when off your property, unleashed on the beach in
the City of Atlantic Beach
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Trude Lopanik, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
ATTEST:
SECRETARY
Sincerely,
� z
G. E. MARTIN
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, } VIOLATION NO. 0102
Petitioner, }
VS. } SUBPOENA
JULE "CHAMP" KAUFMANN"
)
Respondent ,
-------------------------------- }
TO: NAME: BEEJAY LESTER ANIMAL CONTROL OFFICER
STREET CITY HALL, 800 SEMINOLE ROAD
CITY ATLANTIC BEACH
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 000 Seminole Road, Atlantic Beach, Florida on Tuesday, the
30TH day of •JAIUARY 1996 at 7:30. p. m. in reference to
violation of Section: FLORIDA STATUTE 767.12 AND ATLANTIC BEACH
ORDINANCE SECTION 4-6 "NUISANCE ANIMALS" AND SECTION 4-28 "VICIOUS
DOGS"
Failure to appear subjects you to penalty of law.
Dated this 12TH day of JANUARY__, 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
cretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0102
}
Petitioner, )
VS. ) SUBPOENA
JULE "CHAMP" KAUP'MANN"
}
Respondent. )
-------------------------------- }
TO: NAME: LAUREN A. ARN
STREET 701 BEACH AVE. #104
CITY ATLANTIC BEACH
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 000 Seminole Road, Atlantic Beach, Florida on Tuesday, the
30TH day of JP1,1L.T RY 1996 at 7:30. P. m. in reference to
violation of Section: FLORIDA STATUTE 767.12 AND ATLANTIC BEACH
ORDINANCE SECTION 4-6 "NUISANCE ANIMALS" AND SECTION 4-25 "VICIOUS
DOGS"
Failure to appear subjects you to penalty of law.
Dated this 12TH day of JANUARY , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
S cretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, } VIOLATION NO. 0102
)
Petitioner, }
)
VS. } SUBPOENA
JULE "CHAMP" KAUFMANN"
Respondent. }
-------------------------------- }
TO: NAME: CHARLES E. VERMILLION
STREET 701 BEACH AVE. #204
CITY ATLANTIC BEACH
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 000 Seminole Road, Atlantic Beach, Florida on Tuesday, the
30TH day of JANUARY 1996 at 7:30. p. m. in reference to
violation of Section: FLORIDA STATUTE 767.12 AND ATLANTIC BEACH
ORDINANCE SECTION 4-6 `NUISANCE ANIMALS" AND SECTION 4-28 "VICIOUS
DOGS"
Failure to appear subjects you to penalty of law.
Dated this 12TH day of JANUARY_, 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY'
4 '
S cretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, } VIOLATION NO. 0102
Petitioner, }
}
VS. } SUBPOENA
JULE "CHAMP" KAUFMANN"
Respondent. )
-------------------------------- )
TO: NAME: SALLY H. VERMILLION
STREET 701 BEACH AVE. #204
CITY ATLANTIC BEACH
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
30TH day of JASJUARY 1996 at 7: 30. p. m. in reference to
violation of Section: FLORIDA STATUTE '767.12 AND ATLANTIC BEACH
ORDINANCE SECTION A-6 "NUISANCE ANIMAL-")" R11D SECTION -2Q "jv ICIOUS
DOGS"
Failure to appear subjects you to penalty of law.
Dated this 12TH day of JANUARY , 1996.
CODE ENFORCEMENT Baa R_ -D
CITY OF ATLANTIC BEACH, FLORIDA
BY
Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0102
Petitioner, }
VS. ) SUBPOENA
JULE "CHAMP" KAUFMANN"
)
Respondent. )
-------------------------------- }
TO: NAME: BETTY D. CHINNIS
STREET 701 BEACH AVE. #103
CITY ATLANTIC BEACH
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 000 Seminole Road, Atlantic Beach, Florida on Tuesday, the
30TH day of JANUARY 1996 at 7:30. p. m. in reference to
violation of Section: FLORIDA STATUTE 767.12 AND ATLANTIC BEACH
ORDINANCE SECTION 4-6 "NUISANCE ANIMALS" AND SECTION 4-28 "`JICIOUS
DOGS"
Failure to appear subjects you to penalty of law.
Dated this 12TH day of JANUARY_, 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
!fecretary
NOE & FOODY
ATTORNEYS AND COUNSELORS AT LAW
599 ATLANTIC BOULEVARD
SUITE 6
ATLANTIC BEACH, FLORIDA 32233
WILLIAM G. NOE, JR.
ALAN MICHAEL FOODY*
*FI_ & GA Bars
HAND DELIVERED
December 8, 1995
Atlantic Beach Code Enforcement Board
800 Seminole Road
Atlantic Beach, Florida 32233
NOTICE OF APPEAL
Re: Billy M. Arzie
"Dangerous Dog" - Black male Lab named "JR"
Dear Sirs:
TELEPHONE 904/249-7241
FACSIMILE 904/247-1582
Please accept this letter as acknowledgement of my representation of Mr. Arzie, and his desire
to appeal the decision of David E. Thompson, Chief of Police, classifying "JR" as a "dangerous
dog", pursuant to Florida Statute 767.12.
Please notify me when the hearing date is scheduled.
Very truly yours,
William G. Noe, Jr.
WGNjr/dt
cc: Mr. Billy M. Arzie
SWORN AFFIDAVIT TO DECLARE THE
AtlantLOI',ic BeachnG "DA GOrdi�nanceDL'fil
FLORIDA STATUTE 7.67.1
Sec. 4-28 "Vicious Dogs."
Of
!atlantic Beach, FL, 32233
do hereby wish to have
Tel.
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 249-4526.
Ti. Arzie ^ 770 East Coast Drive, Atlantic Beach,
FL.
Signed: J . /
I
Date j � ` (5_
�- �- -
Witness{
Notary;
i3 ocIAL U[_�:. I RIM 'Al-
it
.i2Y F°i"T.0 Ei n.� '�:
' 3
Comments! Mr.
chasing my dog
more important
dog is
Holt said that Mr. Arzie told him "...I've been
for an hour.., couldn't �catchemhii ass". that my
work -to be doing...' • ed
the neighborhood..."
terrorizing
Mr, Holt was bitten by this dog on Sat, Nov, 11 1995 Police
report 95-017717. The bite occurred in the 700 block of East
Coast. nethesidewalk andawasnd uheaded dacross the street to a
dog was loose to
othe nark.
he was o
v
w�.
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
SWORN AFFIDAVIT TO DECLARE TIDE FOLL011,ING DOG "DANGEROUS" UNDER
FLORIDA STATUTE 767.12 and Atlantic Beach Animal Ordinance
Sec, 4-28 "Vicious Dogs."
of
7,) -JL,
l-t-gT! .atlantic Beach, FL, 32233
Tel. Y % - G `�..� do hereby wish to have
the herein described dog declared dangerous as outlined in
the above ordinance.
The dog has threatened, charged, bitten and has aggressive
behavior on public 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.
1
Signed,
Date:519
Witness,-
CCIAL N S A
Notary; _ LYMAN T FLE.TCHER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC390285
MY CONWISSION EXP. SEPT 9,1998
Comments: Mr. Miller said he has been tt'hreatene by t 's
dog on his property.
O� /vl�-ter_-cr��4 G✓ � l�� �p /n/
CQ
1 / ( 1Al
N � �� .�+�
he d�k��«4
SWORN AFFIDAVIT TO DECLARE THE FOLL01.ING DOG "DANGEROUS" UNDER
FLORIDA STATUTE 767,12 and Atlantic Beach Animal Ordinance
Sec. 4-28 "Vicious Dogs."
I of
Atlantic Beach, FL. 32233
Tel. �% C� ��v 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: ---
ate:--
Witness--!
Witness-
Notary;
Notary;
Comments! This dog was loose in the yard and driveway at 310 8th St.
on Nov. 4, 1995, Police report 95.-17307, Dors. Anderson said the dog
lunged at her and growled and barked, She said the dog tries to go
into her house. It was also loose in A -lay 1995 and ran after
her child and jumped at his face, The child nut a towel up to his face
and the dog grabbed the towel,
SWORN AFFIDAVIT TO DECLARE THE FOLLOI.'ING DAG "DANGEROUS" UDDER
FLORIDA STATUTE 767.12 and Atlantic Beach Animal Ordinance
Sec. 4-28 "Vicious Dogs."
of
Atlantic Beach; FL, 32233
Tel. oZ r. 3.�� __�&—4?,'?#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.", oiNmed by Billy
M. Arzie - 770 East Coast Drive. Atlantic Beach, FL. Tel. 249-4526.
Signed:
Date:---
Witness;
ate:--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 Renort 95--004239
U
SWORN AFFIDAVIT TO DECLARE THE FOLLOi;'ING DOG ,'DANGEROUS" UNDER
FLORIDA STATUTE 767.12 and Atlantic Beach Animal Ordinance
Sec. 4-28 "Vicious Dogs."
Atlantic Beach; FL, 32233
Tel. 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 Dublic 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:--./ GO�
lgitnes�
Notary,' OFFICIAL NOtARY SEAL
LYMAN T FLSPCHER
NOTARY PUBLIC STATE OF FLOR,`DA
COWMIISSION IVO. CC390285
Comments: Police report 95016420 Sat, Oct. 1 Y�vfl.S�i I E g.igog
Fletcher reported a vicious dog at large, The above comb alnan
was walking his dog and Mr. Arzie's dog attacked it.viciously.
,�a ,
14 NOV 95
ROBERT G.GASCOIGNE
314A 8TH ST.
ATLANTIC BEACH, FL
32233
(904) 249-6435
To whom it may concern;
On Saturday, October 21 at approximately noon time, a large Black
Labrador dog attacked my dog while I was walk him on a leash on
the street in front of my home. The dog in question charged out
from behind the house in which it was kept. The attack was
unprovoked and extremely vicious.
Once I separated the dogs, the Lab then started to growl and
began taking a threatening posture with myself. The animal did
not back down until a cat distracted its attention long enough
for us to retreat to the safety of Mayor Lyman's property. The
owner of the dog was immediately called but could not be reached
for 30 minutes. During this time the dog continued to roam the
neighbourhood in an aggressive manner until the owner secured it
in his home.
My dog received a puncture wound in the hind quarter and was
treat at the Total Pet Complex with anti -biotics. The owner of
the Black Lab paid for the Veterinarian bill, which came to 49
dollars.
If any further information is required, I can be contacted at the
above address after 5:00 pm.
erely,
f
R. G41 SCOIGNE
SWORN AFFIDAVIT TO DECLARE THE FOLLO11JNG DOG "DANGEROUS" UNDER
FLORIDA STATUTE 767.12 and Atlantic Beach Animal Ordinance
Sec. 4-28 "Vicious Dogs."
,)-It ,atlantic Beach, FL, 32233
Tel.IL
6�-'�`� 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. 249-4326.
J%
Signed:
Date:---
Witness;
ate:--
Witness1 _ 51 _E..._L.EI'CHERNotary; Egm
ATE OF FLORIDAO. CC390285EY.P. SEPT 9,1998
Commentst Mrs.. Downs witnessed the dog bite that occured to Terence
Holt on Nov. 11, 1995,
VC pec
���--o ��
SWORN AFFIDAVIT TO DECLARE THE FOLLOI.'ING DOG ''DANGEROUS" UNDER
FLORIDA STATUTE -767.12 and Atlantic Beach Animal Ordinance
Sec. 4-28 "Vicious Dogs."
4,
7 _.
atlantic Beach, FL, 32233
Tel. 5��� ? i Po 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 :
Witness{
Notary;
Comments: Mr. Fletcher called the answering machine of Atlantic Beach
Animal Control to say that at 7 n,m. Saturday Nov. 4 1995 that Mr.
Arzie's black lab charged his wife in the 8th Street public street,
SWORN AFFIDAVIT TO DECLARE THE FOLLOt,'ING DOG "DANGEROUS" UNDL''R
FLORIDA STATUTE 767.12 and Atlantic Beach Animal Ordinance
Sec, 4-28 "Vicious Dogs."
of
' Atlantic Beach, FL, 32233
Tel.- 3 f7 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: -'-
Witness i
ateWitness;
Notary;
OFFICIAL NOTARY SEAL
LYMAN T FLETCHER
NO'T'ARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC39M85
MY COMMISSION EXP. SEPT 9,1998
Comments: At 7 D,m. Saturday Nov. 4, 1995 this dog charged
Mrs. Fletcher on 8th St., Atlantic Beach, He was running loose
in the area,
J
CITY OF
800 SEMINOLE ROAD
----- --- ---- - .4,TL.A_NTIC BEACH, FLORIDA 32233.544_
i ELEPHOIE (904) 247-5800
FAX (904) 247-5805
Certified Mail -Return Receipt Requested December 7. 1995
N- 4r. Billy .\1. Arzie
770 East Coast Drive
Atlantic Beach_ FL 32233
Re: "Dangerous Dog' - Black male lab named "JR"
Dear Mr. Arzie:
This letter is to inform you that your dog described above is being classified as "danSerous" under
Florida Statute 767.12. You are also in violation of the Atlantic Beach ordinance Sec. 4-6
"Nuisance Animals" and Sec. 4-28 "Vicious Dog )
Your dog is being declared dangerous due to his unprovoked behavior to persons and other
animals when off your property. Should you wish to appeal this action, you are required to file
notice in writing within seven (7) calendar days for a hearing before the Atlantic Beach Code
Enforcement Board.
You are required to properly confine this dog in a securely fenced or enclosed area pending the
outcome of this investigation and resolution of any hearings relating thereto. In addition, no dog
that is the subject of a dangerous dog investigation or any hearings related to the matter, can be
relocated or ownership transferred pending the outcome of an investigation or any hearings
related thereto. v
Should you have any questions concerning this matter, please contact me at 247-859.
Sincerely,
-,, Z
David E. Thompson
Chief of Police
cc: Capt. John Campbell
BeeJay Lester, ACO
City Manager
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December 18, 1995
MR. BILLY M. ARZIE
770 EAST COAST DRIVE
ATLANTIC BEACH FL. 32233
Dear MR. ARZIE:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 9TH
day of JANUARY, 1996 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and -be heard to the alleged violations of
the following Sections: Florida State Statute 767 and Chapter 4,
Animals, Sec. 4.28. Vicious dogs, of the Code of the City of
Atlantic Beach. It is alleged that you are in violation of the
above enumerated code section(s) in that there exists on the
premises located at 770 East Coast Drive, ATLANTIC BEACH FLORIDA_
the following condition(s):. Your dog, "JR" is being declared
dangerous due to his unprovoked behavior to persons and other
animals when off your property.
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Trudy Lopanik, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST:
SECREV\RY a G. E. MARTIN J�
Chairman, Code Enforcement Board
Copy to:
William G. Noe, Jr., Attorney