Board of Works

BOARD OF PUBLIC WORKS AND SAFETY APPEAL MINUTES July 5, 2017 Appeal Hearing: The Board of Public Works and Safety met on Wednesday, July 5, 2017 at 10:30 a.m. in the Common Council Chambers. Members present were: Cindy Murray, Dawn Ross and Norm Childress. Ed Chosnek, City Attorney, was also present. Mrs. Murray called the meeting to order. The Pledge of Allegiance was given to the flag of our Country. Animal Control Appeal for Bella and Beast Ed Chosnek stated this is an appeal for Bella and Beast, owed by Breanna Williams. Ms. Williams is appealing the sterilization of both Bella and Beast before they are returned to her by Animal Control Officers (ACO). Mr. Chosnek explained the process of the hearing to Ms. Williams, Board Members and the audience. Mr. Chosnek stated that the Board has been furnished with a history of reports from the ACO’s starting with 11/20/2016. The ACO’s received an anonymous call that both dogs were barking all night with no food or water. There was at that time a warning notice left on the door of the residence. 11/21/2016 ACO followed up and the notice was still on the door. There was water provided for the dogs at that time. 12/16/2016 ACO received an anonymous call that the dogs were in a cage left out all night in a cold shelter. The dogs had straw bedding but no heated water. 12/21/2016 ACO followed up and the owner had provided a heated water bowl. The ACO talked to the owner about the fact that it was cold and the dog shelter was muddy and wet. 1/5/2017 There was a report and investigation made because it appeared to the ACO that the dogs had not been fed for a while and barking nonstop. A $200 fine was issued at the time. The ACO spoke with the owner and advised that based on the temperature; the dogs cannot be left outside with little straw. The ACO advised her that he would be back in a week to check the conditions of the dogs. 6/13/2017 There was a report that the two dogs were running at large (RAL). Mr. Chosnek stated that these two (2) dogs are roughly 10 months old. Ms. Williams arrived home and let the dogs in the house. 6/15/2017 There was a report by a citizen that the two (2) dogs were RAL again chasing people and cars. 6/18/2017 There was a report the Beast was loose outside the fence. The owner came home and put the dog back in the fenced in area. 6/23/2017 There was a report by Lafayette Police concerning the two (2) dogs RAL. ACO was called to help LPD contain the dogs. Due to the history of the dogs they were impounded based on multiple violations. Mr. Chosnek stated that the dogs can be returned to the owner if the owner signs a Nuisance Animal Agreement and adhere to certain requirements. Mr. Chosnek stated that under the ordinance a public nuisance can be an animal that is RAL or unrestrained. The ordinance provides that on the 1st violation is a warning. The 2nd violation the ACO has discretion to make a 2nd warning or issue a fine from $100-$250 which a ticket can be reduced to $50 is the owner agrees to take steps to correct the nuisance issue. Mr. Chosnek stated that in the City of Lafayette all dogs over 3 months are to be registered with the City. Mr. Chosnek stated that on the return of an animal that was impounded by virtue of nuisance, the requirements of return of the animal are payment of the impoundment fees, licensed with the City and possible sterilization. In this case, ACO recommended returning the two (2) dogs to the owner after sterilization. Josh Klumpe, ACO, stated that his recommendation is the owner can have her dogs back after they are both sterilized and all vaccines are up-to-date. Mr. Klumpe spoke to the Board about the pros of sterilization of female and male dogs of the Rottweiler breed. Mr. Klumpe provided Mr. Chosnek and the Board a copy of the ASPCA 10 Primary Reasons Spay and Neutering Helps. Mr. Klumpe stated that if the fencing was secured the dogs would have plenty of room but has had issues in the past with the quality of the provided shelter. Mr. Klumpe stated that they are good puppies with a good temperament. Breanna Williams, 3935 Sickle Court, stated that the 1st encounter with ACO was when the puppies were 3-4 months old. The dogs are now over 1 year old. Ms. Williams explained that the 1st complaint was from the neighbor of a special needs child and believed that the dogs were scaring her. Ms. Williams stated that she moved her dogs to her sister’s house for a while so that you could put up a fence and provided better care for the dogs. Ms. Williams stated that the dogs have never been without food or water. Ms. Williams believes that there could be better communication between ACO and herself. These dogs are extremely friendly and are family dogs. Ms. Williams knows that the dogs are not to be running around but Beast is an escape artist. Ms. Williams stated that she has done everything that the ACO’s have asked regarding keeping her dogs secure. They have a doggie door that allows them to be inside the house or in the back yard during the day. Ms. Williams explained the cons of her dogs being sterilized. Since the dogs have been impounded, Ms. Williams has added another layer of fencing around the bottom of the fence line to keep Beast from digging under the fence along with adding barbed wire on the top of the fence to keep Beast from getting over the top of the fence. Ms. Williams reiterated her stance and refusal to have her dogs sterilized. Ms. Williams stated that the dogs are not registered with the City because she just found it that was City ordinance. Ms. Williams stated that both dogs’ vaccines are up-to-date. Mr. Klumpe stated again the importance of getting these dogs sterilized and other procedures that could help. Discussion ensued. Mr. Childress had Mr. Chosnek read the sterilization portion of the ordinance for clarification. Mr. Klumpe that there is no Nuisance Agreement signed as of yet. Mr. Childress asked Ms. Williams to tell the Board what steps she has taken to secure the dogs. Ms. Williams explained to the Board everything she had done while the dogs have been impounded. Mrs. Ross was concerned with the addition of the barbed wire for the children and dogs safety. Mr. Klumpe has not seen the new updates to the fence yet. Mr. Klumpe stated that since both dogs are intact there is a chance that the two of them will breed and suggested just have one of the two dogs altered to keep that from happening. Ms. Williams stated again that she is against having her dogs sterilized. Mr. Chosnek commented to Ms. Williams that if the dogs are returned sterilized or not and ACO picks up the dogs again, she could lose ownership of both dogs. Ms. Williams stated that she understands that. Mr. Klumpe suggested returning both dogs to Ms. Williams unsterilized and having Ms. Williams sign a Nuisance Animal Agreement for both dogs. However, if the dogs get out of the yard again and ACO catches them, they will both be sterilized both they are returned to Ms. Williams. Ms. Williams stated that she is on board with that and agreed. Mrs. Murray, along with the Board, is in favor of this arrangement that Mr. Klumpe presented. Mrs. Ross moved for approval of the new arrangement and approval of Ms. Williams appeal. Mr. Childress seconded. Passed. Animal Control Appeal for Chino Mr. Chosnek stated this is an appeal for Chino. Mr. Chosnek stated that the record should reflect that neither appellant are in attendance and they were given proper notice of the appeal that they filed. Mr. Chosnek asked the Board to take notice of all of the ACO reports in the packet. Mr. Chosnek asked the Board to make a determination based on those reports and a lack of animal owners to appear at the hearing. Ms. Murray stated that there were 17 reports for Chino. Mr. Klumpe stated that a Nuisance Animal Agreement was not entered into with Chino because ACO was getting cooperation from the owners. Mr. Klumpe stated that Chino is a Chow and is very difficult dog to catch. Mr. Klumpe stated that to keep cooperation going, ACO explained to the owners that at some point Chino will be caught and then impounded with a good chance of not having the dog returned to them. Mr. Klumpe stated that the dog has broken teeth, the back door of the house is broken and the fencing is practically non-existent. Mrs. Ross is concerned with whether the dog is a threat to children when he is loose. Mr. Klumpe stated that when ACO has received calls in the past it has been because the dog is chasing cars and people. Mr. Klumpe stated that Almost Home will make a determination if Chino would do better in a breed specific rescue group for him. The Chow breed is typically a one person dog and Chino is not altered. Mr. Childress moved to deny the appeal. Mrs. Ross seconded. Passed. Time: 11:14 a.m. BOARD OF PUBLIC WORKS AND SAFETY Cindy Murray s/s President Pro-Tem ATTEST Mindy Miller s/s Mindy Miller, 1st Deputy Clerk Minutes written by Mindy Miller, 1st Deputy Clerk