Administrative Appeals Review Board

City of West Allis Meeting Minutes Administrative Appeals Review Board Tuesday, April 12, 2022 4:03 PM City Hall, Art Gallery 7525 W. Greenfield Ave. REGULAR MEETING A. CALL TO ORDER Mayor Devine called the meeting to order at 4:03 p.m. B. ROLL CALL Present 3- Mayor Dan Devine, Wayne Clark, and Martin J. Weigel Others Present: Nicholas Cerwin, Assistant City Attorney, Bob Leischow, Health Commissioner and Gina Gresch, Deputy City Clerk. C. APPROVAL OF MINUTES 1. 22-0131 October 25, 2021 Draft Administrative Appeals Review Board Minutes. Clark moved to approve this matter, seconded by Ald. Weigel, motion carried. D. MATTERS FOR DISCUSSION/ACTION City of West Allis Page 1 Printed on 7/11/2022 Administrative Appeals Review Board Meeting Minutes April 12, 2022 4. 22-0140 Appeal of Dangerous Dog Order by Leonard Hug, issued on February 2, 2022 at 831 S. 87th Street, Upper. Ald. Weigel moved to uphold the Dangerous Dog Order for Pluto, with the conditions established in Section 7.126(6) to include: 7.121(1) - Dogs and Dog Licenses - The dog shall be licensed with the City and up to date on all vaccinations and information. 7.126(6)(c) - Leash and Muzzle - No owner or caretaker, harboring or having the care of a dangerous dog may permit such a dog to go outside its dwelling, kennel or pen unless the dog is securely restrained with a leash no longer than ten (10) feet in length. No person may permit a dangerous dog to be kept on a chain, rope or other type of leash outside its dwelling, kennel, or pen unless a person who is sixteen (16) years of age or older, competent to govern the dog and capable of physically controlling and restraining the dog. is in physical control of the leash. A dangerous dog may be securely leashed or chained to an immovable object, with the owner or caretaker being in the physical presence of the dog at all times when it is so leashed or chained. A dangerous dog outside of the dog's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. 7.126(6)(f) - Spay and Neuter Requirements - Within thirty (30) days after a dog has been designated dangerous, the owner or caretaker of the dog shall provide written proof from a licensed veterinarian that the dog has been spayed or neutered. 7.126(6)(h) - Liability Insurance. - The owner or caretaker of a dangerous dog shall present proof of a certificate of insurance that the owner has procured liability insurance in an amount not less than one million dollars ($1,000,000) for any personal injuries inflicted by the dangerous dog. Whenever such policy is cancelled or not renewed, the insurer and dog's owner or caretaker shall notify the Police Department of such cancellation or non renewal in writing by certified mail. 7.126(6)(e) - Signs - The owner or caretaker of a dangerous dog shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two (2) inches high warning that there is a dangerous dog on the property. A similar sign is required to be posted on the kennel or pen of the dog. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog. The following requirements have been waived for the following reason(s): 7.126(6)(d) - Confinement - The property is an apartment owned by another individual. As such, the Board is not requiring a fence be installed at the property. Clark seconded, motion carried by roll call vote: Aye: 3- Mayor Devine, Clark, and Weigel No: 0 City of West Allis Page 2 Printed on 7/11/2022 Administrative Appeals Review Board Meeting Minutes April 12, 2022 2. 22-0129 Appeal of Dangerous Dog Order by Daniel Laack, issued on April 28, 2021 at the West Allis Dog Park. Clark moved to rescind the Dangerous Dog Order for Nick, Ald.Weigel seconded, motion carried by roll call vote: Aye: 3- Mayor Devine, Clark, and Weigel No: 0 City of West Allis Page 3 Printed on 7/11/2022 Administrative Appeals Review Board Meeting Minutes April 12, 2022 3. 22-0130 Appeal of Dangerous Dog Order by Dustin Stiloski and Sarah Spitzmueller, issued on February 7, 2022 at 3107 S. 122nd Street, Unit #9. Ald. Weigel moved to uphold the Dangerous Dog Order for Franklin subject to the following conditions established in Section 7.126(6) to include:: 7.126(6)(c) - Leash and Muzzle - No owner or caretaker, harboring or having the care of a dangerous dog may permit such a dog to go outside its dwelling, kennel or pen unless the dog is securely restrained with a leash no longer than ten (10) feet in length. No person may permit a dangerous dog to be kept on a chain, rope or other type of leash outside its dwelling, kennel, or pen unless a person who is sixteen (16) years of age or older, competent to govern the dog and capable of physically controlling and restraining the dog. is in physical control of the leash. A dangerous dog may be securely leashed or chained to an immovable object, with the owner or caretaker being in the physical presence of the dog at all times when it is so leashed or chained. A dangerous dog outside of the dog's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. 7.126(6)(d) - Confinement - Except when leashed and muzzled, all dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker and constructed in a manner that does not allow the dog to exit the pen or kennel on its own volition. When constructed in a yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this paragraph. The pen or kennel shall be childproof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences [at least two (2) feet] shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous dog shall be locked with key or combination lock when the dog is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two (2) feet. All structures erected to house dangerous dogs shall comply with all City zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition. Indoor confinement. No dangerous dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition. No dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure. 7.126(6)(f) - Spay and Neuter Requirements - Within thirty (30) days after a dog has been designated dangerous, the owner or caretaker of the dog shall provide written proof from a licensed veterinarian that the dog has been spayed or neutered. The following requirements have been waived for the following reason(s): 7.126(6)(h) - Liability Insurance & 7.126(6)(e) – Signs – the dog has been adopted and currently lives in Oconomowoc. Clark seconded, motion carried by roll call vote: City of West Allis Page 4 Printed on 7/11/2022 Administrative Appeals Review Board Meeting Minutes April 12, 2022 Aye: 2- Mayor Devine, and Weigel No: 1- Clark E. ADJOURNMENT Ald. Weigel moved to adjourn at 5:13 p.m., Clark seconded, motion carried. All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 5 Printed on 7/11/2022