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Code Enforcement Board Meeting Minutes 07/17/08

Sgt. Krauel continued his presentation remarking that once Duke had been found "potentially dangerous" by Animal Care and Control, there had been another attack but due to an administrative error by Animal Care and Control in failing to document their records appropriately, Duke was classified as "potentially dangerous" again. This is an error that Animal Care and Control completely acknowledges.

After the last attack on May 11, 2008, Duke was taken into custody by Animal Care and Control and after a hearing, was classified as "dangerous". Sgt. Krauel noted that the hearing before Special Magistrate Earl Mallory did not classify Duke as vicious because Duke had no documented cases of attacks on humans. After this last case was reviewed by Code Enforcement, sufficient evidence was also found by the Town to classify Duke as dangerous and Dr. Lynn was notified by registered mail. Dr. Lynn appealed to Town Council and that appeal was denied by Town Council by a 5-0 vote. The Town recommends a finding of non-compliance with Chapter 10, Section 10-6 as the Town has the two required affidavits of residents of the Town occupying separate households. The Board was provided with copies of four (4) affidavits.

Sgt. Krauel then proceeded with an explanation of Chapter 10, Section 10-45 and said the Town was requesting a separate motion for a finding of non-compliance of Chapter 10, Section 10-45 (i) and that Dr. Lynn be given until July 18, 2008 to come into compliance by either removing the dog from the Town or having it humanely euthanized. If compliance is not achieved, the Town recommends a daily fine of $250.00 a day commence on July 19, 2008 and continue until compliance is achieved.

Mr. Randolph requested the Board treat these two sections of the Code separate and apart. He said the first evidence heard related to Section 10-6 (3) and involved the affidavits from the residents of the Town. Because of the dispute Dr. Lynn's attorney has with regard to the manner that Section 10-45 was applied, Mr. Randolph recommended the two Code sections not be mixed up. Mr. Randolph said he would like for the Board to first consider whether there had been a violation of 10-6 and to make a motion one way or the other with regard to the Staff's recommendation. He then requested that Section 10-45 be entertained separately after Dr. Lynn's attorney and anyone else who wanted to speak had an opportunity to do so.

Vivian Dorris, 155 Brazilian Ave., said her beagle/bassett, Charlie, was viciously attacked by Dr. Lynn's dog, Duke and she has sustained approximately $8500 in vet's bills. She said her dog will never walk properly again because of severe nerve damage. She does not feel there are enough precautions being taken for the safety of residents on Brazilian Ave. She asked that the Board take this into consideration and thanked them for their service.

Wayne Gerl, 149 Brazilian Ave., said he has two dogs and every time he exits his driveway or front yard, he has to stop and peek around and make sure the other

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