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Home My WebLink About01-05-16 SBACC Meeting MinutesSBACC COMMISSION HEARING JANUARY 5TH. 2016 MEMBERS: ALL MEMBERS PRESENT CITIZENS: OFFICERS, VICTIMS, DEFENDANTS CALL TO ORDER @ 6:30 ERNY GIVES OVERVIEW OF WHAT WILL HAPPEN, RECORDING, REGULAR MEETING THEN COMPLIANCE HEARINGS FIRST ORDER OR BUSINESS, MINUTES FROM PREVIOUS MEETING MOTION TO ACCEPT MINUTES: 11T BARB, 2ND BECKY PASS 5 - 0 AGENDA: BECKY GOES OVER 2ND ANNUAL RAIN DOG PRANCE - PARTNED WITH FOURWINDS FIELD -OVER 100 PEOPLE NEXT EVENT: RUMMAGE SALE, PIT BULL SOUTH BEND IS SPENDING TIMEATTHE SHELTER DOING KENEL ENRICHMENT REPORT FOR COUNCIL: DETERMINED TO BE DUE MARCH 1ST OF EVERY YEAR - MINUTES AND VARIOUS REPORTS BECKY ASKS EMILY TO E -MAIL THE APPLICATIONS FOR RENEWL, ALL MEMBERS NEED TO RE -APPLY BESIDES ERNY & BECKY. APPLICATIONS CAN BE BROUGHT TO THE CITY CLERKS OFFICE. BEFORE THE 30TH OF JANUARY. NEXT HEARING DATE: SET TO BE FEBUARY 2ND, 2016 @ 6:30 P.M. MOTION TO ADJOURN REGULAR MEETING: 1ST BETSY, 2ND ERNY PASS 5 - 0 CONCLUSION OF REG. MEETING @ 6:37 P.M. WE ARE HERE FOR 2 HEARINGS: EARNY EXPLAINS PROCESS OF HEARING TO BOTH PARTIES 1ST CASE# 2015- 12 -01: CITY OF SOUTH BEND VS AMY JONES 1425 E. FOX STREET STEPHANIE STEELE OPENS BY DECLAIRING THAT IN BOTH CASES SOUTH BEND ANIMAL CARE & CONTROL IS ASKING FOR THE DOG TO BE DETERMINED VICIOUS TO THE STAND: REBECCA WITT, 1433 E. FOX ST. S.B. IN - SWEARS IN - CONFIRMS THERE WAS AN INNCODENT ON SEPT. 23RD INVOLVING 2 PIT BULLS -WHILE OUTSIDE GETTING LAUNDRY OFF THE LINE, SHE WAS ATTACKED BY 2 PIT BULLS -SHE WAS ATTACKED ON THE HANDS AND LEGS, UNTIL FINALLY THE DOGS WERE SCARED OFF -SHE KNEW WHO THE DOGS BELONGED TO BECAUSE OF A PRIOR ENCOUNTER WITH AMY JONES AT HER HOUSE WHILE TRYING TO RETURN A CAT THAT WAS RUNNING LOOSE. IT WAS AT THAT TIMESHE SAW SEVERAL PIT BULLS WITH MISS JONES AND RECOGNIZED THE DOGS. -WITT CONFIRMS PHOTOS (EVIDENCE) ARE THE DOGS THAT ATTACKED HER - NOTHING WAS DONE BY REBECCA WITT TO PROVOKE THE DOGS -SHE RECEIVED MEDICAL TREATMENT FROM MEMORIAL - COMMISSION QUESTIONS REBECCA WITT -MISS STEELE ASKING VICTIM TO SHOW THE COMMISSION HER SCARS STEELE'S FOLLOW UP: -DID YOU EXPERIENCE ANY PAIN FROM THIS INCODENCE? -YES. I SEE A PSYCHIATRIST, I HAVE NIGHTMARES AND AM AFRAID TO HANG MY LAUNDRY. THERE IS RESIDUAL PAIN ON MY LEGS. WITNESS: RANDY HIGHLAND. SBACC OFFICER -GOT A NIGHT CALL FROM SBPD, ARRIVED ON SCENE, BROWN DOG ON 11425 FOX -DOG RAN AWAY BUT WAS LOCATED AT MISS JONES HOUSES (HEAD STICKING OUT A BROKEN WINDOW ON THE PORCH) - CONFIRMED BY AMY JONES THAT THE BROWN DOGS NAME IS MOJO & ALSO THE WHITE DOG IS HERS -MISS JONES WAS REMORSFUL OF THE INNCIDENT -DOG IS NOT REGISTERED, IS UNALTERED *MISS JONES STATES THAT BOTH DOGS WERE QUARENTEENED* ERNEST QUESTIONS OFFICER RANDY HIGHLAND STEELE VARIFYS THAT OFFICER DID NOT SEE VICTIM THAT DAY ERNY ASKS MISS JONES IF THERE IS ANY QUESTIONS, THEN ASKS MISS STEELE TO CALL ANY OTHER WITNESSES. STEELE: SBACC HAS NO FURTHER WITNESSES TO THE STAND: AMY JONES, 1425 E. FOX STREET - SWEARS IN -DOGS ARE NOT AGGRESSIVE - WINDOW WAS BROKEN AND THERE HAD BEEN A CAT LURKING AROUND THE PORCH - BELIEVES THE DOGS BROKE THROUGH THE WINDOW TO GET THE CAT -THEY DON'T EVER ACT LIKE THAT, THE DOGS HAVE NOT GOTTEN OUT SINCE THE INNCIDENT -THE LICENSES HAVE BEEN HARD TO GET BECAUSE OF A HOUSE FIRE AND LOOSING EVERYTHING -FEELS VERY REMORCFUL, I DIDN'T THINK MY DOGS COULD EVER DO THAT, THEY DON'TJUST ROAM FREE, THEY ARE THE BIGGEST BABIES - BROUGHT THE PROOF OF RABIES SHOTS, SUBMITS AS EVIDENCE - COMMISSION QUESTIONS MISS JONES STEELE: ASKING THAT THE DOGS BE DEEMED VICIOUS. MISS WITT DOES NOT WANT THE DOGS EUTHANIZED ERNY EXPLAINS WHAT HAPPENS AFTER THE HEARING AND POTENTIAL COMPLIANCE REGULATIONS CASE CLOSED C 7.25 P.M. 2ND CASE# 2015- 12 -10: CITY OF SOUTH BEND VS JOSELUIS BRISENO STEPHANIE STEELE RELAYS THAT SBACC WOULD LIKE THE ANIMAL TO BE DEEMED VICIOUS UNDER THE CITY ORDINANCE. CALLS FIRST WITNESS: SONIA WOMACK. 2206 S. LAFAYETTE BLVD. APT. B. SOUTH BEND. IN - SWEARS IN - CONFIRMS THERE WAS AN INCIDENT WITH HER DOG ON 12 -10 -15 - HER DOG WAS A JACK RUSSLE /MIX, HAD SINCE MAY OF 2015, WAS ABOUT 4 -5 YEARS OLD - JACK DIED BECAUSE OF THIS INCIDENT - JACK WAS OUTSIDE ON HIS LEASH WHILE SONIA WAS INSIDE, WHEN SHE WENT TO CHECK ON HIM AND SAW TWO DOGS (ONE WHITE ONE BLACK, BOTH PIT BULLS) TUGGING AT JACK - HER SON RONNY CAME OUTSIDE AND TRIED TO HELP HIS MOM GET THE DOGS AWAY - SONIA GRABBED A SHOVEL AND BEGAN HITTING THE BLACK DOG ON ITS HEAD, BY THAT TIME THE WHITE DOG WAS GONE - FINALLY THE BLACK DOG DROPPED JACK AND IT WAS CLEAR THAT JACK WAS DEAD - JACK WAS STILL ON HIS COLLAR /CHAIN - SONIA DID NOT KNOW WHO OWNED THE PIT BULLS AT THE TIME STEELE'S FOLLOW UP: - ASKS SONIA TO CONFIRM THAT PHOTO EVIDENCE IS INFACT HER DOG - SONIA CONFIRMS THAT THE PHOTOS ARE OF HER HOUSE AND HER DOG - EVIDENCE 3 AB, 4 AB, & 5AB SUBMITTED AS EVIDENCE, ALSO 12AB & 13AB - EARNY ASKS FOR ANY OBJECTIONS TO THE PHOTOGRAPHS, ACCEPTED - SONIA TALKED TO THE OWNERS OF THE DOGS THAT DAY AND THEY EXPRESSED REMORSE, JACK WAS CREMATED & OWNERS OF THE PIT BULLS HELPED PAY FOR THAT - SONIA IS CONCERNED ABOUT KIDS IN THEIR NEIGHBORHOOD COMMISSION QUESTIONS: - HOW FAR AWAY DO YOU LIVE FROM THE DEFENDANTS HOUSE? o 3 -4 HOUSES - HOW LONG WAS THE LEASH AND WHAT WAS IT ATTACHED TO? o ON A POLL IN THE MIDDLE OF THE YARD - ARE THERE ANY FENCES ON YOUR PROPERTY? o NO - HOW DID YOU FIND WHERE THE DOGS LIVED? o SONG RONNY KNEW, HE HAD SEEN THE DOGS THERE BEFORE - HOW LONG DID THE PIT BULLS HAVE YOUR DOG? o INCIDENT HAPPENED WITHIN 2 -3 MINUTES, AROUND 3:00 P.M. - WERE THE DOGS AGGRESSIVE TOWARDS YOU? o NO WITNESS: APRIL MICHAELS, SBACC OFFICER, 2 + YEARS - SWEARS IN - GOT A CALL @ 2:57 P.M. FROM SBPD - ARRIVED AT 3:15 P.M. AND WAS MET BY MISS WOMACK & RONNY - APRIL CONFIRMS THAT SHE TOOK THE PHOTOS o 3,4,5 (AB) VICTIMS ADDRESS o 12,13 (AB) ATTACKING DOGS - SHE SAW JACK, DEAD IN THE BACK YEARD - WENT TO THE DEFENDANTS HOUSE, THEY WERE HOME AND COOPERATIVE AND LET APRIL TAKE PHOTOS OF THE DOGS o TRIED TO CAPTURE THEIR MARKING AND WHAT APPEARED TO BE BLOOD - THE BLACK DOG WAS VERY AGGRESSIVE BECAUSE OF HER PUPPIES, AFTER THE PHOTO WAS TAKEN APRIL ASKED THAT THE DOG BE MOVED TO ANOTHER ROOM - PUPPIES IN OTHER ROOM - PHOTOS SUBMITTED AS EVIDENCE - OWNERS WERE UNAWARE THAT THE BLACK DOG WAS OFF THE PROPERTY AT ALL COMMISSION QUESTIONS: - WHERE ARE THE DOGS NOW? o ATTHE OWNERS HOME WITNESS: RONALD WOMACK - CONFIRMS THAT HIS MOTHERS STATEMENT WAS CORRECT - HE HAD SEEN TWO PIT BULLS 3XS o ONCE IN THE DRIVEWAY GETTING BATHED ■ WHEN THEY WERE PUPPIES, AND AS ADULTS o SAW IN DRIVEWAY WITNESS: ANDY CHAMORRO - SWEARS IN AT 2 P.M. HE WAS WALKING HOME FROM SCHOOL, WHEN HE GOT HOME HE HEARD 8 CRIES FROM THE MOTHER DOG - ANDY CALLED HIS SISTER WAS ON HER WAY TO HELP MOM DOG WAS AGGRESSIVE TOWARDS HIM, TOOK DOGS OUTTO GO TO THE BATHROOM, WAS WITH THEM ON A LEASH, HE PUT THE BOY DOG IN THE CAGE OUTSIDE BUT LEFT THE WHITE DOG OUT, THEN HE WENT DOWNSTAIRS TO GET PUPPIES. HE HEARD CRIES OUTSIDE SO HE WENT TO LOOK AND SAW HIS DOG WITH JACK. THEN HE HEARD A KNOCK AT THE DOOR (A NEIGHBOR) STEELE'S FOLLOW UP: - "THEM" IS ADULT DOGS & THEY WERE NOT ON A LEASH. DID THEY EVER SHOW AGGRESSION? o NO, & I DON'T KNOW THE MALE DOGS PAST. THIS WAS THE FIRST FEMALE DOGS LITTER- ANDY COMMISSION QUESTIONS: - WHEN IS THE KENNEL USED? o WHENEVER THEY GO OUTSIDE - HAVE YOU SEEN ANY MORE AGGRESSION? o NO ONE SEES THEM, THEY STAY IN THE BASEMENT - HAVE THE PUPPIES BEEN TO THE VET? o NO, TOO YOUNG CLOSING STATEMENTS: - STEPHANIE STEELE; ASKING BOTH DOGS BE DEEMED VICIOUS WITH ADDITIONAL RESTRICTIONS, SBACC DOES NOT WANT ANIMALS EUTHANIZED MR. GALOS BRIEFS ALL PARTIES ON THE PROCESS OF WHAT HAPPENS NEXT MEETING ADJOURNED: 8:30 P.M. DECISIONS: 1ST CASE- POTENTIALLY DANGEROUS 2ND CASE- VICIOUS + 5 -SIDED SHELTER