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HomeMy Public PortalAbout02.07.2023 Special Magistsrate Animal Control MinutesSpecial Magistrate Hearing Minutes February 7, 2023 5:00 p.m. Council Chambers 1 Call to Order The hearing was called to order by Special Magistrate S. Taylor at 5:01 p.m. 2 Administration of oath to staff/ Respondents /Witnesses Special Magistrate S. Taylor administered the oath to the staff, respondents, and witnesses. 3 Hearings 3.1. Animal Control 3.1. A. Case CPD22CAD033354 Special Magistrate S. Taylor opened case CPD22CAD033354 for the appeal of the petition of the classification of a dangerous dog being named Gotham. Mr. Taylor explained that this is an appeal of a predetermination that Gotham is a dangerous dog, he will hear first from those who made the determination that and then from the person in opposition to that classification. He noted that the outcome of tonight can be the final determination, or it can be subsequently appealed all the way to the circuit court of the State of Florida. Special Magistrate S. Taylor stated that this is not a formal court, and everyone will have the opportunity to be heard. Mr. Jonathan Holloway, City Attorney opened with a brief statement citing Chapter 767 of the Florida Statutes on a challenge to an initial determination and to classify the dog as a dangerous dog. City Attorney, Mr. Holloway proceeded to present the case of determining the classification of a dangerous dog by presenting evidence and questioning witnesses. City Attorney, Mr. Holloway requested that Exhibits 10, 11, 12 be entered into the record and concluded his presentation. Special Magistrate S. Taylor accepted Exhibits 10, 11, 12 in the record and asked Ms. Vanessa Gonzalez if she had any evidence to present. Mr. Taylor noted that Ms. Gonzalez did not have an attorney present to represent her. Ms. Vanessa Gonzalez, owner of the dog in question preceded to present evidence and question witnesses. City Attorney, Mr. Holloway, then questioned the Animal Control Officer, Katherine Healey and asked that composite Exhibit 16 be entered into the record. Special Magistrate S. Taylor accepted composite Exhibit 16 into the record. Special Magistrate S. Taylor determined after reading the Florida Statute 767.011 that from the evidence presented that there was a bite and persons were severely injured and that there was no evidence presented in the contrary that the dog did not bite anyone. He determined the classification of the dog, Gotham, as a dangerous dog. There was no recommendation that the dog be put down or that the dog be euthanized. It was requested that the dog be deemed a dangerous dog, which under Florida Statute the case meets the definition. The initial determination will stand unless appealed. In accordance with Section 767.12, the City of Crestview initially determined that the animal, Gotham, is to be classified a dangerous dog. Unless there is a further appeal, there is nothing in the Order that indicates that Gotham is not to be returned to its owner. Mr. Taylor informed Ms. Gonzalez that certain events have been triggered for her to have the dog returned. The items are to ensure current vaccinations, proper enclosures to confine the dog, posting signs on the premise alerting that there is a dangerous dog with the propensity to bite. In addition, Animal Control must be notified when the dog is loose or unconfined, and if and when the dog may be sold. Special Magistrate S. Taylor concluded the Hearing for Case CPD22CAD033354. 4 Adjournment Special Magistrate S. Taylor adjourned the hearing at 6:30 p.m. Minutes submitted by, /Natash Peacock, De uty City Clerk Notice Having been properly given For the Office of the City Clerk