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