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HomeMy Public PortalAboutFOF and Signed Order_Gotham_Dangerous DogCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. CASE# CPD22CAD033354 Vanessa Gonzalez 616 Risen Star Drive Crestview, FL, 32539 Respondent. FINAL ORDER CLASSIFYING DANGEROUS DOG This matter came before the Special Magistrate on February 7, 2023 for hearing pursuant to § 767.12 (3), Florida Statutes, and Sections 10-13 et seq., City of Crestview Code of Ordinances. Respondent appealed the City's initial determination that sufficient cause existed, following investigation, to classify Respondent's dog named "Gotham" as a "dangerous dog" under Chapter 767, Florida Statutes and Chapter 10, City of Crestview Code of Ordinances. After receiving evidence, testimony under oath, and hearing the parties' arguments of the parties, the undersigned finds and orders as follows: FINDINGS OF FACT: 1. The respondent, Vanessa Gonzalez, whose last known mailing address is 616 Risen Star Drive, Crestview, FL, 32536, is the owner of the dog Gotham. 2. On December 26th, 2022, a two -year -old girl and her mother were attacked by Gotham at 616 Risen Star Drive, Crestview, FL 32536, while lawfully on the property caring for the animals owned by Respondent. 3. The injuries to the child consisted of multiple bites, and disfiguring lacerations requiring sutures, and required immediate emergency medical attention. 4. The injuries to the mother consisted of multiple bites to her arm and face. 5. On January 12th, 2023, the City completed its dangerous dog investigation, and Crestview Animal Services, as the animal control authority, made the initial determination that Gotham should be classified as a "dangerous dog". 6. Respondent received a Notice of Violation on January 12, 2023. The Notice advised Respondent that in accordance with § 767.12, Florida Statutes, the City of Crestview made the initial determination that Gotham was to be classified as a dangerous dog due to sufficient cause findings following Gotham's unprovoked animal attack on December 26, 2022, causing severe injuries to persons lawfully at the Respondent's private residence at 616 Risen Star Dr, Crestview, Florida 32539. 7. On January 18, 2023, Crestview Animal Services received a timely request for hearing and appeal of the City's initial Determination from respondent. A hearing before the undersigned was timely scheduled for February 7, 2023. CONCLUSIONS OF LAW: 8. The injuries sustained by the victims as a result of being attacked by Gotham constitute "severe injury" as defined in § 767.11, Florida Statutes. 9. Because there was a severe injury to a human on public or private property caused by the attack, Gotham meets the definition of a dangerous dog set forth in § 767.11, Florida Statutes, and is hereby classified as a "Dangerous Dog" for purposes of Chapter 767, Florida Statutes and Chapter 10 of the City's Code of Ordinances. IT IS FURTHER ORDERED AS FOLLOWS: 10. On or before fourteen (14) days following entry of this Final Order classifying Gotham as a dangerous dog, or the conclusion of any appeal that affirms this Final Order, Respondent or any other owner of the dog shall obtain a certificate of registration for Gotham from the animal control authority serving the area in which he or she resides, and renew the certificate annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: a. A current certificate of rabies vaccination for the dog. b. A proper enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points which informs both children and adults of the presence of a dangerous dog on the property. c. Permanent identification of the dog by microchip. d. Surgical sterilization of the dog, unless a veterinarian certifies in writing that sterilizing the animal would be injurious to the animal's health. If the health condition of the animal is of a temporary nature, then the owner shall employ a veterinarian to sterilize the animal immediately after the health condition has been corrected; e. Two color photos of the dog in two different poses showing the color and size of the animal; f. Fee simple ownership of the property upon which the dangerous dog and enclosure are located or, alternatively, permission to locate the dangerous dog and enclosure on the property from the fee simple owner of the property; and g. The owner shall secure the dangerous dog collar or tag around the dog's neck so that it is always clearly visible. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by § 767.12, Florida Statutes. 11. Respondent shall immediately notify the appropriate animal control authority when the dog: a. Is loose or unconfined. b. Has bitten a human being or attacked another animal. c. Is sold, given away, or dies. d. Is moved to another address. 12. Before Gotham is sold or given away, respondent shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this Final Order and § 767.12, Florida Statutes, and local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. 13. Respondent shall not permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting a person or animal. The owner may exercise the dog on the owner's property in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. 14. Respondent shall not use Gotham for hunting purposes. 15. Respondent shall immediately notify animal services if the owner believes that the dangerous dog has been stolen and shall file a police report. 16. Respondent shall not permit the dog to be left unattended with a minor child. 17. If Respondent fails to meet the requirements of this Final Order on or before 14 days following entry of this Final Order, and no appeal is pending, the dangerous dog will become the property of animal services and disposition will be in accordance with applicable policies. Done and Ordered on the date indicated in the signature line below. Digitally signed by Samuel B. Samuel B. Taylor Taylor Date: 2023.02.16 11:19:59 -06'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT C�P� BY:`n�1 �' (/ r- Q DATE: RIGHT TO APPEAL — As the Respondent, you have the right, at your own expense, to appeal the classification, penalty, or both, to the circuit court in accordance with the Florida Rules of Appellate Procedure after receipt of this final order. The animal may be held pending the outcome of any appeals related to the dangerous dog classification or any penalty imposed. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal pending any appeal.