The City Council met in regular session on December 5, 2016 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Walker presided:
City employees present were Public Works Director McFrederick, Chief Drew, Clerk Kennedy and Attorney Green.
PLEDGE OF ALLEGIANCE
MINUTES: The meeting was called to order. The minutes of November 21st were approved as presented by Councilman Peterson, second by Councilwoman Grant. Motion carried by a unanimous vote of the Council present.
VICIOUS DOGS HEARING: Officer Walters stated on November 16th a call came in that several dogs had an elderly male pinned on his porch. Mr. Hazelbaker said he had to retrieve a stick to ward off the dogs and get them back across the street. He was able to get the dogs back in the house. There was a deceased cat in Mr. White’s yard that belonged to him. He knows which 2 two of the four dogs killed the cat. He has a total of five dogs. The City Code reads if property has been damaged or someone has been bitten the animal could be declared vicious. The next day he met with Mr. White for vicious dogs, warned him on the kennel requirements, cited for failure to license and dogs at large. The vicious dogs citation was due to killing the cat. Mr. White was able to tell Officer Walters which two dogs killed the cats. Mr. Hazelbaker did provide comment in his witness statement that the dogs were usually kept on their own property and taken care of; however they did show aggressiveness toward him. Four of the five dogs left Mr. White’s property to chase a neighbor dog. The four dogs involved are pit pull/bulldog mix, boxer, and two pit bull terrier boxer mixes.
Daniel White II of 214 E North Street stated the two dogs in question had cat hair in their teeth. They are both under one year old and are very hyper with puppy attitudes. He is trying to find homes for these two dogs; one is 8 months old and the other about a pregnant 1 year old. The cat in question was always attacking the dog and then the puppies would fight back. Angie Hazelbaker said Mr. Hazelbaker didn’t feel threatened by the dogs but did say they were hyper and with his age, he couldn’t really fight them off. Daniel stated he has trained his dogs to stay in the yard when he’s out there. The morning he left for CDA, he left the door unlocked for the person checking on the dogs. Somehow the door got left open, and the dogs got out of the house. He has never known his dogs to be vicious except to the one cat. He doesn’t want his dogs labeled as vicious dogs.
Officer Walters stated when Mrs. Beene called in and reported the incident, she feared for Mr. Hazelbaker’s life and was concerned what the dogs would do if he fell. Mr. Hazelbaker is a neighbor to Mr. White. He was able to get the dogs to go back to their house but then when he turned to leave, they followed him back to his house.
Councilwoman Farris questioned if the yard was fenced, how did they get out? Mr. White explained the back yard fence is 6’ tall and that’s where he lets them go to the bathroom. His dogs have never got out but another dog got in from the outside which is how the one dog got pregnant. He has fixed the fence. They were gone to Coeur d’Alene and the door got left open and the dogs got out. The person checking them wasn’t coming over until later.
Councilman Lester questioned what door he kept referring to. Mr. White stated the dogs were in the house and the front door was unlocked. He doesn’t know how it got open. This is the 1st offense at this time.
Councilman Lane asked how many dogs is he trying to find homes for. Mr. White responded two.
Councilwoman Grant asked what Mr. White would be doing when he needs to leave again. Mr. White stated the doors will be locked if they have to leave again. The person checking the animals will have a key.
Mayor Walker asked which dogs or cat were licensed and if he was aware of the three dog limit. Mr. White responded none are licensed and now he knows of the limit. He explained he hasn’t licensed the dogs yet. He plans to but he needs to get the rabies done first and he doesn’t have enough money.
Councilman Winkler confirmed with Mr. White that the dogs do not have their rabies shots.
Mayor Walker stated the facts: Mr. White has 5 dogs and 1 cat, none are licensed, they don’t have rabies vaccines, he’s only allowed to have 3 dogs and there is a witness that was fearful of Mr. Hazelbaker’s life. His recommendation would be to get rid of the two vicious dogs within 10 days and license the remaining dogs and cat within 30 days.
Mr. White stated he was financially incapable right now of licensing the dogs.
Councilman Lester confirmed the two dogs that killed the cat are the dogs that he’s trying to get rid of.
Councilwoman Farris questioned if after the 10 days the dogs need to be impounded, whose expense it would be. She didn’t feel the City should take on the expense.
On motion by Councilman Lester, second by Councilman Peterson to accept Officer Walters declaration declaring the two dogs vicious, to give Mr. White 10 days to remove them from the city limits, to give him 30 days to license the other three dogs and one cat which includes rabies vaccines. If the two vicious dogs are not removed from the City within 10 days the City police will impound them and come back to the council on what to do and the Police need to do a site check on the fence. The above is a recommended motion.
The hearing was closed.
On motion by Councilman Peterson, second by Councilman Lane to put the motion on the floor as previously stated by Councilman Lester. Motion carried by a unanimous vote of the Council present.
COMMITTEE REPORTS: Angela Norman was introduced as the new Library Director. On motion by Councilman Peterson, second by Councilwoman Farris to accept the Library Minutes of November 17, 2016. Motion carried by a unanimous vote of the Council present.
SURVEY: Councilman Lane provided a copy of the survey results as compiled for the Council’s review. There will be a presentation next meeting.
AUDIT ENGAGEMENT LETTER: On motion by Councilman Lester, second by Councilman Peterson to accept the audit engagement letter with Millington Zwygart for fiscal year ending 9/30/16 in the amount of $19,500. Motion carried by a unanimous vote of the Council present.
ITEMS TO NOTE:
The meeting adjourned at 8:25 P.M.
Bruce Walker – Mayor
Tonya Kennedy – Clerk