Well, first we read the thing to determine that there's sorry.

Thank you.

Okay, we're gonna call to order the special meeting for the Animal Control and Education Commission.

And Heather, could you take roll to verify quorum?

Tamara.

Here.

Bill.

Kindle.

Here.

Linda?

Here.

Nancy.

Here.

We have a quorum.

Thank you.

And how this will work, I'll read into the record the complaint.

We will then vote at that time that there is probable cause or not.

If there's probable cause, we'll continue with the hearing.

If there's not probable cause found by the board, then with then the hearing will be over.

Um the complainant is Michelle Martin.

And at 408 Lodge Avenue, Evansville, Indiana, 47714.

The owner name is Brandy Jones at 959 Alavard Boulevard in Evansville, Indiana, 47714.

The incident and incident of this one, this event was on 528 of 26 at 11 a.m.

At the owner's address.

A human was injured.

Dog charged outside of owner property and across the street and attacked a bit while I was walking by.

I witnessed it charged to other people as I was waiting for AC.

And that's that complainant.

And then there was a second complaint that came in regarding the same scenario.

So I'll read that for same dog.

Same property.

At 408 South Alavard as well.

Brainy Jones also named as the owner at 959 South Alavard.

It was um Thursday, May 28th, so the same 11:15 a.m.

I was on a jog when a jog down Olivard on the east side of the street against traffic opposite side of the opposite side of house and dog ran charged.

Growling at other another runner.

And the description.

I had headphones on because I was on the opposite side of the street.

Then 959 Boulevard.

I was looking ahead.

I heard growling and barking and a dark brown black dog with some white coloring on belly charged at me on brushes, brushed my leg, up my leg.

I was afraid, so I stopped running, turned my back to and waved to a mail truck.

By the grace of God, I was not bit, but as continued, I continued walking around the corner on Washington.

I saw my friend who had just been bit by some dog.

959 Alavard Boulevard had aggressive dogs in their yard for years, accumulating none.

More, and breeding.

There was no urgency to get dog inside.

Since then, they have put up beware of dog signs and back black tarps of fence.

The dog has been out since with no muzzle.

They also have ripped screens and windows open, and with happening, this will happen again.

Another couple of runners who frequent this route stopped because they knew immediately what happened because they have been fearful of this for a while as well.

The man mentioned that he would start running with his gun.

Is a highly trafficked running, walking, biking street of people and dogs and of all ages and kind and kinds and kids.

So that is the complaints that we have before us today.

We find probable cause or not.

And since the dog you said it are the one statement was that it ran out and attacked a person.

Yes.

I feel there's probable cause.

I'll second that.

So we're first by Linda and second by Tammy for probable cause.

All those in favor say aye.

Aye.

Any opposed?

Nay, we find probable cause.

Now we'll turn to the attorney and he will give us guidance on the hearing today.

Good morning, everybody.

Before we begin, I want to confirm that we have everybody present today.

Is uh Miss Michelle Martin here?

Thank you.

Is forgive me if I mispronounced this.

Is Jane Emig here?

Is that close enough?

All right, good deal.

Is uh Miss Brandy Jones here?

Thank you.

So my name is Andrew Voykin.

I am an assistant city attorney.

The commission has asked me to moderate this hearing this morning.

I am not the judge of any evidence presented today.

I have no decision making authority, but am solely acting as the moderator to ensure that everything goes smoothly and is in compliance with the Evansville Municipal Code.

The commission shall weigh all evidence presented today and make a decision as to whether the animal subject to those complaints that Nancy Evans just read is in fact a dangerous animal.

So the Animal Control and Education Commission is authorized pursuant to section 605-150, the Evansville Municipal Code to declare an animal to be dangerous.

The commission, as I mentioned, will review the evidence and render a decision today before all of you to declare whether the animal is dangerous.

They will discuss and weigh the evidence right in front of you so it is a transparent uh process.

A dangerous animal is defined as any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner.

Such a determination is to be made from past acts of aggressive behavior justifying that determination.

Importantly, a dog's breed shall not be considered in determining whether or not it is dangerous.

With that in mind, we would ask that you all make your best effort today, those of you who are testifying or presenting evidence not to mention the breed of the dog or what breed it appears to be.

Now, an animal may not be declared dangerous if one, it was protecting or defending a person within the immediate vicinity of the animal from an attack or assault.

Two, if at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal, three, if the recipient of the attack was teasing, tormenting, abusing or assaulting the animal, or in the past had teased, tormented, abused, or assaulted the animal.

Four, if the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian.

Five, if the animal was responding to pain or injury, or protecting itself, its kennels or its offspring.

Or six, if the person or domestic animal was disturbing the animal's natural functions, such as sleeping or eating.

Neither growling nor barking nor both shall alone constitute grounds upon which to find an animal to be dangerous.

Suppose that goes without saying.

So that's the substance of it.

So the parties may provide any evidence that they wish the commission to hear, including any witnesses, pictures, or video they may have.

Now any pictures or video that you have will be kept by the commission.

So if you have it on your phone, I my advice would be don't give your phone to the commission because you won't get it back.

Any evidence submitted to the commission in the form of an exhibit will be kept by it and will not be returned to the parties as I mentioned.

If the evidence you wish cannot be transmitted to the commission, the commission, of course, cannot consider it.

First, the complainants, uh Miss Martin, Miss Emig will present their testimony.

The commission will ask them questions at the conclusion of their testimony, but will not offer further comment.

After they present their evidence, then the respondent, Ms.

Jones will be able to present her testimony and respond to the complainant's testimony.

Offer any additional evidence in response to the respondents' testimony.

So if Ms.

Jones brings up something that either of you want to clarify, you are welcome to do so.

And then we go one more time where the respondent will have an opportunity to address that rebuttal testimony that I just mentioned.

So all testimony will be conveyed from that podium right there to the commission.

Now, so that we have a clean record in the event uh this decision is appealed.

Um we ask that anybody who comes up to testify begins their testimony by reciting their name and their residential address into that microphone.

And each party and their witnesses should, of course, uh speak respectfully towards the other parties.

It's never been a problem before, and it goes without saying, but uh worth mentioning.

And I will remind the commission now that during testimony from any party or witness, the commission may only ask questions of the witness, may not offer any commentary at that time.

As I mentioned at the beginning, you will hear the commission discuss and open the floor before you and weigh the evidence, what it uh what it thinks and what its reasoning is for its decision.

Now, once all the testimony has been given and the exhibits have been received, then the animal controlintendent will deliver the report from the animal control department.

A report has been generated because of these incidents, and after that, the president will offer the floor for anybody on the commission to offer their comments.

They may, if necessary, ask further questions of either the complainants or the respondents.

So they may be called up after all the testimony's been given just to clarify some things.

If the commission so desires, once the complainant and respondent have each had the opportunity to present testimony, any rebuttal testimony, and the commission has concluded all of that questioning that I just talked about, the evidence will be considered closed, and no further testimony, evidence, or comment from the parties may be considered by the commission during their deliberations.

The commission will deliberate before you and determine whether the animal subject to those complaints is a quote dangerous animal.

Now we discuss the definition of a dangerous animal under the Evansville Municipal Code.

And I should mention also that that determination is made upon a certain standard, and that standard is a preponderance of the evidence.

If injury to a person was involved, the commission will also deliberate and determine whether the injury suffered by the person was a quote serious bodily injury.

That too is a term of art in the Evansville Municipal Code, and it means a bodily injury, which creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of a bodily member or organ.

That too is made upon a quote preponderance of the evidence standard.

Not sure if that's present based on the complaints, but we will let the parties present their evidence and see where we go from there.

Based upon these findings, the commission will, as I mentioned, make its determination.

If the animal is determined to be indeed dangerous, it will discuss what restrictions to be imposed upon the animal and its custodian or owner.

That too will be discussed before you and the commission will uh give its reasoning out in the open.

Both parties, I mentioned appeals, both parties have the right to appeal the decision that is ultimately ultimately rendered by the commission.

If appealed, it must be appealed within 10 days of the decision.

So you're looking at June 27th, to either the Vanderburgh County Superior or Circuit Court by verified complaint.

Follow that out of the way, we will now proceed with the hearing.

And before we do that, I would ask any person, whether they are a party or a non-party witness, any person desiring to give testimony today to please stand, raise your right hand so that you may be sworn in.

Do each of you swear or affirm that the evidence that you shall give shall be the truth, the whole truth, and nothing but the truth.

If so, please say I do.

Thank you.

At this time, we'll have Miss Martin come up and give her testimony.

And how this will go is we'll have 10 minutes for each side to present their case.

It'll be paused or stopped for any questions that we have that would stop it, but the total 10 minutes for each side.

So am I just supposed to kind of reiterate what I put in the whatever you want us to know?

Yes.

State your name and address for the record.

Okay, Michelle Martin.

I'm at 408 Lodge 4714.

Um I mean, I'm just pretty much going to reiterate what was in the report.

Uh, there's not much more.

I run the same route for a couple years now.

Um the dogs always kind of show aggression at the fence.

I don't ever engage with them just because of the agitation that they show that particular day.

I didn't see this specific s specific dog inside the fence.

And I thought, oh no.

But I made it to the boulevard, and it out of the corner of my eye, I saw it charging my leg, and it got instead of the back of my leg, it got the side of my leg, because I started to turn and to try to back away from it.

Um, like I said, it kind of after it like unlatched from my leg, still was trying to come at me, and I was just trying to back away from it, like right next to Washington Avenue or like car, like busy traffic.

Um, and I made it to the other side and it kind of retreated back to the house.

And that's when I called animal control, but I watched it charge the mailman and then uh Jamie the same way.

Uh I mean there was never any issue when it's on inside the fence, um, but I don't know how it got out of the fence, but I've never seen anyone outside attending to the dogs.

They've always just kind of been outside, you know, in the fence-in area by themselves.

Um, which is never an issue, but if they ever get outside the fence, then I worried that it would happen again because I mean I didn't even look at the dogs look at the yard and it still like ran after me.

So um I would just worry if it got out of the yard again that it I mean it would happen again if some to someone else if you know not me.

So and I just have pictures of the dog outside the fence and like the progression of the bite of my leg.

I I had to take antibiotics for, I guess.

Okay, so any any evidence that you have that you want us to see, you'll present to the attorney and he'll advise you what to do.

Yes, and and first actually, if you wouldn't mind presenting it to uh Miss Jones first just to see if she has any objection to it and uh we'll go from there.

Okay.

Let the record show that the respondent has no objections to the exhibits.

Thank you.

Okay, so how many dogs were there all together?

I can't remember like their puppies were outside.

I don't know how many.

There were maybe five.

I didn't count them, because like I said, I didn't turn to look inside the fence just because I didn't I don't like to agitate them.

Um but the that particular dog was on the outside of the fence, and they're the only ones I saw that day.

And is this the house and fencing that?

How is your injury?

Is it healing healing?

Yeah, it's getting better.

Do you expect to have any permanent damage from it?

A small scar.

Yeah.

And do you want do you want Miss and Make to come now to give her testimony?

Uh yeah, that's fine.

Does anyone have any questions with Ms.

Martin?

Okay.

Thank you.

Good morning.

My name is Jamie Immig, and I'm at four oh eight South Alvard Boulevard, 47714.

Could you spell the last name?

E M-I-G.

Okay, thank you.

Yeah, welcome.

Um prefacing all of this.

I've lived on Alvard with my husband and two young kids for about seven years.

Um the purpose of buying this house on Alvard is because it is known as being a very very family friendly walking, running dog walking, pushing a stroller street.

Um unfortunately on that day that comfortability and of um level of safety disappeared, which is very unfortunate.

Um, I was on an independent run from Michelle.

Um it just kind of so happened, you know, we're good friends.

We knew we were going running, but I was not on the same route as her.

Like I said in my um report that I filled out, I was running south toward Washington on Alvard, purposefully, because one of the officers actually told me, well, you should run on the opposite side of the street, which I was already doing.

Um, so I again I was on the east side of the street running against traffic while their house sits on the west side of the street.

Always knowing to avoid this home because you know, as Michelle said, there's always dogs out, there's always, you know, barking, of course, and it's just a house.

Like you just kind of you know to stay away with that many dogs because you, you know, I know sometimes things happen.

Um so I had my headphones in, music on, running, not looking, and I hear through my headphones, and then look down to see this dog charging at me.

You know, it's you can tell when a dog is running towards you for pets, or if a dog is charging at you with the sounds and aggression that it was making.

Um, like I said, I knew just don't let this dog know you are terrified because I have never felt that level of fear.

I guess nobody really thinks you're gonna be in that position and just it all happened so fast.

So I turned and walked away, walking actually be, you know, to a mail truck that I was going to hop in, and then I see Michelle waving her arms around the corner on Washington, not yelling because she doesn't want you know the dog to come back over because it was still loose, and I walk over to her, she had been bit by that same dog, and also witnessed him the him or her, the dog charge um at the mailman as well.

So that is how it happened.

We, you know, I waited with Michelle for animal control.

Um, luckily, a um building commissioner was who was a former policeman, stopped with us, as did a um the man that I referenced in my report, who him and his wife frequently also run on Alvard, stopping and um him knowing he said he knew exactly what had happened, um, without even talking to us first because that had been his fear also for a very long time.

Um so I just my biggest thing is this, you know, the property value, the benefit of living on that street.

I should not have to avoid a house on a run in fear that the dog is going to get out and this happened again to me, myself, my dog, my kids, my neighbors.

And so thankfully I I was not bit, but unfortunately my friend was.

So that's all I have.

And did you see what happened to the dog after you?

No, I so we waited for probably 25 minutes.

Um the building commissioner was able to call dispatch to get, um, and my husband actually also called animal control, um, because it had been quite a while.

And so he then texted me back and said that he got confirmation that they were on the way.

So I and when I was standing there, I said, I don't feel comfortable walking back down to my house to go home until I know where this dog is because I did not see the dog get back in the home.

I did not see a person except through a glass like door uh storm door.

So we we were watching the whole time, because I, you know, where's this dog?

It could have popped back up.

Um so that fear was definitely there.

I'm not sure how the dog got back in the house.

It did not go through the front door.

Um, and then animal control.

Um I don't know if the dog was already up.

A guy with a stick kind of roamed around for a couple of minutes while the female um animal control officer stood and talked with us.

But it it did, I eventually was able because I kept reiterating that I don't feel comfortable walking back home until I see the dog restrained on the property behind the fence.

So the female officer went up to the door, and that is when somebody um from the household came out with the dog on a leash through the storm door, and they were talking.

So I was able to verify that it was the dog.

It is in its home, it's contained, so then Michelle and I um walked back to my house where I then took her home.

Any questions of Ms.

Thank you, Miss Jones of the B.

Miss Jones wasn't sworn in because she didn't stand and swear in.

You'll need to be sworn in before you can come and testify.

That's no worries.

Uh, do you swear or affirm that uh the testimony you give this morning shall be the whole truth and nothing but the truth?

Yes.

All right, thank you.

And you just state your name and address for the record.

Uh Brandy Jones, 959 South Alvard Boulevard, Evansville.

Okay.

Um, so the morning of um I work nights at Toyota.

Um, so my 22-year-old son, he's here, he lives with me.

Um, I was asleep.

It was 10, 11 in the morning.

Um I I didn't see anything.

I have no idea what happened to even counter what she says.

The only thing that I do know is that my 12-year-old son came upstairs and said, Mom, there's a lady across the street saying that our dog bit someone.

And I said, What do you talk?

Like, I'm waking up.

Like, what are you talking about?

Is and Envy was in the house at the time.

She had followed him up the stairs.

So when I came downstairs, um, animal control was coming across to talk to me.

And um, she basically said, Did you know that your dog bit somebody?

And I said, No, nobody's told me nothing.

Nobody's said nothing to me.

Um, I said the only thing I know is that my 12-year-old son just said somebody yelled it to him.

Um, so she told me the animal control lady told me that the story she was told is quite different from what I'm hearing today.

Um she told me that she was told that she was jogging along my fence line.

My dog did jump the fence, um, chased her, I guess, across the street as she was going around on the other side of Alvard, bit her one time, and then ran home.

Those were her words that she told me.

That's all I know.

My dog came through the driveway up the driveway through the side door, is how my dog got back in.

Um I really don't know what else to say about the situation.

Um I do not breed animals.

Um, I do have the four puppies that I purchased.

Um, and I've had them since she was, they were six weeks old.

Um, so envy has basically been filling mom and very protective of them.

I don't want to make excuses at all for envy.

I hate that she was bitten.

Um the only thing that I can do going forward is try to prevent it from happening again.

Um, because like I said, I don't know what triggered her to do that.

She's she's been with me since she was five weeks old.

She's two now.

She's never bit anybody.

She's seen the people jogging, running, walking, strollers, bicycles.

She's never done it before.

So I don't know why this single incident happened.

Is she spayed?

She's not, but that is something that I discussed with her vet her last visit.

Um I have and I do have receipts.

Um, I have delivery receipts.

I have purchased um fence extenders, as you guys could see from her picture.

I have raw iron fences.

The city will not approve me for a six-foot privacy fence.

I'm on a corner lot on a busy street.

So they did not approve that.

So I found a company, and it was actually delivered the other day.

They're called dog proofers.

I have um they basically bolt on to my fence and it extends it two to three feet.

So my fence will now go from a four-foot fence to a seven-foot fence.

Um, also, I think you can't.

I have security cameras, just to make sure, because like I said, I have no way to know what happened, honestly.

I mean, I didn't see anything.

Um, I also have um no dig guards, they go eight and a half um inches into the ground, and then the top piece connects to that and it goes 16 inches up to prevent them from digging or breaking the rot iron, anything like that.

Um I'm like I said, I have padlock on my gates, so they can't open it.

My dogs are very smart, they did learn how to open the gate.

Um I have, I mean, I have to proof everything.

I mean, they turn water hoses on, so um this seems um this seems to be a huge issue because nobody in this neighborhood likes my dogs.

Nobody and my dogs are really good dogs, they are very protective of their yard, and envy is very protective of these puppies, so in that I apologize that she got bit.

I am doing everything I can to prevent it.

Um, as many people as she says are terrified of my house, just as many have stopped and pet my dogs.

So I um I don't I don't know what else to say.

I do have four beware signs.

I took pictures of everything.

Um the beware signs and the um the black wrap was um advised from the Evansville police.

I don't know if she's was a cop or she was associated with animal control, but she was EPD.

Um, they advised me to do that for the meantime until I could fix the issue.

Um, so that's why those were put up.

Um, so I mean I'm I'm complying with everything.

My dog was put on quarantine for 10 days at home from that day, that afternoon after they left.

She did not go out for 10 days unless she was on a leash.

That was a requirement.

No muzzle was required.

Um go ahead.

No, I said correct, okay.

So that's why she didn't have the muzzle.

Um then about I think a day or two after the quarantine was up is when I got the phone call that the five the motion um was filed and that they had to take my dog.

So now my dog has been gone for over a week.

I call every single day and I check on my dog.

Animal sport walked my dog to the truck.

Animal support animal control came into my home and pet my dog.

I put her harness on, I gave the leash, and she walked her to the car, picked her up, and put her in the truck.

Animal control has had no issues with her in there.

She's not even eating in there.

So I just that's my case for my dog.

She, I don't know what happened with this incident.

I don't know, but something provoked her.

Do your witnesses were they did any of them see what happened that?

No.

Okay.

Well, and then the reason I'm asking is because there's you've got five minutes left, and I didn't want if you if they're all basically going to tell you just their experience.

I do have um three, four letters from people that wrote as witnesses that I'll submit as well.

But they're basically just, um, as you can see, I my friend's daughter, she's little, she's around my dog all the time.

Um my dog loves kids, like I just know.

So you do have evidence you want to post.

These are all the same things.

Oh, go and present them to uh them if you will and see if they have any objection.

Excuse me.

And uh another question just because I'm on the area plan commission board, um, these fence extenders you're talking about putting on top of your fence to yeah, so they have like a U bracket.

That bolts.

And the reason I'm he that won't be allowed either if they're not.

I mean, in being on a corner lot, I know it's a weird situation on one side.

You can uh you you're gonna have to check with area plan as to whether or not you can put those on.

Um I just don't want you to do all that work and then have somebody say something about it, but I do know being a corner lot makes it a weird situation on fences because like you can have a six-foot fence here, but you can't have a six-foot fence there, and so you really need uh maybe after this meeting you could walk down and see what what is allowed or not allowed.

You if you're wanting to put up a taller fence, you may be able to put it inside, you know, you can't put it like within the building setback line, if there's any easements, those types of things, and I know I'm being confusing, but you'd need I would recommend that you go talk to them, they're just down the hall on the right-hand side to make sure that you I don't want you to put up all that, you know, go to all that trouble.

The dig things are no big deal, but extending that fence height would be an issue for area plan.

Because it's like a it's not a mesh, it's like a poly something, but you can see.

If you bring that puppy up, uh they they that's just not it's just something that's not allowed.

You could ask for a variance potential chance, but like I said, that would be area plan down the hall on the right, just so you don't do all that work.

Yeah, no objection to the exhibits.

I'll go ahead and take them from you.

And then does anybody have anything else for her?

Do we want to hear from her witnesses?

I want to look at the witnesses say what it will.

I mean, we could have the witnesses come up and then they then we if we had questions about yeah, we can go there.

If you have some witnesses you want to have while we're passing these through.

Good morning.

Uh my name is Danny Hernandez, 1321 MacArthur Drive.

Evan Zero 47714.

Uh, for the last two years that she's on this dog, I pick up her daughter over here.

And because I my nephew goes to the same school over at Dexter Elementary.

And we have an agreement, you know.

I picked them up and take them, and if I need to, she picks them up for me in the afternoon.

Um for the last two years, we've showed up every morning, Monday through Friday, sometimes on weekends to for the kids to have fun or birthday parties or just get togethers.

At no point uh has Envy ever been aggressive.

I mean, a house full of kids running around, grown-ups, everybody, you know, loud voices, people jumping around.

Envy has been the very loving, slobbering licking dog.

And my mother just came recently to visit, and uh that when I took her there, that dog sat next to her and just laid her head on her lap.

Never met never once knowing this woman.

And um, Brandy's even taking a walk to the school with the kids, and at no point has she ever been aggressive to anybody in the street and the school with all the kids and the parents and everything.

Very easy tempered and loving dog, just I I don't know how else I can say that, but uh I don't know what to set off the dog, but at no point since I've known the dog, has the dog ever been aggressive ever.

I mean, she plays with the kids, plays with the puppies, and you know, that sort of thing.

But all right, thank you.

Thank you.

My name is Carmen Sutton.

I live at 4115 Jupiter Drive, uh, zip code 47711.

Um I've been friends with Brandy for over ten years, but I have also been around Envy the whole time that she has had her.

Never once have I seen her be aggressive, even with walkers around the house.

We've walked her down to Lincoln and gone like the whole route to walk around the neighborhood to walk the dogs.

I've never seen her be aggressive.

Um and just like she had told me, you know, when animal control came, that Emmy just walked up to them and and was making friends with them, and they were able to pet her.

They were, you know, she's gonna roll over so she can get a belly rub.

Uh she's a very affectionate dog, but she doesn't I've never seen her be aggressive at all.

Um like I said, I've been around her and she's just we go to she has cookouts and everybody comes and like Danny said, it's it's loud and boisterous and kids are running around, but never has she been aggressive in that whole time.

That's really all I have if you have any questions.

Any questions of anyone?

No.

Thank you.

Thank you.

Um I've been around Envy for probably a little over a year.

Um the first time I met her, she walked right up to me, didn't bark.

She uh actually was licking my hands a lot.

Um as you can tell, I'm not a small guy, so I can play with Envy.

She's never gotten aggressive, like we'll tug a rope back and forth, but it's like gentle tugs.

Um she might bark at cars driving past the street.

Um or run along the fence, but she's never attempted to bite me.

I've never seen her attempt to bite anybody.

Um I said she's protective of the puppies.

I don't know if she might have thought something was going on where she was worried about that.

But not once has she I've never seen her bite or attempt to bite anybody be aggressive or anything like that.

She's been great around kids.

Um her daughter does like to sit on her a lot, and she just kind of handles it.

She's just she just takes it.

Um she's always been uh really mellow, like I said, minus the licking.

And then, like I said, she's got the fence extenders, we'll go see what they say about those, and then once we get clearance for that, I'll get those put up.

So any questions or I'm done.

Thank you.

Did it just in time?

Yes.

Okay.

Alright, do either of the complainants wish to make any rebuttal testimony.

No.

Whichever one of you wants to go first, feel free to get up there.

I just want to state that I I'm not disputing the fact that it might be restate your name, please.

Oh, yeah.

Michelle Martin.

Yes.

Okay.

I'm sure, you know, to familiar people, the dog is probably friendly.

Um, but you know, while she mentioned I was running the fence line, I'm I'm on the sidewalk, not on her property, um, and never even looking in the yard just because of how often the dogs did bark and like charge the fence.

Um, I did not witness the dog jump the fence, so it if it did it before I was there, um, but it came running from the driveway that like between the car and the um fence down there.

Um so it was already out before I even got there.

So if something else agitated to jump the fence, I don't know, but like I said, I was on the sidewalk, not even looking in their yard, um, engaging with the puppies at all, um, and you know, charged from the driveway.

Um my concern is that if it if the dogs are out in the yard again without the owners, that it would happen again.

Like if it got out of the enclosure, we don't know what agitated it this time, and I would just hate for it to be a child or another small dog, um, just because we we don't know how it got out, what agitated it, why it chased after me, because I wasn't on the property engaging with the dogs or anything.

Um I would just be concerned if it got out of the enclosure again, that's all any questions to say thank you.

Three minutes, Jamie Immig.

Um, just to follow up and reiterate, you know, I can appreciate I I love dogs of all kinds and all breeds, um, and I can appreciate that that dog is very wonderful with friends and family and very protective, which is their right, and you know, so I I want to preface that I very much am trying to be respectful to the rights that the dog and the owners have.

But until there is some solution on knowing this is not gonna happen again because the dog did that dog was already out, and the the quickness of everything is not how it happened again.

I did not see the dog, I just saw the dog charge from the west side of the street having to cross the boulevard to get to me.

And I never saw it get back in, which tells me there's another exit and entrance that this dog could have gotten out of if it got back in without us seeing it get back in the house.

So while there is solutions for fencing and things like that, just be mindful of other entrances and exits that maybe need to be more secure.

Um moving forward, just to know that this I can send my 12-year-old to ride a bike, or I mean, I haven't been on a jog since.

And we take, you know, nightly walks and bike rides, and um just to know that the the fear, you know, can be put at ease, and the rest of the neighborhood can also go on with normal habits.

Thank you.

Miss Jones, do you have anything you want to add in response to the testimony?

That was just given.

Okay.

Um, Brandy Jones.

My fence butts up to my house, so it's it's bolted into my house on both sides.

Um at a side yard, I don't have a backyard.

Um, I'm gonna assume that she's jumped the fence to get out.

There's I mean, my dog is pretty big, she's not gonna squeeze through under the fence.

So my assumption is gonna be that she jumped over the fence.

There is another entrance to my house, which is through my driveway, which is a side door.

Um I understand her jumping the fence, we need to prevent.

Um, but the driveway is still considered her property.

She doesn't know any different.

So I don't, like I said, I don't want to comment really on what happened because I did not see it.

Um, but with her on her property in her driveway, she was gonna be protective.

Um there's not much I can do more than what I've already told you guys I've purchased and done.

Um I can't move my yard so that they don't have to see my dog.

I can't do anything like that.

This is what it is, and so I am doing everything in my power to try and prevent it.

Um, how do you how does how does she normally get outside of the house or the front door?

Because the front door is within the the incentive, but someone's letting them out, or they it does have a doggy door, or what's making we have to let them out.

There's no doggy door or anything, they don't get free.

And then does somebody monitor them or watch them or I will say that my younger kids probably aren't as good as they should be.

Um my 22-year-old, um I've kind of since this has happened, I've been on everybody's butt, to say the least, that they need to be watched constantly, um, especially until I can get all this stuff fixed with the fence.

Um, now if they say I can't put these fence extenders on, I'm gonna have to do some other options.

Um, but animal control um was leery on the leashing just because they're supposed to be so many feet so that they don't try and jump the fence and hang themselves.

Correct.

Um, you know, I can look into options as far as shop callers, I can look into options as far as digging the stuff underground with the collar that zaps them.

I mean, I am open to anything at this point to prevent it.

These are my dogs.

These are my world.

When I tell you these are my babies, these are my babies, and I don't want them biting anybody because I wouldn't want me or my kids being bit.

I don't want them to be taken from me.

So, you know, if it's behavioral classes I have to pay for, I will do whatever I have to do for them.

Um, and I don't want people on our street to feel fear with my dogs.

Um but I can't stop them from running to the fence barking.

I I can't prevent that.

They're dogs.

I don't know how to prevent that.

Um so yeah, I like I say I'll go down there, talk to them.

If they say I can't, then the next option for a quick fix is gonna be shock callers, as much as I don't like them.

Um but until I can get the underground stuff dug, that's everything I can do.

So um so your dog's up to date on her rabies and everything.

She's just but she is not spayed.

No.

Um that's gonna be her next visit that I haven't it kind of took a standstill having to pay for all this stuff, so um, and it wasn't cheap by far.

So what are your plans for the puppies?

Uh the puppies are gonna get fixed.

I I just wanted the puppies.

I love animals, so I need a bigger, like acres, honestly.

But yeah.

And so there's four puppies and envy.

Okay.

And how old are the puppies now?

They are four months old.

They're toddlers almost.

Yeah.

Okay.

Any questions?

No questions.

Okay.

Thank you.

Now we will have uh Miss McDaniel uh delivered the report from the animal control department.

So we've not had any history um with Miss Jones with Envy, other than this incident.

Um V has been at our shelter to wait for the decision, and she doesn't really interact much with us.

Um, she just kind of sits there, no aggression shown.

Um I go by every day and see her, and she just kind of looks at me like she's sad.

Um I don't really have much else to say other than that.

Um, did you check?

Does she have a chip?

That I would have to verify.

I don't I don't remember okay.

And then you guys have had her for a approximately a week, yes.

Okay, I can confirm that we did verify she is up to date on rabies, do you happen to have the bite report that clarifies the statement that Miss Jones said let's say it was stated based on animal control.

So the statement that was written was that um she was jogging the dog jumped the fence, charged and bit is what the statement says, okay.

I don't have any questions.

I don't know okay.

Before the evidence is closed for good, do uh either the complainants or the respondent have anything they wish to add in response to the animal control uh report that was just read.

Jamie Immig.

Um I can just tell you that the the feelings that I got interacting with the particular animal control officer was that we were not being taken seriously um at all.

And I think her report really proves that because this jumping the fence thing just got thrown in there.

Neither Michelle or myself stated that that is what happened.

So that officer took it upon herself somehow to add that in, and and it wasn't that cut and dry that the dog was out roaming, and we it may have jumped the fence, but that is not to be taken as fact as the animal control officer wasn't there for until 30 minutes after, and as Michelle, you know, came up here and spoke about the dog approached her.

So it had nothing to do with where either one of us were running.

All right, any last word from anybody else here?

Very good.

The evidentiary phase of this hearing is now concluded, and the commission will move on to deliberation.

Now, so I mentioned at the beginning, under section 6050, a dangerous animal is any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner.

That determination is to be made from past acts of aggressive behavior, justifying the determination that it is a dangerous animal.

Nobody has excuse me.

Everybody's done a good job of refraining from mentioning breed, uh, remind the commission not to consider the dog's breed or whatever breed it appears to be.

Before any motions on this determination are voted upon by the commission, the commission must discuss on the record its findings and conclusions solely as to whether the animal is dangerous.

For example, the commission may begin deliberations with a commissioner discussing whether they believe the animal is or is not dangerous, as that term has been defined, and his or her reasoning for that belief.

Other commissioners may respond in agreement or disagreement and explain their reasoning, and the commission will proceed by motion and vote.

You know, to be protective or have barrier aggression issues, and that certainly uh could be the case.

Obviously, we have to make sure that the dog can't get out of a fenced area and do this.

That's the thing.

You know, based on the definition of dangerous dog in our current ordinance, if it leaves its property and poses bodily harm to another person, it's considered a dangerous dog.

And I think that of course that's what happened in this very case.

Um I don't think it is a situation where when we get to the serious bodily harm case uh part part of it that it's gonna fit that definition of it.

And I think that if it's if we do declare the dog dangerous, it's only so that we can ensure that there are some things assigned to the dog and to the family, which a lot of them they're already doing, um, to just say we want to prevent this incident from happening again.

Yes, yeah, I would agree.

I mean, technically, since there was an injury, we do have to conclude that it's a dangerous dog for purposes of the ordinance.

Um I agree, not serious biology injury.

There's no lasting damage.

Um, so by definition, it's it's not serious biology injury to a person.

Um, and I do think just some protections to prevent the possibility.

We don't know which, I mean, it happens.

Running triggers dogs, bikes trigger dog.

I mean, anything can trigger dog depending.

Um, and if she is protected of the puppies were in the yard with her, maybe she got protective.

Who knows what happened?

But we just have to make sure it can't happen.

So that's my opinion.

Ditto.

Um, yeah, I mean, however, however the dog got out, however it happened, we did have a bite.

We've got uh another lady stating that the dog did charge her.

Um, like, he's the attorney has told us it's preponderance, not uh absolute.

So, I mean, I think we're looking at um declaring envy a uh dangerous dog.

Do we have a motion?

I would make the motion to adhere to the ordinance and declare envy a dangerous dog in this situation so that we can put things in place.

I'll say, okay.

I'll second.

Aye.

Any opposed, nay.

We do find in me a dangerous dog at this time.

Thank you.

And the commissioners have determined the animal known as MB to be a dangerous animal.

Uh, since there was injury to a person in this case, reading the the tea leaves.

That I don't think the commission is going to uh conclude this way, but just to get it on the record, um with injury to a person having occurred, the commission must determine whether serious bodily injury has occurred as defined under the ordinance, and that means bodily injury, which creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss, or impairment of the function of a bodily member or organ.

Um, for the the determination of whether serious bodily injury has occurred, the commission must discuss uh that finding on the record and its reasoning for that finding.

Uh so I'll leave the floor to the commission to make a motion on that.

Based on the uh Michelle Martin, right?

Her own testimony, she's been bitten, she might have a small scar, and then looking at the photographs.

I'm gonna go with uh no serious bodily harm.

And I make that motion.

A second, no serious bodily injury.

So we have a first by Linden, second by candle for no serious bodily injury in this event.

And all those in favor say aye.

Aye, any opposed nay, we find no serious bodily injury.

Thank you.

The commission again has to turn or has made a finding for the dog subject to these complaints to be dangerous, and now the commission will determine which uh restrictions, if any, to impose upon the animal.

Um, I'm going to read aloud for everybody what restrictions it may impose.

One uh it can be that indoors when not alone, the animal must be under the control of a person eighteen years or older.

Two, outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

Heard some testimony about that.

Three, when outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

For when outdoors, the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years or older.

Seven, require the placement of a sign or signs of a description and instead of places directed by the commission, advising the public of the presence and tendencies of the animal.

Eight require the attendance by the animal and its owner at a training session conducted by a certified applied animal behaviorist, a board certified veterinary behaviorist or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by that expert.

The owners of the animal would be responsible for all costs associated with that in the event that it were imposed by the commission.

The commission may require the neutering or spaying of the animal at the owner's expense, unless uh medically contraindicated.

Commission may require that the animal be permanently identified by tattooing or microchip.

The commission may order that if any of these uh aforementioned conditions are not complied with, that the owner receive a fine of not more than two thousand five hundred dollars.

The commission may order that if a further incident or attack occurs under such circumstances that the animal is determined to be dangerous, uh, the commission may impose or reimpose any of those aforementioned restrictions, and additionally, humane destruction of the dog may be ordered, but only where that further incident involves serious bodily injury to a person.

And finally, uh the commission may order the animal to be examined by a vet uh to rule out any underlying uh medical cause, which may be causing the animal to be aggressive, and that too would be at the owner's expense.

Um at this time, the commission shall discuss on the record which orders and restrictions it wants to impose on the respondent and the dangerous dog, and determine by vote the orders and restrictions to be imposed.

Okay, um I'm looking at three, four, seven, nine, ten, twelve, thirteen.

Um, and I mean two is between two and three.

Yeah, and I think I mean I'm kind of like outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

Um, hoping that that's going to be the case uh once she's able to do all her stuff.

Um, so I mean I'll I'll throw two in there.

So two, three, four, seven, nine, ten, twelve, and thirteen.

And Bill's nodding his head and okay.

Well now, so two or three were saying three.

We're saying that it has to be attended and kept within a fence.

And two is unattended.

So do we want to say that it has to be attended?

Number two is outdoors and unattended.

The animal must be kept within a locked fenced area from which it cannot escape.

And then number three, it does not say locked, so then that's attended.

So I'm hoping that she understands uh and her family understands that the dog, you know, they probably want to make sure it's attended, um, until they get everything in place or whatever they end up putting in place, and then number four being that whenever.

Yeah, when it's obviously off premise, that's when the leader goes situation.

All of those things can't be off property.

Yeah.

So number four is when it's off property, and the signs are already there.

That's number seven, which I'm fine with the signal.

Yeah, just keep the signs in place.

Uh nine is the spay, ten is the IDing, uh, twelve, uh, if there's additional.

If it happens again.

If it happens again, they can be fined.

Oh no, that's if she's not compliant, yeah.

Um, are not complied with, yeah.

So, and then a further incident is number thirteen, and we can reimpose things.

Um, and then if a serious bodily injury occurs, then humane destruction may be ordered.

Yeah, and I'm I'm adding on off property.

That's right.

You know what?

Yeah, that's why you're off property.

Yeah.

We always have that little pre-viso in there that it's like if they've left the property, it has to be on the fence.

Like going to the bed and that type of thing.

Yeah.

Right.

That's why I just agree.

Yeah.

Yeah.

Yeah.

I'm fine with those.

Yeah.

We do.

Okay.

So, three, four, off property, seven, nine, ten, twelve, thirteen.

And I mean that's my motion.

A second.

Okay.

So we have a first motion by Linda and a second by Kindle for two, three, four, seven, nine, ten, twelve, and thirteen.

Yeah.

All the favorite off property.

And leash.

Oh, we have to also say where we want the signs.

Well, we have pictures of where the signs are located.

I think those are fine.

I know, but we have to put in there which is the remaining.

Is the front and back of property?

It's only on the side.

Perimeter of the fence as they currently are is acceptable.

Okay.

Okay.

Amended to that.

Okay.

And all those in favor say aye.

Aye.

Any opposed nay.

Okay.

The commission.

I have a question.

Oh, sure.

Okay.

Are you guys okay with us releasing her prior to the spay?

Yes.

Yes, because she needs to get an appointment.

Okay.

The commission has determined to impose restrictions.

As follows, outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

When outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

For when outdoors, the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years or older.

The commission will require the placement of a sign or signs of a description and in said places directed by the commission, advising the public of the presence and tendencies of the animal.

Excuse me, the commission may subject the owner to a fine of not more than two thousand five hundred dollars if any of those restrictions have not been followed.

And uh if further incident or attack occurs, uh the commission may impose further restrictions if those attacks rise to the level that the animal uh may be deemed dangerous in those circumstances.

Both parties have the right to appeal this decision, a decision of the animal control and education commission, if appealed, must be appealed within 10 days of this decision to either the Vanderberg Superior or Circuit Court by way of verified complaint.

Once this meeting is adjourned, the commissioners will exit first, and then once all of them have exited, the audience uh will follow.

All questions or comments following the conclusion of these proceedings may be brought to myself or Ms.

Heather McDaniel uh sitting closest to me.

Is there a motion to adjourn this hearing?

Motion to adjourn.

But first by Lynn and second by Kendall to adjourn.

All those in favor say aye.

Aye.

And we are adjourned.

Thank you.

Everybody have a good weekend.