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1983-03-14 >2 MINUTES OF THE MUNICIPAL CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE MARCH 14, 1983 ~ Hearings of the municipal code violations were held y the Okeechobee Municipal Code Enforcement Board in Council Chambers at City Hall on onday, March 14, 1983. Chairman Leggett, called the meeting to order at 7:05 P.M. ROLL CALL Chairman Leggett asked secretary Castorina to call the roll with the following results: Michael McArthur Present - Deara Thompson - Present Grodon Leggett - Present Lloyd Jeffers - Present Blair Kuhlewind - Present Jerry Walker - Present Vangela McFarland - Present Others present were: Code Enforcement Officer, Mallet e Westbrook; City Attorney, David Conlon; Secretary Beatrice Castorina. APPROVAL OF MINUTES Chairman Leggett asked if everyone had received the mi utes of the February 14, 1983 meeting. He stated if the Board have found the correct and had no questions the chair would entertain a motion to dispense wi reading and accept them as presented. Member McArthur so moved. Seconded by Kuhlewind. Motion carried. PRESENTATION OF CASES Chairman Leggett asked Code Enforcement Officer, Malle te Westbrook to present his cases. DISMISSAL OF CASES Mr. Westbrook requested the following cases be dismiss d because all are in compliance. 175-82 Everett Automotive Repair 10-83 Rock-A-Way 6-83 Gladys Lowe 16-83 Danny Creech 17-83 D.& M. Texaco 20-83 Finley Jewelers 22-83 Flotation Sleep 24-83 Handmaiden Shoppe 30-83 L & G Painting 33-83 R & R Trading 39-83 Alford's Offset Printing & Photo 42-83 Smiley Lee Robinson 48-83 Tony Miller 49- 83 Richard Vest Member McArthur moved to dismiss cases as listed above. Seconded by Member Thompson. Chairman Leggett called for discussion. Member uhlewind asked Mr. t Westbrook, if he recommend cases 24-83, Handmaiden Shoppe, e dismissed with the business still there. Mr Westbrook stated the business is closed an up for sale. You can't ~ Make them purchase an occupational license, when the busine s is shut down. Chairman Leggett called for a vote. Motion carried. Lloyd Jeffers arrived at the meeting at this time of 7:10 P M. It CASES TO BE CONTINUED 4-83 Lee Bailey called to continue for 10 days. 45-83 John Holman called to continue for one week. Member Jeffers moved to continue the cases as requeste by Mr. westbrook. Seconded by Member McFarland. Motion carried. CASES TO BE HEARD 40-83 - Kenneth Nipper - Dog running at large. The witnesses were sworn in by the Code Enforcement Of icer, Mallett Westbrook. Witnesses for the City: Wi tness fo Defendent: Ptl. Tommie Brock Kenn th Nipper W.C. Williams Una Mae Williams Tink Rutledge Jimmy Belk Brannon Williams Ptl. Tommie Brock stated on Jan. 29, 1983, he was disp tched to a dog complaint at the address 1200 S.E. 5th St., upon arrival he spoke to r. Nipper and he stated (Nipper), he had observed a 1980 Ford car attempt to run ov r his dog. Mr. Nipper pointed to the car at 1105 S.E. 5 th St., at that time, he w nt over and spoke to Adelita Rutledge. She reported that she had gone to anothe residenae and tried to get out of her car, the dog would not let her get out. She went back on to the road way and started traveling west on S.E. 5th Street. Th dog ran out in front of her car and she had to pull off the roadway to avoid striki g the dog; she then went back home and went in side. Ptl. Brock stated he advised M . Nipper according to code violations, he was responsible for keeping the dog tie up. He stated Mr. Nipper immediately tied the dog up. Chairman Leggett asked Mr. Nipper, if he wanted to cro s-examine Ptl. Brock. l¡1r. Nipper stated no. He further stated he called the poli e because the dog could have been killed. Tink Rutledge was the next witness and she stated she ould not run over a dog. Ms. Rutledge stated she was looking out her kitchen window nd the dog was running with a pack of boys on bicycles. A boy about nine years wa pulled off the bicycle. The dog was barking and running after the boy. Another inc dent was, she was getting out of the car at Ms Whatley's and the dog tried to bite he . She had to get back into the car. Another incident was, the dog tried to bite girl she hired to cut her grass. The girl went to leave after cutting the grass nd the dog ran after her; she had to beat the dog off with a stick. She further stat d the dog barks all the time it's tied and she is scared to go out at night. Chairman Leggett asked Mr. Nipper what kind of dog it Mr Nipper stated it was cross between cur dog and bull dog. He stated the dog as a puppy and rasied it. He keeps him in at night, but when the chil ren go to school, he is - chained out side. When the kids come home, they unchain hi and put the dog inside so they can play with it. Mr Nipper stated he has made eve to keep the dog retained. Ii Next witness: Una Mae Williams stated the dog tried to bite her last year, when she went to see Mrs. Whatley. She stated in January the do came into their yard and Mr. Williams stomped his foot: trying to run the dog off The dog come toward them. He picked up a rock and that was the only way to get the dog out of the yard. t She further stated on March 11, 1983, the dog tried to bite Mr. Williams and their grandson. Mrs Williams stated the dog barks all night long every night, and all day long everyday. Every time he gets loose, he comes aroun the house. Mr. Nipper stated he never knew the dog to bite anybod . Next witness: W.C. Williams stated the dog ran after im on March 11, 1983. He further stated Mr Nipper's son and the dog was walking d wn the road and the dog ran into his yard after him. The boy called the dog, but t e dog didn't pay any attention to his calling. He stated he (Mr. Williams) didn t allow his dogs to go out of his fence without a chain on them. Next witness: Brannon Williams stated the dog barks a lot; also he tears his garbage up. He further stated if a person likes his do , he should build a pen and keep the dog in it. Next witness: Jimmy Belk stated he made the complaint to the police department about Mr. Nipper's dog barking day and night. He stated he (Mr. Belk) has talked to Captain Parkerson of the Sheriff's Department about trying o get something done a- bout the Nipper's dog. He further stated the dog had gotte into Mrs. Hancock's yard and the Nipper's stomped her flowers trying to catch t dog. The dog came out of Mrs Hancock's chainlink fence into my yard. up a rock and through it at him and he grawed at him. He stated, with Mr. Nipper on the sheriff's auxiliary good law enforcement should start at home. Mr. Nipper stated to his knowledge, none of his immedi te neighbors has made a formal complaint. He stated the dog gets away sometimes, but he has tried to keep the dog contained. He stated he has not been negligent. Chairman Leggett asked Mr. Nipper if he had any witnes . At this time Bob Sandefur, Lola Sandefur and Rose Dennis were sworn in by Co e Enforcement Officer, Mallette Westbrook. Rose Dennis stated every time she had been to the Nippe 's house the dog was chained or either in the house. She further stated one , when she went to the house, the Nipper's dog was tied, but there was another walking around about the same size and color as the Nipper dog. Mrs Dennis stated t dog has never been aggressive toward her or any of the other people in the car. Bob Sandefur stated he lives next door to Mr. Nipper. stated the dog was in the house every night and the dog don't bark all that mu Lola Sandefur stated the dog does not bark like it has repeated that it did. He is not a vicious dog. She stated she could slap t e dog on the jaw and he never offered to bite her. She further stated there that ride by the house - playing and hollowing "red" at him trying to get him to them, but that was before they started tying him up. Mrs Sandefur further stated to er knowledge the dog never i tried to bite anyone. Discussion ensured on this matter. Chairman Leggett asked the Board members if they had a y questions to ask any- - one in the audience. Member McArthur asked if anyone had called the Humane epartment about the dogs. Mrs. Williams stated she had called. Code Enforcement Officer, Mallette Westbrook stated he and andy Whipple went to the Nipper home and the dog was pened at that time, but he didn't know how long it was penned. Member McFarland asked Mr. Nipper if he thought it was his dog? Mr. Nipper stated it could have been. Member Thompson stated she was concerned for the dog. Member McArthur stated he had dogs that reacted differ ntly to different types of people, and this may be the case with Mr. Nipper's dog. Member Kuhlewind asked Brannon Williams if it was Mr. ipper's dog in his garbage. Brannon stated it was different dogs, but the Nipper dog wa there also. Discussion ensured among the board members and the au Chairman Leggett asked Code Enforcement Officer, Mallette Westbrook to read actual charges. Mr. Westbrook stated Mr. Nipper was brought up in October 1982 Mr. Nipper was in compliance and the case dismissed. Attorney Conlon stated case in October should not have any dealings with this case, since it was dismisse . Mr Westbrook then read the charges as follows: Violations of Ordinance 411, running at large. Member McArthur moved to dismiss the case because charges were worded. It's not a public nuisance and it didn't talk Member Walker asked Mr. Nipper if he had a dog house? Nipper stated no the dog stays in the house at night and was chained outside the day. Chairman Leggett asked if the yard was fenced? Mr stated no. Discussion ensured. Chairman Leggett enlightened Mr. Nipper that when the ids let the dog out, or when the dog breaks away, he was breaking the law. He d the neighbors needed a little peace and asked if he couldn't help the situation nd control the dog where it wouldn't bother the people. Mr. Nipper stated he felt he'd done his part to contro his dog. Discussion ensured among Attorney Conlon, the and the audience. Mr. Westbrook called to the boards attention, the char es were running at large not barking. Mr. Nipper asked Mr. Westbrook if he had been back aro nd his property since the first dismissal. Mr. Westbrook stated he had. Mr. Nipper sked ff he had seen the dog running loose at the times he was by his property. Mr. Westbrook stated the dog was tied when he was over there. Chairman Leggett stated he would poll each member of t e board and from the poll, the board would make a decision. Member Jeffers stated from the evidence he heard, he uld move for a dismissal. - Member Walker stated he felt Mr. Nipper has tried to ep the dog contained. B Member Kuhlewind stated he felt the people should live in peace; also he felt Mr. Nipper has made a good attempt to keep the dog tied up. He would like the board to propose something in the form of a warning and if it com s back before the board, this case be used against him providing it was his dog. t Member McArthur stated Mr. Nipper has tried to be corp rative and he didn't feel there was enough proof of guilt, so he would move for dismissal. Member Thompson stated she felt the family is responsi le for the pet, and for the witness to call the humane society to come get the dog 'f they were bothered any more. That would make sure which dog it was bothering them Member McFarland stated she felt the people were afrai of the dog. Mr. Nipper has made an effort. She further stated the people should c 11 the humane society; also call Mr. Nipper and let him know they are afraid of th dog and they don't want it at there house. Chairman Leggett stated the chair would entertain a mo ion. Member McArthur moved to dismiss Case No. 40-83. Seconded by Member Jeffer . Motion carried. Case No. 40-83 dismissed. ADJOURNMENT There being no further business before the Code Enforc Member McArthur moved to adjourn. Seconded by Member Walker. Meeting adjourned at 8:20 P.M. ATTEST: 'ðß/~~ ~ÚL' , Beatrice Castorina, Secretary Code Enforcement Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLE K'S OFFICE. MINUTES OF THE MUNICIPAL CODE ENFORECMENT BOARD CITY OF OKEECHOBEE APRIL 11, 1983 Hearings of the municipal code violations were held by th Okeechobee Municipal Code Enforcement Board in Council Chambers at City Hall on Monday, ril 11, 1983. t Vice Chairman Jeffers called the meeting to order at 8:45 P.M. ROLL CALL Vice Chairman Jeffers asked secretary Castorina to call th roll with the following results: