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Centerville City Council Meeting Minutes February 26, 2003 Trail and the dog ran across the street. He then said that, per state statute, the dog falls under the potentially dangerous dog definition and notice was sent. Ms. Roberta Wirth, 7065 Eagle Trail, said this is ridiculous and not true. She then explained that the dog was provoked. She then said that the officer that came to her house was told that the dog was kicked and he said "I would kick a dog too if it came barking at me." , Ms. Wirth indicated that, per state statutes, when a dog bites when unprovoked it should be declared potentially dangerous but that is not the case as the dog was provoked. She then stated that the couple stopped in front of the house and yelled to the dog while m~g eye contact with it. She also said that her son saw the man kick the dog. Ms. Wirth indicated that the person who was bitten lives directly behind her but went the long way home so the individual could. not have been too terribly injured. She then 'commented that this situation has caused a great deal of stress for them as the couple has called her and threatened to take her house and said they were going to put a lien on her house. She also indicated that the woman was given $1,000 by her homeowner's insurance. Ms. Wirth commented that this has been very stressful as it was during a time when her mother was very ill and her mother passed away last week. Ms. Wirth provided a picture of her dog indicating the dog is a 9 or 10 pound Jack Russell Terrier who is sweet and gentle and plays with anywhere from 1 to 5 children every day and has never bitten anyone. She also provided information from the Internet that listed the requirements for a potentially dangerous dog and her dog does not meet the definition because she was provoked. Ms. Wirth indicated that the letter sent by the police department to notify her was sent certified mail but she did not pick it up as it was not clear who the letter was from and she mistakenly thought it was another real estate solicitation. She then said that when she did attempt to obtain the letter from the post office they,had lost it. She further commented that the police threatened to take the dog because she had not been made aware of the requirements because she had not received the letter. Ms. Wirth indicated she has been fined, the person bitten has received $1,000 from her insurance company and the dog was off her property by 6 inches for 30 seconds. She then said that nothing would have happened had the coupl~ kept walking and not provoked the dog to run into the street to be kicked. Ms. Wirth indicated she has a 6-foot fence in her back yard and a kennel that would meet the requirements as well as a $300,000 public liability insurance policy. She then said that the dog is normally in the backyard or on a leash and has never bitten anyone and she does not want ''Baby'' to be given that label as she has been through enough with the lawsuits and threats from the police. Page 4 of20