2003-03-12 CC Packet - Laserfiche WebLink

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Centerville City Council Meeting Minutes February 26, 2003 Council Member Lee commented that the gentlemen kicked the dog, but the lady was bitten and had not provoked the dog. Ms. Wirth commented that the statute states "if the dog is provoked" and she w~ provoked. Council Member Broussard Vickers asked for clarification on the dog being provoked whether it was the eye contact or standing in front of her house. Ms. Wirth indicated the dog being kicked was the provocation. She then said that the dog barked at them and was kicked. Mayor Sweeney asked if the dog was kicked before the bite. Ms. Wirth indicated the dog was kicked before itbit the woman and the officer was told that. Council Member Paar said he was sony about the unfortunate circumstances Ms. Wirth has been experiencing.but said that making eye contact with a dog should not provoke it to bite. Ms. Wirth indicated the eye contact did not provoke it to bite but the eye contact made the dog run out to the street barking and the man kicking the dog provoked the bite. She further commented that she walks around the City and when a dog runs out barking you keep walking and do not stop and stare at the dog and then kick it. Council Member Broussard Vickers commented that the dog was not vaccinated. Ms. Wirth indicated the dog was vaccinated as a puppy and was due for shots. Council Member Broussard Vickers commented that the dog was also not licensed. Ms. Wirth indicated she had a license that was good for the life of the dog. Council Member Broussard Vickers explained that one license is good for the life of one dog and could not be used for all subsequent dogs in the household. Ms. Wirth said she understands that now and apologizes. She then said that the dog is licensed and she has paid a fine for that. Council Member Paar asked whether the dog had been tested or observed for rabies. Ms. Wirth indicated the dog does not have rabies and commented that it lives in her house and sleeps with her children. Council Member Capra said she was sony for what Ms. Wirth has gone through and she understands, as she lost her mother in September. She then said that her son was the victim of a dog bite from a dog that she never would have questioned and he took the top of her son's ear off. She further commented that the fact is the dog ran into the street and it bit someone and that, in her opinion, makes it a potentially dangerous dog. She then said that whether or not the dog was provoked, the dog did bite someone. Council MemberLee indicated that kicking the dog could have been in self-defense. Ms. Wirth indicated that state statute states that the dog can be declared potentially dangerous only if it bites unprovoked. Page 5 of20