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<br />,~ <br /> <br />Cen1erville CiV Council <br />MeetiDg Minutes <br />February 26.2003 <br /> <br />Council Member Lee commented that the gentlemen kicked the dog, but the lady was <br />bitten and had not provoked the dog. Ms. Wirth commented that the statute states.,"ifthe <br />dog is provoked" and she was provoked. <br /> <br />Council Member Broussard ViCkers asked for clarification on the dog being, provoked <br />whether it was the eye contact or Dndi1lg in front ofher house. Ms. Wirth indicated the <br />dog being kicked was the provocation. She then said that the dog barked at them and was <br />kicked. <br /> <br />Mayor Sweeney asked if the dog was kicked before the bite. Ms. Wuth indicated the dog <br />was kicked before it bit the woman and the officer was told that. <br /> <br />Council Member Paar said he was sorry about the unfortunate circumstances Ms.' W~ <br />bas been experiencing but said that mJl1ring eye contact with a dog should not provoke it <br />to bite. Ms. Wnth indicated the eye contact did not provoke it to bite but the eye Qo.nta<< <br />made the dog run out to the street barking and the man kicking the dog provoked the' blte~' <br />She further commented that she walks around the City and when a dog runs out barking <br />you keep walking 8Jld do not stop and stare at the dog and then kick it. . <br /> <br />Council Member Broussard Vickers commented that the dog was not vaccinated. Ms. <br />Wuthindicated the dog was vaccinated as a puppy and was due fOr shots. <br /> <br />Council Member Broussard Vickers commented that the dog was also not licensed. Ms. <br />Wuth indicated she had a license that was good for the life of the dog. <br /> <br />Council Member Broussard Vickers explained that one license is good for the life of one <br />dog and could nOt be used for all subsequent dogs in the household. Ms. Wnthsaid sh~ <br />understands that now and apologizes. She then said that the dog is licensed andSheh8.S <br />paid a fine for that. <br /> <br />Couneil Member Paar asked whether the dog had been tested or observed for rabies. Ms.; <br />Wuth indicated the dog does not have rabies and commented that it lives in her house ane:t <br />sleeps with her children. <br /> <br />Council Member Capra said she was sorry for what Ms. Wuth has gone through and she <br />understands, as she lost her mother in September. She then said that her son was the <br />victim of a dog bite from a dog that she never would have questioned and he took the top <br />ofher son's ear of[ She:fbrther commented that the fBet is the dog ran into the street and <br />it bit someone and that, in her opinion, makes it a porenti~y dangerous dog. She then <br />said that whether or not the dog was provoked, the dog did bite someone. <br /> <br />Council Member Lee indicated thatkieking the dog could have been in self-defense. Ms. <br />WIrth indicated that state,statute states that the dog can be declared potentially dangerous <br />only if it bites unprovoked. <br /> <br />Page 5 of20 <br />