MINUTES OF THE MEETING 
   OF   
 THE ANIMAL CONTROL ADVISORY BOARD       
 The ANIMAL CONTROL ADVISORY BOARD met MONDAY, February 26, 2013, at 2:30 P.M.    
 at the Animal Care & Control Center.       
 MEMBERS PRESENT:                              MEMBERS ABSENT:   
 Daniel Smith                    Tracy Dean       
 Drale Short                             Dr. Brooks Glass   
 Kathy MCCarley             David Mackey      
 Jo McDaniel                                   
 Terrence Gumbert   
 Tom Bryan   
 Pat Biegler, Director   
 Dr. Carol Houston       
 GUEST PRESENT   
 Elvert Martin ? (Animal Co-owner)    
 Mrs. Martin  ?  (Animal Co-owner)   
 Jacob Mitchum ? (Bite Victim)   
 Amber Mitchum - (Mother of Victim)   
 Joe Mitchum   - (Father of Victim)    
 Gerald Stewart ?(Animal Control Supervisor)   
 Ronnie Allen   -(Animal Control Officer)                              
 	CALL TO ORDER       
 Kathy McCarley called the meeting to order at 2:36 pm.  Kathy McCarley opened    
 the floor for any new business.  Pat Biegler stated the grant from the Best    
 Friends Animal Society Program, has exposed the department to PetSmart    
 Charities and opened up consideration for more grants.  This was an invitation    
 only grant and Animal Control was one of the top three cities in the running.     
 Drale Short met the director of Best Friends Community Program at a No Kill    
 conference.         
 The 1st reading of the Best Friends Community Cat Ordinance will be presented    
 to Council tonight and the Animal Control Advisory Board members are all    
 invited.       
 Kathy McCarley asked for any discussion of old business. There was no old    
 business discussed.       
 Kathy McCarley asked for a motion to approve the last meeting minutes  Tom    
 Bryan moved for the approval and Jo McDaniel second.  The minutes were    
 approved.        
 Kathy McCarley explained to the Board that this case today was a biting    
 incident whereas the family was running down the street and their child; Jacob    
 Mitchum was attacked and bitten by Mr. Martin?s dog.  The dog got off his    
 leash, away from the owner and attacked Jacob Mitchum in the street. The dog    
 was quarantined at the Animal Control Center.  Jo McDaniel asked, has this case    
 gone to court.  Drale Short stated, no the court date is next week. Jo McDaniel    
 asked who is the Judge presiding over the case.  Drale Short stated Julius    
 Hunter is the Environmental Court Judge.         
 Tom Bryan asked, why the owner is appealing the classification.  Drale Short    
 stated she does not feel the owner has registered the severity of the biting    
 incident that has taken place.         
 Kathy McCarley advised the members to look over the bite report and the packet.    
 She stated both the parties are present. Kathy McCarley called the Mitchum    
 family in and asked them to explain to the Board what happened surrounding the    
 biting incident that involved their son.          
 Joe Mitchum stated his family was doing their 2-mile run in the neighborhood    
 and their son, Jacob Mitchum was running a couple feet ahead of them. Joe    
 Mitchum noticed a dog barking and bucking in the yard with the owner Mr.    
 Martin. Within seconds the dog snatched away from the owner, Elvert Martin and    
 attacked his son. Mr. Mitchum stated Mr. Martin fell in the street when the dog    
 snatched away from him and the dog viciously bit his son repeatedly. The biting    
 occurred on his ear, back, and arms. Joe Mitchum stated he is familiar with Mr.    
 Martin and his dog which he has witnessed Mr. Martin taunting people in the    
 neighborhood with his dog.  While sitting on his porch the dog barked and    
 bucked at him constantly, as well as others in the neighborhood.        
 Amber Mitchum stated during the biting incident a car stopped and blew the horn    
 attempting to make the dog stop his attack. She stated the dog came off the    
 property as though he was attacking his prey.  Amber Mitchum informed the board    
 she has had constant unsettling dealings with the dog and the owner and she    
 feels he antagonizes the people in the neighborhood.  She has witnessed the dog    
 attacking the window and aggressively trying to get out when he sees people    
 walking down the street.  She does not feel he can control his dog and fears    
 for her three children.  Amber Mitchum requested the Board to do something    
 about him not controlling his dog. Daniel Smith asked the location of the    
 animal at the present time. She stated she believes he is kept in the house.           
 Tom Bryan asked to hear from the child, Jacob Mitchum.  Jacob stated that the    
 dog came off the porch and attacked him in the street.  He felt as though the    
 dog kept biting him and wouldn?t stop as if a dream.  Kathy McCarley asked    
 Jacob, ?Did the dog come out in the street and attack him?? Jacob replied yes.         
 Daniel Smith asked Joe Mitchum did the dog back out of the collar and how did    
 the owner fall.  Mr. Mitchum did not know how the dog got off the leash because    
 it occurred so fast.  He stated, Mr. Martin was down in the street while the    
 biting incident was occurring.  Drale Short asked Mr. Mitchum is the backyard    
 fence, he responded yes and there is another dog in the backyard as well.     
 Drale Short asked if Mr. Martin has paid any restitution. Amber Mitchum stated    
 they have an attorney that will be handling those details.         
 Amber Mitchum asked could the board require the dog not be outside at anytime    
 and if the animal can be put down.  Drale Short informed Ms. Mitchum that the    
 board is here to determine a classification of the animal and on a 1st bite    
 incident the provisions in the state law does not give them that authority.          
 Kathy McCarley asked if the board had anymore questions for the Mitchums.  She    
 excused the Mithcum?s and called the Animal Control Supervisor, Gerald Stewart,    
 to speak with the Board about the incident.         
 Officer Gerald Stewart stated he was notified by the Shift Leader Officer    
 Ronnie Allen about the bite incident the next day.  Officer Allen informed him    
 that while at the scene the dog was very aggressive towards him.  He stated    
 when the owner, Mr. Martin came to pick the dog up from the Animal Care and    
 Control Center, the dog pulled Mr. Martin around the parking lot.  Mr. Martin    
 had very little control of the dog and he almost fell.  Daniel Smith asked if    
 he felt if the dog was in a park, could Mr. Martin control his dog.  Officer    
 Stewart replied ?No?.  Tom Bryan asked if Mr. Martin has been told about    
 behavioral classes for his dog.  Gerald Stewart replied, Mr. Martin cannot be    
 reasoned with regarding his dog.           
 Kathy McCarley called Ronnie Allen, the responding officer, to speak with the    
 Board. Officer Allen stated he responded to a 911 call to meet with Columbus    
 Police Officers about an attack of a child by a dog.  Officer Allen stated when    
 he arrived to the scene the dog was in Mr. Martin?s truck attacking the window    
 very aggressively.  He advised Mr. Martin not to take the dog out the truck and    
 to let the window down to get the catchpole loop around the dog?s neck.  The    
 dog was not aggressive once he arrived at the Animal Control Center.         
 Kathy McCarley called the Martin?s in to speak with the Board.  She asked them    
 to explain what happened that day during the bite incident.         
 Elvert Martin apologized to the board about the incident.  He stated his dog is    
 just like a son and that day he got out of his collar he did not know what    
 occurred.  Mr. Martin stated he fell down once the dog pulled away from him. He    
 informed the board he walks the dog all the time in the neighborhood and never    
 had a problem.  He keeps his dog in the house aways from people.  Mrs. Martin    
 said they were on the way to an outing with the dog to a park when the dog    
 pulled away from her husband.  Mr. Martin stated he felt the dog only scratched    
 the child with his nails and did not know of any bites.  Drale Short asked if    
 he had seen the pictures and then gave Mr. Martin the color pictures of the    
 child?s bites. Mr. Martin stated he was not aware of all of those bites,    
 scratches, and marks.       
 Terrence Gumbert asked Mr. Martin had he considered a muzzle.  Mr. Martin    
 replied no but he has considered neutering him next door at PAWS to see if that    
 will calm him down.  Mr. Martin stated, now he walks his dog with a full    
 harness so it will be difficult to come off.  Dr. Houston stated the collar    
 with a harness would be better because of the dog?s body weight.  Terrence    
 Gumbert stated a comfort muzzle maybe considered.         
 Drale Short asked Mr. Martin how many animals does he currently have and do    
 they get along.  Mr. Martin stated he has two dogs and they do not get along.    
 Kathy McCarly asked the Martin?s to step outside while the Board discusses the    
 classification and she will call them back in with the Board?s decision.         
 Kathy McCarley discussed with the Board that she believes Mr. Martin is    
 sincere, but does not believe he can control his dog.  She stated, the Board    
 can only suggest a muzzle, leashes and harnesses but cannot make it a    
 requirement.  The state law has criteria that must be followed. Drale Short    
 stated, Mr. Martin has two dogs and one that he cannot control.  Terrence    
 Gumbert stated that this dog is not always in the house.  Daniel Smith stated    
 that he feels this dog will bite again. Kathy McCarley concurred and felt he    
 would be back in front of this Board.  Pat Beigler made a motion to up hold the    
 classification of ?Dangerous? and Tom Bryan second the motion.  The Board voted    
 unanimously to uphold the classification of dangerous.        
 Kathy MCarley called the Martin?s back in and informed them that the Board    
 voted unanimously to uphold the classification of dangerous for their dog.  She    
 told him that Drale Short would go over in detail the criteria of the law that    
 must be met in order to be in compliance with the state law.  She excused Drale    
 Short and the Martin?s for discussion of the classification.           
 Kathy McCarley discussed with the Board about more new business.  She gave    
 flyers to the members about a Rabies Clinic sponsored by the Health Department    
 along with Animal Control.  This will be held at the Columbus Civic Center    
 parking lot on April 30 from 5pm ? 7pm.  She requested everyone spread the word    
 and flyers and this is a drive thru service.  Dr. Houston volunteered her    
 services if another veterinarian is needed.        
 Kathy McCarley adjourned the meeting at 4:00 PM.                           
 February 26, 2013    
 Kathy McCarley, Chairman   
 Contreana Pearson, Recording Secretary   
 C: Clerk of Council   
 ACAB Members
        
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