Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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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