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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