manatee county...2013/01/22 · manatee county january 16,2013 florida douglas a. peebles, esquire...
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MANATEE COUNTY January 16,2013 FLORIDA
Douglas A. Peebles, Esquire Peebles & Moriarty, P.A. 1111 3rd Avenue West, Ste. 210 Bradenton, Florida 34205
Re: Karen Erskine v. Manatee County-Administrative Hearing RLS 13-008, CAO File No. 1121-089
Dear Mr. Peebles,
Pursuant to Manatee County Ordinance 10-56 relating to appointment of hearing officers, you are hereby appointed to act as hearing officer in the above referenced matter. The hearing involves a dangerous dog detennination as authorized by Section 767.12, Fla. Stat. The hearing will take place on January 22, 2013 at 9:00 a.m. in Conference Room B, at the Manatee County Public Works Department, 1022 26th Avenue East, Bradenton, Florida. Should the hearing need to be continued, it will resume on Friday, January 25, 2013 at 10:30 a.m. A written decision shall be issued within 10 business days after the hearing. This decision shall be the final decision of the County and shall be subject to judicial review under any available procedure in any court of competent jurisdiction.
~~L County AdminiSZ
EH/jcg
cc: Robert A. Levine, Esquire James A. Minix, Esq., Chief Assistant County Attorney Ron Koper, Interim Director, Public Safety Dept. Kris Weiskopf, Animal Services Chief, Public Safety Dept. Joel Ridunond, Animal Services Safety Supervisor, Public Safety Dept.
County i\dminislnllOr Mlliling Address: 1112 Manalee Avenue Wesl. Bradmlon. L 34205
PHONE: 941.745.3798 F X: 941.745,37 (I
WIVII'. m)'mfll/f/lee,org
EXHIBIT
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Select Year: 1~0~2 3 Go.
The 2012 Florida Statutes Title XLV Chapter 767 TORTS DAMAGE BY DOGS
CHAPTER 767
DAMAGE BY DOGS
767.01 Dog owner's liability for damages to persons, domestic animals, or livestock.
767.02 Sheep-killing dogs not to roam about.
767.03 Good defense for killing dog.
767.04 Dog owner's liability for damages to persons bitten.
767.05 Owner's liability for damages by dog to dairy cattle.
767.07 Interpretation.
767.10 Legislative findings.
767.11 Definitions.
767.12 Classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts.
767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.
767.14 Additional local restrictions authorized.
767.15 Other provisions of chapter 767 not superseded.
767.16 Bite by a police or service dog; exemption from quarantine.
767.01 Dog owner's liability for damages to persons, domestic animals, or livestock.-Owners of
dogs shall be liable for any damage done by their dogs to a person or to any animal included in the
definitions of "domestic animal" and "livestock" as proVided by s. 585.01. History.-RS 2341; ch. 4979, 1901; GS 3142; RGS 4957; CGL 7044; s. 1, ch. 94-339.
767.02 Sheep-killing dogs not to roam about.-It is unlawful for any dog known to have killed
sheep to roam about over the country unattended by a keeper. Any such dog found roaming over the
country unattended shall be deemed a run-about dog, and it is lawful to kill such dog. History.-s. 1, ch. 4185, 1893; GS 3143; RGS 4958; CGL 7045.
767.03 Good defense for killing dog.-In any action for damages or of a criminal prosecution
against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing
any animal included in the definitions of "domestic animal" and "livestock" as prOVided by s. 585.01
shall constitute a good defense to either of such actions. History.-s. 1, ch. 4978,1901; GS 3144; RGS 4959; CGL 7046; s. 1, ch. 79-315; s. 2, ch. 94-339.
767.04 Dog owner's liability for damages to persons bitten.-The owner of any dog that bites any
person while such person is on or in a public place, or lawfully on or in a private place, including the
property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the
EXHIBIT
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former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence
on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of
the owner of the dog by the percentage that the bitten person's negligence contributed to the biting
incident. A person is lawfully upon private property of such owner within the meaning of this act when
the person is on such property in the performance of any duty imposed upon him or her by the laws of
this state or by the laws or postal regulations of the United States, or when the person is on such
property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except
as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or
omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on
his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this
section is in addition to and cumulative with any other remedy provided by statute or common law. History.-s. 1, ch. 25109,1949; s. 1, ch. 93-13; s. 1155, ch. 97-102.
767.05 Owner's liability for damages by dog to dairy cattle.-An owner or keeper of any dog that
kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of such dairy
cattle for all damages done by such dog; and it is not necessary to prove notice to or knowledge by any
such owner or keeper of such dog that the dog was mischievous or disposed to kill or worry any dairy
cattle. History.-s. 2, ch. 79·315; s. 482, ch. 81-259.
767.07 Interpretation.-Section 767.05 is supplemental to all other laws relating to dogs not
expressly referred to therein and shall not be construed to modify, repeal, or in any way affect any part
or provision of any such laws not expressly repealed therein or to prevent municipalities from
prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or
ordinance now or hereafter provided. History.-s. 2, ch. 79·315.
767.10 Legislative findings.- The Legislature finds that dangerous dogs are an increasingly serious
and widespread threat to the safety and welfare of the people of this state because of unprovoked
attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to
the failure of owners to confine and properly train and control their dogs; that existing laws
inadequately address this grOWing problem; and that it is appropriate and necessary to impose uniform
requirements for the owners of dangerous dogs. History.-s. 1, ch. 90·180.
767.11 Definitions.-As used in this act, unless the context clearly requires otherwise:
(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:
(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being
on public or private property;
(b) Has more than once severely injured or killed a domestic animal while off the owner's property;
or
(c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to
in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.
(2) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and
lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
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(3) "Severe injury" means any physical injury that results in broken bones, multiple bites, or
disfiguring lacerations requiring sutures or reconstructive surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog is
securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the
entry of young chil.dren and designed to prevent the animal from escaping. Such pen or structure shall
have secure sides and a secure top to prevent the dog from escaping over, under, or through the
structure and shall also provide protection from the elements.
(5) "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city, county, or
state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of
the animal control authority under this act.
(6) "Animal control officer" means any individual employed, contracted with, or appointed by the
animal control authority for the purpose of aiding in the enforcement of this act or any other law or
ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of
animals and includes any state or local law enforcement officer or other employee whose duties in
whole or in part include assignments that involve the seizure and impoundment of any animal.
(7) "Owner" means any person, firm, corporation, or organization possessing, harboring, keeping, or
having control or custody of an animal or, if the animal is owned by a person under the age of 18, that
person's parent or guardian. History.-s. 2, ch. 90·180; s. 2, ch. 93·13; s. 1156, ch. 97·102; s. 1, ch. 2011·211.
767.12 Classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts.
(1 )(a) An animal control authority shall investigate reported incidents involving any dog that may be
dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person,
including any animal control officer or enforcement officer, desiring to have a dog classified as
dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with
the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or
enclosed area pending the outcome of the investigation and resolution of any hearings related to the
dangerous dog classification. The address of where the animal resides shall be provided to the animal
control authority. No dog that is the subject of a dangerous dog investigation may be relocated or
ownership transferred pending the outcome of an investigation or any hearings related to the
determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall
not be relocated or ownership transferred.
(b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person
who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting,
abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the
dog was protecting or defending a human being within the immediate vicinity of the dog from an
unjustified attack or assault.
(c) After the investigation, the animal control authority shall make an initial determination as to
whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an
opportunity for a hearing prior to making a final determination. The animal control authority shall
provide written notification of the sufficient cause finding, to the owner, by registered mail, certified
hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process.
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The owner may file a written request for a hearing within 7 calendar days from the date of receipt of
the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as
possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request
from the owner. Each applicable local governing authority shall establish hearing procedures that
conform to this paragraph.
(d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written
notification to the owner by registered mail, certified hand delivery or service, and the owner may file a
written request for a hearing in the county court to appeal the classification within 10 business days
after receipt of a written determination of dangerous dog classification and must confine the dog in a
securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing
authority must establish appeal procedures that conform to this paragraph.
(2) Within 14 days after a dog has been classified as dangerous by the animal control authority or a
dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a
certificate of registration for the dog from the animal control authority serving the area in which he or
she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to
issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of
age and who present to the animal control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly
visible warning sign at all entry points that informs both children and adults of the presence of a
dangerous dog on the property.
(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
The appropriate governmental unit may impose an annual fee for the issuance of certificates of
registration required by this section.
(3) The owner shall immediately notify the appropriate animal control authority when a dog that has
been classified as dangerous:
(a) Is loose or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall prOVide the name, address, and
telephone number of the new owner to the animal control authority. The new owner must comply with
all of the requirements of this act and implementing local ordinances, even if the animal is moved from
one local jurisdiction to another within the state. The animal control officer must be notified by the
owner of a dog classified as dangerous that the dog is in his or her jurisdiction.
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure
unless the dog is muzzled and restrained by a substantial chain or leash and under control of a
competent person. The muzzle must be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but will prevent it from biting any person or animal. The owner
may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle
or leash, if the dog remains within his or her sight and only members of the immediate household or
persons 18 years of age or older are allowed in the enclosure when the dog is present. When being
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transported, such dogs must be safely and securely restrained within a vehicle.
(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or
training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials,
conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the
provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all
other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall
not be used for hunting purposes.
(6) This section does not apply to dogs used by law enforcement officials for law enforcement work.
(7) Any person who violates any provision of this section is guilty of a noncriminal infraction,
punishable by a fine not exceeding $500. History.-s. 3, ch. 90·180; s. 3, ch. 93-13; s. 3, ch. 94·339; s. 1157, ch. 97·102.
767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic
animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by
an animal control authority, placed in quarantine, if necessary, for the proper length of time, or
impounded and held for 10 business days after the owner is given written notification under s. 767.12,
and thereafter destroyed in an expeditious and humane manner. This 1O-day time period shall allow the
owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the animal during any appeal
procedure.
(2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any
human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine,
if necessary, for the proper length of time or held for 10 business days after the owner is given written
notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10
day time period shall allow the owner to request a hearing under s. 767.12. The owner shall be
responsible for payment of all boarding costs and other fees as may be required to humanely and safely
keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge
of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under
the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as
prOVided in s. 775.082 or s. 775.083.
(3) If a dog that has preViously been declared dangerous attacks and causes severe injury to or death
of any human, the owner is guilty of a felony of the third degree, punishable as prOVided in s. 775.082,
s. 775.083, or s. 775.084. In addition, the dog shall be immediately confiscated by an animal control
authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days
after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious
and humane manner. This 1O-day time period shall allow the owner to request a hearing under s.
767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be
required to humanely and safely keep the animal during any appeal procedure.
(4) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may
not be destroyed while the appeal is pending.
(5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity
at the time of the attack, the owner is not guilty of any crime specified under this section. History.-s. 4, ch. 90·180; s. 4, ch. 93·13; s. 4, ch. 94-339.
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767.14 Additional local restrictions authorized.-Nothing in this act shall limit any local
government from placing further restrictions or additional requirements on owners of dangerous dogs or
developing procedures and criteria for the implementation of this act, provided that no such regulation
is specific to breed and that the provisions of this act are not lessened by such additional regulations or
requirements. This section shall not apply to any local ordinance adopted prior to October 1, 1990. History.~s. 5, ch. 90-180.
767.15 Other provisions of chapter 767 not superseded. - Nothing in this act shall supersede
chapter 767, Florida Statutes 1989. History.-s. 6, ch. 90-180.
767.16 Bite by a police or service dog; exemption from quarantine.-Any dog that is owned, or
the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog
for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from
any quarantine requirement following such bite if the dog has a current rabies vaccination that was
administered by a licensed veterinarian. History.-s. 1, ch. 91-228.
Copyright © 1995-2013 The Florida Legislature. Privacy StCltement • Contact Us
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I ient/Investigation Report Agency: MeSO Case Number: 2012-038629 Date: 12/27/201214:59:17
Incident Information DatelTime Reported IDateITime Found IDate/Time Found Officer
\2/24/2012 16:35 12/24/2012 16:00 12/24/2012 16:35 (11005821) KACZMAREK. THOMAS Incident Location
22638 Morning Glory Cir, Bradenton, FL 34202
Zone: N40 Grid: 1733
Cha~ges
Description
INFORMATION ONLY
Alcohol, Drugs or Cumpulers Used Premises Entered Forced Entry Weapons
o Alcohol 0 Drugs 0 Computers o Yes 0' No 1.
Entry Criminal Activity 2.
3.
Bias Motivation Bias Circumstances Hale Group
NONE (NO BIAS)
Victims Seq. #
1 Name(Last, First, M)
LEVIN,RO S
Address Home Phone
22485 PANTHER LOOP, BRADENTON, FL 34202 (941) 677-6131
Employer Name/Address Business Phone
Victim of Crimes Cell Phone
(941) 587-7623
Seq.1I IType I Injuries IResidency Status [ Ethnicit}'
2 INDIVIDUAL Laceration, Other Resident Non-Hispanic
Name(LasL First, M) I Race ISex IDOB \ Age JUVENILE
Address Home Phone
Employer l'Oame/Address Business Phone
Victim of Crimes Cell Phone
I I
EXHIBIT
Report: rJWlni.frx Page 1 of 4 12/27/2012 14:59:17
I ' ent/Investigation Report Agency: MeSO Case Number: 2.012-038629 Date: 12/2712.012. 14:59: 17
. . - Witne'sses
1
'. Seq:-# IName (Last, First, M) [DOB IAgeI Race
1 WALLACE. BOB W I~x 07/10/1948 64
Address Home Phone
22523 MORNING GLORY erR. BRADENTON. FL 34202
Employer Name/Address Business Phone
Witness Type Cell Phone !
(704) 576-0075
Witness Notes
lot . ... . '" \(',$ .1;': ....,:;., . ~ - OtberP-ersons Involved :1?::~P~ _>i~}' .. . , I'Name Code IName (Last, First, M) Race Sex~
I.nyolv.ed'Other .' "1 se·~t CURTIS, BETHANY SUE W F
Address Home Phone
22627 MORNING GLORY CIR, BRADENTON. FL 34202
Employer Name!Address Business Phone
Cell Phone
(717) 658-9987
Name Code ISeq.-# IName (Last, First, M) Race Sex-, Involved Other .2 HILL, JERRY W M
Address Home Phone
305 25TH ST W. PALMETTO. FL 34221 (941) 742-5933
Employer Name/Address Business Phone
(941) 742-5933 XO
Cell Phone
'Na'l11eCode ISeq.·# IName (Last, First, M) Race Sex
fuvolved Other 3 ERSKINE. KAREN K W F
Address Home PllOne
22638 MORNING GLORY crR. BRADENTON, FL 34202
Employer Name!Address Business Phone
Cell Phone
(302) 653-9138
Report: r_iwlnUrx Page 2 of 4 12127/2012 14:59:Ii
I jent/Investigation Report Agency: MeSO Case Number: 2012-038629 Date: 12/2712012 14:59: 17
NEIGHBOR
(10001585) CARPENTER, KRYSTAL
Report: r_lwlni.frx Page 3 of 4 12/2712012 14:59:17
I jent/Investigation Report Agency: MeSO Case Number: 2012-038629 Date: 12/27/2012 14:59:17
Infonnation
22638 Morning Glory Way
Bradenton, FL
Bab Wallace reported that he witnessed the victim JC riding his bike in front of his residence on the roadway. Two Ausrralian Shepherd dogs ran
up to JC and attacked him. Both dogs were bitting JC and Bob ran over to scare of the dogs. JC was taken to his listed residence by Bob. JC was
then rushed to the Emergency room and latter transported to All Children's by his mother Bethany Curtis. Roy Levin heard what happened and
attempted to secure the dogs as they were running up and down the street chasing people. Roy then became a victim when one of the dogs
attacked him. Roy was itten on his left hip. I arrived and observed both dogs running up and down the srreet. ] observed them chasing people
inside there car at 22627 Morning Glory Way. I attempted to secure the dogs. I was able to secure one in the back seat of my patrol car. When this
happened the other ran up to 22638 Morning Glory way and laid down. Jerry Hill responded from animal services and attempted to secure the
loose dog in front of the residence. The dog then jumped through a broken front window. 1 observed the window to be open and the screen pushed
out. I observed this as the point of exit for the dogs. 1 attempted to contact a owner with negative results. J received a name of Lauren from a
neighbor but no contact infonnation. Sgt. Morie responded and was briefed. OUi of fear for the safety of the community authorization was given
to take the other dog in custody through a unsecured door at the residence, 1 observed Roy's injury to about six inches in length and bleeding. 1
made contact with Bethany and was advised that JC was in with the doctor. The owner of the dogs Karen Erskine later responded and I advised
her of all actions. Case cards were issued to all parties, Jerry Hill filled out all bite forms and left case cards as well #A 12044623
Report: r_lwlnUrx Page 4 of 4 12/2712012 14:59:17
MANATEE COUNTYSHERlFF'S OFFICE
DEPUIY 10M KACZMAREK
* ENFORCENffiNT~ATROL
DISTRICT II
600 301 BlYd., W. (941) 747-3011 Suite 202 /7---.3Y;'£9Cue IIBradenton, Florida 34205
COURTESY AND SERVICE
Manatee County Animal Services
Affidavit of Complaint
Generally, violations of the Manatee County Animal Services Ordinance do not occur when an officer is present. For an Animal Services Officer or the Animal Services Division to take any action regarding a violation, either the officer or someone else must witness the incident(s).
This Affidavit of Comolaint, when completed by a witness, provides the documentation necessary for action to be taken. It establishes probable cause for an officer to believe that a violation took place, who was involved and the nature of the violation. This statement form is essential for Animal Services to pursue further action in reference to the vio\ation(s) you have described. For Animal Services to efficiently respond to your needs, we ask that you review and carefully complete this statement to the best of your knowledge and return it to the Animal Services Division within ten (10) days.
Photographs and other evidence you may have are essential in proving a case. If photographs and/or other evidence are provided, include the date, time, location, and who gathered the evidence.
Revised 11/08/2004
EXHIBIT
-------1 tj
----
;':' ~. .-!------- --l..L.- ---,
Case Number _
Affidavit Manatee County Animal Services State of Florida County of Manatee County Government
Tell us about you This portion is to be completed by you, and about you. We need to know your full name, address and other important information. Please print neatly or type, and review the completed form to ensure that all information is included and correct.
CU(~S.\ . arne/, I ~ / I ,,- ·/>J.tl II
Last: ~J(t 1:1 First: J"0S+-; n MI: wen:;11
N ~ , ---Address: 2.,2~ 27 (Y)orn lh , [ilory ()rcJe Apt: _
City: State: --L..._-'::::::.__ Zip: ..)4 20 <::6co...den -I- E' /-J
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/::::L <
Telephone: Home: {4LJ ~ r; 77 -, ( 0 z. Work: (17)(P!:...:::?:.....:...9_- qCf~7
Tell us about the animal owner We need to record as much information about the animal owner as you know. Don't guess, be certain. The information required is the animal owner's name and address. If you are uncertain about the owner's information, or if the animal even has an owner, speak with neighbors to be sure.
Name: Last: [::rsKI ne- First: !<ar€-rl Ml:
Address: ,;;J..;) (P 3 ~ /lAD r-n 1)'9' G [O?j Ur-c te- Apt: ----
City: '/2rzufe--n-f-D"v7 State: -.!/~L:=:- _ Zip: 31-2-02
Telephone: Home: ( Work: (
When is the owner normally home? _
Other information about the owner you feel we need to know:
Revised 11/08/2004
2
(
Case Number _
What does the animal look like? To take action, Animal Services needs to be as certain as possible that we are dealing with the correct animal{s). Please write as much of a clear description of each animal as possible. Only list the animals involved in this incident that you are completing this statement for. Here are some basic rules:
"Breed" is for the type of animal like a "Lab" or "short haired cat"
"Color" is for the main color of the animal. If it has other colors, list the main color first
Animal l' . . Breed: A,>~7J(~/tU1 5Np
J£l!:cle one) ~ Cat Color: 6bd IttJh'k
I
~"1leOne) ~ Female
Animal 2:/L , . , Breed: l~lt51ra/;.a...r\ 's'bvL?
I
(circle one) Dog Cat Color: In {U I c5 r- ~fieone)
~ Female
Animal 3: Breed: _
(circle one) Dog Cat Color: _
(circle one) Male Female
Animal 4: (circle one) (circle one) Breed: _ Dog Cat Color: _ Male Female
If you are not sure about the animal or its description, be sure that you talk to your neighbors. Incorrect information damages everyone's credibility if the case was to go to court.
When and where did it happen? This is where you tell your story. Please fill in all the b~anks with the ~X.ACT date, location and APPROXIMATE time based on what you observed. Without this information, Animal Services cannot take any further action. Here are some examples:
25thLocation: in the road in front of 305 - St. W. in Palmetto 25thin my yard at 305 - St. W. in Palmetto
Date: October 10, 2003 Approximate time: 1:45 p.m.
Location of Incident: ;) C2 & 37J~ )~1t r n /~ C;lc) 'Y U r-
Exact Date of Inc ident: ---:.-1_c;<_,.f-/.:..d--:.Y....,./l..-:-/_:2...;......- _
Approximate Time of Incident: 4; tv a.m. or ~
Revised 11/08/2004
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Case Number _
Tell us what happened In this section you will write a brief summary of what happened, based on the information you gave about When and Where it happened. Write about what you saw and only write about the most recent event. Previous events are not relevant to this one! DO NOT write about what someone else told yoU or about other conflicts you have had with the animal owner. Only write your story about what you observed.
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
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Signature of Comp~ainant
Subscribed and sworn to (or affirmed) before me this date: by __---------who is/are personaHy known to me or has/have produced (type of identification) , as identifi~ation.
______________ Notary Public, Commission number _
Signature
Name of Notary typed, printed or stamped Revised 11/08/2004
4
Manatee County Animal Services
Affidavit Continuation Case Number _
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
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dJ~fu~;j?£&~.Signature of Complainant
Subscribed and sworn to (or affirmed) before me this date: {).- ,1-) - Jd-. by R<)1,Ib, , iv, Cu,"0J who is/are personally known to me or has/have produced
(tY1,Q.",,:;.diiJt:;onl C~3;- (7,· lJ--'is, -. C ,as identification ---!-~~/t---.:.'-1.,J.:.I!//-4"{J:.-.. Notary Public, Commissi on number _ S natur'e /7'
/ Name of Notary typed, printed or stamped
Revised 11108/2004
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I
I Manatee County Animal Services
Affidavit of Complaint
Generally, violations of the Manatee County Animal Services Ordinance do not occur when an officer is present. For an Animal Services Officer or the Animal Services Division to take any action regarding a violation, either the officer or someone else must witness the incident(s).
This Affidavit of ComDlaint, when completed by a witness, provides the documentation necessary for action to be taken. It establishes probable cause for an officer to believe that a violation took place, who was involved and the nature of the violation. This statement form is essential for Animal Services to pursue further action in reference to the violation(s) you have described. For Animal Services to efficiently respond to your needs, we ask that you review and carefully complete this statement to the best of your knowledge and return it to the Animal Services Division within ten (10) days.
Photographs and other evidence you may have are essential in proving a case. If photographs and/or other evidence are provided, include the date, time, location: and who gathered the ev·ldence.
Revised 11/08/2004 EXHIBIT
------__.1 S
-----
C"
Case Number _
Affidavit Manatee County Animal Servi:::es State of Florida County of Manatee County Government
Tell us about you This portion is to be completed by you, and about you. We need to know your full name, address and other important information. Please print neatly or type, and review the completed form to ensure that all information is included and correct.
Name: (l ~ I.' Last:----LAM~.;...i_$ _ r=irst: JL55 e.., Ml:_LJ~_ Address: :ld--C;)-7 C1!o(¥ L/rv{e..-.
/ Apt: ----
City: f3irtd-e-t,1~ State:-LI_-_L Zip: SVZc'L
Telephone: Home: ~1') '11 Work: (
Tel! us about the animal owner We need to record as much information about the animal owner as you know. Don't guess, be certain. The information required is the animal owner's name and address. If you are uncertain about the owner's information, or if the animal even has an owner, speak with neighbors to be sure.
Name: L M~: _Last: _----IoE;~('_:5---!.f----:.;_t1.;...e..=-_______ r=irs t: /5' c<..4"<217
Address: -----=J.._~_G_3_'8_.....;.//1;.....;.10_'''.....;.'1.:.....(,~~~t;~/o:..L[+-r---..:::.C...:....tr-----.:~:::::::..- _ Ap::
City: B(uck-rt-fvt1 State: FL Zip: 3£./21 2--:..-=-----Teiephone: Home: ( Work: (
When is the owner normally nome? _
Other information about the owner you feel we need to know:
Revised 11/0812004
( (
Case Number _
What does the animal look like? To take action, Animal Services needs to be 2S certain as possible that we are dealing with the correct animal(s). Please write 2S much of a ciear description of each animal as possible. Only list the animais involved in this incident that you are completing this statement for. Here are some basic rules:
"Breed" is for the type of animal like a "Lab" or "short haired cat"
"Color" is for the main color of the animal. If it has other colors, list the main color first
Animal 1: IL. -j (circle one) ~cieone)Breed: rw5 5vlc?-fJ ~ Cat Color: B)(J-vt e Female
I
Animal 2: /J.... I ( SL'fl (circle one) ~cieone) Breed: __ __ Dog Cat Color: ~ Female1c;r~\~_/~~~~l~~ _-f-• ...L- _
Animal 3: (ci rcle one) (cirde one) Breed: _ Dog Cat Male FemaleColor: ------- Animal 4: (circle one) (circle one) Breed: _ Dog Cat Color: _ Male Female
If you are not sure about the animal or its description, be sure that you talk to your neighbors. incorrect information damages everyone's credibility if the case was to go to court.
When and where did it happen? This is where you tell your story. Please fill in all the blanks with the ::XACT date, iocation and APPROXIMATE: time based on what you observed. Without this information, Animal Servk:es cannot take any further action. Here are some ehampies:
Location: in the road in front of 305 - 25th St. W. in Palmetto In my yard at 305 - 25 th St. W. in Palmetto
Date: October 10, 2003 Approximate time: 1:~5 p.m.
Location of In:::ident: _
=hact Date of In:::iden:: _
Approximate Time of In:::ident: _ a.m. or p.m.
ReVised 11/06/2004
-----------
( (
Case Number
Tell us what happened in this section you will write a brief summary of what happened, based on the information you gave about When and Where it happened. Write about what you saw and only write about the most recent event. Previous events are not relevant to this one! DO NOT write about what someone else told vou or about other conflicts you have had with the animal owner. Only write your story about what you observed.
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
We. , Cl5 O~ df Jl.(5HYI. HV"W1/y ~. (:~ j!1Pt+ +6e/~ ( i J
ls no SPhtJ vt ~ t1 ·11~! )" Ca 5C- ~ ·d~ 'fp p'1+ ±ite.
d1' ~5 do L{)n , {!jJ~ k/{JU~ '-{hi ~ kco1.(/K- i'+ t1~
Signature of Comp~ainant
Subscribed and sworn to (or affirmed) before me this date: by ___________ who isfare personally known to me or haslhave produced (type of identifiGation) , as identification.
_____________ Notary Public, Commission number _ Signature
Name of No.ary typed, minted or stamped Revised 11/08/2004
· . (
Manatee County Animal Services
Affidavit Continuation Case Number _
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.. I nc-i' 9' ~ ~ ~ r 111.1'-"~ <Jhe [uP 'dJ '12t hti~ b ;zi("- +0 I P~h+ f1LLdu-g-5 l}\ft,e- JU.s~I~ drj-a~1 kJj~Lc) 1141~
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)J) C' OuJ1 Y5 r1 /--Ct.-S5 r ~ . 'rR-
I
If requested, I agree to appear in Court to give testimon regarding this matte.t]
Subscribed and sworn to (or affirmed) before m this date: /-.3 - J j by """-""'''''''---''-_---=......>o:.r.~''___ ___::<''''"~ who is/are personally known to me or has/have produ:;ed
I" • 33..- ? '1- ...l- '11 ,as identification.
--ri--+-f+---"7'=--+-F~~~---Notary Pubiic, Commission number _
~me of Notary typed, printed or stamped
Revised 11/08/2004
\),£------~----
Manatee County Animal Services
Affidavit of Complaint
Generally, violations of the Manatee County Animal Services Ordinance do not occur when an officer is present. For an Animal Services Officer or the Animal Services Division to take any action regarding a violation, either the officer or someone else must witness the incident(s).
This Affidavit of ComDlaint, when completed by a witness, provides the documentation necessary for action to be taken. It establishes probable cause for an officer to believe thata violation took place, who was involved and the nature of the violation. This statement form is essential for Animal Services to pursue further action in reference to the violation(s) you have described. For Animal Services to efficiently respond to your needs, we ask that you review and carefully complete this statement to the best of your knowledge and return it to the Animal Services Division within ten (10) days.
Photographs and other evidence you may have are essential in proving a case. If photographs and/or other evidence are provided, include the date, time, location, and who gathered the evidence.
Revised 11/0812004
1 1 I ,.. I I'-------\J-EXH\B\T
I
-----
-----
Case Number _h_1_/_2._-_0_'I_LJ_t_Z_7 _
Affidavit Manatee County Animal Services State of Florida County of Manatee County Government
Tell us about you This portion is to be completed by you, and about you. We need to know your full name, address and other important infonnation. Please print neatly or type, and review the completed form to ensure that all information is included and correct.
Name: . C' \
Last: L_E._"_!I_N _ _First: ----'------- MI: _~_c:;
Address: ,:;!..;J,Lft'5 pmJ 11fEf::. loop Apt: _
---= City: B/Z::>rDc,i IOrv.' State: ;:-L- Zip: 3i.J~(I;;;-"
C2LL.
Telephone: Home: (q~() 077 - 6/3/ ~: (Cffl ) 5~7 - '762J,
Tell us about the animal owner We need to record as much information about the animal owner as you know. Don't guess, be certain. The information required is the animal owner's name and address. If you are uncertain about the owner's information, or if the animal even has an owner, speak with neighbors to be sure.
Name: Last _ First: i<t912£,J Mt:
Address: _..l:::::~";"~~'...::o~8:.-'..-.;...~.:...,O-"-r<..:.:.N_i ,,",_ _ Apt:~_.. ....::(1...0(.:::';";;':-:'-1-7-'_c...:.\_~--=::..c::::.._·
__ . ..:.-,,_()_8--=--=~..:.-'.:_v_~_'\ _ State: _~_L Zip: 3~).c)-.....,City: ~b=--C2f'\.:..-
Telephone: Home: ( Work: (
When is the owner normally home? _
Other information about the owner you feel we need to know:
Revised 11108/2004
2
(
Case Number __i\__'~_-_O_'-\_~_~_Z;;:;..3 _
What does the animal look like? To take action, Animal Services needs to be as certain as possible that we are dealing with the correct animal(s). Please write as much of a clear description of each animal as possible. Only list the animals involved in this incident that you are completing this statement for. Here are some basic rules:
"Breed" is for the type of animal like a "Lab" or "short haired cat"
"Color" is for the main color of the animal. If it has other colors, list the main color first
Animal 1: I}U:5T,'<./rufr.'V ~Ieone) [;¥tpJ.'<. 8,2e.~-vi ~Ieone) Breed: (~'7~P/-!9'....,() ~ Cat Color: /1) C/~ ~ Female
Animal 2: A7J7 77'J'rumJ Breed: 5/-tEPH&/~D
~eone)e) Cat Color: /1)c'k.c {;JhJE
/r) £1..&-<' ~cleone)
~ Female
Animal 3: Breed: _
(circle one) Dog Cat Color: _
(circle one) Male Female
Animal 4: Breed: _
(circle one) Dog Cat Color. _
(circle one) Male Female
If you are not sure about the animal or its description, be sure that you talk to your neighbors. Incorrect information damages everyone's credibility if the case was to go to court.
When and where did it happen? This is where you tell your story. Please fill in all the blanks with the EXACT date, location and APPROXIMATE time based on what you observed. Without this information, Animal Services cannot take any further action. Here are some examples:
25thLocation: In the road in front of 305 - St. W. in Palmetto In my yard at 305 - 25th St. W. in Palmetto
Date: October 10, 2003 Approximate time: 1:45 p.m.
.- "/? ,..., . /' /;' ") .../1-/ /1'J1a~5::'3=--·Tl':>.-..i c:':-- I i:/"':Nj/\it;;; bLCi.:-y CII~l---::='
Location of incident: ~~~~~-~~,~)~~~1~c~'~~~_)~~~~~~~J~~~~~~- __~_~~~Jf~~~~~L~~~~~'~~~_~/
Exact Date of incident: IJ_£_c_,_...:?~Lf~,_(_-;L_"c_-_1_2---~~_
Approximate Time of Incident: __7':_,_/:..,_t;_-_Lf._,_'3_c_/ _ a.m,orG
Revised 11/0812004
3
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Case Number fr /.J.-C''It.jGz_~
Tell us what happened In this section you will write a brief summary of what happened, based on the information you gave about When and Where it happened. Write about what you saw and only write about the most recent event. Previous events are not relevant to this one! DO NOT write about what someone else told YOU or about other conflicts you have had with the animal owner. Only write your story about what you observed.
r I
-m 7l217NiiSr 77f£J'J 7? /IElJz~~ pz;/iL/J/'Jrff&;-t ~f'd; if.y tUViU
bc-/1l 11)~51 vlo W1M /lJ:!, I -l m~~ :/0 d~l;J f·7ft:J Ij-r.;/O !!:7 bet;/11T)g/ Pt0~4 f1Jc! llIt~l OM" trdP /)(7/ /!11tJu) wA IJ!.~)
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a4-Pd~/ ~~/mff/ ~h// I
Subscribed and sworn to (or affirmed) before me this date: /- .3-/3 byP-.oi 4v,A/ who is/are personally known to me or has/have produced (ty~e of iftJ7P:e ·lcat{flJ··. " /"';-0 - '73; - '-Is- - d-.o/ , as identification.:: / 1(. /M/
. \ ~ . //;, ~ Notary PUblic, Commission number _ SIgnature "
I
Name of Notary typed, printed or stamped Revised 11/08/2004
4
0----
Manatee County Animal Services
Affidavit of Complaint
Generally, violations of the Manatee County Animal Services Ordinance do not occur when an officer is present. For an Animal Services Officer or the Animal Services Division to take any action regarding a violation, either the officer or I ,someone else must witness the incident(s). I
I IThis Affidavit of Comofaint, when completed by a witness, provides the Idocumentation necessary for action to be taken. It establishes probable cause for
an officer to believe that a violation took place, who was involved and the nature of I the violation. This statement form is essential for Animal Services to pursue further I action in reference to the violation(s) you have described. For Animal Services to I efficiently respond to your needs, we ask that you review and carefully complete this statement to the best of your knowledge and return it to the Animal Services I Division within ten (10) days. I
I
I
Photographs and other evidence you may have are essential in proving a case. If photographs and/or other evidence are provided, include the date, time, location, and who gathered the evidence.
Revised 1110812004 EXHIBIT
(
Case Number 41 ).._(),/l/ ~d. 3
Affidavit Manatee County Animal Services State of Florida County of Manatee County Government
Tell us about you This portion is to be completed by you, and about you. We need to know your full name, address and other important information. Please print neatly or type, and review the completed form to ensure that all information is included and correct.
Name: Last: W,4Lt-..4GE M!: E,.
Address: 22S.:23 MO£?..IYtN'l!Llt:ey ~,Rd-Le Apt: _
City: ff1er4-D~,yt! State: EL Zip: "3 Vo~ Cb.-L
Telephone: Home: (10/1) b77 - 6/ ~8 ~ (/f:'~ 524 - Do 75
Tell us about the animal owner We need to record as much information about the animal owner as you know. Don't guess, be certain. The information required is the animal owner's name and address. If you are uncertain about the owner's infonnation, or if the animal even has an owner, speak with neighbors to be sure.
Name: Last: r;gs I/... {Nf' M!: ---
Apt: _
City: _ State: Zip: _
Telephone: Home: ( Work: (
When is the owner normally home? _
Other information about the owner you feel we need to know:
Revised 11/08/2004
2
-------------
( ,-------------- --''----------------------------,
Case Number
What does the animal look like? To take action, Animal Services needs to be as certain as possible that we are dealing with the correct animal(s). Please write as much of a clear description of each animal as possible. Only list the animals involved in this incident that you are completing this statement for. Here are some basic rules:
"Breed" is for the type of animal like a "Lab" or "short haired cat"
"Color" is for the main color of the animal. If it has other colors, list the main color first
Animal 1: (cirde one) ~deOne) Breed: AL'~ 9b ff' CJl§) Cat Color: $?Itc.J:. ± Lit. ,/-Q:. _ alE}) Female
Animal 2: lcircle one) (circie one) Breed: AvsT Sh042P §) Cat Color: TR':'~ Female~ Animal 3: (circie one) (circle one) Breed: Dog Cat Color: Male Female
Animal 4: (cirde one) (circle one) Breed: Dog Cat Color: Male Female
If you are not sure about the animal or its description, be sure that you talk to your neighbors. Incorrect information damages everyone's credibility if the case was to go to court.
When and where did it happen? This is where you tell your story. Piease fill in all the b~ank5 with the EXACT date, location and APPROXiMATE time based on what you observed. Without this information, Animal Services cannot take any further action. Here are some examples:
25thLocation: In the road in front of 305 - St. W. in Palmetto 25thIn my yard at 305 - St. W. in Palmetto
Date: October 10, 2003 Approximate time: 1:45 p.m.
Exact Date of incident: 1;Z-:::!.. 'f- I·z
,,~
Approximate Time of Incident: _-'H:--==- _ a.m, or~
Revised 11/0812004
3
(
Case Number _
Tell us what happened In this section you will write a brief summary of what happened, based on the information you gave about When and Where it happened. Write about what you saw and only write about the most recent event. Previous events are not relevant to this one! DO NOT write about what someone else told YOU or about other conflicts you have had with the animal owner. Only write your story about what you observed.
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
If requested, I agree to appear in Court to give testimony regarding this rr.atter.
j(jp;;J ZI)~~. Signature of Complainant
Subscribed and sworn to (or affirmed) before me this date: IJ- d-l - f J- by&--h::r, W/l.I\.4CP who is/are~personal\yknown to me or has/have produced (type of identification) k/'"i+C -7<:-::;-- '-I:s -(+-5'0 ,as identificatior1.
______________ Notary Public, Commission number _
Signature
Name of Notary typed, printed or stamped Revised 1110812004
4
Manatee County Animal Services
Affidavit Continuation Case Number _
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
If requested, I agree to appear in Court to give testimony regarding this matter.
Signature of Complainant
Subscribed and sworn to (or affirmed) before me this date: by ____________ who is/are personally known to me or has/have produced (type of identification) as identification.I
______________ Notary Public, Commission number _
Signature
Name of Notary typed, printed or stamped
Revised 11/08/2004
o Manatee County Animal Services
Affidavit of Complaint
Generally, violations of the Manatee County Animal Services Ordinance do not occur when an officer is present. For an Animal Services Officer or the Animal Services Division to take any action regarding a violation, either the officer or someone else must witness the incident(s).
This Affidavit of ComDlaint, when completed by a witness, provides the documentation necessary for action to be taken. It establishes probable cause for an officer to believe that a violation took place, who was involved and the nature of the violation. This statement form is essential for Animal Services to pursue further action in reference to the violation(s) you have described. For Animal Services to efficiently respond to your needs, we ask that you review and carefully complete this statement to the best of your knowledge and return it to the Animal Services Division within ten (10) days.
Photographs and other evidence you may have are essential in proving a case. If photographs and/or other evidence are provided, include the date, time, location, and who gathered the evidence.
Revised 11/08:2004 EXHIBIT
---------tl' S)!
_______ c).L.- ( ~
Case Number _
Affidavit Manatee County Animal Services State of Florida County of Manatee County Government
Tell us about you This portion is to be completed by you, and about you. We need to know your full name, address and other important information. Please print neatly or type, and review the completed form to ensure that all information is included and correct.
~:~~_:_~S~+='.:......A'-f"1-:.:....~.:...:.N--.,;\_,..__---First: ~(i_i....:..~ .-=--_ M!: --I-A-'---__......·:......K;...,.\S.;....·-.:..._)l_i\lE...:..!:'
'1-' ,Address: ':)(;2\» \ k bI lAy Apt:
J ----
-;; :"LCity: Pf/lc\erpun, State:.---l:.l- Zip: 3....4--2(;-2.. Telephone: Home: (<141) Work: {4t~) )01. 01 i C1
Tell us about the animal owner We need to record as much information about the animal owner as you know. Don't guess, be certain. The information required is the animal owner's name and address. If you are uncertain about the owner's information, or if the animal even has an owner, speak with neighbors to be sure.
Name: Las t:_~8<....:-'-:;.5_~_·-.;....{/\j_'.=..[=: _ First: K4r--.-:lfJ~ Ml:
--'--'"--'------- ---
Address: ';:?;;(J; ~c Churn; Ou eel O1V (~) ( c.l t?_ Apt:j / --- .~ . 'J
City: ~l/! lCYI+z (I'")_ 'tc State: _Hl..-->'='=--__ Zip: 3+-J-dD )=. _
Telephone: Home: ( Work: (
When is the owner normally home? _
Other information about the owner you feel we need to know:
Revised 11/08/2004
?
------
~--------- (,~----------(-=-----------, Case Number _
What does the animal look like? To take action, Animal Services needs to be as certain as possible that we are dealing with the correct animal(s). Please write as much of a clear description of each animal as possible. Only list the animals involved in this incident that you are completing this statement for. Here are some basic rules:
"Breed" is for the type of animal like a "Lab" or "short haired cat"
"Color" is for the main color of the animal. If it has other colors, list the main color first
Animal 1: ~Ie one) ,-"" ' ).c.[c1e one) Breed: A'v,smtl'{;\h _C:;h(~~ Cat Color: ~7/ (leL ~~ie' Female
Animal 2: ,. ',' (~Ie one) ~Je-ifcle one) Breed: ~,r'2~1 \,qli ,')bT~U Cat Color: vi ((, IOrt2(~ ~: I Female
Animal 3: (circle one) (circle one) Breed: Dog Cat Color: _ Male Female
Animal 4: (circle one) (circle one) Breed: _ Dog Cat Color: Male Female
If you are not sure about the animal or its description, be sure that you talk to your neighbors. Incorrect information damages everyone's credibility if the case was to go to court.
When and where did it happen? This is where you tell your story. Please fill in all the b~anks with the ~XACT date, location and APPROXII\IIAT~ time based on what you observed. Without this information, Animal Services cannot take any further action. Here are some ehampies:
25thLocation: In the road in front of 305 - St. W. in Paimetto 25thIn my yard at 305 - St. W. in Palmetto
Date: October 10, 2003 Approximate time: 1:45 p.m.
Location of Incident: _
Exact Date of incident: _
Approximate Time of incident: _ a.m. or p.m.
Revised 11/08/2004
(r------------ J-------------=-- ----,
Case Number _
Tell us what happened In this section you will write a brief summary of what happened, based on the information you gave about When and Where it happened. Write about what you saw and only write about the most recent event. Previous events are not relevant to this one! DO NOT write about what someone else told you or about other conflicts vou have had with the animal owner. Only write your story about what you observed.
Please print clearly or type. It is required that this affidavit is notarized. Do not sign it until you are in front of a notary.
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If requested, I agree to appear in Court to give testimony re.~a,r~in9 this matter.
e/q M,LVYJ'l 0------/
N'ame of Notary typed, printed or stamped Revised 11/08/2004
4
(Activity Card
A12-044623-4 INV/BITEF Priority Level: 3 Total Animals: 2 Animal Type: DOG
Activity Address:
Activity Comment:
22638 MORNING GLORY CIR E
2 DOGS ATTACKED PERSON
Owner Information: P048086 KAREN ERSKINE
226388 E MORNING GLORY CIR E
(352) 603-9318
Caller Information: P048099 BETHANY CURTIS
22627 E MORNING GLORY CIR E
P048099 FL 34202 (717) 658-9987
Result Codes:
A055066
Officer: P999905 HILL Clerk: jhill
Call Date:
New Date:
Dispatch Date:
Working Date:
Complete Date:
Memo:
12/24/12 04:35 PM
12/27/1210:44AM
01/03/13 08:15AM
01/03/13 02:01 PM
EXHIBIT
I 9
"
Activity Ca rd
12/24/12
RECEIVED THIS CALL FROM ECC ON A DOG BITE MSO WAS EN ROUTE. WHEN I ARRIVED I WAS TOLD VICTIM # 1 ( JUSTIN CURTIS 22627 MORNING GLORY CIR 717-658-9987) WAS ALREADY TRANSPORTED TO ALL CHILDREN'S HOSPITAL IN NEED OF SURGERY. THE SECOND VICTIM ( ROY LEVIN 22485 PANTHER LOOP) WAS STILL ON SCENE. MSO DEPUTY KACZMAREK HAD ONE OF THE DOGS IN HIS PATROL CAR. THE SECOND DOG WAS STILL LOOSE IN THE FRONT YARD WHERE IT LIVES. WHEN I TRIED TO APPROACH IT THE DOG JUMPED BACK THREW A OPEN WINDOW IN THE FRONT OF THE HOUSE. I DID CLOSE THE WINDOW TO KEEP THE DOG CONTAINED. IT APPEARS THE OWNERS ARE ABANDON THE HOUSE. I THAN WENT OUT TRANSFERRED THE DOG IN THE DEPUTY'S CAR INTO MY VAN. THE DOG HAS A AVID MICROCHIP (091-875-876). I CALLED AVID THE OWNER HAS NOT REGISTERED THE DOG BUT THE CHIP CAME FROM JEFFERSON COUNTY HUMANE SOCIETY 785-945-6606 THE DEPUTY STATED HE WAS WAITING FOR HIS SARGENT TO ARRIVE. WHEN SGT. MORIE ARRIVED HE DECIDED TO TRY AND SEE IF THE BACK SLIDING GLASS DOORS WERE OPEN. ONE WAS AND WE MADE ENTRY AND I REMOVED THE SECOND DOG. BOTH DOGS WERE ATTACKING THE CHILD AND MR. LEVIN WAS NOT SURE WHICH ONE BIT HIM. I LEFT A DOOR HANGER ON THE DOOR AND WILL FOLLOW UP ON THIS CASE ON WEDNESDAY.
JHILL AlS 05
12/24/12
RECEIVED A CALL FROM ECC WITH OWNERS NAME AND PHONE NUMBER. I CALLED MADE CONTACT AND EXPLAINED WHAT I KNEW AND THAT THE DOGS WERE GOING TO BE HELD FOR AT LEAST 11 DAYS AND MAYBE MORE DEPENDING ON THE SEVER OF THE VICTIMS INJURIES. SHE SAID SHE WOULD BE DOWN ON WEDNESDAY TO SEE HER DOGS SHE WILL NOT BE ABLE TO GET THESE DOGS BACK UNTIL THIS INVESTIGATION IS DONE.
JHILL AlS 05
12/26/12 reviewed by JR 12/27/12
I CAME OUT TODAY TO MEET WITH JUSTIN CURTIS AND HIS PARENTS. JUSTIN WAS ATTACKED BY MRS. ERSKINE'S 2 AUST. SHEPHERD DOGS ON 12/24/12. HE RECEIVED 7 DOG BITES. ONE WOUND HAD EXPOSED MUSCLE TISSUE AND NERVES. HE TOLD ME HE WAS RIDING HIS BIKE TRYING TO CATCH UP TO THE MAILMAN. HE SAID HE SAW THE DOGS RUNNING AND THEY CAME UP TO HIM AND ATTACKED HIM. HE TRIED TO USE HIS BIKE TO PUT IT BETWEEN HIM AND THE DOGS BUT THEY WOULD SPLIT UP AND RUN AROUND THE BIKE. HE THAN TRIED TO RUN AWAY AND THE DOGS CAUGHT HIM AND DRAGGED HIM DOWN ON TO THE ROAD. HE SAID THE DOGS STOP ATTACKING HIM AND JUST SAT IN FRONT OF HIS BIKE. THAN THEY WENT AT HIM AGAIN. A MAN (ROBERT WALLACE 22523 MORNING GLORY CIRCLE) WAS DRIVING AND WITNESS THE DOG ATTACK (AFFIDAVIT TAKEN FROM MR. WALLACE). MR WALLACE WAS ABLE TO GET JUSTINE IN HIS VEHICLE AND TAKE HIM HOME TO HIS PARENTS. JUSTINE WAS TAKEN TO ALL CHILDREN'S HOSPITAL AND TREATED. MRS CURTIS (MOTHER) SAYS THE DOCTORS LEFT THE MAIN WOUND OPEN FOR NOW TO HELP IT DRAIN. IN THE FUTURE HE WILL NEED SURGERY ON HIS CALF. MRS. CURTIS EMAILED ANIMAL SERVICES PICTURES OF HER SONS OF THE WOUNDS. I TOOK AN AFFIDAVIT FROM JUSTIN. HIS MOM WROTE IT FOR HIM AND THAN BOTH OF THEM SIGNED IT. I WAS ALSO TOLD THAT A WOMAN HAD TO JUMP IN HER VEHICLE BECAUSE THE DOGS CAME RUNNING AT THEM FROM DOWN THE STREET I DID GET AN AFFIDAVIT FROM HER (CHRISTINE SEAMAN 22516 NIGHT HERON WAY). I WAS UNABLE TO MEET WITH MY OTHER BITE VICTIM TODAY BUT WILL GET WITH HIM AND GET A AFFIDAVIT FROM HIM. WILL CONTINUE THIS INVESTIGATION.
JHILL AlS 05
12/28/12 reviewed by JR
",'
Activity Card
01/02/13
TODAY I MET WITH THE OWNER MRS. ERSKINE AT ANIMAL SERVICES ALONG WITH HER MOTHER. I WENT OVER THE CASE WITH HER AND SHE GAVE A REASON THE DOGS MIGHT HAVE DONE WHAT THEY DID SHE SAID THAT FLA. WILDLIFE AND FISH AND GAME TRAPPED A PANTHER IN NOVEMBER IN HER NEIGHBORHOOD AND THERE IS A SECOND PANTHER THAT IS STALKING HER AND HER DOGS. SHE BELIEVES THAT ON DECEMBER 24 THAT HER DOGS EITHER SAW THE PANTHER OR PICKED UP ITS SCENT AND THEY WENT INTO" HUNTING MODE". SHE SAYS THEY MUST HAVE BEEN ON THEIR WAY HOME WHEN THEY CAME UP ON JUSTIN CURTIS. SHE TOLD ME THAT THEY WERE NOT ATTACKING HIM JUST HOLDING ONTO HIM. WHEN HE TRIED TO RUN AWAY IS WHEN THEY BITTHE BOY (MRS ERSKINE WAS NOT THERE AT THE TIME OF THE ATTACK). I EXPLAIN THAT THERE WAS A SECOND VICTIM (MR. LEVINS) AND THAT MSO DEPUTY WITNESS HER TWO DOGS GOING AFTER A GROUP OF PEOPLE 4 HOUSES AWAY AND THEY HAD TO JUMP IN THE TRUCK TO GET AWAY FROM HER DOGS. THE DOGS WERE JUMPING ON THE TRUCK TO GET AT THE PEOPLE. SHE SAID ONLY WHEN THE DOGS SAW THEM RUNNING TOWARDS THE TRUCK IS WHAT SET HER DOGS OFF. I ISSUED 4 CITATIONS TO MRS. ERSKINE (2 DOGS AT LARGE AND 2 DOGS CAUSING INJURY) SHE MET WITH JOEL RICHMOND AND THAN I WENT BACK WITH HER TO VISIT HER DOGS IN THE KENNELS.
JHILL AlS 05 01/03/13
I WENT BACK OUT TODAY TO TAKE A AFFDAVIT FROM MR. LEVINS WHO WAS ALSO ATTACKED BY MRS ERSKINE'S DOGS. HE HAD ALREADY HAD THE AFFDAVIT FILLED OUT. HE LET ME SEE TWO PICTURES OF HIS BITE WOUND. HE EMAILED THEM TO ME AND I PRINTED THEM OUT AT ANIMAL SERVICES FOR THE CASE FILE. I THAN WENT OVER AND SPOKE TO MR. CURTIS FATHER OF JUSTIN THE FIRST VICTIM. I EXPLAINE THAT ANIMAL SERVICES WILL BE MOVING FOR THE DESTRUCTION OF THE DOGS AND WHAT THE FEELINGS WERE OF THE FAMILY. HE MADE IT VERY CLEAR THAT THEY BELIEVE THE DOGS NEED TO DESTROYED NOTM ONLY FOR THE ATTACK ON THEIR CHILD BUT FOR PUBLIC SAFETY. MR. CURTIS DID GIVE ME A AFFDAVIT ON HIS FEELINGS. MRS ERSKINE HAD STATED THAT FL. WILDLIFE & FISH AND GAME HAD TRAPPED A PANTHER BACK IN NOVEMBER. I CONTACTED FISH AND GAME. THEY HAVE NOT TRAPPED A PANTHER IN THIS AREA AT ALL. A SPOKE TO A WILDLIFE BIOLOGIST AND SHE WOULD CHECKED WITH A LOCAL TRAPPER AND IF ONE WAS TAKEN THEY WOULD GET BACK WITH ME. I SPOKE TO MR. & MRS TIM HUELSMAN @ 22643 MORNING GLORY CIRCLE ( 941-322-9373 OR 941-400-6260) THEY TOLD ME TH:::Y HAVE HAD NO PROBLEMS WITH MRS ERSKINE'S DOGS AND THEY WERE WELL BEHAVED DOGS. I EXPLAINED WHY I WAS OUT THERE AND OFFERED A AFFDAVIT TO THEM TO FILL OUT IN BEHALF OF MRS ERSKINE'S DOGS AS SHE REQUESTED I ALSO SPOK TO A MRS. SHERYL WILSON WHO LIVES AT 22646 MORNING GLORY CIRCLE. SHE SAID SHE HAS NEVER HAD A PROBLEM WITH THE DOGS. I WILL DO A FINAL REPORT ON THIS CASE AND ANIMAL SERVICES WILL DECIDE ON SUFFIECIENT CAUSE FINDINGS.
JHILL AlS 05 01/04/13
ON DECEMBER 242012 I RECEIVED A PAGE FROM ECC ON A DOG BITE AND MSO WAS EN ROUTE. WHEN I ARRIVED I SPOKE TO DEPUTY KACZMAREK (MSO CASE 12-38629 HE ALREADY HAD ONE DOG CONFINED IN HIS PATROL CAR. THE SECOND DOG WAS LOOSE AND JUMPED BACK INTO HIS HOUSE THREW A OPEN WINDOW. THE SECOND DOGS WAS REMOVED A SHORT WHILE LATER WHEN MSO MADE ENTRY TO THE HOUSE. THE VICTIM JUSTIN CURTIS HAD 7 BITE TO HIS LEG AND THIGH AREA WHICH RESULTED IN NUMEROUS SUTURES AND WILL HAVE TO HAVE PLASTIC SURGERY IN THE FUTURE. A SECOND VICTIM MR. ROY LEVIS RECEIVED A SINGLE BITE TO HIS LEFT HIP AREA AFTER HE AND HIS WIFE TRIED TO GET THE DOGS BACK HOME. THE DEPUTY TOLD ME THAT THE TWO DOGS ALSO SAW A GROUP OF PEOPLE STANDING IN THE DRIVEWAY OF JUSTIN CURTIS'S HOME AND THE DOGS WENT AFTER THEM. THEY WERE ABLE TO JUMP IN THE TRUCK BEFORE THE DOGS ATTACKED THEM. THE DOGS DID JUMP UP AT THE TRUCK TRYING TO GET TO THE PEOLPE. AFTER MEETING WITH ALL THE PARTIES AND TAKING AFFDAVITS ON THIS CASE PER STATE STAUTUE 767.12 I FIND THERE IS SUFFIECENT CAUSE TO FIND THESE TWO DOGS (ANIMAL I.D'S A055065 & A055066) DANGEROUS AND MOVE FOR DESTRUCTION AS PROVIDED BY THIS STATU~. THE OWNER MRS ERSKINE WILL BE NOTIFIED IN PERSON ON ANIMAL SERVICES FINDINGS.
JHILL AlS 05
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M.AN.1 _= COUNTY ANIMAL. S=RVIC== Court lnfomiation Sheet
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MAN,· _= COUNTY ANIMAL S=RVIC=:3 Court Inrorrraation Sheet
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MANATEE COUNTY FLORIDA
December 27,2012
Karen Erskine 22638 Morning Glory Circle Bradenton, FL 34202
Dangerous Dog Investigation Animal Services Case A12-044623
Dog(s) Description: Australian Shepherd (2), Male, "Buck and Bill"
Dear Mrs. Erskine,
This agency has received a report that your dogs, as described above, were involved in an incident on December 24th, 2012, that caused injury to a minor child that was riding a bike near the area of your residence and an adult male that came to the child's assistance. The information received in this report implicates grounds for a Dangerous Dog Investigation.
This letter shall serve as official notification that Manatee County Animal Services is investigating this incident pursuant to Florida State Statute 767.12 and 767.13 (Dangerous Dog Law). Your dogs will remain at Manatee County Animal Services pending the outcome of the investigation and resolution of any hearings related to the Dangerous Dog Investigation. It should also be noted that you, the owner of said dogs will be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep your dogs during the investigation and any appeal procedures.
If you have any questions concerning this investigation contact me at 941-742-5933 x8303 Monday thru Friday 8:00 A.M. to 5:00 P.M.
Sincerely,
Joel Richmond, Enforcement Supervisor Animal Services Division
305 - 25 th Street West, Palmetto. Florida 34221 * PHONE: 941-742-5933 * FAX: 941-723-4708 All/mal Services Division * IVww.mvmanatee.orj!
LARRY BUSTLE * jo,llCHAEL GALLEN 'JOHN R. CHA EXHIBIT NESSA BAUGH * CAROL WHITMORE' BETSY BENAe DIS/rici I Dlslrrci -' Disrnc! .l DislriCI -' DISlriCI () D/SIIK! I
1/
MANATEE COUNTY FLORIDA
Karen Erskine 22638 Morning Glory Circle Bradenton, FL 34202
Dangerous Dog Investigation Animal Services Case A 12-044623
Dog(s) Description: Australian Shepherd (2), Male, "Buck and Bill"
Dear Mrs. Erskine,
Manatee County Animal Services has determined during the investigation of your dogs that there is sufficient cause for Dangerous Dog Classification. This decision was based on information received from reports and affidavits pertinent to this case and the application of the criteria of the State of Florida Dangerous Dog Law. It was determined during our investigation that your dogs were involved in an incident whereas two people were bitten and one of the victims suffered a severe injury as defined by Florida Statute 767.11 (3).
The actions of your dogs during this incident meet the State of Florida definition guidelines of dangerous dog classification. Your dogs have been confiscated for a ten day Bite quarantine as required by the Health Department and Manatee County Ordinance 12-10, and thereafter will be destroyed in an expedious and humane manner.
You will have 10 days from the reciept of this notice to provide a request for a hearing under s. 767.12. If you wish you may seek professional legal council regarding this matter. If you have any questions or do not wish to request a hearing, please contact me at 742-5933 x8303 Monday thru Friday 8:00 a.m. to 5:00 p.m.
305 - 251h Street West, Palmetto, Florida 34221 * PHONE: 941-742-5933 * FAX: 941-723-4708 Animal Services Division * www.mvmanalee.or,l?
LARRY BUSTLE· MICHAEL GALLEN ·JOHN R CHAPPlE EXHIBIT A BAUGH • CAROL WHITMORE· BETSY BENAC Dis/rier I Dislric/ ] Dis/ric/3 s/ric/5 Dis/rict 6 Distric/ 7
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Sincerely,
Joel Richmond, Enforcement Supervisor Animal Services Division
Enclosed Copies: Manatee County Animals Services Reports Affidavits Florida State Statutes 767.11, 767.12, and 767.13
Certification of Delivery
A Dangerous Dog Investigation Letter was hand delivered:
Date: I - " - 1:3 Approximate Time: ,-/Jv A~
305 - 25 th Street West, Palmetto, Florida 34221 *' PHONE: 941-742-5933 * FAX: 941-723-4708 Anima! Services Division * www.mymanatee.or,e
LARRY BUSTLE * MICHAEL GALLEN *JOHN R. CHAPPlE * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAe DisrriCI , Oisrriel:2 Oi,rder 3 Oi,rricr 4 DisrncI5 Oisrncr () /Jislncl 7
81387G747~ FEDEX OFFICE H1559 PAGE 62/El2
January 10, 2013
Joel Richmond Enforcement Supervisor Manatee County Animal Service Division 305 25"\ Street West Palmetto, FL 34202
Cage Number A12~044623
Dear Mr. Richmond,
This letter is in response to your letter dated January 04, 2013, concerning the finding of sufficient cause
for Dangerous Dog Classification with respect to my dogs. Buck and 8ill, the Australian Shepherds currently in your care.
At this time I am requesting a hearing under the statute referenced in your letter (s. 767.12), and I will be represented by legal counsel regarding this matter.
I may be reached by cell phone at 352-603-93' 8. A secondary number at which I may be reached,
should the need arise, is 352·796-4720.
Respectfully, Karen Erskine 352-603-9316
EXHIBIT
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Page 1of 1
From: Sufty <[email protected]:> To: "[email protected]" <[email protected]:>
08te: Thursday, December 27,2012 1l:45AM
Subject: Justin Curtis pictures
Sent from my iPhone
Attachments:
phOlO.JPC,
http://isdmaill.inlranel/maiUjhill.nst7(%24Inbox)!3 D455A45E71 E657E08A2687AFF879... J2128/20 12
EXHIBIT
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From: !:Iuffy <[email protected]> To: [email protected]
Date: Thursday, December 27,2012 11:50AM Subject: JustIn Curtis pictures
S nt. from my i.Phone
Attachments:
photo,JI'c,
hllp://isdmuill.inlrancl/mail/jhill.nsli'(%24Inboxl/B8A27399773 EE76379D463F65497C7... 12/28/2012
EXHIBIT
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Page I of I
From: Burfy <[email protected]> To: [email protected]
Date: friday, December 28,2012 04:22PM
SubJect: Justin curtis pictures
S nt from my iPhone
Attachments;
phot JP
hltp:!iisdmail) .inlranel/mailljhil I.nstJ(%24Inhox)/6EOCED92ED47986 185AC36AF64D8... 12/29/2012
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From: Roy Levin <[email protected]> To: "[email protected]" <jerald,hill@mymanatee,org>
Date: Thursday. January 03, 2013 02:07PM Subject: pic II 2
Sent Erom my jphon€
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hltp:/lisdmaill.intranet/mail/jhill.nsf/(%24Inbox)/IlC583508D96CD3A26B78662968FA45... 11312013
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From: "Scotten, Angeline" <[email protected]>
To: "jerald [email protected]" <[email protected]>
Date: Thursday, January 03,2013 04:50PM Subject: FW: no panthers captured in rV1antee County
Officer Hill,
Please see the response below from FWC's panther biologist regarding trapping efforts of panthers in Manatee County.
Please don't hesitate to contact me if you need further information. Thank you.
Angeline Scotten
Wildlife Assistance Biologist, Southwest Regional Office
Florida Fish and Wildlife Conservation Commission
3900 Drane Field Road
Lakeland, FL 33811
(863) 648-3818
0." Florida Fish and Wildlife .' ". Conservation Commission
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Please report wildlife law violations to Wildlife Alert 888-404-3922.
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From: Lotz, Mark Sent: Thursday, January 03, 2013 4:47 PI"l To: Scotten, Angeline Cc: Land, Darrell Subject: no panthers captured in Mantee County
The Florida Fish and Wildlife Conservation Commission has never captured a Florida panther in Manatee County for relocation or any other purpose.
Mark Lotz, Panther Biologist
Florida Fish & Wildlife Conservation Commission
Naples Field Office
298 Sabal Palm Rd.
Naples, FL 34114-2572
(239) 417-6352