AGENDA ITEM NO. 9

CITY OF HAWTHORNE

CITY COUNCIL AGENDA BILL

For the meeting of August 10, 2010 Originating Department: Animal Control Department

City Manager: James Mitsch Animal Control Ofc.: Helen Coronel

SUBJECT: Andyke Phillips & Maggie Phillips appel the administrative ruling of the animal control board to remove their pit bull. RECOMMENDED MOTION: Open Public Hearing & Close Public Hearing. Direct City Attorney to Prepare Resolution of the City Council Upholding or Reversing The Decision of the Animal Control Board. NOTICING PROCEDURES: A notice was not required to be posted or published. FISCAL IMPACT: None. ATTACHMENT:

1. Staff Report

Staff Report City of Hawthorne

To: Honorable Mayor & City Councilmembers

Through: Jim Mitsch, City Manager From: Helen Coronel, Animal Control Department

Date: August 10, 2010

Subject: Appeal of decision of animal control board (HMC §6.04.104)

Introduction Andyke Phillips and Maggie Phillips appeals the administrative ruling of the animal control board to remove their pit bull “Kai” from their home in Hawthorne and return the dog to where the Phillips had adopted her, Karma Rescue in Santa Monica. Summary Report

On February 27, 2010, Andyke Phillips adopted Kai, a 3 year old female pit bull from Karma Rescue in Santa Monica. (Exhibit 1: Karma Rescue Adoption Contract) Mr. Phillips informed animal control officer Helen Coronel that the dog was for his elderly mother Maggie Phillips who was deaf. (Exhibit 2: Helen Coronel’s Case Details, Page 3 of 5) April 14, 2010 Incident. On April 14, 2010, Andyke Phillips was walking Kai that was on a leash when Kai suddenly chased after a stray cat. Mr. Phillips lost the control of the leash and Kai ran off into a nearby fenced yard of the Fuentes family residence. Kai attacked Fuentes’ family dog, a cocker spaniel. Damaris Fuentes grabbed a pipe and hit the pit bull to get it to release his dog. During the struggle, Damaris injured his arm when he accidently hit his arm on the wall. (Exhibit 2: Helen Coronel’s Case Detail Page 4 of 5) Police and animal control responded to the Fuentes yard where Kai was captured. The Fuentes family dog died from her wounds. Kai was not licensed by the City of Hawthorne.

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Mr. Phillips was issued an administrative citation and Kai was confiscated by animal control officer Helen Coronel. Kai was given a rabies shot and Phillips were required to pay for a city dog license for dangerous dog. (Exhibit 3: Administrative Citation, Animal Relinquishment Receipt, Rabies Certificate, Pet License Application) The Animal Services Bureau then issued a letter to Andyke Phillips in which conditions were specified for Kai’s release. The conditions were as follows: 1. Dog is to be walked on a leash / harness and be wearing a muzzle. 2. Dog is to be walked by a responsible adult only. 3. Dog is to be kept current on license and rabies. Maggie Phillips signed on the letter of conditions. (Exhibit 4: City’s Letter dated April 15, 2010) On April 19, 2010, Helen Coronel informed Fuentes family of the department’s decision to release the dog back to the Phillips. A copy of the letter stating the conditions were shown to them and Ms. Coronel also explained the conditions of how Kai was to be walked. (Exhibit 2: Helen Coronel’s Case Details, Page 2 of 5) June 22, 2010 Administrative Hearing of the Animal Control Board. After a complaint by a member of the Fuentes family that Kai was observed being walked without a muzzle, a hearing was scheduled. The hearing notice dated June 11, 2010 to the Fuentes family stated that the hearing will determine whether the dog was a public nuisance and possible threat to public safety. (Exhibit 5: City’s June 11, 2010 letter to Israel Fuentes) The administrative hearing on case no. 10-6008 took place on June 22, 2010. After hearing from witnesses and receiving evidence, the hearing officer made the following findings: 1. The owner of the deceased dog broke his hand while fighting off the pit-bull. 2. The pit-bull was walked recently without a muzzle or harness. 3. The pit-bull’s owner admitted that the dog was aggressive against other animals. 4. Helen Coronel felt that the dog was a threat to public safety if walked without the leash, muzzle and harness. 5. The pit-bull is a threat to other animals, and quite possibly human beings. The hearing officer then made a ruling to have the Animal Service Bureau to remove the pit-bull from the Phillips house and return him to the rescue group in Santa Monica. (Exhibit 6: June 22, 2010 Letter to Lisa Miller)

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A June 24, 2010 letter by Debbie Culling of Licensing and Code Enforcement informed the Phillips of the decision of the animal control board and their rights to an appeal. Attachments: Exhibit 1: Karma Rescue Adoption Contract Exhibit 2: Helen Coronel’s Case Details Exhibit 3: Administrative Citation, Animal Relinquishment Receipt, Rabies Certificate, Pet License Application Exhibit 4: City’s Letter dated April 15, 2010 Exhibit 5: City’s June 11, 2010 letter to Israel Fuentes Exhibit 6: June 22, 2010 Letter to Lisa Miller

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EXHIBIT 4City's Letter dated April 15. 2010

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CITY OF HAWTHORNE

. ANIMAL SERVICES ..

April 15, 2010

Andyke Phillips13024 Florwood AveHawthorne, Ca 90250

Dear Andyke Phillips:

'CITY Of GOOO NEJGHllORS"

4455 West 12tith Street • Hawthorne. California 90250

(310) 349-3948

On April 14, 2010, YoW' dog was involved in an attack on another dog which caused thatdogs death. At time of the attack yoW'dog was not licensed with the City of Hawthorneand you were cited. You were also cited for the leash violation and at the time of theattack yoW' dog was not in yoW' control Any further complaints or attacks involving YOW'dog will result in a City Hearing to determine if YOW'dog is a threat to public safety andshould be removed from the City or possibly enthanized.

Under the Hawthorne Municipal Code any dog that has been involved in an attack onanother animal or person has an additional fee ofS 50.00 added to the dog license fee.YOW'dog was released under the following conditions:

I. Dog is to be walked on a leash I harness and be wearing a muzzle ..2. Dog is to be walked by a responsible adult only.3. Dog is to be kept curient on license and rabies.

Any questions or concerns, please contact me at 310-3492948

Sincerely,

Officer Helen CoronelAnimal Services Bureau

CITY OF HAWTHORNE

June 11,2010

Israel Fuentes13114 Florwood Ave.Hawthorne CA 90250

Dear Mr. Fuentes:

.CITY OF GOOD NEIGHBORS"

4455 Wesl126th Street • Ha~rthone. Caiifornia 90250

(310) 349-2952

A hearing has been scheduled to determine if the dog residing at 13024Florwood Ave., is a public nuisance and possible threat to public safety.

DATE:

TIME:

LOCATION:

Tuesday, June 22, 2010

10:00 am

City Hall - Animal Control Office4455 W. 126'h St. - I" floorHawthorne CA 90250

Your presence is requested at this meeting. Please call me at (31 0) 349-2937 toconfirm your attendance.

Sincerely

Debbie Culling ~Licensing andCode Enforcement

EXHIBIT 6June 22, 2010 Letter to Usa Miller

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CITY OF HAWTHORNE

LICENSING t CODE ENFORCEMENT

June 22, 2010

Lisa Miller4455 1261h

Hawthorne, CA 90250

'CITY Of GOOD NEIGHBORS'

4455 West 126th Street • Hav.thome. CaiWomia 90250

(310) 349-2935

Subject: Administrative Hearing regarding Dog Attack Case # 10-6008

Ms. Miller,

On April 14, 2010 a Pit-bull, which resides at 13024 Florwood Avenue,broke loose from its owner, chased a cat, forced its way into a locked. .backyard at 13114 Florwood Avenue, then killed a family dog.

After the attack, the Pit-bull's owner was cited for various violations. Thedog was released under the following conditions:

1. Dog to be walked on a leash/harness and wear a muzzle.2. Dog is to be walked by a responsible adult only.3. Kept current on license and rabies.

On June 22, 2010 an Administrative Hearing was conducted to determineth,~fate of the Pit-bull. During th hearing, Ilearned the owner ofthedeceased dog broke his hand whil ~fighting off the Pit-bull. Ialso learnedt1,e Pit-bull had been walked recently without a muzzle or harness. I lastold by the Pit-bull's owner he (tl : dog) is aggressive towards other2.l':mu!s. Iwas further told by AI. nal Control Officer Helen Coroneld\,~;is a threat to public safety if e is walked without the leash, mu;

harness.

After listening to and reviewing all evidence presented to me in this matter,I have determined the Pit-bull is a threat to other animals, and quite possiblyhuman beings.

I am instructing the Hawthorne Animal Control Office to remove the Pit-bull from his Florwood address and return him to where he came from, the"Rescue Group" in Santa Monica, California.

Ce~Charles LeonAdministrative Hearing Officer

CITY OF HAWTHORNE

.. XNSiNG &. CODE ENFORCEMENT

June 24, 2009

•Andyke Phil1ips13024 Florwood Ave.Hawthorne CA 90250

Dear Mr. Phillips:

'CITY OF GOOD NEIGHBORS'

4455 West 126th Street. Hawthmn", Caiifornia 90250

(310) 349-2952

Thank you for attending the hearing on June 22, 2010, to discuss the fate of your dog, Kai. Afterreviewing the facts and examining the evidence submitted, the hearing officer has determinedthat the dog is a threat to other animals, and quite possibly human beings. At his instruction, thedog will be picked up by animal controron June 29, 2010, and returned to the Karma Rescuegroup.

Per the Hawthorne Municipal Code section 6.04.104 you have the right to appeal this decisionwithin 21 days from the date of this letter. Enclosed you will find a copy of the code explainingthe procedure along with a copy of the hearing officer's letter.

If you have any qucstions, please do not hesitate to contact me at the (310) 349-2937.

Sincerely

'-" L•...,_ .•> r'r" '.( . "- .'-.,.:.""'"-" .... /'.J

Dehbie CullingLicensing andCode Enforcement