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0775RESOLUTION NO. 775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND UPHOLDING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG OWNED BY DR. LAURENCE DAVID, TO THE OWNER'S PROPERTY LOCATED AT 5 RANCHERO ROAD THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. On February 13, 1996, the City Council held a --public hearing on an appeal filed by Dr. Lawrence David (the dog owner) of the City Manager's findings and determination made pursuant to Rolling Hills Municipal Code Section 6.24.020 that the owner's dog, a female Rottweiler named "Grettel," attacked and killed another animal and should be confined to the owner's property. Section 2. The chronology of basic facts that gave rise to the appeal are as follows: A. On Saturday, January 13, 1996, Dr. Duncan McBride and his wife Michelle McBride discovered two of their goats had apparently been killed in an attack. Mrs. McBride stated ' that she saw two Rottweiler dogs and one Golden Retriever dog standing over one of the dead goats. Mrs. McBride detained both Rottweiler dogs and summoned Dr. David. When Dr. David came to the McBrides, he identified his dog, Grettel, as being one of the two dogs detained. B. On January 17, 1996, Mrs. McBride filed an affidavit with the City of Rolling Hills stating that three dogs broke into a caged pen and together attacked and killed both goats. Her affidavit states that blood, open wounds and fresh saliva were found at the necks, belly and legs of the goats and that the three dogs were found by Mrs. McBride standing over one of the goats. Mrs. McBride took pictures of the two deceased goats. C. On January 18, 1996, Ms. Helen Bosaz, an officer with the SPCA, the City's animal control agency, prepared, at the City Manager's behest, an "incident report" relating Mrs. McBride's statements and findings as set forth in paragraphs A and B above. On that same date, Ms. Bosaz left a "Courtesy Notice" on Dr. David's front door summarizing the facts surrounding the incident. D. On January 23, 1996, Mrs. McBride notified the SPCA that Dr. David's dog was again on the McBride's property with another Rottweiler dog named Sluggo owned by Mr. and Mrs. Burt Arnold and a Golden Retriever dog. The SPCA returned Dr. David's dog to the David residence with the assistance of the Sheriff's Department. E. On January 24, 1996, the City Manager sent Dr. David a letter that contained the City Manager's determination that the statements in the Affidavit were true and that, pursuant to Rolling Hills Municipal Code, the dog must be restricted and restrained on Dr. David's property at all times. F. On Sunday, January 28, 1996, Mrs. McBride reported to the SPCA that Dr. David's dog was again on her property. Later that day, the SPCA officials found the dog unrestrained on Dr. David's property and impounded the dog. On January 29, 1996, the dog was released back to Dr. David's family after paying for the appropriate dog licensing and impound fees. G. On January 30, 1996, Dr. David wrote a letter to the City Manager indicating his objections to the mariner in which the issue has been addressed by the. SPCA and the City and asserted his position that his dog was not involved in the killing of the McBride's goats. In response, the City Manager accepted Dr. David's correspondence of January 30, 1996 as an appeal of the City Manager's determination and set the matter for hearing before the City Council Tuesday, February 13, 1996. Resolution No. 775 -1- Section 3. Notice of the February 13, 1996 hearing on the appeal was provided to Dr. David at 5 Ranchero Road, Rolling Hills by certified mail, first class mail, and by personal hand deliver by City staff to Dr. David's doorstep. Section 4. On Tuesday, February 13, 1996, the City Council held a duly noticed hearing on Dr. David's appeal to the City Manager's determination that Grettel must be confined to the property. Attending the hearing on behalf of Dr. David were Dr. David's attorney, Michael Ungar, and Dr. David's son, Jonathan David. Also in attendance were Dr. and Mrs. McBride, other neighbors, and Officer Bosaz, Sgt. Herrington and Lt. Buck of the SPCA. Section 5. Based upon the oral and written evidence in the record, including the statements made during the hearing on appeal, the City Council makes the following findings: A. Grettel was one of three dogs found on the McBride's property at the time the goats were first found to be dead on the morning of January 13, 1996. The discovery of the dead goats was preceded by Mrs. McBride hearing a "ruckus" involving animal noises and then Mrs. McBride running to the site of the incident to see Grettel and two other dogs standing immediately adjacent to, or on top of, one of the dead goats. B. The evidence supports the conclusion that the two Rottweiler dogs detained by Mrs. McBride on the morning of the incident were two of the three dogs she initially found on or near the dead goats. Dr. David indicated in his correspondence, that when he was called to retrieve his dog, he acknowledged that one of the dogs detained on the McBride property was in fact Grettel. C. The dead goats, as shown in photographs taken of their bodies, were found to have puncture wounds in their necks, bellies and legs and fresh saliva around each wounded area. These wounds indicate that the most likely cause of death was from an attack by another animal or animals rather than, as Dr. David asserted, an accident caused by the goats attempting to jump over a fence or some other self-inflicted injury. D. According to correspondence from Dr. David, no blood, fur or flesh was found on Grettel's body. However, there was a statement in Sgt. Herrington's report of January 23, 1996, that Dr. David did notice some blood on Grettel's collar. In addition, no evidence was presented showing that in an attack of this kind, evidence of blood on the fur or mouth of the attacking animal is normally present, particularly if the attacking animal has been separated from the other animal for several minutes, and during which time, the attacking animal has an opportunity to clean itself by licking its mouth and fur or shaking its coat. E. Statements were made by Dr. David's representative to the effect that the goats could have been killed by other dogs or wildlife earlier that morning. However, the evidence of a "ruckus" immediately before Mrs. McBride came to the site of the goats, indicates that Grettel and the other two dogs were the animals most likely to have been involved in the attack of the goats. F. Evidence was presented from Dr. David's representatives that Grettel has not displayed hostile or aggressive behavior around various family members, friends, workers or other people who come to the David residence and thus could not have taken part in the killing of the McBride's goats. Letters supporting this position were submitted by David G. Brewster, a doctor of veterinary medicine who has treated the dog since it was a puppy, Ms. Lucy Ramirez, Ms. Amy Graham, a housesitter at the David residence, Ms. Veronica Gonzalez who works at the David Residence two times a week, along with additional testimony from others made at the hearing. However, there is evidence in the record that this non-aggressive behavior, when Grettel is on the David property, does not uniformly extend to all persons coming onto that property (see the SPCA report of January 23, 1996) and does not extend to situations when Grettel is off Dr. David's property and is allowed to run in a pack with one or more other dogs. G. Substantial evidence was submitted that Grettel does exhibit aggressive behavior to people, vehicles, horses and other animals when Grettel is off the David property. A letter was submitted from Mr. Kenneth M. Thomas indicating that he had Resolution No. 775 -2- witnessed two Rottweiler dogs on several occasions in the last year, that these dogs evidence a "pack mentality" of hostility and aggressive behavior to horses and vehicles on Portuguese Bend Road. A letter from Paige Dyer indicated that two Rottweiler dogs were seen chasing after cars in the area. A letter from Julie Virjee indicated that she saw two Rottweiler dogs attempting to rip the roof off a "bunny hutch" in her yard. A letter from Gina Lanman indicated that she witnessed two Rottweiler dogs running after her car and gnashing at the tires on her vehicle. An affidavit was filed with the City by Ms. Marian Busia indicating that two Rottweiler dogs, one owned by Dr. Laurence David and the other owned by Mr. Burt Arnold, tried to jump and bite her. The City Council does not find that each of the events related in this paragraph were in fact committed by Grettel. However, the City Council finds that the identification by the McBrides as having found Grettel on their property on January 13, 1996 and again on January 23, 1996 in a pact with two other dogs, one of which was another Rottweiler named Sluggo, provides strong evidence that Grettel may have been part of the pact of two Rottweiler dogs that committed those other incidents and does display aggressive behavior when running in a pack. H. In addition, eyewitness testimony was presented by Dr. McBride that he saw Grettel attempting to claw and break into an animal pen on his property on January 23, 1996. Evidence of this incident on the McBride property shortly after the date of the incident when the goats were found dead, provides additional strength to the finding that Grettel has attacked or attempted to attack other animals, that Grettel has the propensity to be aggressive towards animals when part of a pack, and that Grettel has the propensity to have been part of a pack of dogs that attacked the McBride's goats on January 13, 1996. Section 6. Based upon the oral and written evidence in the record of this matter and the findings contained in Section 5 of this Resolution, the City Council determines that there is substantial evidence in the record to find that the dog owned by Dr. Laurence David, and known by the name of Grettel, did attack and kill one or more goats on the McBride property on January 13, 1996. Based on this finding, the City Council upholds the decision of the City Manager issued on January 24, 1996 and, pursuant to Rolling Hills Municipal Code Section 6.24.020, determines and orders that the subject dog be kept retained and restrained on the owner's property except when on a leash held by a person capable of controlling the dog. Section 7. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy to all interested parties. PASSED, APPROVED and ADOPTED, this 26th day of February, 1996. Godfrey Pernell,=D.D. Mayor ATTEST: mN , S - 1 -� .ZAP Marilyn L. ern Deputy City Clerk Resolution No. 775 -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 775 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND UPHOLDING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG OWNED BY DR. LAURENCE DAVID, TO THE OWNER'S PROPERTY LOCATED AT 5 RANCHERO ROAD was approved and adopted at a regular meeting of the City Council on February 26, 1996, by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Murdock. ABSTAIN: None. ►� �.1") J-"A� Marilyn L. I ern Deputy City Clerk Resolution No. 775 -4- 1 1