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Charles County, Maryland

Animal Matters Hearing Board

Minutes
Tuesday, May 15, 2018

ANIMAL MATTERS HEARING BOARD

FOR CHARLES COUNTY, MARYLAND MINUTES OF MEETING

Tuesday, May 15, 2018

The regularly scheduled meeting of the Animal Control Board for Charles County, Maryland, was convened by the Chairman at 6:00 p.m. in the County Commissioners Meeting Room, Charles County Government Building, with the following Board members in attendance.

 

Maria Padgett, Chair

Sean Brown

Dawn Harrison

Leigha Messick

Anthony Hutcherson

Christi Montgomery

Shanee’ Major-Kelly, Associate County Attorney

Maria Team, Clerk

 Jesse Bungcayao, Assistant Clerk

 

A quorum was declared based upon the presence of a majority of the appointed Board Members;

 

APPROVAL OF MINUTES

The minutes of the Animal Matters Hearing Board for April 17, 2018 were approved and adopted.

            Citation No. 6733 – issued to Marcia Fauntroy for the alleged violation of Section 230.10.A, Section 230.9.A and Section 230.12.5 of the Charles County Animal Regulations. Ms. Fauntroy was present at the hearing. Testimony was heard from Officer Kevin Earle, Officer Jeffrey Thomas, Marcia Fauntroy, and William Wilson and Paulenthia Ingram (witnesses for Ms. Fauntroy). Ms. Fauntroy waived her 14 day notice. Entered into evidence were two photos marked County Ex. 1, a call sheet from Charles County Sheriff’s Office marked County Ex. 2 and an invoice from Tri-County Animal Shelter for reclaim and boarding fees in the amount of $440.00 marked County Ex. 3. Officer Earle testified that the dog known as “Ace” showed aggressive behavior by  growling and lunging at him.

               A motion was made to find Ms. Fauntroy in violation of Section 230.10.A and Section 230.9.A with no fines and in violation of Section 230.12.5 (potentially dangerous) with a fine of $150.00 due by July 3, 2018 and that she comply with the requirements stated in Section 230.5.E.1, 2, 3, 4, 5 (a) (b) and (c) of the Charles County Animal Regulations. Ms. Fauntroy was also given the opportunity to reclaim “Ace” the following day on the condition she pay the $440.00 reclaim and boarding fees. The vote to support the motion passed.

 

 

 

            Citation No. 6770 - issued to Vohla Kirko for the alleged violation of Section 230.12 of the Charles County Animal Regulations for nineteen sheep and goats. Ms. Kirko was present at the hearing, however William Sorour took ownership of the animals. Testimony was heard from Officer Alison Budd and Mr. Sorour. Entered into evidence were previous call sheets marked County Ex. 1 and five photos marked County Ex. 2. Mr. Sorour advised the Board he gave the 17 sheep and two goats to someone in Virginia and had no more animals.

A motion was made to find Ms. Kirko in violation of Section 230.12 with a fine of $500.00 due by June 5, 2018. The vote to support the motion passed.

 

            Citation Nos. 6679  and 6680 – issued to Lisa Smith for the alleged violation of Section 230.12.5.C  of the Charles County Animal Regulations for both citations. Ms. Smith was present at the hearing. Testimony was heard from Officer Jeffrey Thomas, Lisa Smith and Jonathan Krueger and Cynthia Krueger (witnesses for County). Entered into evidence were 11 photos marked County Ex. 1 and three photos and a drawing of a yard, marked Owner Ex. A.

            A motion was made to find Ms. Smith in violation of Section 230.12.5.C of the Charles County Animal Regulations for both dogs and that she comply with Section 230.12.5.E. 1, 2, 3, 4, 5 (a), (b), (c), 6 and 7 and pay a fine of $200.00 by June 15, 2018. The vote to support the motion passed.

 

            Citation Nos. 6678 issued to Terri Newby for the alleged violation of Section 230.12.6.C of the Charles County Animal Regulations for her dog “Sonic”. Ms. Newby was present at the hearing. Testimony was heard from Officer Jeffrey Thomas and Ms. Newby. Entered into evidence was a receipt for reclaim and boarding fees from Tri County Animal Shelter in the amount of $945.00. Ms. Newby advised the Board she is giving “Sonic” to a friend in West Virginia.

            A motion was made to find Ms. Newby in violation of Section 230.12.6.C with a fine of $600.00 to be held in abeyance as long as the dog is taken to West Virginia as stated by Ms. Newby and is not found in violation in Charles County again. The motion to support the motion passed.

 

            Citation No. 6580 – issued to Terri Newby for the alleged violation of Section 230.12.11 (failure to pay fines and comply with the Board’s previous order for her dogs “Venom”, “Gidget” and “Stryker”). The Board found Ms. Newby in violation of Section 230.12.11 and referred her to the State’s Attorney’s Office. The vote to support the motion passed.

 

            File No. 18-06 -   The case of Frank Polievka against Mr. and Mrs. Abendroth was called and all parties were present. Testimony was taken from Frank Polievka, Jr. and William and Gina Abendroth. Entered into evidence were three pages of photos marked Complainant Ex. 1. Mr. Polievka testified that he has not seen the dog on his property since April 24, 2018. A current rabies certificate and animal license was submitted by Mr. and Mrs. Abendroth.  

            A motion was made to find Mr. and Mrs. Abendroth in violation of Section 230.12.4.1 and Section 230.12.4.8 of the Charles County Animal Regulations with a fine of $500.00 held in abeyance for one year, if no violation is brought to the Board within that year, and that they obey the nuisance immediately.  The vote to support the motion passed.

 

            File No. 18-10 - The case of Douglas and Susan Oliver against Leon and

Danielle Pearson, Jr. was called. The Complainants, Douglas and Susan Oliver were present. The owners were not present at the hearing. Testimony was heard from Mr. and Mrs. Oliver.  

            A motion was made to find Leon and Danielle Pearson, Jr. in violation of Section 12.4.A.1, Section 12.4.A.3 and Section 12.5.A.2 of the Charles County Animal Regulations with a judgment of $800.00 and forwarded to the State’s Attorney’s Office for failure to appear. The Board further ordered that they comply with the requirements stated in Section 230.12.5.E. 1, 2, 3, 4, 5 (a) (b) and (c), 6, 7 and 8 of the Charles County Animal Regulations, effective immediately.  The vote to support the motion passed.

 

            File No. 18-14 – The case of Carrie Bier against Mr. and Mrs. Simpson was called and all parties were present. Testimony was heard from Carrie Bier and Mr. and Mrs. Simpson. Entered into evidence were 10 photos marked Complainant Ex. 1.

            A motion was made to find Mr. and Mrs. Simpson in violation of Section 12.3.A.1 for their dog “Dakota” being at large with a fine of $50.00 which they satisfied at the end of the hearing. The Board ordered that they abate the nuisance of their dog being at large, effective immediately. The vote to support the motion passed.

 

            File No. 18-13 – The case of Jeff and Renee Butler against Tina Myers was called and all parties were present at the hearing. Testimony was heard from Mr. and Mrs. Butler, Tina Myers and Officer Kevin Earle. Entered into evidence was one photo marked Owner Ex. 1, a three page vet report marked Owner Ex. 2, a copy of a text message marked Owner Ex. 3, one picture of a dog supplement marked Owner Ex. 4, a current rabies certificate and a current animal license marked Owner Ex. 5 and three photos marked Owner Ex. 6. Mr. Butler testified that Ms. Myers’ dog “Angel” has growled at him on several occasions and that she urinates on his lawn and barks from 7 p.m. to 10.00 p.m. every evening. A video of Ms. Myers dog urinating on Mr. and Mrs. Butler’s front lawn was shown from an April 4, 2018 incident.

            A motion was made to find Ms. Myers in violation of Section 12.4.A.1, Section 12.4.A.2, and Section 12.4.A.8 of the Charles County Animal Regulations with a fine of $200.00, and that she abate the nuisance of her dog being at large, effective immediately and comply with the requirements in Section 230.4.A 1, 2 3, 4 5, 6 7, 8 and 9 of the Charles County Animal Regulations. The vote to support the motion passed.

 

           

 

 

 

 

                                                                        Approved: __________________________

                                                                                          Maria Padgett, Chairman

 

           

 

 

 

There being no further business, the Chairman adjourned the hearing at 10:15 p.m.