Animal Matters Hearing Board | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

Animal Matters Hearing Board

Minutes
Tuesday, November 20, 2018

ANIMAL MATTERS HEARING BOARD

FOR CHARLES COUNTY, MARYLAND MINUTES OF MEETING

Tuesday, November 20, 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

Matthew Cook Vice Chair

William Van Blarcum

Dawn Harrison

Christi Montgomery

Sgt. Travis Yates, CCSO

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 October 2, 2018 were approved and adopted.

                       

            File No. 18-28 – The case of Carmen Gathers against Michelle Foreman was called. Both parties were present at the hearing. Testimony was heard from Ms. Gathers and Ms. Foreman.  Ms. Gathers testified that Ms. Foreman’s dogs bark constantly all day and evening. She told the Board she had spoken to Ms. Foreman and they had texted back and forth many times regarding this issue, but it is still an on-going problem. Ms. Foreman advised the Board her dogs do not bark all hours of the day and evening.  She told the Board there are lots of dogs in the neighborhood that bark all night.                                  

A motion was made to find Ms. Foreman in violation of 12.4.A.6 with a fine of $150.00 due by December 18, 2018 and that she abate the nuisance of her dogs barking between the hours of 12:00 am and 5:00 am. The vote to support the motion passed.

 

 

 

 

 

 

 

Citation No. 6788 and 6789 – issued to Dante Montgomery for the alleged violation of Section 230.10.A, Section 230.12, Section 230.9.A and Section 230.12.5 of the Charles County Animal Regulations. Mr. Montgomery was not present at the hearing. Testimony was heard from Officer Jeff Gustafson, Angelique Bailey, Frank Dove and Judy Dove (witnesses for County). Officer Gustafson advised the Board that the two dogs “Ghost” and “Layla” attacked and killed Mr. and Mrs. Dove’s Lhasa Apso and also attacked Ms. Bailey’s dog on the same day. The dogs were impounded by Officer Gustafson and are currently at Tri-County Animal Shelter. Entered into evidence was a receipt for boarding and reclaim fees in the amount of $1,440.00 marked County Ex. 1, a report from Prince George’s County Animal Control marked County Ex. 2 and 20 photos marked County Ex. 3. Ms. Bailey testified that the male dog came into her house and attacked her dog. Mr. Dove testified that the dogs came onto his property when he was outside with his dog. The two pit bulls came into his yard and attacked his dog who later died from his injuries. Mr. and Mrs. Dove were able to identify the two dogs as belonging to Mr. Montgomery.

A motion was made to find Mr. Montgomery in violation of Section 230.10.A, Section 230.12, Section 230.9.A and Section 230.12.5; and that both dogs be humanely euthanized; and Mr. Montgomery be fined $1,250 for each citation totaling $2,500 and referred to the State’s Attorney’s Office for failure to appear. The vote to support the motion passed.

 

Citation No. 6820 and 6821 issued to Darrell Battle for the alleged violation of Section 230.11 and Section 230.12 for his horses “Diego” and “Chase”. Mr. Battle was not present at the hearing. Officer Thomas testified that the horses have repeatedly been at large.

A motion was made to find Mr. Battle in violation of Section 230.11 and Section 230.12 with a judgment in the amount of $170.00 and referred to the State’s Attorney’s Office for failure to appear. The vote to support the motion passed.

 

Citation No. 6790 - issued to Guy Latimer for the alleged violation of Section 230.12 for his cow. Mr. Latimer was not present at the hearing. Testimony was heard from Officer Alison Budd and entered into evidence was one photo marked County Ex. 1.

A motion was made to find Mr. Latimer in violation of Section 230.12 with a fine of $400.00 due by December 18, 2018. The vote to support the motion passed.

 

Citation No. 6822 – issued to Kevin Tomasky for the alleged violation of Section 230.12 for various animals. Mr. Tomasky was not present at the hearing. Officer Alison Budd testified and submitted into evidence a list of calls to the Sheriff’s Office about animals being loose, marked County Ex. 1.

A motion was made to find Mr. Tomasky in violation of Section 230.12 with a fine of $400.00 due by December 18, 2018. The vote to support the motion passed.

 

Citation 6818 – issued to Milton Parker for the alleged violation of Section 230.12.5 of the Charles County Animal Regulations for failing to comply with the Board’s previous order. Mr. Parker was present at the hearing. Testimony was heard from Officer Alison Budd and Mr. Parker. Entered into evidence was one photo marked County Ex. 1. Officer Budd advised the Board Mr. Parker relinquished ownership of the dog to the County and “Tiger” was humanely euthanized on November 14, 2018.

A motion was made to find Mr. Parker in violation of Section 230.12.5 with a fine of $1,000 due by January 15, 2018.

 

Citation No. 6823 – issued to Alexander Slawinski for the alleged violation of Section 230.12, Section 230.9.A and Section 230.12 for his dog “Kloe”. Mr. Slawinski was present at the hearing. Testimony was heard from Officer Jeffrey Thomas, Michelle Holmes (witness for County) and Mr. Slawinski.  Entered into evidence were nine photos marked County Ex. 1, a vet bill and a hospital bill marked County Ex. 2. Also entered into evidence was a current rabies certificate and a current animal license marked Owner Ex. 1. Mr. Slawinski advised the Board his dog is spayed. Ms. Holmes testified that she was walking her dog on a leash when Ms. Slawinski’s dog attacked her and her dog. She told the Board she took care of the injuries to herself and her dog. Officer Thomas testified that he was called out to the property hours after the attack took place, so he did not witness the incident. Mr. Slawinski testified that he was not aware that his dog was loose even though he was home all day. He said his dog was a sweet dog and not vicious.

A motion was made to find Mr. Slawinski in violation of Section 230.12 with a fine of $50.00 and in violation of Section 230.12.5.C with no fine. The Board gave Mr. Slawinski until November 26, 2018 to satisfy the $50.00 fine. The vote to support the motion passed.

 

Citation No. 6819 – issued to David Gmaz for the alleged violation of Section 230.10.A and Section 230.12 for his cat “Moe”. Mr. Gmaz was present at the hearing. Testimony was heard from Officer Alison Budd and Mr. Gmaz. Officer Budd testified that Animal Control received 34 complaints in 2017 and 7 complaints for 2018 regarding cats being at large. Mr. Gmaz has reclaimed many cats from Tri-County Animal Shelter even if they do not belong to him. Officer Budd gave Mr. Gmaz an application for a fancier license which he has not turned in. He did provide 19 pages of rabies certificates entered as Owner Ex. 1.

A motion was made to find Mr. Gmaz in violation of Section 230.10.A and Section 230.12 for his cat “Moe” with a fine of $100.00 due by December 18, 2018 and submit and provide proof of an Animal Fancier license within 30 days to Animal Control Services. The vote to support the motion passed.

 

Citation No. 6758 - issued to David Gmaz for the alleged violation of Section 230.10.B of the Charles County Animal Regulations for two cats. Mr. Gmaz was present at the hearing. Testimony was heard from Officer Alison Budd and Mr. Gmaz.

A motion was made to find Mr. Gmaz in violation of Section 230.10.B with a fine of $150.00 and submit a Fancier License application within 30 days. The vote to support the motion passed.

 

Citation No. 6759 – issued to David Gmaz for the alleged violation of Section 230.10.A, Section 230.12 and Section 230.9.A of the Charles County Animal Regulations for his adult cat (no name). Mr. Gmaz was present at the hearing. Testimony was heard from Officer Alison Budd and Mr, Gmaz.

A motion was made to find Mr. Gmaz in violation of Section 230.10.A with no fine and Section 230.12 with a fine of $50.00 due by December 18, 2018 and that he provide proof of a Fancier License within 30 days. The vote to support the motion passed.

 

 

 

                                   

There being no further business, the Chairman adjourned the hearing at 9:00 p.m.