May 21, 2019 Minutes | www.charlescountymd.gov

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Charles County, Maryland

May 21, 2019 Minutes

Minutes
Tuesday, May 21, 2019

May 21, 2019 Minutes

ANIMAL MATTERS HEARING BOARD

FOR CHARLES COUNTY, MARYLAND MINUTES OF MEETING

Tuesday, May 21, 2019

The regularly scheduled meeting of the Animal Control Board for Charles County, Maryland, was convened by the Chairman at 6:09 p.m. in the County Commissioners Meeting Room, Charles County Government Building, with the following Board members.

 

Maria Padgett, Chair

Matthew Cook, Vice Chair-excused

Christi Montgomery

Sgt. Travis Yates-excused

Eva Lightfoot

Katie Shelton

Bill Van Blarcum

Shanee’ Major-Kelly, Associate County Attorney

Maria Team, Clerk-excused

Jesse Bungcayao, Assistant Clerk

Samantha Knott, Paralegal

 

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 May 7, 2019 were approved and adopted.

Citation 6868 & 6869-issued to David Gmaz for the alleged violation of Section(s) 230.10.A, 230.12, 230.9.A and 230.12.4.A(9) of the Charles County Animal Regulations for his more than 20 cats. Testimony was heard from Animal Control Officer Budd and Mr. Gmaz. Officer Budd testified that Mr. Gmaz was brought before the Animal Matters Hearing Board on November 20, 2018 and ordered to obtain a Fancier’s License within 30 days which had not been done. Mr. Gmaz testified that the delay in getting the Fancier’s License was due to the cost, but he is willing and able to apply for the license now.                

Ms. Christi Montgomery made a motion to find Mr. Gmaz in violation of Section 230.12 for citation 6869, in violation of 230.10.B and 230.12.4 for citation 6868 with a total fine of $175.00 due by June 4, 2019 and ordered to obtain a Fancier’s License within the next 15 days. The motion was seconded by Ms. Eva Lightfoot. All members voted in favor and the motion passed.

 

Citation 6870, 6871 & 6872-issued to Diana Proctor for the alleged violation of Section(s) 230.10.A and 230.9.A of the Charles County Animal Regulations for her three Pitbull/Mix dogs: Princess, Rebel, and Simba. Testimony was heard from Animal Control Officer Budd and Ms. Proctor. Officer Budd testified that Ms. Proctor submitted proof of rabies for her dogs but has not acquired County Licenses. Ms. Proctor testified that she was not aware of the County License requirement.

Ms. Christi Montgomery made a motion to find Ms. Proctor in violation of Sections 230.10.A and 230.9.A for citation 6870, 6871 and 6872 with a total fine of $225.00 due by June 18, 2019 and also ordered to obtain Charles County Animal Licenses within the next seven days. The motion was seconded by Mr. Bill Van Blarcum; All members voted in favor of the motion and it was passed.

 

Citation 6873-issued to Raymond Minor for the alleged violation of Section(s) 230.10.A, 230.12, 230.9.A and 230.12.5 of the Charles County Animal Regulations for his Rottie type dog Clyde. Testimony was heard from Animal Control Officer Allison Budd, Ms. Pam Edelen (witness for Animal Control) and Mr. Raymond Minor. Ms. Edelen testified that as she and her mother walked towards their car in the driveway a rottweiler lunged and barked aggressively at them. Animal Control was called after they got inside their car. Officer Budd also testified that there is an 8 ft. privacy fence, but the gate to it was open. Entered into evidence as County Exhibit 1 were 3 photos.

Mr. Minor testified that he did not have a lock on the gate, and therefore was easily opened by the dog but since the incident, he has put a lock on all three gates. Mr. Minor corrected the noted date for Rabies Vaccination as being received December 13, 2018 good through December 13, 2019. 

Ms. Christi Montgomery made an amended motion to find Mr. Minor in violation of Section 230.10.A, 230.12 and 230.12.5 (Potentially Dangerous) with additional restrictions under 230.12.5.E(1)-E(2)-E(3)-E(5)(a)-E(5)(b)-E(5)(c)-E(6)-E(7)-E(8) with a total fine of $200.00 due by June 18, 2019. The motion was seconded by Mr. Bill Van Blarcum. All members voted in favor of the motion and it was passed.

 

Citation 6874-issued to Anthony Jackson for the alleged violation of Section(s) 230.12, 230.12.5 (Dangerous and Vicious) and 230.12.5 (Failure to Comply in keeping Dangerous and/or vicious or Potentially Dangerous animal) of the Charles County Animal Regulations. Ms. Jasmine Adams claimed ownership of the dog, Diesel. Testimony was heard from Animal Control Officer Allison Budd, Mr. Dale White (witness for Animal Control), Mr. Anthony Jackson and Ms. Jasmine Adams. Mr. White testified as to the incident that led to the dog (Diesel) biting his forearm as Ms. Adams, her mother and Mr. White were outside with their puppies.

Officer Budd testified that a citation was issued for Diesel previously and he was deemed Dangerous and Vicious on August 7, 2019 by the Animal Matters Hearing Board. She also entered into evidence a Tri-County Reclaim Invoice entered as Exhibit 1.

Ms. Adams testified to the events and how her dog Diesel got out from an improperly latched screen door and she and her mother tried to shield Mr. White from Diesel.

Ms. Christi Montgomery made a motion to find Ms. Adams in violation of Sections 230.12, 230.12.5 Dangerous and Vicious and 230.12.5 Failure to Comply with Animal Regulations in Keeping of a Dangerous and Vicious Animal and Ordered that the dog Diesel be humanely euthanized under Section 230.12.5.F. Ms. Katie Shelton second the motion. All members voted in favor of the motion and it was passed.

 

Citation 6828-issued to Erica Durham for the alleged violation of Section(s) 230.10.A, 230.12, and 230.9.A of the Charles County Animal Regulations for her Pit Bull, Chieffy. Testimony was heard from Animal Control Officer Jeff Thomas and Ms. Erica Durham. Officer Thomas testified that he was called out to a residence for a dog being at large and had gotten into someone’s garage. Ms. Durham testified to the events that led to her dog being at large when her elderly grandmother entered the front door. Ms. Durham provided proof of Rabies Vaccination received on June 4, 2017 good through June 4, 2020.

Ms. Christi Montgomery made a motion to find Ms. Durham in violation of Section(s) 230.10.A and 230.12 with a total fine of $75.00 due on June 4, 2019. Mr. Bill Van Blarcum seconded the motion and with all members voting in favor, the motion passed.

 

Citation 6827-issued to Heather DeShong for the alleged violation of Section(s) 230.8.A and 230.9.A for leaving her dog Ace (Pitt Bull type) in a vehicle. Testimony was heard from Animal Control Officer Jeff Thomas and Ms. Heather DeShong.

Officer Thomas testified that he responded to a call for a dog being left in a parked vehicle. He submitted 4 photos marked County Exhibit 1 which included surface temperature readings. Ms. DeShong testified that her dog was not in the car as long as alleged by the caller and did not understand how quickly the inside temperatures can get. She also testified that since this event took place, she has not and will not leave her dog in the car again. Ms. DeShong provided proof of Rabies Vaccination received on November 20, 2018 good through November 20, 2021.

Ms. Christi Montgomery made a motion to find Ms. DeShong in violation of Section 230.8.A with a $400.00 fine due by June 18, 2019. Ms. Eva Lightfoot seconded the motion. All members voted in favor of the motion and it was passed.

 

File No. 19-10 – The case of David and Marina Spenner against Freddrick Saunders was called. Neither party was present therefore the complaint was dismissed.

 

File No. 19-14 – The case of Gordon Banks against Pablo Hernandez was called. Testimony was heard from Mr. Banks and Mr. Hernandez. Mr. Banks alleged that Mr. Hernandez was in violation of Sections 230.12.4.A.3, 230.12.4.A.4, and 230.12.4.A.6 of the Charles County Animal Regulations for his Cane Corso. Mr. Banks testified that Mr. Hernandez’s dog was left outside and barks for extended periods of time without provocation and lunges aggressively at passerby pedestrians. He also testified that since filing the complaint, the situation has gotten significantly better. Mr. Hernandez testified that his Cane Corso (Troy) guards his property and there are other dogs who may also be responsible for the barking.  

Ms. Christi Montgomery made a motion to find Mr. Hernandez in violation of Sections 230.12.4.A.3, 230.12.A.4, and 230.12.A.6 with a fine of $300.00 due by June 18, 2019.

The motion was seconded by Mr. Bill Van Blarcum. Three members voted in favor and one member opposed. The motion passed. 

 

File No. 19-13 – The case of Phillip & Callena Hankey against Larry & Tia Blake was called. All parties were present.  Testimony was heard from Mr. & Mrs. Hankey, Mr. & Mrs. Blake and Animal Control Officer Jeff Thomas.

The Hankeys alleged that Blakes are in violation of Section 12.4.A.6 for their dogs. Mrs. Hankey testified that Mr. Blake’s dogs bark at all hours of the night and are plainly heard from the Hankey’s bedrooms during multiple times throughout the day and night.

Officer Thomas testified that the Blake’s kennels are in excellent condition and they have remedied the slamming door on the kennel which may have been contributing to the noise issue.

Mr. Blake testified that they have 5 acres of property and entered into evidence 7 photos marked Owner Exhibit 1. Mr. Blake testified that his dogs do bark but not at all hours or excessively. 

Ms. Katie Shelton made a motion to not find the Blakes in violation. Ms. Christi Montgomery seconded the motion. All members voted in favor of the motion and the motion passed.

 

File No. 19-07 – The case of Heather Nault against Elijah Spoon was called. Mr. Spoon was not present. Testimony was heard from Ms. Nault who alleged that Mr. Spoon was in violation of Sections 12.4.A.1, 12.4.A.2, 12.4.3, and 12.4.A.8 for his goats. Ms. Nault testified that the goats are often in her yard and eat her flowers, bang on her door, have damaged her vehicle and are a nuisance.    

Ms. Katie Shelton made a motion to find Mr. Spoon in violation of 12.4.A.1, 12.4.A.2, 12.4.A 3 and 12.4.A.8 with a fine of $400.00 due by June 4, 2019. The motion was seconded by Ms. Christi Montgomery. All members voted in favor of the motion and the motion passed.

 

Other Business

The attorney to the board Ms. Shanee Major-Kelly informed the board that the appeal by Courtney Curtis was dismissed.

 

Assistant Clerk, Ms. Jesse Bungcayao, presented to the board an email request from Mr. Christopher Windham asking for the Board to hear his testimony regarding a past case heard on May 7, 2019 regarding Citation 6880. Mr. Windham stated he misunderstood when the date of the hearing was held and is requesting that the case be reheard to include his testimony. Animal Control Officer Jeff Thomas also requested that he and his witness (the victim) be able to be heard as well should the board approve Mr. Windham’s request.

The board agreed to rehear the case to give Mr. Windham the opportunity to be heard on June 4, 2019.

 

A motion to adjourn was made by Mr. Van Blarcum and seconded by Ms. Christi Montgomery. All members voted in favor.

 

There being no further business, the Chairman adjourned the hearing at 8:59 p.m.