Minutes - October 15, 2019 | www.charlescountymd.gov

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Charles County, Maryland

Minutes - October 15, 2019

Minutes
Tuesday, October 15, 2019

    

 

ANIMAL MATTERS HEARING BOARD

FOR CHARLES COUNTY, MARYLAND MINUTES OF MEETING

Tuesday, October 15, 2019

A meeting of the Animal Matters Hearing Board for Charles County, Maryland, was convened by the Maria Padgett, Chairperson at 6:05 p.m. in the County Commissioners Meeting Room, Charles County Government Building, with the following Board members.

 

Maria Padgett, Chairman

Matthew Cook, Vice Chairman

Eva Lightfoot

Christi Montgomery

Katie Shelton

Sgt. Travis Yates (Arrived at 6:30)

Bill Van Blarcum

Shanee’ Major-Kelly, Associate County Attorney

Melody Weschler, Acting Clerk

Samantha Knott, Paralegal

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

 

Old Business

Minutes of October 1, 2019 – A motion was made to approve the minutes of October 1, 2019 by Matthew Cook, seconded by Christi Montgomery, all in favor.

 

New Business

Citation 6875 – Animal Control versus Christopher Feaster

Christopher Feaster was a failure to show. 

Officer Allison Budd was sworn by the Clerk.  Officer Budd testified that on June 28, 2019 she received a call regarding a crate of puppies outside without shade or water.  At the time she arrived on the scene the temperature was 86 degrees.  Officer Budd stated that the owner of the puppies arrived and took them inside the house.  Officer Budd offered into evidence County’s Exhibit 1, 10 pictures.  Officer Budd further testified that there was a sign stating Farm House Kennels.  She advised Mr. Feaster that a breeder’s license is required to sell the puppies. 

A motion was made by Mr. Cook finding Mr. Feaster in violation of 230-8, Animal Cruelty for a fine of $300 for each puppy for a total of $2,100 and 230-10.C, Commercial Animal Establishment License for a fine of $250.  Total fine $2,350, seconded by Ms. Montgomery, all in favor.  The Board ordered the matter be sent to the State’s Attorney’s Office for failure to appear.

 

Citation 6894 and 6895– Animal Control versus Susan Buckler

Susan Buckler was sworn by the Clerk.  Officer Budd testified that October 9, 2019 after Animal Control receiving several complaints from Mr. Jose Gonzalez, who did not appear, that Ms. Buckler was not abiding by the previous orders.   Officer Budd went out to Ms. Buckler’s house and found she was not in compliance with the previously issued orders.  The dogs were in the yard with a single fence, not a double enclosure and no signs were posted.  The dogs were not seized as they ran inside the doggie door.  Ms. Buckler arrived at the home and advised that she was in violation of the order. Officer Budd asked for the dogs to be brought out of the house and Ms. Buckler wouldn’t comply.  Officer Budd advised that since that date they have not received any more complaints. 

Ms. Buckler advised that she was not aware that the dogs could not be out in the yard and has taken care of the problem and has posted the property.  She also advised that she thought the fence, which is a metal fence along with an electric fence, was sufficient.  Ms. Buckler advised that she has taken every precaution to make sure the dogs are no longer a problem for the neighborhood.

Mr. Cook made a motion finding Ms. Buckler in violation of 230-6.B, Interference with an Animal Control Officer on both citations, with no fine and in violation of 230-12.5, Failure to comply with the Charles County Animal Regulation in the keeping of a Dangerous and/or Vicious or Potentially Dangerous Animal on both citations with no fine, seconded by Ms. Lightfoot, all in favor.

File 19-32 John Mattingly versus Ronald Heiligh & Karen Chamberland

Mr. Mattingly and Ms. Chamberland were sworn by the Clerk.  Mr. Mattingly testified that Ms. Chamberland’s dogs barked constantly.  He provided three audios of barking dogs.  Mr. Mattingly testified that the smell from the dogs is offensive and he is fearful of the dogs.  Mr. Mattingly provided into evidence as Complainant’s exhibit 1, a map of the area. 

Ms. Chamberland testified that they are building the fence around their property.  That they clean the kennels on a regular basis and does not feel that there is an odor.  She testified that they are trying to remedy the problem as stated at the last hearing.

Ms. Shelton made a motion finding Ms. Chamberland in violation of 12.4.A.6, bark or make other harsh or excessive noise with a fine of $50, and in violation of 12.5.1.3, any animal which has a vicious nature, disposition and/or propensity which is known by its owner or custodian with a fine of $50.  All fine will be held in abeyance for one year as long as there is no further violations, seconded by Mr. Cook, all in favor.

Fine 19-35 Ashley Waid versus Timothy Frost

Ms. Waid and Mr. Frost were sworn by the Clerk.  Ms. Waid testified that she just moved into the neighborhood a month and a half ago.  She stated that Mr. Frost’s dogs bark constantly at night.

Mr. Frost entered Owner’s exhibit 1, 10 pages with overview and maps, into evidence.  Mr. Frost testified that he brings his dogs in at 9 p.m. every night since April when he had a conversation with the neighbors regarding the dogs barking.  He stated that there are other dogs in the neighborhood barking and could be what the neighbors are hearing.  Ms. Tracy Bigley was sworn by the Clerk.   Ms. Bigley, Mr. Frost’s girlfriend, is regularly at the house and verifies what Mr. Frost testified to.

Ms. Shelton made a motion finding Mr. Frost not in violation, seconded by Sgt. Yates, all in favor.

File 19-36 Rodney Poinsett vs Timothy Frost

Mr. Poinsett was sworn by the Clerk.  Mr. Poinsett testified that since Mr. Frost moved in there has been excessive barking by the dogs which disturbs his sleep.

Mr. Frost reiterated the same testimony as with the previous case.

Ms. Shelton made a motion finding Mr. Frost not in violation, seconded by Sgt. Yates, all in favor.

File 19-37 Yvette Savoy vs Timothy Frost

Ms. Savoy was sworn by the Clerk.  Ms. Savoy testified that she is Mr. Frost’s next door neighbor.  She stated there was excessive barking by the dogs at all hours.

Mr. Front reiterated the same testimony as with the previous case.

Ms. Shelton made a motion finding Mr. Frost not in violation, seconded by Sgt. Yates, all in favor.

File 19-38 Gordan Banks versus Pablo Hernandez

Mr. Gordan Banks was a failure to appear and the case was dismissed.

There being no further business Mr. Cook made a motion to adjourn the hearing, seconded by Ms. Montgomery. All members voted in favor and the hearing was adjourned at 8:40 p.m.

Melody Weschler, Acting Clerk