Loading...
CEB_11-17-81_MinIV Xisfor k CH of �AAkI��17II0� 175 Xest 33arren �e- ?:angfvoob, Alartiba 32750 ZEI_ 83 1-0555 pro SINCE 1883 0 . November 17, 1981 The Codes Enforcement Board of the City of Longwood, Florida net at 7:30 p.m. Present: Virgil Pavone Bob Thomas William Mitchell Rick Owens, Assistant City Attorney Donald Terry, Board Secretary Absent: Richard Wallsh Mr . B. H. Farrell 1. Mr. Pavone called the meeting to order. Mr. Pavone led the Board and the audience in Pledging Allegiance to the United States Flag. 2. Roll Call by Mr. Pavone - Mr. Farrell and Mr. Wallsh had notified the Secretary that they would be absent. Mr. Owen stated that the board could continue since it had a quorum of three hers. 3. Minutes of Previous Meeting -- 10- 27 -81. Motion by Mr. Mitchell, seconded by Mr. Thomas that reading of minutes be dispensed wi th . Motion carried by a voice vote. Motion by Mr. Thomas, seconded by Mr. Mitchell that minutes of 10 -27 -81 be accepted as submitted. Motion carried by voice vote. 4. Public Hearings - Case No, 3 - The Board Secretary reported that the Police Departmpnt had submitte a report stating that the vehicle of Mr. Felton Carter now has a currect tag and is in working condition and recommended that no further action be taken. Mr. Pavan directed that case be dismissed. Case No. 5 - William H. and Patricia S. Murphy, 8 North Lo Circle � d, Florida - Cited for Violation of ordinance No. 206 - Section 27 - Loud and unnecessary noise - animals and birds. Page 8. "The keeping of any 0 1 or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vic ini ty . ' _ Mr. and Mrs. Murphy were present for the hearing. Officer B. Douglas Campbell of the Longwood Police Department presented the case to the board. Officer Abell stated that on October 8 , 1981 he responded to a complaint - about a barking dog at 881 Lormann Circle North, Longwood, Florida.. He stated that he proceeded to the scene, made as little noise as possible with the vehicle and did not have his radio in operation and he was able to hear the dogs barking and disturbing the neighborhood. officer Campbell stated that he requested Mr. Murphy to quiet his dogs and that Mr. Murphy refused, stated that was why he got the dogs to protect his property. Mr. Pavone asked what time this was and Officer Abell said about midnight. officer Campbell said he originally cited Nx Murphy under Ord. No. 185 but during the prelimi 12rYhearing on Oct 27, 1981, the violation was changed to violation of Ord. No. 206 since the Board did not have jurisdiction over 185. 4'.4 Officer Campbell submitted into evidence an Affidavit of Violation Wi tted by him on October 9, 1981; an incident report - narrative form for Case No. 81- 281 - 0051 -63 which was prepared on October 8, 1981 by Officer Campbell, an incident report- narrative form signed by Jane Gage as a witness to the violation on 10-8-81 as the coraplaintant , an incident report - narrative form signed by Jim Starr as a witness to the violation on 10 -8 -81; a Notice of Hearing Form requesting Mfr. and Mrs. Murphy to appear at public hearing scheduled for Nov. 17, 1981 at 7:30 p.m. and an Affidavit of Service form completed on Noverrber 6, 1981 by Sgt. Frank Taylor, Officer Campbell called Mr. Jim Starr of 836 Logan Drive as a witnes s . Mr. Starr read his statement already admitted into evidence. Mr. Starr stated that he was disturbed by the dog on 10 -8 -81. Mr. Starr said the problem had been severe in the neighborhood but that the dogs had not been barking at night during the last 3 -5 weeks. Officer Campbell called Mrs. Thelma Starr of 836 Logan Drive who said that she saw the dogs bark, she said she had called the Police Department 4 times but had not received any satisfactory results. Officer Campbell called Mrs. June Gage of 850 Logan Drive who reported that she had made the complaint on 10 -8 -81 about the barking dogs, she said she couldn't sleep because of the noise and that she had called the Police many times . Mrs. Gage read the statement signed by her on 10 -8 -81. Mfrs. Gage said she had spoken with Mr. Murphy about the problem but he informed her that he had been sued about the dogs before and had not lost one. Mfr. Pavone asked off icer Campbell if he could identify the sins (No. 25 4 ) as the one he gave Mr. Murphy and officer Campbell said yes, Officer Campbell called Mr. William H. Murphy of 881 N. Lori Circle. Mr. Murphy said he did refuse to bring a 75 lb, Doberman and a 60 pound Shepard in his hause . Mr. Murphy said he got the dogs because his neighbors had been burglarized and he had to protect his tools since they were necessary for this work. Mr. Murphy said the dogs did bark all the times when disturbed. Mr, John. George of 849 Logan Drive stated he like dogs but they needn't bark all the t and he still considers the dogs a nuisance. Mfr. George said he could reco the sound of the dogs bark and knew they were Mr. Murphy's dogs. Mr, Harold martin spoke, said the dogs still bark day and night and they are still a bother to the neighborhood. Mr. Rick Owen asked Mr. Martin when the last t ime the dogs were a problem and Mr. Martin said at 7: 00 p.m. tonight. Mr. Martin said they were still a nuisance. Mr. Owen questioned Officer Campbell and Officer CAMP B LL said that when he first checked out the call, he cut his engine and coasted and that there was no radio transmis s ion and he was out of view. He said that he was 150 feet from the dogs and said he saw one other dog - on Kogan Street. Mr. Owen asked Officer Campbell what zhe substance of Mr. Murphy's refusal to quiet the dogs and Of f icer Campbell said it was that the dogs were purchased for his protection and he wouldn't quiet then. Mr. Owen asked Mr. Starr about the distance he lived from the dogs and Mr. Star said 2 houses away. Mfr. Owen asked Mrs. Gage how she knew which dogs were barking and Mrs. Gage said she lived diagonally across from the Murphys . Mx s . Gage said the dogs s t ill bark in the evening for 3 to 4 hours but they do not bark late at night. Mr. Owen asked Mr, N-irphy haw old the dogs were and Mr. Ymrphy said the Shepard was two years old and the Doberman 8 months old. Mr. Owen asked Mr. Murphy if there was some type of training that would make the dogs less noisy and Mr. Murphy said he wasn't sure. Mr. Owen asked Mr. Murphy if he had been contacted by his neighbors concerning the problem and Mr. Murphy said he had received a letter from Mrs. Gage. Mr. Murphy said he is doing all he can now - brings the dogs in at 9:00 p.m. each evening and lets them out at 6:00-6:30 a . m. Mr. Murphy said he had the dogs to protect the carport off utility room, that the dogs don't bark as often aired only when provoked. Mr. Pavone asked if there were any woods nearby where s quirr 1 s or anima 1 s might make the dogs barked and Mr. Murphy said there are squirrels in the area. Mr. Mitchell suggested a privacy fence might help and Mr. Thomas said that would probably make the problem worse since the dogs would bark at what they couldn't see. Mr. Thomas said there did not appears to be a good solution since he believed a person has a right to animals and to protect his belongings but that the person had no right to disturb his neighbors. There was no further questioning and Mr. Pavone closed the Pub 1 is Hearin Mr. Thomas said that Mr. Murphy had violated ordinance 206 on October 8, 1981 by having a barking dog and even Mr. Murphy admits to that. Mr. Mitchell agreed that Mr. Murphy had violated the ordinance. Mr. Pavane asked for a roll call vote as to whether Mr. Murphy had violated ordinance 206. Mr. Mitchell Mr, Thomas and Mr. Pavone votes yes. Mr. Thomas suggested an appropropriat e penalty would be a $100,00 fine, suspended for a period of one year with provision that Mr. Murphy not be found guilty of the offense again. By a roll call vote Mr. Thomas, Mr. Mitchell and Mr. Pavone agreed to impose the penalty suggested above by Mr. Thomas - Imposition of a $100.00 fine, suspended for a period of one year with provision that Mr. Murphy not be found guilty of a similar violation. Mr. Thomas asked the complaintants and witnesses to contact the Police Department should there by any further problem . Mr. Owens said the board had tried to do justice and asked if the dogs bark all the time how do you know when there is someone around. Mr. Owens suggested some training s choo 1 for the dos. Mr. Owen advised Mr. why that he would receive a written notice ol the Board's action and advised him that he had the right to appeal the case. 5. There were no further Public Hearings scheduled. 6. Mr. Robert Daves questioned the decision of the Board in dismissing Case No. 6 in the case of Mr. Russell Grant. Mr. Daves said the board had listened to the testimony of officer Campbell and had disregarded the testimony of Officer Cohen. Mr. Owens said the board was established to correct violations and since the reported violations were corrected, the board was proper in dismissing the case. Mr. Owens advised Mr. Daves that he could resubmit an affidavit if he were aware of violations. 7. The Codes Enforcement Board adjourned at 8:45 P.M. i Co orcement Bo ar A=ST : Board Secret