The Board of Health met 11/13/2024. The first item they took up was an appeal of a prohibited dangerous animal declaration for a dog named Bear. Bear had been declared a dangerous animal back in 2023 and was, therefore, subject to various restrictions including leash and muzzle requirements when in the city. At the time of the initial declaration, the owner had removed him from the city, and because he was no longer in the city of Appleton, he was in compliance with the rules around harboring a dangerous animal. Recently, it was discovered that Bear was being brought into Appleton several times a week and the owner was not following the rules for harboring a dangerous animal while in the city. As a result, Bear was declared a prohibited dangerous animal and was no longer allowed in the city.
This appeal which was initiated by the girlfriend of Bear’s owner would have provided an opportunity for the owner to present evidence as to why Bear should not have been declared a prohibited dangerous animal with the aim of overturning the declaration prohibiting him from the city.
The owner, however, did not attend the meeting and did not present any evidence. As a result, the Board of Health voted unanimously to uphold the prohibited dangerous animal declaration.
This declaration prohibits Bear from being in the city. The Police Department’s Humane Officer Matthew Fillebrown told the board that Bear had already been removed from the city and was living at a house in Fox Crossing.
I’ve prepared a transcript of the discussion for download:
Although this item appeared on the agenda at the request of the dog’s owner (or, at least, the request of his girlfriend), the owner or another representative did not appear to make a case for why the declaration should be overturned.
Cathy Spears, the chairperson for the Board of Health, was hesitant to simply vote on the matter without hearing the case details, and she also wanted to take some time in case the owner was running late. As a result, Assistant City Attorney Zak Buruin questioned Officer Fillebrown and ran through all of the information and evidence the city had as to why Bear had been declared a dangerous animal. That questioning basically laid out the same information that is in Officer Fillebrown’s report on the situation an was essentially that Bear had been declared a dangerous animal. The owner had accepted that declaration and had been told what the requirements of harboring a dangerous animal had been. The owner had removed Bear to a house in Fox Crossing. Now Bear had been seen back in Appleton and there was photographic evidence that leash and muzzle laws were not being followed. Additionally, the house in which Bear was staying had three other adult dogs, and city code limits the number of dogs that are allowed in one house to no more than 3.
When the owner of a dangerous animal is found to not be following the requirements around harboring a dangerous animal, the next step is to declare it a prohibited dangerous animal which means that the animal is no longer allowed within the City of Appleton. Officer Fillebrown said that the animal had been removed once again to Fox Crossing.
The board asked what next steps would be if Bear was discovered in Appleton again. Officer Fillebrown said that there were a couple further options. The police could cite the owner and the violation included a $500 fine. Additionally, as part of that citation they would tell the owner he had 24 hours to remove the animal or the police would get a search warrant and seize the dog. Officer Fillebrown said that during his time at the police department they had never had to get a search warrant and seize an animal.
If they did have to seize an animal, the owner would be charged the fees for having to house the animal at the animal shelter. Additionally, the city would seek a court order to euthanize the animal which would also include fees that would be charged to the owner. Officer Fillebrown, again, noted that they had never had to do that.
The board voted unanimously to uphold the prohibited animal declaration against Bear.
View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1229834&GUID=EC945B36-95FB-462A-B8B3-1A1BF597B897
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