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2018-10-18 - Animal Control Board - Minutes Approved Animal Control Hearing Board Minutes—Luna ANIMAL CONTROL HEARING BOARD MINUTES VILLAGE OF BUFFALO GROVE ILLINOIS Thursday, October 18,2018 The Animal Control Board meeting was called to order at 6:02 P.M. on October 18, 2018. Present: Jeffrey Berman, Village Trustee, Animal Control Hearing Board Member Joanne Johnson, Village Trustee, Animal Control Hearing Board Member Brian Sheehan,Health Officer/Animal Control Hearing Board Chairman William Raysa, Village Attorney Melessa Horbus, Animal Control Division of Police Department Jennifer Maltas, Deputy Village Manager Also Present: Fran Levin; Melissa Levin; Linda Karamitis; Natalie Karamitis; William Miller and Domenique Levine. This meeting of the Animal Control Hearing Board was held at the Village of Buffalo Grove Village Hall at 50 Raupp Boulevard, Buffalo Grove, IL in the Jeffrey S. Braiman Council Chambers. The purpose of the meeting was to conduct a hearing on the Petitioner's appeal from the Police Department's Finding that the dog, Luna, that resides at 817 Kingsbridge Way, is a Potentially Dangerous Animal. Chairman Sheehan first read a statement on the procedures to be followed during the hearing. Chairman Sheehan then asked the representative of the Police Department to review the Department's investigation and related records concerning this matter. Melessa Horbus, Buffalo Grove Police Department, introduced and described the Police Department records concerning its investigation pertaining to Luna. Officer Horbus' testimony reviewed the particulars of the most recent incident as well previous incidents concerning Luna. Officer Horbus testified that based upon the evidence the Police Department found Luna to be a Potentially Dangerous Animal. Motion made and seconded, without objection, and upon a unanimous roll call vote the following exhibits were admitted into evidence: Village Exhibit 1: Police Department's letter dated August 6, 2018 declaring Luna a Potentially Dangerous Animal. Village Exhibit 2: Letter dated August 8, 2018 from Melissa Levin requesting a hearing to contest the Police Departments finding. Village Exhibit 3: Police Department Report 16-4114 dated 4/17/16. Village Exhibit 4: Police Department Report 16-7188 dated 6/29/16. Village Exhibit 5: Police Department Report 18-7128 dated 7/28/18. Village Exhibit 6: Police Department Report 18-8426 dated 8/2/18. Village Exhibit 8: Police Department Report 18-7151 dated 7/7/18. Village Exhibit 9: Police Department Report 18-9738 dated 9/7/18. Village Group Exhibit 1: FOIA response from Lake County Health Department dated 8/13/18. Page 1 of 7 Y Approved Animal Control Hearing Board Minutes—Luna The Petitioner, Melissa Levin,was sworn in. The Petitioner read a prepared statement describing how this incident has affected herself, her dog and her family. The Petitioner went over the steps that she has taken to try and control access so that Luna cannot get out of the home or off the property. The Petitioner testified regarding the various police department reports and detailed her account of what had occurred during some of the incidents in question. The Petitioner testified as to what occurred on the date of the bite as the incident was related to her by her mother who was walking the dog. The Petitioner testified to the steps she has taken to try and prevent any future incidents from taking place, including recently installing the invisible fence inside of her own 5-foot wooden fence and an electronic device at her front door. The Petitioner has taken Luna to additional training at Topps Kennel. The Petitioner also stated that her mother does not walk the dog any longer. Trustee Berman questioned the Petitioner about police department reports that were included in the packet from Vernon Hills relating to incidents involving Luna. Trustee Berman also questioned why some of the steps that have occurred recently were not undertaken earlier, given the history of incidents where the dog was at large or outside of the home or yard. In response, the Petitioner admitted that there had been some such instances. She further explained that initially she had resided at her parent's home and later moved into the house she and her family now occupy. When they moved into their current residence, it had an existing three (3) foot fence, and the fence had slats missing. That fence was replaced by a five (5) foot fence at some point in time after the dog had escaped from the yard. After the most recent incident, the Petitioner said she finally took additional steps to install an electric fence, which was costly. Trustee Berman asked the petitioner to describe what additional training has taken place. In response, the Petitioner explained that the dog had received training with the electric fence company, participated in a "boot camp" in Schaumburg and received training at Topps Kennel. She also stated that she would be working in the future with a person at Doggie Style for some additional training. Trustee Berman asked the Petitioner to describe what outcome she was seeking from the Animal Control Board as a result of this hearing. In response, the Petitioner stated that she would continue to keep up the controls that have been put into place and would like to be able to be out in the yard without a muzzle and would prefer to walk the dog in public without a muzzle. The Petitioner stated she would do so if required although she would not be walking the dog in her neighborhood as she does not feel comfortable. Trustee Berman asked about the additional training she had mentioned with Doggie Style. The Petitioner discussed the further basic obedience training at Doggie Style. Trustee Berman asked how many times the Police Department were out to assess Luna and the Petitioner verified that the Police Department was out on at least three (3)occasions. Trustee Johnson asked what type of additional training Luna would have. The Petitioner discussed the additional night training that was available to her because Luna completed the boot camp training. Trustee Johnson asked Ms. Levin to clarify her statement that she was not Page 2 of 7 Approved Animal Control Hearing Board Minutes—Luna opposed to walking Luna with a muzzle on. Ms. Levin confirmed that she would walk Luna with a muzzle. Trustee Johnson also confirmed that the Petitioner would like to have Luna in the yard without a muzzle so she could throw the ball for her and allow the dog to be happier as the dog does not like the muzzle. Chairman Sheehan asked whether the gate that opens to the park had been secured to prevent anyone from the outside from opening it. The Petitioner stated that there was a latch but that the gate was not locked; however, she does not feel this is an issue as the dog will not go near the gates due to the electric fence. The Petitioner had a video on her computer that she showed to the Animal Control Board. The video showed her son and a friend playing with the dog in her home. Ms. Fran Levin, mother of the Petitioner, was sworn in. Ms. Fran Levin testified to the nature of Luna and the dog's disposition. Ms. Fran Levin testifies she has not walked the dog since this incident. Ms. Fran Levin stated that what they really want is to be able to have the dog out in the yard without the muzzle. Ms. Fran Levin stated that the dog would not be walked in Buffalo Grove any longer. Trustee Berman asked Ms. Fran Levin to confirm the statement that Luna has not been walked in Buffalo Grove since this incident and asked her to clarify if the dog had or had not been walked with a muzzle to date. Ms. Fran Levin stated that she has not walked the dog at all since the incident in Long Grove and she has never walked the dog with a muzzle. Ms. Fran Levin stated that they would be willing to padlock the gate to the park and they have been very diligent when the dog is barking to bring her inside and not allow her to bark continuously. The Petitioner submitted a binder including ten (10) testimonials from persons who have met or know Luna; six (6)pictures of the wounds Luna received at the time of the incident; a letter from Topps confirming the training that Luna was receiving and a contract for an invisible fence that was installed on the property. Motion made and seconded, without objection, and upon a unanimous roll call vote the binder was admitted into evidence as Petitioner Group Exhibit 1. Ms. Linda Karamitis and her daughter Natalie Karamitis were sworn in. Ms. Linda Karamitis reiterated that there have been six (6) incidents within a 2 and a half (2 '/z) year period concerning this dog in both Buffalo Grove and Vernon Hills. Ms. Karamitis went over several of the reports from both Buffalo Grove and Vernon Hills regarding Luna. She stated that the Levins do not take responsibility for the incidents and she believes Luna is "dog aggressive." Ms. Karamitis referenced an incident from April of 2016 that would be discussed by another person present. Ms. Karamitis testified to the frequency of the incidents without the Levins taking appropriate action to control the dog. Ms. Karamitis testified that the dog's owners were irresponsible and refuse to take responsibility. Ms. Karamitis testified that she has pictures of the signs that were posted on the property and they are not readable from the picnic table at the park. Ms. Karamitis testified that she also has video of the dog in the yard without the muzzle on at least four (4) times since the Village found the dog to be Potentially Dangerous. Ms. Karamitis is Page 3 of 7 Approved Animal Control Hearing Board Minutes—Luna afraid a child is going to be injured due to the location adjacent to the park. Ms. Linda Karamitis recapped the number of incidents that have occurred and that are included in the police department's reports on record. Ms. Karamitis testified that since the day of the incident in question Luna was out of the yard without a muzzle. Fran Levin stated that normally they walk Luna with a muzzle but did not in this instance as there was nobody around. Trustee Johnson asked Ms. Karamitis to clarify her statement that she had video of the dog in the yard without a muzzle since the Village of Buffalo Grove found the dog to be Potentially Dangerous. Ms. Karamitis confirmed that she had the video and asked if the Board would like to see the video. The Board said that they would. Ms. Karamitis showed three (3) pictures of the current sign on the fence that she references in her testimony stating that the signs are not adequate and that they are too small to be seen. The photos were given to the Board to review. Ms. Linda Karamitis showed the Board a video she had taken which shows Luna in the yard without a muzzle. Ms. Karamitis stated that the video was taken after the dog had been found to be Potentially Dangerous. Chairman Sheehan asked to clarify if this was the video shown to Officer Schwall as referenced in her report of September 7, 2018. Ms. Karamitis confirmed that it was the same video. Ms. Karamitis again testified that she wanted to state for the record that she did not have a vendetta against the Petitioner, but believes that they are not responsible dog owners. Trustee Berman asked Ms. Karamitis if the electric fence in her yard goes around the entire perimeter of the rear yard or both front and rear yards. Ms. Karamitis responded that her back yard has a small fence and she has the invisible fence on the sides of her yard. Ms. Karamitis stated that her dog stays back five feet from the fence. Trustee Berman asked if there has ever been an occasion where her dogs have gone past the invisible fence. Ms. Karamitis confirmed that she was aware of one instance in the front yard where they went past it chasing wildlife. Trustee Berman confirmed that there was an electric fence in the front yard that the dogs went through. Trustee Berman asked if Ms. Karamitis was comfortable that the dogs were not going to cross the barriers of the invisible fence. Ms. Karamitis confirmed that yes she was pretty comfortable that the fence was adequate for containing the dogs in the yard. Natalie Karamitis testified that she is afraid the dog is going to get loose when she is in the park and that she hears the dog barking. She stated she knows Luna has come into their yard and attacked her dog and she is afraid. Motion made and seconded, without objection, and upon a unanimous roll call vote the three (3) pictures and the video from Ms. Karamitis' phone taken from the outside of the fence showing Luna in the yard without a muzzle were admitted into evidence as Group Exhibit 2. Domenique Levine was sworn in. Ms. Levine stated that she was the person involved in the April 17, 2016 incident (Police Department Report 16-4114) with Luna. The incident occurred when the Levins had the three (3) foot fence. As she was walking her dog, a sixty (60) pound Golden Doodle, by the house she hears the dog barking and then a woman screaming. She looked up and Page 4 of 7 Approved Animal Control Hearing Board Minutes—Luna saw Luna jumping over the fence coming towards her and her dog. The last thing Ms. Levine remembers is her dog sitting at her side and then Ms. Levine was in the air and landed on her shoulder. Ms. Levine was knocked unconscious. When she regained consciousness, Ms. Levin asked if she was OK. Ms. Levine is not sure what happened or how she got her dog back. Ms. Levine said she told Ms. Melissa Levin that she was not OK and had an egg(bruise) on her head. Ms. Levine called the police when she got home and filed a report. Ms. Levine testified that she got whiplash, she obtained a concussion and a torn bicep tendon. Ms. Levine stated that Luna saw her dog and charged her dog. She is not sure what happened, but now her dog is now nervous when it sees other dogs due to this incident. Ms. Levine stated that she believes that Luna could be a real danger if she gets out and goes after another dog that is with someone older and frail and something similar happens to them. Ms. Levine stated that she has spent an entire year recovering from bicep surgery. Trustee Berman asked to confirm if this incident occurred before the current (higher) fence was installed. Ms. Levine said it was and that Ms. Melissa Levin stated that she knew the fence was not going to be adequate to contain Luna. Chairman Sheehan asked if Ms. Levine's dog sustained any injuries. Ms. Levine said she did mentally, but she did not believe she had sustained any bite injuries. William Miller was sworn in. He stated that he had three (3) incidents that he wanted to talk about. The first happened to his wife in early April of 2016. She has since passed away so she can not testify. In this instance Ms. Levin's two (2) dogs were both out without leashes roaming around. She called the police and by the time they had arrived the dogs had been brought back inside and Ms. Levin denied that the dogs were out without a leash. The second incident occurred in about June. Mr. Miller was out for a walk when he came upon the dogs out without a leash and unattended. Mr. Miller contacted the Police Department and filed a report. The third incident occurred on April 18, 2019. Mr. Miller was in his garage and saw a lady walking her small dog through the park. He saw Luna charge the woman and her dog and knock the lady to the ground. Shortly after that he saw Ms. Levin come out and get her dog. He currently will not allow his grandchildren to play in the park because the dog continually escapes the yard. He also has stopped walking in the neighborhood because of the incidents with this dog. Trustee Berman asked about the timing of the incident that Mr. Miller said occurred in June, but had not mentioned a year. Mr. Miller stated that it was in June of 2016. Trustee Berman confirmed that Mr. Miller did not call the Police regarding April 18, 2018 incident, as there was no Police Department report to coincide with that incident. As follow up to testimony from Ms. Karamitis, Trustee Berman asked the Petitioner to explain what occurred on September 7, 2018 when the dog was in the yard without a muzzle. The Petitioner explained that she was not present for that incident, but her father heard her dog Buda barking and when he opened the door to call him in Luna got out. He went out in the back yard to get the dogs and saw Ms. Karamitis behind the fence videotaping the dogs. Chairman Sheehan asked the Petitioner if she would like to give a closing statement. Page 5 of 7 Approved Animal Control Hearing Board Minutes—Luna The Petitioner stated that many of the incidents, aside from the two (2) most recent events, occurred before they had installed the five (5) foot wooden fence. When they first moved in she did not know that the existing three (3)foot fence had missing slats in it. She also stated that she was aware that Ms. Levine had obtained a head injury during the incident with Luna, but it was not until several months later that she became aware of the arm injury. She stated that she was not sure if the arm injury was related to that incident or not. The five (5) foot fence was installed a few weeks after that incident as a precaution. She also had the electric fence installed to try and keep the dog from leaving the yard. The Petitioner claimed that the Vernon Hills Police Department, particularly one specific officer, had it out for her and has even contacted the current homeowner at her previous residence and accused her of various things. She reiterated that it was not her dog that is barking late at night. She is in bed by 10:30 p.m. and her dogs are not outside. Trustee Berman asked whether the Petitioner has made it a practice over time to let the dogs out unaccompanied in the back yard. The Petitioner stated that she will let Buda out in the back yard unaccompanied, but due to the incidents she is usually with Luna in the back yard or has Luna on a leash. Until recently she would go out and play ball with her in the back yard. As a follow up, Trustee Johnson asked if Ms. Karamitis had video of other days that the dog was out in the back yard without a muzzle since the dog was deemed Potentially Dangerous. Ms. Karamitis stated that she did have video of other incidents that occurred after the dog had been deemed Potentially Dangerous. She stated that the main issue is that the Petitioner refuses to take responsibility for her dog. Ms. Karamitis stated that she had emailed the video to the Buffalo Grove Police Department. Trustee Berman asked to confirm the date of the other incident that she videotaped that she said she sent to the Buffalo Grove Police Department. Ms. Karamitis stated that the email was dated August 16, 2018 at 5:05 p.m. The Petitioner responded to the testimony concerning the muzzle. The Petitioner stated that when they were first given the information from the Police Department about Luna being declared Potentially Dangerous, they were not told the dog had to be muzzled when it was in the yard only that the dog needed to be muzzled when they walked her. Then after the incident that was reported to the Police, the Petitioner stated that they were informed that the original information was incorrect and that Luna did in fact have to be muzzled when in the yard. So it was only after the September 7, 2018 incident where the video was taken that the Petitioner was informed that the dog needed to be muzzled while in the yard. Trustee Berman asked the Petitioner to confirm that she did receive the Police Departments letter of August 6, 2018. The Petitioner stated that she did receive it. Trustee Berman pointed out that in that letter it states "Animals "Found to be Potentially Dangerous" while on the owner's premise shall be confined to the owners home, or muzzled, and so restrained to be unable to leave the owner's premise, or confined in a "special enclosure" as defined by village ordinance, so that the animal cannot attack persons lawfully on the premise." Melessa Horbus of the Buffalo Grove Police Department asked to provide some information. Officer Horbus stated that when she was initially asked if the dog had to be muzzled in the enclosed rear yard she misspoke and informed the Petitioner that the dog did not need to be Page 6 of 7 Approved Animal Control Hearing Board Minutes—Luna muzzled in the rear yard. After the first call regarding the dog being out without the muzzle, Officer Horbus realized the mistake and immediately contacted the Petitioner and advised her that the dog did indeed need to be muzzled when out of the home and in the yard. Chairman Sheehan confirmed that this contact was made after the September 7, 2018 Police Department Report. Trustee Berman asked the Petitioner if the dog has been out in the yard without a muzzle since the September 7, 2018 contact from the Police Department reaffirming what was spelled out to her in the letter of August 6, 2018. The Petitioner responded that the dog had not been out without the muzzle. Trustee Berman advised those present that, as stated in the opening statements, the Board is going to take the matter under advisement and will deliberate the matter in closed session. The Board will then reconvene. Everyone that is present and has provided their contact information will be advised of the Board's decision. Motion made and seconded, without objection, and a unanimous roll call vote taken to move into closed session pursuant to 51LCS 120/2(c)(4) "Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning." The Animal Control Board moved into Executive Session at 7:50 p.m. The Animal Control Board returned to open session at 8:10 p.m. At that time a motion was made by Trustee Berman and seconded by Trustee Johnson to adjourn. Roll call vote was unanimous. Meeting adjourned at 8:11 p.m. Page 7 of 7 FOF_817 Kingsbridge Way_Luna_Final ANIMAL CONTROL HEARING BOARD VILLAGE OF BUFFALO GROVE, ILLINOIS FINDINGS OF FACT AND CONCLUSIONS On October 15, 2018, the Village of Buffalo Grove Animal Control Hearing Board convened at the request of Melissa Levin ("Petitioner") to review the Police Department's finding that the "pit bull mix" dog known as Luna that resides at 817 Kingsbridge Way, Buffalo Grove, IL is a Potentially Dangerous Animal as defined within Title 6 of the Village of Buffalo Grove Municipal Code. Petitioner has timely submitted the required request to contest the Police Department's findings and to present her case and evidence to the Animal Control Hearing Board. The Petitioner was present at the hearing on October 18, 2018. The Petitioner represented herself during the proceedings. Testimony was heard from Animal Control Supervisor, Officer Melessa Horbus, and the Petitioner's witness. The petitioner completed her presentation of testimony and evidence in support of the Petition. Several other witnesses present also provided testimony and evidence in support of the Police Departments Finding. The Petitioner thereafter presented a closing argument. The Animal Control Hearing Board has considered all evidence from the October 18, 2018 hearing, including all testimony presented, and all documents, photographs and video recordings introduced and admitted as evidence during the hearing session. The Animal Control Hearing Board hereby makes the following Findings of Fact and Conclusions: I. The Subject Animal: a. Animal type: Pit bull dog mix breed b. Animal description: Blue & White female pit mix C. Owner: Melissa Levin d. Owner's address: 817 Kingsbridge Way, Buffalo Grove II. Witness information: Name: Animal Control Supervisor Melessa Horbus Address: Buffalo Grove Police Department Buffalo Grove, IL Name: Melissa Levin Page 1 of 8 FOF_817 Kingsbridge Way_Luna_Final Address: 817 Kingsbridge Way, Buffalo Grove, IL Name: Fran Levin Address: 817 Kingsbridge Way, Buffalo Grove, IL Name: Linda Karamitis Address: 5187 Eastgate, Long Grove, IL Name: Natalie Karamitis Address: 5187 Eastgate, Long Grove, IL Name: William Miller Address: 830 Kingsbridge Way, Buffalo Grove, IL Name: Domenique Levine Address: 1474 Oxford, Buffalo Grove, IL III. Police Reports: The following police department reports were introduced and accepted into the evidentiary record without objection: Village Exhibit 3: Police Department Incident/Offense Report, Case/Report No. 16-4114 dated 04-17-2016, with Person Supplement dated 04-17-2016. Village Exhibit 4: Police Department Incident/Offense Report, Case/Report No. 16-7188 dated 06-29-2016, with Narrative Supplement dated 06-29- 2016 and Person Supplement dated 06-29-2016. Village Exhibit 5: Police Department Incident/Offense Report, Case/Report No. 18-7128 dated 07-06-2018, with Narrative Supplement dated 07-06- 2018 and Person Supplement dated 07-06-2018. Village Exhibit 6: Police Department Incident/Offense Report, Case/Report No. 18-8426 dated 08-06-2018, with Narrative Supplement dated 08-06- 2018 and Person Supplement dated 08-06-2018. Village Exhibit 7: Police Department Incident/Offense Report, Case/Report No. 18-3040 dated 03-26-2018, with Narrative Supplement dated 03-26- 2018 and Person Supplement dated 03-26-2018. Village Exhibit 8: Police Department Incident/Offense Report, Case/Report No. 18-7151 dated 07-07-2018. Village Exhibit 9: Police Department Incident/Offense Report, Case/Report No. 18-9738 dated 09-07-20181 with Narrative Supplement dated 09-07- Page 2 of 8 FOF_817 Kingsbridge Way_Luna_Final 2018, Person Supplement dated 09-07-2018 and incident image Supplement dated 09-07-2018. IV. Exhibits: The following additional Exhibits were introduced and accepted into the evidentiary record without objection: a. Village Exhibit 1: Police Department Letter dated August 6, 2018 declaring "Luna" a Potentially Dangerous Animal. b. Village Exhibit 2: Letter from Melissa Levitt requesting a Hearing dated 08-08-2018. d. Village Group Exhibit 1: A Certified copy of a Lake County FOIA response to a request made for "All records pertaining to dogs and tickets or offences received by Melissa Levin or Fran Levin and/or Michael Waardenburg at both1125 E. Port Clinton Road Vernon Hills, IL 60061 and at 817 Kingsbridge Way Buffalo Grove, IL 60089." e. Village Group Exhibit 2: Video taken of Luna in the rear yard at 817 Kingsbridge Way without a muzzle and three (3) pictures of the "Beware of Dog" sign on the fence. f. Petitioner's Group Exhibit 1: Ten (10) letters and emails providing testimony to the character of Luna; six (6) pictures of Luna/wounds; Letter from Topps Kennel and a contract for an invisible fence that was installed at 817 Kingsbridge Way dated 8-10-2018. V. Public Hearing: The Village Animal Control Hearing Board convened on October 18, 2018 at 6:02 p.m. The public hearing was concluded at 7:50 p.m. VI. Material Findings Of Fact And Conclusions: 1. On April 17, 2016, at approximately 3:00 p.m. Domenique Levine was walking her dog near Camelot Corner Park when a mixed breed type dog, later confirmed to be Luna, leapt over the fence at 817 Kingsbridge Way and knocked her down. Ms. Levine was injured during the fall hitting her head and scraping her leg. Ms. Levine testified to other injuries as a result of her fall. A summary of Ms. Levine's statement is contained in Buffalo Grove Police Department Case / Report No. 16-4114 dated April, 17, 2016. Page 3 of 8 FOF_817 Kingsbridge Way_Luna_Final 2. On June 29, 2016, at approximately 12:45 p.m. Scott Kristiansen of the Buffalo Grove Police Department observed a pit bull dog, which was not on a leash at the time, attacking three other dogs being walked in the area of 830 Kingsbridge Way. Officer Kristiansen was familiar with the dog and identified the dog as Luna who resided at 817 Kingsbridge Way. A summary of Officer Kristiansen's statement, and those of other eyewitnesses is contained in Buffalo Grove Police Department Case / Report No. 16-7188 dated June 29, 2016. 3. On July 6, 2018, at approximately 4:36 p.m. Chris Skeet and Sonya Kontorovich were walking near the park near 817 Kingsbridge Way when they witnessed a pit bull type dog escape the yard and run after a smaller dog in the park and jump on it. The dog was identified as Luna who resided at 817 Kingsbridge Way. A summary of Mr. Skeet and Ms. Kontorovich statements are contained in Buffalo Grove Police Department Case / Report No. 18-7128 dated July 6, 2018. 4. On August 2, 2018 at approximately 3:02 p.m. Fran Levine was walking Luna in Long Grove along a walking path at which time Luna pulled through some bushes along the path and into the yard of Linda Karamitis. 5. Ms. Karamitis' two dogs were in the back yard, the dogs were secured in the rear yard by an electric fence at the time with their dog walker. Ms. Karamitis' two dogs ran up to Luna and contact was made between the dogs. 6. Ms. Karamitis' retriever suffered a puncture wound during the incident. After the incident Ms. Karamitis' retriever was taken to the vet for treatment. During the incident Luna was also reported to have received wounds to the muzzle and back/shoulder area. Luna was not taken to the vet for treatment. 7. The Petitioner acknowledged financial responsibility related to the incident by paying the veterinary bill following the incident. 8. On August 6, 2018, Mrs. Karamitis appeared at the Buffalo Grove Police station to make a delayed report of the dog bite incident that occurred on August 2, involving Luna. A summary of Mrs. Karamitis' statement, and those of other eyewitnesses is contained in Buffalo Grove Police Department Case / Report No. 18-8426 dated August 6, 2018. Page 4 of 8 FOF_817 Kingsbridge Way_l.una_Final 9. As part of the police department's follow up investigation into the August 2nd incident, Animal Control Supervisor Melessa Horbus went to Petitioner's home on August 6, 2018 to meet with the Petitioner and her dog Luna. 10. By letter dated August 6, 2018, Officer Horbus informed the Petitioner that the Buffalo Grove Police Department had received an animal complaint arising out of the August 2, 2012 incident involving Luna had conducted a follow up investigation and, based upon this and previous incidents, had declared Luna a "Found to be a Potentially Dangerous Animal." 11. The Petitioner thereafter timely requested a hearing with the Animal Hearing Board to contest the finding of her dog as a "Potentially Dangerous Animal." 12. During the hearing, testimony from Petitioner, herself, and Petitioner's witness Fran Levin, confirmed that Luna's history includes a known aggressive behavior towards other dogs. 13. During the hearing, the Petitioner and the petitioners witness both testified that Luna exhibits dominant behavior over other dogs. 14. Village of Buffalo Grove Municipal Code (Section 6.04.020) defines Potentially Dangerous Animal as an animal which: 1. When unprovoked, chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack; or 2. Has attacked a domestic animal without provocation while off the owner's property; and 3. May represent a significant threat to the health or safety of the public. 15. Based on its investigation into the August 2, 2018 incident, the Buffalo Grove Police Department concluded that the bite was unprovoked and found the dog, Luna to be a "Potentially Dangerous Animal" as defined within Section 6.04.020. 16. Petitioner, as owner of Luna, has timely objected to the designation and submitted a Petition to contest that finding. In that regard, Petitioner bears the burden of proof. To prevail, therefore, Petitioner must demonstrate by a Page 5 of 8 FOF_817 Kingsbridge Way_l.una_Final preponderance of the evidence that the police department's decision to designate Luna as a "Potentially Dangerous Animal" was incorrect. 17. The testimony at the hearing was clear and uncontroverted that an incident occurred on August 2, 2018 involving Luna, owned by Ms. Levin. The police department's investigation is reflected in the evidence, both testimonial (by Officer Melessa Horbus) and documentary (in the form of various contemporaneous police reports), from the hearing. 18. Petitioner seeks to contest that the bite or attack that occurred during the August 2, 2018 incident was not "without provocation." In that regard, Petitioner testified and offered live testimony and Affidavits from several additional witnesses, each of whom attested in various ways, based on personal observation and experience, to Luna's good nature and non-aggressive disposition. Petitioner also offered testimony from Ms. Fran Levin who attested to the good nature and non-aggressive disposition of Luna. Petitioner also testified that at the time of the incident that Luna may have been scared and provoked by the circumstances of the encounter, including the unexpected encounter of the dogs charging at her. 19. With regard to Petitioner's argument that the bite by Luna on August 25 2018 was not "without provocation," the Hearing Board concludes that (1) the preponderance of credible evidence supports a conclusion that Luna did, in fact, bite without provocation; and (2) Petitioner has failed to meet her burden of proof on this point. 20. Petitioner also seeks to contest the conclusion that Luna may represent a significant threat to the health and safety of the public, notwithstanding any bite or attack that occurred during the August 2, 2018 incident. In that regard, Petitioner testified and offered oral and written testimony from several additional witnesses, based on personal observation and experience, to Luna's good nature and non-aggressive disposition. Contrary to Petitioner's proffered evidence and argument are: (A) the circumstances surrounding the August 2, 2018 incident, including the absence of any credible mitigating factors; (B) testimony adduced by Petitioner during the hearing that suggests that Luna is dominant towards other dogs, including (1) testimony from Petitioner and Petitioner's witness that Luna is known to charge towards other dogs in an effort to interact with them, (2) testimony from Petitioner and Petitioner's witness, that Luna is an Alpha, or dominant dog and exhibits her dominant character when she encounters other dogs. Page 6 of 8 FOF_817 Kingsbridge Way_l.una_Final 21. The Hearing Board concludes with regard to Petitioner's argument that Luna may not represent a significant threat to the health and safety of the public, notwithstanding any bite or attack that occurred during the August 2, 2018 incident, that (1) the preponderance of credible evidence supports a conclusion that Luna may represent a significant threat to the health and safety of the public; and (2) Petitioner has failed to meet her burden of proof on this point. VII. Conclusion: Based on the foregoing material findings of fact and conclusions, and after due deliberation, the Buffalo Grove Animal Control Hearing Board has unanimously voted to sustain the decision of the Buffalo Grove Police Department that the dog, Luna, has met the definition of a "Potentially Dangerous Animal" Linder Section 6.04.020 of the Village of Buffalo Grove Municipal Code. Based on this designation, the requirements of Section 6.12.120 of the Municipal Code apply, including: 1. As a "Found to be Potentially Dangerous Animal," Luna shall be allowed outside of her owner's premises only when she is securely muzzled, and on a six-foot retractable leash, and within the control of a person eighteen (18) years of age or older; or when she is caged. 2. As a "Found to be Potentially Dangerous Animal," while on her owner's premises, Luna shall be (a) confined within the home; or (b) muzzled and restrained so as to be unable to leave the premises; or (c) confined within a "special enclosure" so that she cannot attack persons lawfully on the premises. 3. For as long as Luna continues to reside within the Village, on a yearly basis, Mellissa Levin must obtain the required "Potentially Dangerous Animal" license and identification tag from the Village of Buffalo Grove; and 4. The premises shall have signage displayed, in a conspicuous manner as approved by the Village of Buffalo Grove, on any and all entrances to the property, as well as on the special enclosure, warning that a potentially dangerous animal is on the premises. The Police Department, following retraining and reassessment of the animal, and upon petition of the owner, may remove the classification "found to be potentially dangerous animal" for any animal so classified. After a period of not less than 180 days following this decision, the owner may petition the Police Page 7 of 8 FOF-817 Kingsbridge Wayjunajinal Department to have the designation "found to be potentially dangerous" removed. In order to be considered rehabilitated, and thus eligible for reclassification and removal of the designation as a potentially dangerous animal, pursuant to Section 6.04.040.0 of the Municipal Code, the following factors will be reviewed: (1) an analysis of any reported incidents since the initial finding and designation of potentially dangerous; (2) a field investigation by the Police Department; (3) written certification by an animal trainer, animal behaviorist or a veterinarian as approved by the Village Health Officer; and (4) written finding by the Police Department that the animal no longer meets the definition of a potentially dangerous animal. An owner shall only be allowed to file such petition for reclassification once within any calendar year. Dated: January 15, 2019 Brian Sheehan Village Health Officer Animal Control Hearing Board — Chair Jf I I/) ,Via e Animal Control Hearing Board — Member i&neJohnson V1 lage Trustee Animal Control Hearing Board — Member Page 8 of 8