- Created on 31 May 2010
- Last Updated on 05 May 2014
- Written by Fred M. Kray
- Hits: 1840
Code Enforcement Board/Dog Classification Board Hearings
For those of you who have never experienced Code Enforcement proceedings, read any one of these transcripts to see how much due process in not involved. That is what was intended. The Ordinance spe
cifically states that the hearing is informal in nature and is merely an opportunity for the owner to be heard. Rules of evidence do not apply, hearsay is accepted, and from a legal standpoint, anything goes. I only personally appeared in the last of the three. Being an attorney probably made it worse.
Transcript of Code Enforcement Board - Marion County Animal Control v. McBee [Skye, Gracie & Frosty] This case turned on one fact-was the cat already dead and the dogs playing with it, or did they kill it? See if you can find the evidence for the former in this transcript. This illustrates the importance of the burden of proof. If the burden here was clear and convincing, the dogs are freed.
The Real "Jerry"
Transcript of Code Enforcement Board - Marion County Animal Control v. Triana [Jerry] Here the animal control officer, acting on hearsay information never produced in court, describes Jerry as a Rottweiller and makes him sound like Cujo-slamming into his truck and jumping up into the window. It is this testimony that gets Jerry declared dangerous. This despite the fact that Jerry is not a Rottweiller and is just about two feet tall.
Transcript of "Dog Classification Board" - Marion County Animal Services v. Stefaniw [Ulu]. Yours truly at this one, and what an experience. Never given legal notice of the hearing, evidence given to the board never even showed to us, not allowed to cross-examine the county witnesses, a complaining witness who doesn't want to go forward, and finally, Animal Control talking to the complaining witness the night before the trial, telling her to come to the hearing to testify despite the fact that the subpoena is expired. Ulu declared dangerous.
Transcript of "Informal Hearing" - Clay County v. Oliver [Pip and Lily] - A "hearing" that truly turns the burden of persuasion (who has to go forward to prove the case) on it's head. The County presents no witnesses or evidence, and demands that the dog owner prove her boxers are not dangerous.
Broward County Administrative "Hearing" Before Hearing Officer
Transcript of Lipsky v. Broward County Animal Cotrol [Brandie] - The case of Brandie where a leashed dog is declared dangerous for attacking a dog off leash. Witness who told the officer she was inside now describes the entire event.
Order of Hearing Officer in Lipsky v. Broward County [Brandie] - Hearing Officer finds Brandie "dangerous."
Transcirpt of Gomez v. Broward County Animal Control [Zeus] - The case of the trespassing exterminator. An analysis of the fairness of this hearing can be found on this site here.
De Novo Appeals in County Court Before A Judge
Transcript of Stefaniw v. Marion Animal Control De Novo Appeal [Ulu] - Bench trial before Judge Mark Stevens. Here is an example of how a real trial is supposed to work. See real rules of evidence applied, see cross-examination of witnesses, and see the true facts come out.
Transcript of Oliver v. Clay County De Novo Appeal [Pip and Lily] - Bench trial before Judge Timothy Collins. The only real question - is there enough evidence identifying each dog as having been involved.