MINUTES OF THE VICIOUS DOG HEARING RE: "BILBO"

OCTOBER 18, 2001

PORTSMOUTH POLICE DEPARTMENT

 

A public hearing was conducted on Thursday, October 18, 2001 at 2:00 PM at the Portsmouth Police Department to determine if "Bilbo", a Glen of Imaal Terrier owned by William and Susan Manfull, is vicious according to City Ordinance 6.710 of the City of Portsmouth, NH.

Committee Members Present:

Others in Attendance:

The chairman called the hearing to order at 2:05 PM. The City Attorney outlined the procedures for the hearing.

- Mark Hatch

- William Manfull

- Deidre Butler

- Gail Fisher

- Wendy Bergeron

- Katherine Stone

- Rod Paul

Committee members, the Hallowell's and the Manfull's were allowed to ask questions throughout the hearing. At 3:50 PM the committee called a recess. At 4:21 PM the hearing reconvened. After the break, the committee asked a few more questions of the Manfull's

City Attorney Sullivan then noted that an agreement was reached between the Hallowell's and Manfull's during the recess and that they would like to present that to the committee. He indicated that if the committee approved of the agreement, including input from the Animal Control Officer regarding his opinion on the agreement, that they could postpone making the decision as to whether or not Bilbo is vicious. This decision would be postponed indefinitely, with the understanding, however, that the committee would reconvene and make the decision at the request of any of the parties, including the Animal Control Officer.

Mr. Hallowell spoke regarding the proposed agreement. Attorney Sanders stated that the Manfull's have proposed, and the Hallowell's have agreed that:

Animal Control Officer Austin Wallace noted his opposition to the committee postponing their decision. Committee member Mimi Clark noted her concerns regarding the dog being walked outside of the Manfull's property with a soft lead.

The chairman called a brief recess for the Committee to meet in private at 4:47 PM. At 4:51 the hearing reconvened. City Attorney Sullivan noted that the committee has agreed to endorse the agreement reached by the Hallowell's and the Manfull's with an additional condition that the committee would like a report from the Hallowell's after the initial three-month period of Bilbo being brought home. There were no objections to this additional condition.

In summary, the City Attorney noted that the Committee will postpone this proceeding indefinitely, with the understanding that the proceeding would be reinstituted on the request of the Hallowell's, the Manfull's or the Animal Control Officer. The Committee would then, at that time, vote as to whether Bilbo is a vicious dog. If there is no request, the hearing will remain postponed. It was noted for the record that the Animal Control Officer objected to this arrangement.

Dr. Schmidt moved to postpone this hearing indefinitely based upon the conditions noted above.

Seconded by Ms. Clark.

On a Roll Call Vote: Dr. Schmidt, Ms. Clark and Chief Russ each voted yes.

Dr. Schmidt moved to adjourn the meeting at 4:55 PM.

Seconded by Ms. Clark

On a Roll Call Vote: Dr. Schmidt, Ms. Clark and Chief Russ each voted yes.

(Two cassette tapes documenting this hearing are on file for reference.)

 

 

Respectfully submitted by Carol L. Bryant, Executive Assistant