Wrightsville Beach Police Department Office of the Chief of Police November 10, 2020 Items to be evaluated as evidence in BOA hearing re: Dangerous Dogs 1. Memo written by Chief Squires describing an overview of the case 2. Copy of the relevant statute 67~4.2 defining a dangerous dog 3, Copy of the relevant statue 67-4.2 describing precautions against attacks by dangerous dogs Copy of the relevant statute 67-4.3 describing a criminal penalty for attack by a dangerous dog Relevant Town Ordinances NHC Animal Control Bite Report prepared by ASU officer L. Woods on September 19. Woods interviewed tr. Ratcliff at his home on September 19 (day after) but never saw the victim. Her assessment of the injury on this report was made without having seen the injury, Her assessment of how the bite occurred came from statements made by Mr. Ratcliff. The report ends with an assessment by ASU officerJ. Kerwin that the quarantine for KAI was lifted September 27. ‘Written statement from bite victim Mr. Charkoudian submitted September 22. ‘Appeals packet submitted by Mr. Ratcliff asserting he should not be fined for dogs at large. a. Submitted September 22/appeal denied October 2. b. Citation for unregistered was upheld as owner registered dogs. 9. Chief's letter to Mr. Ratcliff deeming both dogs dangerous 10, Written request from Mr, Ratcliff to appeal decision to the BOA (not signed but personally submitted by Mr. Ratcliff. 11. Letter from Mr. Ratclif’s attorney dated October 27 12. Series of photos associated with case and included as a PPT Post Office Box 452-3 Bab Sawyer Drive Wrightsville Beach “NC 28480 ‘Telephone 910.256.7945 Fax 910.256.7918 Web: WWW.TOWB ORGWrightsville Beach Police Department Office of the Chief of Police November 2, 2020 To: Town Manager Tim Owens From: Ct of Police Dave Squires Ref: Investigation of dog bite to human The victim in this case is Mr. John Charkoudian. ‘The owner of the dogs involved is Mr. James L. Ratcliff Ill Anticipated testimony of Mr. Charkoudian: ‘Mr. Charkoudian is likely to testify that on or about 1930 on September 18, 2020, he was jogging east on Pelican Drive. As he passed the Ratcliff home at 20 Pelican Drive, he was surprised by two dogs that rushed at him while he was in the street. Mr. Charkoudian will say that he never had any interaction (did not provoke) the dogs before they rushed into the street, He will also say that he was on the far side of the street from the Ratcliff residence and never ‘was on the property of the Ratcliffs. Mr. Charkoudian (79 yo resident of Wilmington) will say that he was bitten on the calf by one of the dogs while the other dog menaced him in a way that convinced him the non-biting dog was likely to attack him. He will characterize the second dog’s behavior as “vicious or terrorizing in an apparent attitude of attack”. He will say both dogs were in the street and off of their property when he was attacked, He will say he suffered a severe injury from this attack and was so shocked that he was unable to even call 911. He is not entirely clear on how the attack ended or exactly who called 911. He will testify that he sought medical treatment immediately for his injury and he will testify that the photographs he submitted were in fact accurate depictions of his injuries over the space of several weeks of healing, He will testify that he has suffered a “disfiguring laceration” making his injury “severe” as envisioned in the statute. He is further likely to testify that he continues to suffer emotionally from this attack and that he is motivated to see these dogs identified as dangerous because he believes the public should be protected from them. Past Olfce Box 452-3 Hoh Sawyer Drive» Wrightsville Beach «NC: 28480 ‘Telephone 910.256.7945 Fax 910.256.7918 - Web: WWW.TOWB ORGWrightsville Beach Police Department Office of the Chief of Police Anticipated testimony of Mr. and Mrs, Ratcliff Ii: Mr. Ratcliff Ill and his wife are both likely to testify that they are the owners of both dogs involved in this incident. They will say that both doges are adopted animals that they have ‘owned for several years without any incident. If it is discussed, they will admit that neither dog was licensed in the Town at the time of the incident but that was remedied shortly afterwards. Mr, Ratcliff Il will testify that shortly before the incident, he was returning to his home with his wife. The garage door was raised and both dogs came out to greet him and his wife. Mr. Ratcliff will say that he never saw either dog off of his property and that he cannot say with certainty if they ever left his property. He will say that the dog that bit Mr. Charkoudian Is KAt (female Labrador mix) and that his dog STELLA (female Labrador) never bit but was close to KAl and Mr. Charkoudian during the incident. He will say that he took control of his dogs and attempted to help Mr. Charkoudian, had a brief conversation with the Ratcliffs as they dropped off their appeal letter. They affirmed that their dog KAI bit Mr. Charkoudian but they felt strongly that this was not sufficient reason to deem either dog dangerous. They believe that both dogs approached Mr. Charkoudian in a playful manner because they see both dogs as friendly. They believe that Mr. Charkoudian must have behaved defensively as the dogs approached and that defensive posture was interpreted as aggressive causing KAI to bite. Mrs. Ratcliff assured me that if | were to interact with their dogs | would not believe them to be dangerous. She also believed that it would be unfair to impose dangerous dog requirements on their dogs and that it would be a mark on their (the Ratcliff’s) reputation if the dogs were deemed dangerous. The investigation into this matter produced the following conclusions: There is no evidence that Mr. Charkoudian provoked the dogs, called to the dogs or in any way interacted with them before he was bitten. Further there is no evidence that Mr. Charkoudian was ever on the property of Mr. Ratcliff Ill, KAI bit Mr. Charkoudian on the calf causing a severe injury. Photographs of the injury are included in this file. STELLA did not bite but did run off of the Ratcliff property and into the street with KAI. The only evidence of whether STELLA. approached Mr. Charkoudian in a vicious or terrorizing manner in an apparent attitude of attack, will be in the testimony of Mr. Charkoudian. Neither Mr. nor Mrs, Ratcliff witnessed the bite. Post Office Box 452 3 Bob Sawyer Drive: Wrightsville Beach NC: 28480 ‘Telephone 910.256.7945 : Fax 910.256.7918 Web: WWW.TOWB ORGWrightsville Beach Police Department Office of the Chief of Police Mr. Charkoudian has provided a written statement, which is included in this file, ll made a statement at the scene. He also included a written statement in each of the appeals he filed to the civil penalty violations cited. The relevant statute defining a dangerous dog is NC GS § 67-4.1 (attached to this memo) The statute defines a dangerous dog in a multipart analysis. With respect to KAl, this dog meets the definition of a dangerous dog in that she is 1, Adog that: 1. Without provocation has killed or inflicted severe injury on a person; or Here the primary questions for the BOA to examine are whether Mr. Charkoudian provoked KAI to bite him and whether the injury he suffered was severe. The statue defines a severe injury as "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization. By the use of the word “or” the statue makes it clear that a dog can be deemed dangerous through other behaviors listed in subdivision (2) of this subsection. or 2, Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has ‘engaged in one or more of the behaviors listed in subdivision (2) of this subsection. One of the items listed in section (2) that can cause a dog to be deemed potentially dangerous and thus a dangerous dog is (2c): ¢. Approached a person when not on the owner's property ina vicious or terrorizing manner in an apparent attitude of attack. The BOA will have to examine whether they believe STELLA approached Mr. Charkoudian while she was off the Ratcliff property. The statue defines the owner's real property as, oot Post Office Box 452 -3 Bob Sawyer Drive: Wrightsville Beach NC 26480 ‘Telephone 910.256.7948 - Fax 910.256.7918 - Web: WWW.TOWB ORGWrightsville Beach Police Department Office of the Chief of Police “Owner's real property" means any real property owned or leased by the owner of the dog, but does not include any public right-of-way... The BOA will also have to examine whether or not they believe that STELLA approached Mr. Charkoudian in a vicious or terrorizing manner in an apparent attitude of attack. If the board deems either or both dogs dangerous, the statute that describes the consequences, to the owners can be found in part in NC GS § 67-4.2 (attached to this memo). The statute demands that the owner of a dangerous dog (or a potentially dangerous dog) not leave their dog unattended without assuring that the dog is confined indoors, in a secured pen, or in some other way confined. If the owner takes the dog off of their property, the statute requires that the dog be muzzled and leashed. The statute further requires owners of dangerous dogs to make certain notifications upon sale or transfer of the dog to a new owner. NC GS § 67-4.3 (attached to this memo) provides for a potential criminal penalty to the owner of a dangerous dog that injures a person where the injury causes more than $100 in damage. The statute does not factor a dog's history of good companionship to its owners or its good behavior in previous circumstances. eee Post Oflice Box 452 -3 Bob Sawyor Drive Wrightsville Beach NC 26480 ‘Telephone 910.256.7945: Fax 910.256.7918 - Web: WWW.TOWB ORGArticle 1A, Dangerous Dogs. § 67-4.1, Definitions and procedures. ‘As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term: (a) ) (©) Q@ Q) @) 4) (5) "Dangerous dog" means a. Adog that: 1, Without provocation has killed or inflicted severe injury on a person; or 2, Is determined by the person or Board designated by the county or nmunicipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection. b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. "Potentially dangerous dog” means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have: a, Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or b, Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or ©. Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack. “Owner" means any person or legal entity that has a possessory property right in a dog. "Owner's real property" means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. "Severe injury” means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization, The provisions of this Article do not apply to: Qa) Q) @) @) ‘A dog being used by @ law enforcement officer to carry out the law enforcement officer's official duties; A dog being used in a lawful hunt, A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or ‘A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. ‘The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a "potentially dangerous GS. 67-4.1 Page 1§ 67-4.2, Precautions against attacks by dangerous dogs. (a) Itis unlawful for an owner to: (1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog; (2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled, () If the owner of a dangerous dog transfers ownership ot possession of the dog to another person (as defined in G.S, 12-3(6)), the owner shall provide written notice to: (1) The authority that made the determination under this Article, stating the name and address of the new owner or possessor of the dog; and (2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination. (©) Violation of this section is 2 Class 3 misdemeanor, (1989 (Reg. Sess., 1990), c. 1023; 1993, c. 539, s. 332; 1994, Ex. Sess., c. 24, 8. 14(c).) GS. 67-4.2 Page 1§ 67-43. Penalty for attacks by dangerous dogs. ‘The owner of a dangerous dog that attacks a person and causes physical injuries requiring ‘medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor. (1989 (Reg. Sess., 1990), c. 1023; 1993, ¢. 539, s. 533; 1994, Bx. Sess., c. 24, s. 14@,) GS. 67-43 Page 1§ 67-4.2, Precautions against attacks by dangerous dogs. (a) Itis unlawful for an owner to: (1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog; (2) Permit a dangerous dog to go beyond the owner's real property unless the dog is Icashed and muzzled or is otherwise securely restrained and muzzled. (b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S, 12-3(6)), the owner shall provide written notice to: (1) The authority that made the determination under this Article, stating the name and address of the new owner or possessor of the dog; and (2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination. (©) Violation of this section is a Class 3 misdemeanor, (1989 (Reg, Sess., 1990), c. 1023; 1993, c, 539, s. 532; 1994, Ex. Sess., ¢. 24, s. 14(c),) GS.67-4.2 Page 1§67-4.3, Penalty for attacks by dangerous dogs. ‘The owner of a dangerous dog that atlacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor, (1989 (Reg. Sess., 1990), ¢, 1023; 1993, c. 539, s. 533; 1994, Bx. Sess., ¢. 24, s. 14(0).) GS. 67-43 Page 1Relevant Town Ordinances § 91.28 ENFORCEMENT OF CHAPTER. The provisions of the chapter shall be enforced by the Animal Control Officer, police officers, and other officers as may be authorized by the Board of Aldermen, under the operational supervision of the Police Department pursuant to policies established by the Board of Aldermen. (Ord., passed 9-28-78) § 91.29 PERSON RESPONSIBLE FOR DESIGNATING A POTENTIALLY DANGEROUS DOG. The Chief of Police is hereby designated as the person responsible for determining when a dog is a "potentially dangerous dog” in accordance with the provisions of G.S. § 67-4.1(c) (Ord. 1124, passed 11-15-90) § 91.30 BOARD RESPONSIBLE FOR APPEALS FROM A DECISION REGARDING A POTENTIALLY DANGEROUS DOG. The Board of Aldermen of the town is hereby designated as the board responsible for hearing appeals from a decision of the Chief of Police determining that a dog is a “potentially dangerous dog” as provided in G.S. § 67-4.1(c) (Ord, 1124, passed 11-15-90)NEW HANOVER COUNTY gonover, Sheriff's Office Animal Services Unit & iM 180 Division Drive o ce Wilmington, NC 28401 3 S TELEPHONE (910) 798-7500 FAX (910) 341-4349 a1 semi e PUBLIC RECORD’S REQUEST “tn order that we may provide the information requested in a timely manner, and in order to avoid the inadvertent release of confidential information, please provide the Following.” WE MUST HAVE A COPY OF A VALID DRIVERS LICENSE ATTACHED TO THIS FORM To be filed out by person requesting information: Today's Date: - DEB) Phone #__Q/2-295-7/ PS Address: __39/ Cavicway off Lipcode__S"¥e7 feo 9F Fequesting Information: es ites (YE vayoen ort boone Lert Cranes {0 PIX |! would like to request public information regarding the following matter(s): [21 twant to know who filed a complaint. against my pet(s) on (date) [)_Iwant to know who surrendered my animal to the shelter. [ET copy of a bite report we need Victim name or Owner of Animal) Date of Bite if known: c Uw Victim Name: Bhir= kerko LAL [1 other (please specify) Note: NC General Statute 130-143 states that ail information and records, whether publicly ‘or privately maintained, that identify a person who has or may have ‘reportable communicable disease or condition shall be strictly confidential. OFFICE USE ONLY ‘ATTACH COPY OF ANY RELEASED INFO OR RELATED DOCUMENTS TO THIS FORM Requested information from NHCASU database: nme hin Fear te sie 20 Pelican De UOgehnei.L« tosh Signature NHCASU Representative Oh ha i Lana __BITE NUMBER: B20-010781 ] Date reported to ASU: 09/18/2020 ACTIVITY NUMBER: ACTIVITY NO: A20-122756 - 4 DATE OF BITE: 09/18/2020 QUARANTINE END: 09/27/2020 JURISDICTION: INCIDENT LOCATION: 20 PELICAN DR WRIGHTSVILLE BCH Biting Animal information ANIMAL ID; A418108, KAI, 3 YEARS, SPAYED DOG BLACK AND WHITE, LABRADOR RETR MIX PRIOR BITES: N VALID VACCINATION: Y Biting Animal Taq Information ‘Type: RABIES CERT Number: U20-211920 Tag Exp: 09/19/2020 Vac Exp: 14/07/2021 Victim information JOHN C CHARKOUDIAN Seon oat (910) 679-4272 WILMINGTON, NC 28405 VICTIM AGE: 79 YEARS SEVERITY: MODERATE _ PART OF BODY BITTEN: CALF CIRCUMSTANCE OF BITE: WALKING BY ‘Animal Victim information ANIMAL ID: Owner Information JIM RATCLIFF 20 PELICAN DR (@10) 367-0189 WRIGHTSVILLE BEACH, NC 28480 Witness Information Quarantine information BEGIN DATE: 09/19/2020 BY: LOW LOCATION: HOME END DATE: 09/27/2020 ABATED BY: JMK nopsis ‘victim walking past house as owners came home and opened garage door not realizing dogs were in the garage. Dogs rushed out at victim & bit on leg. ems & wrightsville pd on scene.David Squires From: Shannon Slocum Sent: Friday, September 25, 2020 7:28 AM To: David Squires Subject: FW: Dog Attack - John Charkoudian Attachments: Dog Bite One 09182020,jpg; Dog Bite Two 09182020,jpg From: J. C. Charkoudian Sent: Tuesday, September 22, 2020 4:53 PM To: Shannon Slocum Cc: Autumn Josler ‘Subject: Dog Attack - John Charkoudian Ranger Slocum, ‘Thank you for your phone call today. 1 was "jogging" on Pelican Dr, heading east toward Johnny Mercer pier, at about 7:15 PM Friday, September 18th when 2 large black dogs suddenly attacked me, I was on the far side of the road opposite 20 Pelican Dr (next to the grass strip separating Pelican Dr and Salisbury Road), ‘One of the dogs tore a large piece of my right calf off of my leg, exposing my leg muscles. I bled profusely (see attached photos), WBPD and EMS responded to the incident, After WB EMS dressed the wound, WBPD gave me a ride to my car which was parked at Port City Chop House. I drove to my home about a mile away at 1924 Hallmark Lane. My wife transported me to the Cape Fear Hospital where I received stitches to close the wound. ‘These dogs carried out a vicious attack. Pelican Dr is highly populated with walkers and joggers. If the attack ‘was allowed to go on, even for 2 more minutes, extremely serious injury would have resulted. Rather than a 79 year old male, the attack could have been on a small child. ‘My objective is to minimize the chance that these dogs have to injure others in the future. With this in mind, 1 request a dangerous dog hearing before the WBPD. ‘Thank you for your assistance, John CharkoudianTown of Wrighisville Beach CIVIL PENALTY APPEALS DECISION Name: James £ Ratcliff It Date: 9/22/2020 Citation#: | __CC32596 Offense Date: 9/19/2020 Email: jratcliff@northstateaccoptance.com On the above date, you were issued a civil penalty citation for the following violation; $74.02 - impeding Traffic 1 §96.01 — Litter (General) & §97.17 - Dogs Running at Large §96.03 — Human Waste () §97.17- Animals on the Beach from 4/1-9/30 ) §97.0 - Loud Unreasonable Noise © §97.08 - Animal Waste 2 $97.02 - Musical instrument 10 PM-7 AM 2 §92.02 - Litter on the Beach ] §99.01 - Assembling on Sidewalk/Street 1 $92.03 - Glass on the Beach $130.03 Alcohol Violation ( §92.12~ Surfboard/Ski Violation ( $132.02 - Profane or Boisterous Language 1D §92.18- Unauthorized Vehicio on Boach O §___- other Chief's Decision: Thave received your appeal for the above violation and have reviewed all the evidence that was provided as well as the citing officer's statement. Based on all the evidence collected | have ruled the following; PRAPPEAL DENIED: The complainant failed to provide sufficient evidence to contradict or contest the servations of the citing officer and therefore have no basis for appeal. The complainant has @ period of 30 days from the date of this decision to make payment to the Town of Wrightsville Beach at the below address. (0 APPEAL UPHELD: The complainant was able to provide sufficient evidence to constitute an appeal. ‘No payment should be made and the ticket will be votded in our records management system. C0 CITATION AMMENDED: The civil citation has been amended to a lesser offense or one or more of the listed charges have been dropped. The lesser penalty is assessed at $. ELS, : Q4#2 2or0 Davie Squires, Oni orice Date of Decision Payment should be retumed by mail or in person to; The Town of Wrightsville Beach $21 Causeway Drive PO Box 626 Wrightsville Beach, NC 28460@ Town of Wrightsville Beach CIVIL PENALTY APPEAL vate: 9/220 Time: 09.5 2. Name: me, : ol FF address: LO Pelicas ive dA. AE EF¢FO Email Address: __j te CPE a cA fe CC AME, Corr jcatel PFO non the fete cece zeae ecisions regarding OW Penally Appeals wil be sent vi email Home Phone #: ceil Phone:_YO-2b -O/FF Citation #:_ DUSAW Gitation Date: A] \z Lapad Basis of Appeal (Describe in detail why citation should be dismissed): were lATown of Wrightsville Beach CIVIL PENALTY APPEALS PROCESS ‘The Town of Wrightsville Beach has adopted an Appeals Process for civil penalties pursuant to a violation of one or more of the Town's ordinances. If you received a civil citation and wish to appeal that decision, you must make that appeal to the Chief of Police within 14 days of the date of violation. The appeal will not be considered beyond the 14 day time limit to file an appeal ‘The following circumstances will not constitute a basis for appeal and will be denied; Lack of knowledge of the Town's ordinances or new to the area. ‘The citing officer could have issued a warning, ‘Signs listing prohibitions on the beach were not adequate. Did not see the signs listing prohibitions on the beach. ‘The amount of the civil penalty is excessive. Unable to pay the emount of the fine, The violator is a homeowner in Wrightsville Beach. The citing officer's conduct (See instructions below # §) Please follow the instructions below to ensure your appeal is heard in the designated time frame. Instructions: 1. Please fil out the enclosed form completely and have it notarized. The Chief of Police will not accept any appeals that have not been notarized. 2. Please use as much detail as possible concerning the events that you feel led to the issuance of the civil penalty. 3. Attach as many additional pages as you may feel necessary to fully explain events. You may ‘want to include any support documentation such as names and contact information for ‘witnesses, written witness statements, photographs or any other documentation you feel ‘would aid the Police Chief in making a fair and imparlial decision in this matter. 4, Once completed, return the enclosed form to the police department front desk or by mail to: Wrightsville Beach Police Department ‘Attn: Chief Daniel House P.O. Box 452 Wrightsville Beach, NC 28480 5. Ifyour appeal is based on an officer's conduct, do not use this form! Please contact the duly sergeant or the Uniform Patrol Division Commander for any complaint dealing with officer conduct. The desk receptionist will be happy to help you contact either of these individuals. ‘The Police Department Main Number is 910-256-7945. 6. Any payment of penalty is temporarily suspended once an appeal is filed. All appeals are reviewed and you will be notified by email if one Is provided otherwise you will be notified by ‘mail of the outcome of your appeal, which will include instructions regarding any payment of penalties. ‘Thank you for participating in our process. Please note that the Police Chief cannot change the amount of penalty, change a procedural policy, or change the elements describing a violation. These are functions of the Town of Wrighisville Beach's governing body and questions of concems covering these matters will not be addressed! under the Civil Penalty Appeal Process.(Attach additional pages as necessary) NOTARY | affirm that the information above is true gas correct to the best of my knowledge Signature: ‘The above signature must be notarized. The Chief of Police will not consider any appeal unless it has been notarized. state of Naw Conlin a County of _A22u9 Hanovel Tayo Neola Best — Noa Public for said County and State, do hereby cortty “Sax > personally appeared before me this day and acknowledged the due execution of the foregoing instrument. vines my hend and fia seal, th the cay of Septewloen 20 AC) Notary Public iy, BRUINS ‘danteTOWN OF WRIGHTSVILLE BEACH CIVIL CITATION ‘YOUR ARE HEREBY ASSESSED A CIVIL PENALTY FOR THE FOLLOWING OFFENSE(S) ‘Offense Date Offense Time Office's Name Location AvNeat Towa of State Zip ‘Wrightsville Beach Ne 25480 Di Written Warning. 1D Zoning Violation Cele aie) hers © civil Penalty Rear ewe Uli ‘Civil Penalties most be paid within 14 days of issuance 1, Mailed Drop Bova Person: “Town of Wrightevlle Beach, 321 Causeway Dr., Wrightsville Beach, NC 28480 15 Dogs and other aniraals prohibited on | Vehicle Type beach or other public property ID Animal waste on public or private Suate Vy taaName Midate 2, Online: www.townofwrightsvillebeach.com ee : | 59202 $250.00 96.03. st00.00 sn ince ’ [C1 Litering and smoking on beach [5 Humen waste on any street, lot or premises prohibited Ciy z pai ae 9601 $100.00 Jp 92.18 $100.00 [Cl Garbage or trash on public or private |) Use of vehicle on beach prohibited Phone Number Peg Date oF Bich Property PE ee z fOOR es kolos ¢9RI1 $91.12 $250.00 i o7.01 997.02 100.000 Race ‘Sex, | Social Security # ‘Ei Dogs running at large prohibited be offense $250.00 0 3rd Offense $500.00 1 i Construction outside of § am to 6 pm or ‘major holiday Ti Loud music and other noises 20 Days ina 180 day period property CiLoud, disturbing noises general 219 $250.00 i912, $250.00 1 Mooring/Anchor Vessels for more than | CJ Surfing without a leash License Pate? Swe | Yer [vine $100x ‘each Subsequent Day | Surfing or swimming in prohibited area = ~< Theva ‘fiaa's Nene (ota 7 130.03. $100.00 \s 99.01 $50.00 {Consumption or possession of alcoho! | EJ Assembling on sidewalks or streets Officers Signture 9.03 s100.00 s Glass on the Beach Dotter | al E Officer Notes: Failure to pay the penalty within 14 days after being cited for any violation shall subject the offender to a civil action in the nature of debt in accordance with the North Carolina General Statutes. VIOLATORWrightsville Beach Police Department Office of the Chief of Police Civil Citation #: €C32596 Date Citation Issue: | 9/18/2020 Date of Appeal: Officers Name: 9/22/2020 Slocum Officer’s Account (Brief description of incident) Please see attched statement from the Victim. Post Office Box 452+ 3 Bob Sawyer Drive Wh "Telephone 910.256.7945 - Fax 910.256.7918- Web: WWW.TOW ORGWrightsville Beach Police Department Office of the Chief of Police October 7, 2020 Mr. James L, Ratcliff lit 20 Pelican Drive Wrightsville Beach, NC 28480 Dear Mr. Rateli ‘One of my duties as the Chief of Police is to review complaints and conduct investigations into dog bites. | have a duty to determine whether or not a dog should be deemed dangerous or potentially dangerous under North Carolina General Statute 67-41. My review of the investigation into a bite involving your dog's, Kia (Labrador mix female) and Stella (Labrador female}, leads me to the following conclusions: 1. Your dog Kia was unprovoked and not on your property when she bit Mr. J. Charkoudian ‘on September 18", 2020, The bite caused Mr. Charkoudian to suffer a severe injury. 2. While your dog Stella did not bite Mr. Charkoudian, she was unprovoked and not on your property when she approached Mr. Charkoudian in a vicious or terrorizing manner in an apparent attitude of attack during the same incident. With these conclusions made; itis incumbent upon me to notify you that | have determined that both dogs (Kia and Stella) are dangerous dogs as defined in Chapter 67 of the North Carolina General Statutes, ‘As the owner of these dogs you have certain duties. In particular, North Carolina General Statute § 67-4.2 provides as follows: § 67-4.2, Precautions against attacks by dangerous dogs. (a) It is unlawful for an owner to: (1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog; (2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled, (b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S, 12-3(6)), ‘the owner shall provide written notice to: (1) The authority that made the determination under Post Office Box 452 3 Bob Sawyer Drive Wrightsville Beach »NC- 28480 “Telephone 910.255.7945 Fax 910.256.7918 - Webs: WWW.TOWS ORGthis Article, stating the name and address of the new owner or possessor of the dog; and 2) the person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination. (c) Violation of this section is a Class 3 misdemeanor. Chapter 67 of the North Carolina General Statutes contains other mandates and instructions regarding liability and penalties related to dangerous dogs and | strongly encourage you to become familiar with all of the mandates of Chapter 67. You have a tight to appeal this decision pursuant to North Carolina General Statute 67-4.1, Wrightsville Beach Ordinance § 91.30 BOARD RESPONSIBLE FOR APPEALS FROM A DECISION REGARDING A POTENTIALLY DANGEROUS DOG, identifies the Board of Alderman as the body that would hear an appeal of my decision in this matter. | have enclosed a copy of North Carolina General Statutes §§ 67-4.1 and 67-4.2 for your review. Please know that | am available to you if you have questions about this matter or if | can be of any assistance. With regards, ee David Squires Chief of PoliceTown of Wrightsville Beach Date; __ October 26, 2020 Time: 9:30 P.M. Name: James L. Rateliff, Il Address: 20 Pelican Drive Wrightsville Beach, NC 28480 Email Address: Jratelit@northstateaccoptance.com “Al decisions regarding Cv Penally Appeals wil bo son via mall Home Phone: Cell Phone; _ 910-367-0189 Citation #: Dangerous Dog determination (see alached) Citation Date: 09/18/2020 Basis of Appeal (Describe in detail why citation should be dismissed: Neither of the dogs determined by the Chief of Police to be dangerous per his letter dated October 7, 2020 (attached hereto) has previously been determined to be a dangerous dog. During the incident at issue, the dogs were initially inside the garage at 20 Pelican Drive and the door to the garage was closed. Mr. Charkoudian was apparently walking nearby, unbeknownst to me or to the dogs. Upon opening the garage door, the dogs did move to the edge of my property and near Mr. Charkoudian, Mr. Charkoudian kicked at both dogs. lam uncertain as to whether the incident occurred ‘on my property, just off of my property, or both. With respect to Stella, | believe it is undisputed that she did not bite Mr. Charkoudian. Furthermore, | dispute any assertion that Stella approached Mr, Charkoudian in a vicious or terrorizing manner an apparent attitude of attack. | deny that Stella's behavior violated any of the provisions of N.C.G.S. Sec. 67-4.1. Furthermore, while | do not dispute that Kia bit Mr. Charkoudian, it has not been established that Kia inflicted a bite on Mr. Charkoudian that resulted in broken bones or disfiguring lacerations or that Mr. Charkoudian required cosmetic surgery or hospitalization as a result of the bite pursuant to N.C.G.S. Sec. 67-4.1(a)(2)a. Following the incident at issue I was visited several times by Animal Control Unit officers and other law enforcement officials. Several of them remarked that they did not believe that either Kia or Stella was a dangerous dog. Furthermore, | followed all ofof the instructions of said law enforcement officials with respect fo quarantine and observation of both dogs. respectfully appeal the determination that my dogs Kia and Stella are dangerous dogs. Moreover, I request a hearing by the Board of Aldermen of this appeal (Attach additional pages as necessary) NOTARY 1 affirm that the information above is true and correct to the best of my knowledge Signature ‘The above signature must be notarized. The Chief of Police will not consider any appeal unless it has been notarized State of County of _ I ____Notary Public for said County and State, do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing instrument, ‘Witness my hand and official seal, this the day of, 2020 ‘Notary Public My Commission Expires:FORRESTFIRM Anon TTORNEY 125 5, Elm Street, Ste 100, Greensboro, NC 27401 + andrewbowman@torrestfirmcom + (336) 6602638 [p+f] October 27, 2020 Wrightsville Beach Police Department: Office of the Chief of Police P.O. Box 452 Wrightsville Beach, NC 28480 Via facsimile (910-256-7918) and hand delivery Re: James L. Rateliff, III - Dangerous dog(s) determination Dear Chief Squires: hope this letter finds you well. Please be advised that my law firm and I have been retained by James L. Ratcliff, III to represent his interests with respect to the determination made by your offico that Mr. Ratcliff's dogs Kia and Stella are dangerous dogs. A copy of your letter to Mr. Ratcliff is attached for reference. Attached please also find Mr. Ratcliffs formal appeal of this determination. By way of this letter and the attached appeal form Mr. Ratcliff formally appeals the determination that Kia and Stella are dangerous dogs. Furthermore, Mr. Ratcliff requests an appeal hearing before the Board of Aldermen pursuant to § 91.30 of the Wrightsville Beach Code of Ordinances. Should you have any questions or concerns regarding this appeal, please contact me at your convenience at 336-660-2638 or andrew. bowman@forrestfirm.com Very truly yours, Ose Andrew B. Bowman Asheville Charlotte Durham Greensboro Greenville Raleigh Wilmington Winston-Salem ‘ew forrastfirm.com