i can hear you now the purpose and function of the Jacksonville Beach special magistrate hearing in accordance with Florida statutes chapter 162 and the city of Jacksonville Beach code of ordinances is to reach an equitable expedition to enforce the codes the city presents the violation
and evidence to the special magistrate next the property owner is sworn in and responds to the violation and evidence both the city and the property owner may call witnesses to provide sworn testim test testimony relevant to the case this is a quasi judicial hearing not a public
forum individuals not called as sworn witnesses will not be heard thank you thank you very much um we're here today on uh case there's several case numbers so I'm just for the
record going to uh announce those case numbers um the first one is C A D that's C as in Charlie a D as in David number 230717022 that we have a number of CCR
numbers so bear with me 23 0000 2983 2300 0 33 2 1 2 3
0 3680 that's 3680 number 2400 0184 2 4 002426 2 400 02863 25
0000 excuse me 2500 z00 zero zero 57 and then we also have one I believe it's F as in Frank
242 55 92 and the U owners are Sandra and Fernando Reelen R E A L I N
um and I believe we will start with the city um so if you'd like to make a statement please and uh you'll need to be sworn in please raise your right hand do you swear or affirm that the testimony you're about to give in this matter is
the truth the whole truth and nothing but the truth to help you God yes please state your name and position my name is animal control officer Craig with Jacksonville Beach Animal Control uh you may proceed so just a brief summary of the incidents
that we have involving Fatboy the Rottweiler uh just a quick note beforehand in all of these incidents it is Fatboy accompanied by a female Rottweiler Leica leica is not a part of this investigation we in our individual
analysis of the dogs determined that Fatboy is the primary aggressor thank you so our first interactions with the dogs was in July it was July 17th of 2023 this was my first interaction with
the dogs both Fatboy and Leica were found running at large they were in some other the complainant who called us his name was Mr kenir he called us to inform us the dogs were in his front yard he has a fenced in front yard upon arrival
to the scene I went and approached the dogs and the male Rottweiler Fatboy was very aggressive growling and barking at me through the fence i determined it was not going to be safe for me to go and approach the dog so I attempted to contact the owners which was Fernando
and Sandra Railen they were both home so both went and retrieved the dogs from the front yard they leashed them brought them home without incident and excuse me do you recall who who actually came and retrieved the dog both Fernando and Sandra Raylin were both home to retrieve
the dogs thank you our second incident with the dogs was a month later on August 5th also of 2023 this was in the area of Tallwood Road in reference to both Rottweilers running at large again when we when animal control arrived on scene both dogs were still
observed to be running at large the animal control officer on scene was able to catch both of them with just a standard leash and the female Rottweiler loaded up in the vehicle easily fatboy was not able to be loaded up in the vehicle initially so a police officer was called as backup and between the two
of them then they were able to get them in the back of a patrol car at which point then they were impounded at animal control and from there Fernando Railen was the one who came and picked the dogs up from animal control our third incident with the dogs was
that same month in it was on August 30th of 2023 animal control once again responded to Mr kenir's front yard he lives a few houses down at the 1014 Penman Road address uh Mr kenir had both dogs in his
front yard again he uh stated that they had come through under his fence fat Boy once again was aggressive barking uh and growling through the fence at us so we went back to Fernando and Sandra Railen's house at that point it was only Sandra Railen that was there
so Sandra Railen came to come collect both dogs she was able to leash them no problem and I helped assist Sandra Railen bring the dogs back to her residence physically with the leashes and the dogs followed her with no incident and were brought back home
on the next incident is about a month later that'll be on September 24th of 2023 the Rottweilers Fatboy and Leica were again found running at large uh but this time Fatboy had been reported to have bitten an
individual so the individual who was bitten was Miss Hines she lives two streets away on 1729 12th Avenue North she reported that she was standing in the doorway of her own house speaking with two of her neighbors when they were trying to figure out where the dogs had
come from and who they belonged to when the female Rottweiler Leica had run into her home and Fatboy had bitten her on the hand on the excuse me on the hand yes okay on the hand and the wrist so Hine sustained two puncture wounds to
her hand and wrist um it was a minor bite and one of her neighbors has helped get the female Rottweiler out of her house at which point both Rottweilers began running at large again until Fernando was able to come by in his truck and pick them up
our next incident with the dogs so after he excuse me after he bit Miss Hines he he ran off again but Leica was still in the house so they got Leica out and then they're both running free yes again okay
how do you know that it was Fernando that came how did that come about that had you contacted the the railins yeah so the victim who had the dog bite as well as her two neighbors saw that he had come and picked up the dogs so they
attested to it so our next incident with the dogs was the following year in June it was on June 7th of 2024 it was both Fatboy and Leica again running at large this time we responded
to 1729 12th Avenue North this was again Miss Hines address uh Miss Hines had called us because they were in her back porch area of her home the animal control officer on duty when he did approach the address he observed for the
dogs to be breaking through her screened in patio excuse me um officer crusher who was the uh animal control officer that you're referring to it'd be animal control officer Michaels michaels yes
okay so the animal control officer was able to catch Leica with the leash and put her into his vehicle fatboy was upon seeing him very aggressive and attempted to bite him so he had to use a catch pole to secure him and put him in his
vehicle uh Miss Hines at that point did let us know that she was afraid of the dogs and she had had previous encounters with him which would be when she was bitten previously uh Fernando Railen was again the one who picked them up at animal control to bring them back to his
house our next incident with the dogs was a month later on July 22nd 2024 animal control uh became aware of an incident at Miss Love's house miss Love lives at the house immediately next door
to the Railins at 10:38 Penman Road she informed us that she had seen two Rottweilers on her security cameras at about 3:00 a.m in her backyard and upon going outside she noticed that the fence of her backyard was broken in two
different places so we had went and we confirmed with the Railins the dogs were already back home there was no incidents with people uh and that same day we got another call of another homeowner who lives the street behind Railen on 10 or
at 10:39 16th Street North and his name was Mr margodana margodana also observed for the dogs to be in his backyard at about 3:00 a.m that day uh and he also sustained property damage to his fence as well uh in both incidents we were able
to confirm the dogs were Fat Boy and Leica through viewing their home security footage the next incident is on is about a month later on a on August 1st 2024
we again responded to Miss Love's property uh which is 1038 Penman Road uh about Fatboy and Leica running at large she was again able to show us through her security cameras that both dogs were in her backyard and caused damage to her fence
again by the time animal control arrived on scene the dogs were already back home with Mr and Mrs railen so there was no incidents with people there our next incident with the dogs was about a month later from that on September 28th
2024 uh this was Miss Love complaining that Fatboy and Leica had been led out of their property while fence workers were working on the fence and both dogs acted aggressively towards fence workers the uh people who were working on the
fence claimed that they were afraid of the dogs and ran away but refused to give statements so we do not have anything other than this love statement and there was no injuries at that incident either our most recent incident with the dog was this year on January
4th 2020 this year 2025 uh and it was at Miss Love's property again which is 1038 Penman Road this was in reference to both dogs in her backyard they had allegedly pushed through the electrical fencing that keeps them in their yard and dug through their fence to enter
Love's property love stated that when she noticed the dogs were in her backyard they acted aggressively towards her and her family in their own residence uh off uh Love called police for them to come and respond to the
scene officers were able to contact Sandra Railen at her residence about the dogs and she attempted to come next door to collect the dogs and was able to leash them but was not physically able to control them so when the fence was
opened so that she could walk them back to her property she lost control of them and they began running at large again during the second time that they were running at large officers were attempting to help catch the dogs and Fatboy was showing signs of aggression towards all of the officers by growling
and chasing them specifically he chased one officer around his patrol vehicle which he had to jump on top of to escape Fatboy eventually Leica was able to be caught and was brought back in the residence using a catch pole fat boy was also able to be caught and brought back
and there was no bites or physical injuries from that incident either so based on all of these incidents we do think that when not in control of his owner or not with an owner Fatboy has on multiple occasions
aggressively approached people on the street and that he is capable and willing of biting a person so it's for this reason that we believe Fatboy should be designated a dangerous dog and Leica not designated a dangerous dog at this time
okay thank you very much um who was the officer that Fatboy chased on January the 4th that was going to be one of our police officers he did not do a report but other officers wrote reports and
statements witnessing it as well as Miss Love and the other residents of her house okay I don't have any other questions at this time um are Sandra or Fernando Railen here now okay um would you like
to come forward and make any statements please you'll have to be sworn in first and if you'll just tap the button on the microphone it'll turn it green perfect please raise your right hand do you swear or affirm that the testimony you're about to give in this matter is
the truth the whole truth and nothing but the truth to help you God i do please state your name and address fernando Rean 9932 Ley Road what city is that 9932 in Jacksonville
jacksonville yes ma'am 9932 and is it spelled L A H E Y l E A H Y uh just for the record I I need to know have you moved from Yes ma'am
um from the Penman Road address my That's my mother's address she lives there i live is Sandra your mother yes okay okay i'm ready to listen okay ma'am I uh I just want to tell you Fat Boy is
actually my mom's dog i made the mistake of getting her the dog because she wanted unfortunately a Rottweiler and the Rottweiler has gotten too big for her to handle but if I am permitted to take the dog I could take
the dog to my property which is a fully fenced in yard and we are in the process of putting an electrical fence also i have pictures of the yard if you'd like to see it i uh yes I would can I bring it to you yes please
so I see for the record and we'll have to get you to send this picture to the city um I see a kind of a rot iron fence this is the front
okay and then the back then it's a white vinyl fence six feet tall how tall is the front yard fence it's about four feet i would say about three to four okay but if you see the
back the whole back and front of the house towards the back it's all enclosed with the sixoot vinyl fence is is so you've shown me I've seen the
first picture of the front yard the second shows the fence along the side of the driveway and then this third photograph shows the backyard it's not 100% clear but that the fence goes away all the way around
but it appears that it is does the white vinyl fence connect to the black rot iron fence in the front yard as you see
Wait um I'm not sure that what you're saying to me is picking up my question was about the connection and you said they're not connected to the black rot
iron fence the front yard of the black iron fence is from a certain point and then the vinyl fence comes into the front of the houses this way and all the way around so it's a big
rectangle completely sealed off okay what I'd like you to do is take these three photographs and show them to Miss Crash to the animal control officer um Mr railen is there anything else that
you want to say about Fat Boy no ma'am i I mean the evidence speaks for itself i mean but just like I said if I am permitted to take him with me i'm sorry i didn't hear what you just said like I said if I'm permitted to
take him with me I could take him as soon as today and he will be in a big yard where he could run play and exhaust himself okay so that's your proposal is to
relocate Fat Boy to the Lehey address yes someone will always be with him at all times since I'm at home at all times now and uh are there other people in your home my wife okay
um no children no children okay i'm gonna ask um Miss Officer Crash to um come back to the mic and um I'd like to hear what the city's uh
recommendation is um there's some concern that I still have some concern about the dog being in another location um it does appear from the photographs that there's
a fence but um we the the state law requires that if a dog is declared dangerous that wherever that dog goes must be uh the that new jurisdiction
must be advised so um let's see what Officer Crash is uh recommending at this stage so I do see the fence i think with the issue with Fatboy is that Fatboy has broken through the sturdy wood fence
that you had before because I know you guys did have the wood fence he had the electrical fence as well and he's a big boy and he does appear to be able to go through it well if you if you remember or if you know When the electrical fence
was there he never broke out it was when they went to put in the wooden fence that the people who were putting the wooden fence from the neighbor they broke the electrical fence mr excuse me Mr i know you're trying to
talk to each other but I need you to speak into the microphone because I can't hear you okay when we had the electrical fence on up he never broke out okay let me stop you right there yes I understood at one time
that you did have the electrical fence on but he still got out that's when we let the neighbors put their fence up that we put in our dogs they destroyed the fence they destroyed what fence the
electrical fence the neighbors did the neighbor the well the neigh the contractor who they hired and I was working out of town at the time and my mother didn't notice that it was completely destroyed so when she let the dogs back
out that very night is when they got out did you live there at the time no you were already living at Lehey correct and so the dogs were at your mother's but just temporarily or Well Leo is my
dog fat Boy is my mom's okay okay so I had Leo with me and I would have taken Fat Boy but I got the letter that we couldn't take him yet that he had to stay at the
residence where he's at currently but that's how the now that was the last in I apologize why were they both staying at your mother's house i mean I was staying there shortly but then where I was renting before I moved to Lehey I
couldn't have a dog and we were in the process of buying and until we bought the house that's when on Lehey yes you own that property now yes okay so there's still a concern that a dog could
break through or get dig under or break through the the white vinyl fence and clearly I'm pretty concerned about the front yard only being you know rot iron fence well if you see the picture the
house in front where the front starts it has the vinyl fence and we are currently in the process of putting an electrical fence also which will help to a certain extent obviously
when do you think that the electrical fence will hopefully by this weekend we'll have it up so I what is your I wasn't clear about your response about the rot iron fence with the openings the rot iron fence only is only on the sides
of the front and the front the actual front of the house can't he get to the front the front of the house that is has the vinyl fence on both sides leading up to the house okay
so he you're what you're saying is that he wouldn't be able to access the front yard he won't be able to access the front under normal conditions correct unless he got out the front door or dug
un got through the vinyl fence okay um Officer Crash you started to say about the fence that you go please proceed so I do think that Fatboy should still be considered a dangerous dog but
I do also agree that if Mr mr railen does want to take custody of the dog that it would probably align better with everybody's well-being and being able to physically take care of the dogs but I do still think that we need to declare
him a dangerous dog only because he has shown that he is capable of going through the fence so I do think that is how we should go forward but if your fence is six foot and it does it is fully enclosed that would meet that part of the dangerous dog restrictions so I
do think that with a few other alterations you would be capable of keeping him at your house in Jacksonville um thank you um you have said you're going to install the electric fence where do you plan to
install the electric fence what portion or the whole the whole border from the sides to the long sides to the back the whole border of the house so that would not include the front yard it would just
be basically where the white vinyl fence is correct because the backyard like I said it butts up to the house so the electric fence would be the whole perimeter of the house of the backyard
may I see the picture of the front please and have you s would you like to see it again also oh I I know what he's talking about okay thank you here's the front yeah butts up
is that an opening though what what is the door open oh the the gate to the driveway and then let me look on this side okay I can see that one and is there a gate on this side too
or Okay now it looks like the gates right now are open in this photograph you'd have to keep those gates shut all the time okay i'd like Miss Officer Crush
just to um make sure she's sees the gates on both sides so behind the RV here on the right side that's the gate behind it that's and
then same you can kind of see where there's a gate on that side also okay thank you um I I'm going to
rule that the dog is should be will be declared dangerous okay i'm going to also rule that uh the dog is to be relocated to Lehey to your address Lehey Road i
believe you said I'm going to order that the electric fence must be installed no later than um I I thought perhaps let's see today is Tuesday so I was thinking a week from
today okay be I know that there's holidays in here so maybe we'll I'll go further than uh 10 days uh which would be Friday April 25th um the dog needs to be relocated
today okay um and I will need you to confirm through a photograph um that you provide to officer crush um that the dog is relocated showing the
dog at your residence on Lehey um and that the dog may not live uh may not return to your mother's home and as a result of declaring that the
dog is dangerous the city will be advising the city of Jacksonville that the do a dangerous dog has relocated to your address you will need to keep those
gates for the vinyl fence closed at all times okay um I suppose there'll be times that you need that gate open when the gate is open you'll have to restrain the dog in some manner so that dog can't simply
walk out the gate in spite of the electric fence yes but still to um give kind of a make sure that the dog doesn't just run through the electric fence
um I'll require you to comply with state law um and I don't believe that fat boy should be allowed to go into any dog parks
um I probably don't have authority to rule against the the Well I'll have to think about it whether I can have the authority to restrict the
dog from dog parks outside the jurisdiction of of Jacksonville Beach but certainly not in Jacksonville Beach um and there are some other requirements under the uh city and state law that
you'll be required to comply with um I think that sounds I think that it sounds to me like when you are there based upon the testimony when you are there with Fat Boy you can control
Fat Boy will you also keep Leica at your home or is your mom gonna keep Leica you're gonna Leica's been at my house okay with me okay I'm going to Do you have any questions no
um Officer Crush is there anything that either Mr brillan or I have have forgotten uh I did just want to do or have some clarification if the dog is moving today are we going to wave the requirement for the dog to be registered
in our city or in addition to Jacksonville or wave i I think um it would be good to have the dog registered in both cities um can we I think there's a $50 fee for that is
it I'd like to wave um the payment of the $50 fee um I'm glad that you're installing the electric fence and um I know that that costs a lot of money so um I'd like to wave the
$50 um you will have to keep that proper enclosure that's going to be very important um going forward um is there anything else no okay
um will you get with with uh Mr wheel Officer Crash about registering the dog yes okay and then you will be um also um doing whatever steps are necessary to
register to report the dog to the Jacksonville yes okay so that's how I'm going to rule there will be a formal um you know order in respect to this i will send it to
both the Penman Road address is your Is your mother going to stay at the Penman Road address yes okay and then I'll send it both to Penman Road and to your address okay on ley the or actually
it won't be me it will be the city we'll be sending it um and I just want to thank you for being here and agreeing to be a responsible dog owner and um it's taken
a while but I think that the move to Lehey where the fence exists this and you're going to add the electric fence it sounds like and it looks like a large backyard so I think it looks like a a
good place for Fatboy yes thank you okay thank you very much um I don't have anything else officer Crusher is there anything else nope that is it okay thank you Mr villan for being here and thank you Officer Crash um that's the end of
this hearing thank you um I believe there's no other matters is that correct okay so that's the end of uh the we're we're adjourned for the day thank you
so you want to get the paperwork done today before you leave