Document for xxxxxxx xxxxxx VS. SAN FRANCISCO ANIMAL CARE AND CONTROL

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DENNIS J. HERRERA, State Bar #139669

City Attorney

CHERYL ADAMS, State Bar #164194

Chief Trial Deputy

MARGARET W. BAUMGARTNER, State Bar #151762
Deputy City Attorney

Fox Plaza

1390 Market Street, 6th Floor

San Francisco, California 94102-5408

Telephone: (415) 554-3859

Facsimile: . (415) 554-3837

E-Mail: margaret.baumgartner@sfcityatty.org

Attorneys for Respondent

CITY AND COUNTY OF SAN FRANCISCO
(erroneously sued as San Francisco Animal Care
and Control)

ELECTRONICALLY

FILED

Superior Court of Catifornia,
County of San Francisco

11/07/2018
Clerk of the Court
BY: REGINA DENNIS
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
xxxxxxx xxxxxx, Case No. CPF-18-516339
Petitioner, ADMINISTRATIVE RECORD

vs.

SAN FRANCISCO ANIMAL CARE AND Date Action Filed: | September 18, 2018

CONTROL, Trial Date:

Respondent.

 

Not set.

 

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Attached is a what defendants assert is a true and correct copy of the Administrative Record

from the Vicious and Dangerous Dog Hearing on May 31, 2018.

Dated: November 7, 2018

DENNIS J. HERRERA.

City Attorney

CHERYL ADAMS

Chief Trial Deputy

MARGARET W. BAUMGARTNER

Deputy City Attorney

By:_/s/ Margaret W. Baumgartner
MARGARET W. BAUMGARTNER

Attorneys for Respondent
CITY AND COUNTY OF SAN FRANCISCO

 

Administrative Record - Case No CPF-18-516339 MHA TRI NAKANIR1772A Arey,City & County of San Francisco
City Attorney’s Office

xxxxxxx xxxxxx v. CCSF
CPF-18-516339

     
       

ADMIN RECORD
xxxxxx ADMIN RECO

RD_000001
05/31/2018 He

aringS.F.P.D. Vicious & Dangerous Dog Unit

THIS FORM IS TO REQUEST A HEARING ONLY-IT IS NOT A POLICE REPORT.
COMPLAINT OF VICIOUS AND DANGEROUS DOG (San Francisco Health Code Section 42.3)

This form is to be signed by a person who believes that a dog is vicious and dangerous.
Pursuant to San Francisco Health Code Section 42.3, once a signed complaint that a dog is
vicious and dangerous is received by the Animal Control Officer or a representative of the
Department of Public Health or the San Francisco Police Department, a designated employee of
those departments may find a dog presents a danger and is subject to seizure and
impoundment if the dog is on its owner, keeper or harborer’s property.
If the designated employee finds that a dog presents a danger, the owner or keeper of the dog
will be entitled to a hearing to determine whether the dog is vicious and dangerous. The
hearing may be held either before or after the dog is seized, depending on the circumstances of
the case.
“Vicious and dangerous dog” is defined as follows: (1) Any dog that when unprovoked inflicts
bites or attacks a human being or domestic animal either on public or private property, or in a
vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the
streets, sidewalks, or any public grounds or places; or (2) Any dog with a known propensity,
tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety
of human beings, or domestic animals, or (3) Any dog which engages in, or is found to have been
trained to engage in, exhibitions of dog fighting; or (4) Any dog at large found to attack, menace,
chase, display threatening or aggressive behavior or otherwise threaten, or endanger the safety of

any domestic animal or person. (SF. Health Code Section 42 (a).
NOTE: A Copy of this complaint may be given to the owner or keeper of the dog. (Ase ff (4 0
paTE oF IncivenT: __2 [10 ]/ ¥ Police Report # LED IO - Sb/
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NAME OF COMPLAINANT(S):

  
 
  
  
 
 

ADDRESS:

DOG in question:

Color/Description

 

Name _____.
OWNER of dog:

Name __.

Address:

PLEASE EXPLAIN WHY YOU BELIEVE THE DOG IS VICIOUS AND DANGEROUS -
On back of this page. You may attach a separate statement which must also
be signed and dated.

DATE: [2bfi ke Signature:

Phone:(415) 553-9182 V.D.D.U, FAX: (415) 242-3021
Email: SFPDdangerousDogs@sfgov.org.
Park Station 1899 Waller St. San Francisco, Ca 94117

 

 

xxxxxx ADMIN RECORD_000002S.F.P.D. Vicious & Dangerous Dog Unit

Statement of Complainant:

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Signature of Complainant

 
 

Phone:(415) 553-9182 V.D.D.U. FAX: (415) 242-3021
Email: SEPDdangerousDogs@sfgov.org
Park Station 1899 Waller St. San Francisco, Ca 94117

xxxxxx ADMIN RECORD_ 000003xxxxxx ADMIN RECORD_000004San Francisco Police De :ment City and County of San Francisco

 

Vicious and Dangerous Dog Unit

 

 

 

NOTICE OF HEARING

May 15, 2018

Dog Owner/Guardian:
xxxxxxx xxxxxx

255 San Carlos St.

San Francisco, CA 94110

Dog(s): “Fezzik”: A#373581, A Pit Bull Mix Dog.

Notice to Owner of Dog(s): A Vicious and Dangerous Dog Hearing will be

held on May 31, 2018 at 12:30 pm at San Francisco City Hall (Polk/Grove
Sts.), Room # 408 in order to determine if the above dog(s) is/are vicious and
dangerous.

Thank you for your cooperation in resolving this matter.

Purpose of the Hearing: The purpose of the Hearing is to determine whether

your dog is “Vicious and Dangerous”. See Health Code Article 1 Section

42(a), attached.

FOR YOUR INFORMATION:

If your dog is determined “Vicious and Dangerous”, a number of orders may

ensue depending upon the evidence presented:

1. The dog(s) may be ordered destroyed;

2. The dog(s) may be ordered to be registered as “vicious and dangerous” per
Section 42.2 (attached).

Pel

xxxxxx ADMIN RECORD_000005

Park Station
1899 Waller St.
San Francisco, CA 94117

Phone: (415) 553-9182

Fax: (415)242-3021
SEPDDangerousDogs@sfgoy.org
www.sanfranciscopolice.org/dogsNotice of Hearing
Pg. 2

Continued: :

3. The dog(s) may not be declared vicious and dangerous. However, the
Hearing Officer can impose certain conditions and/or restrictions on your
animal(s).

Legal representation is not required. However, if you feel that your legal
representative should attend, please notify our office prior to your hearing
date.

Accessibility Policy: To ensure participation of the disabled public, the
following is available upon request: American Sign Language interpreters;
Sound Enhancement System; Accessible Seating for persons with disabilities,
including those using wheelchairs.

*Tf your dog is in custody at Animal Care and Control, you will be responsible
for all fees. Mandatory fees will include Keep and current vaccinations. Others
fees if applicable may be Micro-chip, Spay/Neuter surgery.

If a temperament test is ordered by the Hearing Officer to be done by anyone

other than an Animal Care and Control staff member you will be charged his
or her fee for this evaluation at the time of the temperament test.

To allow individuals with enviornmental illness or multiple-chemical
sensitivity to attend, individuals are requested to refrain from wearing perfume
or other scented products.

All Hearings are recorded-AUDIO only.

If you have any questions about the hearing, or if you need any of the
accessibility accommodations, please call Officer Ryan Crockett at 553-9182

at least 72 hours prior to the Hearing. Late request will be honored, if possible.

Attachment: San Francisco Health Code Article 1, Sections 42 through 42.3

xxxxxx ADMIN RECORD_ 000006PROOF OF SERVICE

I, Officer Ryan Crockett, declare as follows:

lam a citizen of the United States, over the age of eighteen years and not a party to
the within entitled action. I am employed at the Police Department of San Francisco, Park
Station, 1899 Waller Street, San Francisco, CA 94117. On the below listed date, I served
the attached:

NOTICE OF HEARING

To the interested parties in said action, by placing a true copy thereof in
sealed envelope(s) addressed as follows:

xxxxxxx xxxxxx
255 San Carlos St.
San Francisco, CA 94110

I caused true and correct copies of the above documents, by following ordinary
business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at
Park Station, 1899 Waller Street, San Francisco, CA 94117, in the outgoing mail collection.
Pursuant to San Francisco Police Department procedures, the mail is collected, first class
postage attached, collected by the mail carrier, and delivered to the above addressed
individual.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed May 15, 2018 at San Francisco, California

Pg3

  

fe. Ryan Crockett #1516
Vicious/Dangerous Dog Unit

xxxxxx ADMIN RECORD_000007Attachment: Applicable San Francisco Health Code Sections
(should be eight (8) pages total)

As used in Sections 42 through 42.5, inclusive, the following words and terms shall have
the following meanings, unless the context shall indicate another or different meaning or
intent:

(a) "Vicious and dangerous dog" means:

(1) Any dog that when unprovoked inflicts bites or attacks a human being or domestic
animal cither on public or private property, or in a vicious or terrorizing manner, approaches
any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds
or places; or

(2) Any dog with a known propensity, tendency or disposition to attack unprovoked, to
cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(3) Any dog which engages in, or is found to have been trained to engage in, exhibitions of
dog fighting; or

(4) Any dog at large found to attack, menace, chase, display threatening or aggressive
behavior or otherwise threaten or endanger the safety of any domestic animal or person.
(b) "Vicious and dangerous dog" does not mean:

) Any dog that attacks or inflicts bites upon a trespasser of a fully enclosed building;

or

(2) Any dog used in the military or police if the bites or attack occurred while the dog was
performing in that capacity.

(c) "Enclosure" means a fence or structure of at least six feet in height, forming or causing
an enclosure suitable to prevent the entry of young children, and suitable to humanely
confine a dog with adequate exercise area, and posted with an appropriate warning sign, in
conjunction with other measures which may be taken by the owner or keeper.

(d) "Animal Control" means any person designated under the Administrative Code as the
City Pound Keeper or Animal Control Officer.

(e) "Impounded" means taken into the custody of the City pound.

(f "Person" means a natural person or any legal entity, including but not limited to, a
corporation, firm, partnership or trust.

(g) "Hearing officer" means any designated representative of the Department of Public
Health or the Police Department who conducts a hearing pursuant to Section 42.4. (Added.
by Ord. 408-87, App. 10/9/87)

SEC. 42.1. FIGHT TRAINING PROHIBITED.

It shall be unlawful to fight-train, keep, harbor, transport through the limits of the City and
County of San Francisco, own, or in any way possess a dog for the purpose of dog-fight
exhibitions. Scars and wounds are rebuttable evidence of participation in dog-fight
exhibitions or training. "Fight training" is defined to include but not be limited to:

(a) The use or possession of treadmills unless under the direction of a veterinarian;

(b) Actions designed to torment badger or bait any dog for purpose of encouraging said dog
for fight exhibitions;

(c) The use of weights on the dog unless under the direction of a veterinarian;

(d) The use of other animals for blood sport training:

(e) Any other activity the primary purpose of which is the training of dogs for aggressive or
vicious behavior or dog-fight exhibitions.

(Added by Ord. 408-87, App. 10/9/87)

Pg4

xxxxxx ADMIN RECORD_000008SEC. 42.2, REGISTRATION.

Any dog found to be vicious and dangerous either as a result of (1) the actions of the dog
constituting vicious and dangerous behavior occurring in the presence of an animal control
officer, or representative of the Department of Public Health or Police Department; and

upon finding after hearing under Section 42.3; (2) a signed complaint or a verbal complaint
with corroborating evidence by an animal control officer or representative of the
Department of Public Health or Police Department; and (3) upon a finding after hearing
under Section 42.3, shall be registered with the Department of Animal Care and Control.
All such dogs shall be registered within 10 days of the effective date of the finding. The
Department of Animal Care and Control shall establish a registration fee of $250.
Furthermore, the keeping of a registered dog shall be subject to the following conditions: (a)
Permanently Affixed Identification Number. The owner, guardian, or keeper shall have the
licensing number assigned to such dog, or such other identification number as the City shall
determine, permanently affixed to the dog by a licensed veterinarian or other Department
authorized agency/individual on the dog's upper inner lip, inner thigh or elsewhere as
directed by the Department of Animal Care and Control. For the purposes of this section
"permanently affixed" shall be defined as any permanent numbering of a dog by means of
indelible or permanent ink or by microchip with the number designated by the Department
of Animal Care and Control, or any other permanent method of affixing the identification
number acceptable to the Department of Animal Care and Control.

(b) Display of Sign. The owner, guardian or keeper shall display a sign on his or her
premises warning that there is a vicious and dangerous dog on the premises. Said sign shall
be visible and capable of being read from the fronting street or public highway.

(c) Confinement Indoors. No registered dog may be kept on a porch, patio or in ally part of a
house or structure that would allow the dog to exit such building on its own volition except
to a secured enclosure. In addition, no such dog may be kept in a house or structure when
the windows are open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.

(d) Confinement Outdoors. When outside, all registered dogs shall be confined in a secure
enclosure, except when necessary to obtain veterinary care or to comply with commands or
directions of a City official. All such enclosures must be adequately lighted and ventilated
and kept in clean, sanitary, and humane conditions.

Whenever necessity requires a registered dog to be outside of the enclosure, the dog shall be
securely muzzled and restrained with a chain having a minimum tensile strength of 300
pounds and not exceeding three feet in length, with handgrip, mid shall be under the direct
control and supervision of the owner, guardian or keeper of the dog.

(e) Reserved.

(f) Identification Photographs. All owners, guardians, keepers or harborers of a registered.

dog must, within 10 days of the effective date of this ordinance, provide to the Director of
the Department of Animal Care and Control or his/her designee, two color photographs of
the registered animal clearly showing the color and approximate size of the animal.

Pgs

xxxxxx ADMIN RECORD_000009(g) Reporting Requirements, All owners, guardians, keepers or harborers of a registered dog
must, within 10 days of the incident, report the following information in writing to the
Director of the Department of Animal Care and Control or his/her designee:

(1) The removal from the City or death of a registered dog;

(2) The new address of a registered dog owner or guardian should the owner or guardian
move within City limits.

(h) Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other
way dispose of a dog registered with the City to any person within the City; provided that
the owner or guardian of a registered dog may sell or otherwise dispose of a registered dog
or the offspring of such dog to persons who neither reside within the City nor intend to train,
keep, harbor, own, or in any way possess such animal in the City providing written approval
of such sale or transfer by an authorized officer or employee of the city or county where the
dog is intended to be kept.

(i) Violation of Registration Requirements. It shall be unlawful for the owner, guardian,
keeper or harborer of a dog registered with the City to fail to comply with the requirements
and conditions set forth in this ordinance regarding registration. Any dog found to be the
subject of a violation of these registration requirements shall be subject to seizure and
impoundment. In addition, failure to comply will be cause for the revocation of the license
of such animal resulting in the immediate removal of the animal from the City.

(Added by Ord. 408-87, App. 10/9/87; amended by Ord. 5-03, File No. 021645, App.
1/24/2003; Ord, 267-05, File No. 051606, App. 11/22/2005)

SEC. 42.3. SEIZURE OF DOG: HEARINGS.

(a) Subject to Seizure. Upon the receipt of a signed complaint, or upon the personal
observation of an Animal Control Officer, or a representative of the Department of Public
Health or Police Department, that a dog is vicious and dangerous, and said dog is on its
owner, guardian, keeper or harborer’s property, the Animal Control Officer, or the
Department of Public Health or Police Department representative, may find the dog presents
a danger and is subject to seizure and impoundment. Upon a finding that the dog is subject
to seizure, written notice of such finding shall be made to the owner, guardian, keeper or
any adult in apparent control or possession of the dog. Prior to the seizure of the dog, the
owner, guardian, or keeper of the dog shall be entitled to a hearing as described in paragraph
(c) of this section.

(b) Immediate Seizure.

Gi) Should any Animal Control Officer, representative of the Department of Public Health or
the Police Department determine that probable cause exists to believe that a dog is vicious
and dangerous and cannot be properly controlled; such dog is subject to immediate seizure.
The owner, guardian, or keeper of the dog shall be entitled to a hearing upon seizure as
described in paragraph (c) of this section, and upon the hearing the owner or guardian of any
dog found to be vicious or dangerous shall be assessed the costs of sheltering the dog and of
administering the ordinance.

Gi) Upon the receipt of a signed complaint, or upon the personal observation of an Animal
Control Officer, or a representative of the Department of Public Health or Police
Department, that a dog has killed or wounded, or assisted in killing or wounding any
domestic animal, or has attacked, assaulted, bit or otherwise injured any person or assisted
in attacking, assaulting, biting or otherwise injuring any person, such dog shall be subject to
immediate seizure and impoundment. The owner, guardian, or keeper of the dog shall be
entitled to a hearing upon seizure as described in paragraph (c) of this section.

Pg6

xxxxxx ADMIN RECORD_000010(c) (i) Prior to the seizure of any dog authorized by paragraph (a) and within three days of
the seizure of any dog pursuant to paragraph (b) a hearing officer shall inform, in writing,
the owner, guardian, or keeper of the dog that the person's dog is alleged to be vicious and
dangerous and be subject to penalties under this ordinance. Unless the hearing is waived by
the owner, guardian, or keeper of the dog, or the hearing is scheduled on an agreed-upon
date, the hearing officer shall fix a time not less than 15 nor more than 90 days from date
that the enforcement agency locates the dog and/or the owner, guardian or keeper, and fix a
place for said hearing and cause all parties to be notified, not less than 10 days before the
date of such hearing. The hearing may be informal and the rules of evidence not strictly
observed. It shall not be necessary, for the City, to prove that the owner, guardian, or keeper
of the dog knew that the dog was vicious and dangerous. Within 15 days following the
hearing, the hearing officer shall issue his or her decision to all parties.

Gi) Should the hearing officer find the dog to be vicious and dangerous, the hearing officer
shall order the dog be registered pursuant to Section 42.2, and that the dog be spayed or
neutered. The hearing officer may, in addition, order other remedies as may be appropriate
for the safety of the public, including, but not limited to, an order that the dog and the
owner, guardian, keeper and any person in control of the dog attend and complete a basic
obedience course under an approved and recognized obedience trainer or dog training
organization. If the hearing officer finds that the owner, guardian, keeper, or other person in
control of the dog has not or cannot adequately control his or her dogs, the hearing officer
may also prohibit that person or persons from owning or possessing dogs for a period of
three years from the date of the order.

(iii) In the event the hearing officer concludes that the dog is vicious and dangerous and that
the health, safety and welfare of the community is not adequately addressed by the
requirements provided in Section 42.3(c)(ii), the hearing officer may order the dog
destroyed.

(iv) The decision of the hearing officer is final.

(Added by Ord. 408-87, App. 10/9/87; amended by Ord. 5-03, File No. 021645, App.
1/24/2003; Ord. 12-05, File No. 041544, App. 1/21/2005; Ord. 267-05, File No. 051606,
App. 11/22/2005)

SEC. 42.4. PENALTY; MISDEMEANOR OR INFRACTION.

Any person who violates any provision of Sections 42 through 42.3 shall be deemed guilty
of a misdemeanor or infraction.

(a) If charged as an infraction, the penalty upon conviction of such person shall be a fine not
exceeding $500. A second or subsequent violation within any 12-month period from the
initial incident will be punishable as a misdemeanor.

(b) If charged as a misdemeanor, the penalty upon conviction of such person shall be
imprisonment in the County Jail for a period not to exceed one year or by a fine not
exceeding $1,000, or by both such fine and imprisonment, Upon conviction of a
misdemeanor the court may prohibit the person from owning, keeping or otherwise being in
control of a dog within the City and County for a period of one year. Violation of that
prohibition shall constitute a misdemeanor,

(c) The complaint charging such violation shall specify whether the violation charged is a
misdemeanor or an infraction.

(d) Allocation of fees and fines collected. All fees and the City’s share of all fines collected
under this section shall be used only by the Animal Care and Control Department to fund
the enforcement of the vicious and dangerous dog program as set forth in this Section.
(Added by Ord. 408-87, App. 10/9/87; amended by Ord. 267-05, File No. 051606, App.
11/22/2005)

Pg7

xxxxxx ADMIN RECORD_ 000011SEC, 42.5, ENFORCEMENT.

Any provision of Sections 42 through 42.3, may be enforced by the Department of Public
Health, the Police Department, or the City Animal Control Officer, or any authorized
designee. Complaints of any violations of Sections 42 through 42.3 subject to penalties
under Section 42.4 shall be presented to the District Attorney for prosecution. (Added by
Ord. 408-87, App. 10/9/87)

 

Write a request for the report with the
case number along with your name and address and include a self-addressed, stamped
envelope for a faster return time to:

CISD-Records

SFPD Head Quarters
Room 1102

1245 3" Street

San Francisco, Ca 94158

* Be sure to include your related case number in your letter/request

Concluded page 8 of 8

END

xxxxxx ADMIN RECORD_ 000012City and County of San Francisco San Francisco Police Department
Vicious and Dangerous Dog Unit
Park Station

1899 Waller St.

San Francisco, CA 94117

Phone: (415) 553-9182

Fax: (415)242-3021

EM: SFPDDangerousDogs@sfgov.org
www.sanfranciscopolice.otg/dogs

 

NOTICE OF VICIOUS DOG HEARING
May 15, 2018

‘You are scheduled to attend a Hearing on Thursday, May 31, 2018 at 12:30
pm at City Hall (1 Dr. Carlton B. Goodlett Place, room 408) in order to
present evidence and testimony for the complaint filed on the following dog:

“Fezzik”: A# 373581, A Pit Bull Mix Dog.

Purpose of the Hearing: The purpose of the Hearing is to determine
whether the evidence and testimony presented is sufficient to classify this
dog(s) as vicious and dangerous.

Accessibility Policy: To ensure participation of the disabled public, the following is available
upon request: American Sign Language interpreters; Sound Enhancement System; Accessible
Seating for persons with disabilities, including those using wheelchairs.

To obtain a copy of the SFPD Incident report : Write a request for the report with the
case number along with your name and address and include a self-addressed, stamped

envelope for a faster return time to:
CISD-Records
SFPD Head Quarters /Room 1102
1245 3" Street
San Francisco, Ca 94158

All Hearings are audio taped. \f you have any questions about the hearing
please call Ofc. Crockett 415-553-9182 at least 72 hours prior to the
Hearing. Late request will be honored, if possible.

xxxxxx ADMIN RECORD_000013Case File Contents for Dog Owner

SFPD Vicious and Dangerous Dog unit is compiling a case file for the hearing date. As
of now this is what has been compiled.

e San Francisco Police Department Police Report

e Signed Request for Vicious and Dangerous Hearing

xxxxxx ADMIN RECORD_000014Hello, your dog has been identified by a complainant as a “possible” Vicious or
Dangerous Dog. A hearing will be held to make a determination based upon the incident.

I will need to receive certain documentation from you in order to prepare a case file for
the upcoming Vicious/Dangerous Dog hearing. You will be notified of the date. The
location will be at San Francisco City Hall (1 Dr. Cariton B. Goodlett Place, San Francisco,
Califomia, 94102) Room #408. Hearings start at 1:00 PM on Thursdays only.

 

Please provide the following information if the box is checked:
co Your detailed statement of the incident/bite encounter on: 02/10/2018

o Either a police report or a signed request for a Vicious/Dangerous Dog hearing
has been received regarding your dog, please provide your account of what
happened as well. The hearing Officer will make the final determination. I am the
investigator for the SFPD-VDDU and I will be creating a case file.

o Color photos of your dog(s)- Front and side views. Photos of your dog(s) injuries
if applicable.

© Proof of Rabies vaccination-Tag number, receipt, and clear photo of the tag itself.
o Proof of Dog registration (San Francisco)

o Acopy of any certificate showing any type of training that your dog(s) has
completed or if currently enrolled in training, a letter from the school or trainer
where enrolled.

o A copy of any veterinary bills (or description of injuries sustained and treatment
performed or medical expenses if applicable.

Please feel free to contact me with any questions you may have regarding the complaint
or procedures involved in this process. We strive to be as fair and equitable as possible
regarding any dog bite or potentially dangerous dog complaints.

Officer Ryan Crockett #1516
San Francisco Police Department
Vicious and Dangerous Dog Unit
Park Station

1899 Waller St.

San Francisco, Ca 94117

Phone: 415-553-9182

Fax: 415-242-3021

Email: SFPD_dangerousdogs@sfgov.org

Or visit the SEPD website under: Vicious Dog Complaints.

 

xxxxxx ADMIN RECORD_000015S.F.P.D. Vicious & Dangerous Dog Unit

THIS FORM IS TO REQUEST A HEARING ONLY~IT IS NOT A POLICE REPORT
COMPLAINT OF VICIOUS AND DANGEROUS DOG (San Francisco Health Code Section 42.3)

 

This form is to be signed by a person who believes that a dog is vicious and dangerous.
Pursuant to San Francisco Health Code Section 42.3, once a signed complaint that a dog is
vicious and dangerous is received by the Animal Control Officer or a representative of the
Department of Public Health or the San Francisco Police Department, a designated employee of
those departments may find a dog presents a danger and is subject to seizure and
impoundment if the dog is on its owner, keeper or harborer’s property.
If the designated employee finds that a dog presents a danger, the owner or keeper of the dog
will be entitled to a hearing to determine whether the dog is vicious and dangetous. The
hearing may be held either before or after the dog is seized, depending on the circumstances of
the case.
"Victous and dangerous dog” is defined as follows: (1) Any dog that when unprovoked inflicts
bites or attacks a human being or domestic animal either on public or private property, or in a
vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the
streets, sidewalks, or any public grounds or places; or (2) Any dog with a known propensity,
tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety
| of human beings, or domestic animals; or (3) Any dog which engages in, or is found to have been
i trained to engage in, exhibitions of dog fighting; or (4) Any dog at large found to attack, menace,
\ chase, display threatening or aggressive behavior or otherwise threaten, or endanger the safety of

any domestic animal or person. (S.F. Health Code Section 42 (a).
Case tt [240
NOTE: A Copy of this complaint may be given to the owner or keeper of the dog.
pate oF inciwent: 2/10 J) ¥ olicereport# 19D IO - Slo/
NAME OF C! - Sh LL and Nicholas Mann

ADDRESS: -]

   

PLEASE EXPLAIN WHY YOU BELIEVE THE DOG IS VICIOUS AND DANGEROUS —
On back of this page. You may attach a separate statement which must also

be signed and dated.

pare BJ Zb/t Ke Signature: ____!

Phone:(415) 553-9182 V.D.D.U. FAX: (415) 242-3021
Email: SFPDdangérousDogs@stgov.org
Park Station 1899 Waller St. San Francisco, Ca 94117

 

xxxxxx ADMIN RECORD_000016S.F.P.D. Vicious & Dangerous Dog Unit

Statement of Complainant:

Oy Fee /0 iF, 0 woman's pitowr— Das
attapred Ino dae who did pot pode if-jh oun
Waa. We cere © Oru Llanes” pu ond Ales

    

 

 

Ming clos Lheat and. a ek Ut ep. Wer i
Yad fd fp é friend
A bidel Aloe Latch bel Oat M5 cll f fe a V7
f nd Sh WAVE,

Ab wells fav. iL nae only athe i Watittd she Poy
Us A Wii Nome nA Anta Land jis 4 haren Gee
hoe hoon alk ald hc reok nome S Joetyn xxxxxx,
The hos pease fp fethere Jaitd-yn iS hone Sasi

but J reed thiS fepe- fb be He re cords eae
Fhe dg iy EXIT Ey, Wylnt Bes Lam Wut

 
     

Lam msly writin A Dy tomnrn for tHe x
oy Ohy olga he pulboiic parts ih SP, thor oe ie

We the” ver pul oO! v fa
Arye hulent yat_prbably nor be repaid Se ne Mies
po be brary. Regerdoss Aimy cm, aM ts gs day,
hawi¥le tue, “'pieate Sot fads remarys cbf off the sheets
Thome per '

 

Signature of Complainant

Phone:(415) 553-9182 V.D.D.U. FAX: (415) 242-3021
Email: SFPDdangerousDogs@sfgov.org
Park Station 1899 Waller St. San Francisco, Ca 94117

xxxxxx ADMIN RECORD_000017dan Francisco Police Department

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

  

   
  
 

  
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report Type: Initial INCIDENT REPORT 180110561
Incident Number lOccurrence From Date/ Time [Occurrence To Date/ Time [Reported Date/ Time | CAD Number
—
NN [180-110-581 on/10/2018 14:32 | 01/10/2018 14:33} 02/10/2018 14:52 | 180412093 co
| Type of incident ©
DOG, BITE OR ATTACK 64010 =
I =
D | Location of Occurrence: At Intersection with/Premise Type District o
FE [598 DOLORES ST PARK MISSION ol
NN | Confidential [Arrest ‘Suspect ‘Suspect [Non-Suspect | Domestic (iype of Weapon Used) Use of | Reportngunt | OP
oO =a
ap | Ropar? C1 | mado? FI | known? BA funknown? C1 |incident? C1 | Violence? Force? O1_| s013¢
Location Sent / On View: At Iniersection with Reporting District
598 DOLORES ST MISSION
ime and Clarence Stas | Raporiad to Bureau Name Star Date/Time Elder Gang Juvenile Prejudice
° Victim C1 | Related? C1 | subject? L | Based? 1
Have you reviewed the attached list of procedures required by Department General Order (GO) 7.047
© D || declare under penalty of perjury, this report of _4_ pages is true and correct, based on my personal knowledge, or{s based on information and belief
FE [Fellowing an invastigation of the events and parties involved
BC [PROP 115 CERTIFIED Post Training
TL [Reporting Officer Star Station Watch Date
cA [LEWIS, BRITTANY N 1290 Mission Station 1100-2100 02/10/48 19:38
gE ® [Reviewing Officer Star Station Watch Date
R A |PAUL, FLINT T 648 Mission Station 1600-0100 o2ro4a 19:39
T loc Star Station ‘Watch Date
: BANTA, RONALD E 2284 Mission Station 1500-0100 2/0/18 20:23
yy [Related Case — [Related Case |Reassigned ta Assigned to 3*300 Assigned by
= — Copies to 3*300 Add Copies VODU/T BL 1290
R ‘Code Name (Last, First Middle) Alias Email
/ Ajpva YEE, JENNIFER NONE
iv Home Address
Ir
c Night Phone ‘Type Werk Address city
rp |(€00)000-0000 None
‘DOB 7 Age|DOB or age between Race ‘Sex. Height Weight Hair Color | Eye Color lo,
I 24 Junk. and 1 F538 98 BRO BRO
Mt Confidential Violent Crime .|293 PC Star Follow-up Form ‘Statement Relationship to Subject
Person C1 Notification [| Notification C1 YES YES STRANGER/NONE
/School (if Juvenile) Injury/Treatment Other information/if Interpreter Needed Specify Language
NONE OWNER OF VICTIM DOG
Interpreter Language Language Description(it Other) [Language Line Servicelinterpreter ID# | Bilingual Ofc Start
Needed C1
R_ |code Name (Last, First Middle) Alias Email
/ 2\RN2 MARTIN, NICHOLAS NONE
yw Day Phone Home Address
Aa
[Night Phone Type Work Addross city State |Zip Code
sp {(000)000-0000 None |
‘DOB T Ags [DOB ‘ofage batwean [Race [Sex [Haight |Wolght Ha Color Eye Golor iD Type Jurlsd. ID No.
r 29 Junk and wim feo 180 BLK [BRO
M [Confidential |Vieient Grime [293 PC Star Followup Form | Statement Relationship to Subject
Person LI __[ Notification C1 [Notification C1 Yes Yes STRANGER/NONE
School (if Juvenile) Injury/Treatment Other Informationi|f Interpreter Needed Specify Language
LACERATION TO FINGER/ DECLINED
Interpreter Language Language Description(if Other) [Language Line Servicefinterpreter ID# | Bilingual Ofc Stari?
Needed

 

 

 

 

 

 

 

 

 

Incident# 180110561

Page 1 of 4

xxxxxx ADMIN RECORD_000018San Francisco Police Department

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

xxxxxx ADMIN RECORD_000019

Report Type: Initial INCIDENT REPORT 180110561
‘Code Name (Last, First Middle) Alias Email
S isi LAIRD, ANNA NONE
U 1 ibayphone . Type Home Address lly State Zip Code
S — |(418) 222-2590 Work
P Night Phone Type Work Address City State Zip Code
E ~ |(@00)000-0000 _ None
la [pos Date of Birth Ago oragebetween [Race [Sex [Height [Weight [Hair Color Eye Color
T Unknown f 30 and 40 B F BLK
SENO | J/D# (if Juviy |10 Type/durisdiction/Number 1D Type/Jurisdiction/Number —_| ID Type/JurisdictiowNumber
Booking Charge(s) Booking Location
Warrant i Courtit Actiontt Deptt | Enroute to
Warrant Violation(s) Bail
s)
Citation Violation(s) [Appear Dateftime | Location of Appearance
DcarormBooked | Mirandized: Star Date Time CWB Check Star
Copy Attached Oo
'Book/Cite Approval Star Mass Arrest Code MOXRays [School (if Juvenile) ‘Statement
lo | Oo
Other Information: Citation/Warrant/Booking Charge(s\/Missing Person-Subject Description; Scars, Merks, Tattoos
OWNER OF SUSPECT DOG; POOFY PONY TAIL; HEAVY SET, RED DRESS WITH A SMILEY FACE ON THE FRONT
Interpreter Language Language Description(if Other) | Language Line Servicefinterpreter [D# —_| Bilingual Ofe Starff
Needed
PB ‘Code/No {tem Description Brand Model
R\Ejevot PHOTOS
2) 1 Iseriat No. Gun Make Caliber Color Narcotics Lab No. Quantity Value
> je 2
7 Seized by (Star) From Where
7 1290 MISSION STATION
ly | _[Adaltional Description/identifying Numbers,
2 PHOTOS OF ($1) LAIRD, PROVIDED BY (RV1) YEE
P Code/No item Description Brand Model
R{E|EvD2 PHOTOS
2 |serial No. Gun Make eae Color Narcotics Lab No, Quantity Value
PR 5
E z ;
R|_ [Seized by (Star From Where
. | |4290 MISSION STATION
ly Additional Description/Identifying Numbers
4 PHOTOS OF (DMG1) DOG AND (RV2) MARTIN
P| |Code/No Item Description Brand Model
RE |EvD3 ANIMAL BITE REPORT FORM SFPD
13 |serial No. Gun Make Caliber Color Narcotics Lab No. Quantity Value
P 1
7 ‘Seized by (Star) From Where
ag] (120 MISSION STATION
fy | _ [Additional Desotiplion/identifying Numbers
Incident# 180110561 Page 2 of 4San Francisco Police Department

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report Type: Initial INCIDENT REPORT 180110561
PB Code/No ftem Desorption Brand Model
R/D|pMe 1 DoG 7
0 | |Seriat No. [Gun Make Caliber Color Narcotios Lab No. Quantity Value
P BLK 1
g Seized by (Star) From Where
: | Additional Description/identifying Numbers
BLACK LAB OWNED BY (RV1) YEE
P Code/No- Item Description Brand Model
R|B|pwo1 BODY WORN CAMERA FOOTAGE TASER AXON 2
O IW serial No. [Gun Make Caliber Color Narcotics Lab No. Quantity Value
P c 2
: 1 | Seized by (Star) From Where
7 1290 EVIDENCE.COM
S| | Additional Description/identiying Numbers
4290 AND 2204, UPLOADED TO EVIDENCE.COM
Incident# 180110561 | Page 3 of 4

xxxxxx ADMIN RECORD_000020San Francisco Police Department
Report Type: Initial INCIDENT REPORT 180110561

NARRATIVE

On Saturday 2/10/2018 at approximately 1452 hours Officer Battle #2204 and I responded to Dolores Park regarding
a dog bite incident. We activated our (BWC1) Body Worn Cameras.

We met (RV1) Jennifer Yee and she told us the following: Yee was walking through Dolores Park with her dog on a
leash. Unprovoked, an unleashed dog bit her. (DMG1‘) dog and wouldn't let go. Yee's boyfriend, (RV2) Nicholas
Martin, attempted to get the dog to release the victim dog and was bitten on the finger in the process. Yee described
the dog as a grey colored pit bull. The dog's owner identified herself to Yee as (S1) Anna Laird and gave Yee her
contact number. Laird left the scene prior to our arrival. Yee described Laird as an African American adult with an
afro and as wearing a red dress with a smiley face on it. Yee told me she would recognize Laird and the dog if she

saw them again.

Yee gave us 2 (E1) Photos of Laird.

We met Martin, who had a small laceration on his right middle finger on his right hand. Martin declined medical
treatment. Martin told me he was walking through Dolores Park with Yee when unprovoked, an unleashed dog bit
Yee's dog and wouldn't let go. Martin attempted to get the dog to release the Yee's dog and was bitten on the finger
in the process. Martin would recognize Laird and the dog if he saw them again. ;

Yee's dog had a small laceration on its chest and a small laceration on its left front paw. We took 5 (E2) Photos of
the dog and Martin.

We gave Yee and Martin a Follow- Up Form with case number.
We searched the area for Laird and her dog, with negative results.
| completed an (E3) Animal Bite Report Form and faxed a copy to the Dangerous Dog Unit.

At Mission Station | uploaded, attached, and booked (E1-3) accordingly.

 

Incident# 180110561 Page 4 of 4

xxxxxx ADMIN RECORD_ 000021area

xxxxxx ADMIN RECORD_0000227
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=xxxxxx ADMIN RECORD_000024xxxxxx ADMIN RECORD_ 000025xxxxxx ADMIN RECORD_ 000026xxxxxx ADMIN RECORD_000027VCA San Francisco Veterinary Specialists
Vea 600 Alabarna Street | San Francisco 94110
‘wwww.vcasivs.com | sfus@vea.com

Discharge Instructions for Banjo Yee

Attending Clinician: Mari Kuboyama, DVM.
Date: February 10, 2018

Problem(s) / Diagnosis:
Bit by dog - left front leg

Today's Treatments:

Today we discussed Banjo's bite wounds. The wound on his lower left leg is near a joint, which could potentially cause
a joint infection. We discussed the recommended treatment of a sedated procedure, which would involve clipping and
cleaning the wounds, possible stitches, and a possible drain placement. We also discussed x-rays to evaluate for
fractures,

Today you elected to not pursue these treatments, and will monitor him at home for the time being. We discussed
that it is still possible his wounds can heal with oral medications, however there is a risk of further infection/abscess
formation. He will go home on antibiotics and anti-inflammatory medication; you declined pain medication at this
time.

Recommended Diet:
No change.

Medications:

Clavamox Tabs 250 Mg - (20) Give 2 tablets by mouth twice daily (every 12 hr) until otherwise directed. Do not pre-
open packaging. This is an antibiotic. Side effects include decreased appetite, vomiting, and diarrhea. This is a shorter
course of antibiotics than is usually prescribed. Please have him re-evaluated at his primary care veterinarian to
prescribe further antibiotics if needed.

Metacam oral 10m Bottle 1.5 mg/ml - Oral med for pain control. Using dose syringe provided, give volume indicated
for 60 Lbs by mouth ONCE daily with food for 5 days. This is a non-steroidal anti-inflammatory medication (NSAID).
This class of medication includes rovera (rimadyl), metcam, onsior and previcox. This medication cannot be given with
other NSAIDs or corticosteroids such as prednisone. If your pet develops vomiting, diarrhea or blood in the stool while
‘on this medication, please call us.

Please consider getting pain medication from your primary care veterinarian at your recheck appointment.

Exercise Restrictions:

Short leashed walks for bathroom breaks only.

E-collar: Please keep Banjo's e-collar on at all times. This is to prevent him from licking at his wounds, which may
cause additional infection.

Recommended Recheck:
Please monitor Banjo’s wounds for increasing amounts of cloudy discharge, worsening pain, swelling, redness, foul
odor, These are signs of worsening infection. We expect a small amount of red-tinged discharge from the puncture

 

600 Alabama Street (415) 401-9200 - phone
San Francisco, CA 94110 (615) 401-9201 - fax
‘www. veasfus.com “Banjo, Yeo pa. sfus@vea.com

xxxxxx ADMIN RECORD_ 000028i
}
|
i

v VCA San Francisco Veterinary Specialists
600 Alabama Street | San Francisco 94110

P: 415-401-9200 | F: 415-401-9201

weew.veastvs.com | sfvs@vea.com

wounds initially, however this should improve over time. Please also monitor Banjo for any lethargy, decreased
appetite, vomiting, or diarrhea, as these may indicate that there is something more serious going on.

Please schedule an rs rinarian within 5 days to evaluate his wounds, or sooner
if he is not doing well. Please ensure this recheck appointment happens before you run out of antibiotics. You may
also consider taking x-rays at this time, if he is still not wanting to use his leg.

 

Warm compress: Apply warm compresses to the wounds twice to three times daily. Please continue this for the first 5
days. To warm compress a wound, soak a clean cloth or towel in warm water or warm water with Epsom salts. Hold
the towel against the wound for 10-15 minutes. The goal of warm compressing/soaking wounds is to allow the
wound to drain,

Additional instructions:
Thank you for entrusting us with Banjo's care, he is a very sweet boy!

If you have any questions or concerns, please contact your primary care veterinarian or the emergency services team
at VCA San Francisco Veterinary Specialists. If you have lab or xray results pending and have not heard back from
your clinician within 48 hours - please give us a call at (415) 401-9200 for an update.

 

SFVS Representative Printed Name: rtnt Initials: Wy

Date: Uio/ 1® Time:_1°™

 

Client's Signature:

 

 

600 Alabama Street (415) 401-9200 - phone
‘San Francisco, CA 94110 (415) 401-9201 - fax
www.veasfus.com "Banjo", Yee pe: 2 sfus@vca.com

xxxxxx ADMIN RECORD_ 000029ni )

VCA San Francisco Veterinary Specialists

 

 

600 Alabama Street

Plan

 

 

 

 

 

 

 

 

San Francisco, CA 94110 Missile

San Franci DATE EST. NUM
Veterinary Specialists Tulsa ystanseeooo 20/18 2630344

Ashley Yee Acct no.: 30115595
Patient Description Low Qty High Qty LowExt High Ext
Banjo Consultation - Emergency 1 4] $115.00] $115.00}
Banjo Clavamox Tabs 250 Mg 28) 28) $106.00} $106.00)
Banjo Metacam oral 10m! Bottle 1.5 mg/ml 4 4 $46.00} $46.00}
Banjo Tramadol 50mg tablet 40) 40} $22.00 $22.00}
Banjo E-Collar - Large 1 41 $30.00 $30.00

 

 

 

 

 

 

 

Low/High Subtotal: $319.00 $319.00

 

$0.00
Tax: $2.55 $2.55
Low/High Total: $321.55 $321.55

Deposit method: .
fe scat note: Previous Balance: $0.00 $0.00
Deposit, $0.00 $0.00

Low/High Balance after Deposit: $321.55 $321.55

 

Presented by SFVS staff member: Wad
Please initial to indicate understanding and agreement:

|, the undersigned, do hereby certify that | am the owner (or authorized agent of the owner) of the above
described animal, and | authorize the performance of diagnostic, therapeutic, anesthetic, surgical, and preventative
procedures listed above or emergency procedures as may be deemed necessary by the veterinarian.

Ihave been advised as to the nature of the above procedures/treatments and of the risks involved, |
understand that with any medical or surgical procedures there are always risks Involved, Including death, and that no
warranty or guarantee is being made as to the results or cure.

_lunderstand the above quoted cost may vary, depending on the extent of treatment required. The treatment
plan and costs for services may change as further diagnostics and therapeutic procedures dictate. | understand that
this treatment plan includes in the "high total” of the estimate a 20% range. This 20% additional range is intentionally
broad to anticipate unforeseen changes in medical condition. A veterinarian or member of the staff will make
reasonable efforts to update me on the costs for services provided. if the costs for services are expected to

exceed this written treatment pian, all reasonable efforts will be made to contact me prior to delivering the services.

| understand that additional treatments, that are required as an immediate life saving measure, may exceed
this estimate.

| agree to be responsible for all charges relating to my pet's medical care at the completion of services.

| understand that an initial prepayment equal to the "high total” of the estimated cost is required and that further
payments will be required as care progresses.

xxxxxx ADMIN RECORD_000030VCA San Francisco Veterinary Specialists

 

600 Alabama Street
San Francisco, CA 94110

San Francisco
Veterinary Specialists

Tel: 415-401-9200

- Yee

Treatment Plan

 

 

DATE

02/10/18

 

 

EST. NUM
2630335

 

Acct no.: 30115595

Mari Kuboyama, DVM

 

Patient Description Low Qty High Qty LowExt High Ext
Banjo Consultation - Emergency 4 4| $115.00} $115.00)
Banjo Biohazard Fee (Per Shift) 41 1 $7.00 $7.00}
Banjo Pre-Surgical/Lytes Panel - In-House 41 4{ $119.00} $119.00
Banjo Pov/Ts% - In-House 1 4 $49.00) $49.00)
Banjo Inj. Torbugesic 10mg Per mL 4 41 $44.00} $44.00
Banjo inj. Domitor Per mL SEDATION 1 41 $75.00} $75.00}
Banjo inj. Antisedan Per mL 1 1 $44.00) $44.00}
Banjo ‘Sedation - Monitoring Per Hour 4 1 $88.00 $88.00)
Banjo Laceration- minor 1 1] $129.00) $129.00)
Banjo ‘Suture Material 4 2 $31.00 $62.00}
Banjo Radiograph - 2 Views 4 4] $250.00} $250.00}
Banjo AIS Consult Radiographs Only 4 4] $105.00) $105.00
Banjo E-Collar - Large 1 1 $30.00} $30.00}
Banjo Clavamox Tabs 250 Mg 28) 28] $106.00} $106.00
Banjo Metacam oral 32ml Bottle 1.5 mg/ml 4 4 $82.00 $82.00}
Banjo ‘Tramadol 50mg tablet 40} 40 $22.00} $22.00}
Banjo ‘Treatment/Lab/Pharmacy Misc. 41 4| $200.00} $200.00}

 

 

 

 

 

 

 

Deposit method:
Deposit note:

Low/High Subtotal:

Tax:

Low/High Total:

Previous Balance:
Deposit:

Low/High Balance after Deposit:

$1,496.00 $1,527.00

$0.00

$2.55 $2,55
$1,498.55 $1,529.55
$0.00 $0.00
$0.00 $0.00
$1,498.55 $1,529.55

 

Presented by SFVS staff member: Ni y.

Please initial to indicate understanding and agreement:

|, the undersigned, do hereby certify that | am the owner (or authorized agent of the owner) of the above
described animal, and | authorize the performance of diagnostic, therapeutic, anesthetic, surgical, and preventative

procedures listed above or emergency procedures as may be deemed necessary by the veterinarian.

| have been advised as to the nature of the above procedures/treatments and of the risks Involved. |
understand that with any medical or surgical procedures there are always risks involved, including death, and that no

warranty or guarantee is being made as to the results or cure.

xxxxxx ADMIN RECORD_000031‘1 ment Plan # 2630335 for Ashley Yee, Pa_

Y. Acct no.: 3011559