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Public Notices…Dangerous Dog LBTS Ordinance…1st Hearing..Necessary or Not?…

December 7, 2008 by Barbara

Sentinel 12/6/08…full text available at Town Hall upon request…

TOWN OF LAUDERDALE-BY- THE-SEA

Notice Of Public Hearing

The Town on LBTS will hold a public hearing before the Commission onTues. Dec 16,2008 at 7 pm or as soon thereafter in the Town Commission Chamber, LBTS (Jarvis Hall) to consider the following Ordinance.

ORDINANCE 2008-25 AN ORDINANCE OF THE TOWN COMMISSION OF LBTS FL. AMENDING CHAP.4 ARTICLE II, SECTION 4:30 OF THE CODE OF ORDINANCES OF THE TOWN OF LBTS TO ESTABLISH PROVISIONS PROTECTING THE PUBLIC FROM DANGEROUS DOGS;

all interested parties may appear and be heard…

http://www.lauderdalebythesea-fl.gov/

http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

Town Codes…

‘Sec. 4-30. Vicious dogs running at large prohibited.

(a) It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the Town without being properly muzzled.
(b) Any dog known to have bitten any person is hereby defined as a “vicious dog” but the term “vicious dog” shall not be limited to only those dogs which are known to have bitten any person.
(Code 1962, § 4-27)’

BROWARD COUNTY HAS DANGEROUS DOGS ORDINANCE ALREADY ON THE BOOKS…

http://www.broward.org/animal/ani01700.htm

Dangerous Dogs: Section 4-12

A “Dangerous Dog” is a dog that has done the following:

  • A dog that when unprovoked approaches a person in a menacing fashion or with an attack attitude.
  • A dog that has killed or caused the death of a domestic animal in one incident, while off the owner’s or keeper’s property.
  • Has aggressively bitten, attacked, endangered, killed or inflicted severe injury on a human being on public or private property.
  • Has been used primarily or in part for the purpose of dog fighting.

If a dog – whether or not the dog has been classified as “dangerous” — causes severe injury or death to a person OR domestic animal while unprovoked and off the owner’s property, an Animal Care Officer will impound the dog. Written notice will be given to the owner and after ten (10) business days from the date of notification, the dog will be humanely euthanized.’

In the 12/6/08 Sentinel and the Miami Herald…(link below)…articles about the Broward County Dangerous Dog Act already covering all of Broward county…which includes LBTS…

http://www.miamiherald.com/news/broward/story/801583.html

So once again we have spent money and time…on something that may have been needlessly pursued…with time spent in discussion on the dais…staff time and attorney time to draw up the Ordinance along with the Public Notice costs in the Sentinel…

This subject was brought to the podium a few months back by Comm. Clottey…some research was done and memos were sent to the Commissioners….then Vice Mayor McIntee put it on the agenda…and decided to grandstand…despite the assertion by the Mayor that BSO said we did not have a problem and the Ordinance was already on the books…

After reading the articles in the news yesterday, and going online to check out the Broward County Ordinances… she was correct, and we are covered just as all communities in Broward, thus there was no need to add this Town Ordinance and incur unnecessary costs to the town to duplicate this existing County Ordinance…just makes for more fodder ….for poor administrative action…and poor Commissioner due diligence by some who did not do their homework…too bad!

more to come…

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Here’s The Scoop…Making Our Wishes Known…Officially

November 29, 2008 by Barbara

IN WRITTEN FORM

Dear Readers BCbythesea and family have put in writing an e-mail of our wishes that the VFD is not to be allowed in our home for AMR medical calls and who may not be privy to our medical information.

What the VFD/AMR and Town will do to respond to this writer and others who are asking for the same wishes to be respected and adhered to remains to be seen.

The written request may be enough, or a form may be enacted, the ball is in their court… pun intended..

Thanks to an astute reader, and much discussion within our family after the latest 4 disturbing events …the Vice Mayor speaking from the dais about a gentleman in the north end at the last Commission meeting…. his entrance into a residents living room…with AMR and remaining afterwards despite no need for his assistance… hearsay…. but scary, if accurate….the Chief’s assertions that he has given the Vice Mayor special duty to respond by the Vice Mayor’s private car to all medical/ fire calls in the north end up to Sea Ranch without coming into the fire station first, thus providing the certain probability he will arrive on scene before AMR, as he has boldly asserted has in fact been the case from the dais for numerous emergency calls, and the reader’s points about the Commissioners sitting in the AMR Medical Review Board and having private medical information divulged, we decided this was a necessary request.

At the last Commission meeting Commissioner Clottey in discussing the VFD monthly report advised the Chief he did not need to use the VFD member’s names…and that was just for response calls…

Also Chief Perkins made it clear to this writer he could not give me any medical information on members…although I made it known, I was not asking for that information, just that the medical exams were done, and all that was required was administered.

Add to this the first VFD report that did include addresses, and descriptions of the medical condition of the residents involved. Making it possible for anyone to look up from the address who the patient was. A definite Hipaa problem for the VFD who are required to observe Hipaa law.

This writer believes the AMR report content should be enacted for the next monthly report by the VFD to protect the residents. I also believe that despite the assertions from the VFD on the dais, a need for the VFD trucks to follow AMR are unnecessary, especially when condos are involved, no need to knock down doors when guards have keys available.

In this regard, AMR should be asked on the record for the need to have the VFD follow them on medical calls. Again, this writer has been told by informed persons that BSO followed their EMS to provide that 3rd Paramedic/EMS personnel not on their ambulance. We were told one of the benefits of th new AMR service would be 3 on board at all times. Also, rather than thrown out statistics, what are the real stats for firefighters required to perform forced entry on medical calls?…

THE E-MAIL sent on Saturday November 29,2008…

VFD Chief Perkins
AMR Lt. Liddle
Madam Town Manager Colon
Town Attorney Abbott

We would like it to be known by the LBTS-VFD/ AMR -LBTS Public Safety Providers that it is our wish to not have any member of the LBTS-VFD inside our home on a medical call if AMR is called in for service.Our home addresses are 221 Washingtonia Ave. and 5000 N. Ocean Blvd. #412, LBTS 33308.

This will be the desire of all family members residing at each premise.

We are concerned with our right to privacy about health matters and do not feel assured that confidentiality will be adhered to by VFD members, especially those who are also speaking from the dais in elected office, as was recently witnesses by our family concerning a medical call that was the topic of Vice Mayor McIntee’s Commissioner Comments (Nov.25,2008).

We are also requesting that if the situation arises and the new AMR Medical Review Board is put into action,resulting in any member of our family to be discussed after any medical event, that no Commissioner is privy to our medical care, only the protocol of what transpired with no names or medical history revealed in their presence, honoring both our stated wishes and Hipaa.

If there are any forms required to keep on file at both the VFD and AMR, please send them to us and we will fill them out. We will require 5 for family members to fill out if they need to be separate.

Please see that this letter is sent to each Commissioner as well as AMR.

Thank You,
Steven and Barbara Cole
LBTS

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