Board denies return of Luna; puppy Sammy allowed back under final dangerous-animal agreement

The Lafayette board on Aug. 27 denied an appeal to return Luna, a dog seized Aug. 23 after two separate incidents in which neighbors reported dog bites, and approved returning a second dog, Sammy, under a final dangerous-animal agreement with strict conditions. The appeal was filed by owner Virginia Medrano and heard at the meeting.

Animal Control Officer Mitchell Burchfield testified that he responded to an Aug. 8 call about two dogs running at large and biting a neighbor, and that a dangerous-animal agreement was issued for both animals because the specific offending dog could not be identified. "The call came in as 2 dogs that had bit someone on their own or off their own property," Burchfield said. He said one victim, identified in reports as Edward Rolle, sustained puncture wounds to the top and palm of his hand after reaching to check a dog's collar, and that photographs in the animal-control packet show puncture wounds consistent with dog bites.

Burchfield described a second, Aug. 23 incident involving a neighbor identified in reports as Mr. Murat, who was bitten on the left elbow after the animals entered his backyard. He said Luna — the larger dog — had been observed running at large for about an hour before that incident and that, when medics arrived to treat Murat, Luna jumped on a medic and "attempted to bite him," behavior Burchfield characterized as aggression.

Chief Animal Control Officer Sarah Goins told the board Luna has shown the most aggression and described the two incidents, close in time, as evidence of dangerous behavior. Asked whether returning the animals would likely lead to further violations, Goins answered plainly: "With Luna, yes." Goins said Sammy is younger and the shelter had not observed the same aggressive behavior.

Medrano, the owner, told the board she and her family have experienced recent bereavement and that Luna had been her late husband's dog. She said the dogs were not neglected, that Luna receives monthly medication for Addison's disease and that she has reinforced the gate at her property. "They're not vicious dogs," Medrano told the board, and she offered to relocate the animals if necessary.

Board members and staff discussed options, including separating the dogs and using a "final dangerous animal agreement" — a staff policy that returns an animal with a last-chance agreement that contains the same requirements as a standard dangerous-animal agreement (spay/neuter, up-to-date vaccinations, microchip, secure containment, muzzle off property and substantial leash) and removes further right of appeal if violated. Jackie (city staff) clarified the city sometimes uses those final agreements as a discretionary alternative to immediate impoundment.

The board voted to deny Medrano's appeal to return Luna. The board approved returning Sammy to the owner only after the owner executes a second and final dangerous-animal agreement that includes the standard containment and public-safety conditions; the agreement also carries the staff policy consequence that a subsequent violation will result in impoundment without a right to appeal. The board recorded the decision and directed staff to follow up on required documentation and compliance if Sammy is returned.

The record at the hearing included body-worn camera observations, veterinary-record follow-up and photos of injuries. Burchfield told the board that vaccine records available from one veterinarian showed vaccinations were two years out of date for at least one animal; he also said the owners told staff Sammy had been acquired more recently and Sammy's prior vaccination status was unknown. Burchfield and Goins noted that lawn-care personnel had left a gate unsecured in at least one incident, but both emphasized that owners are responsible for containment.

The board's action separates the two animals' outcomes: Luna remains impounded with the appeal denied; Sammy may be returned only under a strict, final agreement and subject to immediate impoundment if the terms are not met. The board adjourned after the decision.