POS Informal Hearing Decision 2011 Hale, J.

New Search

MATSLER Clara T From: MEDLIN Johnny R Sent: Thursday, June 09, 2011 11:53 AM To: 'tadashiabashi @gmail.com' Subject- Notice of Park Restriction - Joseph Ben Hale Categories: Follow -up . An informal appeal hearing was requested by Joseph Ben Hale for a 30 day park restriction issued to him on June 2, 2011 by Officer Kelley. The Park restriction was for dogs at large issued at the Park Blocks. Mr. Hale stated that his dogs were always on leash and that the only time he did not have the leash in hand was when he dropped the lease was while taking off his backpack. At that time Mr. Hale didn't feel the dog wanted away more than a few feet. Mr. Hale stated his dogs mind very well, are not aggressive, and he didn't feel his dog was out of control and disagreed with the officers contention that he was violating any rules. Both Officer Kelley and Mr. Hale agreed that Mr. Hales two dogs were not the only dogs at the time within the area. Both Officer Kelley and Mr. Hale stories are in agreement in that the conversation between the two of them escalated. Mr. Hale felt the officer was acting in an threatening manner and Officer Kelly stated Mr. Hale was being argumentative. Officer Kelly stated the decision initially was to give a warning, but due to the argumentative nature of the conversation and continued disagreement by Mr. Hale that a rule was being broken he felt a warning would not be effective and decided on a citation and park restriction. Officer Kelley also stated that he recognized one of Mr. Hales dogs as one which he had seen running loose at the top of Skinner Butte Park earlier in the morning. Officer Kelley stated that he looked for the dog's owner but was unable to locate anyone at the time. Officer Kelly stated that Mr. Hale disagreed that he had been at the top of Skinner Butte Park during the time. Officer Kelley stated he was sure it was the same dog due to distinctive markings and the distinctive collar/ leach being used. I find that I must affirm the restriction as stated. While it is unclear the length of time the dogs leash was dropped at the Park Blocks it does not seem to be in contention that there was a period of time the leach was not held and the dog able to move freely. I considered modifying the restriction to not include the full park and open space system. Unfortunately, the statements of Officer Kelley in regards to the same dog being observed at Skinners Butte Park earlier in the day points to this happening at multiple locations instead of a single one. A copy of this decision shall also be sent by US Postal Service to: 1715 Linnea Avenue Eugene, Oregon 97401 Decision by: Johnny R, Medlin, Director Parks and Open Space Division City of Eugene