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HomeMy WebLinkAbout20021068 'knning File `Xo Sheet t. SE# / / s7G., Cet?2MMn( - ea9kbrr fo 'Hue dowZcn r. Sltie Lre grz)4,/&nd �(7 (.4 fyi . Site Sat --/K-e dello awt viz+ en 1.1 0.441 is 124- ada . Sl P It dG cry itte entrzin eeyrt - e , She site v. eICaA_ / S 0_,aumiv 21 t s aiioufreet .h ue cis cri A be Su kfrld 771101ja- (1m 1L.e Ve ±7, 271.4e i. (]e-wi f� CalCLtiu'.C a,b42vt i's' CVeruf .15 k v-eGh/t j a /c ( 303 - S'7- 0).7/0) p2�a 776), rite -E26m Alms-hen) Arm' P , v�. (&ctoe_d & 410oWlif INAirtAivid fj,lLln E k14-1- &19ivut Al ( e G�t� 6-f t of z , ova se t4411w&l e_ i ss w(}}, PLA— (, ".1 v� g Li —/ 0 -- 1A-tbr h 1. n-7 Y-1 to ,9„br, F's n-E/(,e davvvie e L TAJo1l c 1wlco . 2002-1068 Weld County Planning Department GREELEY OFFICE FEB 6 2002 February 04, 2002 RECEIVED Jennie Santos 7217 Henry Street Fort Lupton, CO 80621 Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 RE: Case Number USR-1369 To Whom It May Concern: On January 09, 2002, I was advised of a Site Specific Development Plan and a Special Review Permit for a Kennel in the A Zone District , Section 27, T2N, R66W of the 6th P.M. , Weld County, Colorado. My property would be within 500 feet of the property on which this request has been made . Please be advised that as a property owner, I am against such a Permit being issued for a Kennel . I have two reasons for my objection: 1 . The noise level of such an operation; 2 . It would be a disruption of the quality of life that is experienced in the area in which I live. This kind of operation would be better located far from any residential areas . Thank you for allowing me the right to voice my concerns and objections . Sincerely, 9"1-11414-14nnntos J (303 ) 857-6119 EXHIBIT It Weld County Planning Dapartment GREELEY OFFICE FEB 2 8 2002 RECEIVED DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 mimFAX (970) 304-6498 ENUE C. GREELEY, COLORADO 1555 N. 17TH V80 311 COLORADO January 9, 2002 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1369 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 19, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Lona & David Cowan FOR: Site Specific Development Plan and a Special Review Permit for a Kennel in the A (Agricultural) Zone District . LEGAL DESCRIPTION: Section 27,T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Lamb Street and west of and adjacent to Henry Street, Lot 8, Block 45, Aristocrat Ranchettes, 2nd Filing. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Carla Angeli, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. • For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the Zan the scheduledliean g for this information. tth /tip u a-t- �' \-) I t eXnet co pa NY\ ^ pAitt/ tc � t / �' P( CouaL4s g, 730 /-2 O6 Avd- OtheL-t-if altalLQ, _1:1Ad / n 0, p ,cg _,z/Let camctieitaJ .i-iv 'e.; tea' ab--014‘, a4iusiti tha-IL at( 41[14-1-4: AJI.y 4 )-t_ bc.Ace4A,N day )-.A... .z4,tyou„ 0 44:a, iaL J-4 %nie,t /L e 4 zZetZ 71 iz : ALIAL 61-16fr ekttiAn pit 25 zna7 izyn 4UeA 7a eicwieol vs z.tone)pLs-L Awc. 0 , , :Los /& 4J a G Affidavit of Publication NONCE Cf PUBLIC NEARING STATE OF COLORADO The Weld County Parsing County of Weld SS. Commission wlllhdda public hearing on Tuesday.Mach I A. Winkler Riesel of said County of Weld being 19,2m2.at 1:30 p.m.for the duly sworn,say that I am publisher of Purpose atconsidering o9te Specific Development Ron and a Special Review Pern111 FARMER&MINER for a Kennel in the A that the same is a weekly newspaper ofgeneral (Agricultural)Zone District f« the properly described circulation was printed and published in the town of below. Approval of the request may create a vested FREDERICK property right pursuant to in said county and state that the notice of advertisement,of LOW. which the annexed is a true copy has been published in said CASE N Colorado NUMBER:naR-13D9 APPLICANT: Lana & David weekly newspaper for ONE consecutive weeks: that the Cowan notice was published in the regular and entire issue of every PLANNER:Carla Angel number of said newspaper during the period and time of LEGALDESCRIPEION:Sectlon publication of said notice and in the newspaper proper and not 27,T2N.R66W of the 6th P.M.. in a supplement thereof: that the first publication of said Weld County,Colorado. notice was contained in the issue of said newspaper bearing TYPE AND INTENSITY OF the date of FEBRUARY • 2002.and the last PROPOSED USE:Site Specific Development Plan and a publication thereof,in the issue of said newspaper,bearing Special Review Permit for a date,the 20TH day of FEBRUARY 20TH 2002 Kennel Inthe A(Agriculturd) that the said Zone District. LOCATION: North of and odocent to Lamb Street aria FARMER &MINER west of and adjacent to has been published continuously and uninterruptedly Henry rat Rt.Loth ttes.Doc 25, P Y Aristocrat Ranchettes. 2^° during the period of at least fifty-two consecutive Filing. weeks next prior to the first issue thereof containing SIZE: I acre,more or less. said notice or advertisement above referred to: and The public hearing will be that said newspaper was at the time of each of the held in Room 210. Weld publications of said notice duly qualified for that County Planning purpose within the meaning of an act entitled. "An Department. 1555 N. 17th Act Concerning Legal Notices, Advertisements and Avenue,CommentsGr or objections or o ereg est Publications and the Fees of Printers and Publishers relWedtotheoboverequesf re-. thereof, and to Repeal all Acts and Parts of Acts in shotdbesubmihedlnwrlting Conflict with the Provisions of this Act" approved to the Weld County April 7, 1921, and all amendments thereof, and Deportment of Planning particularly as amended by an act approved, March Services. 1555 N. 17th 30, 1923,and an act approved May 13,1931. Avenue.Greeley,Colorado 80631. before the above • / • date or presented at the public hearing on Mardi 19, 2002. CV61 f% .e. re vs the for public —.— kg ISheTTT ��, are available for public �Ti"'�-- -�1rr ofPatiinlne the Department . Of Ranning Services 1555 N. Subscribed and sworn to before me this 20TH 17th Avenue. Greeley, Cdorado 80631. Reuse call day of FEBRUARY-A.D. 2002 Gonda Moyot(970)353L1m, Ext.3540.or Fax 4(970)304- 6498,prior to the day of the /� /� hearing so that reasonable I / `6 O7 / accommodations con be (SIX t\_1�11f1 (/�j made if,in ns wrN the Americans with Notary Public Dhoblllties Act, you revere special accommodations In order to participate In lit hearing as a result of a P.O.BOX 125 disability, Michael Miller.Char Weld County Pbritg Cmxrvs9on FT.LUPTON. CO 80621 Published in the Farmer & .......... Miner January 20,2002, %N O y f4 ' 0,----...."- .....„ ' % ca.My Co imis_:;o 1 Exp,(e.s EXHIBIT I as / -ail - OCR Weld County Planning Department GREELEY OFFICE MAR 1 3 2002 RECEIVED Weld County Referral 111 1 January 9, 2002 D C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Lona & David Cowan Case Number USR-1369 ki Please Reply By Januery-29, 2002 y ve tkoto y Planner Carla Angeli Project Site Specific Development Plan and a Special Review Permit for a Kennel in the A(Agricultural) Zone District . Legal Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Lamb Street and west of and adjacent to Henry Street, f Lot 8, Block 45, Aristocrat Ranchettes, 2n° Filing. Parcel Number 1309 27 411002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) March 19, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: L Jai 3//y�ol / i�+(pedet t' 7vlif roiperb 10 S(e r-F , 4- ,44,0- � O4 4 4 ,nn<J Ca, - fit. -z. AT.t OA/FA) l:r.',„r P. 4' •Kctl &k.-e +-e fact.1, d46 riMfd " TJr,,2c>.rit4r. Iltc 4,e <7 (.-ta4' kra.&It eenCernc Signature -rectr` 1-€4 c.(, Date :Me A,z Agency / .•-r +Weld County Planning Dept. •'1555 N. 17th Ave. Greeley, CO. 80631 •;(970)353-6100 ext.3540 +(970)304-64 EXHIBIT 1 07 ,3 Weld County Planning Department GREELEY OFFICE MAR 14 2002 RECEIVED % -to „L..) QyiQAtxio ✓t ILL ._GLO �!wdt.GteJ _Sue .,C.Frn.C�.vn/j ,,tuf ..1-4 a C._ /62 _< c)(1 7 Lekt: (A) CAL 110-Cr l•-W I ter-C aLP AUL 0r r+, YYYL 2 ii,„Jutua 7 072.��N D2 �, �)��.+.-tAjt L£a-n ,,t( LT Ltow �CLL(� _ P/YL •kke )yi f<act, iniAterL ...(1.-eittWri only one At, vCr L V ( �jK Ct.'Lz Oi owlYt I (� • / 26'Z i P� p ,-curt' tmnt, 71&L PLC LC UU xkC Cl-nn , na.L , LLL & u.2tc O/YL W 'eil arty rAn it"n4a XL/..V'1- - •�-E 4_O-Leta Jt e, antra n C6 auri TonAttol .17 21-43 QQQ ��� ,,,,,, .Q✓YL t ehl y.x''L e _UX.t.i}'.L o t ch-AnYL� .±eitc' /G oat / / •4.1 LL _J LtL`W, (W/ ACC .,CL J c,Q-C -nic c GL. f ffucLi gy m_ 1 U c^ c��r ) a-)-tel :7 t u ,-,011-03/3 'n cJcLt, Ja-etc +(9rn (LP e • -(4-0:y3 Q,2k /q, �J� Q0. ./J-e-cc nc� Q to l a'Lo-c.V r Lel �� Le fen( aze ,.Z"-/(.C. / �%7�{�) (Q ate, �7l/1ICtQ,, 6/ �r 2R /Y CT 7 L- ( L i au/ _� � to/qj' J n ..a-( L i :�2 Az fJI�d1.e�_, L) Re;r 0-64,lia II mQ,7L-e_ f 4/L 7YILto ✓L&__,.l{J(`rL�I�-e t/J/ LQrYLUI a'n'u,I7,• Q r L� „it&J latR.'L.Ciisc 3_0 el/ Ste_ 70 _cite fani,„' ? alo ,,afiiitpsol ±-0-eitte • t tiE 1 �LdL y' oneQ 0d �1 p /---p r y .,w-c e ucci rev-As �'t intact OI , J ✓J fr „at, .,u_+� t -Leif (J I %) g Cm'ro. 03/18/2002 09:35 FA% WELD CTY SHERIFF _ ___ _ _ z002/007 r' I .; i rriut IVu.„.c'.i. WV:ALL 1 +1 i_ru v: a 4+ — ( WELD COUNTY SHERIFF ' S OFFICE OFFENSE/INCIDENT REPORT NO: WCO2--1014 I I 1 (Crime/Incident: CRUELTY TO ANIMALS/NEG N/C: ANMLM F/M; I IAdd1 Offense F/f": I IDate reported : O3O1O2 Time Rpt : 1 500 Clearing case it: ICr.nnectIrt cases: I I I _I- ,__..._ _--INCIDENT DATE-TIME-AND LOCATION 1- iF/Date: O2O1O2 F/T: I I_c'c ; 73O9 HENRY ST City; FT LUPTON I IT/Date; O3O2O2 T/T: 1500 Case status: OPEN IDEP: WCO347 HIELER, JULIE ._CASE STATUS AND MISC DATA IDrugs/Alcciho1 : Domestic Viol : Evidence/F'hcotos: I ITot Prop Stolen: F'rop Rcvd : Prop Damq : I IForce: Attempted or Completed: I ! Extent Injuries: I ****************************DATA FOR PERSON INVOLVED AS A: REF' - ** *Name: S1LZMAN, BETHANY DOB : * *Addy : Phone: I-l/D: * *City: St : Zip : OLN: OLS: *Sex: Rac : Eth: Hgt: Wgt ; Hai : Eye: SS: •* *Occupation; E1ils Addr : £usTX: • *Adds Desc Info : PLANNING AND ZONING OFFICER *. * ****************************DATA FOR PERSON INVOLVED AS A : SUB ** • *Name: COWAN, DAVID DOB: 060154 * *Addr : 7309 HENRY ST Phone: H/B: * *City: FT LUPTON St : CO Zip : OLN: OLS: * *Se : Rac: Eth: Hgt: Wgt : Hai : Eye: SS: •* *Occupation: Bus Addr : BusTX : *• * *Add( Desc: Ii-fo : * * * EXHIBIT 03/18/2,002 09:35 FAX WELD CTY SHERIFF 003/007 ****************.w***********DATA FOR PERSON INVOLVED AS A: 0T1-i * *Name: COWANg JEREMIAH DON: 042998 *Addy: 7209 HENRY ST Phone: H/B: * *City; FT. LUPTON St: CO Zip: OLN: OLS; * Sex ; Rat : Eth: Hgt : Wqt: Hai : Eye; SS:*Occupation : Bus Adclr : EIUSTX; * *Ads!]. Desc Info : F -NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT--_-.. ;- I ITEM NO: 1 DESC; COPY OF NOTICE OF ENTRY AND CARE/YEL FORM JITEM NO: 2 DESC: I ITEM NO; DESC: I I TEM NO: DESC +.,_. _,_._ __.__._._._SYNOPSIS OR NARRATIVE _.. ..._,_ _,__.,.,..._.. : RESIDENTIAL LOCATION, CALL AND COMPLAINT OF POSSIBLE NEGLECT. PROPERTY OWNER CONTACTED. ALL ANIMALS CHECKE EXCEPT FOR INDOOR DOGS. SOME CONCERNS. PROPERTY WILL BE CONTINUALLY MONITORED. NARRATIVE/FACTS: ON THE DATE OF 0c-01-09 THIS OFFICER CONTACTED A PLANNING AND ZONING OFFICER BETHANY SALZMAN IN REFERENCE TO A CONCERN FOR A PROPERTY THAT WAS SEEKING A SPECIAL USE PERMIT AT THE ADDRESS OF 7309 HENRY STREET. SHE STATED WHILE OUT ON THE PROPERTY THERE WAS APPROXIMATELY ONE OR TWO HORSES THAT WERE SHOWING RIP AND SHE WAS CONCERNED FOR THEIR WELFARE. SHE SAID TO THIS OFFICER THAT THE HORSES WERE KEPT IN A SMALL PEN AND THAT THEY WERE WALKING AROUND IN THEIR OWN FECES AND THAT THE PEN WAS NOT BEING KEPT CLEAN AND THAT SHE WAS CONCERNED WHETHER THEY WERE BEING FED ON A REGULAR BASIS. SHE REQUESTED THAT MYSELF AND OFFICER KIRK H I GG I NS GQ OUT TO THE RESIDENCE AND CHECK WELFARE ON THE HORSES AS WELL AS THE. DOGS AS THEY DID HAVE A REVIEW COMING UP FOR A SPECIAL USE PERMIT AND SHE WAS ALREADY CONCERNED FOR THE ANIMALS ON THE PROPERTY. THIS OFFICER DID RESPOND TO THE LOCATION WHERE I DID MAKE . CONTACT WITH DAVID COWAN IN REFERENCE TO THE COMPLAINT.. AT THAT TIME MR. COWAN WAS COOPERATIVE. HE DID BRING THIS OFFICER AND KIRK HIGGINS GG INS BACK TO THE HORSES IN THE £ CK PART OF THE ACREAGE. AT THAT TIME THIS OFFICER DID SEE THREE HORSES IN QUESTIONR TWO OF THE HORSES LOOKED TQ BE IN GOOD HEALTH AND CONDITION AND D I D SCORE APPROXIMATELY A FIVE TO SIX ON THE HINIKE SCORE SYSTEM. 03/18/2002 09:35 FAX WELD CTY SHERIFF f' 1 h I rMl.7 l= tYJ. .•1 t,J wvvi..p..I •.r i ..ry v s v ..•_.�� � ..._ .. 4h004/007 THE OTHER HORSE IN QUESTION D I Ti LOOK TO HAVE ,TEE PROBLEMS AND SWELLING J:N BOTH FRONT KNEES. HE DID HAVE A SEVERE BACTERIAL INFECTION 1N THE RIGHT REAR FLANK: AND DID SCORE APPROXIMATELY A ONE OR TWO ON THE HINIKE N I FE SCORE. THIS HORSE WILL PE RED SORREL, APPRO X:[MATELY SE YEARS OLD AND MEASURING 16 HANDS. AFTER TALKING W7:TH MR. COWAN IN REFERENCE TO THE HORSE IN QUESTION, HE DID STATE THAT THE HORSE WAS THERE AS A RETIREMENT HOME, THAT IT WAS BEING TREATED BY DID. HIDE OUT OF KEENESBURG WHO WAS SEEN LAST FALL IN REFERENCE TO THE SEVERE BACTERIAL. INFECTION. HE SAID THAT DR. HIDE STATED TO HIM THAT THE HORSE WOULD PROBABLY DIE AND WAS SURPRISED IT HAD MADE IT THROUGH TO THE PALL. THE HORSE IN QUESTION WAS IN POOR CONDITION AND HE DID STATE HE WAS TRYING TO KEEP HIM AS BEST HE COULD, HAD TRIED SENIOR DIET AND AT TH:[S TIME WAS FEEDING HIM A SWEET FEED MIX AS WELL AS THE ALFALFA HAY. AND THEN SHOWED THIS OFFICER TI-IE DACTEFiIAL INFECTION IN THE HIND QUARTER AND THAT HE WAS INJECTING HIM WITH AMOXYCILIN AT THIS TIME FOR THE INFECTION. HE ALSO STATED THAT THE SWOLLEN KNEES WERE DUE TO THE FACT THAT THE HORSE WAS A ROPING HORSE THAT HAD BEEN USED FOR MULTIPLE YEARS AND HAD SUSTAINED INJURY AND BREAK DOWN IN THE KNEES FROM THE SPORT. AT THAT TIME, THIS OFFICER REQUESTED TO LOOK AT THE WATER SUPPLY AND FEED SUPPLY FOR THE HORSES IN QUESTION. I DID WITNESS APPROXIMATELY TWELVE BAILS or GOOD QUALITY ALFALFA HAY BUT DID NOTICE THAT THE WATER TROUGH WAS COMPLETELY EMPTY WITH ONLY FROZEN WATER AND HAD NOT HAD FRESH WATER PUT IN IT FOR APPROXIMATELY _i+ TO 4B HOURS. THE WATER THAT WAS IN THE TANI.: WAS FROZE COMPLETELY •THROUGH, AND THE HORSES HAD BEEN LICKING IMPRESSIONS INTO THE ICE. AT THAT TIME I DID ASK MR. COWAN IF THE HORSES HAD WATER RECENTLY, HE STATED THAT HE DID RELY ON HIS SON HEAVILY FOR THE FEEDING AND WATERING OF THE ANIMALS AS HE DID WORK LONG HOURS, HE LEFT BEFORE DAWN AND DID NOT RETURN HOME UNTIL AFTER DARK AND THAT HIS 12 YEAR OLD SON DID MOST OF THE CHORES AND THAT HE D I D BELIEVE THAT THEY DID HAVE WATER. AT THAT TIME I DID ASK HIS SON IF THEY HAD WATER AND HE STATED TO ME THAT EVERYTHING HAS FROZEN UP AND HE WAS UNABLE TO GIVE THEM ANY WATER AS THE HOSE WAS FROZEN AT THIS TIME AND HE WAS WAITING FOR THE WEATHER TO CLEAR. AT THAT TIME I DID ASK TO CHECK THE DOGS IN QUESTION AND ASKED FOR AN ACCURATE COUNT OF THE DOGS ON THE PROPERTY. MR. COWAN STATED HE HAD FOUR FEMALES IN THE PEN TO THE SOUTH OF THE HORSE PEN AND THREE DOGS IN THE FRONT AND APPROXIMATELY FOUR SHELTIES IN THE HOUSE. HE STATED THAT THE DOGS IN QUESTION WERE NOT RESCUE DOGS, THAT THEY WERE BREEDING DOGS, THEY WERE SHEPHERD, I-FUSKY, CATAHULA MIXES THAT HE WAS BREEDING AS SLED DOGS AND THAT HE WANTED TO CONTINUE TO DO SO AND THAT IS WHY HE WAS LOOKING TO GET A SPECIAL USE PERMIT. THIS OFFICER D I D CHECK WELFARE ON THE FOUR FEMALES IN THE PEN. 09/18/200209:08 FAX WELD CTY SHERIFF 005/007 AT THIS TIME THERE WAS NO WATER ANYWHERE IN THE PEN FOR THE DOGS IN QUESTION, NO WATER BUCKET, AND ALL FOOD DISHES WERE TURNED OVER, TWO OF THE DOGS LOOKED TO BE SHOWING SOME RIB„ BUT THE OTHER TWO LOOKED TO BE OF ADEQUATE WEIGHT AND CONDITION. AT THAT TIME I DID EXPLAIN TO MR. COWAN THAT THE FENCING NEEDED TO BE FIXED AS IT WAS SOMEWHAT UNSECURE AT THIS TIME AND IT WAS JUST METAL SHEETING THAT WAS BEING WIRED TO THE FRONT OF CHAIN LINK TO KEEP OTHER DOGS ❑UT AND THESE DOGS IN. HE STATED THAT HE WAS PLANNING TO MAKE CHANGES AS HE WAS TRYING TO REFINANCE HIS HOUSE AT THIS TIME. THIS OFFICER THEN WENT TO LOOK AT THE DOGS AT THE FRONT OF THE RESIDENCE BEING TWO MALE SHEPHERD/HUSKY/CATAHULA DOGS AND ONE FEMALE ON A CHAIN IN THE DOG HOUSE. FROM THE OUTSIDE OF THE FENCE THIS OFFICER COULD TELL THAT THE FEMALE DID NOT LOOK TO BE IN GOOD HEALTH AND WAS SUFFERING PROM A WOULD FROM THE NECK AS THERE WAS SOME BLEEDING AND IRRITATION. THIS OFFICER DID REQUEST AT THAT TIME TO LOOK AT THE DUG IN QUESTION, WHERE MR. COWAN 'S 13 YEAR OLD SON DID GO IN THE PEN TO TAKE A LOOK AT THE DOG. I DID REQUEST FOR HIM TO REMOVE THE DOG AND BRING IT OUT WHERE HE STATED THAT WAS IMPOSSIBLE TO DO AND WAS UNABLE TO. MR. COWAN THEN WENT INTO THE PEN AND GOT THE DOG OUT FOR THIS OFFICER TO LOOK AT, THE 13 YEAR OLD FEMALE DID HAVE A SWOLLEN FRONT FOOT WITH A WOUND THAT WAS UNTREATED. HE ALSO HAD SEVERE NECK SORES FROM THE CHAIN THAT WAS ON HIS NECK. THAT HAD DUG INTO THE SKIN. THERE WAS N❑ FUR AND WAS BLEEDING. THE DOG WAS UNDER WEIGHT AND BOTH EYES WERE SWOLLEN SHUT WITH PUS. THE DOG DID HAVE CRUSTY LESIONS ON THE NOSE, FOREHEAD, AND AROUND BOTH EYES. TI-IE DOG IN QUESTION LOOKED TO BE UNABLE T❑ GET UP AND DID HAVE SEVERE ARTHRITIS. AT THAT TIME I ASKED MR. COWAN I1= THE DOG HAD BEEN TREATED AT ANY TIME BY A VETERINARIAN AND HE STATED THAT NO, SHE HAD NOT BEEN SEEN BY A YET, THAT SHE WAS AN OLDER DOG, AND THAT HE WAS NOT SURE WHAT HER EYES PROBLEMS WERE, THAT HE WAS PERIODICALLY TRYING TO CLEAN THEM OUT AND GIVING HER SHOTS OF ANTIBIOTICS, BEING AMOXYCILLON. HE STATED HE WAS TRYING TO TREAT HER PROBLEMS HIMSELF AT THIS TIME DUE TO HER AGE BUT WAS UNAWARE THAT SHE WAS AS BAD OFF AS SHE WAS. MR. COWAN WAS VERY SURPRISED AT THE DOG' S CONDITION, DID NOT KNOW OF THE INJURIES TO THE NECK, THE FOOT, OR THE FACT THAT SHE COULD NOT GET UP, AND WAS UNAWARE THAT SHE WAS MALNOURISHED. HE DID STATE AT THAT TIME HE RELIED COMPLETELY ON HIS WIFE AND HIS 13 YEAR OLD SON TO TAKE CARE OF ALL THE ANIMALS ON THE PROPERTY WHILE HE WAS AWAY TRYING TO MAKE A LIVING AND HE STATED THAT OBVIOUSLY THEY WERE FALLING DOWN ON THE ASPECT. I DID EXPLAIN TO THEM AT THAT TIME THAT HAVING N❑ WATER BECAUSE THE WEATHER WAS COLD WAS NOT A ADEQUATE CARE 01= THE DOGS. THE 13 YEAR OLD BOY STATED THAT HE WAS NOT GOING TO SET WATER DUE TO THE FACT THAT IT WAS FROZEN AND THAT THERE WAG NO WAY TO TAKE CARE OF THEM. 03/18/2002 09:36 FAX WELD CTY SHERIFF i"Au= IY>i. . ,JL.J WL• t L t wu - . V1006/007 AT THAT POINT, THE FATHER DID GET FRUSTRATED WITH MR. JEREMIAH COWAN AND REQUEST THAT HE GO IN THE HOUSE AND STATED THAT THE WATER PROBLEM WOULD BE TAKEN CARE OF IMMEDIATELY. ALL DOG PANS IN QUESTION DID NOT HAVE WATER ON THE DATE OF OUR VISIT. THERE WAS NO FOOD IN ANY OF THE PENS AND THE HORSES ALSO DID NOT HAVE WATER AT THIS TIME. THIS OFFICER DID REQUEST THAT MR. COWAN TAKE THE DOG IN QUESTION TO A VETERINARIAN AS IT WAS IN VERY POOR CONDITION AND MAKE A DECISION WHAT NEEDED TO BE DONE FOR THE I3E ST WELFARE OF THE DOG OR GET TREATMENT FOR ITS ILLNESSES. REQUEST THIS BE PUT INTO ANIMAL CONTROL ' S FOLLOW UP FILE PENDING CONTINUAL CHECKS ON THE DOGS IN QUESTION TO MAKE SURE THAT THE COWAN ' S RECTIFY THE PROBLEM WITH THE WATER AND FODD AND ALSO TO CHECK WELFARE AGAIN QN THE 13 YEAR OLD FEMALE. F- THIS IS THE END OF THIS REPORT Report Approved By: WC0032 MARTINET, MARGIE 03/18/2002 09: 6 FAX WELD CTY HERIFF- - -_ li2J007/007 1 ! J1+ I 1 1.f 4,- r L i •t'1 t•Iw..w. I .v v -r _- +rwx,.rw. - I WEL.D COUNTY SHERIFF 'S OFFICE SUPPLEMENT : 000001 FOR CASE: WCO2O1O14 I (TR) I I Supp Date: 03030? Time: 1600 DEP: WCO347 HIBIERR JULIE I Crime/Incident : ANMLM Original Date Reported : O2O2O2 I Case status;us; OPEN I Victim Name; ' I Connecting case numbers: I NARRATIVE/FACTS: WENT OUT TO RECHECK ON DOGS AND HORSES. WHEN I ARRIVED THE PROPERTY OWNER DID WALK THE OFFICER TO ALL PENS WHICH A.I.D NOW HAVE WATER. HE ADMITTED THAT THINGS HAD JUST GOTTEN AWAY FROM HIM. WHEN I KNOCKED ON THE DOOR I DID WITNESS TI-TREE MORE DOGS I HAD NOT SEEN AND A STRONO SMELL OF CAT URINE DID COME FROM THE RESIDENCE. MFti. COWAN DID NOT LET ME SEE THE FEMALE 12 YEAR OLD BUT STATED SHE WAS TAKEN TO SEE DR. DON HYDEN FROM KEENSIURG AND WAS NOW ON MEDICATION, HE DID NOT SHOW PROOF OF THAT EITHER OR HAVE THE VET 'S NUMBER. I WILL FOLLOW-UP ON THE I NFLORMAT I ON WITH THE VET. THIS IS THE END OF THIS REPORT (TR) I Report Approved By: WC00h5 HAFFNER, EDWARD L 03/18/2002 M0N 15:41 FAX 303 393 5076 DENVER VAMC LADIES AND GENTLEMEN, I HAVE READ THE REQUEST FOR A ZONING CHANGE t'OR '1'Ht; Z002 COWAN' S TO GET A KENNEL LICENSE, AND I AM AGAINST THIS TOTALLY. THE ONLY WAY I WOULD NOT CAUSE ANY PROBLEMS, WOULD BE IF THEY WERE TO DO °"'°E' FOLLOWING THINGS : 1) THEY PUT UP A 6 FOOT HIGH FENCE (ALL) AROUND THEIR PROPERTY, 2) THEY PUT UP A WOOD FENCE AROUND THE PENS (?) 3) THEY PUT UP THE PROPER KENNEL PANELS/FENCING I HAVE LIVED NEXT TO THEM FOR 10 YEARS, FOR THE FIRST FEW YEARS THEY WERE RAISING CUTE LITTLE SHELTIES, THEY HAD ABOUT 15.20, AT A TIME, BUT THAT INCLUDED THE PUPPIES, WHICH THEY DID NOT KEEP, THEY SOLD THEM. HOWEVER, A LITTLE OVER FOUR YEARS AGO THEY GOT A WOLF FEMALE, THEY HAD A GERMAN SHEPARD MALE, THEY HAVE TWO HUSKY' S, WHICH WITH THE SHELTIES WHICH NUMBERED S OR 6, GAVE THEM A TOTAL OF ABOUT 10 DOGS, (6 OVER THE LIMIT) . THEY DIDN'T BOTHER ANYONE, SO NO ONE COMPLAINED ABOUT THEM, AS THEY WERE NOT A NUSIANCE. WHEN THEY STARTED TO BRED THE WOLF AND GERMAN SHEPARD TOGETHER IS WHEN THE TROUBLE STARTED. THEY DID NOT CONTROL THEM IN ANY WAY, SHAPE, OR FORM, THEY WERE ALLOWED TO RUN LOOSE, WITH NO VISABLE MEANS OF CONTROL OER THEM. THE FIRST LITTER THE FEMALE HAD, SHE KILLED 4 OF THE PUPS, THE REST GREW AND WERE ALWAYS COMING OVER THE PENCE CHASING MY 2 HORSES, CHICKENS, DUCKS, GEESE, AND GOATS, IT GOT SO BAD I COULDN' T LET THE BIRDS OUT IN THE YARD ANYMORE. A LITTLE OVER THREE YEARS AGO THEY KILLED A MALE GOAT OF MINE, BY BREAKING HIS NECK, THE OTHER MALE FOLLOWED HIM WITH A BROKEN BACK SEVERAL MONTHS LATER, AND MY PREGNANT FEMALE GOT A BROKEN BACK LEG AND HAD TO BE DESTROYED BECAUSE WE COULDN' T SET IT OR CAST IT. IN THE MEAN TIME THEY WERE KILLING MY GEESE AND DUCKS AT A RATE OF 5 OR 6 A MONTH, I FINALLY WENT AND BOUGHT A GUN ABOUT TWO AND HALF YEARS AGO FOR PROTECTION FROM THE ANIMALS AS THEY WERE BECOMING MORE AGRESSIVE. WE SHOT ONE AND KILLED IT WHEN IT WAS IN OUR YARD CHASING THE HORSES, AND WOUNDED THE SECOND ONE. THE NEIGHBOR ACROSS THE STREET SHOT AND KILLED TWO OF THEM WHEN THEY WENT INTO HIS GOAT PENS . A NEIGHBOR AT THE OTHER END OF THE BLOCK SHOT AND KILLED ONE WHEN A PACK OF 6 TO 8 OF THESE EXHIBIT I ac 03/18/2002 M0N 15:41 FAX 303 393 5076 DENVER VAMC ANIMALS GOT INTO HIS YACJ ANL O003 PEOPLE CAN' T RIDE DOWN THE STREET WITHOUT THESE THINGS GETTING OUT AND CHASING THEM. SOMEONE IS GOING TO GET KILLED BEFORE ANY THING IS DONE TO `1P THEM. WE FILED A SMALL CLAIMS COURT CASE AND WON, AGAINST THEM, WE WERE WITNESSES IN A CRIMIAL COURT CASE AGAINST THEM AND WON, AND WE ARE NOW IN COURT AGAIN WITH THEM. THEY HAVE APPLIED FOR A LICENSE TO KEEP FROM HAVING TO GET RID OF THE DAMNED MONSTERS. WHEN THE T,AnY ON CASLER, ONE BLOCK EAST OF US APPLIED FOR A KENNEL LICENSE ON 3/8/00, I BROUGHT IN PICTURES WITH ME FOR THEIR HEARING AND SHOWED THE ZONING BOARD WHAT I HAD TAKEN, AND A NEIGHBOR HAD TAKEN, OF THE DEAD BIRDS, (GEESE AND DUCKS) THAT A PACK OF THEIR DOGS HAD KILLED WHEN THEY ATTACKED ME AND THE BIRDS ON THE NITE OF FEBRUARY 21, 2000 . I GAVE THEM COPIES 5 HE POLICE REPORTS STATING THE ANIMALS WEIGHED ABOUT 120LBS. TO 150 LBS . EACH. IF THE PERMIT IS APPROVED YOU MIGHT AS WELL JUST GIVE THEM A LICENSE TO TURN THOSE MONSTERS LOOSE TO KILL. BECAUSE I CAN ALMOST GUARANTEE THAT THEY WILL EVENTUALLY KILL SOME ONE. -.aft-- al /5"ld G4 � r- Planning Commission Exhibit 28 Contains 85 Photographs Please see Original File r PTX,; PAGE NO.0001 GP0855 RM98 03-08-2000 11 :03 WC0000825 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC00-825 ^- Crime/Incident: DANGEROUS DOG N/C: ANMLV F/M: M Addl Offense F/M: Date reported 022100 Time Rpt: 2220 Clearing case # : Connecting cases : t INCIDENT DATE-TIME-AND LOCATION + IF/Date: 022100 F/T: 2220 ILoc: 15540 CASLER AV City: FT LUPTON IT/Date: 022100 T/T: 2220 Case status: CLEARED IDEP: WC0281 TUCKER, JOHN CASE STATUS AND MISC DATA IDrugs/Alcohol : Domestic Viol: Evidence/Photos: Y I ITot Prop Stolen: Prop Rcvd: Prop Damg: 150 IForce: Y Attempted or Completed: C lExtent Injuries : ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: KIBEL, DUANE CHARLES DOB: 121651 *Addr: 15540 CASLER AV Phone: 3035749770H/B: H * *City: FT LUPTON St: CO Zip: OLN: 9291215694 OLS: CO* *Sex: M Rac: W Eth: Hgt: 506 Wgt: 160 Hai: BRO Eye: BRO SS: 521847583* "- *Occupation: CARRIER Bus Addr: DENVER POST BusTX: * * * *Addl Desc Info: * * * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: KIBEL, SUZANNE DOB: 032745 * *Addr: 15540 CASLER AV Phone: 3038574970H/B: H * *City: FT LUPTON St: CO Zip: OLN: 921215121 OLS: CO* *Sex: F Rac : W Eth: Hgt: 506 Wgt: 200 Hai: BRO Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: * * EXHIBIT GREELEY POLICE DEPARTMENT RECORDS COPY RELLASrD 1 TO: .� -airt.e_i Use (,,. n r nti0 DATE: cr ISi' n;i t 'rCtiI~my Do IVG f D S:SE5 iIIVATE PTXT PAGE NO. 0002 GP0855 RM98 03-08-2000 11 : 03 WC0000825 + SYNOPSIS OR NARRATIVE + : NIGHT TIME, RURAL RESIDENTIAL, ARISTOCRAT ACRES, SIX DOGS GOT OUT OF FENCED YARD AND INTO NEIGHBOR' S YARD, KILLING FIFTEEN DUCKS. t PROPERTY DAMAGE INFORMATION + Owner Name: KIBEL, DUANE ITEM QUAN PROPERTY DAMAGED/DESCRIPTION OF DAMAGE VALUE : 1 : 15 : DUCKS : 15 • • + OFFICERS ON SCENE AT INCIDENT t WC0145 LAEGER, CLINTON WC0287 BRODERIUS, JOHN DAVID C WC0092 WAGONER, PETER WC0018 METZGER, MICHAEL K NARRATIVE/FACTS: ON 02-21-00 AT APPROXIMATELY 2220 HOURS, I WAS DISPATCHED TO 15540 CASLER AVENUE IN ARISTOCRAT ACRES ON AN ANIMAL COMPLAINT. WHEN I ARRIVED ON SCENE, I CONTACTED DUANE KIBEL. DUANE STATED THAT THEY HAD BEEN OUT FEEDING THEIR LIVESTOCK WHEN HE HEARD HIS WIFE START SCREAMING. DUANE RAN OVER TO THE DUCK PEN, WHERE HE SAW SIX DOGS INSIDE THE PEN WITH HIS WIFE, AND THE DOGS WERE ATTACKING THE DUCKS. DUANE STATED THAT HE WENT AND GRABBED HIS GUN AND RETURNED TO THE PEN. DUANE STATED THAT THE DOGS STILL WERE ATTACKING THE DUCKS, SO HE STARTED TO SHOOT AT THE DOGS. DUANE STATED THAT HE SHOT AT LEAST THREE OF THE DOGS, KILLING ONE OF THEM. SUZANNE KIBEL STATED THAT SHE HAD BEEN OUT FEEDING THE DUCKS AND THE REST OF HER LIVESTOCK. SUZANNE STATED THAT WHEN SHE WENT INTO THE DUCK PEN, SHE SAW SIX DOGS ATTACKING THE DUCKS. SUZANNE STATED THAT THE NEXT THING SHE KNEW, ONE OF THE DOGS HIT HER IN THE CHEST, KNOCKING HER TO THE GROUND. SUZANNE STATED THAT SHE STARTED TO HIT AT THE DOGS UNTIL SHE WAS ABLE TO GET BACK UP TO HER FEET, AT WHICH TIME SHE GRABBED A SHOVEL AND STARTED TO GO AFTER THE DOGS. AS I WAS ARRIVING ON SCENE, I HEARD A GUNSHOT. I WAS ABLE TO DETERMINE THAT THE GUNSHOT CAME FROM DUANE KIBEL AS HE WAS FINISHING KILLING ONE OF THE DOGS. I CONTACTED DUANE, AND HE SHOWED ME THE DUCK PEN. THERE WERE SEVERAL DUCKS WHO WERE DEAD, AND SEVERAL OTHERS APPEARED TO BE INJURED. THERE WAS ONE DOG IN Y Use or ,is infor nation is r._/7 by LAW DO NOT DISSEMINATE PTXT PAGE NO. 0003 GP0855 RM98 03-08-2000 11 : 03 WC0000825 THE SOUTHWEST CORNER OF THE PEN WHO, DUANE EXPLAINED TO ME, HE JUST RECENTLY HAD KILLED. UPON LOOKING THROUGH THE PEN, DEPUTY LAEGER FOUND ANOTHER DOG WHO WAS INSIDE A CHICKEN COOP WITH A DUCK LYING NEXT TO HIM. THE DOG' S LEFT HINDQUARTERS APPEARED TO BE INJURED AND WAS COVERED WITH BLOOD. DUE TO THE NATURE OF THE INCIDENT, AND DUE TO THE APPARENT INJURY TO THE DOG, DUANE ALSO KILLED THE INJURED DOG WHO WAS STILL INSIDE THE PEN. DUANE STATED THAT THE REST OF THE DOGS, AT LEAST FOUR OF THEM, MADE IT OUTSIDE OF THE PEN BY THE SOUTH FENCE. ONE SECTION OF THE SOUTH FENCE WAS PULLED DOWN, AND WE WERE ABLE TO TRACK THE DOGS' RETURN BACK TO THE PROPERTY OF THE NEIGHBORS TO THE SOUTH. DEPUTIES LAEGER, WAGONER, BRODERIUS, AND I THEN RESPONDED TO 7309 HENRY STREET, WHICH WAS THE RESIDENCE DIRECTLY SOUTH. WE CONTACTED LONA COWAN. WE ALSO NOTICED THAT THERE WERE FOUR GERMAN SHEPHERD MIX DOGS RUNNING LOOSE INSIDE HER PROPERTY. UPON EXAMINATION OF THE DOGS, ONE OF THE DOGS DID APPEAR TO BE INJURED. DEPUTY WAGONER ISSUED LONA A CITATION FOR UNLAWFUL OWNERSHIP OF A DANGEROUS DOG. ALL FOUR DOGS WHO STILL WERE RUNNING AT LARGE WERE CAPTURED AND TRANSPORTED TO THE HUMANE SOCIETY BY DEPUTY BRODERIUS AND MANAGER METZGER. THIS CASE DOES NEED TO BE REASSIGNED BACK OUT TO BEAT THREE FOR FURTHER FOLLOW-UP FOR IDENTIFICATION OF THE REGISTERED OWNER IDENTIFYING THE TWO DOGS WHOM DUANE KILLED. THIS IS THE END OF THIS REPORT Report Approved By: WC0065 HAFFNER, EDWARD L o Use or , , . , �:natior� is i lt��J Da .r". �LT�= PTXT . PAGE NO. 0004 GP0855 RM98 03-08-2000 11 :03 WC0000825 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC00-825 I Supp Date: 022200 Time: 0240 DEP: WC0092 WAGONER, PETER Crime/Incident: VICIOUS Original Date Reported: 022200 I DOG I Case status: CLEARED Victim Name: STATE OF COLORADO I Connecting case numbers: I ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: COWAN, LONA JEAN DOB: 041264 * *Addr: 7309 HENRY ST Phone: 3038572597H/B: H * *City: FT LUPTON St: CO Zip: 80621 OLN: 941611000 OLS: CO* *Sex: F Rac: W Eth: Hgt: 500 Wgt: 110 Hai: BLN Eye: BRO SS: *Occupation: HOMEMAKER Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC17779 Date/Time: 0221002219 DR: 00-825 OFF: WC0092 * *Location: 15540 CASLER AV Accident: N *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model : V-style: V-color: *Court Date: 022400 Court Time: 0900 * *VIOL-1 : 189204 KILLING ANIMALS IN CONTEST *VIOL-2 : *VIOL-3 : *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189204 KILLING ANIMALS IN CONTEST *F/M: M Is There Addl Chgs : N Booking Date/Time : 0221002219 * *DUI BAL: BOOK NO: Warrant # : W/ORI : * *Arresting OFF: WC0092 WAGONER, PETER * : CRM : CITE : BOOK + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: SUMMONS WC17779 IITEM NO: DESC: I IITEM NO: DESC: I IITEM NO: DESC: I NARRATIVE/FACTS: ON 02/21/00, I RESPONDED TO 15540 CASLER AVENUE IN ARISTOCRAT ACRES TO ASSIST DEPUTIES TUCKER AND LAEGER WITH A VICIOUS DOG COMPLAINT. copy u -rrnati�o)n LrANV • " NATE PTXT PAGE NO.0005 GP0855 RM98 03-08-2000 11 : 03 WC0000825 1 INFORMATION FROM DISPATCH WAS THAT SIX DOGS HAD GOTTEN INTO THE REPORTING PARTY' S YARD AND HAD KILLED SEVERAL DUCKS. ADDITIONAL INFORMATION WAS THAT THE REPORTING PARTY HAD GONE OUT AND STARTING SHOOTING THE DOGS. WHEN I ARRIVED, I MET WITH DEPUTY TUCKER. DEPUTY TUCKER ADVISED THAT THERE WERE SIX DOGS THAT HAD COME FROM A RESIDENCE IMMEDIATELY TO THE SOUTH OF THE CASLER AVENUE ADDRESS AND HAD GOTTEN INTO SOME PENS AT THE CASLER AVENUE ADDRESS AND HAD KILLED AT LEAST A DOZEN DUCKS. DEPUTY TUCKER FURTHER ADVISED THAT WHEN THE REPORTING PARTY' S WIFE WENT OUT TO TRY TO INTERVENE, ONE OF THE DOGS WENT AFTER HER, HOWEVER, IT IS NOT BELIEVED THAT SHE WAS INJURED. THE REPORTING PARTY THEN RETRIEVED A 22 RIFLE AND WENT OUT AND KILLED TWO OF THE DOGS AND THE OTHER FOUR RAN OFF. I THEN WALKED THROUGH THE CRIME SCENE WITH DEPUTY TUCKER AND DEPUTY BRODERIUS WHO HAD ARRIVED ON SCENE BY THIS TIME. I OBSERVED THAT THERE WERE TWO TO THREE DUCKS THAT APPEARED TO HAVE BEEN INJURED BY THE DOGS, AND THERE WAS A PILE OF DUCKS ON TOP OF A BOX INSIDE THE PEN. IT DID APPEAR THAT THERE WERE AT LEAST A DOZEN DUCKS IN THIS PILE. ALL THE DUCKS WERE DEAD. DEPUTY TUCKER POINTED OUT A GERMAN SHEPHERD TYPE DOG THAT WAS LAYING DEAD AGAINST THE SOUTH FENCE OF THE PEN, AND ANOTHER GERMAN SHEPHERD TYPE DOG THAT WAS LAYING DEAD INSIDE A SMALL LITTLE OUT BUILDING THAT WAS UP AGAINST THE SHED TYPE STRUCTURE MORE TO THE NORTH. DEPUTY TUCKER ALSO ADVISED THAT THE REPORTING PARTY BELIEVES HE MAY HAVE HIS ANOTHER ONE OF THE DOGS WITH A BULLET AS IT WAS RUNNING OFF. HE ADVISED THE DOGS RAN BACK TO THE RESIDENCE TO THE SOUTH. I RESPONDED TO THE NEIGHBORING RESIDENCE ON THE NORTHWEST CORNER OF LAMB AND HENRY STREET ALONG WITH DEPUTIES BRODERIUS, TUCKER, AND LAEGER. THE ADDRESS WAS LATER FOUND TO BE 7309 HENRY STREET. IN SPEAKING WITH THE FEMALE T OF H CE AT THE FRONT GATE, SHE ADVISED THAT HE HAS A TOTAL OF 14 DOG ON THE PROPERTY. WE OBSERVED THAT THERE nRE FOUR DOGS RUNNING AROUND LOOSE WITHIN THE FENCED YARD, AND TWO OTHER DOGS THAT WERE CHAINED UP. THE FOUR DOGS THAT WE SAW RUNNING LOOSE WERE ALL GERMAN SHEPHERD CROSS. THE OWNER OF THE DOGS, LONA COWAN, SAID THAT THE DOGS ARE A GERMAN SHEPHERD HUSKY CROSS. SHE SAID THAT TWO OF THE DOGS ARE MALE AND TWO ARE FEMALE. ON ONE OF THE MALE DOGS WE OBSERVED THERE APPEARED TO BE BLOOD ON THE RIGHT SHOULDER. WE ADVISED MRS. COWAN OF THE SITUATION AND ADVISED HER THAT SHE WOULD BE CITED INTO COURT FOR OWNERSHIP OF A DANGEROUS DOG TIMES SIX, AS WELL AS OUR HAVING TO TAKE THE FOUR DOGS THAT WERE RUNNING LOOSE IN THE FENCED YARD. MANAGER METZGER RESPONDED TO THE SCENE WITH THE ANIMAL CONTROL TRUCK TO TAKE POSSESSION OF THE FOUR DOGS. DEPUTY LAEGER LEFT THE SCENE PRIOR TO MANAGER METZGER ARRIVING ON SCENE. I ISSUED LONA COWAN WITH SUMMONS/COMPLAINT NUMBER 17779 FOR THE CHARGE OF UNLAWFUL OWNERSHIP OF A DANGEROUS DOG, (SIX COUNTS. COPY Use r, i.jformatioR is r W DD NOT DISSEMINATE PTXT ; PAGE NO. 0006 GP0855 RM98 03-08-2000 11 : 03 WC0000825 1 AFTER MANAGER METZGER ARRIVED ON SCENE WITH THE ANIMAL CONTROL TRUCK, ALL FOUR DOGS WERE CAPTURED AND TAKEN TO THE HUMANE SOCIETY WITH MINIMAL DIFFICULTIES. NOTHING FOLLOWS. CASE IS CLEARED BY ARREST. THIS IS THE END OF THIS REPORT Report Approved By: WC0065 HAFFNER, EDWARD L es'"copy Use • . ,. !i ?t : :;i::oi , r LAW NOF Dff) E INATE PTXT PAGE NO. 0007 GP0855 RM98 03-08-2000 11 : 03 WC0000825 2 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC00-825 Supp Date: 022200 Time: 0430 DEP: WC0287 BRODERIUS, JOHN DAVID C Crime/Incident: HARBORING Original Date Reported: 022200 A VICIOUS DOG Case status : OPEN Victim Name: Connecting case numbers : + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: 4 IMPOUND SHEETS IITEM NO: 2 DESC: EVIDENCE SHEET S102008 IITEM NO: DESC: IITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 022200 Item#: 1 Tag# : S102008 Store at: IBra: Mod: Ser: Pieces : IDesc: FILM OFF : WC0287 'Val : Cat: X Art: FILM Mak: T-Cat: Cal : IOAN: Rcvd-Date: R-Val: NARRATIVE/FACTS: ON 02-21-00, I RESPONDED TO THE AREA OF 7509 HENRY STREET, FORT LUPTON, WELD COUNTY, COLORADO. AT THAT LOCATION, I ASSISTED DEPUTIES TUCKER AND WAGONER WITH A VICIOUS DOG CALL. MY INITIAL ACTION WAS TO SEARCH THE AREA FOR ANY POSSIBLE REMAINING VICIOUS DOGS WHO HAD BEEN IN THE AREA AND KILLED SEVERAL DOMESTICATED DUCKS. AFTER A BRIEF SEARCH, WE WERE UNABLE TO FIND ANY DOGS AT LARGE IN THE COMMON AREAS, BUT WE DID FIND SEVERAL DOGS MATCHING THE DESCRIPTIONS OF THE ONES WHO HAD ATTACKED THE DUCKS. THESE DOGS WERE LOCATED AT 7509 HENRY STREET. AT DEPUTY TUCKER' S REQUEST, I TOOK PHOTOGRAPHS OF THE DEAD BIRDS IN THE LOCATION WHERE THE ATTACK HAD OCCURRED. I FIRST PHOTOGRAPHED THE DEAD AND INJURED WATERFOWL. I NEXT PHOTOGRAPHED THE TWO DOGS WHO HAD BEEN KILLED BY THE OWNER OF THE DUCKS. I NEXT PHOTOGRAPHED THE PART OF THE PEN THAT HAD BEEN KNOCKED DOWN THROUGH WHERE THE OWNER SAID THE DOGS HAD COME IN. WHEN I ASKED, THE OWNERS ASSURED ME THAT THE PEN HAD BEEN IN GOOD SHAPE PRIOR TO THE ATTACK BY THE DOGS. I NEXT ASSISTED DEPUTIES WAGONER AND TUCKER WITH THE CAPTURE OF THE Y y Use n,' I' ' b LAW 1U 1'U T Lai c t°�L NATE PTXT PAGE NO. 0008 GP0855 RM98 03-08-2000 11 : 03 WC0000825 2 FOUR DOGS. THE OWNER OF THE DOGS ASSISTED BY PLACING THE CATCH- POLE AROUND THE NECKS OF THE DOGS SO THAT THEY COULD BE SAFELY LOADED INTO THE VEHICLE. ALL FOUR DOGS WERE LOADED INTO SEPARATE CONTAINER CAGES IN THE ANIMAL CONTROL TRUCK. BEFORE LEAVING THE SCENE, ALL FOUR DOGS WERE CONSCIOUS AND BREATHING. ONE DOG, A SMALLER FEMALE, APPEARED TO BE UNCONSCIOUS AT THE TIME THAT SHE WAS LOADED INTO THE TRUCK, BUT BEFORE LEAVING, IT WAS VERIFIED THAT SHE WAS CONSCIOUS, ALERT, AND BREATHING. AFTER THE DOGS WERE LOADED, THEY WERE TRANSPORTED TO THE NORTHERN COLORADO ANIMAL LEAGUE SHELTER. I ASSISTED DEPUTIES LAEGER AND NOONAN AND MANAGER METZGER IN UNLOADING THE DOGS. FOOD AND WATER WAS PLACED INTO FOUR OF THE OVERNIGHT HOLDING PENS WHERE THE DOGS WERE TO BE PUT. EACH OF THE DOGS THEN WAS SEPARATELY CAUGHT ON A CATCH-POLE AND TAKEN INTO THEIR RESPECTIVE PENS. ALL DOGS WERE CONSCIOUS, ALERT, AND BREATHING ONCE THEY WERE INSIDE OF THEIR RESPECTIVE INDIVIDUAL CAGES. IT SHOULD BE NOTED THAT THE DOG NAMED T.J. , A FEMALE HUSKY-SHEPHERD MIX, HAD WHAT APPEARED TO BE BLOOD ON HER RIGHT FRONT SHOULDER. THIS BLOOD WAS OBSERVED BEFORE THE DOGS WERE CAUGHT AT THE HENRY STREET ADDRESS. ACCORDING TO THE OWNER OF THE DUCKS, WHEN HE SHOT THE DOGS, TWO OF THEM WERE KILLED, AND HE BELIEVES THAT HE HIT POSSIBLY ANOTHER ONE OR TWO. THE OWNER OF THE DUCKS WAS SHOOTING A .22-CALIBER LONG RIFLE, A RIFLE-TYPE FIREARM. IT IS UNKNOWN IF THE DOG NAMED T.J. WAS BLEEDING FROM A GUNSHOT WOUND OR POSSIBLY HAD BLOOD FROM ONE OF THE DUCKS WHO HAD BEEN KILLED. THE FILM HAS BEEN LOGGED INTO EVIDENCE AT THE GREELEY/WELD COUNTY EVIDENCE STORAGE FACILITY. THE CASE IS TO REMAIN OPEN, I-1 . NO FURTHER ACTION TAKEN BY THIS DEPUTY. THIS IS THE END OF THIS REPORT Report Approved By: WC0064 HOOLEY, JOHN co py Use o a , i � ,rri 4 or?tDO NOT DISSEMINATE PTXT " PAGE NO. 0009 GP0855 RM98 03-08-2000 11 : 03 WC0000825 3 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 3 FOR CASE# : WC00-825 Supp Date: 022300 Time: 1400 DEP: WC0042 CLAUSSEN, DOUGLAS R Crime/Incident: DANGEROUS Original Date Reported: 022100 DOG Case status: CLEARED Victim Name: KIBEL, DUANE Connecting case numbers: NARRATIVE/FACTS: ON FEBRUARY 23, 2000, I RESPONDED TO 7309 HENRY STREET, ARISTOCRAT ACRES, WHERE I CONTACTED LONA COWAN. LONA COWAN IS THE OWNER OF THE DOGS INVOLVED IN THIS INCIDENT. PER A REQUEST FROM WELD COUNTY DEPUTY PETE WAGONER AND DEPUTY J.D. BRODERIUS, I CONTACTED LONA COWAN IN AN ATTEMPT TO HAVE HER IDENTIFY THE DOGS THAT HAD BEEN SHOT AND KILLED AS HERS. LONA COWAN RODE WITH ME TO 15540 CASLER, WHERE SHE COULD VIEW THE DOGS FROM HENRY STREET. THE DOGS HAD BEEN MOVED FROM THEIR ORIGINAL POSITION BY THE KIBELS, AND THE DOGS WERE NOW VISIBLE FROM HENRY STREET. LONA COWAN STATED SHE DID NOT FEEL COMFORTABLE CONTACTING THE KIBELS AND GOING ONTO THEIR PROPERTY TO IDENTIFY THE DOGS. FROM THE ROAD, LONA COWAN WAS ABLE TO CLEARLY SEE THE DOGS AND DID IN FACT IDENTIFY THE DOGS AS HERS. AFTER TAKING LONA COWAN BACK TO HER RESIDENCE, I RE-CONTACTED THE OWNER OF THE LIVESTOCK THAT HAD BEEN KILLED BY THE DOGS. I INFORMED THE KIBELS THAT LONA COWAN HAD POSITIVELY IDENTIFIED THE DOGS AS BEING HERS, AND THAT THEY COULD NOW DISPOSE OF . THE DOGS AS THEY SEE FIT. NO FURTHER ACTION TAKEN BY THIS DEPUTY. THIS IS THE END OF THIS REPORT Y 4' COP �c }� I )forr�i%1ttOn d i 4 1,, r\vi PTXT PAGE NO. 0010 GP0855 RM98 03-08-2000 11 : 03 WC0000825 3 Report Approved By: WC0068 TOFT, RICHARD J cY UHf., r'."matton se 0' 4' t.! LAW �I l ` 'Y, �11� tilAlY E •� �V 1 i J PTXT •' PAGE NO.0011 GP0855 RM98 03-08-2000 11 :03 WC0000825 4 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 4 FOR CASE# : WC00-825 Supp Date: 022200 Time: 1730 DEP: WC0270 OTIS, WENDY Crime/Incident: VICIOUS Original Date Reported: 022100 DOGS Case status: CLEARED Victim Name: KIBEL, DUANE Connecting case numbers: + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + ( ITEM NO: 1 DESC: ANIMAL CONTROL SLIP IITEM NO: DESC: ( ITEM NO: DESC: ( ITEM NO: DESC: NARRATIVE/FACTS: THIS OFFICER RECEIVED A REQUEST FROM DOG OWNER LONA COWAN TO EXCHANGE ONE OF THE DOGS TAKEN INTO CUSTODY IN THIS CASE. SHE ADVISED THAT SHE FELT THAT HER MALE DOG SMOKEY HAD NOT BEEN INVOLVED IN THE KILLING OF THE DUCKS. SHE SAID THAT SHE COULD NOT BE POSITIVE BUT SHE THINKS THAT SMOKEY WAS INSIDE THE HOUSE AT THE TIME OF THE ATTACK. SHE ADVISED THAT THAT MORNING A FEMALE DOG NAMED BEAR HAD RETURNED HOME AND HAD BLOOD ALL OVER HER. SHE FELT THAT THIS WAS THE DOG INVOLVED IN THE ATTACK RATHER THAN SMOKEY. THE FEMALE DOG BEAR WAS TAKEN INTO CUSTODY AND WAS TRANSPORTED TO THE NORTHERN COLORADO ANIMAL LEAGUE. LONA' S HUSBAND DAVID DID SIGN HER OVER TO POSSESSION OF THE NORTHERN COLORADO ANIMAL LEAGUE. AFTER CONSULTING WITH MANAGER MARGIE MARTINEZ IT WAS DECIDED THAT WE WOULD NEED TO FURTHER DISCUSS THE INCIDENT WITH THE DEPUTY' S ON SCENE. WE NEED FURTHER INFORMATION AS TO WHETHER OR NOT SMOKEY WAS ACTUALLY SEEN RUNNING AT LARGE AND POSSIBLY IN THE ATTACK. INVESTIGATION CONTINUES. THIS IS THE END OF THIS REPORT C y D`t' • t' i,111 nation DD l'dv t 'ioStiviiNq LAW PTXT • PAGE NO.0012 GP0855 RM98 03-08-2000 11 : 03 WC0000825 4 .Report Approved By: WC0032 MARTINEZ , MARGIE C ten) Use co is,rormation re : :, at :.,1 by LAW DO NOT DISSEMINATE Is • V5 q Pr:RLf SU',IMC.NS i COMPLAINT OR PENALTY AS3ES3ME`Jr THE PEOPLE OF THE STATE OF COLORADO VS: ISSN'. CODE POST ACF CR/U t'r('C. ,1.1c)N o 17779 Dernndanl ILA NName,{� (Fast) �1 fMiddlel Date ofBinh Mo.�Dayir Age Vrdetin Mo. Day Yr LL` �'.lrlT -C+4/YT '_jtlT1 LL7N/ ( L Y 3� ( I Traffic 9e Penal �.) je,b CJ DBIandaMyP 'en C, -II /� [�[/y. �IBte Zip Code Dy on of Travel Approx.Ti Vio190on r -3l J A:74/"L 51--, gill 1l till i/ L S l L.) / N ion .2 Debra cense Number and Type StarRawl Se Hs t WapM M E Home Telephone County p —4 qI�r i ci //Employer ( . L� Ilta ! teLL 35 J Mil/ 7 ���� U'1 Emplo Name AEUre,e j..fir/lpallon Buunes.TBlepnme Accident Imol,o Vnn¢Ia L[anM Number aAlnd/1� idzit.l C IL.i'' �� Ad,4A -i ( I Ye INo ( Onae INo Al/A-- Slate Vence Year Make Type or Body Style Approximate Location tiC of Violnton,})/pq,to of Co 'do //,�/� Vehicle Color(Io 'Bosom) 'Viet I)(On ,_J`fLn /".L1_) Len( /JL'Lv I ( )Al Inrmaection With. MILES /yROM/ j� / (C CT. YOU ARE SUMMONED AND ORDERED TO APPEAR Rrpinoreo Owner - TO ANSWER CHARGES AS STATED BELOW IN. Name and Moen) O 1 1 Sams:u above.or 9 t MO DAY YR AM WELD COUNTY COURT AT: / C-,I //,a'{ iN _ O ;COLORADO (r -1 '] y/ /� ! V A'} .1 1 1-( ! YV3. ! t - C l 4 ON f. 'l ✓ 1 cc AT 1.Lit ISM Z N - C- R Sn42-4-207(2)Code ._._ _ I I CRS 42 1101( -_)( )Code _-__,__ I''CRS 42+1409(1)Code 954 Ownor Oporalod Unrnnurod Motor Voiotia N( wont safely malt not in uso. Speeding MPH m __[anO r CPS 42-4-1409(2)Cafe 957 Poison Operated nl Umneum0 Motor Vollrclu l _ Moor ( )Front Sent Passenger g --" I I CRS 42+1409 p)COG 957 Failed to Present EwJunco of Insurance �.- .r r illy 1 ....r el ir- 1 I r: m H f'; SE T10 n W (/'' g .{ / I� CODE a_ 'UM rl' 'era. CRS 1 J i- J L`I, S LL V LrS•w�.t L dt,. L 4C 4 yi C.h 4.t.vC.l-ca I ! c:c• rt. O it ; L2)tiil—_LZ ',era. I�r4-'Y L!\uti .LL QL,)Ar4 A D. M4.LLt-+.J bch A4\ -1t k� ei} u - •T \ _ f T1 ^ tit t� f U�1'�'1_T tC f,1� tLLN.1l- �)Z: 1., , � TI...'� �� (It3 �u�jCl CODE �_ is - E E . d � S ) I,kl I S;\.'. s{.v�.( 3 NHVC'CUSTODLA FINGER COL CMCL VEH REG CMV USCOT. PLACARDED 1 I IARREST ( I PRINTED 1 ) ( 1 CPI INVOLVED ) I HAZ MAT ( I -. SUMMONS TRAFFIC INFRACTION 11 OFFENSE(e) r r ._ r AILED O s _ Wrmuut adminln Il, promise to a J D 9'lur P PPeer anne _ < time and place rn.yq cote('above. , '�• ar L DEFENDANT J Corr_ Lri.A. rn in NOTICE.SEE INSTRUCTIONS ON REVERSE SIDE THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE TJM ENQANT COMMITTED THE OFFE EIS)AGAINST THE PEACE AND IGNITY OF THE PEOPLE OF TH STATE OF COLORADO AND LI AFFIRMS THAT A COPY CF THIS SUMMONS&COMPLAINT.DR PENAL ' MEW WAS SERVED UPON THE DEFENDANT DATE MO. DAY YR. ISSUED e)� at �c OFFICER L . U/ - u'- OFFICER-PRINT ////Z} �� ST NAME N. G c/(' )�- NO re,, ,,,,, , , ‘,, , , r,„..,,r, 1 e . r_); i C..� �tl L.l ,-r• t by L}-1 L DO NOT DISSEMINATE CASE NO. 003 -000504 SMALL CLAIMS COURT,COUNTY OF WELD,STATE OF ,.."- DATE : 11/03/00 CTRL D COLORADO ( ) In Chambers JO: CHARLES UNFUG MINUTE ORDER Recorded electronicall in Open 3 ogrt CLERK: Sharon Shea Tape No.� / 3 ' ), IBEL, DUANE ( COWAN, LONA ( KIBEL, SUZANNE ( ) () () ( )ATTY: ( )ATTY: CONTINUANCE ( ) Upon Motion of ,on the grounds of this case is continued until , 2000 at a.m./p.m.for min./hrs. ( ) Clerk is directed to send notice/copies of this Minute Order to parties. DEFAULT ( ) DEFAULT is hereby entered against Defendant(s),having failed to appear this date and time: ( ) JUDGMENT is hereby entered by default in favor of Plaintiff,and against Defendant(s),jointly and severally in the amount of$ , interest accrued to date of$ ,Court costs of$ . ,and attorney's fees of$ plus statutory interest/interest at the rate of %per annum from date of Judgment. TRIAL WITNESSES p y ' ' Witnesses sworn an��ifying on half of P ntiff: s�� $ /�7 ')524'ii nG�GllsSJ 2 U2r(p if i / 3) /MJQ/ erampL 4),frf� IJe/vcv 3c1--Witnesses.sworn and testifying on behalf of Def dant: 1) fro,. (A-t,.'- 2) 791 C-91'"`r:'t 3) 4) '" EXHIBITS W.Plaintiff's exhibits offered and received: /iv 1) 2) 3) 4) Defendant's exhibits offered and received: /7� . A) B) C) D . JUDGMENT JUDGM NTjs hereby entered after Trial to the Court,in favor of t"i and against �1 ,in the amount of S 2,0o, interest accrued to date of S ,Court costs of S Tf{c,� and attorney's fees of ,plus statutory interest/interest at the rate of IS/T^%per annum from date of Judgment. INTERROGATORIES ( ) THE COURT HEREBY ORDERS to file Answers to Interrogatories with the Court by . STIPULATION ( ) The parties have stipulated in Open Court that execution of Judgment entered herein is stayed through 2 000 at which time S is to be paid. If such amount is paid by that date,execution will be stayed further until the day of each successive month thereafter at which time said amount is to be paid monthly. DISMISSAL ( ) THE MATTER IS HEREBY DISMISSED with/without prejudice on the grounds of: COURT ORDER ( ) THE COURT HEREBY ORDERS: EXHIBIT 1 aims Magi to!� t COUNTY COURT, WELD COUNTY, STATE OF COLORADO CASE NO 00 M 500 DIVISION A ORDER FOR RESTITUTION AND AMENDING TERMS AM) CONDITIONS OF PROBATION THE PEOPLE OF THE STATE OF COLORADO, FILED IN COUNTY COURT JAN 1 2 2001 vs. LONA COWAN Weld County, Colorado Defendant. THE COURT has taken judicial notice of the file, testimony and evidence in Weld County Small Claims case 00 S 504, reviewed the file and listened to the tape of the entire trial and ruling by the magistrate. THE COURT FINDS AS FOLOWS: 1. The Defendant in this case was sentenced to unsupervised probation on February 24, 2000 for a period of 6 months, including Terms and Conditions to pay fines, costs and restitution in an amount to be determined at a later hearing. 2. The defendant failed to appear at that later hearing, and the Court continued that hearing until the Defendant's arrest. 3. Suzanne and Duane Kibel have suffered a pecuniary loss proximately caused by Defendant's conduct in this case to the extent of the value of 12 muscovie ducks, being 3 blacks, 3 blues, and 6 chocolates. 4. The expert testimony in the Small Claims case was that the value of the ducks was as follows: Blue and black males $75.00 each Blue and black hens $50.00 each Chocolate males $100.00 each Chocolate hens $75.00 each EXHIBIT 5. The gender of the ducks was not provided to the Court in this matter, nor the subject of testimony in the Small Claims case. filed, all exhibits had been returned to the the time of the review of the Small Claims istrate did not make itemized findings of fact. Therefore, the Court can make no finding as to the gender of the ducks. 6. Without having the gender of the ducks before the Court, the Court's restitution order must be for the lower of the amounts proven. IT IS THEREFORE ORDERED AS FOLLOWS: 1. Defendant shall pay restitution for the benefit of Suzanne and Duane Kibel, 15540 Casler, Ft. Lupton, Co. 80621 in the amount of$750.00, consisting of the following: 3 blue ducks 3 black ducks @$50 = $150.00 @$50 = $150.00 6 chocolate ducks @$75 = $450.00 which begins to accrue interest at of 12% per annum from the date of this Order. 2. The terms and Conditions of Probation entered on February 24, 2000 are hereby amended to include the payment of such restitution. 3. The Term of probation is continued for a period of 6 months from the date of this Order, to July 12, 2001, to accommodate the payment of the restitution ordered herein. 4. Such amount as ordered herein is included within the judgment entered in 00 C 504. Payment made in satisfaction of the judgment i tog in thethat amount case shall of restitution due hereunder. Defendant shall provide an d accounting t as payment the Collections Investigator of all sums paid on the judgment in 00 S 504 after the date ofjudgment therein and prior to the date of this Order, and be given credit accordingly. DATED: January 12, 2001 BY THE COURT: C ntY urt Judge Hello