Unleashed Dog on the Beach – Fine Upheld

February 16, 2018 2:34 p.m.

ORDER OF SPECIAL MAGISTRATE CODE ENFORCEMENT CITY OF FERNANDINA BEACH, FLORIDA

A hearing was held in commission chambers at 2 P.M. on Friday, February 8, 2018 on appeal of Mr. Thomas Groff, resident of 314 North 4th Street Fernandina Beach, Florida 32034, who received Citation #2018-0735 on January 13, 2018 for violation of COFB Ordinance 90-45. Mr. Groff timely paid the applicable COFB Municipal Code Section 2-399(e)(2) appeal fee of $75.00 and requested an appeal hearing. Ms. Tammi E. Bach, City Attorney for the City of Fernandina Beach appeared on behalf of the City.

Mr. Groff appeared and testified on his own behalf. All witnesses were duly sworn and exhibits were entered into evidence. Neither side was limited as to arguments or time allotted. After being sworn, Police Officer Jorge Hernandez testified that on the afternoon of January 13, 2018 he was on beach patrol driving north in a marked police car when he came upon Mr. Groff and his wife walking their dog. Officer Hernandez said that the dog was off the leash and as he approached the couple, Mr. Groff leashed the dog. Officer Hernandez further testified that on January 12, 2018 he cited 4 individuals and on January 13, 2018 he cited 5 individuals, all for violations of COFB Ordinance 90-45.

Attorney Bach admitted as evidence footage from Officer Hernandez’ body camera. The footage showed Officer Hernandez issuing the citation and Mr. Groff’s acceptance of the citation, as well as Mr. Groff’s verbal acknowledgement that he broke the leash law to allow his blind dog to run and get her feet wet. When asked if he wished to question Officer Hernandez, Mr. Groff declined to do so and instead made a statement. When asked if he wished to have the video footage played from the beginning Mr. Groff stated that he did want to play it from the beginning because the whole reason he is here is because of how the officer called him over to the vehicle, with a “finger wave.” Then Mr. Groff continued his statement, several times admitting that his dog was off the leash, stating that in the past the ordinance has not been enforced and stating that he thought he should have received a warning given that there were few people on the beach that day. He also complained that he was “perturbed” by the officer’s demeanor when issuing the citation.

At the conclusion of his statement Mr. Groff reversed his earlier request to play the video, stating, “no, I don’t want to waste anyone’s time…Actually, the reason I came here was to vent.” Mr. Groff was asked three more times if he wished to play the video and each time he declined and continued his statement. At the conclusion of testimony, and there being no further evidence, the hearing was adjourned at approximately 2:14 P.M. Minutes of the hearing were prepared by Katie Newton, Assistant to the City Attorney for the City of Fernandina Beach. Upon review of the evidence presented, and being otherwise advised of the premises, I find as follows:

1. It is undisputed that on January 13, 2018 Mr. Groff violated COFB Ordinance 90-45.
2. COFB Ordinance 90-45 does not require officers to issue a warning prior to issuing a citation.
3. Mr. Groff’s appeal is denied and the $75.00 fine paid to the City of Fernandina Beach is hereby forfeit to the City.Done and ordered at the City of Fernandina Beach Florida this 13th day of February 2018.

_______________________________________ Miriam R. Hill Code Enforcement Special Magistrate, City of Fernandina Beach