“The three pit bulls harassing the CYP employee on CYP property were the three pit bulls belonging to the Nelsons, as reported by the CYP employee who observed the dogs leaving the CYP property on Oct. 3 and returning to the Nelson property,” states the board’s findings of fact. “The three pit bulls reported as attempting to attack a neighbor’s dog on Sept. 27 on property not belonging to the Nelsons were reported to be and described as the pit bulls owned by the Nelsons.”

The board issued the findings of fact this week and concluded that the record indicates pit bulls belonging to the Nelsons were roaming at large off the owners’ property five times between January 2011 and Oct. 3, 2013. Board members Paul Weidman, Frank Monterisi and Betty Hill found the incidences met the ordinance’s definition of “animal frequently at large,” while board member Michael Axelrod said those occurrences to him were insufficient in frequency to constitute “animal frequently at large.” The board requires three votes, so the three citations for animal frequently at large stand were not granted an appeal.

Regarding the citation issued to Judith Nelson for interference with an animal control officer, board members said Judith Nelson provided proof of rabies vaccinations and her driver’s license when asked to do so by officers on Oct. 3 and found insufficient testimony or evidence to establish that she interfered with an animal control officer, so the board granted Judith Nelson’s interference with an animal control officer appeal.

The board also found insufficient evidence or testimony to establish that Byran Nelson’s statements or conduct on Oct. 3 rose to the level of interference with an animal control officer, so granted that appeal.

The citation to Brad Nelson for interference with an animal control officer was upheld with the board finding as fact that Brad Nelson tugged the shirt sleeve of Officer Jake Staggs in an attempt to move him away from his duties on Oct. 3. The citation also stated Brad Nelson refused to provide identification when asked to do so by animal control officers.

Board members determined that statements attributed to the Nelsons when they told officers to get a real job using curse words, “while likely offensive to some, insufficient on their own to establish interference with an animal control officer,” states the board’s decision, prepared by chair Weidman.

The decision was officially entered on Dec. 3.

The decision can be appealed by filing an appeal to the Polk County Superior Court within 30 days.