News : County Dog Ordinance under discussion again in Benton County

A dog that doesn't belong to the owner can be seen in the DeLong yard before it attacked one of the cats on the property

At Tuesday's meeting of the Benton County Supervisors had at the top of the agenda, the topic of amending County Ordinance 37. Derek Marsh, one of the Assistant County Attorneys, opened the meeting with a brief discussion on Ordinance 37. He introduced Kelley DeLong a county resident, was on the agenda concerning the proposed changes to Ordinance 37. The current ordinance can be seen here. 

DeLong spoke sharing that she believes the county needs a "behavior based approach" to animal control rather than a simple breed approach. She said it punished dogs based on their breed rather than behavior, promoting "fear rather than fairness." In the current language of the ordinance, she said that trespassing is not considered a punishable offense. She proposed that "consistent trespassing of known animals who are off leash, uncollared, and unidentified on other people's property is dangerous and harmful." She shared that dogs involved in one fatal attack are more likely to attack again if there is a pattern of aggression, coordinated killing, owner unable to control and owner negligence if not addressed. 

She was instructed not to share video during the meeting. She feels that there should be a penalty for owners whose dogs, for example "crosses three fence lines, crosses a creek and kills an animal on your deck," but the ordinance does not cover this. 

She proposed that

"Mandatory custody and disposition should be handled following one fatal attack. Immediate custody of an animal

- if an animal kills a domesticated animal while it is off its owners property or is unlawfully on another persons property, the animal shall be immediately taken into custody by animal control or law enforcement for evaluation.  

- Make sure that those animals are verified and classified. Following a verified attack by a witness, video, photos, repeated videos, repeated photos or veterinary confirmation,  this shall result in a classification as that animal as vicious and dangerous. The animal should then be disposed, euthanized humanely if identified by a veterinarian that it poses a threat or placed under strict quarantine in an off-site facility or transferred to a safe facility as part of the owner's responsibility at the owners cost."

She said that animals should not pose a threat to the community. She feels that this amendment seeks to "enhance public safety, provide clarity, for animal control and law enforcement and aligns with evolving expectations regarding the responsible regulation of dangerous animals."

Marsh asked whitch county she had looked at for ordinance, she advised that Linn has a good ordinance. (Their ordinance can be seen here.) Another question was if we have animal control, but we do not. 

Leslie Mariette, sister to DeLong spoke in support citing "multiple fatal dog attacks" by repeat offenders. She said that officers had cited Ordinance 37 as reasons for the inability to do anything about the attacks. She recalled an event she witnessed in Linn County which resulted in a swift response to a dog attack. She said that Benton County's ordinance requires a second attack within 12 months before the issue can be addressed. She suggested stronger definitions, penalties for reoffenses, and tools for proactive reinforcement. 

Seeman said that they would have the County Attorney's office look into the issue.

A bit of history of the issue via a TV interview:

DeLong said that dogs have come onto her property in the past attacking chickens, ducks and cats. She placed a fence to keep animals out and also placed Ring cameras up to capture vidoe of what was happening on her property. 

She saw two dogs enter her yard and kill one of her pet cats. Two more cats were killed one while her daughter was in the yard.

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Unfortunately, the Sheriff's Department is bound by the law which is vague concerning situations like this. Unfortunately, unless a dog attacks a person twice within a year, nothing forces the animal to be put down...unless it is a pitbull or pitbull mix as this is the only breed considered dangerous. 

DeLong shared some of her survelliance video with KCRG, which can be seen here.