Washington County Enterprise-Leader
Lincoln Puts ‘Teeth’ In Vicious Animal Ordinance
LINCOLN — An incident involving injuries from a dog attack prompted officials to recommend updating the city’s municipal code that deals with dangerous or vicious animals, according to Mayor Doug Hutchens.
Lincoln City Council in a special meeting last week approved an ordinance to amend the city code for dangerous or vicious animals and also approved an emergency clause so the measures would go into effect immediately.
Hutchens said the police department found that the city’s code for dealing with vicious or dangerous animals did not have any “teeth” in it.
Chapter 6.12 with the municipal code defines a dangerous or vicious animal as one that has demonstrated by prior conduct or attitude toward another animal or person a reasonable likelihood to attack and seriously injure either.
The chapter bans dangerous or vicious animals within the city limits and also requires that all dogs must be confined indoors or in a fenced area.
It provides a penalty for a person found guilty of violating the ordinance but does not give the city any authority to deal with an animal considered vicious or dangerous.
After the meeting, Lincoln police officer Zach Hall said he was dispatched to an address because of a domestic call. When he got there, he said he found a man had been trying to help a woman who
was being attacked by a dog. The dog was not there when he arrived but the woman was bleeding from three gashes on her arm.
Hall said he applied a tourniquet and then Central EMS arrived to treat her and take her to the hospital.
Hall told city council members that he believes if he hadn’t applied the tourniquet and Central EMS had not arrived, the woman would have died from her injuries. From his understanding, Hall said the dog was not on its own property.
The new ordinance amends Chapter 6 on vicious animals and gives a law enforcement officer the option to order the owner of an animal to restrain or impound the animal, in lieu of seizing it, pending an investigation.
At the end of the quarantine period mandated by law or three days after the animal comes into impoundment (whichever is greater), the animal would either be returned to the owner or be euthanized, according to the ordinance.
The ordinance prohibits the animal from being fostered or adopted by anyone other than the owner.
An owner who does not keep the animal restrained or impounded as ordered will be charged with a misdemeanor and if convicted, subject to fines, costs, civil actions and euthanization orders as provided for in the ordinance.
A person found guilty of violating the section of the ordinance that deals with vicious or dangerous animals will be fined a fee that ranges from $100 to $1,000 and each day that a violation occurs would be considered a separate offense.
In addition to the fines and other penalties, the mayor with city council approval has the authority to initiate civil action to compel compliance with the ordinance and seek relief, including an award of attorney fees and costs.
The ordinance says an emergency clause is necessary because of “multiple incidents in the city of Lincoln within the last 90 days of people being attacked and seriously injured by animals kept as pets.”
During the council’s discussion about the ordinance, council member Pam Christian said she was concerned that animals would be considered vicious that were only protecting themselves.
“I just don’t want it made where every dog that barks or growls at someone is going to be put down,” Christian said.
Her recommendation was to enforce the laws the city already has and then dogs wouldn’t be “running all around town.”
Hutchens pointed out the ordinance provides another tool for the city.
Rhonda Hulse, city business manager, added that the city’s animal control officer is only one person and he also has other responsibilities.
Council member Johnny Stowers said he disagreed with an emergency clause on the ordinance because he thought people in the community should be able to learn about the ordinance before it went into effect.
Hutchens responded that he believed it was an emergency and the city needed to address the issue. Officer Zach Hall spoke up during the meeting and said he agreed with the emergency clause in light of the recent dog attack.
The council unanimously approved the ordinance and unanimously approved the emergency clause.