After biting incident, council upholds dangerous animal classification

The Red Oak City Council voted to deny an appeal to lift a dangerous animal classification from a dog that bit a 9-year-old girl.
The incident took place on Nov. 20 at the residence of Angie Echternach in the 1100 block of Division St. Speaking before the council, Echternach said the dog, a male Australian Sheppard mix, was not a vicious animal.
“My son has had friends in and out of the house with no issue. I’ve had him at various businesses with no issues, my daughter had a friend over who stayed the night and again there was no issue,” said Echternach.
Red Oak Animal Control Officer Bill Deitering said the girl received 36 stitches to her leg from the bite, and he had not received any complaints about the dog being at large, nor had he heard any complaints about the dog prior to the incident.
Echternach stated she had texted the girl’s mother indicating the dog did not like her daughter, and the bitten girl requested the dog be let out. Echternach said she does not allow kids at her house when she’s not home, but the girl was at her house while she wasn’t home, and was climbing the trellis when Echternach pulled in.
Under city code, the dog was given a dangerous animal designation under chapter 55 of the code of ordinance, an animal while not at large that bites or attacks a human being without provocation.
According to Echternach, the injured child had antagonized the dog for a year, and the dog had been provoked, and she had told the child not to be on her property.
City councilperson Jeanice Lester said the council had no guarantees if the child entered Echternach’s yard again, even if she wasn’t allowed.
Councilperson Brian Bills sympathized with the situation being a dog owner, but he wasn’t sure what other direction the council could go other than the designation.
City attorney Bri Sorensen advised the council on the next steps that could be taken.

“The child was climbing a trellis at the time the dog attacked her. I’m not sure how that classifies as provocation. The city ordinance is meant to protect people,” advised Sorensen.
She also said there was no evidence submitted indicating a history of provocation.
Echternach reiterated she had warned the child’s mother the dog didn’t get along with her daughter and said no kids were supposed to be at her house when she was not home.
Lester and Bills said with 36 stitches needed, it was beyond a bite, it was an attack.
“I think it’s frightening, and I think that once a dog bites, it will bite again. I feel we need to uphold the designation,” commented Lester.
Under the dangerous animal designation, the dog would be required to be put down. Bills asked Deitering if there was any other option for the dog other than being euthanized. Deitering said there was one other option.
“The other option would be to have the dog permanently removed from the city, but in the past, they have had dogs that bit someone, were moved to another location, and bit another dog or someone else, though I’m not saying that the Echternach’s dog would do that,” Deitering explained.
Bills asked Echternach if there was another location the dog could be moved to. Echternach said she knew some people with a farm, but she had not pursued that avenue pending the council’s decision. Echternach felt she could potentially find a new location for the dog in about 10 days. The council upheld the dangerous animal designation, and gave Echternach 10 days to move the dog outside of city limits. If unable to meet the deadline, the dog would be euthanized per city code.
The council also approved a professional service agreement for Al Vacanti of Vacanti Municipal Services to serve as interim city administrator and city clerk. Sorensen said the terms of the revised contract were agreeable between the city and Vacanti. Vacanti began his duties Dec. 6.
 

The Red Oak Express

2012 Commerce Drive
P.O. Box 377
Red Oak, IA 51566
Phone: 712-623-2566 Fax: 712-623-2568

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