Sioux City, IA: Hobart calls for softening city’s animal laws

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http://www.siouxcityjournal.com/news/local/article_8bc348f9-2f59-5336-8b51-668a01490595.html

Hobart calls for softening city’s animal laws

Council to consider vicious-animal hearing procedures Monday

By Lynn Zerschling – lzerschling@siouxcityjournal.com
Posted: Sunday, January 24, 2010 12:00 am

SIOUX CITY — Mayor Mike Hobart wants the city to backtrack on animal laws passed on his watch, saying he wants to lift the pit bull ban and, under certain circumstances, give owners of animals declared vicious a chance to place their pets in new homes outside the city.

Currently, no new pit bulls may be brought into Sioux City, and animals found to be vicious must be put down.

The City Council will take up the vicious-animal ordinance Monday, when City Attorney Andrew Mai will propose new procedures and guidelines for vicious-animal hearings. The move comes in the wake of a Jan. 7 ruling by Woodbury County District Court Judge John Ackerman that the city violated owners’ due process rights during notification and appeal hearings in six vicious-dog cases. In one of those, Ackerman found there was no cause for the vicious finding. All six dogs were released from death row at Sioux City Animal Control.

Two more cases are pending in district court.

On Tuesday, Hobart said he regretted having voted for the pit bull ban and would consider tweaking the “one bite and you’re out” vicious-animal ordinance. Both passed in 2008.

“I’m trying to find an exemption to euthanization on the finding of viciousness,” Hobart said later last week. “I also want to eliminate the breed ban and deal with all issues involving vicious dogs in one ordinance.”

The city used to allow pet owners to place their animals with someone living outside the city limits, with the approval of Animal Control. When the council redrafted the vicious animal ordinance, it eliminated that out-of-town option. Council members said the change was warranted because other cities and counties were banning vicious dogs from being placed in their jurisdictions due to liability concerns should that animal bite someone.

“I would favor modifying the ordinance to include special treatment of dogs deemed high risk to allow them to remain in the city but also provide for deportation outside the city if they are found off leash and/or off property,” Hobart said last week. “Maybe they could get one violation and you are warned.”

The mayor added, “We also need to beef up the licensing provisions for high-risk breeds and have a sliding scale on license fees, with higher fees for high-risk animals, thereby encouraging owners to own low-risk breeds.”

Councilman Aaron Rochester, who introduced the pit bull prohibition in 2008, said he strongly believes the breed should continue to be banned. He has also been pushing for a review of the entire vicious animal law.

Last June, his family’s yellow Labrador retriever, Jake, was declared vicious after biting a neighbor and was supposed to be euthanized. Before that could happen, someone stole Jake from his cage at Animal Control. The dog has not been found.

Rochester disagrees with Hobart’s belief both ordinances should be considered at the same time, maintaining they are separate issues.

Proposed procedures for vicious-animal hearings

Posted: Sunday, January 24, 2010 7:40 am

On Monday, City Attorney Andrew Mai will ask the City Council to adopt procedures that include:

* Serving owners of animals declared vicious with written notice of hearing dates at least seven days in advance.

* A prohibition against hearing officers conducting any investigation, including visiting the scene or talking to victims or witnesses, before a hearing.

* Recording all hearings.

* Allowing owners to cross-examine witnesses.

* Finding in favor of the owner or dismissing the case if proper procedures are not followed.