Lincoln officials are mulling changes that would allow them to crack down on the owners of dogs that bite people.
DEENA WINTER / Lincoln Journal Star | Posted: Monday, July 6, 2009 12:00 am
Lincoln officials are mulling changes that would allow them to crack down on the owners of dogs that bite people.
Note: Nobody said anything about pit bulls. City officials say they aren't interested in targeting any one breed. They're interested in targeting dog owners.
"We can look at breed-specific banning all we want, but the core issue is the irresponsible pet owner," said director Bruce Dart of the Lincoln-Lancaster County Health Department.
"We do have a dangerous dog ordinance already," Dart said. "We don't have an ordinance that makes owners more responsible."
So far this year, about 300 cat and dog bites of varying severity have been reported.
In early June, a 10-year-old boy was attacked by a pit bull puppy that got away from its owner. The boy required 30 stitches for bites on his face, head and arms.
In May, a Lincoln woman sued her neighbors to bar them from owning two pit bulls she said attacked her while she was gardening. One bit her leg, knocked her down and dragged her.
"The only common thing is that the owners let the dog be out of control," Dart said.
Those incidents and changes in animal laws elsewhere prompted the review of Lincoln's ordinances.
State legislators recently passed a law that could have dog owners facing misdemeanor charges if their dangerous dog bites someone. Owners could face felony charges if a later bite results in sutures, surgery or broken bones.
Dart said the law might be adequate to ensure owners are held accountable for their pets' actions, but the health department is considering a host of changes, including:
* Citing owners if their dogs run loose and aggressively approach people. Lincoln has no ordinance governing aggressive approaches. State law says the behavior can result in animals being declared "potentially dangerous."
* Charging repeat offenders with being "reckless owners" and impounding their animals if animal ordinances are violated three times within 24 months.
* Citing owners the first time their dog bites someone. Currently, owners are cited only if the dog has been declared dangerous - as when a dog has inflicted an injury requiring medical treatment - or potentially dangerous - such as by inflicting injury on a person or domestic animal.
* Increasing fines for having dogs at large, menacing and biting.
* Giving Animal Control authority to seize dogs perceived as threats until the issue is resolved. Dart admits the subjectivity of this proposal makes it tricky.
* Requiring dogs to be physically restrained while outside on an owner's property. If an owner was present, the restraint could be a leash rather than a fence. Currently, dogs can be unrestrained on their owner's property when the owner is with the dog.
* Requiring owners to have homeowner's or renter's insurance as part of licensing. Dart said many cities require insurance after dogs have been declared dangerous. In Lincoln, a dog owner can be held liable for damage to property.
* Revising the definition of an acceptable restraint so that it no longer includes all doors and windows, since dogs have been known to break through screens to attack people and animals.
* Mandating spaying and neutering - breeders excluded. This is already required for dogs declared dangerous, since unaltered dogs are more likely to bite, Dart said.
* Requiring dogs declared dangerous or potentially dangerous to wear warnings on collars or harnesses.
Dart plans to have "listening sessions" on these ideas later this year. The department's animal control committee will discuss them Monday.
"It can be an emotional issue," he said.
Robert Westfall, manager of Animal Control for Lincoln, said he came up with the options - some of which are patterned after Omaha's laws.
"We feel like there's a problem with irresponsible owners," he said. "Some of these may work in Lincoln; some may not."
Reach Deena Winter at 473-2642 or dwinter@journalstar.com.