Moses Lake declares hazardous dogs

City regulates pit bulls, rottweilers and presa canarios

MOSES LAKE - With a 5-2 vote, the Moses Lake City Council declared pit bulls, rottweilers and presa canarios hazardous dogs Tuesday night.

Council began discussing the issue after a young boy was severely attacked by a pit bull at his family's Moses Lake home in early September.

It took six people to stop a pit bull from mauling 6-year-old Alex Medina. His injuries included head wounds where his skull was exposed. The boy is now recovering at home after several reconstructive surgeries.

The dog was euthanized and owner Tausha R. Klein, 34, Moses Lake, was cited for having a dog at large, no dog license and for keeping a vicious dog. The dog allegedly pushed its way into a closed fence were the boy was playing and attacked him unprovoked.

Since the incident, council held several meetings and a study session to research the issue of whether to ban or place requirements on owning pit bull type dogs.

Councilmembers Richard Pearce, Bill Ecret, Ron Covey, James Liebrecht and Dick Deane all voted to declare pit bulls, rottweilers and presa canarios as hazardous dogs. Councilmembers Brent Reese and Jon Lane voted against the ordinance due to it declaring specific breeds as hazardous.

The council, who voted in favor of the ordinance at the first reading, removed akitas and chows from the list because law enforcement has not had an issue with those types of dogs causing trouble.

When asked if presa canarios caused trouble, Covey said they hadn't but added it to the list because he said it appears to be closely related to the pit bull. Several people in the audience disagreed with the statement advising the presa canarios are a type of bull mastiff, not a pit bull.

The council added the additional dogs after reviewing the Merritt Clifton report on the number of dog maimings and deaths caused by dogs from 1982 to 2006 indicating pit bulls, rottweilers and presa canarios are involved in a high number of attacks.

The report indicates German Shepherds were involved in more incidents than the presa canarios but it was not added to the ordinance.

A hazardous dog is any dog known to be a pit bull breed, rottweiler or presa canario, according to the ordinance. The definition also includes any dog who regularly snarls, growls, snaps or attacks a human or domestic animal in a public place unprovoked.

To own a hazardous dog, the pet owner must be at least 18 years old, obtain a $250,000 insurance policy on the dog in case it attacks someone, spay or neuter it and install a microchip, according to a city document. The dog owner must also keep the animal in a type of kennel that is enclosed on the sides, top and bottom when it is left unattended. If attended, the dog can be allowed in a fenced enclosure with signs stating there is a hazardous dog on the premise.

It costs $150 to register a hazardous dog or any unaltered dog in the city.

Covey said the money from the dog license fees might go toward animal control related costs but he did not have a definite answer.

Hazardous dog owners have until Jan. 1 to register their dogs with the city and become in compliance with the ownership requirements.

Mauling victim

Alex Medina's mother, Veronica, came to the meeting as the lone citizen in favor of passing the ordinance.

Her eyes welled with tears as she was attempting to speak. She said she hoped no one endures the pain her son experienced from the mauling.

She held up a poster of a photo timeline for everyone to see. The first picture was a school photo of Alex. The following photos were of him strapped to a gurney, his body bloodied from the attack and his face cringing in pain. The timeline concludes with images of his scars.

Council asked Veronica about the progress of her son. Alex was waiting outside the council chambers before she brought him inside so they could see his recovery.

Bearing several noticeable scars on his head, he smiled when he told the council he is 6 years old and attends Lakeview Elementary. The Medinas left the meeting so the boy could go to bed.

Council continued to take more public testimony on the issue.

Public comments

The Grant County chapter of the Citizens Alliance for Property Rights Vice President Carol Dawson said pet ownership is a constitutional right. She said there must be a balance between the people's right to own pets on their property and government regulation to protect citizens.

Dawson said she plans to hold a forum to educate pet owners on how to care for their animals to prevent them from becoming dangerous. Meeting information was not provided.

Jay Van Ness questioned the council's use of the Merritt Clifton report. He asked why they are using the study as a guideline if they are not adding German Shepherds to the list since they have been involved in far more attacks than some dogs initially considered. He asked if it was not added to the list because someone on the council might own one or if it's because it's a popular pet. Van Ness asked the council to be fair with their decision making process.

Covey said according to the police department, akitas and chows are only aggressive when provoked and haven't been an issue. He said German Shepherds have not caused a problem for law enforcement leading to the animals being restricted from the ordinance. Covey advised presa canarios are not a problem but added them to the list anyway.

Alissa Starkweather shared several alternative ideas for the council to consider.

"Most people can't afford their own insurance," she said.

Raising the licensing fee and requiring a $250,000 insurance policy on a hazardous dog is unrealistic and unaffordable for many people, she said.

Starkweather said she worried many people would hide and confine their animals to avoid breaking the new law. Confinement leads to aggression, she said.

She suggested requiring all dog owners to put their dogs through obedience school and take a temperance test. If they are not labeled aggressive, they should not be required to have the insurance requirement, she said. If it is aggressive, the dog owner should take the steps to correct the animal's behavior to avoid the required insurance. If the behavior is not corrected, then they should be required to have insurance, she said.

"A lot of us can't afford insurance," Starkweather said. "We would if we could. So please try to help us."

Pit bulls are not for everyone and all dogs must be treated as a member of a family to ensure they are not dangerous, she said.

Danielle Alvarado lives in the county but works in the city. She brings her rottweiler to work often and asked if she would still be able to do so.

Covey said yes. He said it most likely wouldn't be a problem because the dog resides outside the city and someone would have to complain about the animal first.

Rich Archer said he was concerned about calling certain breeds hazardous because more dogs can be added. He asked where the additions would stop.

He questioned if he could sue the city if he is attacked by a dog that is not on the list because the city failed to protect him.

Nancy Banks said he hoped council would not regulate specific breeds. She said the city must focus on enforcing the current laws they have rather than making more laws for law-abiding citizens to adhere to.

Linda Nyberg said she was concerned if certain breeds have more regulations, dog owners would chose different animals to turn aggressive.

"You can take any breed and make it bad," she said.

The council discussed the ordinance further and responded to citizen concerns.

Liebrecht provided information concerning how many pounds of pressure certain animals can apply to a human during an attack and how many pounds of pressure it would take to kill or maim someone. He considered not labeling specific breeds in the ordinance but suggested regulating animals capable of exerting enough pressure to maim or kill someone.

"I need to protect you as a citizen with some kind of law," he said.

Liebrecht said the dog owners must be held liable for any injuries caused to another person.

He asked the audience if the victim should be liable for paying for their medical bills if attacked by someone's dog.

The audience did not respond.

He said the ordinance could help the victim gain victory in a court preceding.

Lane said he didn't think targeting a breed would work toward their goal of public safety.

Pearce said banning breeds does not solve the public safety problem but regulating certain breeds will. He said several cities who have a similar ordinance advised of positive results.

Reese said he did not think specific breeds should be targeted and thought the $150 requirement to register a hazardous or unaltered animal was too much. Otherwise he would vote for the ordinance, he said.

Covey said the citizens asked the council not to ban breeds so they didn't. He said citizens claimed the city should make the dog owner accountable for the dog's action. He said the ordinance allows this.

"We're asking you to be responsible," he said.

He said citizens can expect harsher enforcement with the new laws as well as existing laws related to animal control.