Suddenly, a pit bull ran toward them and began attacking Corky. As she tried to fend off the attacking dog, Lynch fell to the ground. At that point the pit bull began attacking Lynch, who sustained bites on both hands.
Called by witnesses, Forest Grove police officers arrived and transported the severely injured Corky to the Cornelius Veterinary Clinic. They then bandaged Lynch, who refused further treatment, and took her back to her home.
Washington County Animal Services personnel arrived and took the pit bull into quarantine, investigated the incident, wrote a report, talked to the dog’s owner and issued him citations for the dog being dangerous and a nuisance, said Randall Covey, who is in charge of field operations for Animal Services.
Ultimately, the owner “agreed it was not a safe dog to have in the community,” Covey said, and signed paperwork giving the dog to the county to be euthanized.
That violent, unfortunate episode might never have happened under Washington County’s newly revised animal ordinances.
Last week, the county’s Board of Commissioners unanimously approved a rewrite of the county’s animal-services ordinances — the first major update in more than 30 years. And while the new laws cover a variety of animals, the big focus is still on dogs, particularly aggressive dogs.
The old laws were considered draconian by some, with their one-size-fits-all label for aggressive dogs and their standard fines, regardless of circumstance.
The new laws, which go into effect Feb. 20, allow much more flexibility and likely would have helped prevent the attack on Lynch and Corky.
A history of aggression
The pit bull in the Oct. 16 attack was named Bella and had acted agressively before, according to neighbor Jojuan Cedargreen.
A year or two ago, Jojuan said, Bella came into the Cedargreens’ yard. Jojuan’s husband, Colin, went out to confront the dog and send it back to its home next door.
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| The pit bull, named Bella, had a history of aggressive behavior |
“Instead of being shooed into its own yard, it came at my husband,” Jojuan said. Colin had to grab a rake to fend off Bella, who was growling viciously, she said.
Jojuan called 911. That was the right thing to do, said Animal Services Manager Deborah Wood.
“We want people calling us. Our officers will work with people to make sure we get proper documentation,” said Wood. Multiple witnesses are not necessary when dealing with an aggressive animal, she said.
In Jojuan’s case, two Forest Grove patrol officers responded, but by then Bella had returned to her owner’s home, where neither the officers nor animal-services personnel had any authority to seize the dog or cite the owner for Bella’s aggressiveness toward Colin.
Under the old law, said Wood, “it was very difficult to take an animal from the owner. There were no provisions for seizing, even under pretty dire circumstances.”
She remembers a dog in Beaverton that went into a neighboring yard and killed that family’s dog right in front of them. By the time officers arrived, however, the killer dog had returned to its yard and because it hadn’t harmed a human, “we couldn’t do anything,” Woods said.
Under the new law, however, animal-services agents can remove and hold any dog that has been classified as a “dangerous dog.”
Under the old law, a “dangerous dog” could be removed and euthanized if it harmed a human, Woods said. “There was nothing between that and citing a dog for being a stray.”
‘Dangerous dog’ classification
The new law rates dangerous dogs on a spectrum and only counts aggressive behavior that occurs off the dog’s home property because it’s considered normal for dogs to defend their own territory.
According to Woods, Class A dangerous dogs have “seriously physically harmed a person or domestic animal.” Dogs who fall into this class have strict new laws affecting them. They are required to be in a secure enclosure at home, cannot be walked by anyone under 18 and must be muzzled in public. “This is a small number of dogs,” Wood said.
Downgrading in severity, class B dogs have bitten humans and broken skin, but have not done serious injury. They may be walked by minors and do not require muzzles.
Class C dogs may have simply made people feel uncomfortable walking neighborhoods or getting out of cars. These dogs have shown aggressive behaviors such as snapping, baring their teeth and chasing people — but have not caused injury. This would describe Bella’s interaction with Colin Cedargreen, Wood said.
If the new law had been in place, Bella’s owners would have been required to fence, stake or muzzle her after she threatened Colin, in which case Bella would not have been free to attack Corky. Or her muzzle would have minimized the damage.
Under the new law, a dog must be quarantined if it bites, but that quarantine could take place in the owner’s home under certain circumstances, Covey said.
“We make that decision based on the incident itself, the status of the dog, history, the ability of the owner to maintain an acceptable quarantine and the status of the rabies vaccine and license,” he said.
People who buy a license, for example, are generally seen as more responsible than those who don’t.
The situation surrounding a bite makes a difference as well. A bite that occurs in a home because a child pulls a tail is different than an animal that tracks down people it doesn’t know and attacks them.
“We also consider the history of a dog when we determine what course of action we might take,” Wood said.
There are financial consesquences as well.
If an animal requires quarantine at the animal shelter, the owner will pay a $20 boarding fee, which would not increase under the new law. Impound fees can be imposed if the owner cannot initially be located.
The bite itself will cost the dog’s owner. Under the old law there was a maximum fine of $500. Under the new law, fines are assessed according to the different bite classifications. The smallest fine is $60 and the largest is $2,000.
In addition, complaints will be tracked and penalties could increase for multiple incidents.
Conversely, owners can appeal to the county’s Justice Court for their “dangerous dogs” to be declassified, particularly if the dogs have completed obedience school or other dog training. The Justice Court handles violations of county laws that are not serious enough to be charged as crimes and it will be able to upgrade or downgrade the threat level of the dog.
Police, animal services connection
Jojuan Cedargreen felt she got little help from the Forest Grove Police Department. But that might be partly because the law was so toothless and partly because the connection between local police and the county’s animal-services officers isn’t clearly understood.
In dog-bite cases, “it is rare that we issue a citation,” said Capt. Mike Herb, spokesperson for Forest Grove Police. “Generally, these citations come from an animal [services] officer.”
If an attack is in progress and residents call 911, local police will respond quickly in order to prevent any further damage or to investigate. Officers will then determine whether Animal Services really needs to be called. However, to report strays or animals that are a nuisance, Animal Services will take citizen calls.
Jojuan is hopeful that the new ordinances will help protect the community from dogs that are not well controlled by their owners. She admits concern that her neighbor now has two of Bella’s puppies, but there have been no incidents reported regarding the puppies.
Bella’s owner declined to speak with the News-Times for this story.
Wood believes the new regulations will help keep animals with small infractions at home, with the owners who love them, while keeping the public safe. A majority of homes in Washington County have a pet.
“Pets add to our quality of life in the community. Our job is to work with those exceptions in behavior or lack of control,” Wood said.
(Portland Tribune - Jan 28, 2015)
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