Friday, June 17, 2016

Indiana: Why won't Animal Control do their jobs after pit bull mixes burst into home and attack family's dog?!

INDIANA -- A Bunker Hill woman and her son were forced to lock themselves in a basement bathroom after two escaped dogs smashed through her screen door and attacked her pet dog, leaving eight puncture wounds on its neck.

Suzette Daine told deputies she was out gardening last week just outside the back door of her house on the 900 block of West Indiana 218 two pit-bull type dogs approached her. She retreated into the house thinking they would go away.


“They burst right through the screen door,” Suzette said, referring to two wandering dogs that broke into her house.

Pit bull and mastiff mixed breeds, police say, ran right for her dog, “Bella,” mauling her neck.

“I knew that I had to get out of there,” said Suzette. “It terrified me.”

She reached the basement through the outside.

“Just horrible, horrible noise. I could hear my cat. I thought they had my cat,” she recalled.


Grabbing the broom, she hit the steps to warn her teenage son, who she thought was in the shower, but ran right into one of the attacking dogs on the steps.

“I never felt so helpless,” she said. “As a mother, I wanted to get back upstairs, but if I got in the middle of that, I might not make it to get to my son. I was praying.”

She hid in the bathroom and called  911. Her son was hiding and calling, too.

“He did not know what happened to me in that period,” she said. “So he was terrified.”


After being certain the dogs had gone, when she went back upstairs, Daine reported her cat was missing.

The attackers left, found later by Miami County animal control. They were returned to their owner with no charges filed – the owner told authorities the dogs escaped 'accidentally'.

“I think they should’ve been put down,” said Suzette, an animal lover. “They were vicious. If that had been a child, God knows what could’ve happened.”

Bella is recovering after 18 stitches. Miami County Deputy Ron Dausch said Tuesday Daine’s dog suffered eight puncture wounds to its neck and underwent surgery. A vet reported had the dog not been wearing a thick collar and a bandanna, it would likely have been killed.


The cat was not hurt. Daine told deputies that the missing cat was located at her house the day after the dog attack.

Deputies eventually were able to determine the two dogs had escaped from their owner, who lives in Kings Court Mobile Home Park located about 6 miles away from Daine’s home. Investigators found that the attacking dogs had not had their rabies vaccines.

Daush said she was told by authorities that a teenager was watching the dogs, but 'accidentally' left a door open and the dogs escaped.

The two canines were quarantined at an animal shelter, where officials determined they had not received rabies shots. Daush said the dogs will be held for 10 days before they are released.

He said no criminal charges will be filed in the incident, but the attack was reported to the Miami County Board of Health. Animals with three reported attacks can be euthanized.

 

(Kokomo Tribune - June 14, 2016)

MIAMI COUNTY INDIANA ORDINANCES REGARDING DOGS:

§ 90.13 RABIES VACCINATION REQUIRED
(A) All dogs, cats and ferrets three months of age and older must be vaccinated against rabies.

§ 90.18 VICIOUS ANIMALS
(A) No person shall own, keep or harbor a vicious animal within the county, provided this section shall not apply to animals under the control of a law enforcement or military agency.
(B) For the purpose of this subchapter, a dog may be declared vicious and humanely destroyed by an authorized agent if the following facts or criteria are met:

(1) That the animal, while running at large, has bitten a person or persons and said bite or attack was unprovoked, and that the animal exhibits vicious propensities in present or past conduct, including but not limited to conduct such that the animal:
     (a) Has bitten a person or persons on one or more occasions; or
     (b) Has caused injuries creating a potential danger to the health and life of the victim or constitutes an immediate and serious threat of harm to human beings or other animals; and
     (c) Cannot be safely captured and impounded by ordinary means.

 (2) That in order to preserve the public health, safety and welfare of the community, the destruction of said animal is necessary.


§ 90.19 DUE PROCESS.
 (A) (1) Whenever an animal is declared vicious and has not been humanely destroyed pursuant to § 90.19, the Animal Control Authority shall notify the owner of the animal of this declaration.

(2) The notice shall be served either in person or by certified or registered mail.

(3) The animal, if not already held in quarantine at the County Animal Shelter, shall be surrendered to the Animal Control Authority.

(4) Within ten days of the receipt of such notification, the owner may appeal the declaration to the Animal Control Authority or said animal will be humanely destroyed by the Animal Control  authority at the owner's expense. The owner may also release the animal to the Authority at any time during this ten-day period.

(B) (1) Any decision of the County Animal Control Officer or authorized agent under the provisions of this section may be appealed to the County Board of Animal Control, which shall hear and render a decision in this matter. Such appeal by the owner to the Board of Animal Control shall be filed with the Board within ten days after receipt of notification from the County Animal Control Officer or authorized agent that said animal shall be destroyed.

(2) The disposition of any animal shall be stayed during the pendency of such appeal. The animal shall remain at the County Animal Shelter during the appeal process.

(3) The decision of the Board of Animal Control may be appealed as provided by law.

(4) The Board shall review the information provided by both the County Animal Control Officer or authorized agent and the owner of said animal. It should be left to the discretion of the Board as to whether or not a formal hearing shall be held or if the Board shall review the information provided in
camera. The Board shall then render a decision determining that:
     (a) The animal is not vicious;
     (b) The animal may have vicious propensities and must be controlled in a specific manner as prescribed by the Board; or
     (c) The animal is vicious and should be destroyed.

(5) The owner of any animal which is impounded and destroyed under this section shall be
responsible for payment of any expenses incurred by the County Animal Shelter for the impoundment and destruction, and failure to pay such fee to the County Animal Shelter within 15 days after destruction of the animal shall constitute a violation of this section and shall further result in a fine as required in § 90.99.

(Ord. 6-28-04, passed 6-28-04; Am. Ord. 6-28-04A, passed 9-20-04) Penalty, see § 90.99

Bella was nearly killed by two pit bull mixes which burst into
her home and attacked her. Animal Control doesn't plan to
file any charges or even place restrictions on the attacking
dogs DESPITE LOCAL ORDINANCES WHICH PERMIT
DECLARING THE DOGS VICIOUS.

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