The Benton County Supervisors are again wrestling with the nuisance/vicious dog ordinance. For the last couple of weeks, resident Elana Janss of Belle Plaine has come before the board seeking to keep her remaining dogs after getting rid of one dog who had gotten loose and had injured or killed neighboring animals.
The Supervisors are seeking legal advice to determine the county's liability if it allows the dogs that live at the residence to remain there, and who is liable if the remaining animals cause damage. Also up for discussion was the DNA of the animals as some might have wolf in them, though a small part.
The Supervisors advised Janss to find foster homes for the remaining dogs. Janss has secured the dogs with various fencing including electric fence, hog panels, and has access to the premises padlocked. She's also had their mix of the remaining animals checked and they are mostly German Shepherd and a Husky mix with a low percentage of wolf in them.
Rick Primmer moved to have all of the animals removed from the property, expressing concern about possible liability for the county if they injure anyone or any animals. The motion did not get a second.
Because of Janss' work to secure the remaining dogs who were not involved in attacking the neighbor's sheep. the other two supervisors, Gary Bierschenk and Tracy Seeman, were hesitant to require the remaining dogs be removed. Seeman would like to have the animals tested to find the wolf percentages in each of them. Janss pointed out that all dogs came from wolves. "I'm not trying to break the law," she said. This is her first incident since she began participating in housing rescue dogs in 1996. The state declares that 1-49% wolf DNA is acceptable.
Bierschenk pointed out that because Janss had gotten rid of the offending animal, the rest of the dogs would have to pay for the actions of the one.
Any action was tabled while the supervisors seek legal advice, and requested the dogs to be rehomed until a decision was made. Sheriff Ron Tippett pointed out that the ordinance allows for this to be appealed to the District Court.
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