News : Wanted: Your "Pit Bull" even if the vet says it isn't a Pit Bull

Update 7/28/22According to the Sheriff's Office, there was never a written warning given to the Keystone residents. The residents agree that they were given verbal warnings.Vinton Today has asked to view the footage of the visit by the department to the Keystone residents concerning the dogs.
---Families in Keystone were contacted last Friday by the Benton County Deputy Sheriff's Office on behalf of the City of Keystone concerning the "Dangerous Animal" ordinance in Keystone. (The Ordinances that apply in Keystone is at the bottom of the story)

There are only 10 states that have varied restrictions concerning Pitbulls. Iowa, Kansas, Ohio, Missouri, Wisconsin, Mississippi, Arkansas, Michigan, Louisiana, and Kentucky.

Ed Sass who was one of the Benton County Supervisors at the time of the County Ordinance in March 21, 2000 said that the ordinance originated out of an issue with a dog owner in Garrison who did not control their dog. The dog had gotten loose and killed the neighbor's dog. "At the time," Sass said, "there were many attacks by pit bulls. I know not all pit bulls are bad but those don't make the news. It really makes a difference how owners treat them. Any dog can be mean depending on how they are treated."

Gabby Gormley is on of the owners. Harley is an 85 lb. boxer/lab mix. The local sheriff's office, and evidently some residents believe that Harley should be identified as a pit bull. Gormley said that her boxer/lab is "part of a large complaint stating that there is an issue with my 'pit bull.'" Gormley said that she informed the officer that papers from her veterinarian states that Harley is indeed a boxer/lab mix.

However, with this law, it's determined that if it looks like a Pit Bull and has the "characteristics" of a Pit Bull it is, therefore, a pit bull.

The deputy that stopped told Gormley, "because Harley "resembles" a pit bull I am not allowed to have her in Benton County and Keystone. The concern I have with everything that has happened is that there was no investigation done on my dog. No one asked to see her, no one contacted me prior to the sheriff and from the sounds of it they were taking the word of one person who has never been in contact with my dog."

Harley has been with the family since she was 8 weeks old and she will be 3 next month. "She loves marshmallows, pickles, her big red ball and sleeping between my fiancé and me so that she is touching the both of us. She is terrified of whole watermelons, gallons of milk and suspicious boxes. She also becomes absolutely petrified when the power in our house cuts in and out. She will shake uncontrollably and climb into my lap to be as close to me as she can get. She also loves to play with her blue heeler sister, Echo. Although Echo is in charge more often than not.

Harley has gotten me through an 8 week long COVID shut down when my job at the time was forced to close, she has helped me through a miscarriage and is my little cuddle buddy when I am sick during this current pregnancy. When thinking about bringing home a new baby, Harley is the absolute last thing we are worried about," Gomerly said.

She went on to say, "To other people, she may look "scary" because she resembles characteristics of what they perceive as a pit bull but if we have learned anything over the years the type of breed does not determine how aggressive the dog will be. I feel as though this is going to be a long battle but these dogs are not just a four-legged creature that takes up space in our home, they are family. My dogs are always excited to greet me and no matter how crappy my day has been Harley is always there to lick away the tears and cuddle close."

Sounds like a dangerous dog doesn't she? (That is my sarcasm font)Another incident includes, Nightmare. His birthdate is December 12th, 2021. "I have had him since he was 6 weeks old and have nursed him back to health. When we got him he was not in the greatest shape, but that is why we choose him to give him a chance at life. He doesn't leave the yard he knows multiple commands. If a stranger approaches him he will bark, but not in an intimidating way, he barks for me to know there is someone there he will not approach them. He does not run toward them while he barks in fact he runs the opposite way. He has never taken off after birds, squirrels, other animals, etc. He will chase the occasional butterfly but doesn't try to eat it he just follows it around. He has never caused any problems at all. He doesn't bark other than to alert me to someone being there as he should, that's what dogs do," MaKinzie Brecht said.

The families in Keystone are now trying to rehome their dogs. 10 dogs who have no idea why. What did they do? They may look like a pit bull, bark like a pit bull, have the same "characteristics," whatever that means, of a pit bull. So under Benton County and other cities in the county, they must be gotten rid of.

The families only have 10 days to find a solution, which means by this Sunday. The families won't have time to change the law in time to save their pets.

At this time, the National Humane Society, a former lawyer for the American Bar Association's Animal Law Committee, and Better Together Animal Rescue have all spoken out in favor of changing the laws to hold owners responsible rather than a breed of animals.

What can you do to change these ordinances? First, know that the Sheriff's Office is only in charge of enforcing the laws, they don't MAKE the laws.

There is an online petition that you can sign, which can be found here. Currently, there are more than 2,700 signatures.

To change the law, it has to be addressed by the local lawmakers, and it takes time to do that. These 10 families cannot avoid having to rehome their dogs, but you can encourage the local elected officials to change these (decades old) ordinances.

Be polite and remember that the current officials didn't make these laws, but they CAN change them. (Remember that it might take a few meetings to get this done, so PLEASE be patient!)

Who is in charge of what areas?CITY and COUNTY Ordinances apply differently. If you live in town, the City Council makes the rules about dogs for that town. If you live in the country, the County Supervisors make the rules about dogs in the country.

Keystone City Council

I reached out to the Keystone City Hall to verify the contact information, without a response at the time of this publication. According to their website you can send a message to the council members at the link listed below.
The Keystone City Council can be contacted by clicking here. Note that "All concerns must be submitted in writing with a valid signature of a Keystone Resident. All emails must have a signature of a valid Keystone Resident. All anonymous letters and/or emails will be disregarded."

Vinton City Council

Bud Maynard, Mayor
mayor@vintoniowa.net

Tami Stark, Mayor Pro Tem
AtLarge1@vintoniowa.net

Ron Hessenius
1stWard@vintoniowa.net

Andrew Elwick
2ndWard@vintoniowa.net

Valerie Bearbower
3rdWard@vintoniowa.net

Bethany Gates
4thWard@vintoniowa.net

Rylie Pflughaupt
AtLarge2@vintoniowa.net

Benton County Supervisors

Tracy Seeman

tseeman@bentoncountyia.gov

Rick Primmer

rprimmer@bentoncountyia.gov

Gary Bierschenk *

gbierschenk@bentoncountyia.gov

The Benton County Ordinance reads as follows.

Benton County Ordinance #37, Animal Protection and Control
March 21, 2000 states:
3. "Dangerous Animal" means (a) any animal which is not naturally tame or gentle and which is of a wild nature or disposition and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; and (b) the following animals which shall be deemed to be dangerous animals per se:
3.L "Any dog which has the appearance and characteristics of being of the breed of Staffordshire Terrier, American Pit Bull Terrier, American Staffordshire Terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds."

Keeping of Vicious Animals Prohibited, County Ordinance 37.16
No person shall, keep, shelter or harbor, for any reason within the county a vicious animal, except in the following circumstances:
1. Animal under the control of a law enforcement or military agency.
2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of this chapter. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "Guard Dog," "Vicious Dog," or words of similar import, and the owner of such premises shall inform the County Sheriff that a Guard Dog is on duty at said premises."

Keystone City Ordinance 56.01 Definition
3. "Dangerous animal" means: † A. Badgers, wolverines, weasels, skunk and mink; B. Raccoons; C. Bats; D. Scorpions; E. Rottweilers; F. Pit bull terriers.

5. "Pit bull terrier" means any dog of that breed known variously as American Pit Bull Terrier, American Staffordshire Terrier, or Pit Bull Terrier, or any dog of mixed breed which contains a strain of such breed known variously as American Pit Bull Terrier, American Staffordshire Terrier or Pit Bull Terrier, and which is identifiable as such by a qualified veterinarian duly licensed in the State.
6. "Vicious animal" means any animal that: (i) has bitten or clawed a person or persons on one prior occasion; or (ii) could not be controlled or restrained by the owner at the time of attach to prevent the occurrence; or (iii) has attacked any domestic animal or fowl on three separate occasions within a 12-month period.
56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter, or harbor any dangerous animal as a pet or act as a temporary custodian for such animal, or keep, shelter, or harbor such animal for any other purpose or in any other capacity within the City. 56.03
KEEPING OF VICIOUS ANIMALS RESTRICTED. No person shall keep, shelter, or harbor for any reason within the City a vicious animal except under the following circumstances: 1. Animals under the control of a law enforcement or military agency. 2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large shall be a dangerous animal pursuant to the provisions of this chapter. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "Guard Dog," "Vicious Dog" or words of similar import, and the owner of such premises shall inform the Sheriff that a guard dog is on duty at said premises. 3. The animal is confined at all times.
56.04 SEIZURE, IMPOUNDMENT AND DISPOSITION.

2. Upon the complaint of any individual that a person is keeping, sheltering, or harboring a dangerous animal or vicious animal on premises in the City, and in a manner contrary to the provisions of this chapter, the Mayor or Sheriff shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering, or harboring a dangerous or vicious animal in the City, in a manner contrary to the provisions of this chapter, the officer shall order the person named in the complaint to safely remove such animal from the City, permanently place the animal with an organization or group allowed to possess dangerous or vicious animals, or destroy the animal within three days of the receipt of such an order. Such order shall be contained in a notice to remove dangerous or vicious animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person, in which case the officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person

City of Vinton Ordinance

Chapter 56 DANGEROUS AND VICIOUS ANIMALS

56.01 DEFINITIONS

For use in this chapter, the following terms are defined:

1. "Dangerous animal" means (a) any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; (b) any animal declared to be dangerous by the County Board of Health or Council or its designee; and (c) the following animals, which are deemed to be dangerous animals per se:
   1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats
   2. Wolves, coyotes and foxes
   3. Badgers, wolverines, weasels, skunk and mink;
   4. Raccoons;
   5. Bears;
   6. Monkeys and chimpanzees;
   7. Bats;
   8. Alligators and crocodiles;
   9. Scorpions;
   10. Snakes that are venomous, or constrictors;
   11. Gila monsters;
2. Any dog which has the appearance and characteristics of being of the breed of Staffordshire Terrier, American Pit Bull Terrier, American Staffordshire Terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds.
3. "Vicious animal" means any animal, except for a dangerous animal as listed above, that has attacked, bitten or clawed a person while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal: (i) has bitten more than one person during the animal's lifetime; or (ii) has bitten one person on two or more occasions during the animal's lifetime; or (iii) has attacked any domestic animal or fowl without provocation, causing injury or death while off the property of the owner.

56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED
No person shall keep, shelter or harbor for any reason within the City a vicious animal except in the following circumstances:

1. Animals under the control of a law enforcement or military agency.

2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of this chapter. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "Guard Dog," "Vicious Dog," or words of similar import, and the owner of such premises shall inform the Mayor or peace officer that a guard dog is on duty at said premises.

56.04 SEIZURE, IMPOUNDMENT AND DISPOSITION

In the event that a dangerous animal or vicious animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, such animal may, in the discretion of the Mayor or peace officer, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal or vicious animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

2. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal or vicious animal on premises in the City, the Mayor or peace officer shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous or vicious animal in the City, the Mayor or peace officer shall order the person named in the complaint to safely remove such animal from the City or destroy the animal within three days of the receipt of such an order. Such order shall be contained in a notice to remove the dangerous or vicious animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person, in which case the Mayor or peace officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

3. The order to remove a dangerous animal or vicious animal issued by the Mayor or peace officer may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three days after receipt of the order contained in the notice to remove the dangerous or vicious animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Mayor or peace officer.

4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven days of the receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the Council may affirm or reverse the order of the Mayor or peace officer. Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing or any continued session thereof.

5. If the Council affirms the action of the Mayor or peace officer, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous or vicious animal remove such animal from the City or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Mayor or peace officer is not appealed and is not complied with within three days or the order of the Council after appeal is not complied with within three days of its issuance, the Mayor or peace officer is authorized to seize, impound or destroy such dangerous or vicious animal. Failure to comply with an order of the Mayor or peace officer issued pursuant to this chapter and not appealed, or of the Council after appeal, constitutes a simple misdemeanor.