Douglas County Commission to consider changes to animal control rules for rural parts of county, new process for handling violations

photo by: Chris Conde/Journal-World File Photo

The Douglas County Courthouse is pictured in September 2018.

Proposed changes to the animal control code for rural parts of Douglas County aim to improve how the county handles issues such as dogs running loose or harming people or other animals.

As part of its meeting Wednesday, the Douglas County Commission will consider approving revisions to Douglas County’s animal control code for unincorporated or rural areas of the county, including provisions related to nuisance animals, vicious animals, and reckless pet owners. The county is looking to transition handling of animal control field services from the Douglas County Sheriff’s Office to the Lawrence Humane Society, and the Humane Society is proposing the changes to provide a clearer, more consistent and more enforceable code, according to a county staff memo to the commission.

The changes include an updated definition of a dangerous dog. The current definition, which targets certain types or sizes of dogs, would be replaced with a definition that relies on specific behaviors, such as biting a person but not causing severe injury; killing a dog or cat; or severely injuring or killing livestock. An animal that severely injures a person would be classified as a vicious animal under the updated rules.

Under the current system, sheriff’s deputies are responsible for enforcing the animal control code, and violations could end up in the court system. Under the proposed changes, only the most serious violations would end up in the courts. Less-severe violations would instead be handled through a new administrative hearing process.

If the administrative hearing process found a dog to be dangerous, the owner would have to securely confine it following certain standards; leash and muzzle it outside its home or kennel; post warning signs on their property; carry certain insurance; and complete a training class about managing or correcting the problem behavior, among other requirements. If the hearing process found a dog or other animal to be vicious, then the hearing officer could order the animal to be removed from the county or euthanized. An owner would be able to appeal a euthanasia order to Douglas County District Court.

The changes would also be more specific than the current code about what owners can’t allow animals to do. Among other things, owners could not own animals that injure other pets, livestock or fowl without provocation. They also could not allow a dog to run at large beyond their property or allow animals to “put a person in fear.” Putting someone in fear is defined as letting an animal chase, bite or jump on someone outside of the owner’s property or in the public road along their property.

The proposed changes lay out specific consequences for repeat violations. They define nuisance animals as ones that violate the code three times in any 24-month period, and they lay out handling and training requirements for the owner. A proposed section for reckless pet owners defines an owner as reckless if they violate the code three or more times in a period of 24 months. Once declared a reckless pet owner, the person would not be able to own or possess any additional animals for three years.

The memo states that the Humane Society would be working closely with the Douglas County Sheriff’s Office and county legal staff to ensure a smooth transition to the new process of dispatching, enforcing, and holding administrative hearings for violations under the new code. If the changes are approved, the county administrator’s office will work to finalize a service agreement with the Humane Society. All of the proposed changes are available as part of the commission’s agenda packet.

The Douglas County Commission will convene at 5:30 p.m. Wednesday at the county courthouse, 1100 Massachusetts St. Residents can participate in the meeting in person, virtually or via phone, and more information about those options is available at douglascountyks.org/commission/meetings.

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