Commission to consider vicious dog resolution
- Charlene Sims, Journal staff
- 2 days ago
- 6 min read
By Charlene Sims, Journal staff
MOUND CITY – Linn County Sheriff James Akes and Planning and Zoning Director Jennifer Cummings presented a resolution for a vicious dog law on Monday, April 6, for the commissioners to review before a final decision is made.
Akes said the the proposed resolution sets the foundation if vicious dog has been declared a vicious dog or if the public has had prior incidents with the dog.
The proposal comes following the death of a 13-year-old Pleasanton student in the Holiday Lakes development following a dog attack. Damon Leonard, a Holiday Lakes resident, was charged for allegedly harboring a vicious dog as well as criminal desecration and interference of an investigation. He remains in the Bates County, Mo., jail on charges related to his alleged action to move the boy’s body to a ravine in that county.
Akes continued, “I want to tell the public that this doesn’t put out leash laws. It doesn’t change the laws in the county. The cities also have their own laws, inside the cities and that the county still has the vicious dog law resolution that you have in front of you but the cities also enforce their own.
“I don’t want it to be confused with dogs at large. I don’t want it to be confused with stray dogs, things like that. They’re still going to be handled the same way. They don’t fall under this resolution. The resolution clearly states aggressive behavior. It doesn’t single out a breed. It takes aggressive behavior history of the dog or known facts of the dog is what it takes into consideration.”
Akes brought up that before finalizing the resolution there were several items that needed to be decide. These include where the dog will be housed, who will care for it during its confinement and who will be the person in charge of picking up the animal.
Akes pointed out that La Cygne and Pleasanton both had facilities for holding the animals. He also said that Mound City had a facility by the water treatment station that once was used for holding dogs. It was also brought up that Linn Valley had facilities for holding animals.
Akes said if the county could establish with La Cygne or Pleasanton some kind of mutual aid agreement if the county has to impound a dog.
“What are they going to charge per day?” Akes asked. “How much if we’ve got to keep them in normal quarantine if they’ve bit somebody is 10 days? So, we know an upfront cost and I’m not saying that these upfront costs can’t be recouped from the owner of the dog which sometimes they are.”
Akes said that a lot of times the dog will not be claimed.
Akes explained, “If we get a dog bite call from Miami County Medical Center or another hospital up in the city, the sheriff’s office if they have their vet records, they can quarantine their dog at home. If they don’t have vet records, we will have to take that dog and then that dog gets housed at La Cygne or Pleasanton for 10 days. That’s the way we handle it when we have a dog bite and it is recorded and the health department keeps records of it.
Commissioner Jim Johnson asked, “Do our neighboring counties have his stuff?”
“Yes, Jenny did the research on that,” answered Akes.
Commission Chair Alison Hamilton asked Cummings, “So if you get a call as the codes enforcement officer, are you going out or are you going to call Sheriff Akes? Are they going to come out and get the dog or who’s getting the dog?”
“This is where we need a little more planning and finding out what it is going to cost,” said Cummings. “I don’t have any place. So, we’re going to need to do a little more planning but this puts something in place so that we can work towards figuring out what to do should that ever happen.”
Johnson asked if Akes or the sheriff’s department had the capabilities of catching a dog. Akes said that right now all he had was a catch pole with a noose on the end of it. Akes said that he believed that Pleasanton has a dog catcher.
Johnson asked if Pleasanton would contract with the county to do it. Akes said that was a great question.
Akes said if the county set up an agreement with Pleasanton or La Cygne to catch the dogs it would keep Cummings from being at risk.
“I don’t want to put her in …..” said Johnson.
Akes said that at the same time the sheriff’s office responded to those calls too and they carry an electronic taser on their belts.
Johnson said that he would like to see what kind of agreements could be worked out with these cities for holding the animals.
Cummings will check with the cities to see if they are interested in working with the county.
Johnson asked what determined if the county takes a person’s dog.
Akes said that in the resolution it explains that the aggressive behavior, biting people and the severity of the attack and the known fact that the dog is aggressive and they are not taking the precautions to house that dog if it is aggressive.
Hamilton questioned the process of taking a person’s animal.
Akes said that if there is an attack of a malicious dog, the animal would be seized right there it’s going to be taken to the pound.
County counselor Jacklyn Paletta said that if the owners do not have the rabies vaccination, state statute requires that the animal be quarantined.
In other business, the commissioners:
Approved the new Linn County Employees’ Handbook effective as of April 20. County Clerk Chasity Ware said that she would get them printed out and electronically sent out to each employee. She will ask them to sign the documents stating that they have read and understood the information in the handbook so they can be put in the employee’s files.
Discussed the charges for Kansas Open Record Act requests and who did not have to pay.
Directed Paletta to develop a question to be put on the ballot about whether restaurants had to have 30% of sales from food before they could sell liquor by the drink. Restaurant and event centers in the county have asked that this regulation be removed. Since it was previously on the ballot in 2004 to be voted on, it will be necessary to have it on the ballot again. The resolution to put the question on the ballot will be voted on next week.
Learned from Public Works Administrator Jesse Walton that dust control has been posted in the paper and letters have been sent out. Applications for dust control are due on April 24 at the close of business that day.
Heard a monthly report from GIS/Mapping Administrator Jason Parker. Parker said that classes in first aid and CPR training were being set up for the whole building, GIS and
Appraiser’s office.
Heard the March monthly update from Linn County Health Department Director Amanda Snyder.
Met with Tony Mellini with Terracon Consulting Engineers about the costs and expansion for the C&D landfill.
Learned from Walton that the jail demolition was continuing.The process had to shut down last week because of the wind, which could have led to potentially hazardous material becoming airborne.
Approved bids for leasing county roads to hay. The following bids were recommended by
Walton:
– Linn County Park lease to Larry Reynolds, La Cygne, for $2,580 per year on a two year
contract.
– Thomas Road lease in Pleasanton to Kenny Baugh for $12,000 per year on a two-year
contract.
– Airport hay lease to Linda Conley, for $3,700 per year on a two year contract.
Awarded the bid for the culverts on the north part of 1095 Road to Nail Excavating for $219,000. Walton said they would start on April 20 or April 22 and depending on the weather could finish by May 15.
Approved the invoice from Inland Truck Pars for the 2020 Freightliner Dump Truck for $13,335. The truck’s whole bank of injectors will be replaced because several have failed. There is a one-year warranty on the replacement including labor.
Approved two dumping assistance requests from Mound City for two trailers located in Mound City. Walton said he looked at the trailers to see how big they were because he has been turning people away with large structures in an effort not to fill up the C&D landfill too quickly. The locations were 214 Walnut Street and 725 Spruce Street. Walton said the metal frames would be taken to Wes’s Recycling to be sold.
Approved paying the annual membership fee of $45,000 for the East Central Kansas Area (ECKAAA). The agency provides the meals for the senior centers and the meals on wheels.
Approved paying the membership dues to the Kansas Association of Counties (KAC) in the amount of $372.46.
Were introduced to Julie Parker, a new member to the County Clerk's Office.
Approved and signed a proclamation making April Child Abuse Awareness month in Linn County after hearing a presentation from Donita Garner, the child advocacy coordinator for Hope Unlimited in Iola. The organization provides a variety of services to men, women and children who have experienced family violence, sexual assault or sexual abuse.