Resident urges amendment to Benton County animal ordinance

VINTON — A resident asked Benton County Supervisors Tuesday to amend the county’s vicious animal ordinance.

Kelley DeLong, of rural Luzerne, asked the board to amend Ordinance 37, which is the ordinance governing dangerous animal vicious animal animals at large.

Derek Marsh, assistant county attorney, said there’s a process for making an amendment, and Supervisors should be sure to adhere to it.

“I believe that this is important because we need a behavior-based approach to animal control, and not a breed,” DeLong said “Ordinance 37 stands as one of the most outdated and unjust animal laws in the state of Iowa. It punishes dogs based on breed rather than behavior, promoting fear instead of fairness.

“This kind of legislation discriminates against responsible pet owners but also fails to truly protect the public,” said DeLong.

“It is time to revise the ordinance, not just for the sake of our animals, but to ensure safety fairness and the well-being of our children and our community,”

DeLong told Supervisors that trespassing is not considered a punishable offense, according to the language of the statute. She said that consistent trespassing of known animals that are off leash, uncolored and unidentified in other people’s property is dangerous and harmful.

DeLong proposed that disposition be handled following one fatal attack. She said in her presentation, “If an animal kills, without provocation, a domesticated animal while it’s off its owner’s property or unlawfully on another person’s property, the animal shall be immediately taken into custody by animal control or law enforcement.”

DeLong said these animals need to be verified and classified following a verified fatal attack. “Residents have the right to feel safe in their own property without fear of fatal attacks from neighboring animals.”

Her proposal allows for due process while prioritizing the safety of other animals and humans, DeLong said.

“This proposed amendment seeks to enhance public safety, provide clarity for animal control and law enforcement and aligns with evolving expectations regarding the responsible regulation of dangerous animals,” DeLong said.

Marsh said the county attorney’s office will most likely be the one drafting an amendment. He asked which counties DeLong is looking at for sample ordinances.

DeLong said Linn County has a great ordinance.

Supervisor Chairman Tracy Seeman asked for a copy of Linn County’s ordinance.

DeLong’s family commented in support of amending the ordinance.

Benton County’s ordinance calls for removal after two fatal attacks within 12 months. Linn County calls of removal after one fatal attack.

“We’ll look into this, with the help of Derek,” Seeman said.

Marsh said Linn County’s ordinance could be a good road map to help Benton County.

Sheriff office

The Board of Supervisors approved the promotion of corrections officers Keith Mell and Jasira Prassouk to sergeants in the sheriff’s office.

The board acknowledged the resignation of Crystal Northup, part-time custodian in the sheriff’s office.

Law enforcement contracts were approved for Van Horne, Blairstown, Norway and Newhall. Van Horne will pay $50,700; Blairstown, $33,800; Norway, $33,800; and Newhall, $50,700.

County engineer

The board approved a Department of Transportation agreement for a deck joint repair project on the 54th St Trail bridge over I-380.

County Engineer Myron Parizek gave an update on the lights for the intersection of Highway 30 and Blairstown-Van Horne road. The two lights are working, he said.

Parizek also updated supervisors on oil work on the county’s roads.

Human resources

The board approved the closing of the human resources office. Supervisor Ron Tippett said that, during the budgeting process, the board decided to close HR. The county attorney recommended an official vote on this by the board.

Tippett said day-to-day operations will go back to the auditor. Complaints will go to the auditor’s office and then to the county attorney’s office or insurance company.

Other business

Supervisors conducted a land use hearing for Kevin and Susan Hagen who want to build an additional residence to an existing shop building on one acre in Section 9, Fremont Township. The land use change was approved.

The board approved the donation of accumulated sick time by one county employee to another, approved the use of the courthouse lawn by Vinton Parks and Recreation July 11 and Oct. 25 and tabled action on a memorandum of understanding regarding mental health and disability services.