Hank is pictured riding in a vehicle in this photograph provided by Jan Propp-Estimo. She is fighting to keep the county from euthanizing the dog.
An amendment to Lewis County code under consideration by the board of county commissioners would allow the removal of a dangerous animal designation after filing an action in district court.
The change is in response to a situation in which a dog was declared dangerous and then later adopted out to a family after his name was changed, leading to questions on whether the animal should be euthanized.
“This is a proposal to allow you to amend the dangerous dog animal provisions of Lewis County code so that when new evidence emerges after an animal has been declared dangerous, a person in possession of that animal could appeal to district court to attempt to have the dangerous animal designation set aside,” David Fine, with the Lewis County Prosecutor’s Office, told commissioners on Wednesday.
The amendment would also allow district court to determine ownership if there are multiple people who claim to be the owner of an animal.
The draft amendment released on Wednesday states the animal cannot be euthanized while the proceedings are pending, unless it is determined it needs to be euthanized for reasons unrelated to its allegedly dangerous liability.
Following the hearing, the court would determine if the animal is still dangerous. If it is determined the animal is not dangerous, then the court will issue an order rescinding the county’s designation and the animal would not be euthanized.
At that point, the animal would become the property of the plaintiff and be placed into the care and custody of that individual.
If the dog is determined to still be dangerous, that is when the county will euthanize the dog, no later than the second business day following the court’s order.
The code would apply retrospectively to all animals that have been designated as dangerous and are in the possession of the Lewis County Animal Shelter on the date of the amendment's enactment.
That means the dog in question may have a chance to be saved.
On April 1, 2016, the Lewis County Sheriff’s Office responded to a report of a possibly vicious dog on Nelson Road in Winlock. A witness reported two pit bulls killed a goat and later injured a pony.
One of the dogs involved was injured when it was kicked by the pony and limped away, while the other dog, named Tank, was declared dangerous.
Since the original owner of the dog did not fulfill obligations under the county’s dangerous dog laws, the county seized the animal.
Currently, Lewis Code code states that if an animal in the county’s possession is declared dangerous, it has to be euthanized.
Instead of euthanizing it, Public Health and Social Services Director Danette York gave authorization to adopt the dog out, according to the incident report. Staff at the animal shelter said they did not see any dangerous traits and thought he was wrongfully declared dangerous, according to the incident report.
The dog’s name was changed from Tank to Hank. He was adopted out to a family who had not been notified of the dog’s declaration.
Owner Jann Propp-Estimo adopted the dog in January and has been working to keep the animal alive.
Once the Prosecutor’s Office was informed of the adoption, the dog was taken back into the county’s custody on May 9.
The recommendation from the Prosecutor’s Office was to euthanize the dog, so that the county would not be responsible if the animal later hurt someone. Under the current code, there is no mechanism to declassify a dog once it is deemed to be dangerous.
The amendment will be considered by the county commissioners at its Monday morning meeting. A public hearing will also be scheduled.
Fine said Eric Eisenberg, with the Prosecutor’s Office, is working on a new dangerous animal ordinance that will later replace the code entirely.
