Editor’s Note: This is the second piece of a two-part series. “Dog Court” is intended to detail the history and proceedings of Lewis County’s Dangerous Animal Designation Board. Find the first installment here.
On Aug. 9, two dogs, a 1-year-old male yellow lab named Bo and a 7-year-old female black lab named Whisky, left their home property in Toledo.
According to case documents obtained by The Chronicle, a Lewis County Sheriff’s Office deputy was called to the scene where the dog owner stated her dogs got out, killed a rabbit and damaged a hutch. The owner of the rabbit told her “they owed him $150 in damages, or he’d shoot the dogs,” documents state.
The deputy was required to report the situation to Lewis County Public Health & Social Services Humane Officer Alishia Hornburg, who then sent the owner notice of a hearing to determine whether their dogs were dangerous or not.
A dangerous animal, as defined by Lewis County code, is any animal that inflicts severe injury or death on a human, domestic animal or livestock without provocation; or, an animal that has previously been found to be potentially dangerous that again aggressively bites, attacks or endangers the safety of humans or animals.
The hearings are held in front of the Lewis County Dangerous Animal Designation (DAD) Board, a quasi-judicial, commissioner-appointed set of volunteers. During proceedings, a quorum of at least three people listen to potentially dangerous dog cases where the humane officer and an attorney are the prosecutors and the dog owner is the defendant. Some people bring a lawyer. Often, dog owners come to the hearing and are surprised by the formality of it all, Hornburg said.
According to Chuck Snipes, a member of the DAD Board, the owner pleaded to the board that Bo and Whisky were good dogs. In an email to The Chronicle, she sarcastically wrote, “Thank you Alishia Hornburg for protecting my neighbors from vicious attacks of licking and slobbering.”
But, in the same hearing, Snipes said the owner admitted the dogs’ responsibility in the rabbit’s death and even said the two dogs were specially trained to hunt rabbits.
“In almost every case, it’s due to negligence of the dog owner or negligence of the other person that this happened. It’s not the dog’s fault,” he said, later adding, “You really have to keep dogs away from rabbits that you want. And if you can’t do that, well, the rabbits get killed.”
When a dog is registered as dangerous in Lewis County, the owner has to either euthanize the dog or follow a strict set of rules. The former can be by the owner’s chosen veterinarian or by the county. The code to keep the dog includes housing the pet in a six-sided enclosure with posted signs warning of the dog’s status and annually paying $50 and providing proof of homeowner’s or renter’s insurance. If the dangerous dog is to be walked or transported at any time, it must wear a muzzle and be under the care of a competent person.
Unfortunately for Bo and Whisky — dogs that even the reporting deputy described as “very friendly and healthy,” in a report — dog court isn’t about who’s a good boy. It’s about whether the dog committed an action that qualifies it as dangerous, and that’s all.
Who’s a Good Boy?
The first part of this series detailed the history of dog law in Washington, which sets the scene for where Lewis County is in the process now. While Hornburg takes the brunt of anger from owners whose dogs are declared “dangerous,” she has no say in the state law. In her perfect world, she said, dogs would have some process for rehabilitation or behavioral training. Then, maybe dogs might not stay with their original owners, but they’d at least be spared from euthanasia.
But, in this world, we have the DAD Board. And despite still fielding dozens of angry calls from dog owners, Hornburg said, “I’m really happy with where we took this.”
In information from a public records request on 21 dog court cases between mid-2019 and earlier this year, 13 dogs were declared dangerous while eight were not. Three of those that were not declared dangerous were put down before a hearing ever took place.
Sometimes, Hornburg said, owners know their dogs did something bad. Bad enough that they will shoot the dog themselves, which is within their rights, she said.
Some owners happily keep their pets in compliance with the dangerous registration and are just happy they can keep their dogs, she said. Owners find creative solutions, such as transforming old chicken coop fences into an enclosure for the dog.
“I get the face of now being the bad guy because they forget who handed them that ruling letter. Part of my job is to seek compliance, so I’m on the phone with them, I’m emailing them,” Hornburg said.
She told the story of one couple with a dangerous dog that adequately complied with the code until they divorced. Then, the two tried to co-own the dog by bringing it back-and-forth between their homes without informing Hornburg, and eventually fell out of compliance. Hornburg received a call about a child who’d been severely bitten by the dog thereafter.
“We have to remember sometimes that dogs are dogs. And it doesn’t matter the breed. It doesn’t matter. Like, they’re canines and sometimes they act like canines,” she said, but coupled her statement with the fact it is the owner’s responsibility to remember that.
Barbara Russell, civil deputy prosecuting attorney with Lewis County who represents the humane officer in DAD Board hearings, added that animals aren’t morally good or bad at their core. Dogs are what they’ve been taught to be.
‘No Matter How Hard’
The DAD Board is a step toward amending the process for animals to be closer to the process for humans, Hornburg said. But the system would be necessary far less often if dog owners were always proactively responsible by training dogs and keeping them in an enclosed area.
That’s part of Lewis County’s issue, she said. It’s rural enough that most people don’t think about putting up a fence around their dog’s space. She felt some dangerous dogs in the county would never have had the chance to be determined as such if they lived in a city where they never had access to other animals.
She encourages all dog owners to put their pets through the American Kennel Club “Canine Good Citizen” training. Find out more about that program by searching “AKC good citizen.”
This series on dog court began after The Chronicle reported on a story about Karma, a rottweiler who allegedly chased horses and mauled a cat with another dog. Karma was passed off to the animal shelter, unbeknownst to county staff, and adopted by another woman, Rebecca Nichols. After Hornburg tried for months to bring Nichols into compliance, she was called to the home, where she saw Karma not being kept within the necessary enclosure, for a report that a minor in Nichols’ care had harassed and killed a cat.
Both in the case of Karma’s original owner and when it came to Nichols, Hornburg again reiterated that the dog being seized by the county and put down came after negligence of people.
“I take dogs on their final drive. There’s a lot of talking that goes on in that truck. Karma was hard. She’s a sweet girl,” Hornburg said through tears. “If I thought I wouldn’t get in trouble for it I’d probably take them for a pup cup. … It’s the last (time) they’re going to be seen by somebody, like, really seen as an individual.”
Most of the humane officer’s job is to seek compliance where animals may have been mistreated, to check on kennels, investigate cruelty claims and keep breeders up to county code. That part of her job is her passion. Through it, she educates owners and can perform life saving measures for neglected animals.
But, one part of her job description states her responsibility to safeguard citizens from dangerous dogs.
“I remember that when I’m in that moment and it’s really difficult. Over here, I’m protecting all the animals and I’m their voice, and I’m advocating for them. But I have to remember that my job description has given a flip side of that. In the moment of dangerous dogs, that humans are more elevated,” Hornburg said. “No matter how hard it is.”
Attend a Meeting
Lewis County Dangerous Animal Designation Board hearings are held on the first Monday of each month at 4:30 p.m. in the Lewis County Commissioners’ Hearing Room on the third floor of the Lewis County Courthouse, provided there is a potentially-dangerous dog incident that took place in the weeks prior.
