At the April 2 meeting, the Rushford Village Council heard an impassioned plea for help from a family seeking assistance with an animal control issue. Jared and Steffanie Iverson and Joyce Iverson, who served on several community organizations, including the zoning board, spoke regarding their concerns.
According to the family, dogs in the North Money Creek Road area have repeatedly attacked their dogs, resulting in at least four altercations with injury between them. A lack of inclusion of rural residential zoning is keeping enforcement from seizing the dogs.
“When I was working with the zoning board on the ordinance amendments, I don’t think we anticipated this kind of issue coming up. I also don’t remember limiting the animal control ordinance to R1 and R2,” said Joyce Iverson. “Somehow, we need to get all of the residential areas, those that were established before the subdivision ordinance and also those that have been established since, because this issue simply shouldn’t happen.”
“Since the last bite, they’re coming over multiple times a week,” said Steffanie Iverson, who noted the first bite in December 2022. “The first time there were 11 staples, nothing happened. The second time, we knew which dog it was, so, it was deemed potentially dangerous. The third time, the ball got dropped and nothing happened. The last time, it didn’t let go until I hit it with a bat. There were three of them running in a pack and a lot of people had problems.”
Another concern for the family is the personal safety of their children. They have security camera video of the three dogs running towards their children as they get off the school bus. “It’s multiple times a week,” she added. The family indicated they’d contacted the Fillmore County Sheriff’s Office multiple times. “Unless it’s another act of aggression, there’s nothing they can do about it,” she said.
State law controls how municipalities enact ordinances, so the village must follow procedures to amend them. In terms of ordinance enforcement, it’s all up to local authority.
Overland noted that when the council amended ordinances in 2012, it was the then council’s understanding that it covered all residential subdivisions. “Our understanding wasn’t correct,” he said. Adding the running at-large component to rural residential subdivisions will help address the gap without affecting protected agricultural zoning.
“How fast can we expedite this?” asked Councilor Mike Ebner.
“You can’t change an ordinance overnight,” responded O’Koren. “There’s a 10-day notice, public hearing, plus you have to have the document drafted.” The village will draft an amendment to the ordinance to have rural residential added rather than rework the entire ordinance at this time. It will give strength to enforcement options.
In the meantime, O’Koren suggested having contracted dog catcher Robert Brand patrol the area. Dangerous Dog and Attack by Animal issues are all applicable by state law. “The issue is the sheriff’s department doesn’t have a contract with the village. When they’ve been asked to write citations, it’s ‘Well, we don’t have a contract with the city,’” he said.
“That’s changed because they were doing that. That’s been changed recently or at some point,” said Overland.
Even with the proposed amendment to the ordinances, the sheriff’s department won’t enforce it without a contract with the village.
“Even though they’re telling them there’s no ordinance?” asked Councilor Travis Link.
“There’s certainly ordinances and certainly things that can be said, Attack by Animal being the large one,” responded O’Koren. “There are remedies there. It’s just a bit clunky on how it’s administered.” Contracting with the department costs $61 per day for one hour of service. Extrapolated out, the amount ranges from $20,000-25,000 per year for the village.
“We don’t want people getting hurt, so we’ve got to do something,” urged Councilor Rick Ruberg.
“They’re being attacked, and they’ve done nothing,” added Link.
Ebner recounted a time years prior when his wife was attacked and bitten by a neighbor’s dog. “They asked where and when and whatever. The hospital called the Fillmore County Sheriff’s Department. The next day, that dog was gone. Fillmore County took care of it.”
“That’s been my understanding of how it’s been addressed in the past. I have no idea of why that changed,” said O’Koren.
“We have a new sheriff. That’s what’s changed,” noted Zoning Administrator Jon Pettit.
“The point is, amending the ordinance may not have the exact effect. In my opinion, there are still things here to hold the individual accountable,” O’Koren stated. He indicated he’d sent letters to the responsible party, and the sheriff’s department had contacted him. “The message obviously isn’t getting through.”
“We have to do something now. It’s the right thing to do,” said Councilor Robert Hart.
The council will schedule the public hearing as soon as possible. Overland will lead discussions with the sheriff’s department and see if a representative will visit a meeting to discuss the issues.
In other news, the council scheduled their annual spring road tour for Tuesday, May 7, at 5:30 p.m. The council will meet ahead of the regularly scheduled meeting and take a bus to view village roads as a group, concluding their regular meeting afterward.
The next council meeting is Tuesday, April 16, at 7 p.m. at the Village Hall. The public is encouraged to attend.
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