‘Dangerous’ animal rule too harsh?: Bonney Lake: Penalty same for crimes on chickens, people [The News Tribune, Tacoma, Wash.]

May 29--Darcie Severson dabbed her eyes with a tissue Friday as she sat with her dog, Meesha, at the Metro Animal Shelter in Puyallup.

The 22-pound, mixed-breed dog has been confined there since Feb. 12, when it was caught running free a week after allegedly killing a neighbor's chicken in Bonney Lake.

"I just want to take her home," Severson said.

The 48-year-old single mother of two has been fighting to get Meesha out of confinement for 31/2 months. Her story is now causing city officials to question whether they should relax penalties for dogs that attack livestock.

Though Severson disputes whether her dog killed her neighbor's chicken, she says there's something wrong with a law that punishes a dog accused of biting a bird as harshly as one that bites a human.

Under either circumstance, Bonney Lake's policy is to declare a dog "potentially dangerous" and require its owner to obtain a $50,000 insurance policy or surety bond for the animal. Most South Sound cities have similar policies.

"A person, a dog and a chicken are not even remotely the same," Severson told the Bonney Lake City Council on Tuesday night. "There is a great distinction between all."

Some Bonney Lake officials said this week that they understand Severson's point. After hearing her speak Tuesday, Councilman Mark Hamilton invited her to come to the city's public safety committee to discuss how the dangerous dog policy could be amended.

Hamilton, who chairs the committee, said he thinks the bond requirement is excessive if the dog's only crime was killing fowl.

"The intent of the legislation with the surety bond of $50,000 was to protect human beings, not farm animals," Hamilton said. "I don't think we sat around and considered, 'How does this apply to livestock? Is it possible that someone would have to get a $50,000 surety bond to insure a dog that kills a $5 chicken?'"

But other officials say drawing the distinction between a family pet and livestock could be difficult.

Bonney Lake Police Chief Mike Mitchell said that while he understands Severson's concern for her dog, it is important to protect other people's pets from attacks.

"Who's to say someone's chicken isn't their best friend too?" Mitchell asked.

Eventually, a majority of the full council would have to approve any changes.

"There maybe should be a separate set of legislation to deal with dangerous dogs that hurt humans and a different one to deal with livestock," Hamilton said. "I'm sure we can come up with something more reasonable."

In the meantime, Severson's dog remains confined in a Puyallup kennel. Severson is appealing Meesha's designation as potentially dangerous in Pierce County Superior Court.

THE INCIDENT

While she petted the dog through the chain-link gate of the kennel on Friday, tears rolled down her cheeks. She said the 3-year-old dog, a mix of Labrador, chow and Jack Russell terrier, has a sweet temperament and isn't dangerous to anyone.

Meesha was first declared potentially dangerous in February, when a neighbor reported seeing her pin down one of his chickens and carry away the bird in her mouth.

Severson says the bird's death was the work of coyotes.

Nevertheless, officers with Metro Animal Services -- the agency that handles animal control in Bonney Lake, Edgewood, Puyallup, Milton and Sumner -- declared Meesha potentially dangerous, requiring Severson to keep the dog confined on her property at all times.

About a week later, an animal control officer saw Meesha running loose off Severson's property and impounded her.

To retrieve Meesha, Severson must pay $250 to license her as a potentially dangerous dog and obtain a $50,000 bond to cover any injuries Meesha could cause a person or animal.

Severson said she's called several bond agents without success.

Additionally, if she pays the licensing fee and purchases the surety bond, she will forfeit her right to appeal and effectively accept the city's designation of Meesha as potentially dangerous.

NEXT STEP

Severson hopes Bonney Lake officials act before July 16 to lessen their penalties for dogs that attack livestock. That's when she is scheduled to appear in Pierce County Superior Court to appeal Meesha's designation as a dangerous dog.

If Bonney Lake officials amend the law by then, she'll have a better legal leg to stand on, she said.

But some animal control officials say changing the restrictions could be trickier than its seems.

"At what point does that dog potentially go from killing chickens to killing other, larger livestock or becoming dangerous to humans?" said Jason Wilson, a manager for the Sumner Police Department who manages Metro Animal Services. "You have other property owners involved here -- the owner of the chickens, for example."

Beyond trying to get Bonney Lake to change its law, Severson alleges the city has been illegally confining Meesha since February. She says the city's code says animal control officers can't keep her dog impounded until after she has exhausted the appeals process regarding Meesha's dangerous-dog designation.

Her lawyer, Boyd Wiley, wrote Bonney Lake officials in April requesting that they release Meesha immediately, threatening that Severson would seek damages if they didn't.

Mitchell said that the city's prolonged containment of Meesha is in line with its animal control policy and is necessary to ensure residents' safety.

"We initially released it to her with the understanding she would keep it secure," Mitchell said. "During that time the dog got loose, so then we took it into custody and don't feel safe returning it to her."

Melissa Santos: 253-552-7058 [email protected]

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