Decision to deem canine accused of biting 3 residents as dangerous will stand, board rules

COLUMBUS—The Polk County Board of Adjustment denied an appeal from a Columbus resident for the seizure of her dog this summer.

The board of adjustment reconvened Monday following a hearing on July 10 to hear testimony in the appeal, filed by Ronnie Mann. 

Mann appealed a decision by Rutherford, Polk, McDowell Health District Director Karen Powell to seize her dog, Harry. The board of adjustment deemed Harry a dangerous dog on Aug. 15, 2017. There are several stipulations on an owner of a dangerous dog, including that the dog be muzzled and leashed while off the property, and be properly contained while on the owner’s property.

Harry was seized for 10 days in June after an incident.

The board of adjustment determined findings of fact in the case on Monday prior to coming to the unanimous decision to deny the appeal.

“Although there was excessive testimony from both sides, none of the testimony was directly related to the basis of the appeal,” states the board of adjustment’s findings. “A summary statement was made by Public Health Director Karen Powell that said everything [was] done within the letter of law and compliance was sufficient.”

Mann testified that the hearing held to deem the dog dangerous was improper because her request for a continuance to hire an attorney was denied, and that she could not submit evidence on her behalf, as she was never furnished with a form in order to do so.

The time limit to appeal a decision deeming a dog dangerous is 30 days. Once a dog is deemed dangerous, and the appeal period is over, the dog will continue to be classified as such.

Several of Mann’s neighbors  testified in the July 10 hearing, with some coming to a Polk County Board of Commissioners meeting earlier this year to ask the county for help as well. Neighbors said Harry has bitten three neighbors over the last year.

Mann claims Harry has not bitten anyone, and she has since had the dog trained. Mann also says Harry now has a special collar so that even a child can control him.

Mann has also complied with the county’s animal control ordinance for required fencing to contain the dog on her property.