By Jim Magdefrau

VINTON – An amendment to the Benton County Vicious Animal Ordinance was requested at the Benton County Board of Supervisors meeting Tuesday, June 3, 2025, at the service center in Vinton.

Kelley DeLong, rural Luzerne, met with the board about an amendment to Ordinance 37, which is the dangerous animal vicious animal at large ordinance. 

Derek Marsh, assistant county attorney, explained there is a process to making an amendment.  He wanted to make sure they adhered to this.

DeLong said of her effort to amend the ordinance, “I believe that this is important because we need a behavior-based approach to animal control and not a breed.” She added, “Ordinance 37 stands as one of the most outdated and unjust animal laws in the state of Iowa. It punishes dogs based on breed rather than behavior, promoting fear instead of fairness. This kind of legislation discriminates against responsible pet owners but also fails to truly protect the public.” 

DeLong said, “It is time to revise the ordinance, not just for the sake of our animals, but to ensure safety fairness and the well-being of our children and our community.”

DeLong told the supervisors that trespassing is not considered to be a punishable offense, according to the language of the statute. She proposed that consistent trespassing of known animals on a consistent basis, who are also off leash, uncolored and unidentified in other people’s property is dangerous and harmful.

Her proposed amendment is that disposition should be handled following one fatal attack. She said in her presentation, “If an animal kills, without provocation, a domesticated animal while it’s off its owner’s property or unlawfully on another person’s property, the animal shall be immediately taken into custody by animal control or law enforcement.”

She said these animals need to be verified and classified following a verified fatal attack. She stressed, “Residents have the right to feel safe in their own property without fear of fatal attacks from neighboring animals.”

She said her proposal allows for due process while prioritizing the safety of other animals and humans.

She concluded, “This proposed amendment seeks to enhance public safety, provide clarity for animal control and law enforcement, and aligns with evolving expectations regarding the responsible regulation of dangerous animals.”

She respectfully urged the supervisors to consider this revision.

Marsh said the county attorney’s office will most likely be the one drafting an amendment. He asked which counties she is looking at for an ordinance. She said Linn County has a great ordinance. 

Supervisor Chairman Tracy Seeman asked for a copy of Linn County’s ordinance.

DeLong’s family also made comments in support of amending the ordinance. 

Benton County’s ordinance calls for removal after two fatal attacks within 12 months. Linn County calls of removal after one fatal attack.

Seeman said, “We’ll look into this, with the help of Derek.” Marsh felt Linn County’s ordinance could be a good road map to help Benton County.”

LINKS

Benton County Ordinance 37 – Animal protection and control

Linn County Ordinance – Dangerous and vicious animals

Meeting video

Sheriff

The board approved the promotion of two corrections officers to sergeants in the sheriff’s office. They are Keith Mell and Jasira Prasasouk.

The board acknowledged the resignation of Crystal Northup, part-time custodian in the sheriff’s office. 

Law enforcement contracts were approved for Van Horne, Blairstown, Norway and Newhall. Van Horne will pay $50,700, Blairstown will pay $33,800, Norway will pay $33,800, and Newhall will pay $50,700.

Engineer

The board approved DOT Agreement Number 2025-C-088 for a deck joint repair project on the 54th St Trail bridge over I-380.

Parizek gave an update on the intersection lights for the Highway 30 and Blairstown-Van Horne road. It was reported the two lights are working. He also gave an update on oil work on the county roads. 

Human resources

The board approved the closing of the human resources office. Supervisor Ron Tippett said that in the budgeting process they had decided to close the HR department. The county attorney recommended an official vote on this by the board. Tippett said day-to-day operations will go back to the auditor. Complaints would go to the auditor’s office, who will then line it up between the county attorney’s office and insurance company.

Other business

A land use hearing was held for Kevin and Susan Hagen to build an additional residence to an existing shop building on one acre in Section 9, Fremont Township. There is an existing residence. The land use change was approved.

The board approved the donation of accumulated sick time to another county employee. 

They approved use of the courthouse lawn for Vinton Parks and Recreation on July 11 and Oct. 25.

The board tabled a memorandum of understanding regarding mental health and disability services.