Supervisors has second consideration on vicious animal ordinance

By Jim Magdefrau

VINTON – The second consideration for Ordinance No. 80, Animal Protection and Control, (repealing ordinance No. 37) vicious animal, was held with the Benton County Board of Supervisors on Tuesday, July 22, 2025.

The meeting was held at the Benton County Service Center in Vinton.

County Attorney Ray Lough discussed issues that came up in the first consideration the week before, regarding the possible huge burden placed on law enforcement, rabies, and more options short of surrendering and destruction of the animal. 

Lough said, “I added a piece to the appeal hearing to essentially provide more protections for dog owners. I also put in some language that protects property owners a little bit more than before, because obviously if your dog’s on your land and

someone comes on when they shouldn’t be on your land, then I think that changes the picture.”

He said he first worked on the definition of what is at-large.  He said he simplified the definition to make it more understandable. If the homeowner posts a sign that warns to not enter a property, and if one is bitten by a dog, it would not be the dog’s fault. If the dog attacks a domestic pet that has come onto the property, that domestic pet is not where it’s supposed to be. 

Lough added the only three situations where the sheriff has to pick up an animal is if the animal has been at-large three times in 30 days. Other situations are if there is a bite, and if the dog has no rabies certification on the collar. 

Other issues covered by Lough were having an animal control officer, and alternatives to destroying an animal. Lough observed, “This is a hard subject and this is a statute ordinance we’re not going to get perfect. It’s just not doable.”

Work also continues on rabies. It was pointed out the only way to know if a dog has rabies is to put it down and check the brain. They also talked about vaccinations and quarantines. Other factors covered were teasing and provoking dogs, private property rights, enforcement, protection, stray animals, animals that are dumped, shelters, microchips, insurance, breed-specific laws, signage and protection for delivery people.

The board will meet again for the third consideration in two weeks. 

Other business

The board met with Rick Wood, Maintenance Director, for an employee evaluation.

The board discussed amending Resolution #13-11 LOSST (Local Option Sales and Service Tax) gifting. Clarification is needed on the use of the EMS Trust Fund in the purchase of new equipment, instead of using the LOSST fund. Auditor Hayley Rippel and Assistant County Attorney Derek Marsh will be working on this. Action was tabled.

The board acknowledged the resignation from Paige Rambo, sheriff’s department, and also approved her donating sick leave for another employee in the sheriff’s office.

The board discussed clarification on supervision of East Central Region DAP (Disability Access Point) Employee Sarah Wagner. Benton County is in charge of wages and benefits. 

Grace Schmidt gave an update on public health. They are waiting to hear more on state and federal funding. She also gave an update on measles. The state currently has seven confirmed cases. Local health departments have been well trained by Iowa Health and Human Services for this. If there is a case of measles, they would hear from her department. They have protocols and procedures the county will follow if this happens. 

A signature was approved on the CDBG Single Audit Form for the conservation tree planting grant.

Amy Van Welchel was appointed to the Civil Service Commission. She takes the place of Jennifer Zahradnik, who resigned. 

The board talked about holding an all-employee meeting. 

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