Mobridge, SD Hates Pit Bulls

Stay away from Mobridge, South Dakota!

I really want to yell that from the highest hill.  Why?  Because the City of Mobridge has decided to wage war on pit bulls and they are doing a really good job.

For those of you unfamiliar with Mobridge, SD, let me paint you a picture.  In the time between the 2000 census and the 2008 Census, the population of Mobridge has declined by 11.8% to 3,154.  “Mobridge is a dying town.” said former South Dakota Governer Bill Jenklo when he was approached by citizens for grant money several years ago.  I have to agree.  The median household income is $29,437 while the South Dakota average is much higher at $43,424.  The low income is partly due to the fact that Mobridge has no significant industry other than agriculture and “tourism”.  This city banks on hunters and fishermen for a large part of their economic viability.  The per capita income demonstrates how well that is working.  Mobridge has a per cpaita income of only $18,093.  It is worth mentioning that the National Poverty Line for a family of four is $22,050.  Mobridge is a poor town with a shrinking population and unstable economy.

In the spring of 2009, there was an incident where a female jogger was chased by a juvenile pit bull and she was frightened enough to complain to the right people.  Apparently, around the same time the police department began seeing an increased number of pit bulls in houses when they went to serve warrants or respond to calls.   Unfortunately, during this time, I decided to adopt a male pit bull from the Aberdeen Area Humane Society.  I live next door to Katie Zerr, the news editor for the Mobridge Tribune and she has expressed her fear of this dog, but never to me.  These three issues seem to have set the stage for the drafting of an anti-pit bull ordinance.

In June I spoke before the Mobridge City Council and presented them with information on pit bulls and about how breed specific legislation (BSL) has been proven ineffective.  I am not sure if the information was well received, because Councilman Dennis Wheeler decided to use the meeting as an opportunity to attempt to discredit me by  referencing the fact that my address had been mentioned in less 3 calls a year regarding dogs over the past 4 years.

The talk of BSL began, I believe, as a result of the lady jogger being chased and scratched (not bitten according to the dog’s owner) by a young dog.  The problem was exacerbated by the fear of the police officers when confronted with pit bulls.

Mobridge Police Chief Mike Nehls told the Mobridge City Council Monday, May 18, that dogs are becoming more and more of a problem in the city.

Nehls said there has been an increase in complaints about vicious dogs coming into the police department.

He said a runner was recently bitten by a pit bull on a city street. The department had received complaints about that dog before and, according to Nehls, the owner was told the dog must be taken out of the city limits. He said the original owner gave the dog to another person in town and the dog is still in the city.

Nehls said he is currently researching ordinances pertaining to vicious dogs and asked the council to consider an ordinance when he finds one that will fit the needs of the community. He said there have been other communities that have outlawed certain breeds and others that have set limits on a number of dogs that can be in one household. He said he is interested in ordinances that require owners of certain breeds to carry a high insurance liability and prove that animal is covered by that insurance and must install a chain-link fence around their property that meets ordinance standards.

“I believe we need to take steps to guarantee the safety of the public,” he said. “People should be safe when out running, walking or just enjoying our quality of life here in Mobridge.”

Nehls said there are more and more pit bulls being brought into the community and that concerns him.

“We hate to point out certain breeds of dogs, but it seems there are animals that have a certain disposition for aggressive behavior,” he said.

So this entire issues is rooted in one instance where a jogger came into contact with a dog, contact that did not require medical treatment.  It is also rooted in the fact that the Mobridge Police Department is ill-equipped to handle dog problems.  In fact, they do not even have a “dog officer”.  This might explain why they cannot enforce the leash law and vicious dog ordnance that is currently on the books.

South Dakota already has regulations in place for dealing with vicious dogs.  So why does Mobridge need a separate set of laws?  Is it politics?  Is it money?  Or, is it simple ignorance?  Who knows.

The state defines a vicious dog as follows:

40-34-14.   Vicious dog defined. For the purposes of §§ 40-34-13 to 40-34-15, inclusive, a vicious dog is:

(1)      Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; or

(2)      Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

The State also has provisions for confining vicious dogs and for assigning liability to owners when a dog causes damage or attacks.  Again, one must ask, how will Mobridge enforce their proposed “pit bull” law when they have demonstrated an inability to enforce the laws currently in place?

Let’s go back and look at Mike Nehls’ statement about the pit bull attack.

He said a runner was recently bitten by a pit bull on a city street.

The state says,  “Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places…”

So, according to the State of South Dakota, the dog in this case is by definition vicious.  The State also explains what should be done following an attack.

40-12-5.   Confinement of pet after attack upon person–Violation as misdemeanor. The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner’s expense upon his premises or at a city pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten-day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.

Nhels had the legal right to have the dog confined and/or destroyed yet he says, “… the owner was told the dog must be taken out of the city limits. He said the original owner gave the dog to another person in town and the dog is still in the city.”

FACT: One pit bull bit one jogger.

FACT: South Dakota has laws in place to deal with this.

FACT: Mobridge does not enforce those laws.

FACT: Mobridge does not have an Animal Control Officer.

How am I to believe that Mobridge will be able to enforce any new laws?

It is worth mentioning that poorer communities do not normally have well-trained officers.  Police officers in Mobridge only make about $23,000 a year (approximately $950 above the poverty line for a family of 4) which does not attract the highest quality officers.  In 2009, the Mobridge Police K9 officer’s employment ended after allegations that he was kicking the police dog at a public event.  One would wonder that if the K9 officer has that level of respect for the dog that is working as his partner, what opinion is held by the department?  Another officer was bitten near the groin after he entered a residence.  Understand, these are the people that will be charged with enforcing the pit bull ordinance.