Meta residents fed up with dog issues

By Neal A. Johnson, UD Editor
Posted 6/16/21

Meta residents Sharon Engelbrecht and Lynn Kleffner told aldermen at their meeting last Wednesday, June 9 that something needs to be done about dogs destroying property and attacking people.

“We …

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Meta residents fed up with dog issues

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Meta residents Sharon Engelbrecht and Lynn Kleffner told aldermen at their meeting last Wednesday, June 9 that something needs to be done about dogs destroying property and attacking people.
“We need that leash law brought back because I’m getting tired of having dogs in my yard destroying my property,” said Engelbrecht, noting the latest incident occurred on May 22. “We have a big problem.”
Engelbrecht called the Osage County Sheriff’s Office and was told by Deputy Vince VanderFeltz that she has the right to defend herself from these dogs, including shooting them.
“So, I went out and bought some BB guns,” she said. “I’m tired of this. I love dogs and cats but I don’t want any more destruction. I don’t want my dad being bitten by these dogs.”
She added that the dogs’ owners have been warned. “There’s got to be some way to bring the leash law back,” Engelbrecht said.
“The only problem with that is we would have to have someone to enforce the leash law and we don’t necessarily have a deputy in town,” said Mayor Emily Sommerer.
“And there’s no pound in Osage County,” Alderman Steve Sherrell added.
“If it was brought back, they said they would come to enforce it,” Engelbrecht said of the sheriff’s office. “I talked to Deputy VanderFeltz and he told me to document everything. I have two pages of documents of things that’s happened in the last couple of days.”
“My understanding is that we would have to have a contract with (the sheriff) for them to come down,” Alderman Ivie Helton said.
City Clerk Deidra Buechter agreed. “A county deputy cannot enforce city ordinances,” she said. “That’s what the sheriff told me.”
“That’s part of the reason we got rid of it, on the lawyer’s advice,” Sherrell said of the leash law.
Maintenance employee Kenny Loethen noted a dog catcher was living in Meta at one time, which made a difference.
City Attorney Nathan Nickolaus interjected that he has had this issue come up with other municipal clients.
“As it turns out when the city does not have a leash law, it is the sheriff’s duty to pick up those animals,” he said, alluding to a pair of state statutes that outline the procedure. “You can call them and tell them they need to take care of it.”
Nickolaus provided Engelbrecht and Kleffner statute numbers to review.
RSMo 273.033 — Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense. If a person has, on at least two occasions, complained to the county sheriff or to the appropriate animal control authority in his or her jurisdiction that a dog, not on a leash, has trespassed on property that such person owns, rents, or leases or on any property that constitutes such person's residence, and when at least one of the prior two complaints was motivated by reasonable apprehension for such person's safety or the safety of another person or apprehension of substantial damage to livestock or property, then any subsequent trespass by such dog shall constitute prima facie evidence that such person was in reasonable apprehension of imminent harmful contact. The county sheriff or animal control authority to which any complaint under this section is made shall notify the owner of the alleged trespassing dog of such complaint.
Sheriff Mike Bonham said in a subsequent interview that his office has in the past notified dog owners of complaints as required by statute.
RSMo 578.024 — Keeping a dangerous dog — penalties. — 1. A person commits the offense of keeping a dangerous dog if he or she owns or possesses a dog that has previously bitten a person or a domestic animal without provocation and that dog bites any person on a subsequent occasion.
 2. The offense of keeping a dangerous dog is a class B misdemeanor, unless such attack:
(1) Results in serious injury to any person, in which case, it is a class A misdemeanor; or (2) Results in serious injury to any person and any previous attack also resulted in serious injury to any person, in which case, it is a class E felony; or (3) Results in the death of any person, in which case, it is a class D felony.
3. In addition to the penalty included in subsection 2 of this section, if any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by the county sheriff. The dog shall be impounded and held for ten business days after the owner or possessor is given written notification and thereafter destroyed.
“If a dog is chasing you or attacking you or someone else, it is absolutely reasonable to destroy the animal,” said Bonham.
However, Bonham said he is limited in what he can do regarding dogs.
“Since we do not have a dog-catcher in this county, and we are not trained in the safe handling of vicious dogs, we would have no choice but to put the animal down and it wouldn’t be pleasant,” he explained. “My understanding, and our policy in coordination with the prosecuting attorney, is that after the first incident, we would respond but at that point, there would be no alternative to terminating the animal.”
Bonham added that in the event of a dog bit, his department investigates the matter.
As for property damage, Bonham said that is a civil matter and will need to be worked out between individuals. He recommended that all encounters be documented thoroughly for presentation before a judge.
Alderman Lawrence Hoffman asked if the city should contract with a dog-catching company, and have them come to town once a month.
“It needs to be done,” said Kleffner. “When a man is getting bitten by the same neighbor’s dogs, it’s a problem. Like Sharon said, an elderly man, who served in the Korean War, should not have to fight and carry a gun to be on his own property or in his yard or garden to defend himself.”
Kleffner added it’s a perpetual problem with the same neighbors since 2018. “Nothing has changed,” she said. “They’re disingenuous people, and their behavior doesn’t justify the actions of their dogs.”
“I can tell you that if a dog bites me, you ain’t gonna need no dog-catcher,” said Hoffman.
Kleffner told aldermen the neighbors in question have four or five dogs that are not being controlled.
“I put up video cameras around my house, not because of the apartment problems but because of the neighbors and their dogs,” said Kleffner. “I have proof on my phone and video. It’s becoming a real problem.”
“If the city as a whole finds this to be a problem, we need to figure out what to do,” Hoffman said.
Nickolaus said if a property owner has an animal that is creating a nuisance, it is probable the city could go after them using the nuisance ordinance.
“We would need considerable documentation that it’s an ongoing problem,” Nickolaus added.
Engelbrecht and Kleffner said they have ample evidence, including dates and times. They gave copies of the documentation to Nickolaus.
“So the sheriff is a short-term solution,” said Helton. “What are we looking at in the long term?”
Nickolaus said he would review the city’s ordinances and determine whether they contain language about animals. If they do, he said a lawsuit could be filed against the property owners.
If not, the ordinances can be amended to include such language at the next meeting.
Engelbrecht and Kleffner also asked about limiting the number of dogs a property owner can have, suggesting two should be the magic number.
“I think we need to define what would be a nuisance,” said Alderman Otto Wankum.
“A nuisance would be allowing them to roam off the property, and scaring and biting,” Nickolaus replied.
Property destruction would also be a nuisance.