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Portage City committee upholds police finding that dog is vicious after two juveniles bitten
Summary
The Portage City Legislative Committee voted to uphold the police department's declaration that a dog named Via is "vicious" after two juveniles were bitten; the owner was given 10 days to remove the dog from the city if the decision is not overturned on further appeal.
Portage City's Legislative Committee on March 5, 2025, voted to uphold the Portage Police Department's decision to declare a dog identified as Via "vicious" after two juveniles were bitten, the committee said. The committee also confirmed that, under the city's Vicious and Dangerous Animal Ordinance, the owner would have 10 days to remove the dog from the city if the committee's decision is not overturned on appeal.
The police officer who responded to the incident, Evan Hudlin, described a case in which a juvenile was bitten in the face and arm and required stitches while officers were arriving. Hudlin said a second juvenile was bitten on the leg and that a second juvenile was chased during the same incident. "The recommendation from PD is to label it vicious instead of dangerous," Hudlin said, citing the severity and the presence of multiple victims.
The distinction between the two classifications was read into the record during the hearing: a "dangerous" designation describes certain aggressive behaviors or a single instance causing injury, while "vicious" carries additional restrictions under the ordinance and applies when an animal has bitten or attacked on two or more occasions or poses an ongoing threat; Hudlin also noted the ordinance requires insurance and other conditions for animals found to be vicious. The committee heard that the owner said she had complied with the city quarantine. The owner, identified in the transcript as Gassy, said, "I did comply with the quarantine."
Committee members asked follow-up questions about where the juveniles had been when bitten, whether the dog or dogs in the home were licensed and whether the required rabies shots and paperwork had been completed. Hudlin said he had not received paperwork confirming rabies vaccinations or the quarantine paperwork and that licensing status was not confirmed.
After questions and brief deliberation, a motion was made to uphold the police department's determination that the dog be deemed vicious under the city ordinance. The committee voted 4-0 to uphold the decision; members recorded as voting yes were Feeney, Paul, Wetzel and Crowley. The committee noted a certified letter would be sent and that the 10-day removal clock begins once that notice is delivered.
The committee did not adopt any alternative sanctions during the hearing. The record indicates the committee relied on the police report and photographs supplied to the packet showing bite injuries to the juveniles. The owner indicated compliance with quarantine but acknowledged the dogs had not been licensed consistently.
The decision can be appealed according to the procedural timeline outlined in the hearing; if the committee's decision is upheld and no appeal or other remedy is achieved, the owner must remove the animal from the city within the ordinance's 10-day timeframe or otherwise comply with conditions required for a vicious animal.
A certified copy of the committee's determination will be placed in the file and, per the committee discussion, a certified letter will be delivered to the owner to start the 10-day removal period.
