Portage City panel upholds police finding that dog is 'vicious' after two juveniles bitten

PORTAGE CITY

The Portage City Legislative Committee on March 5 upheld the police department's determination that a dog named Via is "vicious" after two juveniles were bitten, requiring the dog's removal from the city within 10 days if the owner does not comply, the committee voted. Police Officer Evan Hudlin presented the department's account of the incident and recommended the "vicious" label.

The designation matters because the city's Vicious and Dangerous Animal Ordinance places stricter restrictions on animals labeled "vicious," including insurance requirements and, in the case of the city's ordinance as read to the committee, effectively prohibiting a vicious animal from remaining in the city.

Officer Evan Hudlin described his response to the incident: "I responded to a dog bite incident up at the hospital. A juvenile had been bit in the face and then bit in the arm by the dog Via." He said a second juvenile was chased and bitten on the leg. The police department recommended the "vicious" label rather than "dangerous" based on the severity and multiplicity of bites.

Cassie Lawrence introduced the appeal of the police's determination to the committee. Committee members discussed the ordinance definitions during deliberations: committee members reviewed how the city defines "dangerous" versus "vicious," with "vicious" described as including multiple bites or a propensity to attack without provocation and carrying more severe restrictions.

Owner Gassy responded from the podium and said she had complied with the required quarantine: "Pretty much what the officer said is accurate." The record shows that victim A's mother was contacted and that photographs of the injuries were shown to the committee. Committee members asked whether the dog was licensed and whether rabies vaccinations and quarantine paperwork had been returned; testimony indicated the dog's vaccinations were overdue by roughly "a week or two" and the committee did not have complete paperwork confirming compliance.

After questions and brief discussion about the facts of the incident and the severity of the injuries, a committee member moved to "deem [the] dog vicious" and uphold the police department's decision. The motion carried with recorded ayes from Alderman Feeney, Alderman Paul, Alderman Wetzel and Alderman Crowley. The chair announced, "The decision of the Police Department is upheld." Committee members said a certified letter would be sent to the owner the following day, starting the 10-day removal period under the ordinance.

The committee distinguished discussion from formal action: members asked follow-up questions and reviewed ordinance definitions during deliberation; the formal action was the committee vote to uphold the police determination, which triggers the ordinance timeline and requirements.

The committee adjourned after completing the appeal.