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Evansville commission finds two dogs dangerous after neighbor’s cat attack, imposes containment and other requirements
Summary
The Evansville Animal Control and Education Commission found two dogs — Belize and Ruby — to be dangerous after a June 5 complaint that the animals pulled a neighbor’s kitten under a shared fence. The commission stopped short of finding serious bodily injury to a person and imposed registration, containment and other restrictions on the owners.
The Evansville Animal Control and Education Commission on Tuesday declared two dogs — identified in the hearing as Belize and Ruby — dangerous after a neighbor testified the animals pulled her kitten under a shared fence on June 5.
Complainant Shauna Fine, of 1663 Gilbert Avenue, told the commission she and her 6‑year‑old niece were in their backyard when two dogs dug under the chain‑link fence, reached through and dragged her kitten into the neighboring yard. Fine said she jumped the fence to try to rescue the animal but the kitten was already fatally injured. Fine described continuing distress and said she and her niece remain traumatized.
The animals’ owners, Jacqueline McDonald (1661 Gilbert Avenue) and Emmanuel Goodman, said the physical evidence and photos they submitted do not support the complainant’s account. McDonald said her dogs stayed in her yard, that erosion and a trench on the neighbor’s side weakened the fence, and that her animals were surrendered to animal control willingly for quarantine after the incident.
Assistant City Attorney Aaron Allen moderated the hearing, explaining the standard in Evansville Municipal Code for declaring an animal dangerous and the process for evidence and testimony. The commission voted to find probable cause for the hearing and, after hearing testimony, voted to declare Belize and Ruby dangerous.
The commission also voted that the incident did not rise to the municipal code definition of serious bodily injury to a person. Commissioners then voted to impose a package of restrictions on the animals and their owners to reduce future risk. The restrictions ordered (by vote) included registration with animal control; keeping the animals in a secured, locked enclosure when unattended; requiring that the animals be kept on a non‑retractable leash no longer than six feet and under the control of a person 18 or older when off the property; spay/neuter at the owner’s expense; permanent identification (microchip or tattoo); and financial penalties for failure to comply, with the possibility of further orders if another incident occurs. The commission noted humane destruction may only be ordered in later proceedings if a future incident results in serious bodily injury to a person.
The owners were given instructions on reporting requirements and were told they may appeal the commission’s decision to Vanderburgh County Superior or Circuit Court by verified complaint within 10 days.
The commission’s record includes the complainant’s narrative, photos and text messages, and the respondents’ photographs and texts asserting erosion and changes to the fence line. Animal control’s bite report was included in the record but did not contain a victim or owner statement supplementing the officer’s observations.
The commission’s decision focuses on preventing future incidents through containment and owner obligations rather than ordering euthanasia at this time.
The commission meeting packet and hearing transcript list the address of the complaint as 1663 Gilbert Avenue (complainant) and 1665/1661 Gilbert Avenue for the animal owners; the incident date in the complaint is June 5 (time approximated at 7 p.m.).
Appeal information: either party may appeal the commission’s decision to Vanderburgh County Superior or Circuit Court within 10 days of the written decision.
