Kenneth Dean: On the Scene

With apologies to the late Bob Merrill I have adapted a version of his former No. 1 song for this column.

How much is that doggie in the window? The one with the gnashing teeth. How much is that doggie in the window? I do hope that doggies on a leash.

Recently the news has been sprinkled with citizens being injured, maimed and even killed by dogs not properly restrained. It has happened in both city settings and on quiet, country backroads and has some arguing that allowing dogs to roam free in the country is their right.

In Smith County there have been numerous attacks that have left those injured with painful memories, medical bills and a belief there needs to be stricter laws concerning dogs.

Polly Scott told the Tyler Morning Telegraph earlier this week that she now has a fear of large dogs and family members would no longer visit her home after she was attacked by a large pit bull and her dog was killed trying to save her.

"My daughter said she will not bring my grandkids over here anymore, and I really don't blame her," she said.

I was told a few days ago by Smith County Judge Joel Baker there is no countywide leash law and that was because the citizens of Smith County did not want one.

"They say they moved into the county to be free of restrictions," he said.

However, Baker said that if a community or neighborhood wanted to adopt leash laws they could petition the commissioners court.

This just seems like it would create confusion for the animal control officers, the citizens and the judges who must administer fines for citizens whose animals are not properly housed.

Ms. Scott said she wants a leash law to keep animals from attacking innocent people.

"I was sitting in my own yard when I was attacked and Baily (her Papillion) was killed.

Smith County Deputy Constable Joe King, who is the northern Smith County animal control officer, said he believes owners are responsible for their pets, but added the county should enact new laws.

"I'd like to see another ordinance dealing with a leash law that would hold people more liable for what their animals are doing," he said. "I am a firm believer if you have an animal it is your responsibility to take care of them, but there needs to be some way they can be punished for not taking care of their animals."

King said Owentown is the only community in the northern sector of the county that petitioned the county commissioners for a leash law.

"There are times when I take in 20 dogs a day and then there are some days that I haven't gotten any, because they are in an area where there is no leash law," he said. "I can tell the owner they need to keep them put up, but they can tell me there is no leash law."

There is a proposed law before legislators that could land a dog owner, whose pet injures another person, in jail for 20 years if the animal attacked a person.

The bill by Rep. Dan Gattis, R-Georgetown, would make it a third degree felony - punishable by two to 10 years in prison and an optional $10,000 fine - if an owner failed to secure a dog that makes an unprovoked attack.

If the victim dies, the crime would be a second-degree felony, punishable by up to 20 years in prison.

For a dog owner to be charged with a crime under current law, the dog must have been classified as dangerous from a previous incident - a provision critics call "one free bite."

The Gattis bill (known as the Lillian Bill in memory of the 76-year-old woman killed by six dogs in her neighborhood) eliminates the dangerous dog requirement.

Earlier this week a 90-year-old San Antonio man was mauled by a neighbor's pit bulls that attacked him while he was sleeping inside his house. It was unclear how the dogs entered the man's home.

Smith County is no longer just a rural county, but a county thriving with new neighborhoods springing up everywhere.

Some of the people who have been attacked have been riding bicycles, walking or jogging in their neighborhoods and still no leash law.

My question is how many people will have to be injured or killed by dogs in our county before our elected officials act.

Kenneth Dean covers police, fire, public safety organizations. He can be reached at 903-596-6353.
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