Published Sunday, June 28, 2009

Pet dog euthanized following controversy

By Sarah Fay Campbell

The Newnan Times-Herald

A dog that was declared potentially dangerous in January has now been euthanized.

Coweta's Animal Control Board voted 2-1 in January to declare Poochie, a Lab/pit bull mix, potentially dangerous following the dog's second attack on its owner's roommate.

The victim in the case, Arvin Addison, did not want to press charges or even involve Coweta County Animal Control. Animal Control was notified by Piedmont Newnan Hospital emergency room staff.

Poochie's owner, Billy Addison, who is in a wheelchair, said that a vet had told him Poochie's new aggressive behavior could be caused by an overactive thyroid gland.

When a dog is declared potentially dangerous, the owner has to get a registration certificate. The certificate costs $500 a year, and the owner must also show that signs are placed on his property to let adults and children know that a potentially dangerous dog is on the premises. The dog must be kept inside or in a secure enclosure or under the control of an adult at all times.

At the end of January's Animal Control Board hearing, Animal Control Officer David Olmstead told Billy Addison a letter would be sent telling him what he needed to do to be in compliance with the regulations, and the time frame for compliance.

But that letter never came, Addison said. So he waited and didn't move forward with paying the $500 fee.

He kept Poochie under control and things were fine for a while. But a few months later Poochie bit Addison's niece. The niece was told not to be in the house unless Addison was there, he said, but she came in anyway.

Addison said he had just arrived home and was taking Poochie to the kitchen. Unbeknownst to Addison, his niece was in the bathroom, and Poochie bit her. The bite on the leg was pretty bad, Addison said, and required skin grafts.

He said his niece had been bitten before and tried to sue him, but his insurance company denied the claim, Addison said.

Animal control impounded Poochie on May 9 for the bite. When Addison went to pick up the dog from the pound, he paid an $84 fee and another $500 for the registration.

He was also cited for not complying with the registration requirements, said Patricia Palmer, Coweta's public information officer.

When a potentially dangerous dog bites again, it is automatically named dangerous.

Registering a dangerous dog requires the same fee, signs, and enclosure as a potentially dangerous dog, along with a $15,000 insurance policy for bite victims.

Addison had to go to magistrate court for not following through with the registration process for a potentially dangerous dog.

At court, Addison said, he was told he would have to pay an additional $500 even though he had just paid the original $500 a few weeks before. He was also told he would have to build a pen for Poochie with a concrete floor, he said.

When asked why Addison would have to pay another $500 when the county's ordinance refers to the $500 cost as an "annual registration fee," Palmer said that "it isn't clear whether another $500 fee would have been necessary, beyond it being required every year."

"We would have asked for an opinion from the county attorney as to whether the change in classification from potentially dangerous to dangerous would have required another fee in this calendar year," Palmer said.

"I'm not sure what he was told" in court, Palmer said. "There may have been some confusion about that."

As for the enclosure, Coweta's ordinance regulating dangerous dogs requires "a proper enclosure sufficient to confine the dog."

Proper enclosure is defined as: An enclosure to keep the dog "securely confined indoors, or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping."

The enclosure must have secure sides and a secure top, and the bottom of the fence must be constructed or secured to prevent the dog's escape.

Addison said he was originally told the fence would need the posts to be sunk in concrete, then it was changed to a requirement for a concrete floor. He estimated the pen would cost $700 or so to build.

"They know I'm on a fixed income, and I didn't have money like that," Addison said.

"If he could meet the requirements of the law, he could keep his dog," Palmer said.

Palmer said Addison asked the judge if he could have Poochie put down by a vet. He was told yes, Palmer said, but after conferring with his attorney, stated he could not afford it. Addison then agreed to sign a release allowing animal control to pick up the animal.

Addison said he decided to take Poochie to the pound himself instead of having animal control take him.

He has been devastated by the loss of his dog, which he's had for eight years.

"He was just like my kid, and he minded me like a kid would," Addison said. The dog had never been vicious with him, Addison said, but his disposition appeared to change recently. A veterinarian suggested a thyroid test, but Addison said he didn't have the money to get the test done.

"I'm so disgusted with them and hurt by them, and it's just pitiful," Addison said of animal control and the county's Animal Control Board.

"I wish I could have saved him, but they gave me no choice. They meant to put him down."

When asked if Addison's $500 could be refunded since he never received a certificate of registration, Palmer said Addison would have to make a formal request for a refund.