City Councilman Aaron Rochester said his family remains concerned over the fate of their pet yellow Labrador retriever, Jake, "but are hoping for the best."

Retired Police Capt. Glen Hanson will serve as a special master to hear the Rochesters' appeal that their dog is vicious for biting a neighbor who walked by their house June 27.

Since then, Jake has been kept at the Sioux City Animal Control shelter, where the family visits him daily.

Update 7/14/09:  Retired Police Capt. Glen Hanson said he will issue a ruling within 30 days on whether to uphold previous decisions that Councilman Aaron Rochester's pet Labrador Retriever, Jake, is vicious.

Hanson, whom the council named as the special master in vicious animal appeal cases, made that announcement at the conclusion of a 35-minute hearing that drew more than two dozen pet lovers. Hanson let anyone testify who wished to do so.

"Do you know whether this dog has ever been aggressive before?" Hanson asked her.  "No," Chambers replied. "I have seen him on a weekly basis."

Since people often consider their pets as a part of the family, it's no surprise that the Rochesters gathered in support for their yellow lab Jake.

Aaron, his wife Amy, and their four children took a front row seat as family and community members spoke on behalf of their dog Jake.

Rochester's mother, who witnessed the entire event, was just one of the many who testified.  The man and the woman were running up the hill and as they approached, they slowed down. And as soon as the gentleman got near Kate, that's when Jake jumped up on him." said Rochester's mother Sheri Chambers.

Some witnesses and supporters believe Jake was merely acting out of instinct. After owning three labs in the past, Rochester's stepfather says he's seen things like this before. And believes that Jake was protecting Rochester's daughter from someone he believed to be a threat.

"Labs, to me, are head and shoulders above any other dog, as far as being a loving, caring, protective, fun loving dog... The dog is not vicious. To me a vicious dog would bite more than once, or mame, or kill." says Darell Chambers, Rochester's stepfather.

Dog lovers and animal activists at the meeting say the incident raises a much larger question... Is the vicious dog ordinance too strict? One dog lover said pets should be given a second chance. After this experience, Rochester says he may be willing to take a second look at law.

"After it's not a self interest, after I'm not going through it. I will certainly be open to looking at that vicious ordinance. To where we do something equitable and fair for everybody. Not just because I'm in the middle of a situation." says Councilman Aaron Rochester.

Others say the owner should be punished rather than euthanizing the animal. Rochester claimed partial responsibility for his electric fences being too lenient and is hoping that by moving the fence and retraining the dog, the pound master will let jake return home.

Since Sioux City Animal Control declared the lab vicious, the dog has been held at Animal Control's shelter. Chris Wall, whose wife Cindy Rarrat owns and operates Animal Control, said, "In the two weeks Jake has been at the shelter, there has been no cause for concern. I have not seen him bite, snarl or growl."

If Hanson upholds the vicious declaration, Rochester can appeal to district court, but has said he does not plan to do so. If Hanson does declare the dog vicious, Jake must be euthanized.

Update 7/17/09:  The Special Pound Master has made his decision about a Sioux City Councilman's dog.  Glen Hanson said he has re-affirmed the original decision that Aaron Rochester's yellow lab is "vicious."

  (Photo courtesy of KTIV)  In his ruling, Hanson said the dog, Jake, "left his yard and jumped on and bit a man walking on the sidewalk."

Hanson says he gave careful consideration to all the facts presented, but is denying Rochester's appeal to get his dog back.

Being deemed "vicious" means Jake will have to be put down.  "Of course, it did not come out the way my family had hoped," said Aaron Rochester, Sioux City Councilman.

Rochester says he's done battling to save his dog, Jake. He says he will be signing over the yellow lab to Sioux City Animal Control.

"Nobody's happy to lose something that they care about. And so, we're not happy about it, but we're not going to challenge the city over either," said Rochester.  He says that's because of the position he holds and a Sioux City councilman.

"If I don't like something as a lawmaker then I need to make amendments and try to change that, but not challenge the city in court," said Rochester.

However, he says there are things he's learned by going through the 'vicious dog' appeal process... including the things he wants to change about the ordinance.

"The way that we have the ordinance right now, any thing can happen to where even the victim can think that the dog is not vicious and he's still euthanized," said Rochester.

Rochester says it won't be until the dust settles that he'll consider making any motions to revise the 'vicious dog' ordinance.

"To look at the whole ordinance and the differences between and incident based on something that happened versus an actually vicious animal. And, I think that right now the way that the ordinance is, it doesn't really separate the two," said Rochester.

As of this afternoon, Animal Control officials say Rochester hasn't waived his right to appeal.

When he does, the county attorney and Animal Control will work together to decide on when Jake will be put down.

Reference:

Sioux City Journal

KTIV

KCAU TV