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CAN
THEY DO THAT ?
A
DOG'S DAY IN COURT
WRIGHT
& MILLS, P.A.
MY
CHILD WAS BITTEN BY OUR NEIGHBOR'S DOG,
BUT THE ANIMAL CONTROL OFFICER SAYS WE
CAN'T HAVE THE DOG PUT
AWAY.
CAN
THEY DO THAT?
Yes,
they can!
If a
dog assaults a person or another pet
without provocation, the animal control
officer can go to court and have the dog
declared to be a dangerous or vicious dog.
If the dog does not have a history of
attacking people or attacking other
domestic animals, then the court may only
order the dog to be muzzled, restrained or
confined.
The
court cannot order the dog to be put away
unless the dog has previously assaulted
someone. This law is what is called the
"two bite" rule. Essentially the law gives
a dog a second chance but allows the dog
to be confined or restrained on a leash
even on the "first
offense."
If
you are bitten by a dog, or if you witness
a dog attack someone without provocation,
you should make a written complaint to a
local law enforcement or animal control
officer within ten days of the
incident.
If
the dog poses an immediate threat to the
public, the animal control officer can
order the owner to restrain, muzzle or
confine the animal pending a court
hearing. If the owner refuses to do this,
the animal control officer may obtain a
court order to take the dog pending the
court hearing on the complaint against the
"dangerous dog."
So,
a guilty dog will not be put away on the
first bite; but it may suffer the death
penalty for a second
offense!
It's
the law!
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