Tuesday, October 26, 2010

UPDATED: Even Best Friends have issues on occasion

It seems that the roles of aggressor dogs and victim dog had been unintentionally reversed in the previous post.
As more of our neighbors and individuals involved have related their experiences, it is becoming apparent that the leashed dogs were the attackers, and, that the dogs in question may have a history of violence towards other dogs and people in Fairway Oaks.
Please understand that pet ownership is a responsibility and privilege, and must be treated as such.
Aggressive animals must be controlled. No one wants to be injured at the hands (or paws) of another.



From the Savannah animal control statutes:

ARTICLE C. DANGEROUS DOGS

Sec. 9-5041. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article, and the following words shall have the following meanings:

A. Dangerous dog means any dog that, according to the records of an appropriate authority:
1. Inflicts a severe injury on a human being without provocation on public or private property; or
2. Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.

B. Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state.

C. Potentially dangerous dog means any dog, according to the records of an appropriate authority, that:
1. Without provocation, bites a human being on public or private property; or
2. Without provocation, chases any human being upon the street, sidewalk or any public or private property, excluding that of its custodian, in an apparent attitude of attack.

D. Proper enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property 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. Any such structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.

E. Records of an appropriate authority means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this article.

F. Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.


G. Substantial chain or leash means a device used to restrain a dog that cannot be broken by the dog under its own power.

(Ord. of 12-16-1999(3), § 1)



Sec. 9-5042. Exemptions; investigation of reports.

A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

Upon receiving a report of a dangerous dog or potentially dangerous dog within the city from a law enforcement agency, animal control agency, rabies control officer, or county board of health, an animal control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article.

(Ord. of 12-16-1999(3), § 2)



Sec. 9-5043. Notice generally.

When an animal control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing.

(Ord. of 12-16-1999(3), § 3)



Sec. 9-5044. Scope of procedures.

As applied to the owners of potentially dangerous dogs, the procedures provided for in this article must be carried out as a necessary condition for the enforcement of the provisions of this article against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this article shall not be an essential element of any crime provided for in this article.

(Ord. of 12-16-1999(3), § 4)



Sec. 9-5045. Notice to owner of classification.

When a dangerous dog or potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.

(Ord. of 12-16-1999(3), § 5)



Sec. 9-5046. Requirements of notice to owner.

The notice to the owner shall meet the following requirements:

A. The notice shall be in writing and mailed by certified mail to the owner's last known address;

B. The notice shall include a summary of the animal control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog;

C. The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the animal control officer's determination that the dog is a dangerous dog or potentially dangerous dog;

D. The notice shall state that the hearing, if requested, shall be before the health department;

E. The notice shall state that if a hearing is not requested, the animal control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

F. The notice shall include a form to request a hearing before the health department and shall provide specific instructions on mailing or delivering such request to the agency.

(Ord. of 12-16-1999(3), § 6)




source: http://www.animallaw.info/statutes/stusgaodlincolncounty_savannah.htm#savannah

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