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The Victoria

GAZETTE

BITING DOG CONTINUED.

"Seems we could take the dog off the street until we hear from the county," said Mayor O'Connor. "We have a nightmare while the process is unfolding. The neighbors shouldn't be at risk. Democracy is a messy thing sometimes."

Sue Chapman, resident on Lilac Lane down near Schutz Lake and owner of the little Corgi that was mauled, spoke to councilmembers with emotion in her voice. "It was April 23rd when that dog attacked my Corgi. The neighbors are alarmed as well. Some carry bats now when they go on a walk. Children are terrified. We're being held hostage in our neighborhood. I've lived here 27 years. This was the most terrifying experience in my life. Now we walk our dog through the brush of Carver Park to get to the trail. That dog has tasted blood and it will want more."

Said Councilmember Tom Strigel, "The owners aren't doing what responsible owners should do. It's an unbearable situation. The process has to be expedited."

Stated Mayor O'Connor to resident Chapman, "Give us a little time. Hold us accountable." He made a motion to allow the process to run and to keep the issue a priority of staff and council. It passed 4-0.

Councilmember Jim Crowley said that county review after May 20th is not acceptable, that it should have been sooner and timely. In any case, said the city attorney, "County staff makes the determination."

May 28th

At the following May 28th city council meeting, Mr. Uram presented a copy of a letter from the Carver County Animal Control Authority of the Carver County Sheriff's Office. It is addressed to the owner of "Breaker, a Chesapeake Bay Retriever, that has bitten a domestic animal." It states, in part:

"You are hereby placed on notice that you have a 'potentially dangerous dog' as defined by statute.

"Many dog owners voluntarily have microchips implanted in their dogs for identification purposes. If you have not had a chip implanted in your dog, you now must do so subject to the microchip identification of Carver County Ordinance ... If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog's owner.

"Please notify the Carver County Animal Control Authority in writing within 30 days of the date of this letter [May 21st] with the name of the microchip manufacturer, identification number of the microchip, and the name of the veterinarian's office who performed the procedure.

"If your dog, without provocation, does bite, chase, or attack again, you will have what the statute defines as a 'dangerous dog' and our office will take appropriate legal action. As you know, many dogs have the potential to create significant injuries. I thank you for your cooperation to ensure your dog poses no further threat to humans or other animals.

"The following are the requirements for your dog, Breaker, a Chesapeake Bay Retriever. It shall be microchipped. It shall have a current rabies certificate from a certified veterinarian. It must be licensed with the City of Victoria and updated yearly. The dog must be secured at all times by a fence or a metal leash/chain, not to exceed the owner's property. It must be sterilized within 30 days of the date of this letter.

"You have the right to appeal the Potentially Dangerous Dog designation."

***

The Carver County Ordinance also makes the following distinctions between two definitions:

"Potentially Dangerous Dog" means any dog that 1) when provoked inflicts bites on a human or domestic animal on public or private property, 2) when unprovoked, chases or approaches a person in an apparent attack, or 3) has a known propensity, tendency, or disposition to attack unprovoked."

"Dangerous Dog" means any dog that has 1) without provocation inflicted substantially bodily harm on a human being on public or private property, 2) killed a domestic animal without provocation while off the owner's property, 3) been found to be potentially dangerous then aggressively bites, attacks, or endangers the safety of humans or domestic animals, 4) when unprovoked has bitten one or more persons on two or more separate occasions, or 5) been or will be used, trained, or encouraged to fight with another animal, or whose owner has in their custody or possession any training apparatus, paraphernalia, or drugs used to prepare such dog for fighting with another animal."

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City Scoop Continued

June 2013