June 23, 2013
On the evening of June 22, 2013 my
two teenage children were out walking our three dogs on a leash in front of our
house in Coto de Caza Orange County. At one point out of the blue my
neighbor’s dog viciously attacked one of my dogs and caused him some very
severe bites and injuries. This was not the first time this dog has displayed
and exhibited erratic and vicious behavior in the neighborhood. My family and I
can’t even sit quietly in our back yard without having this dog continually
growl and menace us. This has been going on for several years with absolutely
no recognition or action on the part of the dog’s owner to stop such menacing
behavior. His response to my complaints about the dog’s vicious behavior is that
“If I were nicer to the dog he wouldn’t behave that way”….
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After two years of this kind of
nasty menacing vicious behavior this dog finally bit and injured one of my dogs
in front of my house. He was being walked by a “dog sitter” who had no control
over this dog whatsoever. He was on a leash but the leash was over 20 feet long
so it couldn’t stop this dog from attacking and biting one of my small dogs.
After the incident my wife had to
take my dog to the vet where he had to stitch up the dog’s wounds and give him
some sedating medicine. A photograph of those wounds is attached for your
review. Also attached are photographs of my small dog and the attacking dog (
black and white in color) who bit him. Note the huge disparity in size of both
animals. This is a case of a huge bullying dog attacking a small victimized dog
for no reason.
Under Orange county law which I am
citing below it requires the following when a person or another dog is
viciously attacked and injured by a dog without any provocation or reason. I
hope you will follow this law to the letter and order that this dog be removed
from the neighborhood where he presents clear and present danger to the
community.
Sincerely,
William Kirkendale
Orange
County Dog Bite Laws
Dog
Bite Resource Center
Sec.
4-1-95.
Declaration and possession of
vicious or potentially dangerous dog.
General Provisions.
If the Director has cause to
believe that a dog is a "vicious dog or potentially dangerous dog"
within the meaning of section 4-1-23, he or she may tentatively find and
declare such dog a "vicious dog or potentially dangerous dog."
Upon tentatively finding and
declaring that a dog is a "vicious dog or potentially dangerous dog,"
the Director shall notify the owner and/or custodian in writing of his or her
tentative finding and declaration.
The notice shall inform the owner
and/or custodian of such dog that he or she may request a hearing in writing
before the Director within five (5) working days of receipt of such notice to
contest the tentative finding and declaration. Any such hearing shall be
requested and conducted as provided in subsection (d) of this section.
Failure of the owner and/or
custodian to request a hearing pursuant to subsection (a)(3) of this section
shall result in the declaration becoming final.
The possession or maintenance of a
"vicious dog or potentially dangerous dog," or the allowing of any
such dog to be in contravention of this division, is hereby declared to be a
public nuisance. The director is hereby authorized and empowered to impound
and/or abate any "vicious dog or potentially dangerous dog"
independently of any criminal prosecution or the results thereof by any means
reasonably necessary to ensure the health, safety and welfare of the public,
including, but not limited to, the destruction of the dog or by the imposition
upon the owner and/or custodian of specific reasonable restrictions and
conditions for the maintenance of the dog. The restrictions and conditions may
include but are not limited to:
Obtaining and maintaining
liability insurance in the amount of one hundred thousand dollars ($100,000.00)
against bodily injury or death or damage to property and furnishing a
certificate or proof of insurance by which the Director shall be notified at
least ten (10) days prior to cancellation or nonrenewal or, at the owner's or
custodian's option, the filing with the Director of proof of a bond in the
amount of one hundred thousand dollars (100,000.00), to be able to respond in
damages.
Requirements as to size, construction
and design of the dog's enclosure.
Location of the dog's residence.
Requirements as to type and method
of restraints and/or muzzling of the dog.
Photo identification or permanent
marking of the dog for purposes of identification.
Requirements as to the posting of
a warning notice or notices conspicuous to the public warning persons of the
presence of a vicious dog.
Payment of a fee or fees as
established by resolution of the Board of Supervisors to recover the costs of
enforcing the provisions of [this] article 6, division 1 of title 4 of this
Code as applied to the regulation of vicious dogs.
The Director may also order the
owner or custodian to post and keep posted upon the premises where such dog is
kept under restraint, a warning notice pending such impoundment and/or
abatement hearing and decision by the Director. The form, content and display
of such notice shall be specified by the Director. Any hearing under this
subsection shall be conducted in accordance with subsection (d) of this section.
Immediate Impoundment.
When, in the opinion of the
Director, immediate impoundment is necessary for the preservation of animal or
public health, safety or welfare, or if the dog has been impounded under other
provisions of this Code or State law, the pre-impoundment hearing shall not be
required; however, the owner or custodian shall be given written notice
allowing five (5) working days from receipt of such notice to request in
writing an abatement hearing. If requested, a hearing shall be held within five
(5) working days of receipt of the request by the Director and the dog shall
not be disposed of prior to the decision of the Director following such
hearing. A hearing under this subsection shall be conducted in accordance with
subsection (d) of this section except as otherwise indicated. If, after five
(5) working days following receipt of such notice, no written request for a
hearing is received from the owner or custodian, the dog in question shall be
disposed of under applicable provisions of law.
Change of Circumstances. In the
event of changed circumstances, the Director may amend or rescind any abatement
and/or impoundment imposed pursuant to subsection (a)(5) of this section. Any
such revision to the abatement and/or impoundment due to changed circumstances
shall be subject to the same notice, hearing and other procedural requirements
as required for imposing an initial abatement and/or impoundment set forth in
subsections (b), (c) and (d) of this section.
Change of Ownership, Custody
and/or Residence. Owners of a vicious dog or potentially dangerous dog who sell
or otherwise transfer the ownership, custody or residence of the dog shall at
least ten (10) days prior to the sale or transfer, inform the Director in
writing of the name, address and telephone number of the new owner, custodian
and/or residence and the name and description of the dog. The owner shall, in
addition, notify the new owner or custodian in writing of the details of the
dog's record, terms and conditions of maintenance and provide the Director with
a copy thereof containing an acknowledgment by the new owner or custodian of
his or her receipt of the original. The Director shall notify the new owner or
custodian in writing of any different or additional restrictions or conditions
imposed pursuant to subsection (a)(5) of this section as a result of the change
of ownership, custody or residence. The imposition of any such different or
additional restrictions or conditions shall be subject to the same notice,
hearing and other procedural requirements as required for imposing an initial
abatement and/or impoundment set forth in subsections (b), (c) and (d) of this
section.
It is unlawful to have
custody of, own or possess a vicious dog or potentially dangerous dog within
the meaning of section 4-1-23 unless it is restrained, confined or muzzled so
that it cannot bite, attack or cause injury to any person.
Declared Vicious Dog or
Potentially Dangerous Dog.
It shall be unlawful for the owner
and/or custodian of a dog declared vicious or potentially dangerous pursuant to
subsection (a) to fail to comply with any requirements or conditions imposed
pursuant to subsection (a)(5) of this section. If a vicious or potentially
dangerous dog escapes, the owner and/or custodian shall immediately notify the
Director and make every reasonable effort to recapture it.
The Director shall have the
discretion, in any event, to directly petition the court to seek a
determination whether or not the dog in question should be declared potentially
dangerous or vicious. The Director shall follow the procedures set forth in
Food and Agriculture Code Sections 31621 and following for this purpose.
(Ord. No. 2836, § 7, 5-6-75; Ord.
No. 2908, § 1, 5-4-76; Ord. No. 3693, § 3, 3-22-88; Ord. No. 98-15, § 33, 12-8-98)
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