Southwest Florida laws differ on how to treat dog attacks
FLORIDA -- The attack struck out of nowhere.
Elena Bazanos and her 13-year-old Yorkie mix Ginger were taking their evening walk through her North Naples neighborhood in late April when it came.
Brazanos, 49, heard a neighbor yell her name. Then she saw his 70-plus-pound Belgian Malinois, charging her. The bigger dog grabbed Ginger by the neck and lifted her into the air, crushing the smaller dog’s midsection.
“I shouted, ‘He’s killing her, he’s killing her!’” she said. Brazanos and the neighbor separated the two dogs, but the damage was done.“When I picked her up she was limp, bleeding and limp.”
Ginger died from her injuries a short time later. Brazanos was still holding the leash.
Animal control was called, and Brazanos filed a complaint to have the Belgian Malinois declared dangerous. The owner protested, and the two were set to appear in court June 6. But the county attorney dropped the case, citing a change in the county statute that governs what dogs can be declared dangerous, she said.
On May 28, Collier County enacted ordinance 2013-33, which governs animal control matters ranging from rabies to inhumane treatment. Among the changes in the law was a redefinition of a “dangerous dog.”
Dangerous dog laws are meant to segregate animals that are violent to people or other domestic animals. The designation usually comes with a fine and special conditions, such as the dog must be contained in an enclosed yard at home and must wear a muzzle when out in public. In Collier and Lee counties, a dangerous dog must also be registered with the county and its name, address and a photo are published on a website, like a sex offender.
With the change in the law, a dog must now hurt or kill another dog twice or more before it can be labeled dangerous. The subtle change brings the local law more in line with state statutes, but means incidents, like the one that claimed Ginger, are strike one of two.
The new ordinance is meant to give owners some reprieve for incidents with an otherwise docile dog. It also allows for some wiggle room when dealing with situations that are rarely straightforward.
“It really kind of balances things out, it balances the rights of the owners and their dogs,” said Daniel Christenbury, public information specialist with county Domestic Animal Services.
[What are you talking about?! The dangerous dog ordinance lets these idiots keep their vicious dogs - it just puts restrictions on them to make sure they don't let it happen again. But you're saying it's not fair to the vicious dog owner to slap this designation on their dog after one 'incident'... what about the poor little dog which mauled to death? What about the pain and suffering felt by the little dog's owner? Where's her justice?
And I love that they refer to the horrific attack and death of the little dog as an 'incident'.]
Since the new law went into effect, Collier County has investigated one incident where a dog has attacked another dog. There are 16 registered dangerous dogs in the county, according to records the Domestic Animal Services’ website.
In Lee County, officials are weighing just the opposite. In August, the Board of County Commissioners will vote on whether to add a “vicious dog” definition to the county ordinances. The change will allow Domestic Animal Services to label an animal as “vicious” after one incident, instead of the current two.
“We don’t want to be the Gestapo, we just want to hold owners responsible for the vicious actions of their dogs,” said Donna Ward, director of the Lee County Department of Domestic Animal Services. “It’s because we have so many complaints from the public, they expect us to do something more than a slap on the wrist.”
As for Bazanos, after nearly a month of trauma therapy she’s stopped reliving the attack that took her companion of 9 years. The doctor actually recommended she get another pet, so this week she drove to Fort Lauderdale and picked up a puppy. Four-month-old Chloe isn’t allowed to go for walks. Instead Brazanos carries the tiny Shih Tzu around the neighborhood.
“I’m petrified,” she said. “I now have a fear I never had before. I never in my wildest dreams imagined something like that could happen, but you just don’t know.”
(News Press - Jun. 11, 2013)
