TEXAS --Imagine going for a daily walk past a yard and the dog inside the fence is barking, growling and trying to escape the fence, presumably to bite.
“Even though nothing happened, you can file what is called a dangerous dog affadavit with the city — animal services,” said Lubbock Animal Services Supervisor Shawn Byrd.
People in these situations are welcome and encouraged to call animal services to investigate the situation, however, some might choose the more formal approach by filing the dangerous dog affadavit with the city. Lubbock has convened 11 dangerous dog hearings this year with anywhere from two to five a month on average, according to city statistics.
If the dog hasn’t attacked another animal or a person it may not be declared dangerous just because an affadavit was filed. The dog could be viewed as trying to protect its property, Byrd said.
“Our definition of dangerous and your definition of dangerous can be two different things,” Byrd said. “There are truly dangerous dogs and then there are dogs that are just doing their job.”
After the appropriate paperwork is gathered, a hearing will be held and both sides can present evidence and testimony. Lubbock Animal Services will investigate the complaint and any complaint history on the dog, Byrd said.
During the investigation, the animal control field officers will try and look at both sides of the situation to determine whether the bite was provoked or unprovoked, Byrd said.
If a dog is impounded as the result of an incident, the owner will be charged a $50 impoundment fee and a $7 per day boarding fee. Collected fees are placed in a revenue account in the general fund, according to the city.
Animal Services will have a representative, usually a supervisor, to present their agency’s findings. This supervisor or the supervisor’s designee will preside over the hearing, Byrd said.
Usually an agreement is worked out between the two parties, much like a settlement in a small claims hearing.
“If an agreement can be reached among the two parties that everybody agrees upon, then we say ‘OK, we’re gonna consider this closed,’” Byrd said.
If the agreement is violated, another hearing can be convened at a later date, Byrd said. If an agreement can’t be reached, the animal services representative will consider all the evidence and make a determination.
“If the dog is deemed dangerous, we have several options,” Byrd said.
The dog can be banned from the city, euthanized or the owner can buy an insurance policy on the dog. Along with the purchase of this $250,000 insurance policy, the owner will be required to keep the dog in a pen that meets certain specifications, Byrd said.
The dog would have to be registered yearly as a dangerous dog with the city and wear a fluorescent orange collar, Byrd said. No dogs are registered as dangerous with the city.
“There’s no if’s, and’s or but’s,” Byrd said. “If the dog’s deemed dangerous we decide you have to do this, you don’t have a choice.”
The owner will have 30 days to comply with city’s stipulations or the city will confiscate the dog, Byrd said. Once the dog is confiscated, animal services will take appropriate action.
“Most times, if we declare a dog dangerous, the owner doesn’t like it,” Byrd said.
Owners can file an appeal with the Permit and License Appeal Board, Byrd said. The decision made by the board is final.
Animal services and the involved parties will be allowed to offer testimony and evidence to the board.
“Basically, the whole thing repeats itself,” Byrd said.
Last year, 517 dog bites were recorded and this year 200 bites have been reported, according to statistics issued by the city. Byrd said it's common for bites to increase in summer because of the longer days and people spending more time outside.
To avoid a bite, Byrd suggests people not play on a dog’s prehistoric DNA by running from it. He said it's better to stand your ground or back up slowly, but definitely avoid eye contact with the dog.
If a dog chases a bicyclist, he suggests stopping and trying to aim the bike’s front tire toward the dog. Byrd also suggests using a backpack or a bag as a shield if the dog does lunge to bite.
“Don’t run — that’s the worse thing you can do,” Byrd said.
(LubbockOnline.com - Jul 1, 2013)
