Man fights city's vicious dog ordinance

NEW MEXICO -- A dog that allegedly chased a little boy, but never attacked, now stands a good chance of being put to death.

It is all because of how a city ordinance identifies vicious dogs.

The dog in the center of it all is Boomer, a 2-year-old pit bull mix. Carlsbad animal control officers deemed him vicious, so vicious he hass been confined inside two chain link fences at Noah's Ark Animal Shelter since June.

"It's hard to see him in that condition and not fly off the handle at people," said Boomer's owner Rickey Johnson. "I realize they can't touch him because he's a vicious dog, well potentially vicious dog."

According to the Carlsbad animal control ordinance, a vicious animal is any animal which at any time shall bite, injure, attack, chase or menace any person who was peacefully conducting themselves.

Boomer was deemed vicious after he allegedly chased a 4-year-old boy who was riding his scooter down a Carlsbad street.

Johnson says his dog was not leashed at the time.

"No physical contact was made. We don't know if the dog growled. We don't believe the dog did. We don't even believe the dog bore its teeth," said Johnson's attorney William Wiess.

According to the city, who is pushing for the dog's destruction, witnesses have a different story.

They claim the dog not only chased the boy, but was attempting to attack him and trying to get at his ankles.

Either way, because the dog chased the kid it was enough to seize Boomer under the ordinance and it might be enough to have him destroyed.

Johnson's court fight has delayed the dog's euthanization. He says he has other concerns too.

He says his dog hasn't gotten the proper care while at the animal shelter. In fact, Johnson says Boomer has lost nearly 15 pounds.

"It's collar hangs loose. You can see his ribs. You can see his hip bones. You can see his spine. His nails are so long he's standing on the nails not even on the pads of his feet hardly anymore," said Johnson.

Johnson says Boomer's absence has taken a major toll on him.

"We're fighting for Boomer's life," Johnson said. "We're fighting for the ordinance to be changed."

The city attorney says the dog's fate will have to be determined by a judge, but she defends the ordinance saying the community's safety is the city's first priority.

As for Boomer, he was released at a special hearing Monday because of his health issues. Trial is set for January.

(krqe.com - Nov 27, 2013)