“I was standing right here, and I was walking to the street because I was getting something out of my truck,” Blake Lewis recalled, “And I see this black thing, this group of three of them, because it’s all three of them came in there.”
Lewis is talking about his neighbors’ Rottweilers. He says they attacked him, unprovoked, on July 7.
“Took a bite out of my arm,” he said, “Then they took turns.”
A week later the wounds are still healing. The dogs are still right across the street; they haven’t moved.
“And right now I’m so nervous because that dog,” he said, as he spoke to KRQE News 13.
He says the dogs got out when his neighbor opened his gate to park his car.
The dogs, Lewis said, ran straight toward him and didn’t let off until the neighbor called the dogs back to his property.
The dogs bit his arm, both legs and stomach. Scratch marks on Lewis’ truck show how he tried to shelter himself with his car.
He called 911, and the fire department; police and animal control then came to the scene.
Bernalillo Police Chief Tom Romero says the owner of the dogs was cited for “animals running at large.”
But the dogs, which were up-to-date on shots, were not seized.
Officers, Chief Romero said, do not have the authority to take the dogs. Romero also said the owners later received a summons for vicious animals. The owners will now have to go before a judge.
Lewis says this isn’t good enough. He now feels unsafe and worries about the safety of his neighbors.
“There’s a school bus right there, and I’m down the street,” Lewis said. “We got summer school, people checking their mail and there are kids over here.”
Lewis fears a child could be killed next time around.
After the media began their investigation, the police / animal control finally got around to doing their jobs properly and went back and cited the owner for having vicious dogs.
I don't know if he lives in the city limits or the county, but this is what the county laws are:
Bernalillo County Animal Control Ordinances:
The animal care services officer may consent to confinement of the animal on the owner's premises. The premises where the home confinement is to occur shall be inspected and approved for such purpose by the animal care services officer.
DEFINITION OF VICIOUS ANIMAL
Vicious animal means an animal which kills or severely injures (so as to result in muscle tears or disfiguring lacerations, require multiple sutures, or extensive corrective or cosmetic surgery) a person or domesticated animal. Vicious animal does not include an animal which bites, attacks or injures a person or animal that is unlawfully upon its owner's premises. The provocation of an animal by a person is an affirmative defense to a charge of keeping or harboring a vicious animal.
Sec. 6-69. Vicious or dangerous animals
a) It is unlawful for any person to keep or harbor a vicious animal. When an animal care services officer has probable cause to believe that an animal is vicious, the officer may take up and impound the animal into protective custody awaiting appropriate court proceedings. Following judicial determination that an animal is vicious, the court having jurisdiction over the enforcement of this chapter, shall, in addition to any fine or imprisonment imposed for violation of this section, order the owner or keeper of such vicious animal to destroy it humanely or turn such animal over to the county
manager or for destruction.
b) It shall be unlawful to maintain a dangerous animal in a manner which constitutes a threat to any person or other animal.
c) Any dog that is deemed dangerous by admission of owner or by court determination shall register the dog with Animal Care Services by obtaining a Dangerous Dog Permit. The owner shall comply with all registration and handling requirements as listed in the New Mexico State Statute 77-1A-5.
(Ord. No. 99-4, 4-6-99)
State law references: Vicious Animals, NMSA 1978 §77-1-10)
This is the New Mexico state law regarding vicious dogs:
New Mexico Statutes - Section 77-1-10 — Vicious animals; rabid or unvaccinated dogs and cats; failure to destroy.
77-1-10. Vicious animals; rabid or unvaccinated dogs and cats; failure to destroy.
A. It is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person.
B. It is unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies.
C. It is unlawful to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies as prescribed by regulation of the health and environment department [department of health] for the protection of public health and safety.
(KRQE News 13 - Jul 14, 2015)
No comments:
Post a Comment