Pittbulls - It finally happened to me

[mailes]

After a long morning's landscaping and finally fixing the drive on the lawn mower
I sat down for a late lunch and enjoyed a few games of Klondike Solitaire on PCH games.

My 9 month old dog lay by my feet under the table exhausted from chasing
the hundredth thrown ball and finally getting last nights dinner left overs

Out of nowhere, 2 of the 3 tied up pitbulls in the neighbor's yard came
barreling into my living room! Barking, growling and then snarling they grabbed ahold of my puppy. 1 from the front and 1 from the back. They thrashed her and she got loose from the one that had her by the face.

She ran around the room and I chased them, screaming and crying and throwing whatever I could find. The knocked everything over that could be. I grabbed the one that had ahold of her thigh and pulled the grey pittbull and my dog was being dragged by my pulling! My house is trashed and my dog & I are cut up and bruised.

I called the police, I called the humane society.

The humane society said when he got there (hours later) the dog was tied up (sure, the guy got home and tied them up) so, since he didn't see it, there was nothing he could do. He didn't even stop at my house. I called them back, he said he'd go issue them a $25 ticket, "if I really wanted him to"?!

The police never came, they said it was up to the humane society.

I'm going to get a copy of the 911 tape. I'm going to post it along with the pictures of the mess and I'll post the link here.

I'll be ready next time this happens, I hope. Thx for letting me share. I haven't gotten to talk to anyone about it yet.

[JerryCarr]

How is your puppy doing? Were you injured yourself? If you or your pup were hurt, there is grounds for legal action. As far as the Humane Society guy saying about the ticket "If you really want me to," you should call back and say "Hell, yes!" The situation with bad dogs around here just never gets better. Sometimes the police have to be repeatedly reminded that they do have responsibilities in these matters. Some cops whom I've talked to take out of control dogs seriously, and others don't.

[Guest]

Get a gun and next time they attack you or your property, shoot them. The police will come then. You have a right to defend yourself from vicious attack.

“Setting a good example is a far better way to spread ideals than through force of arms.”
-Ron Paul

[big_island_bound]

Good Lord!! What would have happened if you had little children running around the house? I think there would be a couple dead carcasses I would be dragging to my neighbors driveway.

[lquade]

similar story, same outcome. i was attacked by 2 pits that constantly roam the neighborhood. called police they told me to call humane society, called humane society, they told me to call police. was advised by humane society "to think it through clearly before i started a fight with a neighbor, it might lead to something i wouldnt like." i dont remember the exact words but it was a threat. police never responded. i even tried the "I am a senior citizen..." (i am) one dog i eventually was able to take care of, the other still roams the streets....

[jlgerk]

I don't care what the law says. An attacking dog is a lethal weapon, and deserves a response in kind.

http://www.icompositions.com/artists/jlgerk

[Bullwinkle]

nine iron

[mailes]

The police never came. I called and she said an officer would call me. I can't describe the aloofness; and they seemed genuinely irritated. I think they go through this all the time; where us citizens are like little children who don't know the law or something. He said it's up to the humane society; that there was no intent on the neighbor's part. He said "anywhooo", "you have every right to protect yourself, know what I mean". The Humane Society is a non-profit, volunteer group. They're aren't a government agency. I have the right to have police protection.

I'm pretty sure I come off to my family, friends and online buddys as "boy, if I were in that situation....I would..."

I can tell you what really happens now. The whole event must have taken place in a couple of minutes. I wasn't able to think. I remember not being able to find the door. If I stand in the middle of the room, there's two doors 13 feet away and I couldn't find the door.

[Chuysmom]

This is an awful thing that happened to you and your puppy. Is the puppy okay? I hope you are able to resolve this somehow.

Carrie

http://www.sapphiresoap.etsy.com
http://www.septemberspirals.etsy.com

"Even the smallest person can change the course of the future..." Galadriel LOTR

[terracore]

Many moons ago I worked as a humane officer, and here is my insight:

I reviewed the county animal control ordinances, and they are pretty weak as far as offering protections to the public. The $25 ticket the humane officer was begrudgingly offering to cite the owner for falls under "permitting a dog to stray", however the section he should be focusing on is the regulation of dangerous dogs (appears below). The problem is that the ordinance states " A dog owner commits the offense of negligent failure to control a dangerous dog, if the person
negligently fails to take reasonable measures to prevent the dog from attacking, without provocation...". In other words, the owner tied the animal up which is probably considered a "reasonable measure" THE FIRST TIME. Once the animal escapes being tied up, it is no longer a reasonable measure for that animal. Therefore, this incident needs to be documented (by way of citation and written warning) so that the owner can get the more expensive $200-$2000/imprisonment ticket for subsequent violations.

At the very minimum, the humane officer needs to cite the dog's owner for "Permitting a dog to stray" and during that process, give a written warning for the dangerous dog violation so it is on record for future incidents, and verbally warn the owner that subsequent to this incident, whatever method he was attempting to use to confine the animals is considered inadequate. Written warnings are generally processed just like first-time citations for violations except that the word "WARNING" is written in the section where the dollar amount of the violation goes. They are usually entered into the system exactly like a regular "ticket" except that because there is no dollar value, the violator has no right to dispute the violation and it becomes part of the permanent record.

The police will not respond to "routine" animal control violations because the ordinance specifically transfers this responsibility to the humane society by county contract. If the humane officer is not doing his job, the proper avenue is to complain up the chain of command and copy the police chief. Although the humane society has the contract for animal control, it is still the police department's ultimate responsibility (i.e. legal liability) to protect the public.

Mind you, none of this precludes you from filing a civil case against the owner.

I encourage you to follow up on this and don't give up just because it becomes difficult. Make calls. Make noise. Be a thorn in their side until this gets handled in a professional manner. I have no doubt that had you not been there, your dog would have been killed. In the jurisdiction I worked, after an incident like this, the animals would have been immediately impounded, deemed "dangerous" and been required to be confined in a manner commensurate with zoo animals, should the owner opt to maintain the liability of ownership of dangerous animals.

I need to add, that if the humane officer said he would give the $25 ticket "if you really wanted him to" he or she is already showing an incredible lack of professionalism. It is their duty to issue a citation EVEN IF YOU DON'T WANT THEM TO. Their duty in this case is to protect the public, not issue tickets just to "make somebody happy". If they are too afraid to go issue the ticket, they need to either change their pampers, get into another line of work, or have a county police officer accompany them to issue the citation.

All of these dollar amounts etc are assuming this is a first-time violation. Considering the "professionalism" of the humane officer, we probably have to assume this person has never been cited even if it isn't really a first-time violation.

Section 4-31. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties. ($200-$2000)
(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the person
negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a
person or animal and such attack results in:
(1) The maiming or causing of serious injury to or the destruction of an animal; or
(2) Bodily injury to a person.
A person convicted under this subsection shall be guilty of a petty misdemeanor and sentenced in
accordance with subsections ©, (d), and (e).
(b) For the purposes of this section, “reasonable measures to prevent the dog from attacking” shall include
but not be limited to:
(1) Measures required to be taken under sections 4-14, 4-15, 4-18, 4-20, 4-23, 4-30 and 4-32 of this
chapter to prevent the dog from becoming a stray; and
(2) Any conditions imposed by the court for the training of the dog or owner or for the supervision,
confinement or restraint of the dog for a previous conviction under this section.
© A dog owner convicted under subsection (a) shall be sentenced to one or more of the following:
(1) A fine of not less than $200 nor more than $2,000;
(2) A period of imprisonment of up to thirty days, or in lieu of imprisonment, a period of probation of
not more than six months in accordance with the procedures, terms and conditions provided in
chapter 706, part II, Hawai‘i Revised Statutes;
(3) Restitution to any individual who has suffered bodily injury or property damage as a result of an
attack by the dog.
(d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to
the following mandatory provisions, in addition to the provisions of subsection ©:
(1) The owner shall provide the owner’s name, address and telephone number to the county animal
control service;
(2) The owner shall provide the location at which the dog is currently kept, if such location is not the
owner’s address;
(3) The owner shall promptly notify the appropriate animal control service of:
(A) Any changes in the ownership of the dog or the location of the dog along with the names,
addresses and telephone numbers of new owners or the new address at which the dog is
located;
(B) Any further instances of an attack by the dog upon a person or an animal;
© Any claims made or lawsuits brought as a result of further instances of an attack by the dog;
or
(D) The death of the dog.
(4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawai‘i Revised Statutes, if
the dog is not currently licensed; and
(5) Unless already identified by microchip, the dog shall be permanently identified, at the owner’s
expense, by injecting into the dog an identification microchip using standard veterinary procedures
and practices. The microchip identification number of the dog shall be provided to the county
animal control service.
(e) In addition to the provisions of subsections © and (d), the dog owner may also be sentenced to any of the
following terms or conditions:
(1) When indoors, the dog be under the control of a person eighteen years of age or older;
(2) When outdoors and unattended, the dog be kept within a locked fenced or walled area from which it
cannot escape;
(3) When outdoors and unattended, the dog be confined to an escape-proof kennel;
§ 4-31 HAWAI‘I COUNTY CODE
4-10
(4) When outdoors, the dog be attended and kept within a fenced or walled area from which it cannot
escape;
(5) When outdoors, the dog be attended and kept on a leash no longer than six feet in length and under
the control of a person eighteen years of age or older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that prevents the dog from biting
any person or animal but does not cause injury to the dog or interfere with its vision or respiration;
(7) A sign or signs be placed in a location or locations directed by the court advising the public of the
presence and dangerousness of the dog;
(8) The owner and dog, at the owner’s expense, attend training sessions conducted by an animal
behaviorist, a licensed veterinarian or other recognized expert in the field;
(9) The dog be neutered or spayed at the owner’s expense, unless the neutering or spaying of the dog is
medically contraindicated;
(10) The owner procure liability insurance or post bond of not less than $50,000, or for a higher amount
if the court finds a higher amount appropriate to cover the medical and/or veterinary costs resulting
from potential future actions of the dog;
(11) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control the dog. For the purposes of
this subsection, an escape-proof kennel means a kennel which allows the dog to stand normally and
without restriction, which is at least two and one-half times the length of the dog, and which
protects the dog from the elements. Fencing or wall materials required under this section shall not
have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps
therein shall not be more than two inches. Any gates within such kennel or structure shall be
lockable and of such design as to prevent the entry of children or the escape of the dog, and when
the dog is confined to such kennel or area and unattended, such locks shall be kept locked. The
kennel may be required to have double exterior walls to prevent the insertion of fingers, hands or
other objects.
(f) Upon probable cause, an enforcement officer may either arrest or issue a summons and citation to the
owner for violation of subsection (a).
(1980, Ord. No. 579, sec. 13; Am. 1987, Ord. No. 87-122, sec. 2; Am. 2002, Ord. No. 02-138, sec. 3.)4-31

Section 4-30. Penalty for permitting a dog to stray. ($25-$500)
In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public
lands or the private lands of another shall be fined as follows:
(a) For a first offense, or any offense not preceded within a five-year period by a conviction under this
section:
(1) $25.
(b) For any offense which occurs within a five-year period of a prior conviction under this section:
(1) $50.
© For any offense which occurs within five years of two prior convictions under this section:
(1) $75.
(d) For any offense which occurs within five years of three or more prior convictions under this section:
(1) Any one or more of the following:
(A) A fine of up to $500.
(B) Up to one hundred hours of community service.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 12; Am. 1995, Ord. No. 95-32, sec. 3.)4-30