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I frequent a forum for owners of Australian Shepherds, and lovers of the breed.  It's a really great group of people, and I've learned a lot of helpful things from the board.  Tonight I found a plea that I can't help with, but I'm sending it out there with the hopes that someone might be able to help.

I don't know if anyone on my f-list can do anything, but this story is tearing at my heart.

Date: 2006-06-08 06:47 pm (UTC)
From: [identity profile] vespurtine.livejournal.com
I'm not saying that anyone in this situation has justice on their side or whatever. I'm saying that, if, down the road, the dog ended up biting someone, that someone would be able to extort a helluva lot of money from the city simply because a previous incident was reported. It doesn't mean that they deserve that money, or that the city failed in its judgement of the situation and deserves to get slammed with a hefty law suit -- it's just there's a very, very good chance that a lawsuit would occur. One of those 'a few bad apples' things.

So, from the city's point of view, they could either lable the dog 'dangerous', which to them simply means muzzle and leashing it, or they could dismiss it but risk thousands of dollars should another incident ever occur. It sucks, yes, but what can you do?

Date: 2006-06-08 06:51 pm (UTC)
From: [identity profile] w0rdinista.livejournal.com
So, from the city's point of view, they could either lable the dog 'dangerous', which to them simply means muzzle and leashing it,

Ohhhnonononono -- no, they're talking about having the dog put down.

For a hole in the shirt.

Incidentally, someone on the forum just pulled up the laws as regards the situation, and it looks like if the "authoritahs" follow the laws as they're on the books, the pup stands a good chance of being "let off."

However, given a human being's propensity for idiocy, generally speaking, I'm not gonna hold my breath.

Date: 2006-06-08 08:44 pm (UTC)
From: [identity profile] vespurtine.livejournal.com
According to the original post, the city doesn't want to put the dog down.

Spot has now been deemed a dangerous dog in the province of Ontario and is required to be leashed at all times and wear a muzzle. He can longer be a therapy dog, go to obedience, do any kind of trials or anything like that.

The problem is that they rent a house and can't keep the dog. What they're saying is that if they can't find him a home, they have to give him up to a shelter, and shelters supposedly don't keep dogs labelled dangerous.

No animal shelter will adopt out a dangerous dog, they would immedietly put him down.

And even if they followed all the laws to let the dog off, if it ever bit anyone later, do you really think that person would just go "Oh, okay, they followed all the guidelines, so I guess it's okay"? No, they wouldn't. They'd try to take the city for all the money they could. We're talking about a culture here full of people that successfully sue homeowners because they fell through the skylight while trying to rob the place, or plant severed fingers in fast food to try to extort money.

From the city's point of view, it's just not worth the risk. An entire municipality isn't going to risk thousands of dollars for one puppy.

It really, really does suck. It's sad. I would be so upset if that happened with Dante. But there's not that much than can be done.

Date: 2006-06-08 09:00 pm (UTC)
From: [identity profile] w0rdinista.livejournal.com
It's the mother of the girl who's pushing to have the dog put down. And, you know, I totally agree with you on this whole thing, because dangerous and aggressive dogs ARE a problem. And so are stupid people with stupid lawsuits. But there's one very important thing here:

The dog didn't do anything. There was no attack.

It didn't hurt anyone, it wasn't behaving aggressively, nothing. It jumped up and tore a girl's shirt. Okay, fine. Jumping up is bad, yes. Trying to break Darwin of it, because at 40'ish lbs, that's not particularly fun. But it doesn't make for an aggressive or dangerous dog. These people are, essentially, making a false claim, and no one's questioning them. THAT is where I get pissed off. I mean, we could go round and round for days: "IF the dog bites someone else..." But it didn't bite anyone THIS TIME, so it almost feels like a moot point to say, "But what if it happens again?"

Essentially, these neighbors are doing nothing but fucking over their neighbor. The guy's already said he'll move if necessary, depending on whether the by-law is province wide or just city-wide.

I'm not upset with the laws, I'm upset with the people -- primarily the neighbors, but the animal-control folks aren't winning any points either.

I'll paste the dog legislation pointed out by another forum member here:
http://www.doglegislationcouncilcanada.org/dolaON.html --

Considerations
(6) Except as provided by subsections ( 8 ) and ( 9 ), in exercising its powers to make an order under subsection (3), the court may take into consideration the following circumstances:
1. The dog’s past and present temperament and behaviour.
2. The seriousness of the injuries caused by the biting or attack.
3. Unusual contributing circumstances tending to justify the dog’s action.
4. The improbability that a similar attack will be repeated.
5. The dog’s physical potential for inflicting harm.
6. Precautions taken by the owner to preclude similar attacks in the future.
7. Any other circumstances that the court considers to be relevant. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (12).

That's what I mean when I say the human element is bothering me -- the laws are right there in black and white, and yet this guy is being told that none of it matters. There was no "attack" and there was no bite. How, then, is the dog dangerous?

Date: 2006-06-08 09:20 pm (UTC)
From: [identity profile] vespurtine.livejournal.com
Oh no, I agree with you 100% there. I was just trying to say that people shouldn't be slamming the city for this, that's all. I completely agree that the problem is the people who reported it in the first place. It was a pretty shitty thing to do, considering the girl wasn't hurt or in any real risk. Well, shitty, or a little bit batshit overreacting. Or both. Iunno.

They sound like pricks to me, but now that all's said and done, I doubt there's really much that can be done about it. Hopefully the family can find someone to take the puppy, but it might be tough :(

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