aggressive dog (North Port: condominium, lawyer, mobile home)

[ray loflin]

recently my wife accidently allowed one of our little chihuahuas to slip out the front door of the house. The little dog ran into the neighbors front yard where a very large mastiff was chained up. The mastiff tore the little dog in half with one bite. Is there no viscious or dangerous dog statute here ( north port) that requires aggressive dogs to be fenced and chained to protect other domestic animals and humans from attack? Most modern cities have an ordinance against chaining or cabeling dogs. certain breeds or not allowed in some cities. Just sayin.

[ghtix]

Sorry for your loss. I don't know what the dog ordinances are in North Port, but you did say that the large dog was chained up in the neighbor's yard. If this wound up in court I would venture to guess that a judge would determine that your wife's accident was responsible for your dog's ultimate fate. But I'm not a lawyer and again I don't know the dog ordinances. Good luck with any pursuit you may consider.

[mr&mrssunshine]

Ok so lets establish the facts.


did the mastiff really rip it in 2 and kill it , or just attack it ?


You are asking if there is a law on chaining dogs, then admit the dog was chained.


sadly, whatever the outcome, your dog was off the leash, ventured into a neighbors yard....something then occurred and your dog suffered some sort of injury.


We have a French mastiff and a softer more loving dog you couldn't meet, he often gets barked at, lunged at, etc etc by small rat dogs , yet if he dares to bark back, its "your dog is aggressive". I call BS. The only dog ever to have bitten me was..............a Chihuahua, they can be nasty and aggressive but because they weight 5 ounces they are 'cute'.


give me big dog every time

[Nancy in Nokomis]

I have mastiffs and they are never off leash - no dog should be off leash - sometimes large dogs think little dogs are prey -

Some of the big birds of prey around here will swoop down and take your little dog - so dont leave them alone in the yard either.

I am so sorry for your dog - and since it was an accident - I cant blame you for being upset -

[RThiede]

this story is fishy, but if another dog trespasses in my yard and my dog is leashed and the trespassing dog gets hurt, too bad

[Sunshine Rules]

Here's the ordinance as it pertains to leash laws:
No person shall cause, permit, or allow a Dog or cat to stray or in any manner to run At Large, unless the Dog or cat is leashed, in any of the following circumstances:
(1) Upon any public street, sidewalk, or other public property unless specifically allowed through other ordinance, resolution, or Board action;
(2) The property of another;
(3) Common areas of condominium, mobile home park, or other aggregate living where the property is held by an owners association or similar entity.


Here's the ordinance regarding vicious dogs:
The Animal Services Director shall make an initial determination that an Animal is a Vicious Animal based upon any of the criteria listed below:
(1) Any Animal which aggressively bites, attacks, endangers or has inflicted severe injury on a human being on public or private property;
(2) Any Animal which has more than once severely injured or killed a Domestic Animal while off the Owner's property;
(3) Any Animal which has been used primarily or in part for the purpose of fighting or is trained for fighting;
(4) Any Animal which, without adequate provocation, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority; and
(5) Any Dog defined and certified as a Dangerous Dog under Chapter 767, Florida Statutes.



I hate to see any animal attacked, but it appears the neighbor is not at fault, especially if the neighbor's dog does not have a history of attacks that lead to it being declared a vicious dog.

[AnotherTouchOfWhimsy]

I'm sorry about your dog. Unfortunately, many dogs are very protective of their property. My large dog is never off his leash or outside without a human (on leash), but he does bark and lunge toward other dogs (and cats and coyotes and birds and squirrels...) that come close to our yard. If he sees those same dogs in their yards, he avoids eye contact and keeps walking. And he wags his tail and wants to play with cats not in our yard. Your dog was the one off leash and the large dog was defending his property. I don't think you really have a case. Again, I'm so sorry that this ended in tragedy for your little pup.

[Angry-Koala]

I'm so sorry about your little chihuahua. The dog that attacked your dog is not considered vicious in the eyes of the law, but the truth is it is a vicious animal and should be put down. The "protecting its property" defense makes no sense because your tiny dog could not possibly have been a danger and dogs are smart enough to figure things like that out. Your dog just had the bad luck to run into the wrong dog.

[Inspector1489]

Originally Posted by RThiede

this story is fishy, but if another dog trespasses in my yard and my dog is leashed and the trespassing dog gets hurt, too bad

I don't know how fishy the story may be, but I'm with RThiede on this. Sunshine Rules shared the law - but law goes out the window for me unless the mastiff has an aggressive history. Even then, as the owner you are responsible for controlling your dog.

[cats234]

Originally Posted by Angry-Koala

I'm so sorry about your little chihuahua. The dog that attacked your dog is not considered vicious in the eyes of the law, but the truth is it is a vicious animal and should be put down. The "protecting its property" defense makes no sense because your tiny dog could not possibly have been a danger and dogs are smart enough to figure things like that out. Your dog just had the bad luck to run into the wrong dog.

nah