dangerous breeds of dog

[squirrlygirl]

What's considered a vicious dog? DH is on the board of our homeowner's association, and they received a complaint about a dog. If the board doesn't follow through on the complaint these neighbors have suggested that they will sue the board. The owner of the dog has suggested that they will sue the association if it tries to enforce the bylaws.

The bylaws state that no dangerous breed of dog, or any breed generally considered to be dangerous, can be kept on the premises. This dog is a pitbull mix, and he busted through the front door and charged the neighbor as she was walking by. He nipped at her but did not actually bite her. This has happened several times to several different people, but only once did someone call animal control. The owners were cited by animal control for failing to control their dog and failing to license it.

I'm not asking for legal advice...the board is already getting that. I'm just wondering what others think of the situation. Should the dog owners be forced to get rid of the dog, or should they be allowed to train it and put in an invisible fence? If you were the complaining neighbor, would you be okay with them keeping it if they train and fence it?

 

[The Mystery Machine]

As a former HOA trustee that kind of wording might not fly in court. You have to be specific in your by-laws. That is not written legally to hold up.

You must state the breeds that are not allowed. My guess is that the HOA will lose.

You can try and fight the dog owner but the chances of losing are high.

This is a police matter to be honest.

 

[eduk8r26]

As far as I'm concerned, all pitbulls are potentially dangerous--trained or not. I've read too many stories of pits that have attacked babies and children, as well as adults. Rottweilers are another breed that could be dangerous.

 

[OctMtnWoods]

I'll bet their insurance company would consider that on the "dangerous" breed list, although I don't know if there is officially a written list. You have to wonder if their insurance company even knows about the dog however.

 

[freckles and boo]

An invisible fence might keep the dog in but it won't keep a child or another animal out. Most people also won't know the dog will be stopped at the border and an older person could fall down trying to get away. I hate the very idea of invisible fences. Any dog, if mistreated or poorly trained, could be dangerous but there are breeds that are on record with more attacks and bites than others. That is where I would probably look first.

 

[Wonders10]

I just want to begin this by stating that I LOVE animals and I am the type of person who cries and changes the channel when those ASPCA commercials come on with Sarah Maclachlen songs...

Anyway, my apartment complex has a "ban" on certain breeds as I believe a lot of developments. Just some of the breeds that are not allowed to live here, as an example, are pit bulls and pit bull mixes, german shepherds, chows, presa canario, akitas. Just some I can think of off the top of my head.

My thought would be that if someone here had a "banned" breed of dog, and the manager found out, they would probably be asked to move, get rid of the dog or some sort of similar consequence because technically they broke a rule that they are aware at time of move in. When I moved in, they discussed the pet policy and I didn't even have a dog at the time. Plus it is written into your contract regardless of you having a pet or not.

What many would want to happen (the owner's keep the dog and find a better way of keeping it in the yard and keeping everyone safe) may not be so simple if the owners were made aware of the "banned breed" rule. Unfortunately from what I have seen going on in my neck of the woods it sounds like the owners of the dog are out of luck. Pit bulls are ALWAYS on the "dangerous" dog breed mix. And the fact that it has escaped and almost attacked people/dogs does not bode well in their favor.

 

[Wonders10]

As a former HOA trustee that kind of wording might not fly in court. You have to be specific in your by-laws. That is not written legally to hold up.

You must state the breeds that are not allowed. My guess is that the HOA will lose.

You can try and fight the dog owner but the chances of losing are high.

This is a police matter to be honest.

Yes, I was just assuming that it listed the dog breeds, as my contract says, but you are right. Legally it would be hard to work through. Although there are MANY cases of this breed of dog attacking ,and the fact that it has escaped multiple times still hurts the dog owner.

Just read the OP thread again. What bugs me is that more people have not called animal control. I know, from experiences - trust me! - that it is hard to possibly have that target on your back for being the one who "called the cops", but then a few months down the road, the dog gets out again and ends up attacking a baby in a stroller and killing a dog. Not trying to be dramatic - it has happened. The fact that they don't have a license for their dog bothers me too...irresponsible dog ownership IMHO.

 

[Pin Wizard]

Dangerous breeds seems to be a broad range. I would think it's interpretive also. What's dangerous to you may not be dangerous to me. They need to list specific breeds.

I had a battle with my HOA just after I moved in. Turned out a large dog had taken off out the door after a UPS person in the past. New rule was no pets over 25 pounds. I had to get an exception from them for my dog.

 

[The Mystery Machine]

Yes, I was just assuming that it listed the dog breeds, as my contract says, but you are right. Legally it would be hard to work through. Although there are MANY cases of this breed of dog attacking ,and the fact that it has escaped multiple times still hurts the dog owner.

Just read the OP thread again. What bugs me is that more people have not called animal control. I know, from experiences - trust me! - that it is hard to possibly have that target on your back for being the one who "called the cops", but then a few months down the road, the dog gets out again and ends up attacking a baby in a stroller and killing a dog. Not trying to be dramatic - it has happened. The fact that they don't have a license for their dog bothers me too...irresponsible dog ownership IMHO.

Right. The way to handle this situation is through the police, period. You will need a long list of times the dog has been a danger to back your HOA by-laws up. Also the HOA has got to show they are in contact and working with the owners or attempting to resolve it.

People need to call the police/animal control everytime the dog is loose. Our animal control officers here are police officers.

 

[squirrlygirl]

I've looked up the exact wording..."No savage or dangerous animal or breed considered to be savage or dangerous...." It also says "no animal may be permitted to run loose at any time upon the Common Elements and any animal shall at all times be leashed and attended by some responsible person.."

This family won't get rid of the dog because animal control has said they'll destroy him if he's turned over to them.

Loose dogs raise emotions around here. About two years ago two people were killed in the area by some bulldogs that got loose.

 

[Boston Tea Party]

Our city defines what a dangerous dog is. If your city does the same, wouldn't it supercede whatever the HOA does?

For the record, a pit bull got into our backyard and broke a window trying to get at our dog who was inside the house. It was the second time it had been in our yard and you'd better believe that we called the police, that time and the first time, too. I feel that it is important to document every incident with this dog.

 

[kirbsam]

this has happened several times and nothing was done about it? someone blew it a long time ago already.

 

[Wonders10]

I've looked up the exact wording..."No savage or dangerous animal or breed considered to be savage or dangerous...." It also says "no animal may be permitted to run loose at any time upon the Common Elements and any animal shall at all times be leashed and attended by some responsible person.."

This family won't get rid of the dog because animal control has said they'll destroy him if he's turned over to them.

Loose dogs raise emotions around here. About two years ago two people were killed in the area by some bulldogs that got loose.

Our city defines what a dangerous dog is. If your city does the same, wouldn't it supercede whatever the HOA does?

For the record, a pit bull got into our backyard and broke a window trying to get at our dog who was inside the house. It was the second time it had been in our yard and you'd better believe that we called the police, that time and the first time, too. I feel that it is important to document every incident with this dog.

I agree with you Boston Tea Party...I would think the city would definitely be able to overule the HOA. If the residents in your neighbord, OP, don't like the dog around and the owners are allowed to keep the dog, then they should call the police every single time they see that dog outside without a leash. I mean every time. My mom has a similar situation in her neighborhood, also a pit bull and since she works for the police she asked around. Animal control told her to just call every time they see it loose.

As a side note, this is not only about Pit Bulls (not that anyone said it was)...another dog, a cocker spaniel in fact, in my mom's neighborhood has attacked 2 dogs on more than one occasion - a golden retriever and a boxer. The dog actually broke through the front window of the golden's house twice, trying to get at the dog. And you know what? The police were only called once.

 

[Pomlover2586]

Reality is ANY breed of dog has the potential to be dangerous. All a HOA can do is enforce that a proper fence is installed to contain the animal. If taken to court those by-laws will not be sufficient.

Animal Control is the only one who could enforce anything major with regards to a vicious animal.

 

[squirrlygirl]

We live in the boonies; the township only says you cannot have more than 6 dogs. I am unaware of any county ordinance. The state law states:

"Dangerous animal" means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner.

I agree that calling animal control every time would be the best route. The association still needs to address this, though, in the meantime, because it also falls under the keeping the dog controlled part.

And personally I'd like this resolved sooner rather than later. These people live by the bus stop; I previously had planned to allow my kids to walk to/from the bus stop by themselves this year. Until this is solved, however it plays out, I don't think that's going to happen. I had no idea this dog had ever done anything.

 

[mrsklamc]

What the HOA should be worried about being sued for is not enforcing the breed part, but failing to enforce the 'all dogs must be leashed' part. Doesn't matter that the dog is 'getting away.' The dog owner has no grounds on which to sue- they can't control their dog.

 

[CathrynRose]

Who are these dog's busting through windows and doors? My goodness!

I've never seen Charley ever worked up (at all, in fact) about what's going on outside. Wait... I take that back, he was ticked when I went out before him once to chase the bunny out of the yard. Made a yelping "What are you doing?!?!?!" sort of bark to me.

I agree with previous posters. No dog, pit bull or not, should be getting loose like this. Not cool.

 

[JerseyMamaBear]

I just want to begin this by stating that I LOVE animals and I am the type of person who cries and changes the channel when those ASPCA commercials come on with Sarah Maclachlen songs...

Me too!

But to me any dog could be considered dangerous. It all depends on the circumstances. A co worker of mine has the nicest pit mix you have every seen. Now my 2 chihuahuas are great around us but nervous around others so I limit their contact. Since this dog has a history of running after others then he may be considered a danger. The downer is you HOA bylaws does not list the breeds. His dog may be grandfathered in to any change that is proposed. One way to fix the situation is call the police or animal control anytime there is a problem. After a certain number of times they have to get involved and could remove the dog.

 

[jrmasm]

The bylaws state that no dangerous breed of dog, or any breed generally considered to be dangerous, can be kept on the premises.

A mix is not a breed.

 

[Aisling]

I've been taking my dog to the dog park at least 5 days a week for the last 6 months where I'm in frequent contact with so many breeds of dogs, and I have to say I no longer believe there "dangerous breeds". I live in a big city where there are often 50-plus dogs there at one time, from pits to St Bernards to whatever, and I'm convinced it's all the owners doing, for good or bad, no matter what the breed is.