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Dangerous dog ordinance wins okay in Pinellas

Dogs that are deemed a danger to the community can be destroyed under the new ordinance, but not before owners have a chance to appeal.

By JOE NEWMAN

© St. Petersburg Times, published February 17, 1999


Pinellas County commissioners have passed one of the state's toughest dangerous-dog laws, which calls for animals to be destroyed if the county deems them a danger to the community.

The new ordinance, adopted Tuesday night, will likely affect about 20 dogs annually -- those involved in vicious attacks or those with a history of biting or chasing people and whose owners have been previously warned.

The dogs that the county declares dangerous are responsible for only a tiny percentage of the more than 1,600 dog bites reported in Pinellas County each year. County officials estimate five times as many dog bites go unreported.

"We're just not blatantly" declaring dogs dangerous, said Dr. Kenny Mitchell, the county's director of animal services.

Commissioner Calvin Harris said the new ordinance improves the county's animal regulations because it ensures there won't be any repeat offenders.

County officials determine whether dogs are dangerous after they get complaints or after the animal is involved in an attack. The complaints can include a history of chasing neighbors or killing someone's pet.

The owners are usually given a warning. Another offense can get the dog declared dangerous. However, if an attack causes serious injury, county officials can immediately order the animal destroyed.

Under the new ordinance, owners of dogs declared dangerous would have 10 days to appeal the decision to a hearing officer.

If the hearing officer, a retired county judge, agrees the dog is dangerous, the owner could then appeal to county court.

County officials said they had no choice but to adopt the strict ordinance because they could find no option that would allow people to keep dangerous dogs and still protect potential victims.

Commissioners tried to require owners of dangerous dogs to obtain $50,000 in liability insurance, but that option was unrealistic because few, if any, companies insure dogs that have attacked people.

Forty-six dogs are now registered as dangerous in Pinellas County. The owners of those dogs could continue to keep their pets under the new ordinance.

However, they will have to continue to meet the old animal control requirements, which include registering their animals, sterilizing them, posting warning signs and keeping them on a leash and muzzled whenever the dogs leave home.

If their dogs are involved in any more attacks, the county will order them destroyed under the new ordinance.

Janet Keller, a Dunedin dog owner, said she was glad the commissioners removed the insurance requirement. Her dog, Crystal, was declared dangerous in 1997 after it bit a neighbor.

"The commission has made an honest effort on this," she said.

But even if the county orders a dog destroyed, the penalty can be delayed for years if the owners decide to appeal. A case involving a 140-pound Great Dane named Beethoven has dragged on since 1995.

The dog's owner, a Palm Harbor woman, has said she has racked up about $80,000 in legal bills.

Beethoven was ordered destroyed after he attacked and severely injured a 4-year-old girl in his owner's garage. The case went to the 2nd District Court of Appeal and was sent back to the county court. The county is awaiting a judge's ruling on whether Beethoven will get another trial.

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