Provocation In Broward's New Dangerous Dog Law

Is It A Defense When A Dog Attacks Another Dog?

To everyone's surprise, an amendment submitted by Lois Wexler adding the category of "aggressive" dog was passed together with the original bill.  The Wexler amendment can be read here, and the draft of the original proposed ordinance is here.

The original proposed ordinance defined a dangerous dog in § 4-2 (k)(2) as one that:  "has more than once severely  injured or killed a domestic animal while off the owner's property."  Provocation as a defense in only mentioned in § 4-2 (k)(4) with respect to an attack on a human. Later in the ordinance, in § 4-12 (h)(2) it says "If a dog that has previously been classified as dangerous attacks or bites a person or domestic animal without provocation, the Division shall immediately confiscate the dog...."

The Wexler amendment adds the definition of an "aggressive dog."  "Aggressive dog means any dog that...has killed a domestic animal while unprovoked and off the owner's property."  This amendment was designed to blunt the argument that a dog gets one free kill before it is classified as dangerous. The Wexler amendment would define a dog as aggressive after one kill, and require the owner to provide the Division with photos of the dog, spay/neuter the the dog, not allow the dog to be brought to the dog park or a commercial establishment, keep the dog secure and muzzle the dog in public.

Obviously there is a conflict in the original draft definition of dangerous dog, which does not include provocation on the first bite, and the Wexler amendment which does (and thereafter defines the dog as aggressive). It will be interesting to see if that problem is addressed before the bill is published.

Broward County Commissioners Vote Unanimously To Change Dangerous Dog Law

Intermediate "Aggressive" Dog Label Added

The Broward County Commission voted unanimously today to change its Dangerous Dog law.  The Commission chambers were packed, and because of the number of people, comment time was reduced from three minutes to two.

To be declared "dangerous" and subject to a euthanasia penalty, an animal will have to have killed an animal off its property twice.  After the first offense, the dog will be declared "aggressive" and subject to muzzling, licensing, bad dog sign posting and an annual fee.  I will be able to report more on this once I see the actual law itself. The issue of provocation is somewhat confusing, because in the original proposal, provocation appears to be a defense only for a bite on a person.  Then, in the section regarding a "second" bite, provocation is listed as a defense for an animal on animal attack.  I will have to see what was actually passed to see how or if that issue was resolved.

In any case, the new law is a a good step forward.  The only remaining question is how or if a decision by the 4th DCA in Hoesch will affect the new law.  Is the new intermediate label stricter than the state law?  Perhaps not, since all it does it put the label "aggressive" on the first bite, with the penalties remaining consistent with state law.