My child was bitten by our neighbor’s dog, but the animal control officer says we can’t have the dog put away. Can they do that?

Yes, they can!

If a dog assaults a person or another pet without provocation, the animal control officer can go to court and have the dog declared to be a dangerous or vicious dog. If the dog does not have a history of attacking people or attacking other domestic animals, then the court may only order the dog to be muzzled, restrained or confined.

The court cannot order the dog to be put away unless the dog has previously assaulted someone. This law is what is called the “two bite” rule. Essentially the law gives a dog a second chance but allows the dog to be confined or restrained on a leash even on the “first offense.”

If you are bitten by a dog, or if you witness a dog attack someone without provocation, you should make a written complaint to a local law enforcement or animal control officer within ten days of the incident.

If the dog poses an immediate threat to the public, the animal control officer can order the owner to restrain, muzzle or confine the animal pending a court hearing. If the owner refuses to do this, the animal control officer may obtain a court order to take the dog pending the court hearing on the complaint against the “dangerous dog.”

So, a guilty dog will not be put away on the first bite; but it may suffer the death penalty for a second offense!

It’s the law!