The city of Elk Grove has returned a pit bull to its owner despite the dog being involved in a rampage that ended with its capture and the shooting to death of a second dog, also owned by the same person.
City Attorney Susan Cochran declined a Citizen California Public Records Request last week for the name of the dog's owner - who was cited according to Elk Grove Police Public Information Officer (PIO) Christopher Trim.
In a post on the local forum, Elk Grove Online, Trim responded to a question from a poster about whether or not the second dog had been returned to the owner. He said the dog had been returned because it was deemed not to meet the criteria of a "vicious dog" under city code.
Trim's response is below.
The Citizen is working on a follow-up story on the pit bull situation; as well as stories on the Sacramento County Grand Jury probe into another incident in the city involving a pit bull, one that attacked and killed a couple's cat last year.
Meanwhile, in Lodi, citizens have also seen a recent vicious pit bull attack - this one beginning with the dog escaping a home, chasing and attacking a cat inside its owner's home, and ending with a 74-year-old man shooting and killing the dog after it attacked and bit him.
Story here "All I saw was a face full of teeth.
The city of Lodi, though, had a different approach to public safety - releasing the name of the owners of the dead dog - something the city of Elk Grove refuses to do despite a California Public Records request by the Citizen.
Follow-Up Story here Animal Control finds owner of pit bull...
This response was posted on Elk Grove Online, a local forum where Elk Grove Police PIO Christopher Trim posts information and answers to requests from other users. His screenname is "EGPD PIO"
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Good Afternoon,
Animal Control Officers returned the dog to the owner because under the current vicious animal code 8.04.260, the dog did not meet the criteria required to be considered a vicious animal. Here is a link to the Elk Grove municipal code regarding animals (49 page document)
http://www.elkgrovecity.org/documents/agendas/attachments/municipal-code/mc_title_08.pdf.
Here is the definition of a vicious animal according to the municipal code. I hope this helps to clear things up.
8.04.260 VICIOUS ANIMAL.
"Vicious animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:
(1) Without provocation inflicted severe injury on or killed a human being.
(2) In an unprovoked manner killed another domestic animal, as defined in section 8.04.140 of this Title, excluding rabbit or fowl, at a place other than upon the private property where the attacking animal is maintained.
(3) Physically attacked, mauled, or physically injured by biting any person, without provocation, at a place other than upon the private property where the animal is maintained.
(4) Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person.
(5) Physically attacked, mauled or physically injured by biting any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf, without provocation, at a place other than upon the private property where the attacking animal is maintained.
(6) Physically attacked, mauled or physically injured by biting any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf, without provocation, when the owner of the attacking animal knows or should know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul or physically injure any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf.
(7) Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 8.04.265.
For purposes of this section, provocation does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring by biting another person or animal. (SCC 1180 § 1, 2001; SCC 0892 § 10, 1992; SCC 0815 § 2, 1990.)
Officer Christopher Trim
Public Information Officer
Elk Grove Police Department
(916) 478-8008"
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Thursday, August 28, 2008
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