Marion County Passes New Dangerous Dog Law

Mission Accomplished!
Marion County Passes "Ulu's Law"

Marion County Passes New Dangerous Dog Law

On July 5, Marion County Commissioner's passed a new dangerous dog law, a copy of which can be read in its entirely here.  The new provisions regarding the Dangerous Dog section of the ordinance, addressed almost all the issues that we were litigating in Ulu's case from the very beginning, over a year ago.  I will always think of the new Marion County Ordinance as "Ulu's Law."  The end result is that Marion County is now a much better place for dogs and their owners to live.

The litigation started with getting Ulu home via a Writ of Replevin, and sucessful Motions for Summary Judgment on the dangerous dog definition and the notice issue.  As a result of the case, the county attorney, in writing the new law, changed in a fundamental way the manner in which dangerous dog cases are handlend.  The significant changes are:

1. Dogs not a public health risk will now be allowed to stay home pending resolution of the dangerous dog investigation and appeal, provided the owner can show the animal can be safely secured;
2. Visitation of dogs will be allowed three times a week for 15 minutes pending resolution of the dangerous dog investigation and appeal-this is not as important as it once was, when the county took all dogs into custody regardless of what they were charged with-most dogs will now be at home anyway;
3. The "pack liability" clause was eliminated (if one dog in a group killed a cat, all the dogs could be charged with one dog's crime);
4. The definition of dangerous dog is now consistent with state law-requiring a dog to kill another domestic animal twice before being declared dangerous;
5. The hearing process has been given some clear boundaries-allowing cross examination and limiting the use of hearsay;
6. Formal notice will be required to owners regarding the dangerous dog hearing;
7. The Dangerous Dog Board will now contain five members, one to be appointed by each commissioner, to include people with dog experience - this part of the law is not contained in the current ordinance, and the county attorney was given 60 days to provide the commissioner with guidelines for appointment;
8. The Dangerous Dog Board will be truly advisory-and the owner will be allowed to submit their own order to the board for consideration.

The commissioners refused my request to keep the De Novo hearing and provocation in animal on animal cases.  The De Novo hearing issue and how to appeal a dangerous dog classification will have to continue to be litigated in court - there is still no definitive answer on that issue.  As for the provocation defense in animal on animal cases, one of the commissioners who expressed reservations about not including it the defintion was told that the dangerous dog board can decide that.  I would propose getting that comment typed up, so that when the issue presents itself to the Dangerous Dog Board, that they are aware they can consider that issue.

And so, after more than a year of litigating Ulu's case, it appears that it has finally come to an end.  Ulu's legacy will benefit all dog owners, and I was proud to represent such a beautiful, sweet soul.  Ulu's owner has stood behind me in the case, and made it possible for us to get this far.  Thanks, Ulu and Sandy, for letting me take this ride with you.

Orange County, FL Animal Control the new Broward

Orange County Animal Control Enforcing One Kill Euthanasia Rule
Despite Hoesch v. Broward County

Orange County is seizing and euthanizing dogs after killing a domestic animal once, despite the clear language and instruction from the 4th District Court of Appeal in Hoesch v. Broward County.  Orange County is not within the jurisdiction of the 4th DCA, but other counties have changed their laws to meet the state law definition of dangerous dog as mandated in Hoesch.

The Hoesch case has been pointed out to the powers that be in Orange County, but rather than do the right thing, and comply with the dictates of the only case decided in Florida on the subject, the gist of their answer is, "We know about the case, but we are enforcing anyway, and if you don't like it, you will have to hire an attorney, spend money and wait years for the court to decide.  Now wouldn't it be easier to just give us your dog for euthanasia?"

What is wrong with Orange County animal control? And what about their county attorney who is going along with this?

Orlando-Refusal to Give Dogs To AC A Crime?

Orlando
Animal Control At Your Door To Impound Your Dog
Is Refusal To Give The Dog to Animal Control A Crime?
Identification and Photo Line Up Issues

The Hewlings Case

There is a a long held belief in the legal community that Animal Control officers do not have the power to enter your house without a warrant or seize your dog without your consent.  The way the Animal Control officers act, and what they say, do not convey this lack of authority.  In fact, my experience is just the opposite.  The Hewlings case is a perfect example of pugnacious animal control behavior.  The facts of the Hewlings case are covered here. The link provided is to a lawyer website.  However, the lawyer handling the case, Michael Kest, has since left that firm to open his own. He can be reached at   This email address is being protected from spambots. You need JavaScript enabled to view it. .

We'll get to the case in minute. My thoughts on "What To Do When Animal Control Comes Knocking," have been similar to the instructions written by attorney George Eigenhauser in an article with the same name, which can be read in its entirety here. I encourage you to read it.  I thought Mr. Eishauser was correct on all counts.  If animal control came to my house, I would require a warrant to enter and search, or even take a picture of my dog (until a proper photo line-up was guaranteed). If they wanted to seize my dog, I would require a court order.  This would necessitate a description of the probable cause for the search or seizure, and a judge would have to sign off on it. 

Read more...