Bill bites down on dog owners

[bigdoglover]

newszap.com

By Joe Rogalsky

DOVER - Dog owners would face increased penalties if their animals cause serious injury or kill another person under legislation moving through the General Assembly.

House Bill 470 would make the owner eligible for punishment even if the dog had not attacked anyone before. Current law requires a dog be deemed "dangerous" by the state's dog-control panel before the owner faces sanctions.

"The onus should be on the owners that have the dangerous dogs in our communities," said House Speaker Terry R. Spence, R-New Castle.

"Under current law, the dog is put down and the owner walks away. This changes that."

The owners would be guilty of a felony, punishable by up to five years in prison and/or a fine between $1,000 and $10,000.


"It would be a very aggressive attack," said Ann McCann, the deputy attorney general who wrote the bill.

"It would have to be at least a very serious mauling almost resulting in death."

Owners would not face prosecution if the victim of the attack was trespassing on the owners' property, they have a properly fenced-in yard and have posted beware-of-dog signs.

"We have a Sheltie who nips people sometimes, so we put up a fence for her," Rep. Spence said.

"She's just a little dog but if you have a dog that is a menace, you have to put up a fence, chain the dog and do whatever you have to do."



In prosecuting an owner, the state would have to prove that the owner knew or should have known the dog was dangerous.

Rep. Melanie George Marshall, D-Bear, amended the bill to clarify for owners whose homes have invisible electronic fences that prevent the dogs from leaving the property.

If a person older than 13 trespasses on property with the invisible electronic fence and is attacked, the amendment would save the dog's owner from criminal charges.

"You can have an electronic fence that keeps your dog in your yard but does not keep people out," Mrs. Marshall said.

"If you are in your backyard enjoying the weather and the company of your dogs, and a person you don't know trespasses in your yard and your dogs sense your are afraid and charge that person, you should not be guilty of a felony."

The bill passed 38-3 in the House on June 20 and is awaiting consideration in the Senate Judiciary Committee.

The lawmakers voting against the bill said they support stiffer penalties for dog owners, but worry about the bill's unintended consequences.

Rep. Peter C. Schwartzkopf, D-Rehoboth Beach, said he voted "no" because he fears what would happen if a homeowner opened a door to yell at someone breaking into their garage, and the dog escaped and chased after the intruder.

If the dog attacks the miscreant, Rep. Schwartzkopf said the homeowner would be guilty of a felony under the bill if his yard is not fenced in or the beware-of-dog signs are not posted.

"You should not be guilty of a felony if your dog scoots by you and defends your property," Rep. Schwartzkopf said.



"I support the intent of the bill but it is written poorly."

[mulroony]

So...

If you post beware of dog signs and your dog does not kill the person then you have provided proof that you knew the dog was aggressive, but if you do not post them and the person dies then you will be held responsible.

That said I still think this is a good law since so few vicious maulings happen and in most of the cases I have heard of it is incredibly negligent owners.