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FEB 2 0 '199U <br />BOOK .79 <br />that the dog show provision was something we took from the <br />Broward County ordinance; however, they do have more dog shows <br />than we do in this county. <br />Commissioner Wheeler was concerned that the County would be <br />liable for an injury if it allowed vicious dogs at dog shows, and <br />Commissioner Bird felt the criteria for determining a vicious dog <br />must be very clear, because he was concerned about too broad an <br />interpretation or somebody's personal opinion. <br />Commissioner Scurlock was concerned that a dog would be <br />determined to be vicious based only on one neighbor's complaint. <br />One of his neighbors complained last year about his dog because <br />it was barking in his garage, and when the Animal Control officer <br />came out to investigate, the dog snapped at him. That doesn't <br />make him a vicious dog, however, because the dog was in his <br />garage, on a chain, and this individual tried to pet him even <br />after he was told that it wouldn't be a good idea under the <br />circumstances. The animal control officer then proceeded to tell <br />him he had a vicious dog and should have him under control. <br />Commissioner Scurlock could see that sort of thing happening all <br />over the county in response to calls from annoyed neighbors. <br />Attorney Brennan pointed out that it is very difficult to <br />have an animal control ordinance that defines vicious dogs <br />according to their breed and to say that a certain breed has a <br />propensity to be vicious, so we wanted to avoid that pitfall. <br />The proposed ordinance defines a vicious dog based on the <br />individual dog's behavior under the circumstances. There is an <br />exemption for a dog protecting its owner, even if it is not on <br />its own property and there is an exemption for the dog protecting <br />another person. There is the potential for finding probable <br />cause if the dog approaches someone in an apparent attitude of <br />attack on public streets, sidewalks or public grounds and places <br />in a vicious or terrorizing manner. That is to be likened to <br />assault where the attack is not actually carried through, but ff <br />23 <br />® _ r <br />