Sedona is home to hundreds of dog owners — maybe even more — and while most of their canine companions are well behaved and friendly, that’s not always the case.
If you or your pet is the victim of a dog attack, there are avenues that you can take. If you are the owner of the dog that did the attacking, there are consequences.
In April, a Sedona man was walking his dog when a pair of Rottweilers that had gotten out of their fenced yard attacked the two. Both the man and his dog required medical attention. The owner pled guilty to two counts of a dog at large — a misdemeanor — and was ordered earlier this month to pay $500 to the court.
A civil lawsuit was expected to be filed against the dog’s owner by the victim. The city’s ordinance defines “dog at large” as any animal not under the restraint of a person capable of controlling the animal or off the premises of the owner, excluding bees. A vehicle shall be considered the premises of the owner.
While somewhat rare, incidents like this do occur in Sedona. “I wouldn’t say it’s common — there seems to be an ebb and flow to it,” Sedona’s assistant city attorney and prosecutor Lisa Parsons said. “We’ll have a group of them and then not have anything for a while and then another group.”
If a dog attack occurs, the city’s ordinance states injury to any person or damage to any property by any animal while at large shall be the full responsibility of the animal’s owner or person responsible for the animal when such injury or damage occurred.
“All cases are prosecuted but prosecution can mean a couple different things,” Parsons said in regard to those owners who receive a citation from the city. “Normally, for someone who’s a first-time offender, they’ll be offered a deferred prosecution. It entails paying a fine to the court, possibly having the dog attend obedience classes, a promise to keep their dog restrained and restitution to the victim to cover medical bills and costs.”
However, in terms of restitution, Parsons said a victim can accept the court’s decision or waive that right and seek a civil suit against the dog’s owner.
When it comes to prosecuting a dog bite case, she said a dog bite is just that. “I don’t discriminate against any kind of dog breed,” she said. “Whether it’s a first-time dog that may be considered more dangerous like a pitbull vs. someone’s Chihuahua who bit somebody, it’s still a dog bite.”
During her tenure in Sedona, Parsons said she has never seen a case of a repeat offender. That doesn’t mean that it has never happened but none have gone through the local legal process. If it does happen, the fines are much higher, and the owner is not offered deferred prosecution and instead must enter a plea or go to trial. Sedona does not have anything within its ordinance specifically dealing with the destroying of a vicious dog.
However, it does state, “An enforcement officer shall have the right to enter upon private property in order to apprehend any animal that has been running at large. Such entrance shall be in reasonable pursuit of such animal and will not include entry into a domicile unless it be at the invitation of the occupant.” It goes on to say, “While attempting to impound, or during the impoundment period, if such animal is extremely ill, severely injured or excessively vicious, it may be slain by the enforcement officer or authorized agent. If possible, the animal shall be euthanized.”
Ron Eland can be reached at 282-7795, ext. 122 or by email at reland@larsonnewspapers.com
