You requested me?
Were we just chatting?
in a separate session?\
oh. OK. I've had several of these questions today.
How can I help you
according to the law if the owner was told they cant be declared vicious
is this correct?
Let's clarify it.
the 2 dogs died
Was it your dog that bit the 2 other dogs?
i have 3 and no one is sure
i took video
i paid for emergency care
OK. And you are being charged under the Nevada dog bit statute?
sorry dog bite
the fence had been down since 11/11 and
orginaly willingly and unlawfully harboring a vicious animal
OK. So, let's take this one step at a time.
no prior problems before
You say "originally", are you still being charged with "harboring a vicious animal"?
the DA is now pushing for dog at large
OK...so you are now being charged with vicious dog at large. Do you have any of the court documents with you?
let me get them
OK. We are looking for the exact statute designation they are charging you under
i have it here
Do you see anything in the documents from the state that talks about the statute designation?
Like: N. R. S. 202.500
or something similar?
Ok. Is that in a sentence? Like, State charges Defendant with violation of DDC...
Alright. Standby. I'm going to pull the statute and take a look and then I'll be back.
i will be right back
202.500. Dangerous or vicious dogs: Unlawful acts; penalties. 1. As used in this section, a dog is: (a) "Dangerous" if: (1) It is so declared pursuant to subsection 2; or (2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog is: (I) Off the premises of its owner or keeper; or (II) Not confined in a cage, pen or vehicle. (b) "Provoked" when it is tormented or subjected to pain. (c) "Vicious" if: (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or (2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in paragraph (a).2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.3. A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.4. A person who knowingly: (a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or (b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,is guilty of a misdemeanor.5. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.6. This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.
This is the law as to dangerous dogs
I don't think you've been charged with a violation of this statute.
I think you are being charged with a violation of a county ordinance.
I'm looking at the Douglas County ordinances right now
I'll get back to you in just one second
my papers say that same thing
Say a county ordinance?
or say the state statutory law above?
douglas county code 6.16.050
OK. The following is the text of that code.
Let's look at it together
6.16.050 Vicious dogs A. If any dog has bitten a human being the dog may be considered vicious by animal control or by a court of competent jurisdiction. The victim, or if the victim is a minor, the victim's parent or guardian, may request in writing that the bite should be considered as an indication of the vicious propensities of the dog. The statement must be filed with the animal control officer and when possible with the person responsible for the dog. It must include the reasons for the conclusion, the name and address of the person responsible for the dog, description of the dog and dog's name, and the name and address of the victim or the person making the statement. The following factors must be considered in making the determination if the dog is vicious: 1. Whether the bite resulted from teasing or mistreatment of the dog; 2. Whether any teasing or mistreatment was by the victim; 3. Whether the victim was warned to stay away from the dog; 4. The viciousness of the attack; and 5. Any other circumstances that would be considered by a reasonable person. A dog must not be considered vicious when it is: 6. Acting to defend an attack upon a human being by a person or other animal. 7. Owned by the sheriff's department or other law enforcement agency when it is used in the performance of law enforcement work. 8. Acting against a trespasser who has illegally entered the residence of the person responsible; or 9. Acting against a trespasser who illegally entered on or into a fenced or enclosed business premises, when those premises have signs posted in a conspicuous way to the public warning of a potentially dangerous animal on the premises. B. If a dog bites a person, the person responsible for the dog may acknowledge without a statement by the victim that a dog bite should be considered vicious by animal control. The acknowledgment must be in writing and must be delivered to the animal control officer. C. If a dog enters on the property of another and attacks an animal it may be considered vicious. If a dog enters the property of another and kills an animal or has on a second occasion entered on the property of another and attacked an animal, the dog must be considered a vicious animal. D. A vicious dog may be impounded by animal control until a secure pen is provided. E. A vicious dog must be confined in a secure pen. When not confined in a secure pen a vicious dog must be restrained by an adult with a sturdy leash of no more than 4 feet and must wear a muzzle to prevent the dog from biting with its mouth. The muzzle must be the proper size and design for the dog. Animal control must approve all secure pens, leashes, and muzzles used on vicious dogs. A county officer may impound any vicious dog that is not securely confined. The county officer may tranquilize or use any other reasonable means necessary to impound the dog. If the county officer determines that the dog cannot be safely impounded, the dog may be destroyed. F. The owners of a vicious dog must have it sterilized within 90 days of the date animal control determines the dog is vicious. The owner must provide animal control with a copy of the sterilization certificate signed by the veterinarian that performed the procedure. G. The provisions of section 6.20.010 apply to the impoundment of a vicious dog or dog in heat except that an impounded dog may not be reclaimed unless a secure pen is provided. If the person responsible for the dog fails to provide a secure pen within five days after written notice, the dog may be destroyed pursuant to subsection 6.20.010(B). (Ord. 1305, 2010; Ord. 1170, 2006; Ord. 815, 1998; Ord. 434 (part), 1985)
they did no inveswow ok let me read
no factors were considered# XXXXX and 3 are marked n/a
OK. So lets talk about this
What happened exactly?
i was renting, i have 3 dogs and had liability insurance
the back fence went down in november of 2011
they finally fixed it some what at the end of this feb.
my dogs got parvo from replacement of fence,got new neighbors
on march 1, 2012
spoke to new people on 3-3-12 told them about the parvo and the fence
i have a recording of conversation
Why did you record the conversation by the way?
3-5-12 they stated that my dogs broke into their yard and killed 2 dogs
on accident it was in my pocket when i was walking my neighbors dog
and i guess i hit the side button
So, the fence that your landlord provided was not adequately repaired?
sheriff came ans took pictures
was a shared fence and the side belonging to the new neighbors was not
fixed i have pictures
animal control never came out they called me the next day and told me to bring my dogs in
i was given notice of vicious dog and had to sign
i have witness that i signed against my wishes
OK. Where were the bodies of the neighbors dogs when they died? In your yard, or in your neighbors yard?
i could not get my dogs back untill i had provided kennel and spayed 1 of my dogs the 4yr old
the other 2 were 8 months old and already spayed
and all were licenced
but, did your dogs get onto the neighbors property and kill the neighbors dogs there? Or did your neihbors dogs get on to your property and then get killed there?
then i was forced to give my 30 day notice to move because i had become a lieability
neither the neighbor nor myself were home at the actual time of the incident i was next door and when i got home 2 of my dogs were in my garrage
and 1 was still over ther
they were throwing rocks and screaming bad words at me
the man had a chair upsidedown like a lion tamer at my dog
what kind of dog is it?\
i stood up and well yelled whoa then i had to push through the fence to get my dogs attention
she came right to me and we wnt in and called the vet and took video
american bull terriers
they had a daushand and chiwowwau
what a mess huh
Yep. So now your dogs were designated "vicious" by animal control, and you were ordered to bring one of them in for neutering
My first issue of concern is that there is no proof that all of your dogs were ever in the neighbor's yard.
Just the one
no no proof just their word
But the neighbors did not see it right?
they said all 3 were in their yard
but 2 were in my garage when i walked in
OK. Your facing an uphill battle because of the type of dog you have.
Let's talk about the court hearing coming up
So were you summoned to court by the District Attorney?
And you are being charged with the violation of the statute that we discussed earlier right?
they have reduced it because i proved that restitution had been made
and are pushing for dog at large max fine of 1,000.00 per dog
That's some BS...pardon my french
right i know and no prob i speak french
So this is what you are being charged with now:
6.16 Dog Restrictions--Penalty A. It is unlawful for any person who owns, harbors or keeps or who has possession, charge, custody or control of any dog to cause, permit, suffer or allow the dog to stray, run or to be at large in or on any public highway, street, alley, sidewalk, park, place or school ground, or upon any lot or land whether public or private, other than that of the owner. B. This section does not apply to any dog performing under the immediate direction and control of the person responsible for the dog or an agent or employee of the person. C. The county officer may tranquilize a dog at large to aid in its capture. If a safe capture cannot be made using tranquilization, the county officer may use any reasonable means necessary, including destruction of the animal, to capture the animal.
and i found out that oneof the realestae agents from my property management company is related to the animal control officer
i do not believe that i allowed this to happen
I think you just hit the nail on the head.
But before we get into it,
but how the heck am i gonna present that
Have you already pled not guilty?
What did you plead?
Or have you pled anything yet?
OK. Well. This is a misdeamenor charge. The $1,000.00 penalty is simply ridiculous, especially given the circumstances.
The first thing you have to remember is that the State has to prove their case
So the State has to prove "caused, permitted, suffered or allowed" your dogs to go next door.
ok but the law gives the right to the animal control officer to deem them vicious
why would the DA push so hard
Not quite sure.
i have statement from vet video and pictures
The fact that your dog killed the other dogs creates an automatic assumption of visciousness
But it should only be for the one dog...not the other two
What do the video and the pictures prove?
detailed efforts given by vet
that the fault was not mine
Allright. We need to think of this as two separate issues
The first is whether or not the dog is vicious and has to be spayed and then confined to a pen
You said there was the designation by the vet, but then they dropped it right?
no one knows which one did anything
Now they are just asserting dog at large and trying to fine you $1000 per dog
They aren't trying to make you confine your dogs to a pen, or destroy the dogs?
the vet letter states that i am responsible and lawfull pet owner
if i stay in douglas county
If you stay in douglas county, then they are "vicious" and you have to keep them in a pen
my dogs must be confined at all times with a leash 4' and a muzzle
So let's talk about the hearing
i want no vicious o
Well, allright, lets address that. The vicious designation is going to stick on at least one of the dogs. The law says this is the designation if the dog is on another person's property and kills their dog...no matter what the circumstances.
You can challenge the designation of the other two dogs as vicious
well how can they determin which dog
my dogs had NO blood
OK, but you are not denying that the neighbors dogs died from the bites of one of your dogs are you?
I got you
i asked the vet if they were sure it was my dogs
it would appear so
is what they said
So, the problem you are facing is an assumption allowed under the law called "res ipsa loquitor". That means a person can assume that the circumstance proves the assertion.
In other words, your pit bulls were in the neighbors yard with the neighbors dogs. The neighbor's dogs are dead. Res ipsa loquitur, the pit bulls killed the neighbor's dogs
ok assertion from ugh whats the word
apparently without blood
We are talking about a different law now. The county designation of vicious turns solely on the fact that one dog got on the property of another and killed an animal.
want to come to court?
So provocation does not come into play anymore.
LOL. I would if I could
Let's talk about that now.
You need to plead not guilty
i did but then he set another date
i did anain so judge set trial date
Fine. Continue you in your plead of not guilty. So now you have a trial date. You then stand up and say that your neighbors were negligent in the care for the fence. They knew you had dogs, and that you would never cause or allow your dogs to be out of their yard.
douglas county doesnt have a potentialy dangerous list
Of anything the fact that the dogs got out is that your neighbors were not taking care of their side of the fence.
You say this in your opening statement to the court.
You say that the State has to prove that you caused or otherwise allowed your dogs to get out
And that the state has to prove that "beyond a reasonable doubt"
And that there is no proof of that whatsoever.
Tell the prosecutor that before the case
can i print that from here
Do a cut and paste
into your word doc
or word processor
k hold on
Be adamant in your delivery. Say that it was a terrible thing that happened, but that there is only so much you can do as a landowner, like keeping your dogs in your backyard and maintaining your side of the fence. If your neighbors allow a hole in the fence, it is not your fault. You've paid your restitution, and paying a fine to the city for this is not going to bring your neighbors dogs back.
Its unfair and unjust, especially under these circumstances and the State cannot prove their case. They cannot prove that you did anything to violate that law.
The denial is your defense. And that is because you don't have the burden of proof. The state does.
If you are strong, you will most likely win.
When they put on evidence, that is when they get your neighbors to testify, you get to question them
Tell them "You did not see your dogs actually die, did you"
"You did not see my dog actually bite your dog did you"
"You did not see all of my dogs in your yard either, did you"
It's kinda the way you gotta be...you are the one being charged with a $1K penalty for each dog\
You might wanna see if there is a criminal defense attorney who could do it
They probably wouldn't charge to much
i am a tough one you know
You can be nice in the way you deliver the question.
You don't have to yell, or anything.
even with this short of notice
I would think so.
never i am a respectfull b----
Doesn't take much prep work
So does that answer your questions?
thank you soooo much
Do you have anything else for me to address?
thank you again
Great. It was good speaking to you.
I hope you have good luck with this case
Please show you are satisfied with my answer by clicking "accept"
This is JACUSTOMER-h4kaql47
the one with the pit bulls
Hope all is well with you. I am writing to you to ask a question. The DA called me and said that he was dismissing the case but has 1 year to reopen it I Feel that it is still important to submit my evidence so i am writing a letter to him and im not sure what NOT to say
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).