Division II: Dog and Cat Fight Leads to Speculation, Dog Dangerous No More
Dog kills a cat without provocation. Dog gets the designation from the city that he is a dangerous dog. Unfortunately, all we know is this:
I just think the evidence is clear that the dog attacked to this cat and killed the cat on private property, not his own. How he got there, I don’t know; but he was there any killed the cat.
So I will find that Scout is a dangerous dog.
The municipal code at issue here requires a dangerous dog had to have inflicted a severe injury on a human without provocation killed a domestic animal without provocation off of the owner’s property, or bitten, attacked, or endangered humans or animals after the owner was notified that the dog was potentially dangerous. Here, the second basis is an issue – whether there was provocation. In order for the finding to be made, there has to be substantial evidence. Here, there is no evidence as to how this thing between the dog or the cat went down.
In other words, just because this occurred on someone else’s property, that doesn’t mean that the attack was unprovoked. The city only had to speculation as to how this all began.The dog gets a repreive!
However, I would say that this owner needs to keep a keen eye on this pup from here on out.