Officials Crack Down on Owners When Pets Stray

On March 23, two pit bulls attacked a woman and her small dog in Chapel Hill, inflicting minor injuries on the woman and severely injuring her dog. The Animal Protection Society of Orange County issued a citation and fined resident Ralph Logner, owner of the pit bulls, $50 for allowing his dogs to run loose.

Laura Walters, executive director of the Orange County APS, said the county's leash law requires a dog to be restrained at all times. "(A dog must be restrained) either in a vehicle, a secure enclosure (or) by chain or a leash," Walters said.

After any dog attack, the APS determines whether the dog in question is "vicious."

According to the N.C. General Statutes, a vicious dog is considered a "menace to the public health" because it has "attacked a person causing bodily harm without being teased, molested, provoked, beaten, tortured or otherwise harmed."

John Sauls, director of Orange County Animal Control, said a combination of the dog's temperament and the owner's lack of control contributes to the unprovoked attacks. "The problem occurs when you have a dog that will bite unprovoked and an owner who doesn't see to it that it never happens," Sauls said.

But Walters emphasized the majority of dog bites are provoked.

Sauls said the lack of provocation in an attack is an important factor in determining whether the animal or the victim is to blame. "Without provocation is the key element," Sauls said. "If my dog attacks you, should I be liable? Absolutely. Unless you provoked my dog to attack you -- then you're liable."

But Sauls said the most important way for pet owners to avoid punishment for their pet's actions is to obey local laws. "Basically, control boils down to a leash. If you take your dog out for a walk, they should be on a leash," he said. "The dog running loose leads to a potential situation where someone can get hurt -- or the dog can get hurt."

But Chapel Hill Town Council member Mark Kleinschmidt said he does not believe last week's attack was the result of weak town leash laws. He agreed that pet owners should be held responsible.

"This was a failure of responsibility by the owner," Kleinschmidt said. "I'm not sure what else the (Town Council) can do about it. We can encourage people to take safety precautions with their pets."

Kleinschmidt said he hopes pet owners will utilize the Homestead Dog Park, which reopened last month, as a way to prevent attacks. "In a dog park, dogs have much more social interaction," he said. "When dogs are not trying to protect a territory, they act in a totally different manner."

The park also removes a dog's typical neighborhood mentality, in which Sauls said the presence of more than one dog increases the potential for danger. "Dogs start to operate under the pack mentality," he said. "Dogs like the support of their fellows."

Brian Karasek, 28, of Durham, who owns two Doberman pinschers, agrees that dogs are more relaxed at the park. "People would not be able to stand this close to our dogs if we weren't at the dog park," he said.

Kathryn Spatz, director of the Chapel Hill Parks and Recreation Department, said there have been no reported dog attacks since the park originally opened last summer.

Ken Caviston, 59, of Chapel Hill, owner of an 11-month-old Australian shepherd, said dogs are less aggressive toward humans and other dogs while playing in the park. "Matty seems more relaxed while in the park," Caviston said. "Dogs are made to run."

The City Editor can be reached at citydesk@unc.edu.