ANIMAL DIVISION WANTS TO DESTROY THE DOG

His name is SMOKEY LODOS
He is 8 year old small size Pitbul-Chow mix
He is being kept at the shelter under CASE#A1109303
He is a family dog, always friendly that always interacted with family and friends.  Despite the ambiguous accusations as it is stated below.

The Broward Animal Shelter has determined to kill this dog instead of returning it to his owners.

UPDATE on March 25th, 2010
The County attorneys office is awaiting the signed order.
The owner filed an appeal in County Court / Civil Division challenging the decision of the Hearing Officer.  The court denied the owner's motion for rehearing and granted Broward County's motion to dimiss the case.  The owner filed for mediation and it was denied by the Hearing Officer who has ruled that the dog has to be destroyed.
The Hearing Officer has ruled that "the County has met its burden by a preponderance of evidence that: the owner violated Section 4-12(j)(2) of the Code with respect to dangerous dogs; the dog bit the victim while unprovoked causing severe injuries to the victim and that the Division may proceed with confiscation, impoundment and disposal, in accordance with 4-12(j).

THE POLICE REPORT FROM THE DATE OF THE INCIDENT STATES: "The son had picked up a BB gun to put away. At that time the other child run up to him and playfully starting to tug at his right arm. He then lifted the child of the ground with his arm and began to spin the child around in the living room, that is when the dog got up and lunged and bit the child in the right arm, then bit her in the leg until he took control of the dog and locked him in a room."

UPDATE March 11th, 2010
Apparently the dogs owner has availed himself of legal counsel and the case is currently working its way through the judicial system.  As it stands now, the courts will be deciding the outcome of this case.

Margaret Wolter Aide to Broward County Commissioner Lois Wexler Commission District 5

The case on Smokey is that he is considered to be a " Dangerous dog"
The cause as stated by the owner:
'my dog did bite the child, I am extremely sorry for what happened. Smokey has been part of the family for 8 years, like you have heard in the previous stories. Smokey has always been involved in every family or friend occasion and never has he bitten someone before.'

This was reported to the authorities and they gave the owner Mr. Jo. L. a citation to follow where he was informed to observe the dog for ten (10) days.
As stated: "If the cat or dog appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed.  It the cat or dog does not have an owner, it will be quarantine at the shelter for up to a 10 day period."

In spite of the citation and requirements written to Mr. L.  as stated above: to observe and confine Smokey for ten (10) days, an Animal Care Officer removed him from the owner premises before the ten (10) day period.  Broward County states " that the owner did not provide documentation or proof for the rabies vaccination." Although in the same police report is stated: "the owner provided documentation and proof of the rabies vaccination."

The owner Mr. L.  went to the shelter with a lawyer to get his dog back with all the pertinent information and documentation needed.  Mr. L. gave them a statement of the incident insisting that Smokey had been provoked to react.  "Smokey had instinctively jumped to defend his son whom he saw  in a fight with the other child."

"Smokey is not an aggressive dog and there was never an incident of this kind  towards anyone else." Mr. L. added.

But the shelter's response to Mr. L. was that they had already decided to 'destroy' the dog.

On the Broward Shelter's website the following statutes are stated:

Dangerous Dogs: Section 4-12
A "Dangerous Dog" is a dog that has done the following:
-A dog that when unprovoked approaches a person in a menacing fashion
with an attack attitude.
-A dog that has killed or caused the death of a domestic animal in one incident, while off the owner's or keeper's property.
-Has aggressively bitten, attack, endangered, killed or inflicted severe injury on a human being on public or private property.
-Has been used primarily or in part for the purpose of dog fighting.

The following is also stated:

"If a dog -whether or not the dog has been classified as "dangerous"-- causes severe injury or death to a person OR domestic animal while unprovoked and off the owners property, an Animal Care Officer will impound the dog.  Written notice will be given to the owner and after ten (10) business days from the date of notification, the dog will be humanely euthanize."
http://www.broward.org/animal/ani01700.htm#Dangerous

It seems that the Broward Animal Shelter is creating it's own rules and is not following it's own published statutes.
Based on the published statutes this dog, Smokey should have been entitled to the ten (10) day observation period by his owner Mr. Lodo.

The occurrence was because the dog was provoked by the children -tug of war- fighting and it happened on the owners property (inside the house). 
Then why has the Broward Animal Divison taken the decision to euthanize this dog? Why have they not allowed the owner for a rehearing?  Saying that the the decision has been ruled by the Hearing Officer, why don't they listen to the owners part of the story? Because as described in the police report,  it  would verify the assumption that the dogs reaction to the children's tug-of-war play is what provoked the dog to get up and in his 'dog's mind' to defend his owner. 
Dogs do not think or act like we do; they do not discriminate between children or adults, they just know who their owner is, them is whom they are loyal to.

Mr.L. and his family are in a state of shock, disbelief, sadness and anguish by the decisions and steps taken by the Broward Animal Division. 
In desperation to save Smokey's life this family has even offered the shelter to send the dog out of the country to live with relatives to no avail.

Mr.L. says "my dog did bite the child, I am extremely sorry for what happened. Smokey has been part of the family for 8 years. Smokey has always been involved in every family or friend occasion and never has he bitten someone before."

What justifies this animal division change of ruling and deviation from their own published statutes, even contradicting them?
What does the Broward Animal Division leave this destroy family with? 
Is this not considered a cruel behavior on their part?
Is this legal?

Here is a similar case about a pitbull and the Broward Animal Division
my dog did bite the child, I am extremely sorry for what happened. Smokey has never bitten anyone before"