Help save Brandie from death

  • by: Lon Lipsky
  • recipient: Broward County City Commission and Broward County Animal Control and Regulation

Update** June 3, 2010**
**This week a judge granted the motion to move Brandie out of Animal Control and to a vets office while we wait for our appeal. We are now able to visit with her whenever we want. She will be getting lots of TLC as we wait for the appeal in county court.

** UPDATE** May 26, 2010** We lost our appeal and the special magistrate sentenced Brandie to be disposed of. We are appealing this to the Broward County Circuit Court. If you would like to read the ruling please follow this link:
Make sure you check out all the inconsistencies and lack of investigation.
http://www.justnews.com/download/2010/0526/23684537.pdf

Brandies Face Book Page - http://www.facebook.com/group.php?gid=124107390946052&ref=ts




On May 3, 2010 our beloved 10 year old female Husky mix was being walked on a LEASH on the sidewalk in our neighborhood. We have done this for the past 5 years. Halfway through her walk, a small dog bolted out of their house unattended, ran down their driveway, and lunged at Brandie. Brandie was startled and instinctively reacted and bit the dog. This dog was not under their owners control via leash or any other means. Sadly, Brandies bite was fatal. The other dogs owners have stated in a written affidavit that they were inside their house when the dog ran out.Our hearts break for the other family, but their needs to be some responsibility on their part.

 The next day Broward County Animal Control and Regulation came to pick up our dog without ever asking us any questions. Brandie was taken away and we had no recourse. She has  been deemed a Dangerous Dog and sentenced to die because of this ordinance:
---------------------------------------------
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 or with an attack attitude.
  • A dog that has killed or caused the death of a domestic animal in one incident, while off the owners or keepers property.
  • Has aggressively bitten, attacked, 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.

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 euthanized.

--------------------------------------------------------------

This ordinance automatically assumes that Brandie was unprovoked because of the death of the dog. It does not take into consideration that the other dog may have been the aggressor. It does not take into consideration that we were responsible pet owners having leashed our dog, while the other owners allowed their dog to run around unattended. 

Our Brandie had been PROVOKED by the other dog running straight at her and lunging  at her. This ordinance must be changed.

Brandie has lived in our home for 7.5 years: with two cats, another smaller dog and a baby. She plays well with other neighborhood dogs and loves all children big and small.

We have appealed her death sentence and have a hearing on May 20th 2010.  Another Broward County dog owner has taken their case to the Fourth District Court of Appeals to try to have the county ordinance declared unconstitutional. 

This new law is in direct conflict with the State of Florida law.  This law needs to be changed, it is unfair and unjust.

We are being represented by attorney Donna Waters Romero.

 

 

We the undersigned:

On May 3, 2010 a 10 year old  Husky mix was being walked on a LEASH on the sidewalk in a Broward County neighborhood. This has been done for the past 5 years. Halfway through her walk, a small dog bolted out of their house ran down their driveway and lunged at Brandie. Brandie was startled and instinctively reacted and bite the dog. This said  small dog was not under their owners control via leash or any other means. Sadly, Brandies bite was fatal. The other dogs owners have stated in a written affidavit that they were inside their house when the dog ran out.Our hearts break for the other family, but their needs to be some responsibility on their part.

 The next day Broward County Animal Control and Regulation came to pick up Brandie without ever asking any questions. Brandie was taken away   and deemed a Dangerous Dog and sentenced to die because of this ordinance:

Dangerous Dogs: Section 4-12

A %u201CDangerous Dog%u201D is a dog that has done the following:

  • A dog that when unprovoked approaches a person in a menacing fashion or with an attack attitude.
  • A dog that has killed or caused the death of a domestic animal in one incident, while off the owner%u2019s or keeper%u2019s property.
  • Has aggressively bitten, attacked, 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.

If a dog %u2013 whether or not the dog has been classified as %u201Cdangerous%u201D -- causes severe injury or death to a person OR domestic animal while unprovoked and off the owner%u2019s 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 euthanized.

This ordinance automatically assumes that Brandie was unprovoked because of the death of the dog. It does not take into consideration that the other dog may have been the aggressor. It does not take into consideration that responsible pet owners have leashed their dog, while the other owners allowed their dog to run around unattended. 

Brandie had been PROVOKED by the other dog lunging at her. This ordinance must be changed.

Brandie has lived in a home with two cats, another dog and a baby. She plays with other neighborhood dogs and loves all children big and small.

This new law is in direct conflict with the State of Florida law and the City ordinance as well. This law needs to be changed, it is unfair and unjust and in conflict with Florida state law.

Thank You for taking the time in regards to this matter.
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