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Old 03-01-2010
cindyrose cindyrose is offline
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Question Chicago Animal Control wants to put my dog down,move out state,buy liability insuranc

My question is how do I appeal the "dangerous dog" determination upon my dog? My dog was prevoked...he was punched in the head...then my dog bite him and released him upon the boy ceasing blows.

We have a witness that saw it....

Can someone please recommend a attorney or explain the how i can initiate the process? And what are your experiences with this process? Am I wasting my time?

Thank you
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Old 03-01-2010
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fighting for what you believe is right is never a waste of time! you would, however be best served with an attorney that specializes in the animal welfare laws for your area. The humane society or aspca may be able to connect you with one. I won't get into whether your dog should or shouldn't be declared dangerous as I don't know all the facts...a lawyer will certainly be able to sort through them and give you the best advice. good luck.
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Old 03-01-2010
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thank you for those two leads...i will give them a try as i cant find a attorney that specializes in Animal Defense
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Old 03-02-2010
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You can try contacting the local chapter of the American Veterinary Medical Association. They often have a list of attorneys that specialize in Animal laws. Fair warning though, I took a case to court and I knew more about the laws since I'm both a vet. and an ACO/ACI than the attorneys. I have a civil suit going on currently against a municipality; I have been the one advising my attorney of the laws. We have been in contact with the State since there is a debate as to who is interpreting the law correctly. Be really careful as to who you get for an attorney and see what their track record of success is regarding animal laws.

As much as I hate to even refer to them, if you really get desperate, PETA (People for the Ethical Treatment of Animals) usually have attorneys that will fight for animals "rights", or at least they can refer you to an attorney that might be able to help.

I also can't give you advice regarding whether the declaration of "dangerous dog" is correct either, since I have had a few cases where I was able to get the ACO to change the charge of dangerous to a lower fine since the dog had painful knees, and as a vet. I was able to find that the dog only attacked when the knees were touched. The owner did not know the dog was painful, in the case I am referring to. A veterinarian's letter may help if your veterinarian has been seeing the dog for years and has never had a problem with the dog. Most truly "dangerous dogs" have a record at the vet.'s office of attempting to attack staff members and/or the vet. I was going to testify for the owner of the dog that I mentioned, when the ACO settled the case for a lower fine.
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Old 03-02-2010
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You would also have to consider the reason your dog was deamed dangerous. How old was the victim, what were the circumstances leading up to the attack, what was the severity of the injury. If an attorney knows the city laws, they will be able to tell you right off the bat whether or not you are wasting time.
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Old 03-02-2010
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In chicago, we also tell the owner HOW to appeal and request a formal hearing in the letter they get from the Director telling them the dog is dangerous, and what the restrictions are. You have 7 days to do so.
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Old 03-02-2010
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the seven days are up. we gotta figure out either to appeal, put down or give to rescue in another state.


Acosuper can you tell me what towns near Chicago, il that I can move to with my dog to avoid this?
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Old 03-02-2010
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Quote:
Originally Posted by cindyrose View Post
the seven days are up. we gotta figure out either to appeal, put down or give to rescue in another state.


Acosuper can you tell me what towns near Chicago, il that I can move to with my dog to avoid this?

I had a case similar to yours. The owner of the dog knew me and asked if I would hold the dog since she did not want the dog at the shelter and the ACO would not allow her to hold the dog. (It was a situation of a person being bitten by the dog.) The dog needed to be held for the 10 day quarantine. I contacted the ACO and the dog was held at my hospital for the time frame. The owner of the dog told the ACO that she was willing to move out of the residence and to another town if the charges were lowered. The dog might have been provoked since the victim approached the owner of the dog at the owner's residence. (The victim and owner were neighbors.)

I would check first with the local ordinances as to whether or not you can move the dog to a different location; in another case, there is now a bench-warrant for a woman that skipped town after being charged.
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Old 03-02-2010
cindyrose cindyrose is offline
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Thank you for the responses....I havent received any calls back or emails from anyone or any agency i've attempted to communcate with.

I wish i knew how much time i had or how to file this on my own to atleast get the ball rolling before Animal control knocks on my door and i dont know what to tell them.
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Old 03-03-2010
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Since you are past the seven days, you pretty much must come into compliance under the Chicago Municipal Code now. If you move the dog into another jurisdiction, you must notify Chicago Department of Animal Care and Control of where you are taking the dog. This is so that the inspector assigned to your case can update his/her files to reflect that the dog is no longer under our jurisdiction and authority. CACC will notify the police department of the town you are taking the dog to notify them a declared dangerous animal is entering their jurisdiction...more or less an FYI about it.

So yes, if you exhausted your time for appeal, you must come in to compliance. There is no other legal remedy for you to attempt really.
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