With the new Emily’s Law coming into effect statewide July 1, owners of dogs prone to biting or attacking will have to take extra safety precautions — with the potential for felony consequences if they don’t.
Emily’s Law is named for 24-year-old Emily Colvin, one of two women killed by dog attacks in north Alabama last year that prompted the bill’s creation. The law sets up a process for investigating claims of dangerous dogs and imposes felony penalties for anyone convicted of owning a dog that has seriously injured or killed a person.
“It’s going to change everything, pretty much,” Mountain Brook animal control officer Preston Sloan said of the law’s effect on handling dog bite cases.
Sloan said the law requires police reports and investigations every time a dog bites a person, rather than leaving it up to the victim to decide. It also clears up “gray areas” in previous rules about consequences in dog bite incidents, both for the owner and the canine.
Sloan attended training to become familiar with the new rules, and he said he is trying to stress to dog owners “how much more serious it is.” Dog bites in Mountain Brook are not a frequent occurrence — there have been two so far in 2018 and Sloan said around five or six bites in 2017.
“We just do not get very many. We get a lot of dogs chasing people down the street, but it’s very uncommon for them to bite,” Sloan said.
Sloan said the most common bite situations he has seen happen on Jemison Trail, when dogs attempt to snap at other runners or walkers passing on the trail. Sloan said he encourages people walking their dogs on public trails to move off the side of the path to allow others to pass safely.
Emily’s Law requires animal control officers to complete an investigation in case of a dog causing injury or death, or if a person makes a sworn statement claiming a dog is dangerous. The investigation looks at bite severity, dog behavior and the circumstances surrounding the bite incident, such as if the dog was purposefully aggravated leading up to the bite.
If the investigation leads the officer to conclude the dog is likely dangerous, the owner is then summoned to appear in municipal court and the pet is impounded by the city while the court decides the case. Based on evidence presented at the hearing, the judge can rule for the dog to be euthanized if it has caused physical injury or death.
In cases where the dog has not caused an injury but the judge deems them dangerous and likely to attack a person in the future, the dog can either be euthanized or returned to the owner under certain conditions.
These conditions include a $100 annual fee for dangerous dog registration; a security bond of at least $100,000 to cover the costs of any potential bites; and an enclosure that is locked anytime the dog is inside, secured on all four sides and the top, built either on a concrete pad or with its sides sunken at least 2 feet into the ground and a dangerous dog sign posted. The enclosure must allow proper ventilation and protection from the elements, must be tall enough for the dog to stand normally and must be four times the dog’s length and two times its width.
Additionally, the owner must provide current rabies vaccination, spaying or neutering and microchipping for identification. The dog must be kept on a secure collar and leash when outside of its enclosure.
“You should definitely keep your dogs on leash, and especially if you have a dog that’s prone to bite, you should put a muzzle on them if you’re going to take them out. I know that it’s sad, but it’s not worth it,” Sloan said.
Incidents where a dog bites a person trespassing on its owner’s property are not considered as cases to declare the dog dangerous.
Once a dog has been declared dangerous, if it attacks and seriously injures or kills a person, the owner can be charged with a Class B felony. This comes with a penalty of two to 20 years in jail and up to $30,000 in fines. If a dog attacks someone but has not been deemed dangerous in the past, the owner can still be charged with a Class C felony.
Attacks causing less serious injuries can also result in misdemeanor charges, and owners of dangerous dogs who violate the conditions for keeping them can be charged with misdemeanors, as well.
“It’s very, very serious this time,” Sloan said of consequences outlined in Emily’s Law. He encouraged owners of dogs prone to biting or nipping to take extra care to keep both their pets and their neighbors safe.
