On Tuesday October 25, 2019, two dogs associated with the recent attack on two miniature horses in the Valley Springs area were released to their micro-chipped owner and taken by the owner back to Stockton, where they reside.
This is the first substantiated incident in Calaveras County involving either of these dogs, and as a result, the legal standard for Animal Services to file a ‘potentially dangerous dog’ petition under state law has not been met at this time.
Pursuant to California Food and Agriculture Code Section 31602:
“Potentially dangerous dog” means any of the following:
(a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
(b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.
(c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
The above represent the only legal bases for filing a petition in Superior Court to have the dogs declared “potentially dangerous” by a judge. Because this incident constitutes only one such occasion, Animal Services cannot at this time file a petition pursuant to Section 31602(c).
Animal Services is aware of what has been posted on social media regarding other alleged incidents involving these dogs and has investigated those fully; our investigations have found that these reports are either inaccurate or cannot be substantiated.