Latest update:
Animal Control never called me back-figures. So I called them a week later and was told (get this) "I went to the house and saw the dog and it seemed friendly." I then asked him if they brought the dog up to him and he said yes. I then told him of course it will be friendly because the dog is in a situation where the owner is not threatened and the dog is not by itself. I can't believe an Animal Control officer wouldn't even know this.
So.......apparently he isn't going to do anything and he reiterated that if the dog got out again, to call them.
Well duh, most places have a leash law so big deal. I can't believe I am fighting uphill in this whole scenario. So I went to the website of the Animal Control and found the following concerning their definition of a vicious animal:
VICIOUS ANIMAL: Not only an animal of a disposition to attack every person or animal it may meet, but includes as well an animal with a natural fierceness
or disposition to mischief, as might occasionally lead it to attack human beings or animals without provocation. (1993 Code § 4-1; amd. Ord. 688, 6-14-1993; Ord. 777, 6-8-1998)
So according to the law, this animal has shown acts of aggression and I have witnesses to the attack on my daughter. Therefore it would lead one to believe that I may have a case that it is a vicious animal. It also states this according to the law, "5-6A-8: VICIOUS ANIMALS:
A. Prohibited:
It shall be unlawful for any owner within the corporate limits of the city to harbor, keep or have possession of any vicious animal. "
And one more-
"CONFINED ON THE PREMISES: That condition in which an animal is securely and physically confined and restrained on and within the premises of the owner by means of walls or fences or by rope, chain, leash or other device, of such strength and size as to physically prevent such animal from leaving such premises."
It seems that I may have a case if I can prove that this animal is indeed vicious according to the city's own interpretation of its law. As well as the fact that the owner has failed to keep the animal confined on premises. I'm not letting this just go away. If I have to spend $2-3k to resolve this, then so be it. Thoughts?