badrap
Posted : 2/18/2008 7:09:54 PM
Although I may be thinking of a law specific to Dallas, I was able to find THIS on the Fort Worth Muncipal Codes website:
ARTICLE II. RESTRAINT OF ANIMALS
Sec. 6-13. Restraint of animals.
(a) It shall be unlawful for an owner or person in control of an animal to fail to keep the animal under restraint in a securely enclosed or confined area and in a manner that will isolate the animal from the public and other animals except for animals owned or under the control of the owner.
(b) It shall be unlawful for an owner to fail or refuse to exercise diligent care and control of his or her animal to prevent such animal from becoming a public nuisance.
(c) It shall be unlawful for a person having charge, care, or ownership of a cat to fail to keep the cat from roaming beyond the boundaries of the person's premises.
(d) It shall be unlawful for an owner or person in control of a dog or puppy to restrain the dog or puppy by leash, tether or chain unattended in the yard of a residence or business unless the area is securely enclosed or confined as defined in section 6-1.
(Ord. No. 10553, § 1, 3-27-90; Ord. No. 12495, § 1, 3-13-96; Ord. No. 12620, § 1, 8-13-96; Ord. No. 15178, § 3, 8-8-02)
This is the link to the website:
I was unable to find the specific code- it may be too new, but I am quite sure that the new code is specific to the hour of the day. At any rate, by my interpretation, both the owner of the attacking dog and the owner of the dog who was attacked were in violation of Fort Worth city code.
It doesn't rationalize the attack, but be mindful that the owners of the dog who was attacked failed to adequately protect their animal as defined by law.