City eyes dangerous animal ordinance
Recent attack spurs city to investigate regulations
BY BRADLEY "B.J." DAVIS, JR. Gulf Breeze News bjdavis@gulfbreezenews.com

Gulf Breeze City Council is considering enacting a dangerous animal ordinance detailing city policy on how to handle animals once they are deemed dangerous.

On Jan. 11, three dogs owned by Alec and Rhea Kessler attacked Deer Point resident John McDaniel, and city council members are concerned about potential weaknesses in city codes and ordinances to ensure public safety.

"The council is simply considering whether to allow staff to investigate this matter to perhaps prepare a proposed ordinance on the subject matter," said City Attorney Matt Dannheisser. In a memo, City Manager Edwin "Buz" Eddy explained the current contractual elements with Escambia County Animal Regulation and Control, the agency that deals with animal matters in Gulf Breeze.

Animal Control Director Bruce Rova said the investigation is complete and the dogs are designated as dangerous animals.

"A decision has been made, and I notified the owners that it was my intention to designate all three dogs, since they all participated in the incident, dangerous dogs under Florida Statute 767.12. They have seven days to request a hearing," said Rova. According to the Escambia County Animal Regulation and Control website, once an animal has been designated as "dangerous," the first offense carries a $150 fine. The fines for second and third occurrences are $300 and $500, respectively.

In light of the attack, city staff and council identified issues with the way city code is written to handle such cases.

"The weakness that appears as a result of this incident has two parts. First, we need to be informed of incidents such as this one as soon as the incident occurs," said Eddy. "Second, once an animal has been designated as dangerous, does the city need to establish guidelines that would prohibit a dangerous animal from being kept in a residential area?"

The owners of the dogs addressed the council regarding specifics of the guidelines.

"I think our dogs have done things that could deem them dangerous, certainly. We've never been required to do anything in any other incidences that occurred that were even looked at by animal control," said Alec Kessler. "We put up a sign, so we thought we were doing something to protect our animals and keep people off the property, and obviously that didn't work." Kessler added that McDaniel entered the property disregarding the posted signs.

"[McDaniel] came right up to the property, right past the sign. But the big question is if an animal is deemed dangerous, is that not suitable to control them. There's a list of requirements for those animals and those requirements are followed are a danger to your city or neighborhood."

Florida Statute 767.12(b) states, "A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member."

Mayor Lane Gilchrist said more needs to be done.

"We are going to proceed with some sort of ordinance to make up the gap between our animal control contractor once they've investigated and classified an animal as dangerous and what we do beyond that point. This is the first time it's come up to this degree," said Gilchrist. "What we're about tonight is authorizing staff to proceed doing some research on along those lines."

Other city residents felt enacting an ordinance was not the right approach.

"I want to say I am opposed to the ordinance that's going to be discussed. I think we're going down the wrong rabbit trail," said Shoreline resident Douglas Hightower. "First of all, if anybody knows anything about animals, it's the old adage of we don't have bad dogs, we have bad owners."

Kessler's wife Rhea defended her dogs' demeanor and gave an account of why she felt she had a right to have them.

"They are not bad dogs, they're great dogs. The first night that I moved into Gulf Breeze Proper, I was cornered in my driveway by a man and my German shepherd saved my life," she said. "We have not trained these dogs to bite. They are the sweetest, most loving dogs you could ever meet. They just instantly protect our home: our home where a man crossed a line that we begged by putting our home phone number on a sign at the end of our drive to please call before entering our property." Rhea explained that she was not being able to build a physical fence on her property as a result of the home's construction on wetlands. However, she said she has always had an invisible fence, and the dogs wear a device on their collars that is activated when they reach the perimeter of the yard.

According to 16-year-old Gulf Breeze resident and friend of the Kesslers, Philip Floyd, while visiting the home as he often did, the two great Danes attacked him.

"No one besides Mr. McDaniel and I know what it's like to get attacked by dogs this size. I've told the whole story to my parents, the doctor who took care of me and my friends, but they still don't know what really happened like Mr. McDaniel and I do," said stated in a letter.

Susan Bleiler, president of the Deer Point Homeowners' Association commented on concerns had by Deer Point residents.

"I'm a dog lover, and I appreciate the concerns for the dogs, but I also feel I have to speak on behalf of the association. This goes beyond just love for dogs," said Bleiler. "The concern of the association is that if these dogs are to get loose or if a young child were to wander over there who can't read, something very serious could happen."