A Menlo Park couple are petitioning San Mateo County Superior Court to overturn the city's decision declaring their 3-year-old golden retriever a dangerous animal, a designation they called “quasi-criminal.”
A husky was left with a wound after an altercation in August with golden retriever Bär. Bär’s owners, Menlo Park residents Tobias Kunze and Liliana Kunze Briseño, said they were not in town at the time of the incident, and Bär was with a neighbor. The petition filed with the court states that the husky's wound was cleaned by the vet and required no sutures.
“The state of California has started really overstretching their response to regular dog behavior,” Christine Kelly, the family’s attorney said.
The Kunze family maintains that Bär exhibits good behavior on his daily outings. They said that Bär has had thorough training from certified canine experts and has specifically been trained on leash walking.
“(Bär is) super happy, eager to please, friendly, sunny character,” Kunze said.
The Kunze family says that having an animal that is designated as dangerous is more taxing than people often realize.
Kunze Briseño describes the requirements as “draconian." They include 6-foot fencing around their yard, Bär can't go to a boarding facility and must be leashed at all times. They even have to notify animal control if they move. Any violations could result in criminal charges, brining fines and even jail time, according to the Kunzes.
“It’s a quasi-criminal designation masquerading as an administrative decision,” Kunze said.
In an interview, the family claims that the dangerous animal decision was based on one person's report and that the San Mateo County Animal Control officer had allegedly made a decision when she showed up at the Kunzes home. According to the petition, the animal control officer was greeted by a docile Bär, who went up to the officer for petting. She said that Bär was cute, but needed to be leashed from now on, the petition states.
The Kunze family says that this incident reflects a larger issue with animal control in San Mateo County.
“Its not just about our dog, there's important community issues at play here,” Kunze said.
The owners of Bär also filed 29 character affidavits from those who know the dog, many of which talk about Bär’s track record playing well with both children and other animals.
“Bär has always been the kindest, non-aggressive dog I have ever met,” neighbors Ryan and Leigh Anne Williams wrote in their statement. “Bär is one of the reasons we also wanted to get a dog.”
The Kunzes said they will continue to fight the dangerous animal designation, calling their pet a kind and loving animal.
“A dog can't even be a dog these days, Bär’s behavior was normal dog behavior under ordinary circumstances,” Kelly said.
