Benny The Dog Has His Own Law Now

LEVITTOWN, NY — Benny the Tibetan Terrier almost lost his life in a dog attack near his Levittown home two years ago and he still bears the emotional scars.

But, his owner, Nassau County Legis. John Ferretti, is hoping that he will be the last dog to suffer that fate now that Benny’s Law — new legislation named in his honor — will mandate the owners of dog deemed dangerous by the court to place them on a registry and alert nearby neighbors.

The legislation was passed unanimously by the Nassau County legislature last month and signed into law by County Executive Laura Curran on Thursday.

Ferretti said the legislation will now offer more protection by making owners of dogs deemed to be dangerous by the courts responsible for alerting neighbors of the threat they pose.

“Hopefully it will help keep dogs safer and prevent their owners from having to go through what Benny, my family and I have had to endure,” he said.

Benny was attacked by a dog outside his home and Ferretti and his two neighbors tried to pry the dog's jaws from him, but they were unsuccessful, Ferretti said. It was not until Benny stopped struggling, that his attacker let go. He suffered five fractured ribs, bruised lungs, a fractured chest cavity and cuts requiring multiple surgeries that cost thousands of dollars, and now the Ferrettis have difficulty bringing him outside, according to Ferretti.

What Ferretti did not know at the time was that the dog that attacked Benny was involved in previous attacks that could have been prevented if he had known about its history, he said.

Inspired by this, he devised Benny's Law, mandating that if a judge determines a dog meets the "high threshold" of being considered a dangerous dog, then its owners must mail a copy of the judicial order, as well as notification to neighbors within an 1,000-foot or roughly 6-block radius placing them on notice.

The notification must also include the dangerous dog's identifying traits and address, and an affidavit of mailing must be filled out afterwards.

It also requires dogs deemed dangerous to be placed on a registry compiled by the Nassau County Police Department and the Nassau Society of Prevention of Cruelty to Animals. The registry will include a description of the dog, including its breed, weight, age and color, as well as the address where it is housed, the date of the attack, and the duration of its designation as a dangerous dog.

Violators of Benny’s Law could incur a $500 fine, and an additional fine of $100 a day for every day that they do not comply.

The dog, which bit Benny in the frightening attack, had a history of attacking other dogs and was later deemed dangerous by a judge, Ferretti said. The dog was returned to its owner because it did not attack any of the people who were present, however, there was no notice given to neighbors, he said.

The dog's dangerous designation will be lifted after two years if there are no more incidents. His office declined to release the name of the dog's owners so that they could be contacted for comment.

At a news conference announcing the legislation in February, Feretti said that it has been just as frightening for him to watch people walk with their pets and young children past the house where Benny’s attacker lives, unaware that a "dangerous animal" lives "20 feet away" behind a thin wall of sheet rock, he said.

"This legislation will help to keep residents safe and informed; hopefully saving residents from having to go through what Benny, my family and I have had to go through," he said.

Ferretti urged residents to contact police in the event of a dog attack, noting that the legislation, once passed by the full legislature, will be triggered by police documentation.

Nassau Society of Prevention of Cruelty to Animals President Gary Rodgers said there is no mechanism for tracking a dog that has been labeled a dangerous dog between the townships, but the Benny's law database will help keep neighbors informed of "other dangerous dogs throughout the county."