Warning ~ NOT TOG related

[Patricia Bernal]

Hi everyone!

Doug, my husband, recently got a contract to build more trails on San Vicente Creek. It's something about rails to trails IDK; you'll have to ask him or Bob Schiowitz for  more details. Tuesday he was riding on San Vicente Creek  heading to Scott Park when 3 dogs attacked him! He crashed on his bike and basically beat the dogs off of himself. The owner was standing in the woods nearby and did or said nothing. Doug was not bit or seriously injured but if it would have been me or a child I;m afraid things would have been different. Please be careful out there. If possible, ride with someone and report to the group or police of any odd behaviors out there! It is such a beautiful place, we need to feel safe riding and walking out there. 

Another concerning thing is Fran recently had an incident with a dog in our neighborhood. The  dog did not stop attacking her dog when she sprayed it with Dog Spray. So stay alert, stay armed in the manner you see fit! 

Take care all , enjoy the tour and hopefully see you out on the trails. 

Patti

[Michael Sauber]

I hope to hell Doug reported it to authorities. Especially since the owner did nothing.

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[tom noaker]

What breed?

The owner needs to be held accountable.

Fortunate Doug is OK.

TN

[Miriam Hill]

Thank you for letting us know! 

Miriam Hill

Sterling Fine Art

307 N Texas Street

Silver City, NM. 88061

On Apr 25, 2024, at 3:12 PM, Patricia Bernal <patri...@gmail.com> wrote:



[Patricia Bernal]

2 collies and a reddish pit bull/ lab mix. He will be working down there in a few weeks if he sees them again he’ll probably take pics and call authorities. It’s just such a hassle to call authorities. Every time we do we have to show our ID and talk for a long time and nothing happens. I’ve been told if we don’t have pictures of them attacking or some kind of proof they can’t  do anything. It’s pretty hard to document when you’re on the run! Stay safe out there!

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[dave baker]

Hi Patti,

Thanks for the heads up & sorry to hear that Doug was attacked.  I wouldn’t guess that Collies would be aggressive like that, but who knows how they were trained considering the behavior of the owner. 

I’m happy to hear that Doug got a contract to build more trails down at San Vicente- an area that is prime for more well designed trails. That section has long been plagued by squatters leaving trash and sketchy characters. A solid trail system will encourage more use of the area which will hopefully keep people who trash the place out. 

-Dave B

Silver City Cycles/ The Bike Works

On Apr 26, 2024, at 5:54 AM, Patricia Bernal <patri...@gmail.com> wrote:



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[tom noaker]

The place needs a professional overhaul and you're right about more recreational traffic as a deterrent.

Not sure how much work Doug will be doing but I'm available to help if needed.

TN

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[Chris Bare]

I’m so sorry Doug. I hope you are doing well. Unfortunately, I can attest to the fact that law enforcement isn’t taking this seriously as an issue in our area. I was attacked at the beginning of the year and ended up spending a day in the hospital. I managed to get pictures and the owners drivers license. The police literally came to the hospital while my wounds were being flushed by the ER doc and did an interview. I was told my case would end up being low priority because I wasn’t critically injured. Animal control can’t decide if the attack occurred in city limits or the county even though I sent them my Strava file and pointed out where the attack occurred. 

Christopher Bare MS, BSN, Paramedic

Associate Professor 

DACC/NMSU

Business and Public Services Division 

Emergency Medical Services Department 

On Apr 26, 2024, at 10:33, tom noaker <tnoa...@gmail.com> wrote:



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[Ciro Chairez]

I informed the Chief of police. I sent it straight to his cell phone. He is aware now. 

Best Regards

Ciro Chairez

505-385-2514

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[Ciro Chairez]

I called Town of Silver Community Development. They will reach out to Code Enforcement dept and that dept will look into it.  I spoke to a Maria at Community Development. 

Best Regards

Ciro Chairez

505-385-2514

On Apr 26, 2024, at 10:43 AM, 'Chris Bare' via SilverCityCycling <silverci...@googlegroups.com> wrote:

 I’m so sorry Doug. I hope you are doing well. Unfortunately, I can attest to the fact that law enforcement isn’t taking this seriously as an issue in our area. I was attacked at the beginning of the year and ended up spending a day in the hospital. I managed to get pictures and the owners drivers license. The police literally came to the hospital while my wounds were being flushed by the ER doc and did an interview. I was told my case would end up being low priority because I wasn’t critically injured. Animal control can’t decide if the attack occurred in city limits or the county even though I sent them my Strava file and pointed out where the attack occurred. 

To view this discussion on the web visit https://groups.google.com/d/msgid/silvercitycycling/A8DC0373-8A61-416B-9300-BB8478020277%40nmsu.edu.

[Joyce Jensen]

Oh, patty, I am so sorry! We will keep our eyes open. Terry was also bitten by a dog out  there.  We will report anything we see. Tell Doug thanks for any new trails! 

Sent from my iPad

On Apr 25, 2024, at 3:11 PM, Patricia Bernal <patri...@gmail.com> wrote:



[jim york]

It’s good to see this sharing of dog attack reports so that we can be forewarned. Aside from the issues of how seriously (or not) law enforcement is taking the problem and potential rabies infection, I wanted to share what I have learned about the law. 

I’m no lawyer, but I found this useful summary of New Mexico dog bike law: https://www.dogbitelaw.com/one-bite-state/new-mexico-dog-bite-law/ 

The one bite rule seems to mean that the owner is not liable until after the first attack and that attack being duly reported to police or animal control and the owner being officially notified. So reporting it is crucial, or at least should be if there would be police or animal control follow-up. The first bite is free of liability!

Curiously, livestock seem to be held in higher regard than people. If a court finds that a dog injured livestock, the dog owner is liable and that dog shall be killed even if it was the dog’s first attack. 

Jim (unfortunately, the Honey Badger side of me does not seem to protect against dogs)

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[Ciro Chairez]

I reached out to the Town Manager and left him a voicemail about this issue and then I reached out to a town council member but he just stepped down yesterday from his post. But if it is in the county, the city won’t touch it with the 10 foot pole. But the town council member did tell me this  detail: Or, you can go and address council during public input, you must sheet to speak.  Just know that when addressing council, you are allowed 5 minutes to speak and members of council can not respond to any questions that u may have. 

One time long ago, one of my neighbors was knocked down by some dogs and my dog was friendly and playful, but he was involved. So I quickly looked up how much of it it would be responsible for or I would be responsible for and it said 100% of all medical costs in regards to her injury. I did end up speaking to my neighbor while she was recovering, and she said my dog did not touch her or jump on her and it was due to the fact that her dogs leashes wrapped around her legs and that’s when she tripped. But if my dog would’ve touched her, I would’ve been 100% responsible. And that is the law. 

I will also reach out to County officials, but I do need to know the exact area whether it was in the county or city and go from there.

Best Regards

Ciro Chairez

505-385-2514

On Apr 26, 2024, at 10:43 AM, 'Chris Bare' via SilverCityCycling <silverci...@googlegroups.com> wrote:

 I’m so sorry Doug. I hope you are doing well. Unfortunately, I can attest to the fact that law enforcement isn’t taking this seriously as an issue in our area. I was attacked at the beginning of the year and ended up spending a day in the hospital. I managed to get pictures and the owners drivers license. The police literally came to the hospital while my wounds were being flushed by the ER doc and did an interview. I was told my case would end up being low priority because I wasn’t critically injured. Animal control can’t decide if the attack occurred in city limits or the county even though I sent them my Strava file and pointed out where the attack occurred. 

To view this discussion on the web visit https://groups.google.com/d/msgid/silvercitycycling/A8DC0373-8A61-416B-9300-BB8478020277%40nmsu.edu.

[tom noaker]

I was attacked on little walnut 12/02/24 by two dogs resulting in a concussion (I was unconscious in the road for more than a minute) scrapes/contusions, ruined helmet-glasses-jersey and shorts. CT scan, 4hrs in ER later released. Off the bike for a week. The dog owner had been cited twice the previous week (no injuries but riders were forced to defend.

Magistrate found the owner guilty of harboring a viscious animal, no restraint no attempt to control; fined$3k and ordered the dog euthanized. Owner appealed to District court; the case has been continued for a 3rd time with no scheduled date yet. 

Coming up on 1 year and still no fines paid, both dogs still alive, one still in residence on Walnut (witnessed unrestrained just last week).

"There are no bad dogs, just bad dog owners."

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