Pit bulls that mauled a chihuahua had been ordered to be muzzled

Pit bulls that mauled chihuahua were previously ordered by NYC to be muzzled

FOX 5 NY's Michelle Ross on the legal battle between owners after vicious dog attack in Manhattan.

UPPER WEST SIDE - The owner of the two pit bulls that mauled Penny the chihuahua had been ordered to keep his dogs muzzled and walk them separately before the attack.

Pit bulls ordered to be muzzled by NYC

What we know:

FOX 5 NY's Michelle Ross learned that Joseph Columbus, the owner of the two pit bulls that attacked 10-year-old Penny the chihuahua nearly a month ago, had been ordered to muzzle his dogs whenever they're in a public space. The order also stated Columbus could not walk both of his dogs at the same time.

This order was issued by the New York City Department of Health and Mental Hygiene after Columbus' pit bulls allegedly attacked and killed another small dog in Central Park in January of this year.

Both orders were not complied with when Penny was attacked in the Upper West Side earlier this month. The punishment for noncompliance, according to the letter, is a misdemeanor, "subject to civil and/or criminal penalties, including forfeitures, fines and imprisonment."

Penny's recovery, owner's legal battle

"This all could have been prevented," Penny's owner, Lauren Claus, told Ross, citing the letter issued by the Department of Health and Mental Hygiene. "Penny's attack could have been prevented." Claus' lawyers obtained the letter issuing the orders to Columbus.

Claus questions the District Attorney's action on this, questioning the efficacy of these laws, considering the order was issued to Columbus a month before Penny was attacked.

She continues to fight a legal battle to not only hold Columbus accountable, but to support Penny's Law, proposed legislation that seeks to hold pet owners criminally accountable for negligent handling of aggressive dogs and for leaving the scene of an animal attack.

Penny's Law also seeks to address the lack of investigation into dog attacks, as dogs are currently considered "property" under state laws. 

The law was proposed by Assemblymember Jenifer Rajkumar. "It will create consequences for leaving the scene of an animal attack. It will crack down on people who keep letting their dogs off leash over and over again," Rajkumar said.

Regardless, Claus is grateful for Penny's recovery. "She can jump, she's happy, she's back to her own personality."