The Austin City Council decided on a 5-2 vote Monday evening to keep the designation of “dangerous dog” on an Austin man’s pit bull, along with the order to have it euthanized.

During a public hearing, David Davenport appealed to have the dog’s life spared, and said he was ready to agree to any terms that would come along with it.

“My dog was not a bad dog,” he said. “I love the dog like it’s my child. I ask that you be a little lenient with me.”

Davenport asked in a June 29 letter to the city that the designation of “dangerous dog” be lifted and replaced with “potentially dangerous dog” after his dog killed a Chihuahua at the city’s recently-constructed dog park. He cited the animal’s previously clean record of not barking or fighting with other dogs in the four years he had him, and said he regretted the other dog was killed.

While council members showed some hesitation — especially because the violence had been a unique incident for the dog — they decided Davenport’s case would not be an exception.

“I think the city of Austin relies on us to enforce the ordinance as written,” said Council Member Steve King.

Mayor Tom Stiehm added that dogs would naturally find ways to move between the smaller dog section of the park and the area for the big dogs, and it would likely happen in the future.

On June 24, officers went to the dog park where Haley Battin, 19, said the pit bull somehow got into the section for small dogs, violently shook her Chihuahua and killed it at about 8 a.m. that Sunday.

“I was crying; I couldn’t think,” Battin said. Though her dog did not bleed or have puncture wounds, the shaking did kill it. She said she realized her dog was dead immediately after it was released from the other dog’s mouth.

Davenport, 42, left the dog park that day, but he did report the attack until about 6 a.m. the following day. He said he left because he thought the Chihuahua was only injured, and he saw no blood.

While it was unclear how the pit bull got into the fenced area for small dogs, Austin Police Officer Ryan Jones said the gate was “less than adequate,” and noted that the dog could have gotten through to the small dog section that way.

An Austin Parks and Recreation supervisor has since fixed the gate.