Springville Alabama is considering a multi-breed discriminatory law

On May 6th the Springville City Council tabled an ordinance that would redefine what a dangerous dog is.  The current suggestions include breed discriminatory language that would target “any pit bull terrier which is defined as any Cane Corso breed of dog, American Pit Bull Terrier, American Staffordshire Terrier or Bull Mastiff breed of dog.” 

This is by far the strangest inclusion of breeds in a definition of a “pit bull terrier” that I have seen so far. The very fact that the American Pit Bull Terrier is not the first on the definition, but Cane Corso is, is extremely telling about how much the officials understand about the topic.

The ordinance would require owners of targeted dogs to get a special registration, confine the dog according to the law, muzzle. Initially the idea of insurance was brought up but was rejected.

The director of public works has stated that they were “mirroring” other towns ordinances and that the changes are a cross-section of the laws of neighboring towns.

Mayor William Isely is showing some hesitation. He has said that he does not want to be premature in enacting this ordinance and thought that it needs more looking into.

The next work session was supposed to be on May 22 but needed to be cancelled because one of the members could not attend.  There is currently no date for the session, though it should come up soon.

Because they are still in the work session stage, it is extremely import to reach out and offer opposition to this ordinance. Politely ask that they institute a strong breed neutral ordinance instead and reject breed discrimination.  Showing that a breed discriminatory law would open them up legally and would not help the community, and then offering alternatives will go a long way. The Mayor and Council are putting work into this, let’s help them out to avoid the trap BDL creates.

Mayor William Isely: wisley@springvillealabama.org

Councilman Hugh Marlin: hmarlin@springvillealabama.org

Councilman Wayne Tucker: wtucker@springvillealabama.org

Councilwoman Katrina Hennings: khennings@springvillealabama.org

Councilman Chip Martin: cmartin@springvillealabama.org

Councilman David Jones: djones@springvillealabama.org

Councilman Larry Jones: larryjones@springvillealabama.org

Great Bend KS to discuss ban

The Great Bend City Council will discuss a possible breed ban during their next meeting.

The meeting will be held on Monday May 20th.

There is limited information at this time about what positions the council takes and this appears to be a residents request that is being considered. The Council will consider a ban on “pit bulls and other vicious dogs.

The Great Bend City Council will meet at 7:30 p.m. Monday at the City Office, 1209 Williams, Great Bend, Kansas.

Residents and locals: Please attend the meeting to respectfully and factually support breed neutral laws. Alternatives to breed discrimination can be found here. Tips for contacting legislators can be found here.

If you cannot attend the meeting please write with your opposition to a ban.

The Great Bend staff directory can be found on the cities website.

There are no e-mail addresses available for the individual council members but you may write to the City Administrator City Howard Partington at
hdpart@greatbend.com with a note that the correspondence is for the council.

Darlington WI repeals breed discriminatory ordinance

At the May 7th meeting of the Darlington Common Council, officials heard a motion to repeal the breed discriminatory portion of the city code.

The change was requested by a resident, Jeanne Bailey, who had moved to town and was denied registration for her dog.  Though she had the dog for years without incident because the law in Darlington focuses on the appearance of the dog and not its behavior, this dog would have been classified as vicious. The dog was considered a pit bull and under the law at the time pit bulls were declared vicious by default.  The old code defined vicious dogs, in part, as:

“4. Any pit bull dog.
 
(b) Pit Bull Dog.
 
1. The pit bull terrier breed of dog.
 
2. The Staffordshire bull terrier breed of dog.
 
3. The American pit bull terrier breed of dog.
 
4. The American Staffordshire terrier breed of dog.
5. Dogs of mixed breed or of other breeds than
listed under subpars. 1. to 4. above whose breed or mixed breed is commonly known as pit bull, pit bull dog or pit bull terrier.”
A recent article outlines the repeal very briefly. Bailey approached the chief of police, Jason King, who advised her to bring the matter to the Common Council. King stated he had been approached several times in the recent years requesting a change to the law but no one had ever followed through with bringing the matter before the Common Council until now.  The most city officials seem to have a keen understanding of what the problems were with the old ordinance.  Alderman Jon Sonsalla was quoted, at the meeting, saying, “You want to go after the behavior, not the breed.”
The repeal was passed, making Darlington officially a breed neutral community.

Hearing set for Massachusetts S969, to allow breed discriminatory laws on the state level

At the end of 2012, the Massachusetts legislature passed a comprehensive animal control act.  This new law contained a clause in it that subverted all breed discriminatory laws in Massachusetts, making breed discrimination illegal on the state level.

Boston officials were extremely unhappy with this clause and as a result immediately filed S969 which would create an exemption in the state law prohibiting breed discriminatory laws.  The language of the bill states that a municipality would be able to institute breed discriminatory laws if

a city or town deems a specific breed to be deemed dangerous through analysis of municipal attack data and by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for the purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government.”

The bill sets forth no clear rules for what constitutes proof in regards to data collection methods or data analysis.  The bills backers seem to want people to take their word on what they deem to be a “dangerous breed.”

Despite claims from the bills backers that they have data that would allow Boston an exemption under the proposed changes, no such data has ever been provided to any constituents that have made the request to see this data.

Pit Bulletin Legal News drafted a Freedom of Information Act Request, which can be viewed here, in an attempt to access the information that officials were relying on to make the determination that Boston should be allowed to re-institute their breed discriminatory ordinance.

This bill has been set for a hearing date.  The Joint Committee on Municipalities and Regional Government is set to hear this bill on June 4th.

Massachusetts residents: Reach out to the members of the committee and your legislators to offer opposition to S969. All members of the committee are listed below. You can find you specific representatives here.

Senator Sal DiDomenico: Phone: 617-722-1650 Email: Sal.DiDomenico@masenate.gov

Senator Sonia Chang-Diaz: Phone: 617-722-1673 Email: Sonia.Chang-Diaz@masenate.gov

Senator William Brownsberger: Phone: 617-722-1280 Email: William.Brownsberger@masenate.gov

Senator James Timilty: Phone: 617 722-1222 Email: James.Timilty@masenate.gov

Senator Barry Finegold: Phone: 617-722-1612 Email: Barry.Finegold@MASenate.gov

Senator Richard Ross: Phone: 617-722-1555 Email: Richard.Ross@masenate.gov

Rep. Sarah Peake: Phone: 617-722-2090 Email: Sarah.Peake@mahouse.gov

Rep. Gailanne Cariddi: Phone: 617-722-2450 Email: Gailanne.Cariddi@mahouse.gov

Rep. Thomas Stanley: Phone: 617-722-2230 Email: Thomas.Stanley@mahouse.gov

Rep. Sean Garballey: Phone: 617-722-2090 Email: Sean.Garballey@mahouse.gov

Rep. Rhonda Nymann: Phone: 617-722-2210 Email: Rhonda.Nyman@MAhouse.gov

Rep. Wayne Matewsky: Phone: 617-722-2090 Email: Wayne.Matewsky@mahouse.gov

Rep. Kevin Kuros: Phone: 617-722-2460 Email: Kevin.Kuros@mahouse.gov

Rep. Cleon Turner: Phone: 617-722-2090 Email: Cleon.Turner@mahouse.gov

Rep. Timothy Madden: Phone: 617-722-2810 Email: Timothy.Madden@mahouse.gov

Rep. David Rogers: Phone: 617-722-2400 Email: Dave.Rogers@mahouse.gov

Rep. Peter Durant: Phone: 617-722-2060 Email: Peter.Durant@mahouse.gov

Flemingsburg Kentucky City Council passes first reading of breed ban

At Monday nights meeting, Flemingsburg Kentucky City Council voted unanimously to alter their current breed discriminatory ordinance, which regulates pit bulls, to a complete ban.

Members of the council cite complaints from their constituents about dogs at large as the reason for the change.  Once again, a municipality has instituted a breed specific ordinance that has failed to increase the overall safety of the community.  Instead of recognizing the ordinances failures and instituting strong breed neutral regulations, they choose instead to continue to waste resources on targeting dogs based on their appearance.

All dogs deemed to be a targeted dog would have to be removed 30 days after the passage of the proposal.  A fine of $250 accompanies the loss of the dog.

All members of the community should be concerned about the current state of animal control. Proper reform will finally begin with officials abandoning the breed discriminatory laws and instituting a strong owner based law that would provide hefty penalties for non-compliance and a more easily enforceable standard.  The community will find much more of the animal control resources available to address problem owners when they stop targeting dogs based on appearance.

Flemingsburg residents and locals: The second reading of the ordinance will be on June 10th.  Reach out, politely, to officials to offer breed neutral alternatives, that would increase public safety and keep animal control funds where they need to be.

Often officials do not know what they are doing in crafting these ordinances. It is up to those of us who are knowledgeable to help point them in the direction of effective laws.

Contact information for the council is spotty.  Some of the Council members have chosen to not provide contact information but others have.

City Clerk Joy Roark: joyroark@altiusbb.com

Council Member Meredith Story: MLSTORY@windstream.ne

Council Member Scott Manning: (606) 845-6301

Council Member Van Alexander: (606) 845-1531

Nevada, AB 110, to prevent breed discrimination, advances to full Senate vote

A bill to prevent breed discrimination at the state level has been working its way through the Nevada legislature. Despite some opposition during the Senate Judiciary Committee, we have just found out that AB110 has passed the committee unanimously.

The results of the vote can no doubt be linked to the hard work of representatives from Best Friends Animal Society. Last week on Pit Bulletin Legal News Radio, Laura Handzel discussed some of the issues that had been raised by the committee and how, through respectful and clear communication, the concerns of the legislators were addressed.  Most of the objections revolved around either the issue of home rule or a general misunderstanding of the bill and breed discriminatory laws in general. The efficacy of the approach is reflected in the unanimous vote.  Even those legislators who had the largest opposing voice voted in favor of ending breed discrimination in Nevada.

Nevada residents: The bill is almost there! The full Senate vote should come up soon so please contact your Senators to ask that they support this bill. After the vote it just needs to be signed into law. Reach out and ask your Senators to support this bill.

You can find your respective Senators here.

Or if you are having trouble with wording you can us the contact form Best Friends has set up. Click here for the Best Friends Action alert.

California legislator intends to try to repeal state protection from breed discrimination

Following a fatal attack on a jogger, Los Angeles County Supervisor Mike Antonovich has announced intentions to approach the state legislature and ask them to repeal the portion of California state law that prohibits breed discriminatory laws on the state level.

The current law allows mandatory spay/neuter to be passed but bars municipalities from enacting any other laws directed at the breed of the dog. In 2005, the law was amended to allow spay/neuter by SB861, which had initially been a proposal to allow any kind of breed discriminatory laws, but was amended down in committee.

“We’re going to go back to the state legislature and see if we can change that law, allow the local communities to make up their own minds with regards to breeds,” said Tony Bell, spokesman for Antonovich. “Pit bulls are a different breed of animal. They’re capable of incredible damage to humans, to other dogs, to horses.” (read more)

Interestingly, Antonovich himself points out that this has been the only fatal attack attributed to pit bulls ever in Los Angeles County. As it stands the ID of the breeds of dogs involved is spotty at best.  The attacking dogs were ID’ed by a motorist, and the dogs ran into the desert after the attack.  A group of dogs have been confiscate from a local man and will be DNA tested to determine if they were involved in the attack.  These results are expected Friday. The dogs in question have a history of aggressive behavior, the owner has a history of engaging in illegal activities and there is no doubt that the owner was not operating proper control of the dogs. If it comes out that these were, in fact, the attacking dogs, we have a long history of owner failure that the attack can be traced back to.

This does not just affect “pit bulls.”  Should the state law be changed to allow breed bans and restrictions there are many other breeds that are targeted, as well as dogs who are not those breeds but just happen to have some vague resemblance to them.  All dog owners are at risk when breed discrimination is allowed. This would also have sweeping consequences for people who utilize service dogs and members of our military.

California residents: It is extremely important that this never reach the legislature, so reach out now to oppose breed discrimination. Below are links to contact your legislators, as well as Supervisor Antonovich. Please reach out, respectfully, factually and unemotionally to oppose any form of breed discrimination because of its failure to make communities safer.

Los Angeles County residents: Constituents voices always hold more power. Please write Supervisor Antonovich to ask him to reconsider and offer your factual and professional opposition to breed discrimination.

If you are have trouble with what to say, please see our “What is BSL?” tab.

Supervisor Antonovich’s website has an e-mail contact form which can be found here.

You can find your legislators on the states website.