Albany Georgia looking into breed discriminatory law

The Albany City Commissioners are looking into changes to the city’s dangerous dog laws.

A citizens advisory committee has been approved to investigate the issue and make a recommendation to the Commissioners. The city Attorney has already began work on an ordinance that would single out pit bulls by requiring special registration, containment regulations, insurance and other restrictions that have yet to be named. At least one Commissioner, Tommie Postell, has spoken openly in opposition to singling out dogs based on breed.

There seems to be a lot of media bias at play here.  One Commissioner Robert Marietta said in a recent article, “That is a breed that has a proven propensity to bite.  We haven’t seen a whole lot of it around here, but there are news items from all over the country of little kids being mauled by pit bulls.”

The city’s current ordinance categorizes a “dangerous dog” as one that has bitten someone or caused an injury.  The current city ordinance (Part 2, Chapter 10) is a rather good one that offers stiff penalties and very clearly outlines the responsibilities and legal rights of those in the community.  This is probably one reason why Albany has not had an overwhelming issue in the community, though there is a very real possibility that they are not enforcing the laws. If there is any issue, it is not a failure of the law, which is quite comprehensive, but one of enforcement.

There are no dates at this time and since this is still in the discussion and drafting stage it is extremely important to reach out to city officials to politely offer evidence of the failure of breed discriminatory laws and breed neutral alternatives to help strengthen any areas officials feel are lacking in the law.

Commissioners e-mail information:

Mayor Dorothy Hubbard: dhubbard@albany.ga.us

Commissioner Jon Howard: jhoward@albany.ga.us

Commissioner Ivy Hines: ihines@albany.ga.us

Commissioner Christopher Pike: cpike@albany.ga.us

Commissioner Roger Marietta: rmarietta@albany.ga.us

Commissioner Bob Langstaff: bob@langstafflaw.com

Commissioner Tommie Postell: tpostell@albany.ga.us

Waterford Michigan to hear repeal of ban June 10th

The repeal of Waterford Michigan’s long-standing breed ban will be heard for the first time during their June 10th township meeting.

The leg work of the repeal is being headed up by O.D.O.G.S, Oakland County Dog Ownership Group and Specialists. The group was founded by Mary Dunham after her dog was determined by Waterford officials to be a targeted dog. A DNA test was conducted after the township demanded it. The test determined that the dog, Keane, had no DNA from any targeted breed, and was mostly a lab.

O.D.O.G.S drafted a responsible pet ownership ordinance that would take the place of the current breed discriminatory law and has been working for some months now to educate the community about what a repeal would mean for everyone and to address concerns. The proposal was submitted on January 7th and officials have been taking their time reviewing all the information submitted to them.

The ban, which was enacted in 1989, includes any dog with even 1% of a targeted breed.  There are 3 breeds singled out, American Staffordshire Terrier Staffordshire Bull Terrier and American Pit Bull Terrier.  The ordinance is extremely broad sweeping in its language.  From the ordinance:

Pit bull or pit bull terrier means any dog which exhibits those phenotypical characteristics which:(1) Substantially conform to the breed standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers.(2) Substantially conform to the breed standards established by the United Kennel Club for American Pit Bull Terriers. The standards of the United Kennel Club referred to herein as “Appendix A,” shall remain on file with the Township Clerk. Technical deficiencies in the dog’s conformance to the standards of this definition shall not be construed to indicate that the subject dog is not a “pit bull terrier” under this article.

This definition, with the inclusion of the language about technical deficiencies, casts such a wide net that virtually every short-haired dog becomes a target.

The ordinance is an interesting study because they include the reasons for passing it. Two particularly interesting pieces are found in Section 3-078 item (g)”4. The pit bull terriers’ massive canine jaws can crush a victim with up to two thousand (2,000) pounds of pressure per square inch, three (3) times that of a German shepherd or doberman pinscher, making the pit bull’s jaws the strongest of any animal, per pound.

5. The breeds are almost impossible to confine without resorting to fortress-like measures; pit bull terriers can climb over high chain link fences and trees, tear metal sheeting with its teeth, attack through chain link fencing, tear loose its collars, and dig under fences and walls, requiring the adoption of breed-specific restrictions on the care and custody of licensed pit bull terriers for the protection of the citizens of this community.”

Thanks to Dr. Brady Barr, we now know that the bite force of a “pit bull” is weaker than other breeds of dogs and other studies have shown that jaw strength is directly related to the size of the dog’s head, the larger the head, the stronger the jaw.  Section (5) is an amazing example of urban legend in action within the law.

Waterford is utilizing the materials from the UKC to visually make the determination a dog is banned.  The UKC has publicly and repeatedly announced that the use of their standards  and literature to enforce a breed discriminatory law is a violation of their copyright and an abuse of the material.

There is really not much of anything else regarding dangerous dogs in the code of ordinances.  They have 2 classifications of nuisance dogs but none for a potentially dangerous or dangerous dog. Dogs that bark excessively and dogs that “habitually attack other domestic animals” are the same by classification.

Waterford’s current laws are the perfect example of a complete failure to address the issues that cause dangerous dogs in any meaningful fashion, while allowing people to have the feeling they are protected.  The thinness of the law should be extremely concerning to all residents. The responsible pet ownership proposal will cover the gaping holes in the current law and protect all members of the community.

The proposal can be viewed here.

Waterford residents: Please attend the meeting to urge officials to help make the community safer by enacting the proposal and repealing the ban. The information the ban was relying on is outdated and the current law insufficient to affect community safety.  A change is needed and now is that opportunity for change.

Nevada AB 110 goes to the governor to be signed into law

Today is a great day for Nevada communities.  AB110, the bill to prohibit breed discriminatory laws on the state level, has passed the full Senate with a vote of 20-1.

AB110 was introduced February 13 and sat waiting for the first committee meeting until April 9th.  It was amended during the second reading and passed the full House on April 15th with a unanimous vote.

When the bill was sent to the Senate committee it hit a road block. According to Laura Handzel of Best Friends Animal Society, the primary opposition centered around 2 issues. The first issue was a general lack of knowledge about breed discriminatory laws and how they impact the community both personally and financially. The second issue was about home rule. Simply put home rule is an amendment in a state constitution that grants cities, municipalities, and counties the ability to pass laws to govern themselves as they see fit. Several legislators expressed concern over telling municipalities what kind of dangerous dog laws they cannot pass. There was a general concern stepping on the rights of cities and towns to self govern. Once explain that the bill would protect citizens from the towns overstepping their rights this issue resolved in a vote that shock advocates involved. Some dissension had been expected but ultimately the bill passed the committee with a unanimous vote.

And now AB110 has passed the full Senate with only one opposing vote.  This strong stand of almost complete agreement by all the Representatives and Senators is a wonderful thing to see. We know intellectually that support for breed discrimination is the small minority, but having such resounding legislative support shows concretely where the majority of people really stand on this issue.

The bill now moves to the Governors desk to be signed into law.

Nevada is the 14th state to enact this kind of protection for it’s citizens.

Congratulations to everyone involved in getting AB110 passed, for all the hard work put in to address the concerns of legislators.

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