Category Archives: BSL

Moreauville, LA, passes breed ban: Demands all current dogs be removed

On October 13th the small town of Moreauville, Louisiana, passed a ban on pit bull type dogs and Rottweilers.

The city has a little over 900 residents and no online presence.

Officials claim that they passed the ban at the request of  several residents.  These residents approached the council saying that they were unable to walk in certain neighborhoods because “these dogs were basically running along town.”  Alderman Penn Lemoine said the ordinance was enacted to “appease” these residents.

Officials say that there have been attacks but none have been documented.  This begs the question, what sort of animal control is in place, or was in place, before the ban?  Was it being enforced?  At the very least, it is clear that any laws that were in place were not being enforced.  We are attempting to get a copy of any pertinent legislation for review, but at this time, it is unclear if there are any laws on the books, or if there is an animal control agent tasked with enforcement.

The law does not have a grandfather clause.  This means that every single dog that matches the targeted type is at risk of being confiscated and killed.  A letter was sent out to residents saying that they must get rid of their dogs by December 1st or they will be confiscated and taken to a “veterinary clinic for further disposition.”

letter to remove dogs moreauville la

The city is threatening to remove people’s dogs and have them killed.  According to a local report, when the police chief was asked what would happen if dogs are not turned over voluntarily, the resident questioning the chief was told that, “They would come and get the dog and the dog would be disposed of and we would be fined.”

When pressed to clarify what “disposition” meant, Alderman Penn Lemoine refused, saying, “I’d rather not elaborate on that.”  Apparently, city officials are fine with passing a law that takes away and kills people’s dogs because of the way they look, but they are not comfortable talking about it publicly.

Something the Pro-BSL lobby claims all the time is that a ban doesn’t mean that dogs are taken away from their homes and killed.  They claim that these are scare tactics used by “pit bull advocates.”  They claim that all current owned dogs are allowed to live out the rest of their lives under a ban and that it is just new dogs that are not allowed.  We know from many places that this is not true, and this letter to owners of pit bulls and Rottweilers is just more evidence of that.  We at StopBSL would like a statement from BSL proponents, clarifying what exactly they mean, in the face of this evidence, that it is only a “scare tactic.”

Families with targeted dogs are seeking support to be able to keep their dogs.  There is a question as to the legality of taking property that was obtained legally at the time of the legislations passage (in this case dogs are considered property) and “disposing” of it.  There are also questions about the legality of the ordinance in general, though Alderman Lemoine seems to think it is legal.  Preliminary review from experts in the field of dangerous dog law disagree, pointing to numerous constitutional and due process issues.

Officials are claiming that if there is enough of an outcry, they might revisit the issue on the December 8th meeting.  This is completely insufficient.  The deadline for the targeted dogs is a week before the next meeting.

RESIDENTS AND LOCALS:  It is incredibly important that members of the council hear your voices.  The passage of the ban was kept relatively quiet until now.  It is important that people are heard but all communication must be professional, respectful and factual.  We know this is an emotional issue, but anger and vitriol achieves nothing except to alienate officials in a time when people need their voices to be heard the most.  Offer alternatives, such as containment laws and point out the many failures of breed discriminatory laws.

Moreauville City Hall:
Address: 9898 Bayou Des Glaises St, Moreauville, LA 71355
Phone:(318) 985-2338

Fosters are being lined up so that the targeted dogs can have a safe place to go, if needed, while this issue is resolved.  If you are local and outside the city limits of Moreauville, and can foster, please send a message to www.facebook.com/RepealBSLMoreauville.

One family affected by the ban has set up a Facebook page that can be followed. www.facebook.com/savingzeusybaby

Spring Hill, Kansas, repeals breed ban

Spring Hill Kansas has repealed their ban on “pit bull dogs.”

The old law, which was passed in 2008, defined a pit bull dog as follows:

Any pit bull dog.  (1) “Pit bull dog” means:
a. The bull terrier breed of dog;
b. The Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. Dogs of mixed breed or of other breeds than above-listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f. Any dog which has the appearance and characteristics of being predominantly of the breeds of Bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

The penalties for violation were severe, with fines of up to $2,000 and up to 179 days in jail.  This ordinance was rare, in that it included the reasoning for the original passage of the ban.

“1. That as a breed of dogs, all pit bulls are inherently dangerous.
2. That the possession of pit bulls within the City poses a significant threat to the public’s health, safety and welfare.
3. That numerous instances of attacks by pit bulls have occurred against members of this community and attacks by pit bulls in surrounding communities have resulted in serious injuries.
4. That protective measures by pit bull owners are inadequate to protect the public from attacks by these animals.”

On November 13th, the city council approved the final reading of an ordinance to repeal the breed ban.  The issue was originally raised at a previous meeting and the city took on the task of investigating the issue.  Topeka, Kansas’ dangerous dog law was selected for review.  The council notes  mention Topeka’s breed neutrality, and the issues they had found with their former breed discriminatory law and the cost to tax payers.

Topeka had a breed discriminatory law that was repealed in 2010.  It makes sense that the Spring Hill Council would look at the information from there, considering that Topeka had a committee that spent substantial time and energy reworking the animal control ordinances.

The breed neutral law goes into effect after its publication in the local news.  The new law will prohibit any dog that is declared dangerous, based on the actions of the animal, and not it’s perceived breed.

Hallsville, MO, repeals breed ban

Hallsville, Missouri had a ban on “pit bulls” for over 20 years.  Passed in 1989, the ban was instituted after there were some “aggressive” pit bulls in the community, according to Mayor Cheri Reish.

On November 10th, the board of aldermen voted unanimously to repeal the long-standing ban.  The issue came up after a family was targeted as having a banned dog.  The dog was newly adopted and the family wanted to be able to keep their dog.  They approached the council with the request that the ban be re-examined.  According to the Mayor of Hallsville, the Board decided that the ordinance was “an unfair law.”

It took only roughly month between the time the initial request was made to the time the board repealed the law.

The Mayor also spoke of people who wanted to move into the community, but were unable to because of the ban. In a report on the repeal the mayor said, “We had a couple of people wanting to move in our city who already own pit-bull dogs.  Once they found out we didn’t allow them, they decided not to move into our city.”

City officials see the repeal as a positive one for the community.  They cited the ability of local shelters to be able to find homes for dogs in need as well as creating equitable laws for everyone and an equal standard of behavior.

Hallsville does have a generic dangerous dog law, that addresses all dogs.  Interestingly, a group has been working on getting an ordinance that would prohibit tethering a dog for 24 hours a day, but it keeps failing to move forward.

Enumclaw, Washington, considers repeal of breed ban

A change to the Enumclaw, WA, ordinance that bans “pit bulls” is working its way through the city council.

The first vote of the repeal was passed on September 22nd, with only one dissenting vote.  The second and final reading of the repeal is set to be heard on October 13th.

The current ordinance defines “pit bull” as “any dog over the age of six months known by the owner to be a Pit Bull Terrier. Pit Bull Terrier shall mean any Bull Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier so as to be identifiable as partially of the breed Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.

Again, we see the use of the “as an element of its breeding” in the ordinance, which has been successfully challenged in court several times.  Because the implication is that even a dog with 1% of the listed breeds is banned, there is a question as to whether, rationally, a dog with 1% of anything could contain the supposed “inherent” behaviors of that breed.

City administrator Chris Searcy stated that the city repeatedly receives requests from residents to repeal the law, showing support for the repeal, specific to residents.

Residents and locals are encouraged to attend the meeting, to show support for the repeal.  If you cannot attend this meeting, you can contact the city council to politely and factually support the repeal of the current breed ban, by finding your council members information on the cities website.

Missouri Valley Iowa to consider repeal of breed ban

Missouri Valley, Iowa, currently has a breed ban in place.  Officials are looking into the possibility of repealing their ban and enacting restrictions instead.

Last month, a resident had his dog confiscated under the ordinance.  The dog in question was moved to an out-of-state location and is currently living with family members.  In response, the resident, Bryan Athay, and his girlfriend, Katie Flora, obtained 63 signatures from registered voters in Missouri Valley asking that the ordinance be revisited.

This is a point of interest for several different reasons.  Often we see online petitions, but the criticism of those is always the same from councils.  Officials point out, rightly so, that signatures on online petitions come from out-of-town, out-of-state and also, in many cases, out of country.  City councils are most apt to listen to the voters in their community.  Even petitions that are taken of residents generally do not have the forethought to limit those to registered voters.  This shows incredible thought and tact on the part of Mr. Athay.

A second point of interest is that Missouri Valley, Iowa, has a population of roughly 2,750 people.  This is an extremely small community.  According to census data there are approximately 1,500 registered voters.  This means that the signatures gathered in less then one month represent slightly over 4% of registered voters in the community.  While this may not seem impressive at face value, given the length of time in which the signatures were gathered, and the fact that they limited it to not only residents, but registered voters in the community, the 4% becomes a much more impressive feat.

The current ordinance targets a variety of dogs under their “pit bull” ban.

E. Pit Bull Terriers, including the following:
(1) The Bull Terrier breed of dog;
(2) The Staffordshire Bull Terrier breed;
(3) The American Staffordshire Terrier breed;
(4) The American Pit Bull Terrier breed;
(5) Dogs of mixed breed or other breeds which are known as pit
bulls, pit bulldogs or pit bull terriers;
(6) Any dog which has the appearance and characteristics of
being predominantly of the breeds of Bull Terrier, Staffordshire Bull
Terrier, American Pit Bull Terrier, American Staffordshire Terrier,
any other breed commonly known as pit bulls, pit bull dogs or pit bull
terriers or a combination of any of these breeds.

This law is covered under the city code regarding Dangerous and Vicious animals, putting “pit bulls” in the same category as badgers, wolverines, weasels, skunk and mink, raccoons, bats and, oddly enough, scorpions.

The council will meet on July 1st, where the issue will likely be open to discussion.

South Bend Indiana unanimously repeals breed discriminatory law

After much hard work, officials in South Bend, Indiana, have voted on the new animal control ordinance that includes the repeal of the long-standing breed discriminatory law.  They voted unanimously to pass the new law and repeal the outdated breed discriminatory law.

Passed in 1987, the law restricted American Pit Bull Terriers and those resembling this breed only.  The ordinance was very clear in the definition that American Pit Bull Terrier was defined as the UKC (United Kennel Club) and ADBA (American Dog Breeders Association) standard.

” American Pit Bull Terrier means the breed of dog registered and described by the United Kennel Club (U.K.C) and the American Dog Breeders Association (A.D.B.A.) as the American Pit Bull Terrier, also known as the pit bull terrier, and any crossbreed of the American Pit Bull Terrier; but does not include the breeds known as the American Staffordshire Terrier, the Staffordshire Bull Terrier, the English Bulldog, the Bull Terrier, or the Bulldog, all of which are recognized by the American Kennel Club (A.K.C.).”

This particular definition had proven to be completely unenforceable considering that it specifically excluded so many breeds and types that are typically lumped into the definition of “pit bull.”

The repeal is not surprising, considering the breadth of the ordinance that is taking its place.  A work group was formed over a year ago to study the issue and the current law, and to draft changes.  The group took their time, forming a new law based on best practices in the industry regarding the care and control of all animals.

Councilwoman Valerie Schey took the issue on head first, recognizing, based on municipal statistics, that the current animal control ordinance wasn’t working to do what was intended.  The changes to the ordinance began in early 2013.

Interestingly, the animal control changes coincided with the dismissal of the long time head of animal control back in April of 2013.  In a local story on the dismissal, Schey commented that “Even though we’ve made significant strides in the care we provide with the new building, I still don’t feel the (euthanasia) numbers are where they need to be.”

Though the media made it seem like the issue of repeal was a hotly contested one, there were no speakers in favor of keeping the old breed discriminatory law at the meeting.

To say the new animal control ordinance is a comprehensive one would be an understatement.  The ordinance covers breeding practices, standards for animal related businesses, animal based entertainment, husbandry issues for all kinds of animals, from horses to bees.  There are detailed definitions for dangerous, potentially dangerous and vicious animals.  There are additions to the law that outline the standard of care for animal owners.  Specific to dogs, there are tethering provisions, husbandry issues addressed and a more detailed dangerous dog law that includes due process for owners, which had been seriously lacking in the old law.

The ordinance is 60 pages and contains some fabulous provisions that will make South Bend a safer and more humane community, which was the goal of Schey when she undertook this project.

South Bend also highlights another issue we have seen recently where proponents of breed discriminatory laws have been interfering with the local legislative process.  We are aware of several well-known pro-BDL advocates, who live out-of-state, that wrote to the legislators misrepresenting themselves as residents.  This has become a recent trend that can be seen in other municipalities as well, Riverside and Pasadena, California, Aurora, Colorado and Missouri are just a few of the other places these tactics are being used.  These people, however are increasingly being seen for what they are, as residents come forward and dominate the conversation, overwhelmingly against breed discriminatory laws.  Councils are more aware than ever that this handful of people, and the groups they represent, are using these tactics in an attempt to sway the conversation, but have no presence in the actual community.

We would like to congratulate Councilwoman Schey for her hard work in crafting the new law, and setting South Bend on the path to becoming a model city for animal care and control.

 

Jurupa Valley California first reading of breed discriminatory spay/neuter

This Thursday, officials in Jurupa Vally, California will hold the first reading of a breed discriminatory mandatory spay/neuter law.

The move follows the passage of the county-wide measure which was passed recently in Riverside County, California.

While there are not a lot of details at this time as to the justification for the measure, it is important that residents reach out to oppose the move.

Spay/neuter is a very good thing but mandatory measures, especially those that require pediatric procedures have unintended consequences that not only effect the health and welfare of the dogs, but also have the exact opposite effect of the most commonly stated intention, decreasing shelter populations.

Mandatory spay/neuter has been shown in city after city to increase shelter populations.

The city would be far better served with extreme low-cost options, mobile clinics and community out reach.  Programs such as the Pets for Life Program show resoundingly that given the access people will come to use the provided resources but the community must be made aware that these options are out there and accessible.

Passing a law will not reach the under served communities, the places where people take dogs in off the streets or from neighbors as puppies, which is where the majority of unaltered dogs in the community come from.

If residents cannot attend this meeting, please take the time to write to the council to express opposition for a mandate and encourage community out reach and education.

Frank Johnston Higher FJohnston@JurupaValley.org
Micheal Goodland Mayor Pro-Tem MGoodland@JurupaValley.org
Brad Hancock Council Member BHancock@JurupaValley.org
Verne Lauritzen Council Member VLauritzen@JurupaValley.org
Laura Roughton Council Member LRoughton@JurupaValley.org

The meeting will take place at 7 PM  May 15th.  The meeting is held at the Former Sam’s Western Wear Building City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509 .

This is on the council agenda for consideration, item number 13.

Thank you Swaylove.org for the alert.