Category Archives: BSL Passed

Bluefield West Virginia passes ban

Initially, reports from Bluefield officials were that people where not complying with the breed discriminatory restrictions that were already in place.  Due to the media coverage of the ban, many residents have since stepped up and said that they were unaware of any restrictions but they went to register their dogs now that they were aware of the law. At last count Bluefield’s “pit bull registration” was up from 8 to over 45.

People were complying with the law and yet officials voted to institute a ban.

Tonight, officials ignored the voices of their constituents, the majority of which all opposed the changes.  Local media and opinions pieces were all soundly against the changes.

If officials handle implementation and enforcement of the ban the way they did their restrictions, the situation will quickly present itself that someone moves into town with a targeted dog that has no knowledge of the law, or has a dog they don’t think is of type. Problems with enforcement can be expected immediately. The wasted money, difficulty of enforcement and destruction of innocent dogs is not something to be taken lightly and will affect every resident of Bluefield.

People who currently have a targeted dog have 10 days to register their dogs or they will be confiscated and the owner cited. 

Hornbeak Tennessee passes multiple breed restrictions

Tuesday night the Aldermen for the city of Hornbeak Tennessee gave final approval to an ordinance that places restrictions on 10 different types of dogs.

The dogs that are effected by this ordinance are Bull Terriers, Staffordshire Terriers, American Pit Bull Terriers, American Staffordshire Terriers, Dobermans, Rottweilers, German Shepherds, Akitas, Chows, and Wolf hybrids.

These types of dogs will be considered vicious solely based on their appearance. Owners of these dogs must have a special registration, leash and muzzle requirements, confinement requirements, the placement of “beware of dog” signs, proof of insurance and identification photos of the dogs to be provided to the city recorder.

The ordinance passed with a vote of 5-1, with one official refusing to vote for the new law because they felt it went to far.

The initial stories out of Hornbeak cite issues with dogs at large. In such a small town there is a very accessible way to address these issues since the community is so close-knit. It is rather disconcerting that instead of addressing the real issues behind the problems Hornbeak was experiencing, they chose instead to restrict the rights of responsible owners.

Hornbeak is an extremely small town with limited financial resources. The population is around 450 people. They do not have animal control of their own, or an animal shelter, which poses the question of how exactly any ordinance will be enforced. This new ordinance will undoubtedly be a public safety failure. The people who lose in this are the citizens.

Schuyler Nebraska approves restrictions for multiple breeds

After 10 months of discussion Schuyler Nebraska has finalized and passed their new ordinance relating to dangerous dogs.  They have gone breed specific.

The targeted breeds are Pit bull terrier, Staffordshire terrier, Staffordshire bull terrier, Dogo Argentino, Presa Canario, Cane Corso, American Bulldog, Chow Chow, Doberman Pinscher, Rottweiler, American Bandogge.

When asked about the ordinance in a news article in the Schuyler Sun, City Attorney Dick Seckman said “We are not banning specific breeds; we’re saying that there are certain breeds that are going to require additional protections (for the public), such as pit bulls and other vicious dogs…Those protections will include the animal being confined in a securely fenced yard, under the control of a person 19 years of age or older, the animal must be restrained by a harness and leash no longer than 6 feet and properly muzzled to prevent biting.”

He was also quoted saying “Some communities outlaw the pit bull and other vicious dogs, but we chose not to do that…We chose to regulate the conduct rather than the breed.”

Breed specific ordinances are never about conduct. They are about the appearance of an animal. The ordinance would have more than adequately protected the community without the breed discriminatory language.

Archbold OH – Pit Bull Law Will Continue To Be Enforced, Says Village Council

While the State of Ohio may have removed breed specific language in its vicious dog law, Archbold’s own ordinance retains rules about pit bulls.  The Archbold ordinance does not ban the possession of pit bulls in the village outright, but it does require owners to purchase a liability insurance policy on the animals, and restricts how and where the animals may be kept.

Continue reading

Camp LeJeune, NC – Eastern Bases

As of September 30th, Marine Corps Base Camp Lejeune‘s pet policy will undergo further changes, banning all aggressive dogs and specific dog breeds.

The Marine Corps banned aggressive dog breeds in 2009, but owners who had lived on a Marine Corps base with a restricted dog before the ban were allowed to “grandfather in” their dogs and keep them on base, new residents however were not allowed to bring their restricted breeds on base when they moved after the initiative was adopted.

Recently Animal Control has taken over pet registration on the Camp Lejeune and MCAS New River bases resulting stricter enforcement of the pit bulls, rottweilers and wolf hybrids restrictions.

It was estimated in March of 2010 that of 200 dangerous dog breeds living on Camp LeJeune, only a quarter of the dogs were properly registered.  Ongoing difficulties in maintaining proper registration of grand-fathered allowances may be one reason we’re seeing this change.  However, when the original initiative was first proposed, a deadline of December 2011 was discussed.

Now, regardless of when the dog was acquired, all owners of pit bulls, rottweilers and wolf hybrids will face the difficult decision of moving off base or giving up their pet.  In addition, all pet owners will be required to reregister their pets under the new system by the same date.  Even though statistically it would appear the enforcement of the restrictions and requirements was difficult to enforce, base officials have elected to impose more restrictions for enforcement.

According to Sgt. Brent Mitzel of the Provost Marshal’s Office Animal Control, “It also has to do with base housing.  There (have) been incidences in the past with bites and stuff like that, and we’re all just trying to limit the potential hazards.”

Alisa Johnson, a Marine and president of Dogs on Deployment, a 501(c)(3) national non-profit which provides a central online database for service members to search for individuals or families who are willing to welcome a Dog On Deployment into their home for the length of their owner’s deployment.

“Service members should never have to choose between their family pet and serving at their next duty station. Every day, I talk to families affected by these harmful policies and it’s time for that to end,” Johnson said.  Johnson’s organization is currently spearheading a more suitable option to implement a military-wide standardized pet policy so there is no confusion for enlisted members when assigned to a new base.  Her proposed policy would target aggressive dogs rather than focus on breeds or types of dogs.

In an interview with JDNews.com Mitzel said Animal Control will also test dogs for aggression during registration, and if the dog is considered aggressive by the staff, regardless of the breed, it will not be allowed on base.

“If they try to bite us, snap at us, growl, snarl show any type of aggression toward us, we’ll make that determination on whether we believe that pet is aggressive,” Mitzel said. “If it’s a three-pound dog and it’s trying to bite everybody’s hand off, we will not register that dog on the base.”

According to statements in the JDNews.com article, animal control will also determine if a dog is a banned breed or a mix of any of the banned breeds by visual ID.  If they “suspect” the dog to be mixed with an affected breed, they will not approve registration of the pet on base according to Mitzel.

“We’re going to tell the owner they can contest it with a DNA test if they’d like. Once we get the results back, if it’s not one of those banned breeds and it’s not aggressive, then we’ll register it on base,” he said, adding that if the results come back positive, the dogs will be forced to leave the base, with or without their owners.

DNA testing has long been used by military bases and veterinary clinics to determine the breed of a dog.  Many argue that testing is not accurate however and it is unclear if the dog’s owner will be responsible for the cost of the testing.

“In a memorandum distributed Army-wide on Feb. 3, 2012, Col. Bob Walter, director of the Army’s Veterinarian Service Activity, stated there is no scientific method to determine a breed and that breed bans are unlikely to protect installation residents,” the petition from Johnson’s nonprofit that calls for standardized pet policies across the military reads. “The letter recommends generic, non-breed, specific dangerous dog regulations with emphasis on identification of dangerous and chronically irresponsible owners.”

Currently, the Army and Air Force ban pit bulls, rottweilers, Doberman pinschers, chows and wolf hybrids, while the Marine Corps bans only pit bulls, rottweilers and wolf hybrids. Navy policies vary by installation. Some private base housing offices have additional breed restrictions beyond the listing of the military branch, meaning a family that moves from one base to another could be forced to give up their dog depending on the pet policy on that particular base.

“There is a huge lack of consistency with these policies,” Johnson said. “What we’re asking for is the DoD to give our military some piece of mind.” In an interview with Pit Bulletin Legal News Radio, Johnson said “It’s a huge morale problem when you have families that are being broken up over breed restrictions.”  Johnson’s petition calls for a standardized, consistent military policy for all pet owners, regardless of the breed and asks that the military focus on strong enforcement of general dangerous dog policies and pet education programs for troops.  When considering only 50 dogs were registered as required at Camp LeJeune in the past, certainly enforcement appears to be a matter of concern for effective animal control.

Johnson added that their petition is not “an attack on military policies.” Rather, it’s a request for the military to “make a change that’s going to help our military families, instead of hurt them.”

You can help by supporting Dogs on Deployment, signing and sharing their petition, and by contacting the House and Senate member for your state’s Armed Services Committee.  In a POLITE, RESPECTFUL and INFORMATIVE explanation make them aware that the policies target responsible pet owners, innocent dogs and creates a burden on public shelters faced with the owner-release that results from the policies and attitudes of military animal control.

House Armed Services Committee:

http://armedservices.house.gov/index.cfm/contact-information

Senate Armed Services Committee:
http://www.senate.gov/general/committee_membership/committee_memberships_SSAS.htm

Dogs on Deployment Change.org petition:
http://www.change.org/petitions/standardize-military-pet-policies

Dogs on Deployment:
http://dogsondeployment.org/

JDNews:
http://www.jdnews.com/articles/marine-106859-corps-aggressive.html

MarineCorpsTimes:
http://www.marinecorpstimes.com/news/2010/03/ap_lejeune_dogs_032510/

Ashtabula, OH: Council exempts adopted dogs from breed ban

Ashtabula council has passed a revised dog ordinance that allows residents to keep “pit bulls” in town IF and ONLY IF the dog was adopted from the Ashtabula County Animal Protective League (APL). Additionally, APL must attest that the “pit bull” is and has never been human or animal aggressive; and the “pit bull” must be neutered, microchipped, and registered with APL and with the county.

All other “pit bulls” will continue to be banned in Ashtabula. We are sorely disappointed that the council did not completely repeal the breed ban. This “compromise” is unnecessarily complicated and arbitrary.

We believe this is the version of the ordinance that passed: Ashtabula Proposed Vicious Dog / Pit Bull Law

Please RESPECTFULLY contact Ashtabula city council, thank them for taking the first step, and ask them to please fully repeal the city’s breed ban.

City Council, 4717 Main Avenue, Ashtabula, Ohio 44004
Phone: (440) 992-7119
Fax:(440) 998-4457
Council Clerk email: lavetteh@cityofashtabula.com
PLEASE ALWAYS BE RESPECTFUL WHEN YOU CORRESPOND WITH COUNCIL.

City Council lifts ban on pit bulls if they are adopted from APL

By SHELLEY TERRY – Star Beacon
August 21, 2012

ASHTABULA — City Council on Monday lifted a ban on owning or harboring a pit bull, but only if the dog is adopted from the Animal Protective League, and has been determined by that organization to be neither people-aggressive nor animal aggressive. [...]

Full article retrieved 8/26/12 from http://starbeacon.com/locvid/x257412694/City-Council-lifts-ban-on-pit-bulls-if-they-are-adopted-from-APL

Maryland: Court partially reverses breed-discriminatory decision

The Maryland Court of Appeals has partially reversed their decision in Tracey v Solesky. Whereas the original decision applied strict liability to owners of “pit bulls” and “crossbreed pit bulls” and their landlords, the reversal removes reference to crossbreed and mixed breed pit bulls. However, it leaves intact strict liability for owners and landlords of “pit bulls”—and the term “pit bull” remains undefined by the court.

The court’s reasoning is that the Tracey v Solesky case only involved dogs referred to as “pit bull,” “pit bull dog,” or “pit bull terrier.” The dogs were never referred to as mixes or crossbreeds, and the court can’t issue a decision that involves something that was not the subject of the original case; therefore, the court can only issue a decision about “pit bulls.”

Unfortunately, the decision as it stands still does not define “pit bull,” so it is impossible to know exactly which breeds are included in this ruling. Also, the court did not explain how a non-crossbred (i.e. purebred) ”pit bull” could be proven to exist.

The court narrowed the application of the decision to a dog that is called a “pit bull” or “pit bull terrier.” The court’s designation of strict liability therefore only applies to those owners who consistently refer to their dog, or allow others to refer to their dog, as a “pit bull,” “pit bull dog,” or “pit bull terrier”—but the ruling does not apply to owners who call their dog a “mix” or a “cross.” Following the same reasoning that the court used to narrow their decision, the case did not involve, nor did the court name, any specific breed (only a non-breed, “pit bull”); therefore, strict liability might not apply to owners of purebred dogs who avoid shorthand breed references and always use a full breed name to refer to their dog (ergo, their dog is some official breed, not just a “pit bull”).**

**Mind you, I am NOT a lawyer, so don’t take this as legal advice. Rather, you can see how the court’s partial-reversal hasn’t cleared anything up, but instead has left us with an even more confusing mess.

HSUS Maryland has created a very helpful info sheet for Maryland renters with dogs: HSUS Info for Renters and Dog Owners

PBLN had a good discussion about the ruling at the beginning of their 8/21/12 radio show: http://www.blogtalkradio.com/pit-bulletin-legal-news/2012/08/22/austin-no-kill-bsl-dbo-brent-toellner-ryan-clinton-1

I’m sure other organizations will have good discussion of the court’s revised decision and its possible effects over the next few days.

We will be interested to see how the Maryland legislature addresses this mess during the next legislative session, which will begin in January.

You can read the court’s Motion for Reconsideration decision here: http://mdcourts.gov/opinions/coa/2012/53a11re.pdf

Court partly backs off pit bull ruling

Judge admits error in applying decision to cross-bred dogs

By Michael Dresser, The Baltimore Sun
12:08 p.m. EDT, August 21, 2012

Maryland’s highest court on Tuesday partly backed off its widely criticized April decision that pit bulls are inherently dangerous, admitting that it went too far when it applied its ruling to cross-bred dogs.[...]

In a decision written by Judge Alan M. Wilner, the court stood by its finding about purebred pit bulls but canceled its reference to cross-breds.

Wilner, a retired judge who sat with the court on the original case, wrote that having re-read the briefs and the dissent in the case, he now believes the decision to extend the ruling to cross-bred pit bulls was “both gratuitous and erroneous.” [...]

Wilner said nothing in the court record showed that Tracey had ever contended the animal was anything other than a pit bull terrier. [...]

Full article retrieved 8/21/12 from http://www.baltimoresun.com/news/maryland/bs-md-pit-bull-decision-20120821,0,4806033.story