Tag Archives: pit bull

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.

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.

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.