Category Archives: BSL

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It took only roughly month between the time the initial request was made to the time the board repealed the law.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

 

League City, Texas officials talk about breed discriminatory law

City officials in League City, Texas, have begun to talk about instituting a breed discriminatory law.

Following an attack by a dog identified as a pit bull, city officials are looking at restrictions for “pit bulls.”

A toddler and mother were watching the mother’s boyfriends dog when the dog attacked.  There have been no details as to the moments leading up to the attack or how well know the dog was to the victims.

Councilman Todd Kinsey has said that he would like to see breed based restrictions enacted in the city.  He claims that local statistics point to the need for a breed based law.  These numbers have not as yet been supplied to the public, nor have any details regarding any circumstances of these incidents such as free roaming or chained dogs, percentage of incidents that were dog on dog, dog on human, sexual status of the attacking dog, how the “breed” of the dog is being identified and other such pertinent information.

Kinsey claimed that 80% of attacks “resulting in injury” are by dogs identified as pit bulls.  This claim leaves out the actual number of attacks in League City, total number of attacks attributed to “pit bulls” as well as population of dogs being identified as pit bulls in the community.  Without this information, the claim of 80% is specious at best.

At a city council meeting the Police Chief outlined several measures for the control of “dangerous dogs.”  The following were options discussed: mandatory microchips, fluorescent ID tags and sterilization of dogs meeting a definition of dangerous.  Chief Kramm also included the idea that a dog deemed dangerous be euthanized or banned from the city limits.

Officials are aware that there is a law in Texas that prohibits the enactment of a breed discriminatory law.  However, they seem to be under the impression that such a law applies only to a breed ban, and not restrictions.

From a recent article:  “According to Police Chief Kramm, Texas law prohibits the banning of specific breeds but it would be possible to increase regulations for pit bulls.Kinsey said he would like to see higher registration fees for pit bulls, extra security fences so they are unable to dig out of yards as well as special liability insurance requirements.”I’m in favor of making it difficult for people who want to own pit bulls in our community,” Kinsey said.”

Texas state law prohibits any form of breed discriminatory law, including restrictions.”

HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 822. REGULATION OF ANIMALS
SUBCHAPTER D. DANGEROUS DOGS
§ 822.047. LOCAL REGULATION OF DANGEROUS DOGS.

A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions:

(1) are not specific to one breed or several breeds of dogs; and
(2) are more stringent than restrictions provided by this subchapter.

It is clear in the statute that this applies not only to bans but also to restrictions.

Nothing official has been proposed at this time, but residents and locals should attend council meetings to urge for reckless owner ordinances, and the strengthening of the current dangerous dog law that would create more nuanced categories and more stringent penalties for those who do not operate proper care and control of their dogs.

Lake Elsinore California passes breed discriminatory spay/neuter law

Officials in Lake Elsinore, California, passed a breed discriminatory mandatory spay/neuter law at their meeting last night.

Citing high shelter populations of the targeted population of dogs, officials claimed the need for such a measure.

It is no coincidence that Lake Elsinore is located in Riverside County, which recently passed a breed discriminatory spay/neuter law.  When a county passes a law like this it usually applies only to the unincorporated areas of the county.  It is up to the incorporated areas to determine if they are going to pass a similar ordinance.  This is what we are seeing in Riverside County now.  First with the passage of the law in Riverside City and now with Lake Elsinore.

The law is the mirror of the county law the requires all targeted dogs the age of four months or older be altered.  Officials are passing these laws with little if any understanding of the effects of them.   There is mounting evidence that pediatric spay/neuter is detrimental to the health of dogs.  There is also substantial evidence that these laws increase shelter populations of targeted dogs, doing the exact opposite of what they are claiming is the goal of the law.

The ordinance is said to have exemptions for assistance dogs as well as “certified” breeders.  The fines for non-compliance $100 for a first offense, up to $200 for the second offense, and up to $500 for the third and each subsequent offense.  There was a bare minimum of media coverage for this issue and only one dissenting vote.

As with other places that have passed these laws, the spoken intention of the law is quite different from what the rhetoric implies.  For example, in Lake Elsinore a staff report stated that, “The Department of Animal Services for Riverside County has found that Pit Bull and Pit Bull mixes significantly impact the health and safety of residents and their pets.”

Once again we are seeing an attempt to work around the California state law that prohibits all other forms of breed discriminatory laws.  There is no doubt that if officials had the opportunity to enact some other form of restrictions, they would have tried to do so.

Officials have enacted a proven failed policy under the pretense of shelter populations which will take valuable financial resources away from the real issues that need to be addressed in the community.