If everyone contacts all of these people we can probably stop this before it gets started. Please remember to be respectful and polite. Please cross post and forward this to everyone you know. As most of you know once a city passes BSL others try to follow, then yours could be next.
Check this site out for writing tools and sample letters
To amend section 955.11 and to enact section 955.111 of the Revised Code to prohibit the owning, keeping, or harboring of pit bull dogs beginning ninety days after the effective date of the act and to require specified officers to seize all pit bull dogs after that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 be amended and section 955.111 of the Revised Code be enacted to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog. -crossed out on version you can see at the link.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
(ii) A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents.
(C) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B) to (D) of this section.
Sec. 955.111. (A) Beginning ninety days after the effective date of this section, no person shall own, keep, or harbor a dog that belongs to a breed that is commonly known as a pit bull dog.
(B) Not later than ninety days after the effective date of this section, a person who owns, keeps, or harbors a pit bull dog on the effective date of this section shall surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.
(C)(1) Beginning ninety days after the effective date of this section, if an officer has probable cause to believe that a dog is a pit bull dog, the officer may apply to a court of competent jurisdiction for a search warrant. The court shall issue a search warrant for the purposes requested if there is probable cause to believe that a dog is a pit bull dog.
(2) After obtaining a search warrant, an officer shall seize the pit bull dog and surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.
(D) As used in this section, "officer" has the same meaning as in section 959.132 of the Revised Code.
Section 2. That existing section 955.11 of the Revised Code is hereby repealed.
Kinston officials are drafting an ordinance from the mold of many communities around the nation that have passed laws restricting or banning pit bull ownership.
"Our research shows there is a wide range of policies out there dealing with pit bulls," Public Safety Director Greg Smith said.
Smith said a number of factors lead to the ordinance, which is still in draft form. Those factors include increasing citizen complaints to City Council members and the police regarding problem pit bulls, more frequent seizures of the dogs when police raid houses, and data showing that pit bulls are responsible for the majority of dog attacks on residents and police officers in recent years.
Also, the issue has seen increased visibility since former pro football star Michael Vick's arrest last year on charges of running a dogfighting ring.
"It's not that uncommon for other cities to have them disallowed," said City Manager Scott Stevens.
Kinston city and police staffers have looked into the policies of a number of cities and counties that have enacted pit bull ordinances. The Florida Legislature debated a statewide ban earlier this year; Miami-Dade County has had a pit bull ordinance since 1989.
Smith said there are "all types of options" available, and he stressed that any ordinance would consider pit bull owners' needs as well, since many families care for the dogs without incident.
"I don't want to paint the picture that every pit bull in this city is an aggressive dog," Smith said.
Problem pit bulls are becoming a larger issue, though. A series of drug raids in the city last month netted seven dogs along with narcotics, drug paraphernalia and a handgun.
Assistant Police Chief Annette Boyd said officers discover four to 10 dogs tied up around most of the houses they raid, and they usually bear signs of mistreatment.
Any dogs seized are given medical care if needed and housed at the local animal shelter. Police will charge owners with animal cruelty if there is solid evidence that the pit bulls have been mistreated. The dogs are returned if the owner is acquitted, though.
If the owner is convicted, shelter officials will work to find an adoptive family or euthanize the dog.
"We are actively working on the situation because it is becoming a problem," Boyd said.
Smith said suspected criminals place the dogs around their residences to impede officers, giving them enough time to get rid of evidence or escape.
Police have also received "intelligence" that some Kinston pit bull owners could be training the dogs for fights outside the city.
The ordinance, which Smith plans to present to council members during their May 19 work session, includes a number of measures, including restricting the number of pit bulls per house, requiring owners to register their existing pit bulls, and keeping any more of the breed out of Kinston.
"It's a decision that the council (members) will have to make on what they want to do," said Smith.
David Anderson can be reached at (252) 559-1077, or danderson@freedomenc.com
Greg Smith
Title: Director of Department of Public Safety Scotty Hill
Title: Deputy Director of Department of Public Safety 205 E King St / Kinston, NC 28501 PO Drawer 339 / Kinston, NC 28502 M: 252-939-3139 F: 252-939-3141
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R Van Braxton Title: Council member Terms Served: Currently serving 2nd Term (first elected in 1995) Education: East Carolina University - Bachelor of Science Degree Professional Information: General Electric Financial Advisors Affiliations: Queen Street Methodist Church; Kinston Exchange Club Personal Information: Wife, Sandra Braxton Contact Information: Note: The Mayor and Members of the City Council can be reached through the Office of the City Clerk at (252) 939-3115 W - 252-568-7446 H - 252-522-2467 E-mail: van.braxton@ci.kinston.nc.us
Residence: 1512 Surry Street Kinston, NC 28504
Jimmy D. Cousins Title: Council member Terms Served: Currently serving 1st Term (first elected in 2001) Education: East Carolina University - Bachelor of Science Degree Professional Information: Clean East Environmental Affiliations: Rotary; Richard Caswell Masonic Lodge #705 Personal Information: Wife, Linda Cousins; Daughters: Dana Creech, Gina Raynor Contact Information: Note: The Mayor and Members of the City Council can be reached through the Office of the City Clerk at (252) 939-3115 W - 252-522-0732 H - 252-939-1600 E-mail:
Alice Tingle Title: Mayor Pro Tem Terms Served: Currently serving 1st Term on the City Council (elected in 1999); Appointed Mayor Pro Tem in 2001 Education: East Carolina University - Bachelor of Science Degree Professional Information: Director of the Small Business Center at Lenoir Community College Affiliations: Lenoir County Committee of 100; NCCBI Small Business Advisory Board; E-Communities, Chairman; Executive Board and Board of Directors for Pride of Kinston; Microenterprise State Advisory Board; Board of Directors for Friends of the Homeless; Salvation Army Ladies Auxiliary; Grace Fellowship Church Personal Information: Husband, Kelly Tingle; Sons, Kelly S. Tingle and Scott D. Tingle Contact Information: Note: The Mayor and Members of the City Council can be reached through the Office of the City Clerk at (252) 939-3115 W - 252-527-6223 H - 252-527-6519 E-mail:
Joseph M. Tyson Title: Council member Terms Served: Currently serving 2nd Term (appointed in 1998 to fill the unexpired term of Johnnie Mosley, who’d been elected Mayor, then elected in 1999) Education: East Carolina University - Bachelor of Science Degree Professional Information: Senior Army Instructor for Kinston High School Junior Reserve Officers’ Training Corps; Retired from the military, rank of Lieutenant Colonel Affiliations: Chairman, Kinston Convention and Visitors’ Bureau; Life Member and Past Commander of VFW Post 2771; Past commander of American Legion Post 4;3 Life Member of Disabled Veteran Chapter 32; Member of the La Societe des 40 Hommes et 8 Chavaux Voiture 1175; Member of Omega Psi Phi Fraternity, Lambda Pi Chapter; Board of Directors, Lenoir County Arc; Board of Directors, OIC of Lenoir, Greene, and Jones Counties; Board of Directors, Lenoir County Young Scholars Program Personal Information: Wife, Mildred Tyson; Sons: Joseph, Jr. And Jeffrey; Daughter: Tonya Nicole (deceased); Daughter-in-Law: Donna; Granddaughters: Danielle, Andrea and Jessica Morjan (deceased) Contact Information: Note: The Mayor and Members of the City Council can be reached through the Office of the City Clerk at (252) 939-3115 W - 252-527-8676 H - 252-527-4206 E-mail:
New Details In Deadly Camp Lejeune Pit Bull Attack
Posted: 8:37 PM May 14, 2008 Last Updated: 9:55 PM May 15, 2008 Reporter: Dave Jordan / Bill Wilson
Camp Lejeune says a three-year-old was killed by a family friend's dog who came on base for a visit yesterday.
The Onslow County Medical Examiners Office says an autopsy this morning shows Julian Slack bled to death, due to the severity of the dog bites
The autopsy says the child was bitten on the face, neck, head and right arm.
This afternoon base officials say the toddler was being watched by a baby sitter yesterday when the family friend arrived. A short time after the arrival, someone let the Pit Bull inside the home.
Base public affairs officers say the investigation shows a short time later the Pit Bull became startled and excited by something the child was doing and the dog attacked him. The base says the dog was not provoked by the child.
The base says the child's parents pulled up to the home as the attack was happening, and that's when the father rushed his son to the hospital in his own vehicle.
Camp Lejeune does have pet restrictions on base. They are to be on leash or in a fenced in area at all times. The public affairs office says it's not sure what restrictions there are for people visiting the base with their pets.
Wednesday Night's Story
Base officials at Camp Lejeune say a three-year old boy was bitten by a Pit Bull on base and died.
Few details are available as the investigation is continuing. We're told the Pit Bull is currently being held at the Camp Lejeune Kennel.
A base spokesman says the incident happened at Tarawa Terrace. It's unclear what led to the attack.
Onslow County Memorial Hospital spokesman Tim Strickland says the father of the boy drove him to the hospital. Strickland says the boy did not have a pulse when he arrived.
Tighter Pit Bull restrictions in Dillon Some dog owners in Dillon face a new law. A law that has left some with no choice but to get rids of their pets. As of Monday, anyone who lives in Dillon city limits and owns a Pit Bull breed or mix has to register the dog with the city and keep it confined. Stephen Litwin has been raising Pit bulls for 11 years. They are like family to him, regardless of their dangerous reputation. "Not all dogs are the same way as other dogs. It just depends on how you treat your dog and how well you take care of it," Litwin said. He keeps one Pit Bull on a chain, one inside the house, and a mom and her puppies inside a fence. That will have to change. Under a new law passed Monday night, any pit bull breed in the city must now be kept in a 6ft tall, 100 square ft fence. City councilman Randolph Gurley spear-headed the effort. He said he's sick of hearing about people getting hurt. "The most vicious one, and you have more people that have been attacked by pit bulls and killed by pit bulls than any other dog," Gurley said. He said if people can't afford to build a fence, "Well then they only have one choice, get rid of the dog." That's what Stephen Litwin plans to do. Send his pit bulls to live with family in the country where they can roam freely. "I love all my dogs to death, but if that's what it's got to come down to, I will," he said. Pit bull owners in Dillon must start putting up fences now, but will have six months before they have to register their dogs with the city. Starting November 12th, pit bull owners should take their dogs and a photo ID to the Dillon City-County Complex to register.
Mayor & City Council : Mayor Mayor J. Todd Davis P.O. Box 1236 Dillon, SC 29536 tel: (843)774-2227
City Council : District 1 James Willis Washington 1207 Pine Street Dillon, SC 29536 tel: (843)229-0025
City Council : District 2 Randolph Stephen Gurley 902 West Street Dillon, SC 29536 tel/work: (843)774-0040 tel/home: (843)774-2341 tel/cellular: (843)309-0073
The Bulletin Times is reporting that Hardeman County has passed a resolution banning the ownership, harboring, or possession of Pit Bulls, including Bull Terriers, Staffordshire Bull Terriers, American Bull Terriers and American Staffordshire Terriers.
The resolution also bans ownership of "mixed breeds that have the same appearance and characteristics of the above-mentioned breeds."
Persons owning such dogs at the present time may retain possession, provided they comply with all provisions of the resolution within 30 days, which include:
1. Registering the dog with the Animal Control Office and providing 2 photos that clearly show its color and approximate size
2. Agree to keep the dog enclosed indoors or in a kennel at all times.
3. Provide $100,000 worth of liability insurance.
If the dog is out of its cage, it must be on a leash controlled by a responsible person and must also be muzzled.
Any offspring the dog might have must be removed from the county within 6 weeks. It is also illegal to sell the dog to anyone in the county unless they are living on the same property as the animal.
County Clerk
Mr. Jerry Armstrong
100 N Main St
Bolivar, TN 38008
731-658-3541
STATE WIDE BSL IN TENNESSEE!!
We need your help, Senator Kilby of the Great State of TN has a new bill that is going to ban ALL pit bull type breeds and make it a crime for us to own this beautiful breed! So please post this where you can and let your voice be heard!
Animals and Animal Cruelty - Creates a new Class A misdemeanor of knowingly owning a pit bull dog in this state. - Amends TCA Title 39, Chapter 14.
Prohibits the ownership of American Staffordshire Terriers. American Pit Bull Terriers, American Bulldogs, Staffordshire Bull Terriers, any mixed breed dog being identifiable as being 50% the above named breeds.
Tennessee Senate TOMMY KILBY D - Wartburg District 12 - Campbell, Fentress, Morgan, Rhea, Roane and Scott counties District Address 118 Henry Heidel Lane Wartburg, TN 37887
Nashville Address 10A Legislative Plaza Nashville, TN 37243-0212 Phone (615) 741-1449 Fax (615) 253-0237 Staff Contact: Nadine Korby, Jeremy Davis, Research Analyst
Officer backs special pit-bull license; senator calls for spaying, neutering
Brad Williams, williamsbr@knews.com Friday, November 16, 2007
When Frankie Byrne heard a woman had been killed by two pit bulls at a Sam Lee Road trailer, she knew exactly which animals were involved.
The Knox County animal control officer got acquainted with Mafia Lee and Passion Maria on Aug. 28 after deputies in the area encountered the dogs "running loose and ... chasing a trash collector," then attacking the bumper of a patrol car that blocked their pursuit.
"I knew that something bad was going to happen with those dogs when the sheriff's deputies were telling me the story," said Byrne, who filled out "dangerous dog" paperwork but said she wants tougher laws addressing problem animals.
"The laws are so lenient. … I did everything legally I could do about them," she said. Tougher dog laws could be coming.
State Sen. Tim Burchett, R-Knoxville, released a letter Wednesday to Knox County Commission Chairman Scott Moore urging the commission to address pit bull ownership.
"I am calling on you to enact a countywide ordinance that says if they have a pit bull it will be spayed or neutered," Burchett wrote.
A working group of city and county officials has been meeting monthly to look at a uniform law for animal control inside and outside the city limits, according to the group's chairman, county Health Department Director Mark Jones. The group hasn't taken up the issue of dangerous dogs yet, but Jones said, "I think there are a lot of ways we could improve the animal ordinances in this county and city. We know for a fact that animals spayed or neutered are less aggressive. People who are responsible animal owners should have their animals spayed or neutered."
The animal control department is represented on Jones' committee, and officers such as Byrne have ideas for controlling dangerous dogs.
Byrne went to work in animal control in January after working at the Oakland Zoo in California.
She returned to the Sam Lee Road trailer Friday, three days before the woman's death, to make sure all was well.
"I stopped by, and (the owner) had the dogs loose in the front yard … which is a violation of the classification," she said. The dogs were required to be kept in a fully enclosed, inescapable pen, in the house or on a leash.
Byrne did not issue a citation, pointing out that it would have been a $50 fine at most.
Byrne said she believes pit bulls are inherently dangerous, because of the history of their breeding for aggressiveness.
"It's my own personal opinion," Byrne added. "Me personally, I would not want one in my house."
The difference between an attack by other breeds and a pit bull, she said, is like the difference between a collision with a Mini Cooper car or a sport utility vehicle.
She said she doesn't favor a countywide ban on the breed, however.
"If I were to make the law, you would have to have a special license to have a pit bull," Byrne said. She said owner screening would help, as would special insurance requirements for owners of pit bulls.
She said homeowners insurance policies could prohibit pit bulls or charge higher rates.
Currently in the county, a dog doesn't have to be fenced in so long as it remains on the owner's property.
But some owners are taking extra steps.
Byrne went Wednesday to follow up with an owner whose pit bull had escaped its enclosure.
The white purebred named Sam, about 14 months old, is now completely fenced in.
Owner Joyce Montgomery said she did it because "I didn't want somebody to be afraid of him or to shoot him, to lose him. … This dog sleeps with us." She said she wasn't always so keen on the breed.
"When my son said he wanted to get a pit, our response was, 'No way,' " she said. "He is the silliest dog, the most entertaining dog we have ever had."
Montgomery opposes a countywide ban.
"I think it's discrimination against a breed to outlaw pit bulls. I think it's the owners, not the dogs," she said. "People who get them need to be educated."
Director of Animal Control David Head said he wants "one concise set of laws that the whole county works with," rather than different rules inside and outside the city limits.
He'd like the city's liability insurance requirement for animals deemed dangerous to apply in the county, for instance.
"Most renters cannot afford $100,000 insurance. That means the dogs go away," Head said.
In the meantime, Byrne keeps a knife at her hip, using it for tasks such as slicing open bags of lime to cover decaying road kill.
But she said she's pulled it out ready to defend herself before.
"I've had pit bulls coming at me," she said. "I love animals, but I'm going to make sure that I go home at night."
Residents bark over city regulations for pit bulls
KATE GIAMMARISE, Morning Journal Writer
10/23/2007
LORAIN -- A council committee meeting last evening almost turned into a real dog fight. The topic -- legislation that could regulate pit bulls in the city of Lorain.
The city's Animal Control Officer, Michael Mattei, gave an impassioned presentation to council members at the Police and Fire Committee meeting on the need for regulation of the dogs.
'We need this ordinance to protect our citizens,'' Mattei said.
Disagreeing were about half a dozen audience members who spoke against what they termed ''breed-specific legislation'' that they said unfairly singled out pit bulls.
The legislation, while not an outright ban on the dogs, would:
-- label pit bulls ''vicious dogs''
-- limit ownership of pit bulls to one per household, though residents who already have more than one pit bull would be allowed to keep all their dogs under a grandfather clause
-- require the dogs to be spayed or neutered
-- mandate owners confine the dog while it is on their property and keep it on a leash when it is not on their property
Mattei and Lorain Director of Environmental Health Jack Kurowski helped Law Director Mark Provenza author the legislation, Mattei said.
Many in the audience said they were not convinced the legislation would work.
One dog owner said she was concerned if the law were passed and her dog were labeled as ''vicious,'' she could lose her homeowners' insurance.
Shana Klein, president and founder of Canine Advocates of Ohio and For the Love of Pits, said owners are ultimately the ones responsible for properly caring for their dogs.
''These (breed specific) laws are ineffective,'' Klein said.
Another man said not all pit bulls are dangerous.
''The only fighting issue I have with my dog is for the comforter at night,'' he said, and invited council members to come to the parking lot and meet his two pit bulls.
Still, many council members said even if the legislation were modified, some type of regulation would be needed, particularly in the wake of the mauling of a 7-year-old girl by a pit bull in May.
Council members voted unanimously to put the legislation on hold to review articles, studies and other information provided by both sides.
LORAIN — Lorain City Council’s Police and Fire Committee still wants to iron out some issues with a proposed pit bull ordinance before sending a recommendation to Council.
Mike Mattei, the city’s animal control officer, told the committee that pit bulls are becoming more of a problem every day and pulled out numbers to support the ordinance.
Of the 146 pit bulls he’s picked up since his first day on the job in January, he said, 85 percent were euthanized because no owner came forward to claim them.
Mattei said pit bulls were to blame for 60 of the 305 dog bites reported throughout the city last year, and went on to show the committee a picture of the injuries sustained by a 7-year-old girl after she was mauled in May.
“It’s a dog that’s inflicted bad damage and practically removed the face of a girl seven months ago,” he said.
The ordinance would establish the pit bull as a vicious breed and requires owners to properly confine pit bulls, in addition to limiting owners to one pit bull per household or residence.
Each pit bull will have to be registered with the city, according to the proposed ordinance, and proof that the dog has been spayed or neutered also will be required.
Should owners violate the restrictions, they will be fined between $25 and $100 for the first offense. Each subsequent offense will result in a fine of at least $75 and can grow to more than $250 and include a 30-day jail sentence.
Lorain Law Director Mark Provenza said the ordinance would allow owners with multiple pit bulls prior to the ordinance to be grandfathered in and be exempt from the new law.
Shana Klein, President of Canine Advocates of Ohio, told the committee that breed specific legislation doesn’t work, and whipped out her own facts about dog attacks.
“There hasn’t been a fatal pit bull attack in 15 years,” she said. “There are 40 breeds of dogs that have severely mauled people.”
The committee requested more time to review the ordinance, and will meet again on the topic next month. Contact Stephen Szucs at (440) 336-4016 or online at sszucs@chroniclet.com
Lincoln County Commissioners are discussing APBT restrictions and or bans. These politicians need to hear from their constituents.
County Commissioners Call for Tougher Dog Laws in Tennessee
The commission doesn't have any authority to implement new measures itself because it lacks the power of home rule. Commissioners are asking state legislators to pass a law forcing vicious dog owners to carry a minimum of $300,000 of liability insurance, and requiring those dogs to wear a microchip that will store information about the animal and its owner.
What breeds will actually be classified as vicious dogs under this proposal aren't known yet, but commissioners say that list will certainly include pit bulls. The resolution has been sent to the office of state Sen. Bill Ketron.
Bill Newman 101 S. Main Avenue Fayetteville, TN 37334
BSL in Tennessee
Confirmed Cites with BSL: Sparta ( No new Pit Bulls), South Pittsburgh ( Pit Bulls Banned), Fayetteville (Restrictions, 8ft fence, muzzles and 100k insurance), Halls, Jackson, Lynnville, Milan, Smyrna, Watertown. Bedford County is discussing BSL and Somerville (Fayette County) is looking at this:
Friday, October 5, 2007 11:27 PM CDT Ordinance prohibits pit bull ownership The Somerville Board of Mayor and Aldermen has unanimously passed an ordinance on final reading that prohibits ownership of pit bull dogs within the city.
Board members took the action during their Sept. 10 regular monthly meeting on a motion offered by Alderman Alton Feathers and seconded by Alderman Ronnie Neill. The ordinance states that the breeds of dogs known as "pit bulls" include any American pit bull terrier, Staffordshire terrier, Staffordshire bull terrier or any dog that predominantly has the appearance and characteristics of one or more of those breeds.
It notes that the characteristics "selectively bred into" or otherwise commonly found in those dogs include:
(a) a strong fighting instinct, along with a low level of fighting inhibitions that make pit bulls a hazard to humans, as well as other animals;
(b) a strong chase instinct that experts believe causes pit bulls to be a danger around running children;
(c) a tendency to attack even those who exhibit no provocative behavior;
(d) a diminished tendency to bark, growl or otherwise warn their prey of an intent to attack;
(e) a tendency to fight to the death and never quit a fight once engaged, which results in more severe injuries than those inflicted by other breeds;
(f) the ability to withstand great pain, which makes it difficult for a person or animal to fight off a pit bull attack;
(g) powerful jaws capable of hanging onto victims, even while the animal withstands infliction of injury or pain;
(h) a tendency to tear flesh, which has resulted in grotesque injuries to human victims; and
(i) a combination of agility, stamina and strength, along with a "genetic predisposition to aggressiveness" that makes pit bulls "uniquely dangerous," even to their owners, especially where improperly raised or trained.
Mayor Bob Morris said the board is "well aware" that there are "a lot of g ood pit bull dogs out there." He acknowledged that he does not know anything about them, except what he has read and heard.
"That leads me to believe that they could be a very dangerous animal," he said. "I won't say vicious, but like all dogs, there are a lot of dogs that could be made to be vicious."
While noting that Somerville has a vicious dog ordinance in place, Morris said it does not contain this much detail.
The new ordinance states that other cities consider pit bulls so dangerous to humans and other animals that special legislation restricting or prohibiting their ownership has been enacted. It notes that current methods of control by pit bull owners in Somerville have proved to be "insufficient in protecting the public."
Individuals owning pit bull dogs at the time the ordinance was adopted are allowed to keep them, if they comply with the following provisions within 30 days of the ordinance's effective date:
(a) Register the dog with the city administrator.
(b) Do not allow the dog to go outside its kennel, pen or other proper enclosure unless secured with a leash no longer than 4 feet.
(c) A 2-inch leather collar must be used when the dog is on a leash and must buckle, not snap, onto the dog.
(d) Do not keep the dog on a chain, rope or other type of leash outside its kennel or pen, unless a person of suitable age and discretion is in physical control of the leash. The dog cannot be leashed to inanimate objects, such as trees, posts, buildings or structures.
(e) When it is necessary for the dog to receive veterinary care, it must wear a properly fitted muzzle sufficient to prevent it from biting humans or other animals. The muzzle cannot interfere with the dog's breathing or vision.
At the request of Fayette County Animal Control Officer Thomas Petrowski, the board added a requirement that, while transported to any facility with veterinarians, the dog be enclosed in a portable kennel with a lock. Noting that the dogs are frequentl y transported in pickup trucks, Petrowski said they are not "tied in" or in cages and can easily come out of the trucks.
(f) Except when leashed and muzzled, the dog must be securely confined indoors or in a locked pen, kennel or other secure enclosure suitable to prevent the entry of children and designed to prevent the dog from escaping. The kennel must have a concrete floor, with its post set in concrete, be locked with a key or combination lock when the dog is inside, comply with the city's zoning and building ordinances and other regulations, include shelter and protection from the elements, adequate exercise room, lighting, ventilation and kept in a clean and sanitary condition.
(g) The dog cannot be kept on a porch, patio or in any part of a house or structure that would allow it to exit the building on its own volition, when the windows are open or when screen windows or doors are the only obstacles preventing it from exiting the structure.
Owners must:
(a) display on the kennel or pen and in a prominent place on their property a sign easily readable by the public containing the words, "Beware of Dog."
(b) provide the city administrator proof of public liability insurance in a single-incident amount of $100,000 for bodily injury to or death of any person or for damage to property owned by any person that may result from owning the dog.
(c) provide the city administrator two color photographs of the dog that clearly show its color and approximate size.
(d) report to the city administrator within 10 days after the removal from the city or death of the dog, the birth of offspring or the new address of the owner within the city limits.
No person can sell, barter or in any other way transfer possession of the dog to any person within the city who does not permanently reside in the same household and on the same premises.
All offspring born of the dog within the city must be removed from the corporate limits within six weeks of the birth.
Fa ilure to comply with the provisions of the ordinance will result in immediate seizure and impoundment of the dog. Violators will be subject to a fine prescribed in the general penalty clause of the Somerville Municipal Code.
Each day the violation continues will constitute a separate offense. Violators will pay all expenses, including sums for shelter, food, handling, veterinary care and expert testimony, that are necessitated by their failure to abide by the provisions of the ordinance.
Monterey, Tennessee -
Monterey explores pit bull ban Liz Engel Herald-Citizen Staff
MONTEREY -- The Town of Monterey could soon be joining an ever- growing list of cities considering a ban on pit bulls.
Although the town is a long way from enforcing such a ban, the topic was brought up during Monday night's regular board meeting by alderman David Delk.
"I've had a few people call me and come by and see me and bring it up," Delk told the Herald-Citizen. "I've noticed, and they've noticed, that we're getting quite a few pit bulls in town."
The topic was discussed briefly on Monday, and Monterey Mayor Ken Wiggins agreed to contact MTAS -- the Municiple Technical Advisory Service -- to see how similar ordinances have been drawn up. MTAS Municipal Management Consultant Warren Nevad said in an e-mail that the key to a pit bull ordinance is a clear definition of dog breed and type.
A similar ban on pit bulls has been brought up as recently as last year by Cookeville city officials, but no such ban currently exists in Putnam County.
Sparta has had an ordinance banning pit bulls since August of 2005. That ordinance defines a pit bull as a bull terrier breed, Staffordshire or American bull terrier breed, dogs of mixed breed or of other breed, or any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier. It goes on to say that it is unlawful to keep or any way possess a pit bull within the corporate limits of Sparta, but those owning pit bulls before the ordinance passed must follow a strict set of standards and requirements. For example, each owner must register a pit bull with the city recorder and must provide proof of insurance amounting to $50,000. In addition, all owners are required to post a "Beware of Dog" sign on their premise, and any offspring of pit bulls born in the City of Sparta must be removed within six weeks of the birth.
In order for a ban to take effect, an ordinance must be drafted by or for Monterey and approved on three readings by the town board.
And Delk says he believes he has enough support to get such an ordinance passed.
"I'm a lover of dogs," Delk said, noting that he himself owns a Labrador. "But if you read your paper and watch your TV, you'll notice they (pit bulls) have more problems than anybody.
"I'm just trying to prevent something from happening in the future."
City Hall (931) 839-3770
Mayor KEN WIGGINS 407 W. Commercial Ave. Monterey, TN 38574 839-8404 (Home) Alderman Ward 1 DAVID R. DELK 607 Elmore St Monterey, TN 38574 839-3406 (Home) ERNEST HODGE 517 N. Elm St. Monterey, TN 38574 839-3426 (Home) Alderman Ward 2 MARK E. FARLEY 1020 Farley Ave. Monterey, TN 38574 839-3701 (Home) RICHARD L. SMITH 206 Voln teer Way Monterey, TN 38574 839-7402 (Home) Alderman Ward 3 BILLY R. WHALEN, JR 112 E. Stratton Ave. Monterey, TN 38574 839-7609 (Home) JOHNNY RAY 109 W. Railroad Ave. Monterey, TN 38574 839-3953 (Home) Alderman Ward 4 VICKI HENLEY 101 Locust St. Monterey, TN 38574 839-2787 (Home) TED SHECKLER 103 E. Louis Ave. Monterey, TN 38574 839-6092 (Home)
City administrator Tom Landers says local leaders have heard enough about threats and actual attacks on people by pit bulls in South Pittsburg.
TOM LANDERS, CITY ADMINISTRATOR "Many of the animals we have in town run loose. There's a leash law, but they still run loose. We just got to the point where we're going to enforce the law."
And in this case, the focus is on pit bulls.
CHARLES HAGGARD, FORMERM PIT BULL BREEDER "They can turn on you if you don't treat them right. Keeping them chained up, penned up is a good idea."
SHAWN GRIFFIN, SOUTH PITTSBURG "A woman was dropping off her kids down here at Richard Hardy Memorial. They ran her. She had to climb in top of her vehicle to get away."
There are plenty of case histories of people maimed or killed by the steel-jawed animals, but owners say there are pit bulls and there are pit bulls.
Nathan Ellis runs an auto-repair shop just off Cedar street, and he has two normally friends dogs protecting cars. He says they can be dangerous to anyone who goes inside the fence at night, but Nathan says that's the whole point.
NATHAN ELLIS, PRO-TECH AUTOMOTIVE "I agree that they are aggressive dogs. They need to be restrained, but don't limit one breed. You can't say my dogs don't do anything. They do have a bad rep about them 'cause people make them that way."
So Nathan has started a petition campaign to force the city to change the law or at least include more breeds, not just the pits. In the meantime, he is has two small doberman's at the shop. City administrator Landers says the rule will stay, but a battle over pets and threats seems to be shaping up.
The city administrator says the new ordinance banning the pit bulls will be phased in over the next few weeks.
Indy Mayor Wants Pit Bull Ban Peterson 'Sick To Death' Of Attacks On People
INDIANAPOLIS -- The city's mayor on Wednesday said he'll ask the City-County Council to ban pit bulls in Marion County, citing recent dog attacks on residents.
"More kids and more people in our community (are) getting torn up by pit bulls, and I'm just sick to death of it," Mayor Bart Peterson told 6News' Rick Hightower.
"We're seeing people being mauled in our city and kids being mauled and disfigured for life. Undoubtedly there will be one killed before too long, at this rate," Peterson said.
Last year, the council passed an ordinance that defined dangerous animals and prescribed penalties for the owners of those that attack people.
Before the measure passed, council members considered focusing on pit bulls because one disfigured a 2-year-old girl in May 2006. Ultimately, however, the council decided the ordinance wouldn't single out any breed, but rather cover any animal that fit one of four descriptions, such as having chased a person in a menacing fashion.
Local pit bull owners with whom 6News talked Wednesday were not impressed with Peterson's call for a ban. Nathan Hampton said his pit bull, Jasmine, has never bitten anyone. He said he Jasmine is a pet who offers him protection.
"There's a lot of people that have pit bulls, and most people don't use (their) dogs to fight," Hampton said. "They just use them for protection like everybody else."
Marcus Johnson, whom animal control officers cited this month on suspicion that one of his pit bulls attacked a man, said he would oppose a ban.
"I really don't agree with them trying to ban pit bulls because a pit bull is a dog. That means you should ban all dogs if that's the situation," Johnson said.
Peterson acknowledged he would face opposition over his idea, but he said a struggle would be worth it if a ban prevents attacks on children.
"I think these animals ought to be banned from Indianapolis. I don't want to see them in Marion County," he said. A ban would not be without precedent. Denver and Miami have banned the breed, and the Massachusetts Legislature is considering a statewide ban.
News | Published on Monday May 7, 2007Batesville has a bigger problem with pit bulls than any other breed of dog; in fact, Animal Control Officer Jeff Pender says 60 percent of his nuisance dog calls are about pit bulls.
Tuesday night, the Batesville City Council is scheduled to hear from Pender, who will bring a proposed ordinance that would limit the number of pit bull terriers and pit bull mixes an owner may keep (and they must be spayed or neutered) and prevent others from moving in. This, he said, would eventually lead to no pit bulls in the city.
However, there may be some resistance on the city council, as some aldermen say the city already has a vicious animal ordinance.
Pender said the vicious animal ordinance defines such an animal as one that “has a known disposition or tendency to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; however, the fact that an animal has bitten or attempted to bite some person that was teasing the animal shall not constitute the animal a vicious animal within the meaning of this ordinance.”
Batesville city code prohibits vicious animals.
Pender said the vicious animal ban is not enough; the current code targets those already “known,” not the ones that “could.”
Too many, he said, can get off their chains. The proposed ordinance would require a minimum of a 10-by-10-foot (per animal) chain link pen with a lock.
“I get calls from the post office and the public” about pit bulls, more than any other breed, Pender said.
“More of my neglect and abuse cases are pit bulls. More of my aggressive dog calls are pit bulls. More of my running at large cases are pit bulls,” he continued.
“When I get a call after hours or on weekends, it’s for pit bulls. Most of the common house dogs, people aren’t afraid of.”
He said there was a case recently on Rounds Road, outside the city limits, in which a 4-year-old girl was attacked by a pit bull and required multiple stitches on her face. There have been other instances of attacks in this county and others, Pender said.
Pender, who raised pit bulls himself for about 20 years, also said not all of Batesville’s pit bulls are bad, but they are a big concern. “I have folks that have good dogs, but they’re (owned by) good folks. And then I have dogs that are bad. ... It’s all in how they’re raised.”
He’s seen five or six dogs kept in a yard barely big enough for two, he added. There have also been instances of illegal dog fighting, he said, but he has yet to have enough evidence to prosecute. Still, he can tell by wounds, cuts and scars on some pit bulls’ faces.
Pit bulls have been a problem “since the day I took the job” in April 2002, he said.
For now, though, Pender stressed this is not a total ban; it would start out by limiting the number of pit bulls one owner or household can have to two.
“I’m trying to control the population,” he told the Guard. “I didn’t want to draw a line in the sand and say, ‘No more pit bulls,’ ... (but) I didn’t want them running rampant. ...
“I’m just trying to take better control of the animals I have. ... If I don’t take a stand now and somebody gets hurt in the city, that doesn’t say much for me.”
Furthermore, if the council passes the ordinance, no more pit bulls would be allowed to be brought into the city.
The council will meet at 5:30 p.m. Tuesday in city hall.
The agenda also includes utilities business, consideration of the city’s joining the Arkansas Public Employees Retirement System, presentations from James Brazier regarding broadband wireless and Dustin Wish regarding Indco.net and a review of bills.
Any citizen may address the council with comments or concerns under the “Comments from Citizens” portion of the agenda.
Mayor
Rick Elumbaugh #1 Lake Oak Drive Batesville, AR 72501 (870) 612-7946
Jeff Pender 3890 Melton Dr Batesville, AR 72501-2100 (870) 612-5530
Neighbors fearful after two attacks by pit bulls
Animal Control chief says his hands are tied
By HEATHER DONAHOE Staff Writer FRANKLIN TENNESSEE— The recent deaths of two family pets at the teeth of pit bulls in a Franklin neighborhood again raise the question of how much responsibility a pet owner must take for an animal's actions.
According to Williamson County Animal Control Director Tony Fortner, state laws leave his agency with limited options for dealing with vicious animals such as the ones that killed a mopey old bassett hound earlier this week and a beloved Rottweiler last month, both in the Cadet neighborhood near Roper's Knob
"About the only thing we can do is charge people with having their dogs at-large," Fortner said. "Unfortunately, there is no vicious- or dangerous-dog law in Tennessee."
The neighborhood where the attacks occurred, across the street from Liberty Elementary School, has seen a rise in the number of residents keeping pit bulls as pets, Fortner said.
"It's a problem that started picking up a few years ago, but we've always had issues out there with dangerous dogs," he said. "We do patrols daily through that neighborhood, looking for them."
Melissa Kidd's 10-year-old Rottweiler named Buzz was killed in April by a pit bull that lived one street over from her Arsenal Court home. Kidd said she sees people walking pit bulls in the neighborhood frequently and believes those owners should be required to adhere to special requirements.
"I feel that they should be able to own them, but if they do, they should have strict rules on these dogs, something like having certain strong fences or other restraints," Kidd said. "If they're not responsible enough to handle pit bulls, they shouldn't be allowed to have them."
The owner of the pit bull that killed Kidd's dog has agreed to pay for Buzz's emergency veterinary bills, burial and his value.Children may be at risk
Kidd's greater concern, however, is the danger that pit bulls pose to her children, ages 14, 8 and 16 months.
Cadet Lane neighbor Carolyn Marlin, whose bassett Elvis was killed by a pit bull on Monday, has the same worries.
"My 1-year-old grandbaby was in the front yard when it happened. What if that had been her instead of Elvis?" Marlin said. "This neighborhood is full of kids, and it's also getting to be known for pit bulls. That just scares me to death."
The pit bull that killed Elvis was picked up by Animal Control after the attack, and the owner has yet to come forward. Fortner said the animal likely will be euthanized.
"If we had an owner in this case, we could get him into court and charge him," Fortner said. "At that point, it would be up to a judge to assist in what we need to do. He or she could declare that the pet be euthanized or impose a fine. When we can have the option, the court system usually works really well for us."Tougher law sought
Animal Control's lack of recourse for handling the problem efficiently could be remedied if dog-related legislation sponsored by state Sen. Doug Jackson is passed. Three of Jackson's four bills, which would increase dog owners' accountability and responsibility, already have passed in the Senate. Jackson said he is optimistic of the same outcome in the House by the end of the legislative session.
"The current law in Tennessee goes all the way back to the 1600s," Jackson said. "It's actually England's first-bite rule, which prevents anything from being done to an owner unless their dog has previously bitten someone else."
Jackson's legislation would eliminate that first-bite requirement and carry amplified penalties for owners of certain breeds of dogs, dogs-at-large or facilitators of dog fights. He acknowledges that some people are resistant to the notion of enhanced dog laws.
"There are so many dog owners out there, and placing new responsibilities on people can create opposition," Jackson said. "But the fact is, making pet owners be more accountable and responsible are the only ways to keep people safe. Any one of us or our children could be a victim, and that's why this is so important."
TOWSON, Maryland. A string of recent dog attacks in the Towson area has residents and at least one lawmaker calling for change.
As Derek Valcourt reports, the latest attacks happened to two young children at the jaws of one ferocious pit bull.
Nine-year-old Scottie Mason was attacked in an alley near his home last Saturday.
The dog responsible for the attack also recently injured 10-year-old Dominic Solesky, leaving him recovering at an area hospital.
"No child should have to endure that and the sight that I have seen I just hope I never have to see again," said Irene Solesky. "The memories are forever etched in my mind," she added.
Baltimore County Councilman Vince Gardina said current laws are not strong enough and that changes should be made to prevent rather than just react to a dog bite.
"When a child is attacked in such a vicious manner I think we have a responsibility to do whatever we can to prohibit that from happening again," said Gardina.
Anthony Solesky said his son was so severely hurt that it has been a highlight of his recovery that he can say "hi" and actually speak to loved ones.
Gardina has joined calls for tougher rules specifically aimed at pit bulls. One of his proposals would be to have a pit bull registry created similar to registries for sex offenders.
"If a sex offender, [is] in the neighborhood, you know he's there. If a person has a pit bull, the neighbors should know it," said Gardina.
Each year about 1,000 dog bites get recorded by county health officials.
Despite the repeated and recurring attacks, officials said a ban on pit bulls altogether would not be likely.
"There's no way to sort of justify a specific breed ban because I think that that ends up creating a lot of stereotyping around a particular type of dog that may not be warranted," said Baltimore County Health Commissioner Dr. Pierre Vigilance.
The recent attacks on the boys in the Towson area came just about a week after a family's small dog was killed by two neighborhood pit bulls.
One of the dogs was euthanized and the other was put in the custody of animal control.
James T. Smith Jr. County Executive Court House, Mezzanine 400 Washington Avenue Towson, MD 21204 410-887-2450 jimsmith@baltimorecountymd.gov
County Council Court House, Second Floor 400 Washington Avenue Towson, Maryland 21204 410-887-3196 Fax: 410-887-5791 Web: www.baltimorecountycouncil.org
URGENT SC ALERT - PETA URGES DORCHESTER COUNTY TO BAN PIT BULLS IN WAKE OF FATAL ATTACK ON TODDLER
‘Brian’s Law’ Could Prevent Future Tragedies, Says Group
Dorchester County, S.C. — This morning, PETA sent an urgent letter to Dorchester County Council Chair Larry Hargett and other council members urging them to follow the lead of dozens of other jurisdictions across the country by banning or strictly regulating pit bull ownership. The appeal follows news reports of an April 23 incident in which a pit bull fatally attacked 1 ½-year-old Brian Palmer in his mother’s home. News sources state that the dog—who also killed a family cat just weeks earlier—was typically confined to a utility room in the home before she escaped on Monday.
PETA is asking the Dorchester County Council to ban the acquisition of pit bulls and strictly regulate grandfathered ownership of pit bulls currently living in homes. PETA—which has offered to assist the county in drafting the legislation—also suggests that the ordinance be named "Brian’s Law" in honor of the victim.
PETA points out that that its offices are inundated with calls about pit bulls who injure and sometimes kill people after being neglected, abused, or used for fighting. Usually, people who acquire pit bulls see them as living weapons and put the animals in heavy chains, taunt them into aggressive behavior, and leave them out in all weather extremes in order to "toughen" them.
Communities across the country—including Denver, Colo.; Dade County, Fla.; Kansas City, Kan.; and Boston, Mass.—have banned or regulated pit bull ownership. Because unsterilized dogs are almost three times more likely to attack than dogs who have been spayed or neutered, California recently passed a law allowing jurisdictions within the state to mandate the spaying and neutering of pit bulls. Continuous chaining is also a major cause of aggression in pit bulls and other breeds. Dogs are pack animals, and they become frustrated when they are chained or confined alone. This frustration often turns into aggression.
"More and more communities are realizing that the best way to prevent another tragic death like Brian’s is to enact a ban on acquiring pit bulls," says PETA Director Daphna Nachminovitch. "We urge Dorchester County to join their ranks by immediately introducing this urgently needed legislation."
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I just spoke with a Dorchester County Councilman and have a meeting scheduled with him first thing tomorrow morning. I'll also be meeting with board members to put a special committee in place to meet PETA head on. If anyone is interested in helping out or would like to be kept up to date please feel free to e-mail or call.
Payette County - Many Payette County residents already know that the Payette County Commissioners approved a breed-specific dangerous dog ordinance recently, but many may not understand why the decision was made and the circumstances leading up to it. Payette County Commissioners Larry Church and Marc Shigeta said Fruitland City Councilman and Payette County Coroner Keith Schuller was instrumental in researching and presenting the ordinance to the board. In an interview Tuesday, Schuller described multiple attacks, all within a year, in Fruitland that pushed the issue to the forefront for him.
“We agreed with his (Schuller’s) information,” Church said. “His concern was for public health and safety.”
Schuller said one incident involved a Fruitland police officer who was attacked by a pit bull that was running loose. Another incident occurred when a pit bull attacked 4-H pigs and threatened a police officer, Schuller said. In both instances, Schuller said the dogs were shot to prevent further harm to the officer. According to a handout from Schuller, “dangerous dogs can impair a neighborhood’s quality of life,” and he said it is important for city and county residents to always feel safe while jogging, riding bikes or playing in parks.
“All dogs bite, but when a pit bull bites, it’s different,” Schuller said. “Most dogs bite and let go.”
Those incidents brought the issue of pit bull attacks to Schuller’s attention, but the pit bull attack on an Ontario resident early last year caused Schuller to take the next step. Schuller presented a pit bull ordinance — based on a similar mandate in Denver, Colo., — to the Fruitland City Council, which it passed in May. The city of Payette then passed an ordinance similar to Fruitland’s in October
Shigeta said it was practical to follow suit with the two largest communities in the county.
“I think they are going to talk to the city of New Plymouth,” Shigeta said. “They’re going to try to make it countywide within our municipalities as well.”
The ordinances require pit bull owners to register their dogs for $500 per year ($475 if spayed or neutered), acquire a $1 million public liability insurance policy, have the dog microchiped and spay or neuter the animal. Also, no new pit bulls can be brought into the county or city limits of Fruitland or Payette. Schuller said the county or sheriff’s office may present a similar proposal to the New Plymouth City Council in the future.
“It doesn’t seem quite right — when owners don’t provide all the resources and the person bitten ends up footing the whole bill,” Shigeta said.
Schuller owned a pit bull when his daughters were young to protect them, but said one day the dog turned on one of his daughters and attacked her face. After that incident, Schuller said he began to research the breed, and even attended a pit bull fight as part of that research.
Schuller said in his research, he found that pit bulls have been bred to kill for many years, have very strong jaws and usually do not let go until the thing being attacked is dead. Schuller referenced No. 9 of the defining characteristics in the ordinance as a major factor in presenting a breed-specific mandate. No. 9 in the county ordinance states: “a combination of agility, stamina, and strength, together with a genetic predisposition to aggressiveness, that makes pit bulls uniquely dangerous, even to their owners, among all breeds of dogs, especially where improperly raised or trained.”
Denver’s breed-specific ordinance the Payette County ordinances are based on has stood up many times in court, Schuller said. If a suit was ever filed against the county, Shigeta said the liability insurance the county carries would cover legal expenses.
The city of Denver’s ordinance is again in the court system — this time three women have filed a federal lawsuit claiming the procedures used to enforce the ordinance violate owners’ rights against self-incrimination, according to information from the Rocky Mountain News Web site.
“There’s no way you can tell by looking at the dog when it’s going to someday attack someone,” Schuller said.
Payette, Idaho
Mayor
Doug Henderson
2015 Center Ave
Payette, ID 83661
208-642-6064
Council President
Lee Nelson
1175 S Park St
Payette, ID 83661
208-642-9865
Council Member
Georgia Hanigan
120 S 21 St
Payette, ID 83661
208-642-4605
Council Member
Mark Heleker
945 Hughes Dr
Payette, ID 83661
208-642-1334
Council Member
Vallery Klitch
290 Farber Dr
Payette, ID 83661
208-642-4126
Council Member
Ivan Mussell
925 Hughes Dr
208-642-2208
Council Member
Jeff Williams
1438 Second Ave S
Payette, ID 83661
208-642-4601
Fruitland, Idaho
Mayor
Tom Limbaugh
521 N Whitley Dr
Fruitland, ID 83619
208-452-4847
Council Member
Keith Schuller
718 S Pennsylvania Ave
Fruitland, ID 83619
208-452-3377
Council Member
Ed Pierson
106 NW Ninth St
Fruitland, ID 83619
208-452-6352
Resident wants all pit bulls, Rottweilers classified as dangerous animals
Punta Gorda, Florida
Bill Hempel believes Charlotte County should require owners of pit bulls and Rottweilers to take prudent steps to protect the public.
But his quest to single out certain breeds has some furious.
Hempel submitted a letter to the Charlotte County Commission and Punta Gorda City Council Tuesday requesting they revamp guidelines for dangerous dogs -- specifically pit bulls and Rottweilers.
The Punta Gorda resident became motivated to change current policies after hearing about the pit bull attack that left two Port Charlotte teens injured last month. The dog repeatedly bit and chased the girls as they were walking home from the Port Charlotte Beach Complex March 17. The girls suffered cuts and puncture wounds on their arms and legs. In addition, the dog severely damaged the vehicle of the man who stopped to help the teens. The pit bull was euthanized March 30.
"We need to be proactive to protect the public -- not reactive," Hempel said.
The ordinance would require all pit bull and Rottweiler owners to post a sign on their property stating a dangerous dog lives there. In addition, owners would have to keep the animal secured within their home or fenced yard, and use a leash of sufficient strength to restrain the animal during walks.
"The ordinance puts into place guidelines any prudent owner would already do," Hempel said. "It doesn't violate a owner's civil rights to own the dog."
Punta Gorda Mayor Larry Friedman said the letter raised some valid issues, but he would like to corroborate the facts presented.
"It's too premature for me or anyone to have an opinion on it until we do some research," he said. "I don't know if this is feasible or legal at this point."
According to Florida Statute 767.14, any local governmental entity may develop further restrictions or additional requirements on owners of dangerous dogs, provided no such regulation is breed-specific.
Friedman said the city's legal staff is reviewing the statistics provided in Hempel's letter, and conducting additional research. The matter could be addressed as early as the City Council's Wednesday meeting.
"If it seems like the prudent thing to do, we will pursue it," Friedman said.
In the letter, Hempel cites national statistics of dog bites, highlighting the percentage of fatal and maiming attacks caused by pit bulls or Rottweilers. He argues more than two-thirds of these attacks are by dogs that have no history of such aggression.
"This fact clearly illustrates the need to identify the dangers these animals present before the attack occurs, rather than after an attack as we do now," Hempel said in the letter.
According to the Centers for Disease Control, there are more than 4.5 million dog bites each year, with about 12 resulting in death.
However, calculating dog bite statistics from each breed is near impossible, since no central reporting agency exists, a CDC official said.
"There is currently no accurate way to identify the number of dogs of a particular breed, and consequently no measure to determine which breeds are more likely to attack," said Gail Hayes, senior press officer with the CDC's Injury Center, in an e-mail.
Despite Hempel's pleas, some officials were less receptive to the breed-specific restrictions.
Charlotte County has an ordinance allowing animal control officials to declare a dog threatening, dangerous or vicious. The three-level system -- established in 2006 -- defines each classification and subsequent penalties if the dog attacks another animal or human.
Owners may be charged with a crime if the dog attacks a person or domestic animal without provocation, and the dog had been designated dangerous prior to the incident. Only level 1 and 2 dangerous dogs are returned to their owners following the designation. A level 3 dangerous dog is destroyed.
Owners of dogs without classifications could face charges if the animal severely injures or kills a person and the owner had previous knowledge of the its vicious tendencies.
"I feel the existing ordinance is sufficient to manage any problems we have with vicious dogs," said Dick Loftus, Charlotte County Commission chairman. "I don't think we should narrow it down to individual breeds."
Hempel believes the ordinance isn't sufficient, as it is filled with red tape.
"The current ordinance is too reactive," he said. "A dog is declared dangerous only after it has attacked a person or killed an animal.
"A class one classification gives law enforcement the ability to confiscate the animal after its first attack on another human rather than waiting for a second or third attack."
Charlotte County isn't the first community to debate dangerous dog policies.
Many communities have taken a similar approach to prevent dog attacks using breed-specific legislation, which places strict guidelines or bans on certain dogs, such as pit bulls. Currently, cities like Denver, Harlem and Queens have bans on pit bulls, while many others have considered similar action.
But dog advocates believe breed specific legislation doesn't work and is equivalent to canine discrimination.
"For people to say all pit bulls are bad is a fallacy," said Carol Vealy-Ellis, a Lehigh Acres resident and owner of a pit bull. "I think the dogs need to be judged on their own temperament -- not as a whole."
During a recent interview, Lt. Brian Jones of Charlotte County Animal Control said the agency doesn't have any statistics showing a trend of pit bull aggression to justify discrimination of the breed. Since 2001, Animal Control has euthanized two pit bulls.
"We kind of call them like we see them," Jones said, referring to the potential danger of a specific breed.
Hempel doesn't want to take any chances.
He said the county needs to revisit its dangerous dog policies to ensure proper measures are taken ahead of time.
"If there are no bad dogs -- only bad owners -- then why not put into place regulations that cause bad owners to take the preventive measures a good owner would take?" Hempel said in the letter.
Proposed changes to Charlotte County's dangerous dog law as presented by Bill Hempel:
* Owners of pit bulls and Rottweilers would be required to post a sign on their property stating a dangerous dog lives there.
* Owners would be required to keep the animal secured within the home, or if outside, securely contained within a fenced area or pen.
* When walking the dog, owners must use a leash or chain of sufficient strength to restrain the animal.
* Modifications wouldn't infringe on right to own pit bull or Rottweiler.
For a complete description of each of the current dangerous dog classifications, along with the requirements for owners of a dangerous dog, visit the Sun Web site at www.sun-herald.com.
You can e-mail Jason Witz at jwitz@sun-herald.com.
The Chipley City Council imposed a set of conditions on those who wish to own pit bull dogs within city limits. Faye Rabon is friends of the Chipley family who lost their six-year-old son to a pit bull. Several years ago, the dog fatally attacked the boy while he was playing in his parent's backyard. The city council imposed a $200 per year registration fee on those who want to keep a pit bull as a pet. The owner must also keep the dog behind a six-foot chain link fence and if on a leash the dog must wear a muzzle. Chipley City Manager Jim Morris says, “Pit bulls are very dangerous animals, especially to smaller children, but we have a lot of homeowners who have them tied-up in the backyard and they smell and don't keep them like they should."
Cedar City mom petitions for ban on pit bull dogsCedar City, Utah
The scars on her daughter's face are a constant incentive for Deval Burr's campaign to ban pit bull dogs in this southern Utah town. The Spectrum newspaper of St. George reports today that 4-year-old Jylinn Burr still wears the wounds from an August 2006 pit bull attack around her left eye and chin. She is scheduled to undergo several surgeries to repair the damage. "It's a safety matter; it's a public safety issue at this point," Deval Burr says. She and her neighbor, Christy Hugh, are gathering signatures in support of banning three breeds referred to as pit bulls. They also seek to restrict Rottweilers, Akitas and chows. Burr and Hugh plan to present their petition to the Cedar City Council Wednesday.
Humane Society aims to ban practice of chaining dogs
Gainesville, Georgia
A chained dog is a danger to itself and to everyone around it.
That's the view of the Humane Society of Hall County, which is seeking to have the practice banned locally.
Humane Society president Rick Aiken made a presentation to the Gainesville City Council on Thursday morning, hoping to persuade them to pass an anti-chaining ordinance.
"Obviously they had some questions, but I was real pleased with the response," he said afterward. "We focused on the safety issue, because that's something everybody can understand, even if they're not an animal lover."
Aiken said Hall averages about one dog-bite case per day, and he cited a Centers for Disease Control study showing that a chained dog is three times more likely to bite someone.
He also addressed the beautification aspect.
"The city doesn't let you park a car in the yard because it ruins the grass," he said. "Yet chaining a dog in one place wears all the grass away and does just as much damage from an aesthetic standpoint."
Several metro Atlanta counties, including DeKalb, Cobb and Gwinnett, already have some form of anti-chaining law.
Gainesville Mayor Bob Hamrick asked Aiken to provide copies of other ordinances for the council to study.
Mayor Pro-Tem Myrtle Figueras questioned whether Gainesville needs a new law or if simply educating pet owners might suffice.
But Councilwoman Ruth Bruner seemed to feel an ordinance is necessary.
"I think if people are going to chain their dog up, they just don't need a dog," she said.
Aiken said he also plans to approach the Hall County Commission within a few months to request a similar ordinance.
Gainesville City Manager Bryan Shuler said if both governments ban the practice at the same time, it might make enforcement easier and less confusing.
If laws are passed in Gainesville and Hall, it will be part of a growing national trend. Adam Goldfarb, spokesman for the Humane Society of the United States, said more than 100 communities in 30 states have adopted such ordinances, "but there's a lot of variation in what they will allow."
Some towns, for example, allow owners to chain dogs for short periods of time. But Aiken is pushing for a total ban. "It would be hard to enforce if it were limited to a certain number of hours," he said. "It needs to be all or nothing."
Tara Mitchell, spokeswoman for a PAWS Atlanta, a private, no-kill animal shelter in Decatur, said she was glad DeKalb County passed its ordinance two years ago.
"It's had a huge positive influence," she said. "At least with the law, if someone calls and complains about a dog that's tied up, there's something animal control can do."
Aiken said Hall animal control frequently gets calls about chained dogs, but as long as the dog has adequate food, water and shelter, the owner can't be cited for anything.
Wednesday, Banks County officials announced plans to charge Randall Morgan, a Jackson County Sheriff's deputy, with animal cruelty after four chained, dead dogs were found on his property near Homer. But Morgan's alleged crime is starving the animals, not chaining them.
Goldfarb said local governments are beginning to recognize that chaining in itself is cruel.
"A dog's well-being isn't just physical," he said. "The main problem with chaining is the isolation. Dogs are social animals and need to be with people. Some of these owners treat them as if they're nothing more than living lawn ornaments."
Deprived of social contact and stimulation, chained dogs typically become neurotic.
"They tend to be very territorial, and they also develop aggression as a way of defending themselves, because they can't get away if they're threatened," said Goldfarb.
That makes these dogs especially dangerous if they get loose. "Sooner or later, a chain breaks, and then it's a threat to the entire community," he said.
Goldfarb said more than 70 percent of the dogs involved in fatal attacks are non-neutered males.
"When you put a dog like that on a chain, it's a setup for tragedy," he said. "And so many of these incidents involve children who wander within the dog's reach."
Goldfarb added that people who engage in the illegal sport of dogfighting usually chain their dogs deliberately to make them more aggressive.
"Chaining is the confinement method of choice for fighting dogs, so by eliminating chaining you can also cut down on dogfighting," he said.
Chaining can also leave a dog with physical and mental scars that never quite heal.
"We've had dogs come into our shelter wearing outgrown collars that have become embedded in their skin," said Mitchell. "And many chained dogs are so unsocialized that no one wants them. I adopted a dog who still has behavior problems as a result of being tied up."
Aiken doesn't see the point of getting a dog that's going to be left outside all the time with no human interaction.
"Why have a dog if it's chained 24 hours a day, 365 days a year?" he said. "That's a form of torture."
Some owners might argue that chaining is their only choice if leash laws don't allow them to let the dog run loose and they don't have the money to build a fence.
But Mitchell said that's not an excuse. "If you don't have a fenced yard, then you walk him twice a day and keep him indoors the rest of the time," she said.
"That's where a dog wants to be anyway, with the family."
Heads up bull breed owners in Fayetteville, Tennessee.... your constitutional right to due process is being violated!
After reading a very vague article this morning regarding a new ordinance in Fayetteville, I contacted Kevin Helms, the city administrator for Fayetteville. BSL has been passed, and it targets bull breeds. It is based on a modified version of Denver's ordinance. (However, any dog can be deemed dangerous and be subject to the same regulations if it exhibits dangerous tendencies.
The suggestion to research and implement BSL was at the request of the local humane society.
City Administrator Helms advised that after meeting with several resident pit bull owners, the city is considering additional modifications to the ordinance, including relieving owners of the insurance requirement and lowering the registration fee.
Because the ordinance is based on Denver's, I advised him that Denver animal control issued a statement in December 2006 that their ban has little or no effect on the number of pit bulls in Denver. I also advised him that in Tennessee, dogs are considered "property" and, therefore, subjecting owners to regulations and penalties by deeming their dog dangerous without the benefit of a hearing is a violation of due process.
Mr. Helms advised that at this time, there are no plans to remove the breed specific language from the ordinance. I don't know that educating the city would do any good, but perhaps it might be worth a shot. They seem to be listening to their citizens in modifying the law, so... never hurts to try and contact information is below.
The ordinance goes into effect in 90 days.
If you live in Fayetteville or know a bull breed owner who lives there, or near there PLEASE encourage them to challenge this ordinance!
Jodi
*Kevin Helms, City Administrator helmsk@fpunet.com
*Steven Broadway, City Attorney sbroadway@fpunet.com
