
Breed Specific Legislation
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When Breed Should be Ignored
Can a law that bans or restricts ownership of specific breeds of dogs--called
a "breed-specific law"--protect the members of your community from dog
attacks?
According to experts, the answer is no.
Why? Popular breeds come and go. When ownership of one breed of dog is
outlawed, those who want a dangerous dog simply turn to another breed.
The Doberman pinscher--known as the dangerous dog breed of the
1970swas replaced in popularity by the pit bull in the '80s and the
rottweiler in the '90s.
Breed-specific laws require that someone be able to prove that a specific
dog is a member, or a mix, of that breed--not always an easy task. Boxers
and bulldogs, for instance, may be mistaken for pit bulls. Any medium-large
sized black and tan dog with a long tail may be mistakenly labeled as a
German shepherd.
Breed-specific legislation doesn't acknowledge the fact that a dog of any
breed can become dangerous. The law should protect your community from
any such dog.
Breed-specific laws are difficult, costly, and sometimes impossible to
enforce. It's one thing to require that every rottweiler in your community
be muzzled whenever outside of the home; it's another to fund and support
adequate animal-control staff to ensure that this happens.
In 1987 the Cincinnati City Council banned all pit bulls within the city after
a series of severe maulings and one human fatality involving the dogs. The
ban was passed even though the state of Ohio and the city of Cincinnati
already had statutes that allowed authorities to seize any dog known to have
injured or killed a person or another dog. Nearly ten years later, the
council's law committee recommended that the ban be repealed, saying that
it was unnecessary. The council recommended that pit bulls be handled like
any other dogs and that owners be prosecuted only when the dogs were
unrestrained or exhibited dangerous behavior. It made this
recommendation in part due to the cost of enforcement. Confiscated dogs
spent up to five months at the city's contracted shelter while the cases
against the dogs' owners were being litigated. Many of the confiscated dogs
were family companions with no history of aggression.
Legislation that restricts breeds may actually create a population of
dangerous dogs within your community. When a community imposes strict
regulations on a specific breed of dog, owners of those dogs may end up
chaining or caging the dogs for long periods of time. Dogs so chained or
caged can be so desperate for activity that they become uncontrollable
should they escape. Restricted dogs often receive little veterinary care
because it is difficult for their owners to transport them to a veterinary
facility without violating restrictions. Most importantly, restricted dogs who
don't get to experience normal opportunities for socialization and training
will undoubtedly act in an unpredictable fashion when exposed to the real
world.
The HSUS advocates laws that penalize the owners of dogs, not the dogs
themselves, for dangerous behavior. Breed-specific legislation doesn't
acknowledge the fact that a dog of any breed--or mix--can become
dangerous. |
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New task force addresses canine aggression
During its inaugural meeting, Aug 15-17 [1998], the AVMA Task Force
on Canine Aggression and Human-Canine Interactions began
developing a multifaceted, community-oriented model program to
address canine aggression and injury caused by dog bites. The
15-member task force includes representatives from the AVMA, the
American College of Veterinary Behaviorists, the American Academy of
Pediatrics, the American College of Emergency Physicians, the PLIT
[Professional Liability Insurance Trust], the insurance industry, the
American Medical Association, national humane organizations, the
National Animal Control Association, the Centers for Disease Control
and Prevention, and the legal profession.
Working from issues raised during breakout sessions of the 1996
AVMA Animal Welfare Forum on human-canine interactions, the task
force identified needed components of a program to prevent dog bites.
These included methods for reliable reporting,
multidisciplinary/multiprofessional involvement, well-enforced
ordinances to control dangerous dogs, education of health care
professionals, public education, a media focus, and sufficient
infrastructure to coordinate the program.
[end of quote]
And this is the view of the Task Force on the subject of Breed Specific
Legislation. I quote:
Regulatory issues and legislation
Concerns about "dangerous" dogs have caused many local
governments to consider supplementing or replacing existing animal
control laws with breed-specific ordinances. Members of the task force
agreed that current statistics on fatalities and injuries caused by dogs
cannot be used to responsibly document the dangerousness of particular
breeds.
Task force members believe that legislators can respond effectively to
citizen pressure for action regarding "dangerous" dogs without
introducing breed-specific ordinances. Dangerous dog laws can be
enacted that appropriately place responsibility for dog behavior on
owners and current laws, if appropriately enforced, are often sufficient.
During the next several months, members of the subcommittee on
regulatory and professional issues will generate a document specifying
what they believe should be included in effective legislation for the
control of dangerous dogs, as well as the potential impact of civil
remedies.
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