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Breed
Specific Legislation
Breed Specific Legislation or "BSL" is
exactly what it sounds like...regulation of your right to own or, in many cases, not own, a dog based solely on the breed
or "type" of dog - not your responsibility as an owner. BSL can also refer to regulations and/or requirements
placed only on a specific breed of dog and their owners.
No matter how you define it, BSL targets all dogs of a specific breed -- the
innocent as well as the guilty - and it removes the responsibility from the dog's owner and places it on the dog
itself. Laws are created to punish or deter the actions of humans - not those of animals
- and the failure to recognize the integral role or irresponsible ownership is the biggest reason that breed specific legislation
fails.
Laws are being proposed every day that are intended to take
away our rights to own particular dogs for no reason other than their breed and/or their resemblance to a certain breed.
Most instances are fueled by media hype and the fears fueled by that hype. There is no such thing as a vicious
breed of dog, and a dog's appearance has nothing to do with his actions or behavior.
BSL is an inadequate and uneducated "band-aid" quick fix to
address the gushing "wound" of irresponsible ownership and lack of personal accountability.
To stay updated
on BSL alerts and/or to become more active in the fight against breed specific legislation, please join our Yahoo group...FightBSL
Click to join fightBSL
States that prohibit
breed specific legislation:
California, Colorado, Florida, Illinois, Maine, Minnesota, New Jersey,
New York, Oklahoma, Pennsylvania, Texas and Washington.
BSL... not just for "pit bulls"
If you think only pit bull owners need to be concerned about breed
specific legislation ("BSL"), the following list should shatter your illusions:
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American Pit Bull Terrier |
American Staffordshire Terrier |
Staffordshire Bull Terrier |
|
Akita |
Doberman Pinscher |
Scottish Deerhound |
|
Belgian Malamois |
Cane Corso |
Fila Brasileiro |
|
Great Dane |
Bull Mastiff |
St. Bernard |
|
Dogo Argentino |
Boxer |
Shar Pai |
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Alaskan Malamute |
Siberian Husky |
American Bulldog |
|
Presa Canario |
German Shephard |
Rottweiler |
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Chow Chow |
Rhodesian Ridgeback |
Dogue de Bordeaux |
|
Tosu Inu |
Irish Wolf Hound |
English Mastiff |
|
Mastiff |
Great Pyrenees |
Wolf Hybrids |
Why breed specific legislation is a concern for ALL
dog owners!
Do you still think you can't be affected by
breed specific legislation because you don't own a pit bull? If so, think again...
As previously mentioned, breed
specific ordinances tend tofocus on the way a dog looks rather than the breed of the dog....this is particularly
true with so-called "pit bull bans." Why? Because accurate "pit bull" identification is difficult, if not impossible.
These ordinances are worded extremely broadly in order to include ANY dog that simply resembles
a pit bull. Please take a look at the "definition" of a pit bull
from actual breed specific ordinances across the country:
Hugoton, Kansas
Any pit bull dog. "Pit bull dog" means
any and all the following dogs: (a) the Staffordshire Bull Terrier breed of dogs; (b) The American Staffordshire
Terrier breed of dogs; (c) The American Pit Bull Terrier breed of dog; (d) any other breed commonly known as Pit Bull,
Pit Bull Dog or Pit Bull Terrier; or (e) Dogs which have the appearance and characteristics
of being predominately of these breeds
Springfield, Missouri
According to the ordinance a pit bull is defined
as "any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier" or any dog that closely resembles any of these breeds.
Greenhills, Ohio
“Pit bull dog” as used in this
section means a dog that belongs to a breed that is commonly known as a pit bull dog or pit bull terrier which includes any
Staffordshire bull terrier, American Staffordshire terrier or American pit bull breed of dog or
which has the appearance and characteristics of being predominantly of any such breed or which
is identifiable as partially of such a breed.
Boston, Massachusetts
Pit bull includes, but is not limited to, any
dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or any
dog of mixed breed displaying the majority of physical traits of one or more of the above breeds or any dog exhibiting the
distinguishing characterists of those breeds.
Garfield Heights, Ohio
"Pit bull terrier" as used herein includes any
American Pit Bull Terrier, any Bull Terrier, any 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
aforementioned breeds or can be identifiable as partially of the breed of
Amercian Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
Who Makes the Decisions?
After reading the above ordinances, this obviously leads us to ask WHO
is charged with identification of a "pit bull" in cities that have enacted breed specific ordinances. What special criteria
do they have? What is their area of expertise that entitles them to condemn your dog?
In many cities, the determination as to whether a dog is or is not a "pit bull" is
made by a police chief, police officers and/or animal control officials. In other words, the people charged
with enforcing these ordinances are not experts in breed identification. The mere fact that animal control officers
come in daily contact with various breeds in the course of their job, does not mean they can properly identify all those breeds.
In fact, many veterinarians - who also come in daily contact with a variety of breeds on a daily basis - have
stated there is no way to positively identify a "pit bull."
To emphasize the incredible potential for arbitrary enforcement of these laws, Tom Skeldon,
an Ohio dog warden, testified in a court of law that "there is really no way to tell if a dog is or is not a pit bull,
and the determination is made by animal control officers' subjective judgment." To add to the irony of this
statement, Mr. Skeldon was testifying as an "expert" on behalf of the city defending its ban on pit bulls
Among the many problems associated with breed specific legislation and its enforcement against
pit bulls are the issues associated with identification. "Pit bull" is not a breed, but rather a generic term
used to describe the American Pit Bull Terrier, American Staffordshire Terrier and Staffordshire Bull Terrier.
However, the physical traits and characteristics shared by "pit bulls" are also shared by approximately twenty-five (25) other
breeds that are not typically classified as bully breed dogs. Obviously, this causes great difficulty in identification
and allows for discriminatory and subjective actions by animal control officers.
This clearly illustrates the importance of why every dog owner should be against breed specific legislation.
Could your dog fall into the category of "looking like" a pit bull? Does your dog "closely resemble" a breed that
could look like a pit bull?
All across the country, non-pit bull owners ARE being affected by pit bull bans. If
you think otherwise, you are simply ignoring the obvious as set forth in ordinances above.
Your dog could be next. Responsible dog owners of ALL breeds need to help in
the fight against breed specific legislation.
As evidenced above, it is unreasonable for laws to be passed based simply on what a dog looks like or
what breed it not necessarily is, but what breed it appears to be. As dog bite statistics show, every
breed of dog will bite.
The focus of legislators should be on implementing and enforcing
generic, non-breed specific dangerous dog laws. These laws deem a dog dangerous based on individual dangerous or vicious
acts of the dog - not by breed. Existing laws should be strictly enforced and irresponsible owners should be held
accountable for the actions of their dogs. Breed specific legislation removes the responsibility from the dog's
owner and places it solely on the dog itself.
Breed bans and other forms of BSL do not work because they target all dogs of
a breed -- the innocent as well as the guilty; they are difficult to enforce; and they do not end the use of guardian dogs
by criminals. If a breed that is popular with criminals and/or unethical breeders is banned, they simply move on to another
breed.
Removing all "pit bulls" or "rottweilers" or "fill in the breed here" does not
instantly render a community safe. Rather, it instills a false sense of security among residents because the truly
dangerous dogs remain in the community because those dogs do not meet the criteria of the banned breed.
Facts to keep in mind
BSL has been proven to be ineffective. In 1988, Dade County,
Florida passed a ban on pit bulls. In 2002, there were estimated to be 50,000 pit bulls living in that county.
Moreover, in December 2006, Doug Kelley, director of animal control
for Denver, Colorado stated in an interview, "We've experienced
a continuing upward trend of pit bulls impounded since 2001. The ban hasn't ended the popularity of the pit bull
breed in Denver. There are still pit bulls, apparently more every year."
BSL does nothing to address the root of the problem - irresponsible
dog ownership. It punishes the responsible dog owners. Bad owners simply gravitate to other breeds when their breed is banned.
As such, it is naive to assume that by removing "pit bulls" from a community without addressing irresponsible owners makes
any community safer. Rather, breed bans simply give residents a false sense of security as the true dangerous dogs still
remain in the community with their irresponsible owners.
There are additional costs to taxpayers: extra manpower to handle
the dogs and enforce the law, medical care for the dogs, space to hold the dogs, food, and court costs.
There are 25 breeds that are commonly mistaken for pit bulls.
There is a general misconception that dog aggression
and human aggression are the same thing - THIS IS WRONG! In the canine world, there are several types of aggression such as
fear based, food, territory, displaced, etc. Pit bills were bred to fight dogs and, while it is true than can be dog aggressive,
they are not human aggressive. Historically, due to the nature of dog fighting, any sign of human aggression was bred out
of the bloodlines.
~Pit Bull Myths ~
Myth #1
Pit bulls have locking jaws and/or
massive jaw strength that can be measured in terms of pounds per square inch (PSI).
Dr. I. Lerh Brisbin, Ph.D as
well as other experts, have testified under oath that pit bulls do not have locking jaws. Based on actual dog dissections and measurements of their skulls, the evidence demonstrated that pit bull
jaw muscles and bone structure are the same as other similarly sized dogs.
No
evidence exists to demonstrate that a pit bull’s bite is any stronger than other dogs of its size and build. Toledo v. Tellings, 2006 WL 513946 (Ohio App. 6 Dist), March
2006
Contrary to information relied upon and
perpetuated by earlier case law and law review articles, assertions that a pit bull can bite with a “force of 2,000
pounds per square inch” have absolutely no basis in fact or scientific proof.
The testing of dog bite strength has never been done and would be difficult, if not impossible, to perform.
Toledo v. Tellings, 2006 WL 513946 (Ohio App. 6 Dist),
March 2006
(Dr. I. Lerh Brisbin, Ph.D., Senior Research Scientist with Savanna River Ecology
Laboratory and University
of South Carolina professor; Expert
in behavior, training and handling of pit bull terriers and their anatomy)
Myth #2
Pit bulls have a stronger bite than
other large dog breeds.
There is no scientific evidence
showing pit bulls to have a stronger bite than other large dog breeds. In fact,
when Dr. Brady Barr of National Geographic (Dangerous Encounters: Bite Force, 8/18/2005) measured the bite forces of three
dog breeds (Rottweiler, German Shepherd Dog and American Pit Bull Terrier) using a computerized bite sleeve, the American
Pit Bull Terrier generated the least amount of pressure out of the 3 dogs tested.
BSL and the Cost to Taxpayers
1. Cost of additional animal control offers to enforce the ban or
restrictions. **Remember, most cities do not have sufficient animal control departments to enforce leash laws, which
if enforced would reduce many of the problems that lead to bite incidents.
2. Kennelling.
3. Veterinary care of the animals. (Hope you don't think the
animals are confiscated and immediately euthanized).
4. Legal fees, court costs, etc., associated with responsible owners
lawsuits against ineffective and unconstitutional laws. More and more responsible dog owners are challenging
breed bans.
5. Baltimore, Maryland estimated (in 2001) that it cost over $750,000
a year to enforce their breed specific legislation, and they were still unable to enforce the law effectively.
6. Prince George County, Maryland reviewed their existing dangerous
dog laws, including a ban on pit bulls. The task force recommended repealing the law and sited these cost factors:
(a) Loss of revenue -
since the ban has been in effect, there has been a dramatic reduction in dog show/exhibits in the county. Along with
this comes some indirect loss of revenue such as hotel/motels, restaurants, gas stations, veterinarians, pet supply stores,
grocery and drug stores, etc.
(b) Director of Animal
Management Division estimated the County's cost for maintaining a single pit bull throughout the entire processs for one (1)
year was $68,000.
(c) Fees from pit bull
registration in 2001-2002 generated approximately $35,000 over the two (2) year period. However, the cost to the Animal
Management Division for maintenance of pit bulls over the same period was $560,000. In addition, these figures would
be higher but did not take into consideration utilities, manpower and overtime.
(d) It should be noted
that these average costs to Prince George County do not include the expenditures of the of the County or Municipal police
departments. These cross-agency costs, while significant, could not be fully captured or adequately estimated.
Source: Prince George County Task Force Report
The Alternative to Breed
Bans
The answer to dangerous dogs can be found in generic Dangerous Dog
Laws which address the underlying cause of most dog-related deaths and injuries – irresponsible dog ownership.
Any dog can bite
– Any dog can be made aggressive and be trained to attack.
Good Dangerous Dog Laws place the owner in the position of ensuring
that their dog(s) comply with all state and local requirements. Fines for violations can vary, but the leading principle is
that dog ownership should be more costly to the irresponsible individuals. Experience has taught us that most bite incidents
are examples of irresponsible ownership, not the specific dog breed involved. In other words, we need stricter regulations
on dog ownership, no matter what the breed.
Non-breed specific legislation is cost effective in comparison to
outright breed ban and is more readily accepted for the most part. More importantly, a well-thought non-breed specific legislation
addresses the root cause of most, if not all, dog related injures and deaths, which is the irresponsible dog owner.
BSL is happening around the world, and responsible pet owners need
to take notice and start fighting! The important thing to remember is that breeds change. In the 70's, the German Shepherd
was the number one target of BSL, in the 80's, it was the Doberman. For those of you who don’t currently own one of
the above listed breeds - READ ON - IT COULD BE YOUR BREED NEXT! Bermuda recently banned 23 breeds of dogs. Italy
also passed bans and restrictions against 92 breeds. So, if you are in Italy and want to walk your Border Collie, you
will need to have him muzzled in public!
Please take a stand against Breed Specific Legislation!!
And I am my brother's keeper,
And
I will fight the fight;
And speak the word for the beast and bird
Till the world shall set things right."
~Ella Wheeler
Wilcox~
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