Archive for the ‘BSL - Breed Specific Legislation’ Category

TX: West Columbia Pit Bull Ban Dies

Pack Leader | August 25th, 2009

TexasStuds TX: West Columbia Pit Bull Ban Dies photoThe amazing thing about this story is not that the proposed pit bull ban in West Columbia, Texas was dropped because it would have violated state law and the rights of the citizens, but that the City Council is so ill-informed that they would have even allowed this matter to come before them.

WEST COLUMBIA — After learning state law was stacked against them, West Columbia City Council decided to use the laws it already has to combat dangerous dogs rather than ban certain breeds.

Council members opted not to take any action during a meeting Monday night on a proposal to ban pit bulls and Rottweilers from the city limits. Any such ordinance, City Attorney Wes Griggs said, would violate state law, which prohibits bans against specific dog breeds.

“There are ordinances on the books that deal with nuisance or vicious dogs,” Griggs said.

Council voted at its July 13 meeting to craft an ordinance to ban the breeds after several residents complained a pit bull lunged at a West Columbia resident and knocked her down, council members said.

Rather than placing a ban on a specific breed, the city should work to eliminate dogs that have posed a danger to residents rather than breeds, Councilwoman Donna Schwebel said.

“When an ordinance talks about a nuisance animal, that’s before the bite,” she said.

Prior to the meeting, West Columbia Mayor Laurie Kincannon read a statement to the crowded room apologizing for the decision to have the ordinance drafted.

“Our concern was for the health and safety of our citizens,” she said.

Kincannon said the council had “no intention” of violating residents’ rights.

“I’m very proud our council was able to step back,” she said.

When resident Allen McCormick planned to speak at the meeting about the ordinance Monday night, he said he believed Kincannon had beat him to the punch.

“It pretty much squashed what I came here to address,” he said.

McCormick said the problem with dangerous dogs most often is not the dog.

“I think we do need to deal with these irresponsible owners,” he said.

A Houston attorney who specializes in legal matters involving dogs spoke at the meeting and told residents existing laws are enough to control dangerous dogs.

A dog only has to lunge at a person and it can be deemed dangerous, regardless of the breed, said Zandra Anderson.

“Texas is one of the toughest states for dangerous dogs,” she said.

Dogs are not allowed to be loose in the city, and owners can be fined if their dogs are not secured, Police Chief Michael Palmer.

“They can be cited or fined,” he said.

Palmer said if a dog is found to be dangerous, police can require the owner to further ensure it is secure by putting up a higher fence. If the dog continues to pose a problem, animal control can take custody of it, he said.

If a dog bites a person and it causes a serious injury, the owner faces up to 10 years in prison, Anderson said. If the dog causes a death, it could mean 20 years in prison, she said.

“Punish the deed and not the breed,” she said.

OH - Whitehall Breed Ban Voted Down 5-2

Pack Leader | August 25th, 2009

pit-bull-puppy-7431651 OH - Whitehall Breed Ban Voted Down 5-2 photoApparently some of the law-makers in Ohio understand that banning a specific breed of dog does nothing to protect or insure public safety.  I applaud those right-minded Council members that voted against this ridiculous proposed ban on pit bulls.

WHITEHALL, Ohio—The heated debate over whether to ban vicious dogs like pitbulls took an unexpected turn in one Central Ohio community.
The City of Whitehall was deciding whether to ban the animals from their town. Whitehall City Council wasn’t supposed to vote on the issue for another two weeks. However, Councilmember Chris Rodriguez asked to suspend the rules and make an immediate decision.
Rodriguez says the citizens deserve better than the continued theatrics surrounding the issue and wanted to get this issue off the table.
Councilmember Jacquelyn Thompson-who proposed the ordinance-says she was surprised by the rule suspension and believes it was planned.
The proposed ordinance was voted down with a 5-2 vote.
The debate isn’t over just yet. Councilmember Leslie Lacorte says she is going to propose an ordinance to put the issue up for vote by citizens on the November ballot. Currently, vicious dog owners are required to put up a six foot fence, have liability insurance and to have their dogs microchipped.
For additional information, stay with NBC 4 and refresh nbc4i.com—Where Accuracy Matters.

http://www.nbc4i.com/cmh/news/local/…ed_turn/19651/

For those of you that are here looking for facts, here are some relative to the State of Ohio and dog bite fatalities.

Over the past 44 years (1965 – present) there have been 18 fatal dog attacks in Ohio, an average of one (1) fatality every 2 to 3 years.

At least eleven (11) different breeds/types of dogs have been identified in these  attacks.

The victims were 6 adults and 12 children.

Nearly half (5 out of 12) of the children killed were attacked when they approached chained or penned dogs. Four (4) of the other children  were infants (< 2 months old) who had been left unsupervised with unfamiliar dogs.

All the dogs involved in fatal attacks in Ohio were intact (not spayed or neutered).

At least four (4) Ohio dog owners were charged  with actively encouraging their dog(s) to be aggressive, or with commanding their dog to attack a person. Two were convicted and sentenced to incareration.

J. Mann was convicted of murder and sentenced to 20 years in prison after being found guilty of restraining his girlfriend and repeatedly ordering his dog to attack her. (1992)

M. Crawley was convicted of involuntary manslaughter and sentenced to 6 months in jail after he repeatedly allowed his dogs to roam loose. The dogs had mauled one woman, and then killed another woman in a separate incident. (2003).

Two other Ohio dog owners were charged with involuntary manslaughter, but  not convicted, though prosecutors were satisifed that criminal negligence in maintaining and controlling their dogs appeared to  contribute directly to the deaths of the victims.

In spite of the recklessness, even malice, of some owners, dogs still pose an incredibly low risk for causing a fatality in Ohio:

Ohio: Recognized Risks Year 2005
Tobacco-related fatalities 18,600
Total (alcohol & non) traffic deaths 1,321
Alcohol-related traffic fatalities 519
Persons drowned in tub or swimming pool 29
Bicycle-related fatalities 16
ATV-related fatalities 15
Death from contact w/bees, hornets, wasps 4
Persons killed by lightning 1
Persons killed by dogs 0

According to the U.S. Department of Health and Human Services:

In 2005, 83 Ohio children died as the result of maltreatment (abuse, neglect).

In a single year, 2005, more than seven times as many Ohio children died from maltreatment than the total of all children killed by dogs in the state over the past 44 years.

***

Fact is, people in Ohio routinely accept far greater risks from swimming pools, ATVs and bicycles than any that are associated with companion animals.

National Canine Research Council

Now, let’s understand this…

In 44 years 18 people were killed by dogs, not pit bulls exclusively but all dog breeds.  In 2005 83 kids were killed by their parents yet valuable legislative time is spent discussing banning pit bulls.  Go figure!