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The Canine Companion
Breed Bans: Is There Another
Way?
By Joan Hustace Walker
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Several years ago,
a young British couple moved to the United States with their children
and two beloved dogs. They bought a house in Akron, Ohio, and
settled in to their new home. Shortly after moving in, the mother
was out walking the family pets when she was confronted by a neighbor,
who immediately called animal control among other authorities.
The mother, perplexed and shaken, learned that Akron, Ohio, had
a "breed ban" law that effectively forbids certain dog
breeds and mixes (Staffordshire bull terrier, American pit bull
terrier, American Staffordshire terrier, and any mix thereof)
to be kept within the city limits. By walking her two well-mannered
Staffordshire bull terriers, she had broken a city ordinance and
faced possible arrest, substantial fines, and the confiscation
and "subsequent destruction" of her dogs.
"Basically, to
keep the dogs, the family had to move out of town," says
Cynthia Morse, vice-president of the Bull Terrier Welfare Foundation.
Morse, an Ohio resident who is familiar with the case and personally
familiar with the two dogs, says dog owners in Akron are now facing
even stricter breed banning laws. "They're including bull-type'
dogs," she says, explaining that this definition includes
any breed that was originally bred for the sport of bull baiting
or bred to bite a hunted animal and not let go. Akron recently
amended its laws to add Canary dogs (Perro de Presa Canario),
and American Bulldogs to the list of banned breeds.
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Akron, however, is not
alone in its quest for banning specific breeds. "If I put
a Staffie or a Bull terrier in my car, I could not stop in Minot,
North Dakota," says Morse. If she did, authorities could
take her dogs because they are on the city's banned breed
list regardless of the dogs' temperaments. In Cripple Creek,
Colorado, the city recently banned pit bulls, which it defines
as Bull terriers, American Pit Bull Terriers, American Staffordshire
Terriers, Staffordshire Bull Terriers, or "any dog which
has the appearance of being predominantly one of these breeds."
At press time, Syracuse,
New York, was considering a similar ban against pit bulls. In
Port Deposit, Maryland, pit bulls aren't banned yet, but a new
ordinance allows any unregistered pit bulls to be confiscated
and owners fined.
The city ordinances and state laws banning specific
breeds are not limited to bull-type breeds. In Iowa cities of
Conrad, Des Moines, and Lake Mills, Rottweilers have been banned.
Multiple cities in Indiana have banned Rottweilers, too. In South
Carolina, Rottweilers, Chow Chows and Dobermans are banned in
the cities of Columbia and Travelers Rest. Smithfield and North
Salt Lake, Utah, have banned Shar-Peis.
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A Bull Mastiff and his proud
owner.
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The Reasoning
Behind the Laws
Dog bites are serious business. The occurrence of dog bite injuries
has reached almost epidemic levels. According to a 1994 survey
conducted by the Centers for Disease Control and Prevention, approximately
4.7 million Americans are bitten by dogs annually. That's roughly
13,000 dog bite injuries every day with an estimated 800,000
of these victims requiring emergency room treatment. Of those
suffering from dog bites, the vast majority are children under
the age of 10. In addition to inflicting physical pain, these
dog bite injuries can hurt the pocketbook, too. The insurance
industry estimates that each year more than $100 million in medical
expenses result from dog bite injuries, and about $1 billion is
paid in insurance liability claims each year.
Are There Any
Breeds that are Inherently More Dangerous than Others?
This has been the heart of the debate on breed-specific bans.
If a person looks at the statistics for deaths related to dog
bite injuries, five breeds show significant numbers. Between 1979
and 1994, the Humane Society of the United States (HSUS) reports
that one of every three deaths can be attributed to Pit Bulls,
Rottweilers, German Shepherds, Siberian Huskies, and Alaskan Malamutes.
Wolf-dog hybrids were also responsible for a significant number
of deaths.
Deaths, however, were
not limited to these breeds. In the list cited by HSUS, the remaining
two-thirds of fatalities were caused by a variety of dog breeds
and mixes. In a study published in the September 1989 Journal
of the American Medical Association, breeds one wouldn't normally
consider "dangerous," such as the Labrador Retriever,
Great Dane, Saint Bernard, Cocker Spaniel, and English Sheepdog,
were attributed with one or more fatalities from a period of 1979-1988.
(A Yorkshire Terrier has even been attributed with a fatality!)
According to Alan Beck,
Sc.D., director of the Center for the Human-Animal Bond at Purdue
University's School of Veterinary Medicine, the common denominator
of fatal dog attacks is not the breed of dog, but the owner. Beck,
who served on a multi-disciplinary task force to study the causes
of fatal dog attacks, says, "In every case of a fatal attack
[initiated by the dog], the owner was socially a hermit-type.
They were unattached and single-single with a vengeance. A sociopath
in a mild way." The dog and its owner, says Beck, were living
in virtual isolation. "The dogs looked at kids as prey."
Scary stuff, but an
insight that sheds some light on the topic of breed bans.
Why Breed Bans
Don't Work
"The problem with most breed specific bans is that they are
either over-inclusive or under-inclusive," says Beck "The
bans are over-inclusive because not every bull-type dog kills.
The bans are under-inclusive because not only can a bull-type
dog kill, but so can a German Shepherd dog or a Golden Retriever."
Beck notes, however, that some breeds such as Pit Bulls
have lower thresholds for biting, and that when these breeds
bite, the injuries are far more serious. For this reason, Beck
says he is not "terribly against" legislation targeting
Pit Bulls; however, he feels a dangerous dog law serves a better
purpose and doesn't allow vicious dogs to fall through the cracks
of a breed ban law, and holds their owners accountable and liable.
Beck likens the responsibility
of dog owners to automobiles: "In an accident, a big truck
is going to cause more damage than a little car, and the truck
driver's margin for error is smaller. [With a large or strong
dog] the owner should be more experienced and committed to socializing
the dog properly," he says. The dog should also be well-mannered,
constantly under supervision when in public areas, and safely
confined-with some added precautions to prevent innocent trespassers
from coming in contact with the dog. "Kids do come onto property,"
heeds Beck, adding that young children cannot read "Beware
of Dog" signs.
In California, for example,
if a dog is reported to an animal control officer or law enforcement
officer as being a threat to the neighborhood, the state's dangerous
dog law requires the dog's owner to be notified and a hearing
held to determine if the dog is potentially dangerous (could cause
serious injury) or vicious (has caused serious injury). Dogs that
are found to be potentially dangerous must be licensed, vaccinated,
and kept indoors or in "securely fenced yard from which the
dog cannot escape, and into which children cannot trespass."
Dogs that are found to be vicious may be destroyed by the animal
control department if the court finds that the release of the
dog back into the owner's custody "would create a significant
threat to the public health, safety and welfare." The California
courts may also prevent an owner who is found to own a
vicious dog from owning another dog for a period of up
to three years.
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To
keep abreast of what is going on regarding breed banning and dangerous
dog legislation in your area, the following organizations maintain
legislative web-sites. Humane Society of the United States
The HSUS maintains a web-site devoted to dog bite prevention,
education, and legislative issues at: http://www.nodogbites.org.
American
Kennel Club The AKC's Canine Legislation Department publishes
a monthly newsletter, "Taking Command," that is available
to the legislative chairperson of local, regional and national
breed clubs. For the rest of us dog owners, an electronic version
can be downloaded monthly from the AKC's web-site at http://www.akc.org.
The AKC also offers a free packet of information on dangerous
dog legislation for those who are trying to battle or prevent
breed banning in their areas.
Rott-n-Chatter
This informative web-site is from the Rottweiler folks
who maintain up-to-date legislative information on all breed bans
for all states. It can be accessed at:
http://www.rott-n-chatter.com
/rottweilers/laws/breedspecific.htm
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The HSUS supports
dangerous dog laws and has supported the passage of several
laws in various states. The HSUS places the responsibility of
the rampant dog bite statistics and even dog bite fatalities
squarely on the shoulders of the dog owner not the type
of dog. "Every dog owner must accept responsibility for
preventing dog bites by spaying and neutering their pets, training
and socializing them properly, and by ensuring that their dogs
are safely confined," says Leslie Sinclair, DVM, HSUS's
director of veterinary issues for companion animals. Pigeonholing
a certain breed as dangerous and then banning it doesn't get
rid of the problem, she notes, pointing out that dog owners
who want a dangerous dog will simply turn to another breed.
The Doberman Pinscher was the "scary" dog of the 1970s,
the Pit Bull in the 1980s, and now the Rottweiler in the 1990s.
Sinclair clarifies,
however, that the HSUS doesn't deny that certain breeds, such
as the Pit Bull, have a history of being abused by humans and
have been used and are still being used illegally
for dog fighting in which the dog does not let go until it kills
the other animal. With a good dangerous dog law, Sinclair says
"The legislation focuses on the human who allowed the problem
to develop, and who will "do it again" with another
dog, if allowed to." She adds, "Good laws protect
dogs and require better care for the dogs."
Watch Your
Step
Currently, "watchdog" organizations that track breed
banning legislation say that twelve states have adopted dangerous
dog laws and have "outlawed" laws banning specific
breeds. Other states are not regulated in this way. "People
need to understand that dog ownership of certain breeds is getting
tougher all the time," says Mickie Brown, legislative chairperson
of the Bull Dog Club of America. She advises dog owners
particularly those of targeted breeds to stay current
on their local situation. Animal legislation may not hit the
front page of the paper, so it is possible for a dog owner to
suddenly be in a situation in which he or she must either give
up the dogs, or move.
"Dog owners of
breeds that are often singled out for breed banning have an added
responsibility," Sinclair echoes. "They not only need
to keep an eye on the issues, they also need to be model dog owners."
Dogs that are highly-trained, well socialized, and properly cared
for, she notes, help to counter random images of those that are
abused, isolated, ill-kept, and poorly trained. They might also
help to prevent legislators from taking the easy way out with
a breed ban law, and perhaps consider more complex laws that are
fairer to responsible owners and better for dogs as a whole.
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© 1999 Joan Hustace Walker, Chesapeake,
VA
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