Procedural due process requires that laws provide the public with sufficient notice of the activity or conduct being regulated or banned. In McQueen v. Kittitas County, 115 Wash. 672, 677 (1921), the Washington Supreme Court established the broadly accepted precedent that cities have the power to regulate dogs, even to the point of banning specific breeds. Permit can be withdrawn whenever the dog is kept in a way that it creates danger for people or other animals. The examples and perspective in this article, Learn how and when to remove this template message, Centers for Disease Control and Prevention, https://www.petraveller.com.au/blog/banned-dog-breeds-in-the-united-arab-emirates, United States District Court for the District of Colorado, "Breed-Specific Legislation in the United States - Animal Legal & Historical Center", "Pet Policy for Privatized Housing Under the Army's Residential Communities Initiative (RCI) Privatization Program", "Garrison Policy Memorandum #08-10, Mandatory Pet Micro-Chipping and Pet Control", "Overview of States that Prohibit BSL - Animal Legal & Historical Center", "Pit Bull Bans: The State of BreedSpecific Legislation", "One city's experience: why pit bulls are more dangerous and why breed-specific legislation is justified", "A community approach to dog bite prevention", "Pit bull bite prompts call for national approach to dangerous dog breeds", "States prohibiting or allowing breed specific ordinances", "Dog Bite Risk and Prevention: The Role of Breed", "Dog bite injuries to humans and the use of breed-specific legislation: a comparison of bites from legislated and non-legislated dog breeds", "Breeds of dogs involved in fatal human attacks in the United States between 1979 and 1998", "American Veterinary Medical Association Statement on 'Breeds of dogs involved in fatal human attacks in the United States between 1979 and 1998', "Estimated U.S. Cities, Counties, States and Military Facilities with Breed-Specific Pit Bull Laws - Dog Breeds", "Conditions & Application for the Keeping of Prohibited & Restricted Breeds of Dog (Rev. While Pit Bulls are not the only breed of dog which can be dangerous or vicious, it is reasonable to single out the breed to anticipate and avoid the dangerous aggressiveness which may be undetectable in a Pit Bull. [D]ogs do not stand on the same plane as horses, cattle, sheep, and other domesticated animals. Private ownership of pit bulltype dogs and. The Supreme Court of Texas reversed the Court of Appeals and upheld the original decision on the grounds that, Under article XI, section 5 of the Texas Constitution, home-rule cities have broad discretionary powers provided that no ordinance "shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State." Thus, the mere fact that the legislature has enacted a law addressing a subject does not mean that the subject matter is completely preempted.Although there is a small area of overlap in the provisions of the narrow statute and the broader ordinance, we hold that it is not fatal. Court challenges to breed-specific legislation on constitutional grounds have been largely unsuccessful. the 2000 CDC study on fatal dog bite attacks was irrelevant to the narrow issues identified in the 1990 trial court's decision, the State of Colorado had failed to meet its burden of proof to establish beyond a reasonable doubt that no rational basis for Denver's pit bull ban existed, that the ordinance is inconsistent with KRS (. [21] The authors found that non-legislated dog breeds were less likely to be reported to the authorities both before and after the bite compared to legislated dog breeds. [17], In a 2014 literature review, the American Veterinary Medical Association stated that "controlled studies have not identified this breed group as disproportionately dangerous", and that "it has not been demonstrated that introducing a breed-specific ban will reduce the rate or severity of bite injuries occurring in the community". The court held against each of the defendants' claims and upheld the ordinance on the following grounds: The New York City Housing Authority updated their pet policy in 2010 to exclude dogs over 25 pounds and specifically prohibit Doberman Pinschers, Pit bulls, Rottweilers, and any mixes thereof.[116]. Article 2 It is mandatory from 06 (six) months of age, the sterilization of all pitbull dogs, or derived therefrom, in the State of Rio de Janeiro. "[114], As a result of this case, breed-specific legislation in the United States often relies on the published standards of the American Kennel Club and United Kennel Club to clearly identify the characteristics of dogs subject to regulation as "pit bulls.". [120], In the state of Texas, the State Health and Safety Code prohibits breed-specific legislation as stated. The following dogs are restricted dogs: A dog of a breed prohibited from importation into Australia under the Australian Customs Act of 1901 is considered "restricted". This has caused big problems for many who use them as police, guide or other service dogs, as they are not always excluded, and in some cases are confiscated and put down. In Dog Federation of Wisconsin, Inc. v. City of South Milwaukee, 178 Wis.2d 353, 504 N.W.2d 375 (Wis.App.,1993), the Wisconsin Court of Appeals reviewed the appeal of a trial court decision upholding a pit bull ban in South Milwaukee, Wisconsin. They often establish a legal presumption that a pit bulltype dog is prima facie a legally "dangerous" or "vicious" dog. [6] One point of view is that certain dog breeds are a public safety issue that merits actions such as banning ownership, mandatory spaying/neutering for all dogs of these breeds, mandatory microchip implants and liability insurance, or prohibiting people convicted of a felony from owning them. [18] In 2012, the American Bar Association passed a resolution urging the repeal of breed-specific legislation, stating that it is "ineffective at improving public safety". In Cochrane v. Ontario (Attorney General), 2007 CanLII 9231 (ON S.C.), Ms. Catherine Cochrane sued the Province of Ontario to prevent it from enforcing the Dog Owner's Liability Act (DOLA) ban on pit bulltype dogs, arguing that the law was unconstitutionally broad because the ban was grossly disproportionate to the risk pit bulls pose to public safety, and that the law was unconstitutionally vague because it failed to provide an intelligible definition of pit bulls. The defendants claimed that the ordinance violated equal protection rights because it singled out the owners of pit bulls; however, the court ruled that there was substantial, credible evidence that pit bulls posed a special threat to the people of Tijeras and that there were no grounds to overturn the ordinance. the dog owners felt the term "pit bull" was imprecise and, thus, unconstitutionally vague because the average dog owner is not afforded fair warning of the act prohibited by the ordinance; however, the higher court found the standards for determining whether a dog is a pit bull are readily accessible to dog owners, and because most dog owners are capable of determining the breed or phenotype of their dog, the trial court properly determined that the ordinance provides adequate notice to dog owners and is not unconstitutionally vague. 089-22. [9][10], A third point of view is that breed-specific legislation should not ban breeds entirely, but should strictly regulate the conditions under which specific breeds could be owned, e.g., forbidding certain classes of individuals from owning them, specifying public areas in which they would be prohibited, and establishing conditions, such as requiring a dog to wear a muzzle, for taking dogs from specific breeds into public places. Such a law gives unleashed discretion to the dog officers charged with its enforcement, and clearly relies on their subjective speculation whether a dog's physical characteristics make it what is "commonly understood" to be a "Pit Bull. Dogs employed by the county or licensed security services and trained to perform official police, correctional, security, fire and/or search and rescue service are permitted. The purpose is to prevent injuries to persons and property by dogs. 1983 (1982).[112]. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and [28][29], As of 2018 there is some level of breed-specific legislation in 37 states and over 1,000 cities. The Washington Supreme Court ruled that the ordinance was not unconstitutionally vague because it specified the dog breeds that together fit the definition of "pit bull", whereas an earlier case in Massachusetts, American Dog Owners Ass'n, Inc. v. Lynn, 404 Mass. They include: The following breeds may not be imported into Malta: The following breeds are forbidden to give, sell, breed or import, including those in embryonic form, but dogs bred before the law came into effect are legal to possess: A royal decree restricts several breeds, including the, Varies by canton; some cantons have adopted extensive BSL, others have no such legislation whatsoever. As long as the enactment is not impermissibly vague in all its applications, this court must uphold its constitutionality. Another category, restricted breeds, may be imported/kept once the conditions for keeping these dogs have been fulfilled, new acquisitions require pre-approval, and they may be bred only with a Breeders permit. [21] The publication suggests there is no scientifically valid basis for breed-specific legislation, and suggests significant negative consequences may result from its introduction. the City had provided new evidence to provide additional support for the original 1990 trial court's decision. In Colorado Dog Fanciers, Inc. v. City and County of Denver, 820 P.2d 644, Colo., 1991, the Colorado Supreme Court upheld a Denver city ordinance that dog owners had complained was unconstitutional, along the following lines: In City & County of Denver v. State of Colorado, 04CV3756, Denver challenged a 2004 law passed by the Colorado General Assembly that prohibited breed specific laws on the grounds that the state law violated the city's home rule authority in regard to animal control legislation. 3 Dist. The Miley Legal Group 2022. Another argument is that the laws are too vague to help the dog-owning public or the BSL enforcement agencysuch as animal control or policeto be able to identify whether a dog falls under the BSL if the dog was adopted with an unknown origin or is a mixed breed.[6]. the breed-specific ordinance supplemented, rather than replaced or superseded, the definition of a "vicious dog" in the state statute; the banning of pit bull terriers was permissible under the police power, and that property seized under the police power was not subject to compensation; dog owners had the right of appeal to the Circuit Court under the ordinance, so the right of due process was preserved; and, the ordinance did not discriminate against non-resident pit bull owners, and that the appellants had not provided any evidence that traveling with a pet "occupies a position fundamental to the concept of a federal union.". The following breeds are banned from importation into the country: Banned for importation, breeding, sale, transfer of ownership. [24] Though the Federal Government of the United States has not enacted breed-specific legislation, four of the five branches of the United States Armed Forces have restricted certain breeds at almost 300 installations (mostly with respect to on-base housing and privatized housing). In Cochrane v. Ontario (2008 ONCA 718), the Court of Appeal reversed the lower court's ruling: On June 11, 2009 the Supreme Court of Canada declined to hear further appeal of the case, thereby upholding the Ontario ban on pit bulls.[102]. talk to an attorney at The Miley Legal Group. It is also a "positive list", listing breeds that are looking pretty similar to them that are banned: Polski Owczarek Podhalanski, Co Fila de So Miguel, Dogue de Bordeaux, Bullmastiff, English Mastiff, Neapolitan Mastiff, Cane Corso, Staffordshire Bull Terrier, Dogo Canario, Anatolian Shepherd Dog, Iberian Dogge. The law was therefore not vague since the defendants knew the ordinance applied to them. In Sentell v. New Orleans and Carrollton Railroad Company, 166 U.S. 698 (1897), Mr. Sentell sued the New Orleans and Carrollton Railroad Company to recover the value of his female Newfoundland dog that he alleged to have been negligently killed by the railroad company. The defendants claimed the ordinance would deprive them of property without compensation; however, the court ruled that well-established precedent did not require compensation for property seized under a city's police powers. a permit is required for a person to have more than two of a restricted breed; permanent identification using microchip technology; owners must notify their council if the dog escapes, dies or there is a change of ownership; in the case of a change of ownership, owners must advise prospective owners that the dog is a restricted breed; dogs must be leashed and muzzled when in public places; conspicuous "Beware: Restricted Dog" signs must be displayed on property access points; and. [48][failed verification], The Control of Dogs Regulations, 1998 [53][54] place controls on 11 breeds of dogs: American Pit Bull Terrier, English Bull Terrier, Staffordshire Bull Terrier, Bull Mastiff, Doberman Pinscher, German Shepherd (Alsatian), Rhodesian Ridgeback, Rottweiler, Japanese Akita, Japanese Tosa, and Bandog. Pit Bulls possess the quality of gameness, which is not a totally clear concept, but which can be described as the propensity to catch and maul an attacked victim unrelentingly until death occurs, or as the continuing tenacity and tendency to attack repeatedly for the purpose of killing. that it impedes the right of nonresident owners of pit bull terriers to travel through Bracken County. Restricted breeds include: Akita, Australian Cattle Dog, Belgian Malinois, Bouvier Des Flandres, Bull Terrier, Bullmastiff, Chow Chow, Doberman Pinscher, Dogue De Bordeaux, German Shepherd, English Mastiff, Rhodesian Ridgeback, Rottweiler, Staffordshire Bull Terrier, and any cross of these. "[101], The presiding judge found the term "a pit bull terrier" was unconstitutionally vague since it could include an undefined number of dogs similar to the American Pit Bull Terrier, American Staffordshire Terrier, and Staffordshire Bull Terrier. 73, 533 N.E.2d 642 (Mass.,1989), the Massachusetts Supreme Judicial Court reviewed a series of ordinances enacted by Lynn, Massachusetts, targeting dogs variously referred to as "American Staffordshire Terrier[s], a/k/a American Pit Bull Terrier[s] or Bull Terrier[s]" (July 1985); "American Staffordshire, Staffordshire Pit Bull Terrier or Bull Terrier, hereinafter referred to as 'Pit Bulls'" (June 1986); and ""American Staffordshire, Staffordshire Pit Bull Terrier, Bull Terrier or any mixture thereof" (September 1986). Pit Bull Terriers are prohibited within the county. Most banned breeds are those commonly considered by some to be dangerous. The defendants claimed the ordinance was not rationally related to the purpose of preventing pit bull attacks because environment and training are more important than genetics in determining how a dog acts; however, the court held there was substantial, credible evidence of breed-specific issues that the Village's actions were warranted. Pit bulls in general and breeds derived from them. The Pulaski County circuit court made a summary judgment dismissing the suit, and Mr. Holt appealed. Several decisions of the. Article 1 It is prohibited throughout the State of Rio de Janeiro the import, the marketing and the breeding of dogs of the pitt-bull [. Owners of these breeds of dogs already in Singapore must comply with the following requirements: Restricted dogs may not be sold, given away, or acquired, and must be spay/neutered. The owner must also register the dog with the local government and notify the government if the dog attacks a person or animal, cannot be found, dies, has moved out of the area, or is now living at a different location within the local government's jurisdiction.[93]. These dogs, or strains and crosses thereof, must be kept on a strong, short lead (less than 2 metres / 6 7) by a person over 16 years of age who is capable of controlling them. She also argued that a provision allowing the Crown to introduce as evidence a veterinarian's certificate certifying that the dog is a pit bull violates the right to a fair trial and the presumption of innocence. Dog owners have attacked the rational purpose requirement by arguing either that BSL is over-inclusive, because it bans all dogs of a breed when only certain individuals within the breed have proven to be vicious, or under-inclusive, because many types of dogs have injured people and the BSL fails to include those other breeds. Here courts are looking at whether there is a rational purpose for treating pit bull breeds differently from other dog breeds. In short, the damages are usually such as are beyond the reach of judicial process, and legislation of a drastic nature is necessary to protect persons and property from destruction and annoyance. In the absence of evidence to the contrary, a veterinarian's certificate attesting that a dog is a pit bull is evidence of that fact. must muzzle their dogs and ensure they are under effective control by means of physical restraint, may not sell or give away their dog, or advertise to sell or give away their dog. [78], The following breeds are restricted in Malaysia: Alaskan Malamute, American Staffordshire Terrier, Belgian Shepherd, Dogue de Bordeaux, East-European Shepherd, Estrela Mountain Dog, German Shepherd, Miniature Bull Terrier, Neapolitan Mastiff, Rafeiro do Alentejo, Rottweiler, Staffordshire Bull Terrier[81]. It agreed with the lower court judge in finding that the "overbreadth" claim failed because the legislature had acted on a "reasonable apprehension of harm". Owners must keep the dog in a locked kennel or pen that has a covered roof when the dog is outdoors. The Canadian federal government does not regulate pit bulltype dogs, but two provincial governments and some municipal governments in Canada have enacted breed-specific legislation banning or restricting pit bulltype dogs. The dog owners asked a state court to prevent Yakima from enforcing its ban on pit bull dogs. 3.03.006. Owners can have these breeds but they have to have them muzzled when outdoors, registered and sterilized. [30], The following 17 states prohibit their municipalities from passing breed-specific laws: Colorado, Florida, Illinois, Maine, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Texas,Virginia, Massachusetts, Nevada, Connecticut, Rhode Island, Utah and South Dakota. [16] In response, 16 states in the U.S. prohibited or restricted the ability of municipal governments within those states to enact BSL, though these restrictions do not affect military installations located within the states. The dog owners claimed the pit bull ban ordinance was overbroad because it treated "all pit bulls as if they are inherently dangerous, and more prone to cause harm than other dogs as a matter of law"; however, the higher court found that the prohibition against "overbroad" ordinances protected only fundamental rights such as the freedom of speech, and that there was no fundamental right to own a particular breed of dog. [106], In American Canine Federation and Florence Vianzon v. City of Aurora, Colorado, 618 F.Supp.2d 1271 (2009), the plaintiffs sued in the United States District Court for the District of Colorado to prevent Aurora, Colorado, from enforcing a pit bull ban on the grounds that the law was unconstitutionally vague, that the law was an abuse of the city's police power, and that the ban represented an unconstitutional taking of property. Pit Bull Terrier dogs prohibited, meaning any Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier, or any mixed breed of dog which contains any of these breeds, or a dog identifiable as partially of these breeds. A pit bull is considered "any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers or a combination of any of these breeds.". Laws against owning certain breeds of dogs in West Virginia depend on the city and even the type of residence. Dangerous dogs are classified by "type", not by breed label. Claims that BSL is unconstitutionally vague have brought dog owners mixed success. Due to opposition to such laws, anti-BSL laws have been passed in 21 of the 50 state-level governments in the United States, prohibiting or restricting the ability of jurisdictions within those states to enact or enforce breed-specific legislation. This is not an all-inclusive list of BSL throughout the USA. The law relied on a state definition of a vicious dog as one that has bitten or killed a human, has killed another dog, or "belongs to a breed that is commonly known as a Pit Bull dog." Section 3-32 of the Bluefield Code of Ordinances also requires these restrictions on pit bulls and wolf hybrids in the city. 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