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Tuesday, 09 September 2008 04:52

The ADOA strongly supports breed neutral laws that target irresponsible owners rather than any specific breed of dog.  The ADOA opposes breed specific legislation, which targets the breed and not the deed.  Irresponsibility of the owner is the primary cause of most dog bites and dogs running at large.  Legislation to curb these problems is already in place in the majority of municipalities; however, enforcement is lax.  With increased enforcement, existing laws relating to proper restraint and confinement of dogs would dramatically cut down on the majority of dog complaints.  As an ADOA Recommended Best Practice, communities are encouraged to enforce the laws already on the books instead of turning to breed specific legislation (BSL).

The History of BSL

The first breed-specific laws were implemented in the 1980’s.  Over twenty years of regulation of so-called "dangerous breeds" should have resulted in a dramatic decrease in dog complaints and bites.  Instead, research has shown that BSL has not caused a significant reduction in the number of dog bites in communities where it has been implemented.

The American Veterinary Medical Association Task Force conducted a research project attempting to identify whether a specific breed or breeds were responsible for a majority of dog bites.  They concluded that it was not possible to calculate bite rates for particular breeds, or to compare bite rates between breeds, for several reasons.  The breed of a biting dog is frequently unknown or misreported, and mixed breed dogs are often reported as purebreds.  Actual numbers of dog bites within a given community are difficult to obtain, especially in the case of minor bites that do not require medical treatment (which are probably the most common types of bites that occur).  Additionally, the number of dogs of a particular breed that exist in a community is difficult to ascertain, since many dogs are unlicensed.  (American Veterinary Medical Association Task Force on Canine Aggression and Human-Canine Interactions, A community approach to dog bite prevention, JAVMA, Vol 218, No. 11, June 1, 2001).

The American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Rottweiler, Doberman, and German Shepherd Dog are some of the breeds most commonly targeted by breed-specific laws. These breeds simply are not inherently dangerous or aggressive towards people, as evidenced by the fact that many of them have lived as peaceful companions and family members for hundreds of years. Rather, these breeds are highly popular with responsible and irresponsible owners alike, due to their strength, agility, courage, and willingness to please their owners. Whether a dog's physical abilities and desire to please are used for good or evil is entirely up to the dog's owner.

There are many pitfalls for communities trying to enforce breed-specific laws:

1. Breed identification is subjective.  Animal control officers are not sufficiently trained to recognize the restricted or banned breed(s).  Even animal professionals, including breeders, judges and veterinarians, cannot always tell the specific breed(s) of origin of many pure or mixed breeds by sight.  Breed identification of random-bred or non-pedigreed dogs is an educated guess at best.  The physical characteristics that are often used to describe the generic "pit bull" or "pit bull mix" could easily describe as many as two dozen breeds and their mixes.

2.  Without knowing the actual number of dogs of each breed that reside in a community, it is impossible to determine whether an individual breed is responsible for a disproportionate percentage of bites.  While a more popular breed may prove to be responsible for a larger overall number of bites than a rare breed, this in no way indicates that an individual member of that breed is more likely to bite than a dog of any other breed. BSL can also create a false sense of security by implying that dogs not named on the list of banned or restricted breeds are inherently harmless.

3.  Breed-specific laws do not target the irresponsible owner.  They target the owner’s property (the dog), thus removing the blame from the person responsible for the actions of the dog.

4. The cost of enforcing, maintaining and fighting the legality of these laws becomes astronomical to some communities that are ill-able to afford to waste taxpayers monies on legislation that does not succeed in protecting the community from dog attacks.

Alternatives to BSL

ADOA supports the following proven alternatives to BSL:

1.  Develop Advisory Committees, including but not restricted to veterinarians, dog trainers, local breed clubs, obedience training clubs, responsible breeders, pet rescue organizations, etc., that can collect data and collectively analyze the problems of the community as they relate to dangerous dogs.

2.  Define terms to be used as applied to dangerous dogs.  Educate everyone that will be involved with the enforcement of the law, of the importance of understanding these terms in the present law as it stands.

3.  Enforcement of the dangerous dog laws already in the law books.  This may mean the hiring of additional personnel for enforcement but in the end will be less expensive.

4.  React to complaints of dangerous dogs promptly and hold the owners accountable with stringent guidelines.

5.  Educate the public on the importance of the socialization and training of family pets.  Organize local breed clubs, veterinarians, dog trainers, humane societies, etc. to give educational seminars and free or low-cost community-sponsored training classes.

6.  Use the country-wide promotion of AKC’s Responsible Dog Owner Days to have law enforcement and local animal authorities join together to educate the public on what it means to be a responsible owner and what will happen to owners who choose to ignore the laws on record (leash laws, proper confinement, licensing, etc.).

7.  Encourage the local shelter to develop personal relationships with breeders, rescue groups, and breed clubs to help identify breeds of dogs and to determine whether a dog is truly dangerous or simply has an irresponsible owner.  Allow these same organizations to “rescue” the dogs that can be rehabilitated and adopted to responsible owners.

8.  Once a dog has been determined to be dangerous, apply the law to the fullest and prosecute the irresponsible owners for the actions of their personal property.

Conclusion:

In general, the following types of dogs may represent a higher bite risk:

-Dogs of any breed that are not properly socialized or obedience trained
-Dogs of any breed that are not properly confined or are allowed to run at large
-Dogs of any breed that are encouraged to be aggressive by irresponsible owners
-Dogs of any breed that are protecting their perceived property (e.g., yards, sidewalks, vehicles) from strangers

It is neither reasonable nor responsible to identify a dog’s breed as the cause of a bite.  Until the root causes of dog bites are identified and addressed within a community, not only will BSL not work, but dangerous dog laws will not be effective.

Individual dogs of any breed may bite, for reasons unrelated to their breed.  Do not make harmless family pets and their owners pay for the actions of others simply because the dogs may share some physical resemblance.  Instead, target the irresponsible owners, and hold them financially and physically responsible for the actions of their personal property according to the law.

 

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