Pitbull dog laws have a significant impact on communities and owners. Many cities and states have breed-specific legislation (BSL) that restricts or bans pitbulls.
Some cities have implemented "pitbull-free" zones, where owning a pitbull is prohibited. For example, Miami-Dade County in Florida has a law that bans pitbulls, as well as other breeds considered to be "dangerous".
These laws often lead to confusion and frustration for pitbull owners, who may be forced to rehome their dogs or face fines and penalties. Pitbull owners are often unfairly stereotyped as irresponsible or neglectful.
As a result, many pitbull owners are forced to keep their dogs hidden or in secret, rather than proudly owning them.
Additional reading: Pitbulls Good Hunting Dogs
Breed-Specific Laws
Breed-specific laws, also known as BSL, are laws that target specific dog breeds, usually pit bulls, and impose restrictions on their ownership, breeding, or reproduction. These laws are often based on the theory that certain breeds are naturally more likely to attack people and other animals.
Some municipalities, like Council Bluffs, Iowa, outright ban certain dog breeds, including American Pit Bull Terriers. Others, like Des Moines, Iowa, require pit bull owners to buy insurance that will pay at least $100,000 to cover injuries or property damage caused by their dogs.
Courts have upheld BSL laws, but opponents argue that they are unconstitutionally vague because they don't define "pit bull" sufficiently. In one case, a court ruled that a Lynn, Massachusetts, ordinance was unconstitutionally vague because it depended on the subjective understanding of dog officers.
The Colorado Supreme Court, however, has stated that the behavioral and physical characteristics set out in a law are enough to put a dog owner on notice, even if they are imprecise.
Here are some common examples of BSL:
- Outright bans
- Additional insurance requirements
- Mandatory sterilization
- Microchipping
- Muzzling in public places
- Secure fencing and kennel facilities
- Displaying "Beware of Dangerous Dog" warning signs on the premises
- Special permits to own certain breeds
In Tennessee, some towns and cities have passed breed-specific laws that ban the ownership of certain dog breeds or impose heavy restrictions to prevent these dogs from inflicting injury. These laws are often aimed at pit bulls but can include larger working breeds such as German shepherds and Rottweilers.
Breed-specific legislation is discriminatory against specific breeds of dogs, and it's like discriminating against certain classes of people.
Impact of Training and Breeding
Pitbulls have a complex history, with their reputation changing over time. Before they developed a reputation for violence, pitbulls had a more lovable image, as seen in the 1930s Our Gang movies where Pete the Pup, a pitbull, was a main character.
Some breeds, like German Shepherds, Dobermans, and Rottweilers, have often been trained and used as guard dogs, police dogs, and military dogs, leading people to assume they're naturally aggressive and dangerous.
Public perception of a breed can change, and it's not always easy to determine a dog's breed, as there isn't a specific definition for what constitutes a "pit bull." This can result in "pit bull" becoming a catch-all category for any dangerous dog that resembles a bulldog or a Bull Terrier.
Dogs like pitbulls have been specifically bred to have more physical and behavioral characteristics, which some argue makes them inherently more dangerous. However, critics of breed-specific laws argue that each dog should be evaluated individually, taking into account its breeding, health, socialization, and environment.
Intriguing read: Can Pitbulls Be outside Dogs?
Alternatives to Breed-Specific Laws
In the past, breed-specific laws (BSL) were a common approach to addressing public safety concerns about certain breeds of dogs. However, many governments have become skeptical of BSL's fairness and effectiveness.
Opponents of BSL have had more success in the political realm than in the courts, resulting in many municipalities repealing their breed-specific rules. In addition, many state governments have passed laws prohibiting local governments from enforcing breed-specific bans and regulations.
Some examples of this shift include Washington state's 2019 law requiring localities to allow exemptions for dogs that pass a canine behavioral test, and Florida's 2023 law barring breed-specific restrictions. This has led to the invalidation of long-standing breed-specific bans in places like Miami-Dade County.
A community approach to public safety has been recommended as an alternative to BSL. This approach includes educational programs for dog owners and the general public, as well as effective training for animal control officers and enforcement of non-breed-specific safety rules like leash laws.
Take a look at this: New Dog License Law in Pa
How BSL Handles Mixed-Breed
BSL often struggles to handle mixed-breed dogs, which make up the majority of dogs in shelters.
In Council Bluffs, mixed-breed dogs are covered by the ban if they display the majority of physical traits of a banned breed.
Opponents of BSL argue that this approach is not an accurate way to identify individual mixed-breed dogs as members of banned breeds.
The city of Council Bluffs also considers mixed-breed dogs to be part of a banned breed if they have distinguishing characteristics that substantially conform to the standards established by the American Kennel Club or the United Kennel Club.
This approach can be problematic because it doesn't take into account the unique characteristics of each individual dog.
A fresh viewpoint: Pitbull Terrier Banned
Alternatives to Breed-Specific Rules
Many cities and states are rethinking breed-specific laws and looking for more effective ways to keep communities safe. In fact, some cities have already repealed their breed-specific rules.
The American Veterinary Medical Association (AVMA) has recommended a "community approach" to public safety. This approach focuses on education, training, and enforcement of non-breed-specific safety rules, such as leash laws.
Effective training is key to keeping communities safe. Animal control officers need to be well-trained to handle dog-related situations.
Spaying and neutering programs are also crucial in reducing aggressive behavior in dogs. Unneutered male dogs are more likely to exhibit dangerous behavior.
A report from 2001 by the AVMA task force noted that targeting particular breeds can give a "false sense of accomplishment." This highlights the importance of looking beyond breed-specific solutions.
In some states, local governments are no longer allowed to enforce breed-specific bans and regulations. For example, Florida law was changed in 2023 to bar breed-specific restrictions, which led to the invalidation of Miami-Dade County's 34-year-old ban on pit bulls.
A list of states that have passed laws prohibiting local governments from enforcing breed-specific bans and regulations includes:
- Washington (2019)
- Florida (2023)
These changes reflect a shift towards more comprehensive and effective approaches to public safety.
Opposition and Criticism
Opposition to pitbull dog laws, also known as breed-specific legislation (BSL), has been growing in recent years. The American Bar Association, the National Animal Control Association, and the Obama Administration have all spoken out against BSL.
Many organizations, including the ASPCA and the American Veterinary Medical Association, have called BSL ineffective and expensive to enforce. The Centers for Disease Control has also opposed BSL, recognizing that it doesn't actually address the root causes of dog bites.
The White House has also weighed in on the issue, opposing BDL. The American Kennel Club has long been a vocal critic of BSL, arguing that it unfairly targets certain breeds of dogs.
A study on BSL noted that the popularity of these laws "is based largely on fear..." rather than a genuine attempt to improve public safety. This knee-jerk response to dog bites has led to many ineffective and expensive laws being passed.
The following organizations have also opposed BSL: the American Bar Association, the National Animal Control Association, the Obama Administration, the ASPCA, the American Veterinary Medical Association, the White House, and the American Kennel Club.
For more insights, see: Bull Terrier vs Pitbull
Aggression in Dog Breeds
Studies have found that breed is not a reliable indicator of a dog's aggression level. In fact, a 2008 study published in Applied Animal Behavior Science determined that it's inappropriate to make predictions about a dog's propensity for aggressive behavior based solely on its breed.
The American Veterinary Medical Association (AVMA) Literature Review also stated that breed is a poor sole predictor of aggressiveness. This suggests that dogs of any breed can be aggressive, and dogs of certain breeds can be friendly.
Multiple controlled studies have found that pit bull terriers are not more aggressive than other dog breeds. A study of Golden Retrievers versus targeted dog breeds found that Golden Retrievers showed aggression at the same rate as other breeds.
It's also worth noting that some breeds have been unfairly maligned over the years. For example, pit bulls were once used as nanny dogs and were trusted to care for children.
Here are some key findings from studies on dog aggression:
- A 2008 study found that breed is not a reliable indicator of a dog's aggression level.
- The AVMA Literature Review concluded that breed is a poor sole predictor of aggressiveness.
- A study of Golden Retrievers versus targeted dog breeds found that Golden Retrievers showed aggression at the same rate as other breeds.
Overall, it's clear that aggression in dogs is complex and cannot be predicted solely by breed.
Community and Economic Implications
The community and economic implications of pitbull dog laws can be far-reaching and devastating. Many families who own pitbulls have been forced to rehome their beloved pets due to breed-specific legislation.
For example, in some cities, pitbulls are banned altogether, leaving owners with no choice but to surrender their dogs to shelters or rescue groups. This has led to a significant increase in pitbulls in shelters, with some facilities reporting a 50% or higher intake of pitbulls.
The economic impact of these laws is also substantial, with some cities estimating that they spend over $1 million per year enforcing breed-specific legislation. This money could be better spent on programs that promote responsible pet ownership and provide resources for dog owners in need.
Check this out: Pitbulls Good Apartment Dogs
Does BDL Make Communities Safer?
BDL has been tried in multiple cities in the United States, but decades of data show it doesn't reduce dog bites or make communities safer.
The American Veterinary Medical Association (AVMA) reviewed 40 years of dog bite studies from 10 countries and found no evidence that breed-specific bans reduce the rate or severity of bite injuries.
Explore further: Pitbull Dog Bite Force
In fact, a study by the Public Health Department of Aragon, Spain, found that BDL was "not effective in protecting people from dog bites in a significant manner."
A similar ban in the United Kingdom on "pit bulls" didn't decrease dog attacks, showing that this approach doesn't work even in other countries.
Is BDL Expensive?
BDL is expensive and time-consuming to enforce. Dog owners and taxpayers suffer.
Many cities and counties already have small animal control budgets, and BDL is another drain. The costs of BDL include animal control, sheltering seized animals, euthanasia, and court fees.
The city of Albany, NY would have to spend $185,667 on BDL every year, according to a formula created by the animal protection group, Best Friends Animal Society.
Possible BDL costs include:
- Animal control (seizing and impounding animals)
- Sheltering seized animals (Prince George's County, MD spent roughly $570,000 in two years in kenneling costs after instituting a ban)
- Euthanasia (and disposal of body)
- Court fees
The costs of BDL are not only financial, but also emotional, as families are forced to surrender their healthy, happy pit bull terriers to shelters where most are killed.
Arizona is Dog Friendly
Arizona is a dog-friendly state, which is a great thing for families who own Pitbulls and see them as part of the family. They no longer have to fear that their beloved pet will be taken away based on a law that doesn't work.
Any dog can attack, and it's not specific to the breed.
State-Specific Laws and Regulations
In Tennessee, state law requires all dogs to be kept under reasonable control and prevented from running at large in public areas. However, some towns and cities have passed breed-specific laws that target certain breeds, including pit bulls, German shepherds, and Rottweilers.
Tennessee has four categories of breed-specific legislation: bans, restrictions, declarations, and special permits. For example, some cities like Dyer, Etowah, and Henderson have breed bans that prohibit ownership, breeding, or reproduction of pit bulls.
Here are some specific examples of breed-specific laws in Tennessee:
- Breed bans: Active in Dyer, Etowah, Henderson, Middleton, Morrison, South Pittsburg, Sparta, Jasper, Rogersville, Rutherford, Selmer, Somerville, and Hardeman County.
- Restrictions: In Mt. Juliet, pit bulls are banned from dog parks, while in Brownsville, pit bulls must be micro-chipped and owners must muzzle them when walking them.
- Declarations: Cities like Adamsville, Baileyton, Halls, Harriman, Hornbeak, Jefferson City, Kenton, Lafayette, Lookout Mountain, Madisonville, Manchester, Paris, Puryear, Red Boiling Springs, Ripley, and White Pine have declared certain breeds as "dangerous" or "vicious", requiring owners to meet specific regulations.
- Special permits: South Fulton requires permits for pit bulls, Rottweilers, Doberman pinschers, and German shepherds.
Tennessee Dog Breed Ordinances
Tennessee has a state law that requires all dogs to be kept under reasonable control and prevented from running at large in public areas.
The law establishes liability in dog bite cases but doesn't target specific breeds. However, many towns and cities in Tennessee have passed breed-specific laws that ban or heavily restrict certain breeds.
Some cities in Tennessee have breed bans, which prohibit ownership, breeding, or reproduction of specific breeds, most commonly pit bulls. These bans often allow existing owners to keep their dogs but under heavy conditions.
Other cities have restrictions on pit bull ownership, such as requiring micro-chipping, muzzling, or special permits.
Some breed-specific laws in Tennessee automatically declare a breed to be "dangerous" or "vicious", issuing regulations for owners to prevent a first attack. Requirements vary but may include higher registration fees, microchipping, and secure fencing.
Here are some cities in Tennessee with breed-specific laws:
- Bans: Dyer, Etowah, Henderson, Middleton, Morrison, South Pittsburg, Sparta, Jasper, Rogersville, Rutherford, Selmer, Somerville, and Hardeman County
- Restrictions: Mt. Juliet (pit bulls banned from dog parks), Brownsville (micro-chipping and muzzling required)
- Declarations: Adamsville, Baileyton, Halls, Harriman, Hornbeak, Jefferson City, Kenton, Lafayette, Lookout Mountain, Madisonville, Manchester, Paris, Puryear, Red Boiling Springs, Ripley, and White Pine
- Special permits: South Fulton (requires permits for pit bulls, Rottweilers, Doberman pinschers, and German shepherds)
Georgia Dog Bite Laws and Regulations
In Georgia, a dog owner's liability for a dog bite can be strict, meaning they are responsible for damages regardless of whether the dog had a history of aggression.
If you're bitten by a dog in Georgia, you typically have two years to file a lawsuit against the dog owner.
Georgia law requires dog owners to keep their dogs under restraint, which includes keeping them in a fenced yard or on a leash when outside.
Dogs that are considered "vicious" by the state are required to be kept in a secure enclosure that prevents them from escaping.
Under Georgia law, a dog is considered vicious if it has bitten someone without provocation.
Sources
- notes in its discussion of breed-specific laws (naic.org)
- portrayed as brave and protective (wlvt.org)
- Kansas City, Mo., Code of Ordinances § 14-60 (municode.com)
- Des Moines, Iowa, Code of Ordinances § 18-44.01 (municode.com)
- Council Bluffs, Iowa, Municipal Code § 4.20.122 (municipalcodeonline.com)
- United Kennel Club (ukcdogs.com)
- Hearn v. City of Overland Park, 244 Kan. 638 (Kan. 1989) (casetext.com)
- American Dog Owners Ass'n, Inc. v. City of Lynn, 404 Mass. 73 (Mass. 1989) (casetext.com)
- American Dog Owners Association v. City of Yakima, 113 Wash. 2d 213 (1989) (casetext.com)
- Colorado Dog Fanciers, Inc. v. City and County of Denver, 820 P.2d 644 (Colo. 1991) (casetext.com)
- Fla. Stat. § 767.14 (state.fl.us)
- Florida law was changed (wusf.org)
- passed a ballot measure (nbcnews.com)
- Wash. Rev. Code § 16.08.110 (wa.gov)
- https://www.avma.org/KB/Resources/LiteratureReviews/Pages/The-Role-of-Breed-in-Dog-Bite-Risk-and-Prevention.aspx (avma.org)
- http://www.usatoday.com/story/news/nation/2014/11/17/pit-bulls-breed-specific-legislation-bans/19048719/ (usatoday.com)
- http://www.animalfarmfoundation.org/files/5L-Orgs-that-do-not-endorse-BDL-2014.pdf (animalfarmfoundation.org)
- http://www.nationalcanineresearchcouncil.com/research-library/dog-bite-related-fatalities-literature-review (nationalcanineresearchcouncil.com)
- http://bestfriends.org/resources/pit-bull-terriers/dog-breed-ban-alternatives (bestfriends.org)
- http://www.animalfarmfoundation.org/files/Report_of_the_Vicious_Animal_Legislation_-_Prince_Georges_County_-_2003.pdf (animalfarmfoundation.org)
- http://www.nationalcanineresearchcouncil.com/sites/default/files/Dog-Bites-Problems-and-Solutions-2nd-Edition_0.pdf (nationalcanineresearchcouncil.com)
- Dangerous Dog Breed Laws in Tennessee Municipalities (griffithinjurylaw.com)
- http://www.dogsbite.org/legislating-dangerous-dogs-georgia.php (dogsbite.org)
- Arizona Pitbull Laws: Are Pitbulls Illegal in Arizona? (jacksonwhitelaw.com)
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