If you're considering getting a new furry friend, you might have come across some breeds that are restricted in certain areas. That's because some breeds, like the Pitbull, have a reputation for being aggressive and are often associated with dog fighting.
In the United States, for example, some cities have laws that ban or restrict Pitbull ownership. This is largely due to their history as fighting dogs.
The American Pitbull Terrier is a popular breed, but its history is complex and often misunderstood. Many people believe that Pitbulls are inherently aggressive, but this isn't necessarily true.
In reality, any dog can become aggressive if it's not properly trained and socialized.
Check this out: Fighting Dogs Breeds
Laws and Regulations
In England and Wales, it's a criminal offence to breed a restricted breed dog, punishable by up to 6 months in jail or 60 penalty units.
Restricted breed dogs are defined as those that are banned or heavily regulated, such as XL Bully dogs. To own one of these dogs, you'll need a valid Certificate of Exemption.
If you're caught breaching these laws, you could face serious consequences, including the confiscation of your dog.
Here are some key requirements for owning a restricted breed dog with a Certificate of Exemption:
- The dog must be neutered
- The dog must be microchipped
- The dog must be kept on a lead and muzzled at all times when in public
- The dog must be kept in a secure place so it cannot escape
- You must take out insurance against your dog injuring other people
- You must be aged over 16
- You must show the Certificate of Exemption when asked by a police officer or council dog warden
- You must let the Index of Exempt Dogs know if you change address, or your dog dies
Declaration Process
If you're a dog owner, it's essential to know the declaration process for restricted breed dogs. Authorised officers have the power to declare a dog as a restricted breed.
These officers must serve written notice on the dog's owner within 7 days of making the declaration. The notice will be delivered personally or by registered post.
The notice will include information on how owners can apply for a review of the decision, if desired. It will also outline the housing and ownership requirements for restricted breed dogs.
If you're unsure about the declaration process, it's a good idea to check with your local council for more information.
Dog Ownership Requirements
If you're an owner of a restricted breed dog, you'll need to comply with specific requirements. You'll receive written notice from an authorised officer within 7 days of the declaration, outlining the housing and ownership requirements that apply.
Restricted breed dogs must be kept on a lead and muzzled at all times when in public. They must also be neutered, fitted with a microchip, and kept in a secure place so they can't escape.
You'll need to take out insurance against your dog injuring other people, and you must be aged over 16. You'll also need to show your Certificate of Exemption when asked by a police officer or council dog warden.
If you have a Certificate of Exemption, you'll need to follow certain rules to keep your banned dog. These rules include keeping your dog neutered, fitted with a microchip, and kept on a lead and muzzled at all times when in public.
Here are the key requirements for restricted breed dog owners:
If you're caught breeding a restricted breed dog, it's a criminal offence that can result in a maximum 6 months jail or 60 penalty units.
Who Is Affected
In the US, over 700 cities have enacted breed-specific laws, affecting many dog owners and their pets.
Regulated breeds typically include American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, and English Bull Terriers.
These breeds are often targeted by breed-specific laws, which can be confusing and frustrating for dog owners who love their pets.
Some states, like New York, Texas, and Illinois, have laws that focus on regulating individual dogs, rather than their breed.
This approach can be more effective in keeping communities safe, as it targets the specific behavior of a dog, rather than its breed.
Dogs that resemble regulated breeds, such as American Bulldogs, Rottweilers, Mastiffs, and Chow Chows, may also be affected by breed-specific laws in some areas.
This can be concerning for dog owners who have pets that may be mistakenly identified as a regulated breed.
Effectiveness and Consequences
Breed-specific laws have some pretty serious consequences. Dogs suffer because owners are forced to restrict their outdoor exercise and socialization, leading to negative impacts on their mental and physical health.
Responsible owners of regulated breeds can face housing issues, legal fees, or even relinquishment of their pets. This is unfair to owners who have done nothing wrong.
Public safety actually suffers under breed-specific laws. These laws can shift the focus away from effective enforcement of laws that really make communities safer, such as dog license laws and leash laws.
Consequences of Laws
Dogs suffer under breed-specific laws, often being restricted from outdoor exercise and socialization, resulting in negative impacts on their mental and physical health.
Owners of regulated breeds often attempt to avoid detection by restricting their dogs' activities, which can lead to housing issues and legal fees.
Responsible owners of friendly dogs who happen to fall within the regulated breed are required to comply with local breed bans and regulations.
This can lead to relinquishment of the animal, as seen in the case of Vicki Hearne's dog, Bandit, who was branded vicious and ordered destroyed.
Public safety suffers under breed-specific laws, as the focus is shifted away from effective enforcement of laws that have the best chances of making communities safer.
Dog license laws, leash laws, anti-animal fighting laws, and anti-tethering laws are often ignored in favor of regulating a specific breed.
This can lead to outbreaks of rabies and other diseases that endanger communities.
Breed-specific laws may also have the unintended consequence of encouraging irresponsible dog ownership.
As certain breeds are regulated, individuals who exploit aggression in dogs are likely to turn to other, unregulated breeds.
Conversely, "outlaws" may be attracted to the "outlaw" status of certain breeds, as seen in the rise of pit bull ownership among gang members in the late 1980s.
Are Laws Effective?
The effectiveness of laws is a crucial aspect to consider when it comes to making informed decisions. There is no evidence that breed-specific laws make communities safer for people or companion animals.
The Centers for Disease Control and Prevention (CDC) conducted a thorough study on human fatalities resulting from dog bites and strongly opposed BSL. The CDC's opposition is based on several key issues.
Breed-specific laws are not only ineffective but also come with significant costs and enforcement challenges. The inaccuracy of dog bite data is a major problem, making it difficult to accurately identify dog breeds.
Alternatives to Specific Laws
There is no convincing data to indicate that breed-specific legislation has succeeded anywhere to date. The CDC has noted that many other factors beyond breed may affect a dog’s tendency toward aggression.
The American Veterinary Medical Association (AVMA) suggests a "community approach" to addressing dog safety, which includes educational programs for dog owners and the general public. This approach also emphasizes the importance of spaying and neutering programs, as unneutered male dogs are more likely to exhibit dangerous behavior.
A report from the AVMA task force in 2001 concluded that targeting particular breeds could be counterproductive, giving a "false sense of accomplishment." Instead, the community should focus on enforcing non-breed-specific safety rules, such as leash laws.
Here are some examples of community-based approaches to addressing dog safety:
- Enhanced enforcement of dog license laws
- Increased availability to low-cost sterilization (spay/neuter) services
- Dangerous dog laws that are breed-neutral and focus on the behavior of the individual guardian and dog
- Graduated penalties and options for dogs deemed dangerous
- Laws that hold dog guardians financially accountable for failure to adhere to animal control laws
- Laws that hold dog guardians civilly and criminally liable for unjustified injuries or damage caused by their dogs
- Laws that prohibit chaining, tethering and unreasonable confinement, coupled with enhanced enforcement of animal cruelty and animal fighting laws
- Community-based approaches to resolving reckless guardian/dangerous dog questions that encompass all stakeholders, available dog bite data and recommended realistic and enforceable policies
Frequently Asked Questions
What does dog restriction mean?
Dog breed restrictions refer to the prohibition of certain dog breeds or mixes in specific buildings, houses, or apartments. This means even mixed-breed dogs may be excluded, depending on their ancestry
Sources
- Restricted breed dogs (agriculture.vic.gov.au)
- What Is Breed-Specific Legislation (BSL)? (aspca.org)
- notes in its discussion of breed-specific laws (naic.org)
- portrayed as brave and protective (wlvt.org)
- Council Bluffs, Iowa, Municipal Code § 4.20.122 (municipalcodeonline.com)
- United Kennel Club (ukcdogs.com)
- American Kennel Club (akc.org)
- 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)
- Florida law was changed (wusf.org)
- passed a ballot measure (nbcnews.com)
- Restricted Dogs (nsw.gov.au)
- Controlling your dog in public: Banned dogs (www.gov.uk)
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