Specific Dog Breed Legislation

[Alysser]

I wrote a whole paper on it with really good statistics for a class too. It got deleted when my laptop crashed. I would've sent it to you otherwise, maybe I can search for it through my e-mail or something. I'll see what I can do.

[Freedom]

I live in East Providence, RI. Several cities in this state have breed specific legislation.

Breed specific legislation: Pawtucket, RI.
[Added 12-11-2003 by Ch. No. 2708]
A.

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City any pit bull dog.
B.

Definitions. As used in this section, the following terms shall have the meanings indicated:

KEEPER
Any person who possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull, whether or not that person is the owner.

OWNER
Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull.

PIT BULL
Any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier; or any dog of mixed breed displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, the characteristics being identifiable even if there are technical deficiencies in any particular dog's conformance thereto; or any dog identifiable by a licensed veterinarian, animal control officer or any other knowledgeable person whose identification is deemed credible by the Public Safety Director or the Animal Control Officer, as having any American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier as any element of its breeding.

SECURE TEMPORARY ENCLOSURE
A ecure enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.

C.

Exceptions. The prohibition of this section shall not apply in the following enumerated circumstances.
(1)

The owner or keeper of a pit bull that is registered and licensed with the City Clerk on the date of passage of the ordinance enacting § 116-37.1 may apply for a pit bull license, to be renewed annually. After this date no pit bull licenses will be issued. Any owner or keeper, who has applied for and received a pit bull license in accordance with Subsection D of this section, and who maintains the pit bull at all times in compliance with the pit bull license requirements of Subsection D of this section and all other applicable requirements of this section, may keep a pit bull within the City. Notwithstanding the prohibition of Subsection A, in the event of the death of a licensed pit bull that was registered and licensed with the City Clerk on the date of the passage of this section, the owner or keeper may own another pit bull and must apply for an annual pit bull license, provided that the owner or keeper has not at any time violated any provision of this section.
(2)

The City's municipal animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this section.
(3)

Any humane society operating an animal shelter which is registered and licensed by the City may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact the City's municipal animal shelter and either turn the pit bull over to the municipal animal shelter employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of Subsection E.
(4)

A person may temporarily transport into and hold in the City a pit bull only for the purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the City Council, must obtain any other permits or licenses required by City ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the City to and from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure," as defined in Subsection B.
(5)

(Reserved)
Editor's Note: Former Subsection C(5), which provided for a temporary transport permit, was repealed 9-8-2004 by Ch. No. 2740.
(6)

Failure by the owner or keeper to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and/or disposal pursuant to Subsection E of this section and shall operate to prevent the owner or keeper from asserting such exception as a defense in any prosecution under Subsection A.

Section 116-37.1
[Added 12-11-2003 by Ch. No. 2708]
A.

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City any pit bull dog.
B.

Definitions. As used in this section, the following terms shall have the meanings indicated:

KEEPER
Any person who possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull, whether or not that person is the owner.

OWNER
Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull.

PIT BULL
Any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier; or any dog of mixed breed displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, the characteristics being identifiable even if there are technical deficiencies in any particular dog's conformance thereto; or any dog identifiable by a licensed veterinarian, animal control officer or any other knowledgeable person whose identification is deemed credible by the Public Safety Director or the Animal Control Officer, as having any American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier as any element of its breeding.

SECURE TEMPORARY ENCLOSURE
A ecure enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.

C.

Exceptions. The prohibition of this section shall not apply in the following enumerated circumstances.
(1)

The owner or keeper of a pit bull that is registered and licensed with the City Clerk on the date of passage of the ordinance enacting § 116-37.1 may apply for a pit bull license, to be renewed annually. After this date no pit bull licenses will be issued. Any owner or keeper, who has applied for and received a pit bull license in accordance with Subsection D of this section, and who maintains the pit bull at all times in compliance with the pit bull license requirements of Subsection D of this section and all other applicable requirements of this section, may keep a pit bull within the City. Notwithstanding the prohibition of Subsection A, in the event of the death of a licensed pit bull that was registered and licensed with the City Clerk on the date of the passage of this section, the owner or keeper may own another pit bull and must apply for an annual pit bull license, provided that the owner or keeper has not at any time violated any provision of this section.
(2)

The City's municipal animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this section.
(3)

Any humane society operating an animal shelter which is registered and licensed by the City may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact the City's municipal animal shelter and either turn the pit bull over to the municipal animal shelter employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of Subsection E.
(4)

A person may temporarily transport into and hold in the City a pit bull only for the purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the City Council, must obtain any other permits or licenses required by City ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the City to and from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure," as defined in Subsection B.
(5)

(Reserved)
Editor's Note: Former Subsection C(5), which provided for a temporary transport permit, was repealed 9-8-2004 by Ch. No. 2740.
(6)

Failure by the owner or keeper to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and/or disposal pursuant to Subsection E of this section and shall operate to prevent the owner or keeper from asserting such exception as a defense in any prosecution under Subsection A.

[Freedom]

The next section of that law above explains what happens for folks who already lived in the city and had a pitbull at the time the law was enacted.

Here is the link I used to find the Pawtucket law. This is set for RI, so it shows other links in my state. You can change the state for the search, to find more laws.
http://www.dogsbite.org/legislating-...ode-island.htm

[dab_20]

Thanks, Alyssa. Don't go out of your way to find it. lol

Freedom, thanks that helps! BTW I couldn't believe some of the stuff they have in their website! Sounds uneducated to me. Anyways, it helps to look up the laws, so thank you!

[dab_20]

Sooo... I am supposed to find 5 articles for an against BSL. I've found PLENTY against BSL, but I can't find any reliable websites that are pro BSL! I mean, you can't make a good argument unless you know both sides of it. The few websites I've found sound like a thirteen year old wrote it.

Anyone know of any good website or even books that are pro BSL?

[Freedom]

Just as a starting place, this is from Wiki Pedia, quoting a court:
http://en.wikipedia.org/wiki/Breed-specific_legislation

Vanater v. Village of South Point
. . . .
The court made the following findings of fact when it determined the village showed that pit bull terriers are uniquely dangerous and therefore, are proper subjects of the village's police power for the protection of the public's health and welfare:

* 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. It is clear that the unquantifiable, unpredictable aggressiveness and gameness of Pit Bulls make them uniquely dangerous.
* Pit Bulls have the following distinctive behavioral characteristics: a) grasping strength, b) climbing and hanging ability, c) weight pulling ability, d) a history of frenzy, which is the trait of unusual relentless ferocity or the extreme concentration on fighting and attacking, e) a history of catching, fighting, and killing instinct, f) the ability to be extremely destructive and aggressive, g) highly tolerant of pain, h) great biting strength, i) undying tenacity and courage and they are highly unpredictable.
* While these traits, tendencies or abilities are not unique to Pit Bulls exclusively, Pit Bulls will have these instincts and phenotypical characteristics; most significantly, such characteristics can be latent and may appear without warning or provocation.
* The breeding history of Pit Bulls makes it impossible to rule out a violent propensity for any one dog as gameness and aggressiveness can be hidden for years. Given the Pit Bull's genetical physical strengths and abilities, a Pit Bull always poses the possibility of danger; given the Pit Bull's breeding history as a fighting dog and the latency of its aggressiveness and gameness, the Pit Bull poses a danger distinct from other breeds of dogs which do not so uniformly share those traits.
* 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.[56]
...
Here is the footnote, this is the proper way to cite a legal case:

56. ^ "Vanater v. Village of South Point, 717 F. Supp. 1236 (D. Ohio 1989)". Michigan State University College of Law. http://www.animallaw.info/cases/caus717fsupp1236.htm. Retrieved 2009-06-30.

Still looking.

[Freedom]

Starting point for the arguments FOR BSL:
http://www.lkwdpl.org/thinkingcity/breeds.html

Some places to check:
http://www.lovedoesnotdiscriminate.c...groups_su.html

I find this interesting, because indicates you are not going to find a responsible institutional article in support of BSL. It is going to be individuals, not a vet, medical group, animal welfare group, who writes the article. Finding the articles in support is going to be more difficult. Finding the arguments USED by those in support is going to be a bit easier to find.

http://wonderbull.com/blog/archives/...ta-support-bsl

I don't know if you would want to register to see discussions in this forum:
http://www.experienceproject.com/gro...ort-Bsl/117629
Can you be a 'lurker,' without having the emotions cause you to post? It is possible that one or 2 posters actually cite something in support of their position, and that is what you would be scanning for.

The CDC study mentioned in one or 2 of the places above seems to be a key factor in SUPPORT of BSL. That is what Nationwide Insurance has used to develop its 'blacklist' of breeds.

BTW, maybe you already learned this: if you use BSL in your Google search, you get a lot of cites for British Sign Language!