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Although dogs are ordinarily harmless, they preserve some of their hereditary wolfish instincts, which occasionally break forth in the destruction of sheep and other helpless animals. the dog owners argued that the ordinance violated the Equal Protection Clause by creating an irrational distinction between one who owns a dog with the physical characteristics of a pit bull and one who owns a dog lacking those characteristics; however, the higher court ruled that there was ample evidence to establish a rational relationship between the city's classification of certain dogs as pit bulls and the legitimate governmental purpose of protecting the health and safety of the city's residents and dogs, and thus the ordinance did not violate the dog owners' right to equal protection of the laws. This analysis requires that the law being challenged must be rationally related to a legitimate government goal or purpose. The defendants claimed the ordinance violated their due process rights because it was vague in how it defined "pit bull"; however, the ordinance was not vague because vagueness applies in the sense of "to whom does the law apply." 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. Restricted breed dogs are also required to be sterilised unless there are extenuating circumstances relating to the animal's physical condition or medical treatment. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited "type". 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. While it may be true that some definitions contain descriptions which lack "mathematical certainty," such precision and definiteness is not essential to constitutionality. "[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.". Proof of pedigree excluding these breeds will exempt a dog. Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or types of dog. The dogs have to be muzzled and kept on a lead in public, they must be registered and insured, neutered, tattooed and receive microchip implants. 1236 (D. Ohio 1989), the Ohio federal district court held that the criminal ordinance of South Point, Ohio, prohibiting the owning or harboring of pit bull terriers within the village limits was not overly broad, concluding: The Court concludes that the definitions of a Pit Bull Terrier in this Ordinance are not unconstitutionally vague. The defendants claimed the ordinance denied them procedural due process against the loss of property; however, the court ruled that the court hearings specified by the ordinance were sufficient due process to ensure the owners had "the opportunity to be heard and present evidence would occur at a meaningful time, that is, prior to the destruction of the dog.". The law was therefore not vague since the defendants knew the ordinance applied to them. The appellants appealed on the grounds that: The Appeals court upheld the Bracken County ordinance, finding that: In American Dog Owners Ass'n, Inc. v. City of Lynn, 404 Mass. 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. Because state and local jurisdictions enjoy broad police powers, including protecting the public's safety and welfare, courts have not had trouble finding that BSL is rationally related to the goal of protecting the public from allegedly dangerous breeds. 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. Pit bulls prohibited in the city, meaning bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, dogs of mixed breed which includes these breeds, any dog known as a pit bull, pit bull dog or pit bull terrier, any dog having the appearance and characteristics of being predominantly of those breeds, any dog registered within the city as a pit bull dog. As per Ukrainian Kennel Club KSU, dangerous breeds list includes over 20 breeds, such as American Bulldog, American Staffordshire Terrier, English Mastiff, Dogo Argentino, Dogue De Bordeaux. 822.047. KEEPING OF PIT BULLS PROHIBITED", "Section 205.195: Keeping of Pit Bull Dogs Prohibited", "Springfield, MO, Overwhelmingly Votes to Repeal BSL Law", "Title 10 Animal Control, Chapter 3 Pit Bulls", "Title 7 Animals, Chapter 7.08 Pit Bull Dogs", "Municipal Code, City of Royal City, Washington", "Ordinary Law PROVIDES FOR THE IMPORTATION, MARKETING, CREATION, AND BEARING OF PITT-BULL DOGS, AND GIVES OTHER PROCEDURES", "Ecuador descalifica a perros pit bull y rottweiler como mascotas", "Venezuela restringe tenencia de perros Pit Bull", "electronic Irish Statute Book (eISB), S.I. Importation of the Pitbull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Bull Terrier, and their crossbreeds, is prohibited.[63][64]. [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. 73, 533 N.E.2d 642 (1989), had resulted in the pit bull ban being annulled because the ordinance did not specify in sufficient detail what a "pit bull" was; in addition, the higher court ruled that the summary judgment had been properly awarded, thus upholding the Yakima pit bull ban.[124]. 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]. 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. [101] The judge also ruled that the government's ability to introduce a veterinarian's certificate certifying that the dog is a pit bull created a mandatory presumption that the dog was a pit bull, and that this placed an unconstitutional burden of proof upon the defendant.[101]. All Rights Reserved. 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 [. The Act also bans the breeding, sale and exchange of these dogs, even if they are on the 'Index of Exempted Dogs'.[56]. The Court of Appeals found that the evidence of the unique danger posed by pit bulltype dogs was sufficient that the dog owners could not prove beyond a reasonable doubt that the discrimination was unfounded, as required by previous court precedent. [24], In Bermuda, since, July 21, 2003, importing or breeding of any "breed of dog that may be perceived as dangerous" is prohibited. These actions range from outright bans on the possession of pit bulltype dogs, to restrictions and conditions on pit bull ownership. Claims that BSL is unconstitutionally vague have brought dog owners mixed success. Owners may keep pit bulls they had when the ordinance was passed, but they must be muzzled or in a secure temporary enclosure when off property. Acquisition or keeping of a Pit Bull dog: $500.00 fine and County Court action to force the removal of the animal from Miami-Dade County.". A Pit Bull Terrier may temporary be in the county for a contest or show, with permissions and assurances of protective measures to prevent escape or injuring the public, and must be transported in a secure temporary enclosure. It could also be an issue for someone renting in an apartment complex if the owner has restrictions in place. 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. ensure the dog is spay/neutered, wearing a collar and a prescribed tag, and is microchipped. 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. 1988), the Florida Third District Court of Appeal reviewed the city of North Miami ordinance regulating the ownership of pit bull dogs within the city limits, and held: (1) the ordinance did not violate the equal protection clause of the United States Constitution since the city's action in light of the evidence was neither arbitrary or irrational; (2) the ordinance's requirement to obtain liability insurance did not violate due process since the city had the right to regulate dogs under its police powers; (3) the definition of "pit bull" was not unconstitutionally vague, citing substantial precedent that laws requiring "substantial conformance" with a standard are not considered vague; and that mathematical certainty of a dog's identity as a pit bull was not required for a legal determination that a dog was in fact a pit bull. As their depredations are often committed at night, it is usually impossible to identify the dog or to fix the liability upon the owner, who, moreover, is likely to be pecuniarily irresponsible [not responsible for financial compensation]. Pit bulls in general and breeds derived from them. [23], Fifty-two countries have some form of breed-specific legislation, and 41 of those have BSL at the national level, as of December 2018. The court held that the legislation was void for violation of a Pit Bull owner's right to due process since the owner could not appeal a designation of his pet as a vicious dog. 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. Dogs off property must be on a short leash handled by a competent adult and muzzled with a steel cage type muzzle, or in a secure temporary enclosure. Of these, the Pit Bull Terrier and the Perro de Presa Canario are the only breeds currently known to exist in Australia. A pit bull is considered an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of the three breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to those breeds standards of the AKC or UKC. 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. Sec. The court held that, "Since we conclude that there is no evidence that pit bulls are inherently dangerous or vicious, then the city ordinance limitation on ownership is also arbitrary, unreasonable and discriminatory."[117]. 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]. [31], There have been at least 60 municipality BSL repeals in the U.S. since 2018.[32]. 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". 1983 (1982).[112]. [21] The study found that no significant difference existed between legislated and non-legislated dog breeds for the type of bite inflicted, and the medical treatment needed after the bite. There is "dangerous breed list" in Ukraine since 2002, which listed 88 breeds. In the face of conflicting evidence as to the feasibility of less restrictive means to protect the public, it was open to the legislature to decide to restrict the ownership of all pit bulls. The dog must live in a secure enclosure when at home, and the owner must post "Warning: Dangerous Dog" signs on their property. The following dogs must be muzzled in public places: the dog shall be implanted with a microchip; the dog, if over 6 months of age, shall be sterilised; the licensee shall have in force a policy of insurance approved by the Director-General for an amount of not less than $100,000 to cover any injury to persons or animals or damage to property that might be caused by the dog; and, the licensee shall furnish to the Director-General security in the form of a banker's guarantee for $5,000, which shall be forfeited if , the owner allows the dog to be in a public place otherwise than on a leash and securely fitted with a muzzle sufficient to prevent it from biting a person; or, The following dog breeds must be leashed and muzzled at all times when in public , keep the dog within a child-proof enclosure, display warning signs at the entrance to the property where the dog is located, muzzle the dog in public and have it under effective control at all times.
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