ACTIVATE: We’ve come to take your dog away! What is BSL (Breed Specific Legislation)? A Better Name? Breed Discriminatory Legislation!

by Irene Soriano Brightman

COOKIE!

Think of this…you raise this beautiful pit bull from puphood to full adulthood and spend countless hours filled with wonderful companionship, trips, tragedies and other life changing events. Pit Bull and Guardian live happily ever after, right?

Here in Los Angeles, it would seem to be the natural progression to be able to raise your pitbull or other power breeds to a ripe old age. That is NOT the case for many dog guardians of this misunderstood and maligned breed in the United States. To me, when I hear of states that have passed BSL (Breed Specific Legislation), they all seem like some faraway lands I hope to never visit. But it is a reality and I know that many DDR friends and family have connections to many of the states that have these types of horrible legislation in place! Florida has one in the works! Denver has had BSL laws in place for over 20 years! Read Stephanie Ernst’s (from Change.org) article at Denver’s problematic “profiling” and murder of pitbulls in The Killing of the Misunderstood 3,500: Denver’s Pit Bull Ban

When I looked up BSL in California , here are the cities listed:
San Francisco, Santa Monica, Naval Base Ventura County, Point Mugu, Point Hueneme

Apparently an ordinance was in effect in Santa Monica, California, before the state prohibited breed-based laws:

4.04.410 Vicious dogs.
(a) No person owning or harboring any pit bull or any other dog subject to this Section pursuant to subdivision (b) shall within the limits of the City allow or permit such dog, whether licensed or not, to be upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, except when muzzled and held under leash by an able bodied person.
(b) This Section shall apply to any dog for which the Animal Control Officer has issued, based upon the vicious or predatory nature of the dog, a written notice to the person owning or harboring such dog to keep the dog muzzled and leashed in accordance with this Section.
(c) For purposes of this Section, “pit bull” means any pit bull terrier of the Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier as to be identified as partially of the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier. (Former section 4.04.410 of the Santa Monica Municipal Code.)

I’m just glad that bad dream is over but of course those who believe in the hype of “the killing machine pitbulls” rear their ugly heads in different restrictive measures that limit ownership of these dogs by instituting size and weight requirements for apartments, condos, etc. and on a more institutional level, there are insurance companies refusing to offer homeowners insurance to pitbull owners. It seems so odd to me that there are places here in the United States instituting discriminatory and outdated legislation that defy sound research and appeals from legal authorities and experts that time and time again oppose these bans.

I remember getting a post on FACEBOOK from one of my friends of another friend needing to rehome her beautiful pitbull because she had been accepted to graduate school in a BSL state. I sent her a follow-up email to find out what happened and if her girl found a new home…I never heard back.

COCO

What does BSL do? It targets and demonizes certain breeds of dogs and who doesn’t have to bear the burden? Chronically irresponsible dog owners. I’m opposed to breed bans and responsible pit bulls guardians should be aware that these breed ban proposals continually pop up in different cities/states…it would be a nightmare for me to wake up one day and get a notice or knock on my door telling me that my staffie mix Blacken may have to be taken away or put down because of a law that just passed. I would hate to have to put signage in front of my duplex stating there was a dangerous dog in the premises or have my life be made miserable by financially crippling me to own Blacken due to insurance requirements. Thankfully, I can only complain about this hypothetically in a blog but this is the reality for many other people in other states!

Take the case of what’s going on in Elgin, Illinois…just so you can see what local city council’s are proposing:

From a BEST FRIENDS NETWORK EMAIL:

Illinois residents, especially in or around Elgin- please sign the petition to oppose the BSL being attempted by city council.

http://www.thepetitionsite.com/5/stop-unfair-dog-law-in-Elgin

Only one of the requirements proposed in the ordinance is to obtain a special transport permit to travel through Elgin with ANY “Pit Bulls” or “Pit Bull TYPES”, in addition to muzzling while in public.

Additionally, all rules pertaining to a dog designated as “Dangerous” by committing an aggressive act will automatically be applied to “Pit Bulls” and dogs deemed by the city as “Pit Bulls”.

Excerpts from the proposed new ordinance:

A Pit Bull shall be and is hereby deemed as per se a Dangerous Dog and is hereby designated as a Dangerous Dog.

1. license fee for a three year license in the amount of $100

2. (From Definitions): “Pit Bull” means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) 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 the United Kennel Club for any of the above breeds

3. The Owner of a Pit Bull may temporarily transport through the city a Pit Bull without registering and licensing such Pit Bull only if such Owner has obtained a valid transport permit from the Chief of Police. At all times when the Pit Bull is being transported within the city, it must be securely muzzled … and be restrained on a non-retractable Leash no longer than six (6) feet; or alternatively, confined in a Secure Temporary Enclosure. Temporary transport permits shall be valid for a period not to exceed one (1) hour when the Pit Bull is being transported from a point outside the city to a destination outside the city and not to exceed two (2) hours when the Pit bull is being transported from a point outside the city to a train station or bus station within the city.

4. Confinement.

a. A Dangerous Dog on private premises must be kept indoors or outdoors either within an Enclosure or within a fully-fenced yard enclosed on all sides by fencing that:

i. is at least six feet in height

ii. locks securely

iii. has secure sides that prevent the dog from extending any portion of its body through any part of the fence; and

iv. is anchored to the ground so that the dog cannot escape by digging under the fence

b. A Dangerous Dog on public premises must be directly controlled and supervised by an adult at least 18 years of age. Such control and supervision shall require, at a minimum that the dog be:

i. restrained on a non-retractable Leash no longer than six feet; and

ii. securely muzzled

5. Required signage.
The Owner must display in a prominent place on the premises where the Dangerous Dog is kept, and at each entrance to any outdoor Enclosure where the dog is kept, clearly visible signage stating that a Dangerous Dog is kept on the premises. The text of such sign shall read: “WARNING:DANGEROUS DOG KEPT ON THE PREMISES”

6. Evaluation and training.
(a) an evaluation of the Dangerous Dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field of dog behavior, and (b) obedience training or other training or treatment as deemed appropriate by the behaviorist or expert
Insurance Coverage.
Within 14 days, the Owner of the Dangerous dog must obtain and maintain and provide the City with satisfactory evidence of liability insurance coverage in the amount of at least $100,000, which coverage includes without limitation coverage for animal bites. In lieu of liability insurance, the Owner of a Dangerous Dog may obtain a surety bond in the value of at least $100,000

7. PENALTY:

A. Any person violating any of the provisions or failing to comply any of the mandatory requirements of this Chapter shall be guilty of an offense. Any person convicted of an offense for violating, in addition to other legal and equitable remedies available to the City, shall be punished by a fine of not less than One Thousand Dollars ($1,000).

8. Failure to comply.

Upon finding that a Dangerous Dog has not been so kept or maintained, the Hearing Officer or court may, in addition to requiring the payment of the penalties, order that the license issued be revoked, that the Dangerous Dog be Altered and Microchipped at the Owner’s expense, if not already Altered and Microchipped, and be permanently removed from the corporate limits of the City within 14 days, with the Owner of the Dangerous Dog being responsible for all fees and costs incurred or charged by the city or the animal control facility utilized by the city

[Amended Animal Control Ordinance
February 18, 2010
Ordinance No. G
AN ORDINANCE AMENDING TITLE 7 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ANIMALS”]

PRECIOUS

Where does that leave us in Los Angeles who don’t have to deal with this type of insanity? Let us help other counties and states and their residents who send appeals to us in “safe land” to oppose breed bans. BSL’s are BDL’s – Breed Discriminatory Laws!

The next email you get or Facebook signature petition to fight a ban? Please sign it…forward it to your friends and most of all, find out more about BSL/BDL to be able to argue for their removal when it comes up in different social settings. How many times have we been in situations where we have had to defend our choice of dog companions? I wouldn’t doubt that these objectors are the very same people that will go on to support breed specific/discriminatory legislation. Let us “know” our stuff and give those naysayers something to think about. We may not change their minds, but we have to remember that there may be fence-sitters in our many conversation circles, let us hope that the knowledge we share will bring THEM to the fold of true pitbull advocacy and away from the hype, breed misperceptions and media sensationalism that plague our beloved dogs.
BSL is BDL…don’t bully my breed!

Here are some resources to find out about this issue:

1. BEST FRIENDS ADVOCACY FOR ANIMALS PAGE
2.
All Bark and Fiscal Bite – Are Breed-Discriminatory Laws Effective?
3.
Fighting Breed Specific Legislation from PIT BULL RESCUE CENTRAL
4
. If you have friends and family living in states that have BSL or city councils planning on instituting BSL/BDL – pass along this Best Friends BDL Fiscal Impact Page. The online calculator allows anyone to estimate by city, county or state
the costs for implementing and enforcing a breed-specific law.


2017-05-24T08:44:34+00:00
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