Breed-specific legislation
Encyclopedia
Breed
A breed is a group of domestic animals or plants with a homogeneous appearance, behavior, and other characteristics that distinguish it from other animals or plants of the same species. Despite the centrality of the idea of "breeds" to animal husbandry, there is no scientifically accepted...
or breeds of domesticated animals. In practice, it generally refers to laws or ordinances pertaining to a specific dog
Dog
The domestic dog is a domesticated form of the gray wolf, a member of the Canidae family of the order Carnivora. The term is used for both feral and pet varieties. The dog may have been the first animal to be domesticated, and has been the most widely kept working, hunting, and companion animal in...
breed or breeds.
Some jurisdictions have enacted breed-specific legislation in response to a number of well-publicized incidents involving pit bull-type dogs
Pit bull
A Pit bull is any of several breeds of dog in the molosser breed group.Many jurisdictions that restrict pit bulls, including Ontario, Canada,, Miami, Florida, U.S...
or other dog breeds commonly used in dog fighting
Dog fighting
Dog fighting is a form of blood sport in which game dogs are made to fight, sometimes to the death. It is illegal in most developed countries. Dog fighting is used for entertainment and may also generate revenue from stud fees, admission fees and gambling....
, and some government organizations such as the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
have taken administrative action as well. This legislation ranges from outright bans on the possession of these dogs to restrictions and conditions on ownership, and often establishes a legal presumption that these dogs are prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
legally "dangerous" or "vicious." In response, some state-level governments in the United States have prohibited or restricted the ability of municipal governments within those states to enact breed-specific legislation.
It is now generally settled in case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
that jurisdictions in the United States and Canada have the right to enact breed-specific legislation; however, the appropriateness and effectiveness of breed-specific legislation in preventing dog bite fatalities and injuries is disputed. One point of view is that certain dog breeds are a public safety issue that merits actions such as banning ownership, mandatory spay/neuter
Neutering
Neutering, from the Latin neuter , is the removal of an animal's reproductive organ, either all of it or a considerably large part. The process is often used in reference to males whereas spaying is often reserved for females. Colloquially, both terms are often referred to as fixing...
for all dogs of these breeds, mandatory microchip implants
Microchip implant (animal)
A microchip implant is an identifying integrated circuit placed under the skin of a dog, cat, horse, parrot or other animal. The chips are about the size of a large grain of rice and are based on a passive RFID technology....
and liability insurance
Liability insurance
Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he or she is sued for claims that come within the coverage of the insurance policy...
, or prohibiting people convicted of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
from owning them. Another point of view is that comprehensive "dog bite" legislation, coupled with better consumer education and legally mandating responsible pet keeping practices, is a better solution than breed-specific legislation to the problem of dangerous dogs. A third point of view is that breed-specific legislation should not ban breeds entirely but should strictly regulate the conditions under which specific breeds could be owned, e.g., forbidding certain classes of individuals from owning them, specifying public areas from which they would be prohibited, and establishing conditions, such as requiring a dog to wear a muzzle, for taking dogs from specific breeds into public places. Finally, some governments, such as in Australia, have forbidden the import of specific breeds and are requiring the spay/neuter of all existing dogs of these breeds in an attempt to slowly eliminate the population through natural attrition.
Australia
The importation of the Dogo Argentino, Fila BrasileiroFila Brasileiro
The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog...
, Japanese tosa
Tosa (dog)
The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :...
, American pit bull terrier
American Pit Bull Terrier
The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland...
or pit bull terrier, and Perro de Presa Canario
Perro de Presa Canario
The Perro de Presa Canario is a large Molosser-type dog breed originally bred for working livestock. The name of the breed is Spanish, means "Canarian blood hound," and is often shortened to "Presa Canario" or simply "Presa." The breed is also called Dogo Canario, mean Canarian...
or Presa Canario into Australia is absolutely prohibited.
| State | Date | Type | Details |
|---|---|---|---|
| New South Wales New South Wales New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales... |
January 13, 2006 | Restriction | The following dogs are restricted dogs...: American pit bull terrier or pit bull terrier, Japanese tosa, dogo Argentino, fila Brasileiro, any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth, any dog declared by an authorised officer of a council...to be a restricted dog, any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section. Restricted dogs may not be sold, given away, or acquired, and must be spay/neutered. They must be muzzled when in public, wear a special red-and-yellow collar, and may only be handled by a competent adult over the age of 18. The dog must live a secure enclosure when at home, and the owner must post "Warning: Dangerous Dog" signs on their property. 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. |
| Queensland Queensland Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean... |
July 1, 2009 | Restriction | A person who owns a "restricted" dog must: |
| South Australia South Australia South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland... |
July 1, 2004 | Restriction | The dogo Argentino; fila Brasiliero; Japanese tosa; American pit bull terrier (or pit bull terrier); and Perro de Presa Canario (or Presa Canario) are considered "prescribed breeds." Owners of prescribed breeds:
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| Victoria Victoria (Australia) Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively.... |
November 2, 2005 | Restriction | "Restricted breed" dogs are defined as those dogs prohibited from being imported by the Commonwealth Customs (Prohibited Imports) Regulations 1956, including the Dogo Argentino, the Japanese Tosa, the Fila Brasileiro, the Perro de Presa Canario (or Presa Canario) and the American Pit Bull Terrier (or Pit Bull Terrier). Of these, the Pit Bull Terrier and the Perro de Presa Canario are the only breeds currently known to exist in Australia. Restrictions on these breeds include:
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| Western Australia Western Australia Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east... |
March 2006 | Restriction | The following dog breeds are restricted:
All restricted breed dogs must be muzzled, leashed and controlled by an adult who is physically capable of handling the dog, in any environment except prescribed enclosures. Restricted breed dogs are also required to be sterilised unless there are extenuating circumstances relating to the animal’s physical condition or medical treatment. Owners of these breeds are required to display of warning signs where these dogs are kept, meet stringent fencing requirements, notify the local government of changes in the dogs status (moved, died, etc..), and ensure their dogs wear dangerous dog collars. |
Canada
The Canadian federal governmentGovernment of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
does not regulate pit bull-type dogs, but one provincial government and some municipal governments in Canada have enacted breed-specific legislation banning or restricting pit bull-type dogs. The following table discusses a sampling of the restrictions in force.
Samples of Legislation
| Province | Locality | Date | Type | Details |
|---|---|---|---|---|
| Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... |
All | August 29, 2005 | Ban | Except as permitted by this Act or the regulations, no person shall, own a pit bull; breed a pit bull; transfer a pit bull, whether by sale, gift or otherwise; abandon a pit bull other than to a pound operated by or on behalf of a municipality, Ontario or a designated body; allow a pit bull in his or her possession to stray; import a pit bull into Ontario; or train a pit bull for fighting. Pit bulls are "grandfathered" if they were owned by an Ontario resident on August 29, 2005, or born in Ontario within 90 days after August 29, 2005. These dogs are subject to strict regulation and control, including the following:
A document purporting to be signed by a member of the College of Veterinarians of Ontario stating that a dog is a pit bull within the meaning of this Act is receivable in evidence in a prosecution for an offence under this Act as proof, in the absence of evidence to the contrary, that the dog is a pit bull for the purposes of this Act, without proof of the signature and without proof that the signatory is a member of the College. |
| Manitoba Manitoba Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other... |
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| Winnipeg Winnipeg Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name... |
June 1, 1990 | Ban | "Pit Bull dog" means Pit Bull Terrier; or Staffordshire Bull Terrier; or American Staffordshire Terrier; or American Pit Bull Terrier; or Argentine Dogo; or Any dog which has the appearance and physical characteristics predominantly conforming to the standards for any of the above breeds, as established by the Canadian Kennel Club or the American Kennel Club or the United Kennel Club ...as determined by a veterinarian licensed to practice in Manitoba. ...Any Pit Bull dog within the City of Winnipeg is and shall be conclusively deemed a dangerous dog. ...No person shall keep or harbour any Pit Bull dog regardless of age on or after June 1, 1990, except where the owner has a valid dangerous dog licence for that dog which has been issued prior to that date. |
Legal Challenges
In Cochrane v. Ontario (Attorney General), 2007 CanLII 9231 (ON S.C.), Ms. Catherine Cochrane sued the Province of OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
to prevent it from enforcing the Dog Owner's Liability Act (DOLA) ban on pit bull-type 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 failed to provide an intelligible definition of pit bulls. She also argued that a provision allowing the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
to introduce as evidence a veterinarian’s certificate certifying that the dog is a pit bull violates the right to a fair trial and the presumption of innocence.
The presiding judge ruled that the DOLA was not overbroad because,
"The evidence with respect to the dangerousness of pit bulls, although conflicting and inconclusive, is sufficient, in my opinion, to constitute a 'reasoned apprehension of harm'. 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 presiding judge found the term "a pit bull terrier" was unconstitutionally vague since it could include an undefined number of dogs similar to the American Pit Bull Terrier, American Staffordshire Terrier, and Staffordshire Bull Terrier. 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.
Ms. Cochrane and the Attorney General of Ontario appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed different aspects of the decision to the Court of Appeal for Ontario.
In Cochrane v. Ontario (2008 ONCA 718), the Court of Appeal reversed the lower court's ruling:
- 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.”
- It disagreed that the definition of pit bull in the Act was insufficiently precise and restored the original wording of "pit bull terrier" on the basis that, when read in the context of “a more comprehensive definition,” the phrasing “a pit bull terrier” was sufficiently precise.
- It reversed the trial court and found that the government's ability to introduce a veterinarian's certificate certifying a dog was a pit bull would constitute proof only if the defendant failed to answer the claim: it was therefore a tactical burden, rather an evidentiary burden.
On June 11, 2009 the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
declined to hear further appeal of the case, thereby upholding the Ontario ban on pit bulls.
United States
The United States federal governmentFederal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
has not enacted breed-specific legislation, but the Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
has banned "large dog breeds with a predisposition toward aggressive or dangerous behavior," including pit bull-type dogs (among other breeds) in on-base housing and privatized housing, as have a number of United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, U.S. Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
and Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
installations. One state government and several hundred municipal governments in the United States have enacted breed-specific legislation banning or restricting pit bull-type dogs and a few other breeds.
Samples of Legislation
| State | Locality | Date | Type | Details |
|---|---|---|---|---|
| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
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| Maumelle Maumelle, Arkansas Maumelle is a city in Pulaski County, Arkansas, United States and a suburb of Little Rock. Founded by Jess Odom with federal assistance from the Urban Growth and New Community Development Act, it is a master-planned community.... |
April 6, 1998 | Ban | Banned breeds of dogs are banned entirely and may not be owned or kept within the city. Banned breeds of dogs are any of the following:
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| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
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| Aurora Aurora, Colorado City of Aurora is a Home Rule Municipality spanning Arapahoe, Adams, and Douglas counties in Colorado. Aurora is an eastern suburb of the Denver-Aurora-Broomfield, CO Metropolitan Statistical Area . The city is the third most populous city in the Colorado and the 56th most populous city in the... |
October 25, 2005 | Ban | It [is] unlawful for any person to have, own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull or restricted breed of dog.
“Pit bull" ... is defined as 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 united kennel club for any of the above breeds. “Restricted Breed Of Dog” shall mean any American Bulldog American Bulldog The American Bulldog is a breed of working dog that was developed in the United States. There are generally considered to be three types of American bulldog: the Bully or Classic type , the Standard or Performance type , and the Hybrid type... (Old Country Bulldog), Dogo Argentino, Canary Dog (Canary Island Dog, Presa Canario, Perro De Presa Canario), Presa Mallorquin (Perro de Presa Mallorquin Perro de Presa Mallorquin Perro de presa mallorquin is a typical Molossian of somewhat elongated build, strong and powerful, of medium size. The difference between the sexes is apparent in the head, whose circumference is definitely greater in dogs than in bitches... , Ca De Bou), Tosa Inu (Tosa Fighting Dog, Japanese Fighting Dog, Japanese Mastiff), Cane Corso Cane Corso The Cane Corso is an Italian breed of dog, for years valued highly in Italy as a companion, guardian and hunter.- Description :-Appearance:... (Cane Di Macellaio, Sicilian Branchiero), Fila Brasileiro Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... or any dog displaying the majority of physical traits of any one (1) or more of the above breeds. Owners of pit bull dogs and restricted dogs licensed within 60 days of the ordinance's effective date could keep their dogs only under restricted conditions, including:
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| Denver Denver, Colorado The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains... |
July 31, 1989
suspended from April 21, 2004 to May 8, 2005 |
Ban | It [is] unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull. A "pit bull" ... is defined as 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 United Kennel Club for any of the above breeds. The A.K.C. and U.K.C. standards for the above breeds are on file in the office of the clerk and recorder, ex officio clerk of the City and County of Denver, at City Clerk Filing No. 89457. The law allowed owners of pit bulls living in Denver in July, 1989 to keep them provided the owner:
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| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
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| Miami-Dade County Miami-Dade County, Florida Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States... |
1989 | Ban | "It is illegal in Miami-Dade County to own any dog which substantially conforms to a Pit Bull breed dog, unless it was specially registered with Miami-Dade County prior to 1989. 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." | |
| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
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| Council Bluffs Council Bluffs, Iowa Council Bluffs, known until 1852 as Kanesville, Iowathe historic starting point of the Mormon Trail and eventual northernmost anchor town of the other emigrant trailsis a city in and the county seat of Pottawattamie County, Iowa, United States and is on the east bank of the Missouri River across... |
November 9, 2004 | Ban | "It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city of Council Bluffs, Iowa, any pit bull....A “pit bull” is defined as 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 or more of the above breeds (more so than any other breed), 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 A.K.C. and U.K.C. standards for the above breeds are on file in the office of the director of public health." | |
| Sioux City Sioux City, Iowa Sioux City is a city in Plymouth and Woodbury counties in the western part of the U.S. state of Iowa. The population was 82,684 in the 2010 census, a decline from 85,013 in the 2000 census, which makes it currently the fourth largest city in the state.... |
September 15, 2008 | Bans new dogs | "Current pit bull owners [as of Sept. 15, 2008] who keep their dog registered can keep their pet but not to replace it with another pit bull when it dies. The ban exempts the Humane Society, Animal Control, dogs participating in dog shows, and puppies born to pit bulls in the city, up to six months of age.
Any pit bull not in compliance will be impounded, and the owner given 10 days to pay the impoundment costs and produce evidence the dog will be permanently removed from Sioux City. Otherwise it will be put down. |
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| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
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| Overland Park Overland Park, Kansas -Demographics:As of the census of 2000, there were 149,080 people, 59,703 households, and 39,702 families residing in the city. The population density was 2,627.0 people per square mile . There were 62,586 housing units at an average density of 1,102.9 per square mile... |
September 21, 1987; amended July 17, 2007 | Ban | "No person shall own, keep, or harbor any dangerous animal in the City of Overland Park.... "For the purposes of this chapter "dangerous animal" means and includes...any pit bull dog. "Pit bull dog" is defined to mean any and all of the following dogs:
"The registration of a dog at any time in any jurisdiction as a pit bull or any of the dogs listed above shall constitute prima facie Prima facie Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a... evidence the animal is prohibited by this section. "All owners, keepers or harborers of registered pit bull dogs or wolf hybrids must within ten (10) days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in a single incident amount of $300,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal." Note: the ordinance was amended in 2007 to increase liability insurance requirements from $50,000 to $300,000 |
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| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
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| Union County Union County, Kentucky Union County is a county located in the U.S. state of Kentucky. It was formed in 1811. As of 2010, the population was 15,007. Its county seat is Morganfield.-Geography:Union County is part of the Western Coal Fields region of Kentucky... |
January 1, 2008 | Restriction | A vicious dog (Pit Bull and Wolf-Hybrids) shall be annually registered and fee paid. A fee of $50.00, Name, Address, and Telephone Number of owner, Address (place of harbor), Identification, Genus, Species, Name, Gender, Color, Distinguishing Marks, Size, Weight, and (2) two colored photographs before dog can be registered. Owner must also have proof of Rabies Shots, and proof of spayed or neutered, otherwise written statement from veterinarian for reason | |
| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
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| Prince George's County Prince George's County, Maryland Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation.... |
1996 | Bans new dogs | "Effective February 3, 1997, in compliance with the Prince George’s County Code, Section 3-185.01, it is illegal to own or harbor a non-registered Pit Bull in Prince George’s County. To legally own a Pit Bull in the County, your pet must have been registered with the Animal Management Group prior to February 3, 1997 and maintain a current Pit Bull registration. The registration tag must be worn by the Pit Bull at all times. All Pit Bulls with expired registrations are considered illegal and will be impounded, and the owner may be fined or face criminal prosecution. If your registered Pit Bull produces a litter, the puppies are considered illegal and must leave Prince George’s County. Citizens and residents are prohibited by law from selling or giving away Pit Bulls in Prince George’s County. "The Code also requires that Pit Bulls be maintained within a building or secured kennel if kept outdoors for any length of time. In addition, the Code states that Pit Bulls outside of a building or kennel must be under the control of an adult and secured by an unbreakable leash. Violations to this provision will result in fines up to $1,000 or a sentence of not more than six months imprisonment. "Pit Bulls include any and all of the following breed of dogs: Staffordshire Bull Terrier; American Staffordshire Terrier; American Pit Bull Terrier; or dogs that exhibit the characteristics of a Pit Bull more than any other breed of dog." |
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| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
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| Livingston County Livingston County, Michigan -Demographics:As of the census of 2000, there were 156,951 people, 55,384 households, and 43,531 families residing in the county. The population density was 276 people per square mile . There were 58,919 housing units at an average density of 104 per square mile... |
May 20, 2008 | Restriction | "No Pit Bull Terrier, American Pit Bull Terrier, American Staffordshire terrier, American Bulldog, Argentine Dogo, mixes (AKA Bully breeds) or any aggressive animal will be adopted or placed from Livingston County Animal Control
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| Melvindale Melvindale, Michigan Melvindale is a city in Wayne County of the U.S. state of Michigan and a downriver suburb of Detroit. As of the 2010 census, the city population was 10,715. Melvindale's slogan is "The Little City with a Big Heart."-History:... |
April 4, 1990 | Ban | Pit bull or pit bull terrier means and refers to any canine (purebred or hybrid) which exhibits those phenotypical characteristics which:
It is unlawful for any person to acquire, possess or maintain, within the city any pit bull terrier except for dogs owned prior to April 4, 1990. Penalty: $100 or up to 30 days in jail for every day a pit bull is within the city limits. |
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| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
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| Independence Independence, Missouri Independence is the fourth largest city in the U.S. state of Missouri, and is contained within the counties of Jackson and Clay. It is part of the Kansas City Metropolitan Area... |
August 28, 2006 | Bans new dogs | Pit bulls are only allowed in the city limits if they were registered before August 28, 2006. No new pit bulls are allowed to register after this date. Owners of pit bulls already living in Independence have to register and microchip the dog, and the pit bulls must also be spayed or neutered....Owners of pit bulls ... have to carry $300,000 in liability insurance and face stiffer fines and jail time if there is a problem. |
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| Kearney Kearney, Missouri Kearney is a city in Clay County, Missouri, United States. The population was estimated to be 8,599 in 2008. It is most famous for being the birthplace of Jesse James, and there is an annual festival in the third weekend of September to recognize the notorious outlaw.Kearney was unofficially... |
July 7, 2007 | Bans new dogs | "It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Kearney, Missouri, any pit bull dog; provided, that pit bull dogs residing in the City on the date of passage of this Section [July 2, 2007] may be kept within the City subject to the standards and requirements herein set forth. "Pit bull dog" is defined to mean:
The owners of any pit bull legally resident within the city must:
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| Springfield Springfield, Missouri Springfield is the third largest city in the U.S. state of Missouri and the county seat of Greene County. According to the 2010 census data, the population was 159,498, an increase of 5.2% since the 2000 census. The Springfield Metropolitan Area, population 436,712, includes the counties of... |
April 13, 2006 | Bans new dogs | It is unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull. 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 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 A.K.C. and U.K.C. standards for the above breeds are on file in the office of the city clerk.
People owning pit bulls on April 13, 2006 must:
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| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
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| New York City New York City New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and... |
May 1, 2009 | Ban | Residents of the New York City Housing Authority New York City Housing Authority The New York City Housing Authority provides public housing for low- and moderate-income residents throughout the five boroughs of New York City. NYCHA also administers a citywide Section 8 Leased Housing Program in rental apartments... are prohibited from owning the following dog breeds: Akita Inu, Alangu Mastiff, Alano Español Alano Español Alano Español, sometimes called the Spanish Bulldog in English, is a very large breed of dog of the molosser dog type, originating in Spain. The breed is best known for its former use during Spanish bullfights.- Appearance :... , American Pit Bull Terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... , American Staffordshire Terrier American Staffordshire Terrier The American Staffordshire terrier is a medium-sized, short-coated American dog breed. In the early part of the twentieth century the breed gained social stature and was accepted by the American Kennel Club as the American Staffordshire Terrier in 1936... , Argentine Dogo Argentine Dogo The Dogo Argentino is a large, white, muscular dog that was developed in Argentina primarily for the purpose of big-game hunting, including wild boar and puma; the breeder, Antonio Nores Martinez, also wanted a dog that would exhibit steadfast bravery and willingly protect its human companion to... , Bedlington Terrier Bedlington Terrier The Bedlington Terrier is a breed of terrier named after the mining town of Bedlington, Northumberland in North East England.- Description :Appearance:... , Boston Terrier Boston Terrier The Boston Terrier is a breed of dog originating in the United States of America. This "American Gentleman" was accepted in 1893 by the American Kennel Club as a non-sporting breed. Color and markings are important when distinguishing this breed to the AKC standard. They should be either black,... , Bull and Terrier Bull and Terrier -History:The Bull and Terrier is a cross between the Old English Bulldog and a variety of Terriers. The anatomy of the Bull and Terrier is the result of selective breeding for the purpose of hunting, dog fighting and baiting.-Hunting:... , Bull Terrier Bull Terrier The Bull Terrier or English Bull Terrier is a breed of dog in the terrier family. They are known for their large, egg-shaped head, small triangular eyes, and "jaunty gait." Their temperament has been described as generally fun-loving, active and clownish... , Bully Kutta Bully Kutta Bully Kutta is a Molosser type dog which is found largely in Pakistan. The word Bully actually derives from the languages of Sindhi and Urdu as bohli — meaning heavily wrinkled and the word Kutta means dog... , Cane Corso Cane Corso The Cane Corso is an Italian breed of dog, for years valued highly in Italy as a companion, guardian and hunter.- Description :-Appearance:... , Dogue de Bordeaux Dogue de Bordeaux The Dogue de Bordeaux, Bordeaux Mastiff or French Mastiff or Bordeauxdog is a breed of dog that is strong, powerful, and imposing. The Dogue de Bordeaux is one of the most ancient French breeds. They are a typical brachycephalic molossoid type. Bordeaux are very powerful dogs, with a very muscular... , Dogo Sardesco Dogo Sardesco Dogo Sardesco is a breed of dog used as a guard dog, livestock guardian dog, working dogRare and fairly unknown outside Italy, the Dogo Sardesco was developed in the villages of Sardinia as an all-around working Molosser... , English Mastiff English Mastiff The English Mastiff, referred to by virtually all Kennel Clubs simply as the Mastiff, is a breed of large dog perhaps descended from the ancient Alaunt through the Pugnaces Britanniae. Distinguishable by enormous size, massive head, and a limited range of colors, but always displaying a black mask,... , Fila Brasileiro Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... , Gull Dong Gull Dong Gull Dong, also known as the Pakistan Bull Dog, is a breed of dog used for protection and dog fighting.-Appearance:The Gull Dong has different colors i.e. white, black and brindle. Gull Dongs are mostly taller than other Pakistani dog breeds... , Gull Terr Gull Terr The Gull Terr is a breed of dog which is found largely in Pakistan. It was bred from Bull Terriers and the local Bully Kuttas. They are typically found today in heavily rural areas of Pakistan... , Irish Staffordshire Bull Terrier, Korean Jindo Dog, Lottatore Brindisino, Neapolitan Mastiff Neapolitan Mastiff The Neapolitan Mastiff, Italian Mastiff, is a large, ancient dog breed. This massive breed is often used as a guard and defender of family and property due to their protective instincts and their fearsome appearance.... , Perro de Presa Canario Perro de Presa Canario The Perro de Presa Canario is a large Molosser-type dog breed originally bred for working livestock. The name of the breed is Spanish, means "Canarian blood hound," and is often shortened to "Presa Canario" or simply "Presa." The breed is also called Dogo Canario, mean Canarian... , Perro de Presa Mallorquin Perro de Presa Mallorquin Perro de presa mallorquin is a typical Molossian of somewhat elongated build, strong and powerful, of medium size. The difference between the sexes is apparent in the head, whose circumference is definitely greater in dogs than in bitches... , Shar Pei Shar Pei The Shar Pei, or Chinese Shar-Pei, is a breed of dog known for its distinctive features of deep wrinkles and a blue-black tongue. The breed comes from China. The name translates to "sand skin" and refers to the texture of its short, rough coat... , Staffordshire Bull Terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... , Tosa Inu Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... |
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| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
All | July 10, 1987 | Restriction | A "vicious dog" is one "that, without provocation meets any of the following criteria:
Prima facie Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a... evidence of the ownership, keeping, or harboring of a vicious dog." A vicious dog must be confined on the owner's property by means of a locked fenced yard, a locked dog pen that has a top, or some other locked enclosure that has a top (such as a house). The owner must maintain at least $100,000 of liability insurance coverage on the animal. |
| Garfield Heights Garfield Heights, Ohio Garfield Heights is a city in Cuyahoga County, Ohio, United States. The population was 28,849 at the time of the 2010 census.-Geography:Garfield Heights is located at .... |
October 24, 2007 | Ban | No person shall own, keep, harbor or have on public or private property a pit bull dog as hereinafter defined within the Municipal limits of the City of Garfield Heights, Ohio (City). “Pit bull dog” as used in this section means any dog whose blood line includes that of a Staffordshire bull terrier, American Staffordshire terrier, American pit bull or American pit bull terrier, or any other dog whose appearance and characteristics render it identifiable as partially of one or more of such breeds. |
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| Toledo Toledo, Ohio Toledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan... |
January 9, 2009 | Restriction | (a) No person or organization or corporation shall own, keep, harbor or provide sustenance for more than one dog commonly known as a Pit Bull or Pit Bull mixed breed dog, regardless of age, in the City of Toledo, with the exception of puppies commonly known as Pit Bull or Pit Bull mixed breed for which the owner has filed an ownership acknowledgment form in person with the Dog Warden of Lucas County, prior to reaching seven (7) days of age. The ownership of these puppies must be transferred according to Ohio R.C. 955.11(B) and (D) before they are three (3) months of age. Additionally, this section requires that all dogs commonly known as Pit Bull or Pit Bull mixed breed dogs are required, when off the owners' premises, to be securely confined as described in Ohio R. C. 955.22 and muzzled. (b) Any Pit Bull which is outside the premises of the dog owner shall be kept on a leash and muzzled until the dog's return to the premises of ownership. (c) Whoever violates this section is guilty of a misdemeanor of the first degree. Each day that a violation of this section exists shall constitute a separate offense. (d) Any Pit Bull or Pit Bull mixed breed dog which has been seized in connection with a violation of this Section may be ordered destroyed or returned to its Owner only on the condition that the dog is first spayed or neutered at the owner's expense. |
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| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
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| Pawtucket Pawtucket, Rhode Island Pawtucket is a city in Providence County, Rhode Island, United States. The population was 71,148 at the 2010 census. It is the fourth largest city in the state.-History:... |
January 1, 2004 | Ban | "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." City of Pawtucket Municipal Code, Chapter 116, Article IV, Section 116-37.1. | |
| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
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| Sparta Sparta, Tennessee Sparta is a city in White County, Tennessee, United States. The population was 4,599 at the 2000 census. It is the county seat of White County. It was the hometown of Lester Flatt of the bluegrass music legends Flatt and Scruggs.-Geography:... |
August, 2005 | Active | ||
| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
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| Delta Delta, Utah Delta is a city in Millard County, Utah, United States. The population was 3,209 at the 2000 census.-Geography:Delta is located at .... |
January 8, 2001 | Ban | "The term pit bull dog used within this part shall refer to any dog which has any or all of (a) pit bull breeding; (b) characteristics resembling a pit bull and/or (c) exhibits those distinguishing characteristics which
It shall be unlawful to keep any Pit Bull Dog as defined in this ordinance within the incorporated area of the City of Delta, Utah." |
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| Washington | ||||
| Enumclaw Enumclaw, Washington Enumclaw is a city in King County, Washington, United States. The population was 10,669 at the 2010 census.The Enumclaw Plateau, on which the city resides, was formed by a volcanic mudflow from Mount Rainier approximately 5,700 years ago.... |
1990 | Ban | “Pit bull dog” means any dog over the age of six months known by the owner to be a Pit Bull Terrier. Pit Bull Terrier shall mean any Bull Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier so as to be identifiable as partially of the breed Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier. It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city. |
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| Royal City Royal City, Washington Royal City is a city in Grant County, Washington, United States. The population was 1,823 at the 2000 census.-History:Royal City was founded in 1956 and officially incorporated on February 14, 1962. The townsite was previously named Royal Flats, and the entire area Royal Slope, thus the name Royal... |
January 12, 2007 | Ban | Section 6.04.020: ...A "dangerous dog" also includes:
No one shall keep, possess or harbor a dangerous dog, as defined by Section 6.04.020 within the city. |
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| Yakima Yakima, Washington Yakima is an American city southeast of Mount Rainier National Park and the county seat of Yakima County, Washington, United States, and the eighth largest city by population in the state itself. As of the 2010 census, the city had a total population of 91,196 and a metropolitan population of... |
July 28, 1987 | Ban | “Pit bull dog” means any pit bull terrier. “Pit bull terrier” means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier. It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city of Yakima. Violation of this section is a gross misdemeanor. The minimum fine for a violation of this section shall be two hundred fifty dollars for the first offense and five hundred dollars for a second or subsequent offense, which fine shall not be suspended or deferred. For purposes of this section, proof of a prior violation shall not require proof that the same pit bull dog is involved. Each day of violation shall be a separate offense. This [does] not apply to pit bull dogs which: (1) do not reside in the city of Yakima, (2) are brought into the city for the purposes of participating in a dog show or canine sporting event for which the owner is able to show proof of entry, and (3) do not remain in the city of Yakima for a period exceeding ninety-six consecutive hours. |
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| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
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| Wheeling Wheeling, West Virginia Wheeling is a city in Ohio and Marshall counties in the U.S. state of West Virginia; it is the county seat of Ohio County. Wheeling is the principal city of the Wheeling Metropolitan Statistical Area... |
January 17, 2006 | Restriction | Definitions: “Canary Dog.” Any canary dog or Perro do Presa Canario, or any mixed breed of dog which contains, as an element or its breeding, the breed of canary dog or Perro do Presa Canario as to be identifiable as partially of the breed canary dog or Perro de Presa Canario. If there is a question of whether a particular canine fits the definition herein; it will be sufficient to show identification of a canine as either a pure bred or belonging to a mixed breed if a member of the American Veterinary Medical Association (AVMA) would identify the canine as such. “Pit Bull Terrier.” Any Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier breed or dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire bull terrier, American pit bull terrier, or American Staffordshire Terrier, as to be identifiable as partially of the breed of Staffordshire bull terrier or American Staffordshire terrier. If there is a question of whether a particular canine fits the definition herein; it will be sufficient to show identification of a canine as either a pure bred or belonging to a mixed breed if a member of the American Veterinary Medical Association (AVMA) would identify the canine as such. “Vicious Dog.” Any dog that, without provocation, meets any of the following requirements:
Owners of vicious dogs must:
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| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
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| South Milwaukee South Milwaukee, Wisconsin South Milwaukee is a city in Milwaukee County, Wisconsin, United States. The population was 21,256 at the 2000 census.-Geography:South Milwaukee is located at .... |
March 17, 1989 | Ban | "Pit Bull" as used in this ordinance means: Any Pit Bull Terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.
No person shall harbor, keep or maintain within the City limits of the City of South Milwaukee any Pit Bull which was not currently registered and licensed by the City of South Milwaukee on or before April 1, 1989. This prohibition shall not be applied to animals being transported through the City limits of the City of South Milwaukee within a one-hour period of time and to dogs exempted under Sec. 174.005 and 174.006. A pup born to a female Pit Bull licensed and registered pursuant to paragraphs 8(A) and 13 hereof shall be removed from the City of South Milwaukee before the date on which it is required to be licensed pursuant to Chapter 174, Wis. Stats. |
Legal Challenges
Court challenges to breed-specific legislation on constitutional grounds have been largely unsuccessful. Dana M. Campbell summarized the legal challenges and the general court findings as of July 2009:Court cases challenging BSL have focused on constitutional concerns such as substantive due process, equal protection, and vagueness. Most BSL will survive the minimum scrutiny analysis allowed by the due process clauses of the Constitution’s Fifth and Fourteenth Amendments because there is no fundamental right at issue. This analysis requires that the law being challenged must be rationally related to a legitimate government goal or purpose. 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.
Challenges based on equal protection arguments are similarly difficult to sustain. Here courts are looking at whether there is a rational purpose for treating pit bull breeds differently from other dog breeds. 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. However, again under minimum scrutiny review, BSL will survive as long as the government can establish that the BSL is rationally related to its purpose, even if the law is found to be over–inclusive or under–inclusive.
Claims that BSL is unconstitutionally vague have brought dog owners mixed success. Procedural due process requires that laws provide the public with sufficient notice of the activity or conduct being regulated or banned. Here owners of pit bulls or other banned breeds argue that the breed ban laws do not adequately define just what is a “pit bull” (or other banned breed) for purposes of the ban. Another argument is that the laws are too vague to help the dog–owning public or the BSL enforcement agency—such as animal control or police—to 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.
Sentell v. New Orleans and Carrollton Railroad Company
In Sentell v. New Orleans and Carrollton Railroad Company, 166 U.S. 698 (1897), Mr. Sentell sued the New Orleans and Carrollton Railroad
New Orleans and Carrollton Railroad
The New Orleans and Carrollton Railroad was one of six short-line rail systems built to connect the city of New Orleans, Louisiana, with surrounding neighborhoods, in this case, four-and-a-half miles to the resort village of Carrollton...
Company to recover the value of his female Newfoundland dog
Newfoundland (dog)
The Newfoundland is a breed of large dog. Newfoundlands can be black, brown, gray, or black and white. They were originally bred and used as a working dog for fishermen in the Dominion of Newfoundland, now part of Canada. They are known for their giant size, tremendous strength, calm dispositions,...
that he alleged to have been negligently
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
killed by the railroad company. The company claimed that Louisiana law held that only people who licensed their dogs were entitled to sue for compensation if the dog were killed, and that Mr. Sentell was not entitled to damages since he had not licensed his dog. The trial court in Orleans Parish found for Mr. Sentell and awarded him $250 US, so the railroad company appealed to the Louisiana Court of Appeal
Louisiana Circuit Courts of Appeal
The Louisiana Circuit Courts of Appeal are the intermediate appellate courts for the state of Louisiana.There are five circuits, each covering a different group of parishes...
, which reversed the decision of the trial court. The Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
declined to hear the case, so Mr. Sentell then appealed to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which agreed to hear the case.
The Supreme Court ruled against Mr. Sentell and established the precedent in U.S. jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
that the regulation of dogs was within the police power of the state
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
, and that the dogs were not as valuable as horses, cattle, sheep, or other domesticated animals:
It is true that under the Fourteenth Amendment, no state can deprive a person of his life, liberty, or property without due process of law, but in determining what is due process of law, we are bound to consider the nature of the property, the necessity for its sacrifice, and the extent to which it has heretofore been regarded as within the police power. So far as property is inoffensive or harmless, it can only be condemned or destroyed by legal proceedings, with due notice to the owner; but, so far as it is dangerous to the safety or health of the community, due process of law may authorize its summary destruction....
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. Others, too small to attack these animals, are simply vicious, noisy, and pestilent. 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 [irresponsible with money]. In short, the damages are usually such as are beyond the reach of judicial process, and legislation of a drastic nature is necessary to protect persons and property from destruction and annoyance. Such legislation is clearly within the police power of the state. It ordinarily takes the form of a license tax, and the identification of the dog by a collar and tag, upon which the name of the owner is sometimes required to be engraved, but other remedies are not uncommon.
Vanater v. Village of South Point
In Vanater v. Village of South Point, 717 F. Supp. 1236 (D. Ohio 1989), the Ohio federal district court held that the criminal ordinance of South Point, Ohio
South Point, Ohio
South Point is a village in Lawrence County, Ohio, United States, along the Ohio River. The population was 3,742 at the 2000 census.South Point is a part of the Huntington-Ashland, WV-KY-OH, Metropolitan Statistical Area . As of the 2000 census, the MSA had a population of 288,649.The village mayor...
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. An ordinary person could easily refer to a dictionary, a dog buyer's guide or any dog book for guidance and instruction; also, the American Kennel Club and United Kennel Club have set forth standards for Staffordshire Bull Terriers and American Staffordshire Terriers to help determine whether a dog is described by any one of them. While it may be true that some definitions contain descriptions which lack "mathematical certainty," such precision and definiteness is not essential to constitutionality.
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.
American Dog Owners Ass'n, Inc. v. Dade County, Fla.
In American Dog Owners Ass'n, Inc. v. Dade County, Fla., 728 F.Supp. 1533 (S.D.Fla.,1989), dog owners sued in the federal district court of Florida to prevent Dade County
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...
from enforcing a pit bull ban, claiming that there is no such thing as a pit bull dog but rather three separate breeds; however, their own expert witnesses repeatedly identified dogs from the three separate breeds as "pit bull dogs" during the trial. The court upheld the Dade County ordinance, concluding:
Based upon the substantial evidence presented at trial, this court finds that Dade County Ordinance No. 89-022 provides sufficient guidance to dog owners, both in its explicit reference to pit bull dogs, and in its definitional section, to enable pit bull owners to determine whether their dogs fall within the proscriptions of the ordinance....Certainly there are some applications of the ordinance which pass constitutional muster. As long as the enactment is not impermissibly vague in all its applications, this court must uphold its constitutionality. Upon consideration of the evidence presented at trial, the pleadings, memoranda, exhibits and arguments of counsel and upon application of the controlling authority, this court finds that plaintiffs have failed to meet their burden of proof and that the Court is required to uphold the constitutionality of Dade County Ordinance No. 089-22.
American Canine Federation and Florence Vianzon, v. City of Aurora, CO
In American Canine Federation and Florence Vianzon v. City of Aurora, Colorado, 618 F.Supp.2d 1271, the plaintiffs sued in the United States District Court for the District of Colorado
United States District Court for the District of Colorado
The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is the state of Colorado. The United States Congress organized Colorado as a single judicial district on June 26, 1876, by 19 Stat. 61...
to prevent Aurora, Colorado
Aurora, Colorado
City of Aurora is a Home Rule Municipality spanning Arapahoe, Adams, and Douglas counties in Colorado. Aurora is an eastern suburb of the Denver-Aurora-Broomfield, CO Metropolitan Statistical Area . The city is the third most populous city in the Colorado and the 56th most populous city in the...
from enforcing a pit bull ban on the grounds that the law was unconstitutionally vague, that the law was an abuse of the city's police power, and that the ban represented an unconstitutional taking of property. The court rejected each of these claims based on existing legal precedents and upheld the city's ordinance.
Arkansas
In Holt v. City of Maumelle, 817 S.W.2d 208 (AR., 1991), Mr. Steele Holt sued the city of Maumelle, Arkansas
Maumelle, Arkansas
Maumelle is a city in Pulaski County, Arkansas, United States and a suburb of Little Rock. Founded by Jess Odom with federal assistance from the Urban Growth and New Community Development Act, it is a master-planned community....
in 1988 in an attempt to have its prohibition against pit bulls overturned on the grounds that the ordinance was impermissibly vague, that it was unreasonable to ban pit bull-type dogs, and that the city's Board of Directors committed a breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
by passing a pit bull ordinance that it had previously agreed to forego; Mr. Holt also asked that the city pay compensatory damages, punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
, and his attorney's fees. The Pulaski County circuit court made a summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
dismissing the suit, and Mr. Holt appealed. In 1991, the Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...
affirmed the circuit court's decision, finding that the pit bull ordinance was not impermissibly vague, that the restrictions were reasonable, and that any agreement made by the city to limit its own legislative powers was null and void since the city's first duty was to protect the public interest.
Colorado
In Colorado Dog Fanciers, Inc. v. City and County of Denver, 820 P.2d 644, Colo., 1991, the Colorado Supreme Court
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:...
upheld a Denver
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
city ordinance that dog owners had complained was unconstitutional, along the following lines:
- the dog owners claimed the ordinance was fundamentally unfair and therefore violated their right to procedural due process by forcing them to meet the burden of proving their dog was not a pit bull; however, the higher court found the ordinance was not fundamentally unfair provided the city was required to prove that dogs were pit bulls by the civil standard of "preponderance of evidence" rather than the criminal standard of "beyond a reasonable doubt."
- the dog owners claimed the ordinance violated substantive due process by creating a legislative presumption that a pit bull owner knowingly and voluntarily possesses a pit bull, and because it allowed the use of non-scientific evidence (e.g., expert opinion) to prove a dog is a pit bull; however, the higher court determined the ordinance preserves substantive due process by providing dog owners with a constitutionally adequate post-impoundment hearing, and reversed the trial court's imposition of a pre-impoundment hearing; in addition, the city was not required to prove a dog was a pit bull with mathematical certainty, and could use expert opinion and non-scientific evidence to prove its case in court.
- the dog owners felt the city ordinance treated all pit bulls and substantially similar dogs as inherently dangerous and was, therefore, unconstitutionally overbroad; however, the higher court ruled that outside the limited area of fundamental constitutional rights such as, for example, first amendment rights of speech or association, a statute may not be attacked as overbroad.
- the dog owners felt the term "pit bull" was imprecise and, thus, unconstitutionally vague because the average dog owner is not afforded fair warning of the act prohibited by the ordinance; however, the higher court found the standards for determining whether a dog is a pit bull are readily accessible to dog owners, and because most dog owners are capable of determining the breed or phenotype of their dog, the trial court properly determined that the ordinance provides adequate notice to dog owners and is not unconstitutionally vague.
- 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.
- the ordinance is an abuse of the city's police power and constitutes an unconstitutional taking of private property; however, the higher court noted that, in Colorado, dogs are accorded qualified property status and are, thus, subject to the proper exercise of police power for the protection of the public's health, safety, and welfare.
In City & County of Denver v. State of Colorado, 04CV3756, Denver challenged a 2004 law passed by the Colorado General Assembly
Colorado General Assembly
The Colorado General Assembly is the state legislature of the State of Colorado.-Constitutional definition:The Colorado Constitution establishes a system of government based on the separation of powers doctrine with power divided among three "departments": executive, legislative and judicial...
that prohibited breed specific laws on the grounds that the state law violated the city's home rule authority in regard to animal control legislation. The Denver District Court Judge ruled in favor of Denver, finding that:
- the State failed to provide any new evidence to undermine the original 1990 trial court's decision regarding the differences between pit bulls and other dogs.
- the City had provided new evidence to provide additional support for the original 1990 trial court's decision.
- the 2000 CDC study on fatal dog bite attacks was irrelevant to the narrow issues identified in the 1990 trial court's decision
- the State of Colorado had failed to meet its burden of proof to establish beyond a reasonable doubt that no rational basis for Denver's pit bull ban existed
Florida
In State of Florida v. Peters, 534 So.2d 760 (Fla.App. 3 Dist. 1988), the Florida Third District Court of Appeal
Florida District Courts of Appeal
The Florida District Courts of Appeal are the intermediate appellate courts of the Florida state court system. There are five DCAs:*The First District Court of Appeal is headquartered in Tallahassee...
reviewed the City of North Miami
North Miami, Florida
North Miami is a suburban city located in northeast Miami-Dade County, Florida, United States, about north of Miami. The city lies on Biscayne Bay and hosts the Biscayne Bay Campus of Florida International University, and the North Miami campus of Johnson & Wales University...
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.
Kansas
In Hearn v. City of Overland Park, 772 P.2d 758 (Kan. 1989), the Supreme Court of Kansas
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals...
reviewed the ruling of a county court that overturned an ordinance of the City of Overland Park
Overland Park, Kansas
-Demographics:As of the census of 2000, there were 149,080 people, 59,703 households, and 39,702 families residing in the city. The population density was 2,627.0 people per square mile . There were 62,586 housing units at an average density of 1,102.9 per square mile...
regulating the ownership of pit bull dogs within the city limits, and held: (1) The ordinance is not unconstitutionally vague or overbroad; (2) the ordinance does not violate the due process rights of plaintiffs under the United States and Kansas Constitutions; (3) the ordinance does not violate the equal protection clauses of the United States and Kansas Constitutions; and (4) the district court did not err in dismissing the plaintiffs' claim for damages pursuant to 42 U.S.C. § 1983 (1982).
Kentucky
In Bess v. Bracken County Fiscal Court, 210 S.W.3d 177 (Ky.App.,2006), the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
reviewed a Bracken County
Bracken County, Kentucky
Bracken County is a county located in the U.S. state of Kentucky. It was formed in 1797. The population was 8,488 in the 2010 Census. Its county seat is Brooksville, Kentucky.-History:...
ordinance that banned pit bull terriers. The appellants (Mr. Bess and Mr. Poe) had sought a temporary injunction against the ordinance in the Bracken County Circuit Court. The Circuit Court dismissed the motion on the grounds that the police power of the fiscal court
Fiscal Court
The Fiscal Court, under the Kentucky Constitution of 1891, is the name given to the county legislature and governing body of each of the counties in Kentucky. Despite the name, it no longer has any responsibility for judicial proceedings....
allowed it to ban pit bull terriers and seize them without compensation. The appellants appealed on the grounds that
- (1) that the ordinance is inconsistent with KRS (Kentucky Revised StatutesKentucky Revised StatutesKentucky Revised Statutes is the name given to the body of laws which govern the Commonwealth of Kentucky, United States. They are created pursuant to the Kentucky Constitution and must conform to the limitations set out in the Constitutions of Kentucky and the United States...
) Chapter 258 and specifically with the definition of “vicious dog” contained in KRS 258.095; - (2) that it impermissibly allows the forfeiture of property without compensation;
- (3) that it denies dog owners procedural due process; and
- (4) that it impedes the right of nonresident owners of pit bull terriers to travel through Bracken County.
The Appeals court upheld the Bracken County ordinance, finding that
- (1) the breed-specific ordinance supplemented, rather than replaced or superseded, the definition of a "vicious dog" in the state statute;
- (2) the banning of pit bull terriers was permissible under the police power, and that property seized under the police power was not subject to compensation
- (3) dog owners had the right of appeal to the Circuit Court under the ordinance, so the right of due process was preserved; and
- (4) the ordinance did not discriminate against non-resident pit bull owners, and that the appellants had not provided any evidence that traveling with a pet “occupies a position fundamental to the concept of a federal union.”
Massachusetts
In American Dog Owners Ass'n, Inc. v. City of Lynn, 404 Mass. 73, 533 N.E.2d 642 (Mass.,1989), the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
reviewed a series of ordinances enacted by Lynn, Massachusetts
Lynn, Massachusetts
Lynn is a city in Essex County, Massachusetts, United States. The population was 89,050 at the 2000 census. An old industrial center, Lynn is home to Lynn Beach and Lynn Heritage State Park and is about north of downtown Boston.-17th century:...
targeting dogs variously referred to as "American Staffordshire Terrier[s], a/k/a American Pit Bull Terrier[s] or Bull Terrier[s]" (July 1985); "American Staffordshire, Staffordshire Pit Bull Terrier or Bull Terrier, hereinafter referred to as 'Pit Bulls'" (June 1986); and "“American Staffordshire, Staffordshire Pit Bull Terrier, Bull Terrier or any mixture thereof" (September 1986).
The Supreme Judicial Court determined that the issue was technically moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
since each of the ordinances in question had been repealed by passage of a subsequent "pit bull" ordinance in June 1987; however, the court specifically observed (but did not rule) that the 1987 ordinance relied on the "common understanding and usage" of the names of the breeds in question, and warned that
the Lynn Pit Bull ban ordinance depends for enforcement on the subjective understanding of dog officers of the appearance of an ill-defined “breed,” leaves dog owners to guess at what conduct or dog “look” is prohibited, and requires “proof” of a dog's “type” which, unless the dog is registered, may be impossible to furnish. 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.”
As a result of this case, breed-specific legislation in the United States often relies on the published standards of the American Kennel Club
American Kennel Club
The American Kennel Club is a registry of purebred dog pedigrees in the United States. Beyond maintaining its pedigree registry, this kennel club also promotes and sanctions events for purebred dogs, including the Westminster Kennel Club Dog Show, an annual event which predates the official...
and United Kennel Club
United Kennel Club
The United Kennel Club is the second oldest all-breed registry of purebred dog pedigrees in the United States and the second largest in the world. According to the website, the club records 250,000 registrations annually. The UKC is not part of the International Canine Organisation, Fédération...
to clearly identify the characteristics of dogs subject to regulation as "pit bulls."
New Mexico
In Garcia v. Village of Tijeras, 767 P.2d 355 (1988), the New Mexico Court of Appeals
New Mexico Court of Appeals
The New Mexico Court of Appeals is the intermediate-level appellate court for the state of New Mexico.-Jurisdiction:The court has general appellate jurisdiction over the state district courts and certain state agencies...
reviewed an ordinance of the Village of Tijeras
Tijeras, New Mexico
Tijeras is a village in Bernalillo County, New Mexico, United States. The population was 474 at the 2000 census. It is part of the Albuquerque Metropolitan Statistical Area.-Geography:...
that banned the ownership or possession of a breed of dog “known as American Pit Bull Terrier”; any dog found in violation of the ordinance after a court hearing would be euthanized. The court held against each of the defendants' claims and upheld the ordinance on the following grounds:
- 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." The law was therefore not vague since the defendants knew the ordinance applied to them.
- The defendants claimed the ordinance was not rationally related to the purpose of preventing pit bull attacks because environment and training are more important than genetics in determining how a dog acts; however, the court held there was substantial, credible evidence of breed-specific issues that the Village's actions were warranted.
- The defendants claimed that the ordinance violated equal protection rights because it singled out the owners of pit bulls; however, the court ruled that there was substantial, credible evidence that pit bulls posed a special threat to the people of Tijeras and that there were no grounds to overturn the ordinance.
- 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 defendants claimed the ordinance would deprive them of property without compensation; however, the court ruled that well-established precedent did not require compensation for property seized under a city's police powers.
Ohio
In Toledo v. Tellings – Reversed – 871 N.E.2d 1152 (Ohio, 2007), the Ohio Sixth District Court of Appeal struck down a portion of the Toledo
Toledo, Ohio
Toledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
municipal code that limited people to owning only one pit bull. The law relied on a state definition of a vicious dog as one that has bitten or killed a human, has killed another dog, or "belongs to a breed that is commonly known as a Pit Bull dog." 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. 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."
The Supreme Court of Ohio
Supreme Court of Ohio
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms...
reversed the Court of Appeal (Toledo v. Tellings, 114 Ohio St.3d 278, 2007-Ohio-3724), and reinstated the Toledo ordinance for the following reasons:
- {¶ 30} The court of appeals found R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 unconstitutional with respect to procedural due process, substantive due process, and equal protection, and under the void-for-vagueness doctrine. We disagree.
- {¶ 31} First, the court of appeals declared that the laws violated procedural due process pursuant to State v. Cowan, 103 Ohio St.3d 144, 2004-Ohio-4777, 814 N.E.2d 846. In Cowan, a Portage County deputy dog warden determined two dogs to be vicious following a complaint that the dogs had attacked a woman. Id. at ¶ 1. The dogs were determined to be vicious because of the alleged attack, not because they were pit bulls. We held that when a dog is determined to be “vicious” under R.C. 955.11(A)(4)(a), procedural due process requires that the owner have notice and an opportunity to be heard before the owner is charged with a crime. Id. at ¶ 13.
- {¶ 32} In Cowan, the dogs were determined to be vicious under the first two subsections of R.C. 955.11(A)(4)(a) because they had caused injury to a person. Thus, the case concerned the dog warden’s unilateral classification of the dogs as vicious. However, in this case, the “vicious dogs” at issue are those classified as pit bulls under the third subsection of R.C. 955.11(A)(4)(a). Unlike the situation in Cowan, the General Assembly has classified pit bulls generally as vicious; there is no concern about unilateral administrative decision-making on a case-by-case basis. The clear statutory language alerts all owners of pit bulls that failure to abide by the laws related to vicious dogs and pit bulls is a crime. Therefore, the laws do not violate the rights of pit bull owners to procedural due process.
- {¶ 33} Second, R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 are not unconstitutional for violating substantive due process or equal protection rights. Laws limiting rights, other than fundamental rights, are constitutional with respect to substantive due process and equal protection if the laws are rationally related to a legitimate goal of government. See State v. Thompkins (1996), 75 Ohio St.3d 558, 560–561, 664 N.E.2d 926. As we discussed previously when evaluating whether the statutes and ordinance in question are valid exercises of state and city police power, R.C. 955.11 and 955.22 January Term, 2007 and Toledo Municipal Code 505.14 are rationally related to a legitimate government interest.
- {¶ 34} Finally, the court of appeals erred in holding that R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 are void for vagueness. This court has previously held that the term “pit bull” is not unconstitutionally void for vagueness. In State v. Anderson, we stated: “In sum, we believe that the physical and behavioral traits of pit bulls together with the commonly available knowledge of dog breeds typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders are sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog.” 57 Ohio St.3d 168, 173, 566 N.E.2d 1224.
- {¶ 35} In conclusion, the state and the city of Toledo possess the constitutional authority to exercise police powers that are rationally related to a legitimate interest in public health, safety, morals, or general welfare. Here, evidence proves that pit bulls cause more damage than other dogs when they attack, cause more fatalities in Ohio than other dogs, and cause Toledo police officers to fire their weapons more often than people or other breeds of dogs cause them to fire their weapons. We hold that the state of Ohio and the city of Toledo have a legitimate interest in protecting citizens from the dangers associated with pit bulls, and that R.C. 955.11(A)(4)(a)(iii) and 955.22 and Toledo Municipal Code 505.14 are rationally related to that interest and are constitutional.
Mr. Tellings appealed the case to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which declined to hear the case.
Texas
In City of Richardson v. Responsible Dog Owners of Texas, 794 S.W.2d 17 (Tex. 1990), several people ("Responsible Dog Owners") sued the city of Richardson, Texas
Richardson, Texas
Richardson is a city in Dallas and Collin Counties in the U.S. state of Texas. As of the 2010 census, the city had a total population of 99,223. In 2011 the population was estimated to be 107,684. Richardson is an affluent inner suburb of Dallas and home of the Telecom Corridor with a high...
to prevent it from enforcing restrictions on pit bulls within its city limits on the grounds that the Texas state legislature had passed legislation preempting the a city's power to adopt an ordinance regulating the keeping of dogs. The trial court granted summary judgment in favor of the City, but the Texas Court of Appeals
Texas Courts of Appeals
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to...
reversed the trial court's decision (781 S.W.2d 667). The Supreme Court of Texas
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
reversed the Court of Appeals and upheld the original decision on the grounds that
Under article XI, section 5 of the Texas Constitution, home-rule cities have broad discretionary powers provided that no ordinance "shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State...." Thus, the mere fact that the legislature has enacted a law addressing a subject does not mean that the subject matter is completely preempted....Although there is a small area of overlap in the provisions of the narrow statute and the broader ordinance, we hold that it is not fatal.
Washington
In McQueen v. Kittitas County, 115 Wash. 672, 677 (1921), the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
established the broadly accepted precedent that cities have the power to regulate dogs, even to the point of banning specific breeds.
[D]ogs do not stand on the same plane as horses, cattle, sheep, and other domesticated animals...On the general question, it is the almost universal current of authority that dogs are a subject of the police power of the state, and their keeping subject to any kind of license or regulation, even to absolute prohibition...since dogs are a subject of the police power, we see no reason why the legislature may not make distinctions between breeds, sizes and the localities in which they may be kept. The object of the statute is protection. The purpose is to prevent injuries to persons and property by dogs. Any distinction founded upon reasons at least, is therefore valid..."
In American Dog Owners Ass'n v. City of Yakima, 777 P.2d 1046 (Wash.1989, en banc), the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
reviewed a pit bull ban in Yakima, Washington
Yakima, Washington
Yakima is an American city southeast of Mount Rainier National Park and the county seat of Yakima County, Washington, United States, and the eighth largest city by population in the state itself. As of the 2010 census, the city had a total population of 91,196 and a metropolitan population of...
. The dog owners asked a state court to prevent Yakima from enforcing its ban on pit bull dogs. The trial court issued a temporary injunction against the city and accepted motions for summary judgment from both the dog owners and the city. The court decided in favor of the city and lifted the injunction, whereupon the dog owners appealed to the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
on the grounds that the ordinance was vague because a person of ordinary intelligence could not tell what was prohibited, and that the trial court had improperly decided the summary judgment in favor of the city.
The Washington Supreme Court ruled that the ordinance was not unconstitutionally vague because it specified the dog breeds that together fit the definition of "pit bull", whereas an earlier case in Massachusetts, American Dog Owners Ass'n, Inc. v. Lynn, 404 Mass. 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.
Wisconsin
In Dog Federation of Wisconsin, Inc. v. City of South Milwaukee, 178 Wis.2d 353, 504 N.W.2d 375 (Wis.App.,1993), the Wisconsin Court of Appeals
Wisconsin Court of Appeals
The Wisconsin Court of Appeals is the intermediate appellate court in the state of Wisconsin, above the Wisconsin Circuit Courts but below the Wisconsin Supreme Court...
reviewed the appeal of a trial court decision upholding a pit bull ban in South Milwaukee, Wisconsin
South Milwaukee, Wisconsin
South Milwaukee is a city in Milwaukee County, Wisconsin, United States. The population was 21,256 at the 2000 census.-Geography:South Milwaukee is located at ....
. The Court of Appeals upheld the trial court on the following grounds:
- The dog owners claimed that the definition of “pit bull” in the ordinance was too vague in its description of a "pit bull"; however, the Court of Appeals found that the ordinance's reference to the breed descriptions of the American Kennel Club and United Kennel Club were enough to allow someone to know whether they owned a "pit bull" or not
- The dog owners claimed the pit bull ban ordinance was overbroad because it treated "all pit bulls as if they are inherently dangerous, and more prone to cause harm than other dogs as a matter of law"; however, the higher court found that the prohibition against "overbroad" ordinances protected only fundamental rights such as the freedom of speech, and that there was no fundamental right to own a particular breed of dog.
- The dog owners claimed the pit bull ban violated their right to equal protection since pit bulls were singled out for prohibition, for which there was “no scientific or empirical basis” and that dangerousness is a function of “environment, training, and upbringing.” The Court of Appeals found that the evidence of the unique danger posed by pit bull-type 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.
Worldwide
| Nation | Locality | Date | Type | Details |
|---|---|---|---|---|
| Australia Australia Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area... |
2010-09-02 | Banned for Importation | Dogo Argentino; Fila Brasileiro Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... ; Japanese Tosa; American Pit Bull Terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... or Pit Bull Terrier; Perro de Presa Canario Perro de Presa Canario The Perro de Presa Canario is a large Molosser-type dog breed originally bred for working livestock. The name of the breed is Spanish, means "Canarian blood hound," and is often shortened to "Presa Canario" or simply "Presa." The breed is also called Dogo Canario, mean Canarian... or Presa Canario; and advertising matter for these breeds. |
|
| Bermuda Bermuda Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida... |
July 21, 2003 | Banned | Importing or breeding of any "breed of dog that may be perceived as dangerous" is prohibited. Proscribed breeds include (among others) the pitbull terrier, staffordshire, several of the mastiff breeds, Australian Dingo, Akita, and crossbreeds thereof, as well as "any exotic or uncommon breed" at the government's discretion. | |
| Denmark Denmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... |
Banned | As of 1 July 2010, breeding, selling and importing of the following breeds is banned: American Pit Bull Terrier, Japanese Tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... , American Staffordshire Terrier, American Bulldog, Central Asian Shepherd Dog, Boerboel, Dogo Argentino, Kangal, Caucasian Shepherd Dog, Tornjak, Sarplaninac, Fila Brasileiro, South Russian Shepherd Dog and crossbreeds thereof. Currently existing dogs must be muzzled and leashed at all times in public. Same restrictions against mutts if the owner cannot prove that his/her dog is not a crossbreed. |
||
| Ecuador Ecuador Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border... |
March 2009 | Banned | Private ownership of pit bull-type dogs and Rottweilers is prohibited. | |
| France France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
April 30, 1999 | Restricted | Non-pure-breed animals resembling pit-bulls are to be spay/neutered | |
| Germany Germany Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate... |
February 2001 | Restricted | Importation of the pitbull terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... , American Staffordshire terrier American Staffordshire Terrier The American Staffordshire terrier is a medium-sized, short-coated American dog breed. In the early part of the twentieth century the breed gained social stature and was accepted by the American Kennel Club as the American Staffordshire Terrier in 1936... , Argentine Dogo Argentine Dogo The Dogo Argentino is a large, white, muscular dog that was developed in Argentina primarily for the purpose of big-game hunting, including wild boar and puma; the breeder, Antonio Nores Martinez, also wanted a dog that would exhibit steadfast bravery and willingly protect its human companion to... , Staffordshire bull terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... , or bull terrier Bull Terrier The Bull Terrier or English Bull Terrier is a breed of dog in the terrier family. They are known for their large, egg-shaped head, small triangular eyes, and "jaunty gait." Their temperament has been described as generally fun-loving, active and clownish... is prohibited in some states. |
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| Ireland, Republic of Republic of Ireland Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,... |
1998 | Restricted | The Control of Dogs Regulations 1998 place controls on 10 breeds of dogs, namely the American Pit Bull Terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... ; English Bull Terrier; Staffordshire Bull Terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... ; Bull Mastiff; Doberman Pinscher; German Shepherd (Alsatian); Rhodesian Ridgeback Rhodesian Ridgeback The Rhodesian Ridgeback is a dog breed developed in Southern Africa, where it was used to hunt Lions. This is most likely why this dog is known for its bravery... ; Rottweiler Rottweiler The Rottweiler is a medium to large size breed of domestic dog that originated in Rottweil, Germany. The dogs were known as "Rottweil butchers' dogs" because they were used to herd livestock and pull carts laden with butchered meat and other products to market... ; Japanese Akita; Japanese Tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... and to every dog of the type commonly known as a Ban Dog (or Bandog Bandog The term Bandog originated around 1250-1300 in Middle England, referring to a mastiff type dog that was bound by a chain during the daytime and was released at night to guard against intruders... ). The controls, which must be observed when the dog is in a public place, require that these dogs, or strains and crosses thereof, must be securely muzzled and kept on a strong short lead [only up to 2 metres long] by a person over 16 years of age who is capable of controlling them. Dogs that are not kept under control will be euthanized. |
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| Malta Malta Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in... |
February 17, 1998 | Restricted | The following breeds may not be imported into Malta: American Pitbull Terrier, Argentine Dogo Argentine Dogo The Dogo Argentino is a large, white, muscular dog that was developed in Argentina primarily for the purpose of big-game hunting, including wild boar and puma; the breeder, Antonio Nores Martinez, also wanted a dog that would exhibit steadfast bravery and willingly protect its human companion to... , Brazilian Fila Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... , or Japanese Tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... |
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| New Zealand New Zealand New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga... |
November 17, 2003 | Restricted | The following restrictions apply to dogs of these breeds: American Pit Bull Terrier, Dogo Argentino, Brazilian Fila Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... , or Japanese Tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :...
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| Norway Norway Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million... |
August 20, 2004 (First law against American Pit Bull Terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... came July 4, 1991) |
Forbidden | 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:
Dogs of these breeds that are kept legal, also have to be microchipped. |
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| Poland Poland Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north... |
1997 | Restricted | Owners can have pit bulls but must display clear warning signs and keep the dogs behind reinforced fencing. | |
| Portugal Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
Banned | The ban affects the Staffordshire Bull Terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... , Rottweiler Rottweiler The Rottweiler is a medium to large size breed of domestic dog that originated in Rottweil, Germany. The dogs were known as "Rottweil butchers' dogs" because they were used to herd livestock and pull carts laden with butchered meat and other products to market... , American Staffordshire Terrier American Staffordshire Terrier The American Staffordshire terrier is a medium-sized, short-coated American dog breed. In the early part of the twentieth century the breed gained social stature and was accepted by the American Kennel Club as the American Staffordshire Terrier in 1936... , Fila Brasileiro Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... , Dogo Argentino, Tosa Inu and Pit Bull Pit bull A Pit bull is any of several breeds of dog in the molosser breed group.Many jurisdictions that restrict pit bulls, including Ontario, Canada,, Miami, Florida, U.S... . |
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| Puerto Rico Puerto Rico Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an... |
July 23, 1998 | Banned | The introduction, import, possession, acquisition, breeding, purchase, sale and transfer in any form in the island of Puerto Rico, of the dogs known as “Pitbull Terriers”, or hybrids produced by cross-breeding with dogs of other breeds, is ... prohibited. The matter concerns the product of cross-breeding bulldogs and terriers. This product is defined as a breed of bull terriers which includes Staffordshire Bull Terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... s, Argentine Dogo Argentine Dogo The Dogo Argentino is a large, white, muscular dog that was developed in Argentina primarily for the purpose of big-game hunting, including wild boar and puma; the breeder, Antonio Nores Martinez, also wanted a dog that would exhibit steadfast bravery and willingly protect its human companion to... , American Staffordshire Terrier American Staffordshire Terrier The American Staffordshire terrier is a medium-sized, short-coated American dog breed. In the early part of the twentieth century the breed gained social stature and was accepted by the American Kennel Club as the American Staffordshire Terrier in 1936... s, American Pitbull Terriers American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... and crossbreeds of these and other terrier strains. Owners of existing pit bull-type dogs had until March 23, 1999 to register their dogs. |
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| Romania Romania Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea... |
April 26, 2002 | Restricted | The following restrictions apply:
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| Singapore Singapore Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the... |
June 4, 1991 | Restricted | The following breeds of dogs and their crosses are not allowed to be imported into Singapore – Pit Bull (which includes the American Pit Bull Terrier American Pit Bull Terrier The American Pit Bull Terrier is a medium-sized, solidly built, short haired dog whose early ancestors came from England and Ireland... also known as the American Pit Bull and Pit Bull Terrier, American Staffordshire Terrier American Staffordshire Terrier The American Staffordshire terrier is a medium-sized, short-coated American dog breed. In the early part of the twentieth century the breed gained social stature and was accepted by the American Kennel Club as the American Staffordshire Terrier in 1936... , Staffordshire Bull Terrier Staffordshire Bull Terrier The Staffordshire Bull Terrier is a medium-sized, short-coated, old-time breed of dog. It is an English dog, where it is the 5th most popular breed, and related to the bull terrier... , the American Bulldog American Bulldog The American Bulldog is a breed of working dog that was developed in the United States. There are generally considered to be three types of American bulldog: the Bully or Classic type , the Standard or Performance type , and the Hybrid type... , and crosses between them and with other breeds); Neapolitan Mastiff Neapolitan Mastiff The Neapolitan Mastiff, Italian Mastiff, is a large, ancient dog breed. This massive breed is often used as a guard and defender of family and property due to their protective instincts and their fearsome appearance.... , Tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... , Akita American Akita The Akita is a large spitz breed of dog originating from the mountainous northern regions of Japan. There are now two separate strains: American, a/k/a "Akita" or "American Akita"; and Japanese, aka "Akita Inu" or "Japanese Akita"... , Dogo Argentino, Boerboel Boerboel The Boerboel is a large, mastiff dog breed from South Africa, bred for the purpose of guarding the homestead. These dogs were often a first line of defense against predators and were valuable in tracking and holding down wounded game... , Fila Brasileiro Fila Brasileiro The Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog... and their crosses. Owners of these breeds of dogs already in Singapore must comply with the following requirements:
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| Spain Spain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... |
2002 | Restricted | A royal decree restricts several breeds, including the American Pit Bull Terrier, American Staffordshire Terrier, Argentine Dogo, Bull Terrier and Staffordshire Bull Terrier. | |
| Switzerland Switzerland Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition.... |
2011 | Varies by State; some states have adopted extensive BSL, others have no such legislation whatsoever. There is no BSL on the federal level; a federal bill that would have enacted it died in 2006. | ||
| Turkey Turkey Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe... |
2004 | Restricted | The breeding, buying, selling, exchanging and advertising of Pit Bulls, Japanese Tosa dogs, and other "wild animals" is banned. Pit bull owners must register and sterilize their dogs. | |
| Ukraine Ukraine Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia... |
1998 | Restricted | Dangerous breed list approved by Cabinet resolution from July 9, 2002, has over 80 breeds, including several varieties of Bull Terriers, Bulldogs, Livestock Guardian dogs, Boxer, Briar, Labrador Retriever, Welsh Terrier, German Shepherd and their mixes. Compliance requirements include mandatory insurance and micro chipping, walking on a short leash and muzzle in public places, other restrictions. Ukraine allows adapting local municipal laws to enforce further restrictions.
In Ukraine capital, Kiev, as per law adapted at 1998, the list of breeds forbidden for breeding and requiring mandatory sterilization, includes Akbash, APBT, Presca Canario, Kangal, Romanian Shepherd, Greek Shepherd, Alek Roshhin Doberman, Superdog and Superdog Mainkong mixes and 18 other recognized and unrecognized breeds. Besides mandatory spay, law requests muzzle, insurance, short leash, very high license fees and other measures. 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. |
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| United Kingdom United Kingdom The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages... |
August 12, 1991 | Banned | Dangerous Dogs Act 1991 Dangerous Dogs Act 1991 The Dangerous Dogs Act 1991 is an Act of the Parliament of the United Kingdom that was introduced in response to various incidents of serious injury or death resulting from attacks by aggressive and uncontrolled dogs, particularly on children... : Owning dogs of the types known as the pit bull terrier, Japanese tosa Tosa (dog) The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :... , Argentine Dogo Argentine Dogo The Dogo Argentino is a large, white, muscular dog that was developed in Argentina primarily for the purpose of big-game hunting, including wild boar and puma; the breeder, Antonio Nores Martinez, also wanted a dog that would exhibit steadfast bravery and willingly protect its human companion to... , or Fila Brasiliero is prohibited. No person shall—
Note: the Dangerous Dogs Act of 1991 does not apply in Northern Ireland; however, the same restrictions apply in Northern Ireland under the Dangerous Dogs (Northern Ireland) Order 1991. |
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| Venezuela Venezuela Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south... |
2014 | Banned | It will be illegal to import, breed, adopt, raise, or sell pit bull-type dogs starting December 31, 2014. |