Court upholds ban on pit bulls, Ontario

Appeal court judges overturn lower court ruling, saying Ontario law is justified and not ‘arbitrary’
Source: TheStar, Oct 25, 2008 04:30 AM, by Tanya Talaga

Any dog that looks, wags and woofs like a pit bull is not welcome in Ontario, the province’s highest court has ruled.

The Ontario Court of Appeal yesterday upheld the province’s controversial 2005 ban on pit bulls, saying the dogs have a tendency to be unpredictable and even apparently docile pit bulls may attack without warning.

Yesterday’s decision overturns a 2007 lower court ruling that said Ontario’s definition of pit bulls was too vague because it did not refer to a specific type or breed of dog.

But the appeal court disagreed, restoring the law to the form in which it was enacted.

The three-judge panel said the province’s total ban on pit bulls is not “arbitrary” or “grossly disproportionate” and does not violate any constitutional rights.

“… Evidence of unpredictability provided the Legislature with a sufficient basis to conclude that the protection of public safety required no less drastic measures than a total ban on pit bulls,” they wrote.

Ontario Attorney-General Chris Bentley said he was pleased with the ruling and called on all those affected to be respectful of the law.

“We all love our pets,” Bentley said in an interview. “As a government we are bringing in legislation, in other circumstances, to ensure their safety. In this case we brought in legislation to protect the people of Ontario. We did it because the public demanded it.”

After a series of vicious pit bull attacks, the Ontario government amended the Dog Owners’ Liability Act to ban the breeding, sale and ownership of pit bulls. Dogs born before Nov. 26, 2005, are allowed to live, but they must be sterilized, and muzzled and leashed when in public places. Dogs born after that date must be destroyed.

The court says the ban applies to pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers, American pit bull terriers and any dog with a similar appearance or characteristics.

But that blanket definition means hundreds of dogs could now be at risk, said Jean-anne Moors, a dog owner who is part of the grassroots group that challenged the law.

“Who is to decide who is a pit bull? A pit bull is a mongrel and doesn’t exist as a breed,” she said. “It is a mixed breed dog with certain characteristics which people say are pit bull types.”

She said she has three Staffordshire bull terriers and all are “wonderful pets.” They are older and not under threat of destruction.

Moors said her group has spent nearly $500,000 in private donations from dog owner groups across Canada and the U.S. to challenge the ban. She fears many dogs will be killed because the definition of a pit bull appears open to interpretation. Technically, animal control officers who seize a dog they believe to be a pit bull can have it destroyed if the owner doesn’t try to stop it through a court action, she said.

Breed-specific legislation is discriminatory, believes the Toronto Humane Society. “We are disappointed in the court ruling,” said Ian McConachie, senior communicator with the society.

“A golden retriever could look like a pit bull. The legislation doesn’t define it clearly enough.”

Pit bull owner: Breed gets bad rap

Source: Times Daily By Bernie Delinski, Staff Writer , Published: Saturday, October 25, 2008 at 3:30 a.m.

Pit bull owner Whitney Fisher readily admits she initially had a fear of the breed.

“To be honest, I was not a pit bull fan,” said the Leighton woman, who received her dog, Hobbes, from her husband’s grandfather.

“I was one of those people who believed the negative stereotype.

But after owning one and seeing the kind of love they are capable of, I saw a completely different side of pit bulls.”

Today is National Pit Bull Awareness Day, an event established by organizations of pit bull fans across the country.

The purpose of the day is to educate the public about the breed and eliminate stereotypes.

“There’s a lot of myths about pit bulls and things they’re capable of,” Fisher said. “There’s no denying the fact that they were bred in early days to be somewhat aggressive.

“But you have to be an extremely responsible owner so you can correct those aggressive tendencies, She said.

Local and national animal control officials often find pit bulls in dog-fighting circles. The animal’s incredible strength and athletic abilities make them naturals for fighting.

“And they have a sheer determination to please their owner,” Fisher said. “If I wanted them to attack other dogs, that’s what they would do because they would think they were supposed to do that. In the dog’s mind, it’s being a good boy by obeying the owner.”

She said she is sickened by the sights of some owners who walk around with pit bulls that have spiked collars and anything else that makes them look tough.

Fisher has done a great deal of research on the breed and learned they aren’t a good breed to train as a guard dog because they have a natural friendliness toward people.

“I think my dogs would walk right out with a stranger and let him take them home, they’re so friendly,” she said.

Colbert County Animal Control Supervisor Kenny Price isn’t surprised to hear that. Just last week, he was called to catch a pit bull that was acting aggressively toward other dogs.

“When I went to catch it, it just rolled over and wanted its belly rubbed,” Price said. “Pits have been bred since the early 1550s to be human-submissive and animal-aggressive.”

He said if a pit bull is bred to fight, it’s as dangerous an animal as he’s seen. He has responded to calls involving pit bulls that chewed through a chain-link kennel because they were so determined to get out.

Price hates the reputation that some cruel owners and breeders have given the dog, and he even admits he wouldn’t recommend the breed to a family with small children because the dogs are so strong.

The key, Price said, is knowing what type of bloodline you’re getting when you get a pit bull.

“With certain breeds, it’s just in their genetics to be animal-aggressive,” he said.

Price said there are several myths out there, including one that a pit bull can lock its jaw once it latches on to something.

“A pit bull’s jaw muscles go to the center of its skull and that gives them more strength,” he said. “Their jaws do not lock.”

Todd Nix, director of community affairs for Florence and a former animal control official, also wouldn’t recommend the pets to families with young children.

Price and Nix agree the breed can be a good pet. The problem, however, is that they are so strong, an attack could be more serious than if a smaller dog is targeted.

And, Nix said, a dog is likely to go after the smallest member of a family.

He said the dog senses a hierarchy in a pack. If a dog stays with a family, the adults are among the leaders of the pack. So, if a dog wants to advance on the scale, it could look toward smaller family members, such as children.

“If a pit bull has been bred to want to go up in the ranks, you can’t tell him not to do that,” Nix said. “All the problems created by pit bulls today are human-caused problems.”

“An attack can happen with any dog,” said Nix, who oversees the city’s animal control office. “Here’s the main thing people need to remember: If it has teeth, it can bite.”

Nix said pit bulls can be some of the friendliest animals you’ll find around people. He cautions, though – with any breed – if a dog tends to growl and snap at an owner or any member of the family, it’s time to get rid of the dog. He said if a dog starts to turn, it typically takes place at around 3 to 7 years of age.

He said a key toward the breed’s reputation is to crackdown on dog-fighting rings. Nix said the pit bull is among the most stolen breeds of any dog. He fears that those dogs, no matter how docile, are being stolen to be trained to spar against other pits.

Fisher said that creates another piece of bad news for the breed.

“Pit bulls are one of the most euthanized because they are so hard to adopt due to their reputation,” she said.

She added, however, that they can be good pets. She noted that only one out of the 53 dogs that were confiscated in connection with the arrest of former professional football player Michael Vick was deemed too aggressive to adopt.

“It’s amazing what these dogs can do when trained,” Fisher said.

Nearly 100 Pit Bulls Killed After Dog Ban, AK

Source: Posted By: Ebone’ Mone’t, KTHV, Little Rock, AK

Hundreds of dogs are being put down throughout Central Arkansas, because of Vicious Dog bans.

Jacksonville says despite its law, it’s seen a surge in stray pit bulls. These dogs aren’t allowed in city limits unless they were grandfathered in by the deadline. Dog owners had until May of 2007 to register their pits.

Now if an unregistered dog is caught, owners have a few days to find it a new home outside the city or the pet could be killed.

Meet Rock, he’s about a year old. Being a pit in Jacksonville, he’s public enemy number one. His breed is banned.

Because Rock’s owners didn’t register him by last year’s deadline, the Jacksonville animal shelter says he has to find a new city to call home or be put to sleep.

People like Joy and William Harris and Mark Brown, who live in the area, have mixed opinions about the Vicious Dog Ordinance.

“I hate the idea of euthanizing any animal,” says Joy Harris.

“I think it’s a pretty good deal they are dangerous they really are,” says William Harris.

“I don’t think you should pass the same judgment on an entire breed of dogs based simply on their genetics I think that the primary responsibility is that of the dog owner,” says Brown.

The city’s shelter says every year it takes in about 2,500 strays,
500 are returned to owners, and 1,000 are adopted. Another 1,000 are killed.

As for pit bulls their chance for survival is less than other breeds.
Except in rare exceptions, the city ordinance restricts the shelter from putting pits up for adoption.

This year, the shelter has taken custody of 137 pit bulls. It says most were strays, and others were turned in by neighbors. Of those, 93 were put down.

Mayor Tommy Swaim says since the city has enforced the ordnance it’s seen the number of pit bull related dog bites cut in more than half.

“It’s sad for us to have to do that but the safety of the public particularly the small children is the main source of our concern,” says Swaim.

As for pits like Rock, the shelter says it’s seeing an increase of them without a legal place to call home. Jacksonville says before it passed its pit bull ban, they saw an influx of pit bulls because people were moving to town from other areas that already had bans in place.

Dog rescue groups that adopted eight pits from the Jacksonville animal shelter this year are now full and can’t take any more.

Mount Vernon considering ‘dangerous dog’ law, WA

By ROB PIERCY / KING 5 News

06:00 PM PDT on Wednesday, October 8, 200

MOUNT VERNON, Wash. – A few times a week you can find Bill Sauneuf at a Mount Vernon park, playing catch with his German Shepherd “Jester.”

Though Jester is well behaved, Sauneuf worries that changes in the city dog ordinance could force him to buy liability insurance.

“If the law required me to have one, I’d get one, but wouldn’t like it,” he said.

The city is looking at whether to require owners of “dangerous dogs,” dogs that have viciously attacked in the past, to carry $500,000 insurance policies. Owners of so-called “potentially dangerous dogs” would have to carry $250,000 policies.

“Any dog that would be menacing, threatening, chasing other people or other domestic animals, would be an example of behavior of a potentially dangerous dog,” said Jill Boudreau of the Mount Vernon Police Dept.

The city animal control officer is the one who makes the decision and often bases that decision on what witnesses say.

Sauneuf says that’s troublesome for people who own dogs like jester.

“He’s a big dog and somebody could easily be scared by him,” he said.

But Chuck Starkey, whose dog Teddy was nearly another dog’s lunch, thinks some owners should have large insurance policies.

“Just to protect the people who get attacked, because you know they’re going to need some help,” he said.

Saunuef says instead of insurance, a better requirement for dog owners would be education.

“Make them train their dogs, put them through classes and education, treat the problem, educate the dogs, educate the people about their dogs,” he said.

Insurance policies aren’t cheap. One of the best deals we could find online cost $900 a year for $250,000 worth of coverage.

The Mount Vernon City Council is holding a public hearing at 7 tonight on changes to the dog ordinance.

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