Proposed law for Pendleton County, Kentucky

[nick teifke]

Here is a law proposed for Pendleton County in Kentucky. Please cross post. Your responses should be snail mailed to:

Judge Ex. Henry Bertram
Pendleton Co. Courthouse
Main Street
Falmouth, Kentucky 41040

You can also send an email to Clay and Hazel Clifford (he sits on the City Council and they publish their own newspaper - The Red Duck) and they will print some of the responses in their paper. Their mail addys are: ctclifford@fuse.net , hjclifford@fuse.net , redduck@fuse.net



SUGGESTIONS FOR ORDINANCE BANNING CERTAIN BREEDS OF DOGS

County wide ban on dangerous dogs which include ROTTWEILERS, PIT BULLS, and some MIX BREEDS. The Center for Disease Control considers the above to be among the highest risk of breeds most likely to bite. This information is based on a study done by The Center on dog bite incidents including the types of dogs most likely to bite.

Any of the above breeds in the county prior to adoption of this ordinance would have to be licensed and registered. All owners of dangerous dogs or Pit Bulls shall within 30 days of adoption of this ordinance be required to pay a $100.00 registration/ownership fee which must be renewed annually, and provide a current color photograph of the dog. Any of the above breeds would also have to be properly restrained. If you are found to have one of the above breeds without the proper restraint or registration a fine of $250.00 will be imposed. Animal will be forfeited if fine is not paid within 30 days of issuance of said fine.

If any of the above breeds are brought into the county after the adoption of this ordinance a fine of $350.00 will be imposed and the dog must be removed from the county. The Animal Control officer can issue all fines.

No person owning or harboring any of the above mentioned breeds shall within the county allow or permit such dog, whether licensed or not to be upon the public streets, public sidewalks, public parks, or any other PUBLIC PLACE within the county or upon any private property which is not fully enclosed by FENCE OR OTHER BARRIER, except when MUZZLED and held under leash by an able bodied person.

All of the above breeds can be identified by the breed name, except the Pit Bull. Defining Pit Bulls has proven to be a formidable legal hurdle because the Pit Bull is not a specific breed:

A The term Pit Bull Dog as used within this ordinance shall refer to any dog which exhibits those distinguishing characteristics which:

substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers, or
substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers.

B Copies of the standards of the American Kennel Club and the United Kennel Club referred to in paragraph (A) above, are on file with the County Judge and the Animal Control Officer of Pendleton County.

C technical deficiencies in the dogs conformance to the standards described in paragraph (B) shall not be construed to indicate that the subject dog is not a Pit Bull Dog under this ordinance.



When the dog is outside on the premises of the owner it must be confined at all times in a SECURELY FENCED AND LOCKED barricade designed so that the dog may not dig its way out. The barricade must be at least SIX FEET HIGH measuring from the ground with an ATTACHED TOP, and posted with a sign stating BEWARE OF DOG by both symbol and words, and constructed so that a CHILD CAN NOT PENETRATE THE BARRICADE WITH IT’S HAND.



Possession of a dangerous or vicious dog limited:

It shall be unlawful for any person to own or harbor more than (4) four dangerous dogs.

It shall be unlawful for any person to own or harbor more than (1) one vicious dog which is over the age of six months at one time. After (1) one attack the dog shall be on six-month probation.

After (2) two attacks within a (6) six-month period dog must be destroyed.

Require all owners of above-mentioned breeds to purchase a special and conspicuous form of identification such as a blaze orange collar. It will be the responsibility of the Animal Control Officer to enforce this law. That the owner immediately notify the Animal Warden in the event the dog is loose and unconfined, has attacked or injured a human being or another animal, has been sold or given to another person, or has died. That upon request, the owner make the dog available for inspection by the Animal Control Officer.

Require spay/neutering of currently owned dogs on this list.

“DANGEROUS DOG” as used in this ordinance means:

A any dog which because of its aggressive nature, training or characteristic behavior, is capable of inflicting serious physical harm or death to humans, and which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance

B any dog which when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property.

”VICIOUS DOG” as used in this ordinance means any dog with a propensity, tendency or disposition to attack unprovoked to cause injury to or otherwise threaten the safety of human beings or domestic animals; or any dog, which without provocation, attacks or bites, or has attacked or bitten a human being or domestic animal; or any dog owned or harbored primarily, or in part for the purpose of dog fighting or any dog trained for dog fighting, or any dog which has been found to be vicious by the Pendleton County Court in a trial or hearing upon a charge of harboring a vicious animal.

No person under the age of 18 years shall be permitted to own, harbor or handle any vicious or dangerous dogs.

Any person violating any rules will be fined not less than $50.00 nor more than $250.00 for each offense. In addition to any other penalties if a dog inflicts serious injury (serious injury needs to be determined and defined) on a person or domestic animal in an unprovoked attack, the dog shall be confiscated and humanely destroyed after a fourteen day quarantine period at the expense of the owner. It will be unlawful to entice a dog from the yard or enclosure of its owner or keeper, or to remove a muzzle or license tag from any dog without the consent of the owner.

All fines will be assessed separately for any rules broken per this ordinance.

Owner must maintain and provide evidence of liability insurance to the county. Proof of liability insurance in the amount of at least $100,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such dog. Such insurance shall name the county as co-insured solely for the purpose of notice of cancellation of the policy.

Upon adoption of this ordinance there will be a (1) one week period in which any unwanted dog band from Pendleton County may be turned into the shelter at no change to the owner.

[ March 21, 2001: Message edited by: nick teifke ]

[Troy]

I sent E mail and a letter.
We need to keep our voices heard and the breed free!!!

[cdbeez]

It continues to sicken me how the term vicious dog is thrown around. I am conviced that these people have never really known a Rottweiler. We cannot keep beating our heads against the rocks people, we have to do something more constructive, we have to have our voices heard.

[ March 22, 2001: Message edited by: cdbeez ]

[LORHEL]

I sent a e-mail also. Hope it helps.

[Troy]

I sent the initial post to the AKC and the American Dog Owners Association to see if they could help.
Let's bring in the big guns...