Gadsden, AL : "Laws against vicious dogs to be enforced"

[Boutros]

Hello All,

Has been 2 yrs since last post. Me and Libby are doing great but we now have a specific concern related to local legislation. A recent dog mauling, by a pit bull, involving 2 children, has prompted the local police to beef up its enforcement of a law that is supposedly already on the books.

It has provisions relating to registration, enclosures, signs notifying the public of the vicious animal as well as 100,000 liability insurance. I do not have any details about the law, other than those mentioned in the news article and am unsure as to whether rotties are on the list automatically. But this has me greatly concerned, as i have a 6 yr old SSRR female who is an absolute sweetheart, that is loved by my 80+
year old neighbors, as well as my 4, 5 yr old nephews, and the 7, 9 yr old neighbors on the other side, and 1 of 2 cats we own! Libby stays inside at all times, except of course for walks, outside play, during which she is always on a leash or 25 ft run with my supervision.

Since you must set up an account at the gadsdentimes.com to view the article, i will include the article at the end of my post.

Anyone having any more specific info on this law, or comments/concerns related to the article; your input would be greatly appreciated. I also noticed that a member here, ARSalser is a law student/rot lover in AL, i would be especially interested an anything that you may know about this law and how to proceed in expressing my concerns/issues to the local city gov't in Gadsden.

Thank you all so much!
Boutros

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Published February 25. 2005 6:01AM

Laws against vicious dogs to be enforced

By Lisa Rogers
Times Staff Writer

An attack of an 8-year-old boy by a pit bull this month has prompted city officials to beef up enforcement of laws already on the books "We already have an ordinance and it's not being followed," Capt. Jeff Wright of the Gadsden Police Department said.

The law defines what types of dogs are considered vicious, the owner's responsibility for fencing requirements and liability insurance and the fines for violations.

Anyone who has a dog considered to be vicious is required to carry $100,000 in liability insurance, according to the law.

Proof of the insurance must be on file in the city clerk's office and only one resident has such proof on file as of Thursday, Wright said.

"We know there are many more vicious dogs out there," he said.

The Police Department, which oversees the city's animal control division, announced Thursday that the law will be enforced. And it needs the help of residents. "One of the problems we're having is we've got to know where these dogs are and we're asking for the public's help," said Sgt. Lonnie Russell, who oversees the city's animal control division.

The law requires a dog defined as vicious be confined indoors or confined in a securely enclosed and locked pen or structure with secure sides and top attached to the sides. "A dog chained to a stake in a fenced yard is not sufficient," Wright said.

The owner of the dog cannot permit the dog to go off the property unless it is caged or muzzled and on a leash.

Warning signs must be displayed in a prominent place on the property.

City officials already were looking into more enforcement, but the recent attack prompted them to move more quickly, said Sgt. Chris Haney, a juvenile detective investigating the Feb. 5 dog bite of Jonte Bishop. The child suffered numerous scratches and received 26 stitches, Haney said. During the investigation, Haney said it was discovered that children were playing and running near the fence where the dog was being kept. "We believe this is what triggered the dog to jump the fence and go after the child," Haney said.

Haney referred to a recent report that baby swings can trigger attacks by dogs.

"Even dogs which haven't ever attacked before can be provoked by that sudden movement," he said.

The dog involved in the Feb. 5 attack was expected to be euthanized Thursday after the dog's owner appeared in court, Russell said. He was cited for not housing a vicious dog properly. The man was ordered to pay a $250 fine and was sentenced to 30 days in jail, however the jail sentence was suspended, Russell said. The fine for a second offense within 12 months is $500. A person charged with a third offense as a habitual offender can only appear in court to determine the fine.

The dog was a pit bull breed and had been with the owner since the animal was a puppy, Haney said, noting it was in the fenced backyard, but that is not sufficient, according to the city law. The dog was up to date on its shots, he said. The owner was not ordered to have the dog euthanized, but voluntarily did so because he said he could not afford the insurance and fencing improvements needed to keep the dog, Haney said. Haney said officers are not against dogs, but they are concerned about the safety of others.

"It's our duty to protect the citizens, especially the children, and beginning (Thursday) we will take a very proactive approach toward enforcing the city ordinance concerning vicious dogs," Haney said. "The child in this incident did not receive any fatal injuries, to which we are very thankful. We are aware this incident could have been much worse."

Residents are asked to report vicious dogs by providing a name of the owner and the address of where the dog is located, Russell said. The caller will not be required to give his name, he said.

During the hours of 8 a.m. to 4 p.m. Monday through Friday, residents can call Russell at 549-4621 or the animal control office at 549-4508. The main Police Department number, 549-4500, can be called 24 hours a day.

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Definition of a vicious dog

Any dog with a known propensity, tendency or disposition to attack unprovoked or to cause injury to or otherwise threaten the safety of human beings or domestic animals.

Any dog which because of its size, physical nature or vicious propensity 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.

Any dog, which without provocation, attacks or bites or has attacked or bitten a human being or domestic animal.

Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Any pit bull terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull 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.

[RottieGirl86]

Originally Posted by Boutros

Definition of a vicious dog

Any dog with a known propensity, tendency or disposition to attack unprovoked or to cause injury to or otherwise threaten the safety of human beings or domestic animals.

Any dog which because of its size, physical nature or vicious propensity 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.

Any dog, which without provocation, attacks or bites or has attacked or bitten a human being or domestic animal.

Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Any pit bull terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull 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.

Is this a direct quote form the legistlation? Those 1st two items are very, very vague. I would call up my local kennel club to get clarification on it.

My late Duchess (pek/sheltie mix) met the first criteria when she was old and recovering from a mouth infection. IMHO, I think it's too vague.