BSL coming soon to LA and California

[laurlitt]

Please read below and write (email!!!) the CA and Los Angeles officials of your disapproval of BSL.

If it can happen in Los Angeles it will happen everywhere! Save our breed from being banned!


CALIFORNIA LEGISLATIVE DEVELOPMENTS.....PLEASE CROSS POST!

LOS ANGELES SEEKS REPEAL OF CALIFORNIA BREED SPECIFIC PREEMPTION:


BACKGROUND: CITY DOCUMENTS; CITY COUNCIL AND MAYOR CONTACT INFO

"ATTACK ON AMERICA: With heavy heart in this difficult week, we must report the developments in the City of Los Angeles to sponsor legislation to repeal California's the breed specific preemption (details below) and remind readers to contact California Governor Gray Davis to request his veto of AB 161."

"While some things - particularly air travel for humans, let alone animals, may never be the same again and possible shifts in social mood may in now unknown ways influence public policy on our right to own specific breeds of animals, we still bear the responsibility to defend these rights. Without these individual rights, the many dogs we have seen in the media this week at work sniffing for explosives, searching in rubble or trailing suspects would not exist. Thus, we must stay informed."

"Californians have enjoyed a decade of freedom from the breed specific laws as a result of the courageous efforts of Los Angeles Attorney, Judith A. Brecka and others in successful trial court litigation that provided the leverage to achieve in the state dangerous dog law and a prohibition on any breed specific programs in the state. This provision is now contained in California Food And Agricultural Code Section 31683. "Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed."

"In Los Angeles, two City Council members, Nate Holden and Cindy Miscikowski are promoting a resolution to be adopted by resolution of the City Council.

The City's Legislative Analyst's office has made the following report. It is anticipated that the motion will be introduced on September 19. As we learned the hard way in Los Angeles, once a "motion" is passed, the ball is very hard to stop."

"INTERGOVERNMENTAL RELATIONS COMMITTEE, August 14, 2001

Subject: Breed-specific dog legislation
CLA RECOMMENDATION: Submits without recommendation proposal to sponsor legislation to repeal the California Food and Agricultural Code Section 31683 which prohibits local governments from regulating dogs in a manner that is specific as to breed, as recommended by Resolution (Holden Miscikowski)

SUMMARY:
Resolution (Holden - Miscikowski) recommends that the City SPONSOR legislation to repeal California Food and Agricultural Code Section 31683 which prohibits local governments from regulating dogs in a manner that is specific to breed.

The desire to regulate specific breeds of dogs, at the City level, may have been prompted by the recent attack of a 31-year old San Francisco woman by a Mastiff-Presa Canario mix. The woman had been standing by the door of her apartment when the owner of the Presa Canario mix lost control,, and the woman was viciously attacked and killed. The owners of the Presa Canario could face manslaughter charges under state law, if the dog is found to have been trained to fight, attack or kill.

In another incident, a 4-year old boy was mailed by his own Chow-Chow, after the boy hit him repeatedly with a broom. The boy suffered serious injuries to the head, shoulder and chest. The St. Petersburg Times, in Florida, reported that Chows are known to be aggressive and were involved in 11 fatal attacks on humans nationwide from 1979 to 1998.

According to Animal Control Officers in the City of Palo Alto, there are approximately 20 incidents of dog attacks per year in the United States that result in fatalities. The Palo Alto
Weekly reports that dog attacks when compared to other accidental deaths are extremely rare. For example, every year, on average, 63 people are killed by lightning, 45 are killed by hornets, wasp or bee stings, 330 dies in the bathtub, 3,200 choke to death and 43,000 people are killed in automobile accidents.
Currently California Food and Agricultural Code Section 31683 prohibits local governments from regulating dogs in a manner that is specific as to breed. However, the same provision permits local jurisdictions to adopt or enforce their own program for the control of potentially dangerous or vicious dogs…While the law recognizes the potential for dangerous dogs to attack, it also recognizes that the potential for attack is not based on the breed of the dog but rather on the environment in which it was raised, or behavior in which it was trained.

This Office does not submit a recommendation at this time due to the potential inefficiency of having breed-specific legislation.. For example, one of the challenges would be to specifically define each breed, and determine how mixed breeds would be effected by such legislation.

In the event that specific breed legislation was enacted, the public would have to be given notification that certain dogs have been prohibited and that they must take the proper steps to abide by the law. Aside from informing the public of new laws, the public would also have to be educated as the type of dog they own. Many people may ignore the breed or lineage of their dog.

Also, in order to enforce this policy, law enforcement officers would have to be trained to distinguish and determine whether dogs are regulated or not. Many dog breeds highly resemble each other, thus posing a problem for law enforcement. This problem would be much greater for mixed breeds. Even dog experts, at times have problems distinguishing one dog from another. Regulating dogs by breed may not be the most practical way to protect the public from the various possible risks of dog attacks.

DEPARTMENTAL RESPONSE
The Department of Animal Services, does not have a position on this issue at this time. However, the Board of Animal Regulation has asked the Department to study the issue of regulating "pitbull" terriers. This matter has been scheduled for public hearing in January of 2002.

CONCLUSION
The CLA submits this report without recommendation because there are various potential impacts on the City which can not be fully ascertained at this time.
Further research is needed on the feasibility of local implementation, the fiscal impact, and local enforcement of such law.

Felipe V. Chavez
Legislative Analyst

Approved by Ronald F. Deaton, Chief Legislative Analyst

Attached Resolution:
RESOLUTION
WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations, or policies proposed to or pending before a local, state or federal government body or agency must have first been adopted in the form of Resolution by the City Council with the concurrence of the Mayor; and WHEREAS, California Food and Agricultural Code Section 31683 prohibits local governments from regulating dogs in a manner that is specific as to breed; and WHEREAS, the residents of the City of Los Angeles are exposed to the risk of attack and severe bodily injury from certain breeds of dogs; and WHEREAS, dogs of specific breeds are responsible for the majority of the unprovoked, violent attacks on Los Angeles City residents; and WHEREAS, dogs of specific breeds are responsible for a steadily increasing number of vicious attacks on neighborhood pets;

NOW, THEREFORE, BE IT RESOLVES, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles, SPONSOR and/or SUPPORTS legislation to repeal a provision of Section 31683 California Food and Agricultural Code, which prohibits local governments from regulating dogs in a manner that is specific as to breed.

PRESENTED BY;
SECONDED BY:"

15 LOS ANGELES CITY COUNCIL DISTRICTS. NO FAXES AVAILABLE AT THIS TIME.

DISTRICT 1 - Ed Reyes
City Hall Office (213)-485-3451
200 N. Spring Street, Rm 410
Los Angeles, CA 90012
reyes@council.lacity.org

District 2 - Joel Wachs
City Hall Office (213)-485-3391
200 N. Spring Street, Rm 480
Los Angeles, CA 90012
wachs@council.lacity.org

District 3 - Dennis P. Zine
City Hall Office (213)-485-3486
200 N. Spring Street, Rm 405
Los Angeles, CA 90012
zine@council.lacity.org

District 4 - DECEASED MEMBER, John Ferraro. To be filled by Special
Election.
Constituent services provided by office staff. City Hall Office
(213)-485-3337
200 N. Spring Street, Rm 430
Los Angeles, CA 90012
cd4groupwise@council.lacity.org

District 5 - Jack Weiss
City hall Office (213)-485-5013
200 N. Spring Street, Rm 440
Los Angeles, CA 90012
weiss@council.lacity.org

District 6 - Ruth Galanter
City Hall Office (213)-485-3357
200 N. Spring Street, Rm 475
Los Angeles, CA 90012
galanter@council.lacity.org

District 7 - Alex Padilla
City Hall Office (213)-847-7777
200 N. Spring Street, Rm 465
Los Angeles, CA 90012
padilla@council.lacity.org

District 8 -Mark Ridley-Thomas Pres pro tem
City Hall Office (213)-485-3331
200 N. Spring Street, Rm 450
Los Angeles, CA 90012

thomas@council.lacity.org
200 North Main Street, Room 501
Los Angeles, CA 90012
213-485-3331 (Phone)
213-485-7683 (Fax)

District 9 - Jan Perry
City Hall Office (213)-485-3351
200 N. Spring Street, Rm 420
Los Angeles, CA 90012
perry@council.lacity.org

District 10 -Nate Holden
City Hall Offices (213)-485-3323
200 N. Spring Street, Rm 455
Los Angeles, CA 90012
holden@council.lacity.org

District 11 - Cindy Miscikowski
City Hall Office (213)-485-3811
200 N. Spring Street, Rm 415
Los Angeles, CA 90012
miscikow@council.lacity.org

District 12 - Hal Bernson
City Hall Offices (213)-485-3343
200 N. Spring Street, Rm 460
Los Angeles, CA 90012
bernson@council.lacity.org

District 13 - Eric Garcetti
City Hall Offices (213)-485-3353
200 N. Spring Street, Rm 470
Los Angeles, CA 90012
garcetti@council.lacity.org

District 14 - Nick Pacheco
City Hall Offices (213)-485-3335
200 N. Spring Street, Rm 425
Los Angeles, CA 90012
pacheco@council.lacity.org

District 15 - Janice Hahn
City Hall Offices (213)-473-7015
200 N. Spring Street, Rm 435
Los Angeles, CA 90012
hahn@council.lacity.org
__________________________
James Hahn
Mayor, City of Los Angeles
200 North Spring Street
Los Angeles, CA 90012
213-978-0600 (Phone)
jhahn@mayor.lacity.org

[Vicki]

Might I also suggest you send along a picture of one of the Rottweilers doing rescue work? Do they really want to ban the dogs doing this heroic task? They say a picture is worth a thousand words, I hope in this case it proves to be true.