Know your ordinances

[Liz]

This isn't exactly BSL, but the actions described are an offshoot of the kind of atmosphere BSL has created.

I rec'd a call from a person in Appleton, WI who had been told he must either euthanize his dog or place her outside of the city because of a bite incident. This was her first bite incident, the other dog (a chihuahua) was injured and required stitches but was not killed. The other dog was aggressive and its owner admitted it.

The "humane" officer told the owner of the rottweiler that he was required to euthanize her and he almost did. He had just left the vets when he called me. He actually took her in there and was going to do it when he broke down.

I immediately told him that I didn't know of any area in Wisconsin that required euthanization for a first bite incident and suggested he contact local government officials and a lawyer. He called animal control and the same officer admitted that while it was not required, it was "highly recommended" and that until he placed the dog (implying that THIS was required) he would need to put up "vicious dog" signs.

In the meantime I had checked the ordinances and he had contacted a lawyer. When we spoke yesterday it was clear that he needed to do nothing of the sort. The ordinances are very clear on what sort of action defines a dangerous dog and what an owners options are. He is appealing animal control's designation of dangerous dog and his neighbors *and* the owner of the chihuahua will be supporting him in this. I also advised him to file a complaint against the animal control officer involved.

Everyone who owns a rottweiler these days needs to be aware of what their local ordinances actually contain. We have animal control people pretending they have the right to search and seizure and now telling people to euthanize their dogs when the law does not require it

Liz

[JoJo]

We have animal control people pretending they have the right to search and seizure and now telling people to euthanize their dogs when the law does not require it

And because of this, this ACO should be prosecuted (sued up the yin-yang) to no end and made an example.

Very good point Liz. People need to be educated about their rights and not let the ignorant, bias, vicious dog frenzied people take control. It's like letting the inmates run the asylum!!

[mjfish]

That poor guy...what he must be going through all because of a stupid ACO! I would most definitely go after him and his job!!

What I don't understand is why was the Rottie reported in the first place? I know doctors are obligated to report when a dog bites a human, but this was just a dog bite, right?

At any rate, great reminder post!!

[CanineCoach]

I faced a similiar situation in the state of Texas and can tell you that you MUST seek out a lawyer who is familiar with dog bite law. They are few and far between. I found exactly four who specialized in dog bit law. Seems to be that would be an up and coming area for new attorneys! The ordinances are not well-written and leave lots of room for interpretation; most judges make the final decision and it is in their best interest to put the dog down. That way no one can come back after them for another incident. First thing to do is file for a jury trial. It's a pain in the butt, but you're only hope in a some places.

[freakygoldfish]

Either that was a very sturdy Chi or the Rottie showed a lot of restraint. I think it's ridiculous to euthanize an animal over one dog on dog bite. I could understand a full on attack or mauling. Were the dogs leashed or do you know? It sounds like, if one of the dogs needs to be PTS, it would be the Chihuahua. I've come close to being in that situation. For some reason, many Chi owners think they're above leash laws and training. I've had many charge and try to bite both Harley and myself. I always call AC anytime something like that happens b/c I want my version on record first.

[Liz]

The dogs were both on leash, the chihuahua's owner was very upset when it happened and reported it to AC. She now regrets that action.

Liz

[Geri]

I came over the border from the USA to Canada this week with my dogs and the border official tried to tell me that it is law in Ontario that rottweilers be Muzzled at all times while outdoors - when I asked him about it he said to him they are considered a "bully breed' and he shouldnt even be letting me over the border with them...

[jeebs12]

It's almost impossible for average dog owners to be aware of every law which affects their rights, but US residents should be wary of any person in authority, short of a judge, who tells them they must PTS or rehome a dog. While laws differ between states, no branch of government in any state can deprive you of your "property" without some sort of hearing.

[CanineCoach]

Great point, Jeebs! "Private property" is a pretty sacred right in most states and even judges (who have everthing to lose if something goes wrong) are hesitant to take away your "property". I guess that's the one good thing about our dogs being considered "property", though it goes against the grain.

[bliss7373]

Originally Posted by jeebs12

While laws differ between states, no branch of government in any state can deprive you of your "property" without some sort of hearing.

While this is very true (in principle), be aware that not every state, municipality, or local government follows this...mostly because it is rare for people to fight back to the extent of appealing or filing a lawsuit. It wasn't until a fairly recent Ohio Supreme Court decision on this issue that hearings because the regular practice in my area. I wish more people WOULD fight!

I faced a similiar situation in the state of Texas and can tell you that you MUST seek out a lawyer who is familiar with dog bite law. They are few and far between. I found exactly four who specialized in dog bit law. Seems to be that would be an up and coming area for new attorneys!

You would think so. But there just aren't many people willing to fight a legal battle for their dogs. In my area, the attorneys who specialize in dog bite law tend to represent the plaintiffs (the folks who have been bitten).

This is a great thread. Too many people do just assume that a person in authority is telling them the absolute truth or is correct about the status of the law. That just isn't true and I wish more people would fight back!

[CanineCoach]

Also, in those "hearings" you get a judge's decision. The judges in my jurisdiction are elected and they are not about to let a dog who may have been involved in a incident, off the hook. Just think if they did that and then the dog was involved in another incident. They would never be re-elected. You must petition for a jury trial. At least that way you have a fighting chance and people see that you are serious about your responsibility.

I fear what we see coming with BSL -- I'm just not sure it can be stopped.

[Jaegersmom]

Originally Posted by Geri

I came over the border from the USA to Canada this week with my dogs and the border official tried to tell me that it is law in Ontario that rottweilers be Muzzled at all times while outdoors - when I asked him about it he said to him they are considered a "bully breed' and he shouldnt even be letting me over the border with them...

That's insane. Rottweilers are not "bully breeds". That said, I heard through the grapevine about a woman with a large headed black lab being harassed. She had CKC papers on the dog, but from what I had heard if it had been an unpapered dog, it would of been removed.

I went to the CKC website to do a quick lookup on the Ontario Law...

Under the amendments to DOLA, pit bull is defined as:
* A Pit Bull Terrier;
* A Staffordshire Bull Terrier;
* An American Staffordshire Terrier;
* An American Pit Bull Terrier; or
* A member of a class of dogs that have an appearance and physical characteristics that are substantially similar to the four types of dogs that have been identified.

I think anyone with a glancing knowledge of dogs can tell a Pit Bull from a Rottweiler

[bliss7373]

Originally Posted by Jaegersmom

I think anyone with a glancing knowledge of dogs can tell a Pit Bull from a Rottweiler

Don't be so sure about that. Lots of folks with brindle dogs...whether they vaguely resemble a pit or not...have had trouble.

You'd hope for better education, I know......

[NikoJ]

Originally Posted by Jaegersmom

I think anyone with a glancing knowledge of dogs can tell a Pit Bull from a Rottweiler

While I was walking my pup, a Sheriff's Deputy stopped me and asked if Niko was a pit bull. I was baffled because I see no resemblance at all.

But on a positive note, I am glad he stopped and chatted as he patrols our area quite frequently and I was able to show him a few of Niko's obedience commands.

[harleychik66]

Originally Posted by Jaegersmom

I think anyone with a glancing knowledge of dogs can tell a Pit Bull from a Rottweiler

Oh you'd be suprised. One person when walking by Lou said pitty right? I said no rottweiler. Their response....oh well they are all in the mean dog category.

Now we were working on sit and Lou was doing an excellent sit although his nub was going 95 mph because he wanted to make a new friend.

I tried to explain, but they just kept on their merry way.