It creates a nearly "absolute liability," since no knowledge of vicious tendencies is required on the part of the dog's owner. Once again, pit bulls are the target of most bans or restrictions in. at 1534. Interestingly, the town of Abbotsford in the middle of the state restricts pit bulls and a few other breeds, but it only bans wolf hybrids. 52 Id. Kansas has the same number of cities with breed legislation as Ohio, but it grabs the No. Banning a breed or particular mix of breeds punishes those dogs that are reliable community citizens, therapy dogs, assistance dogs for handicapped owners, search and rescue dogs, drug-sniffing dogs, police dogs, etc., and drives them out of the community. However, if youve found out that your Great Dane is still restricted, there are absolutely some things you can do! For example, the OVDO encourages "vigorous [enforcement of] dangerous dog laws," such as the Michigan dog-bite law. 53 U. CIN. [Emphasis added.] If you encounter a situation in which you are attacked or bitten by someones untrained dog, you may be entitled to legal compensation. 15 See, e.g., the following: Pickney & Kennedy, Traumatic Deaths from Dog Attacks in the United States, 69 PEDIATRICS, Feb., 1982, at 193-194. . In addition to those with legislation, a vast majority cities (77) in Kansas have full bans. In order for landlords or property management companies to be covered under insurance policies, they have to abide by the insurance companys rules. 8, 2001, at http://www.contracostatimes.com/news/California/stories/doglaw_20010308.htm . 11, 2001, at http://enquirer.com/editions/2001/02/16/tem_clamping_down_on.html . Pit bulls originated in the United Kingdom as a result of breeding Old English Terriers and Old English Bulldogs, hence the name bull terrier. 7 Amyx v. Taber, 23 Cal. Although they have large figures, Great Danes are said to possess a particularly friendly and affectionate nature. Still, hes heard from neighbors across the board on the matter; some who have dogs and dont want these restrictions, some who have other kinds of pets and some who dont have a pet at all. The city's breed ban was overturned in favor of a conduct-based law, although all pit bulls in Ohio must still be registered with police, marked with tattoos and microchips, photographed, confined, and insured. . Increasing public education efforts is significant because it helps address the root cause of the problem --- irresponsible dog owners. 2 The regulation applied to several breeds, collectively identified as pit bulls. Cited in Marmer, supra at n. 62. 39 The Kansas Supreme Court affirmed the district court's findings that (1) the ordinance was not unconstitutionally vague or overbroad; (2) the ordinance did not violate the state or federal due process rights of the plaintiffs; and (3) the ordinance did not violate the plaintiffs' equal protection rights under the United States and Kansas Constitutions. To provide communities with the most effective dangerous dog control possible, laws must not be breed specific. This assumption should be taken with a grain of salt, as the situations behind bites vary and the history of the breed is heavily skewed toward aggressiveness, which may simply suggest a need for adequate human training. A state representative told committee members that in 1999, Broward County was the site of 115 pit bull dog bites. According to the article 14 Dog Breeds Restricted by Insurance Companies in Psychology Today, Great Danes are commonly restricted by insurance companies because of the risks and dangers they can pose to others. While some retained their fighting dog purposes (illegally), others were bred for hunting, herding, police work, therapy, and even companionship. With the newly announced host stepping down, could one of these celebs be stepping in? Unfortunately, not every pet owner will be responsible. 2 Id., at 1068. L. REV. Two of the most common entities that restrict Great Danes are landlords and property management companies. Such regulation is more likely to be supported. Folks living in Lexingtons McConnells Trace neighborhood in Kentucky received a disturbing, if not shocking, letter last week. hbspt.cta.load(4809477, '4588d728-3655-4056-9963-ca4a0584e5f2', {}); Roughly every decade or so, theres a new dog breed that is considered more dangerous than the others for various reasons. By regulating the behavior, state and local officials can be most effective in using their resources to keep their communities safe from truly "dangerous dogs," without infringing on the freedoms of dog owners whose animals are singled out solely because of an American Kennel Club designation. ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear "common understanding and usage" of the term "Pit Bull," is not sufficiently definite to meet due process requirements. In recent years, however, many state and local governments have adopted a new tactic for eliminating dog aggression. The attacks have occurred in a variety of situations: organized dog fighting, responses of dogs to mistreatment, dogs acting as attack or guard animals, or the unexpected, random neighborhood altercation. 59 Id., at 11/14. 24 Until more extensive statistical studies, using comprehensive counts of dogs and reliable breed identification, can be conducted, dog bite study results will not be certain enough to form the foundation for BSL, and even then the wisdom of BSL is suspect. Entire organizations have been formed solely to challenge BSL. Next: Six cities in this state wont let you own pit bulls. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog." By remaining proactive and dedicated to developing a strong bond between you and your dog, you can enjoy a wonderful relationship with your family pet. CODE 955.11(A)(4)(a)(iii). 35 Ohio, on the other hand, has specifically pointed to "pit bulls" as vicious dogs per se . Hearn v. City of Overland Park, 772 P.2d 758 (Kansas, 1989), American Dog Owners Ass'n, 728 F. Supp. Bring along your Great Danes current veterinary records to show that he is up to date on all vaccinations and shots. Remember, if you dont ask or take other actions, the answer may always be no. Why do insurance companies commonly restrict them? Proving that a particular dog falls within the ordinance usually requires expert testimony. Because there are literally thousands of these companies across the United States alone, your best bet here will be to check with other local owners to find a shortlist of Dane-friendly providers. 51 It also recognizes that proactive measures, such as education sessions which promote responsible dog ownership and provide safety information about dealing with strange dogs, can be more effective than sanctions after an attack. There are 72 cities in Iowa that ban that breed. 25 Ohio Valley Dog Owners, Inc., Breed Specific Legislation: Deeds, Not Breeds, at http://www.canismajor.com/orgs/ovdo/bs101.html . 38 Hearn v. City of Overland Park, 772 P.2d 758 (Kansas, 1989), cert den, 493 U.S. 976 (1989). 767.11(a). Statutes and Ordinances Breed Specific Legislation (BSL) is defined as a law or statute that equates the qualities of a dangerous dog with a certain breed, and bans or restricts certain breeds based on identity, not behavior of a specific animal. PEOPLE reached out to Anderson Properties for comment on the ban, but has yet to receive a response. Thirty-ones in Wisconsin have full bans on pit bulls. Communities that have instituted such bans often find that the irresponsible owners and the criminals who use dogs for illegal purposes simply switch to another breed. ch. 55 A bill proposed in California after a recent fatal mauling by two Presa Canario dogs does not focus on that breed in particular, but instead gives prosecutors power to press felony charges against "any person owning or having custody or control" of a dangerous dog, even if the person is not the dog's owner. Familiarize yourself with the most commonly blacklisted breeds before committing to a dog to make sure your insurance coverage remains intact. BSL should be replaced with behavior-based regulations and sanctions if communities wish to effectively control the potential for canine aggression and encourage owner responsibility. . Application of breed specific ordinances to mixed breed dogs presents both legal and practical difficulties. Although such bans might comfort individuals who have had unpleasant experiences with particular breeds or have heard of attacks by specific dog breeds in the media, the bans do not act to effectively regulate the behavior of any breed or of dogs and their owners collectively. In 1984, a New Mexico town completely banned pit bulls and allowed county officers to confiscate and euthanize the dogs. STAT., tit. 10 Id. 9, 2001, at http://www.chicagotribune.com/version1/article/0,1575,SAV-0103080024,00.html . 32 NORTH LITTLE ROCK MUN. The "pit bull" is a type of dog bred for fighting, not a specific breed. 29 Id., at 8-55(b)(2). (ii) An animal that bites or attacks a person who provokes or torments the animal. A number of cities have officially labeled the breed as dangerous, while others have severe restrictions. Stanley Coren, the author of 14 Dog Breeds Restricted by Insurance Companies found Great Danes mentioned on almost every single insurance company breed blacklist he researched. If you would like to opt out of browser push notifications, please refer to the following instructions specific to your device and browser: Dog Breeds Like Great Danes and Pit Bulls Are Now Banned in This Kentucky Neighborhood. . 31, (4) North Little Rock, Arkansas has restricted ownership of Rottweilers, Pit Bulls, or Bull Terriers or mixes thereof by implementing a breed-specific licensure fee of $500.00 - far more than license fees for other breeds. They say dogs are mans best friend. 6 See, e.g., Boehm v. Philadelphia, 59 Pa. Super. Passage of laws that are only enforced on complaint cause two problems: they create disrespect for the law if the authorities require compliance only upon complaint, and they provide ammunition for neighborhood feuds. Talk about your previous renting experiences and your past living situations and explain how your Great Dane behaved. But certain dog breeds have been stereotyped as dangerous, including pit bulls, bullmastiffs, Siberian huskies, Rottweilers, Doberman pinschers, and wolf hybrids. The Michigan Court of Appeals, in a January, 2001 decision, ruled in a dog bite case which involved an interpretation of the Michigan dog-bite statute, M.C.L. Another impetus for overturning breed bans has been cost. Josh McCurn, the neighborhood association president, told Lexingtons Herald-Reader they were not asked for a say in the language, nor were he and his neighbors allowed the opportunity to vote on the subject. This site has a LOT of information, so make sure to use the search feature at the top to help find the answers to your questions . 5 While this paper will focus on BSL as pertaining to dogs, it is important to note that similar laws have been applied to other animals. Meanwhile, Kosciusko and Philadelphia throw shade on Shar-Peis, a breed characterized by Dog Time as a good family pet. Kansas has the same number of cities with breed legislation as Ohio, but it grabs the No. makes it illegal to own pit bulls, German shepherds, Rottweilers, and a number of other dogs, as well as any dog who weighs over 100 pounds. Great Dane owners should always check their areas legislation and ordinances. You go through the process of choosing an area, researching all your housing options, going to showings, and putting in applications. LAWS 287.321(a). Dog control problems are people problems, and are not limited to a breed or mix. The report identified the following dog breeds as responsible for human fatalities during the study period from May, 1975 to April, 1980: German Shepherd (16); Husky (9); Saint Bernard (8); Bull Terrier (6), Great Dane (6); Malamute (5); Golden Retriever (3); Boxer (2); Dachshund (2); Doberman Pinscher (2); Collie (2); Rottweiler (1); Basenji (1); Chow-Chow (1); Labrador Retriever (1); Yorkshire Terrier (1); mixed and unknown breeds (15). 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