2012/07/25 Council Agenda Packet

bull-type dogs, and, increasingly, Rottweilers. In October, the village of Broadview, III, passed a breed-restrictive ordinance adding Doberman Pinscher to those two categories. According to Duffy, Broadview is not a home rule state, and is therefore bound by Illinois law that doesn't allow for breed-restrictive ordinances. He said that Broadview's passing the ordinance, therefore, may be in violation of Illinois law. Broadview is not unique, however. Duffy added that many communities disregard state laws when pursuing these ordinances, which could open the door for lawsuits if an owner's pet is treated unjustly. Duffy has been keeping a close watch on the kinds of breed that are being singled out. "Pit bull-type dogs, Bull Terrier, American Staffordshire Terrier, and Staffordshire Terrier are among other breeds being targeted of late," he said. "Rare and mixed breeds are also victims." According to Dr. Randall Lockwood, vice president of research and educational outreach for the Humane Society of the United States, "Constitutional and practical issues are raised in the enforcement of breed-specific ordinances because of difficulty inherent in determining breed with certainty." Data in a report published in the Sept 15, 2000 issue of the JAVMA indicate that breed- specific legislation is not the solution to dog bite prevention. The report revealed that, during the past 20 years, at least 25 breeds of dog have been involved in 238 human fatalities. Pit bull-type dogs and Rottweilers were identified as being involved in 66 and 39 fatalities, respectively, over that 20-year period; however, other purebreds and crossbreds caused the remainder of fatalities. Twenty-four percent of deaths involved dogs that were not restrained and were not on their owners' property, 58 percent of deaths involved dogs that were not restrained but were on their owners' property, 17 percent involved restrained dogs on their owners' property, and one percent involved a restrained dog off its owners' property. Dr. Gail C. Golab, co-author of the study and assistant director of the AVMA Education and Research Division, confirmed, "Breeds responsible for human fatalities have varied over time. Since 1975, dogs belonging to more than 30 breeds—including Dachshunds, Golden Retrievers, Labrador Retrievers, and a Yorkshire Terrier—have been responsible for fatal attacks on people." The authors of the study say that, although fatal human attacks may appear to be a breed-related problem, dogs of other breeds may bite and cause fatalities at higher rates. "A dog of any breed can become dangerous when bred or trained to be aggressive," Dr. Jeffrey Sacks, epidemiologist for the CDC, said. "Fatal attacks represent only a very small proportion of dog bite injuries and shouldn't be the primary factor driving public policy regarding dangerous dogs." Duffy said that when a breed is restricted in a community, or if certain breeds are put on the "bad dog" list, insurance rates for owners of those dogs become exorbitant. "It's really a kind of banning," he said, "because the liability rates imposed are so great that most people can't afford the insurance. In some places, you can't even get liability