2012/07/25 Council Agenda Packet

control wardens adopt a community-policing/problem-solving approach when dealing with members of the public. The focus is on stiff fines and public education. The city encourages its wardens to get out of their trucks and talk with folks. If a dog bites a person, a$350 fine is imposed; if the person needs medical attention, the fine increases to $750. There is also a $250 fine for a dog- on-dog attack or if an owner fails to license their pooch. This is in stark contrast to cities that have enacted breed-discriminatory laws. Studies show that breed-discriminatory laws are ineffective in protecting the public from dog attacks. One study involves the U.K.'s Dangerous Dog Act, which banned pit bulls in 1991. The study concluded that the ban had no effect whatsoever on stopping dog attacks. The most recent study compared dog bites reported to the health department of Aragon, Spain, for five years before and five years after the introduction of its Dangerous Animals Act. As with the earlier study,there was no change in numbers of reported dog bites after the implementation of breed-discriminatory legislation, and the breeds most responsible for bites both before and after the breed-discriminatory legislation were those unrestricted by the legislation: German shepherds and mixed-breed dogs. The restricted breeds—American Staffordshire terriers, pit-bull terriers and Rottweilers—were responsible for less than 4 percent of the reported bites both before and after the law took effect. Eliminate Chaining Dogs, an Attractive Nuisance According to Delise, 25 percent of all fatal attacks since the 1960s have been inflicted by chained dogs. Chained dogs can actually be attractive nuisances, luring children in to pet them. Many cities and some states, including Texas, have adopted chaining restrictions. Texas Health and Safety Code, Chapter 821, prohibits dogs from being tied up, chained or tethered under any of the following conditions: • Between the hours of 10 p.m. and 6 a.m. • Within 500 feet of school property. • When the temperature is below 32 degrees. • When a heat advisory or ozone alert has been issued. • When a pinch, choke or improperly fitting nylon collar is used. Restricting chaining between the hours of 10 p.m. and 6 a.m. can have the added benefit of reducing the number of barking complaints. Protecting the Public While Preserving Responsible Owners' Property Rights Responsible dog owners should have the right to own whatever breed of dog they choose and reckless owners should be prohibited from owning dogs. It is up to public lawyers to ensure effective ordinances that protect people from any dangerous dog, regardless of its breed. Ledy VanKavage is an attorney with Best Friends Animal Society in Kanab, Utah. Formerly she was senior director of legislation and legal training, ASPCA. She also is vice-chair of the ABA Tort Trial&Insurance Practice Section's Animal Law Committee, and chair of the Dangerous Dog Subcommittee. She can be reached at" ," Endnotes 1. "Pit bull" is a term commonly used to refer to several breeds of dogs, including the bull terrier, American Staffordshire terrier(also called the American pit bull terrier)and Staffordshire bull terrier.