To Ban or Not to Ban Pit Bulls?

[Adina P]

How do you feel about Pit Bulls...while the topic has come up before, I wanted everyone to read this article by well known author, Malcolm Gladwell:

http://www.gladwell.com/2006/2006_02_06_a_pitbull.html

After reading his arguments...what do you think?

[Jacquie Yorke (DRC)]

Miami-Dade County Ordinance No. 89-22


ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, RELATING TO THE REGULATION OF “PIT BULL” DOGS AND OWNERS OF “PIT BULL” DOGS; PROVIDING LEGISLATIVE FINDINGS AND INTENT; PROVIDING DEFINITIONS; PROVIDING FOR CONFINEMENT OF PIT BULL DOGS; PROVIDING FOR FINANCIAL RESPONSIBILITY OF OWNERS OF PIT BULL DOGS; PROVIDING REGISTRATION, ENFORCEMENT, TIME OF COMPLIANCE AND PENALTIES; AMENDING CHAPTER 8CC OF THE CODE TO ADD CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE



WHEREAS, in recent months Dade County has experienced a tragic series of incidents in which citizens have been attacked and seriously injured by pit bull dogs; and

WHEREAS, concurrent with these attacks upon human beings, the community has also experienced an increasing number of animal killings resulting from pit bull attacks; and


WHEREAS, pit bull breeds were developed for the purpose of fighting dogs and other animals; and


WHEREAS, to increase its effectiveness as a fighter, certain pit bull traits have been selected and maximized by controlled breeding, including 1) a set of powerful jaws with an exceptional ability to grip, lock and tear when the dog bites; 2) a unique insensitivity to pain that causes pit bulls to be exceedingly tenacious in the attack; 3) an unusually aggressive temperament towards human beings and animals; and 4) an extraordinary directness in their method of attack that does not include the common warning signs such as barking or growling displayed by other breeds;


WHEREAS, for the above reasons, pit bull dogs present a danger to the health and welfare of the citizens of Dade County, different in degree and kind, from the dangers presented by other breeds of dog;


NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA:


Section 1. The aforementioned findings are hereby incorporated by reference and made a part hereof.


Section 2. Section 5-17 of the Code of Metropolitan Dade County, Florida shall read as follows:




Sec. 5-17. Legislative intent.

This article is intended to utilize the authority and powers of Miami-Dade County in order to secure for the citizens of this County the protection of their health, safety and welfare. It is intended to be applicable to dogs which are commonly referred to as "pit bulls" and which are defined herein. This article is designed to regulate these pit bull dogs and to ensure responsible handling by their owners through confinement, registration, and liability insurance. The unique history, nature and characteristics of pit bull dogs have been determined to require the special regulations and provisions contained within this article which the County Commission hereby finds reasonable and necessary.

Section 3. Section 5-17.1 of the Code of Metropolitan Dade County, Florida, shall read as follows:





Sec. 5-17.1. Definition and identification of a pit bull dog.


(a) The term "pit bull dog" as used within this article shall refer to any dog which exhibits those distinguishing characteristics which:

(1) Substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers; or

(2) Substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers.

(b) The Standards of the American Kennel Club and the United Kennel Club referred to in subsection (a) above, are attached hereto and incorporated herein by reference as "Exhibit A" and shall remain on file with the Animal Services Division of the Public Works Department of Miami-Dade County.

(c) Technical deficiencies in the dogs' conformance to the standards described in subsection (b) shall not be construed to indicate that the subject dog is not a "pit bull dog" under this article.

(d) Testimony by a veterinarian, zoologist, animal behaviorist, or animal control officer that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.


Section 4. Section 5-17.2 of the Code of Metropolitan Dade County, Florida, shall read as follows:






Sec. 5-17.2. Confinement of Pit Bull Dogs.


(a) Because of the pit bull dog's inbred propensity to attack other animals, and because of the danger posed to humans and animals alike by a pit bull dog when running loose or while running together in a pack, pit bull dogs must at all times be securely confined indoors, or confined in a securely and totally enclosed and locked pen, with either a top or with all four (4) sides at least six (6) feet high, and with a conspicuous sign displaying the words "Dangerous Dog."

(b) At any time that a pit bull dog is not confined as required in subsection (a) above, the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash with the owner or custodian in attendance. Provided, however, that no pit bull dog may be walked within fifty (50) feet of any public school ground nor enter onto such school ground.

(c) An exception to these confinement requirements is hereby provided for any pit bull dog in attendance at, and participating in, any lawful dog show, contest or exhibition sponsored by a dog club, association, society or similar organization.



(d) An exception to these confinement requirements is hereby provided for any pit bull dog when the dog is actually engaged in the sport of hunting in an authorized area and supervised by a competent person.


Section 5. Section 5-17.3 of the Code of Metropolitan Dade County, Florida, shall read as follows:




Sec. 5-17.3. Liability Insurance or Other Evidence of Financial Responsibility Required to be Maintained by Owner of Pit Bull Dogs.

In order to protect the public and to afford relief from the severe harm and injury which is likely to result from a pit bull dog attack, every owner of a pit bull dog shall maintain and be able to provide evidence of the owner's financial ability to respond in damages up to and including the amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or damage to property which may result from the ownership, keeping or maintenance of such dog. Proof of ability to respond in damages shall be given by filing with the Animal Control Office a certificate of insurance from an insurance company authorized to do business in the state, stating that the owner is and will be insured against liability for such damages; or by posting with the Animal Control Office a surety bond conditioned upon the payment of such damages during the period of such registration; or by posting a personal bond secured by a mortgage in real property or security interest in personal property; or a sworn statement of the owner of his/her financial ability to respond in damages up to and including the amount of three hundred thousand dollars ($300,000.00).


Section 6. Section 5-17.4 of the Code of Metropolitan Dade County, Florida, shall read as follows:




Sec. 5-17.4. Registration of pit bull dogs.


(a) Every owner of a pit bull dog in Miami-Dade County shall register the dog with the Animal Services Division of the Public Works Department of the County. The registration shall include the following: Name, address and telephone number of the dog's owner; the address where the dog is harbored, if different from the owner's address; a complete identification of the dog including the dog's sex, color and any other distinguishing physical characteristics; a color photograph of the dog; a description of the method of compliance with the confinement requirements; proof of the liability insurance or other evidence of financial responsibility required pursuant to this article; and a registration fee.


Section 7. Section 5-17.5 of the Code of Metropolitan Dade County, Florida, shall read as follows”

Sec. 5-17.5. Enforcement.
It shall be the duty and responsibility of all Miami-Dade County Animal Control Officers to enforce the provisions of this article.



Section 8. Section 5-17.6 of the Code of Metropolitan Dade County, Florida, shall read as follows:

Sec. 5-17.6. Time for compliance.


(a) All persons subject to this article shall have ninety (90) days from the effective date of this section [April 14, 1989] to comply with all confinement and registration and requirements. The provisions of Section 5-17.3, entitled "Liability Insurance or Other Evidence of Financial Responsibility Required to be Maintained by Owner of Pit Bull Dogs," shall be effective on January, 1, 1990.

(b) No pit bull dogs may be sold, purchased, obtained, brought into Miami-Dade County, or otherwise acquired by residents of Miami-Dade County anytime after the passage of ninety (90) days after the effective date of Ordinance Number 89-22. No such newly-acquired pit bull dogs may be kept, maintained, or otherwise harbored within Miami-Dade County, and each day any such newly-acquired pit bull is so kept, maintained, or harbored shall constitute a separate violation of this section.

(1) Violation of subsection (b) may result in the issuance of a civil violation notice, and

(2) Humane destruction of the pit bull dog by order of a court of competent jurisdiction. The County Manager or his designee may apply to the court for such order pursuant to this paragraph.

(c) Failure to register a pit bull dog as required by this article within the ninety-day grace period shall be prima facie evidence that the pit bull dog is a newly-acquired pit bull dog.


Section 9. Section 8CC-10 of the Code of Metropolitan Dade County, Florida, is amended as follows:




Sec. 8CC-10. Schedule of Civil Penalties.



Code Section Description of Civil
Violation Penalty

5-8 Failure to obtain 50.00 required license tag for dog
5-17.2 Failure to confine 500.00 pit bull dog

5-17.3 Failure of owner 500.00 of pit bull dog to maintain insurance or

other evidence of financial responsibility




5-17.4 Failure to register 500.00 pit bull dog
5-17.6 Acquisition or 500.00 keeping of Pit Bull Dogs


Section 11. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.


Section 12. Nothing in this article shall prevent municipalities for providing for more stringent regulation of pit bull dogs and pit bull dog owners.


Section 13. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.


Section 14. This ordinance shall become effective ten (10) days after the date of enactment.

[Denise & Hunter!!!]

Google "unprovoked pitt bull attacks". That should be reason enough to take a serious look at the issue. There isn't going to be an answer that will fit for every situation. However, given the "type" of people that are drawn to these dogs due to the media, status symbol, whatever they are in the wrong hands. There are soooo many breeds of dogs out there I can't understand why anyone would even want to take the chance. If there is a dog I think is a pitt bull I leave where I am at, its not worth it to me.

My husband is a policeman in an inner-city area and trust me on more than one occasion he has been endangered by someone's pitt bull and he has arrested many for dog fighting with pitt bulls and has seen many vicious dog attacks. I asked him how many people he arrested with other breeds of dogs in the same circumstances for the dog fighting- in 15 years his answer was "none". How many can he recall for the attacks - all but 2 were pitt bulls or a pitt bull mix - the other 2 were husky mixes and he said he can remember 13 off the top of his head. That is one cop in one inner-city area.

[Amanda and Quinn]

Ditto, ditto, ditto. I'm in an urban area and two pits just mauled several people in the apartment complex across the street from me. I'm so tired of hearing "it's not the dog, it's the owner." Quinn could have been raised by crack dealers and still would never attack anyone. Why take the risk? And honestly, I think the shelters around here are SO irresponsible about them. I get that the shelters are full of them and that's terrible - but I can't tell you how many first-time dog owners are sent home with "lab mix" puppies that now can't go into any of the dog parks without posing a risk to other dogs. There needs to be a more honest dialogue about these dogs. Take one home, and you run a serious risk of hurting at LEAST another dog, and possibly a person. You need to assume that you will not be able to exercise them in dog parks. My friend runs a dog rescue and probably 1 in 2 pits come back to the shelter because they've attacked another dog or bitten a person. That just does not happen with any other breed.

[Karen, Jasper and Jackdoodle]

I agree with what you're saying, but I guarantee you that if Quinn had been raised with fighting dogs, left intact, beaten with a board every day, had to fight other dogs for his food, and received kindness or praise only when he behaved in an aggressive manner, he very well might attack someone.
If you reward a dog for going potty outdoors, he learns to go potty outdoors. If you reward a dog for attacking, in fact if his very existence depends on attacking, he learns to attack.

[Amanda and Quinn]

I am the first to admit that I can’t be logical or unemotional about this topic because I’ve had SO many bad experiences with them. I didn’t care one way or another about pits until I had a dog - and if I lived in the country I’m sure I still wouldn’t care. My issue with them is that they are the only breed I’ve seen that does not seem to respect dog body language. A dominant Shepherd sees that Quinn is throwing off every submissive signal in the book, and they’re cool. Quinn ducks his head and avoids contact with pits - they’re the only breed he won’t play with - and STILL they’ve gone after him. I’ve thrown myself over him on more than one occasion. So I’m completely biased. Even now my blood pressure is rising!

Still, all that said, I don't think breed bans are the answer. I think staying out of dog parks and other common areas is the answer, really. If you want to take the risk in your own home because you love the breed, that's your right. I do believe that.

[Camilla and Darwin]

Is there some kind of way apartment complexes or even counties could require you to pass an obedience evaluation with your dog, by the time they are... say... one year old? That would be really inconvenient for everyone... and probably wouldn't pass. But I think it would go a long way towards stopping irresponsible dog owners.

[Karen, Jasper and Jackdoodle]

http://www.humanesociety.org/news/news/2010/01/pit_bull_graduation_...

[Karen, Jasper and Jackdoodle]

[Karen, Jasper and Jackdoodle]

[Karen, Jasper and Jackdoodle]

These HSUS programs are making a difference. Please support them in any way you can.

[Camilla and Darwin]

This is amazing!

[Karen, Jasper and Jackdoodle]

Don't you wish everyone could see it? It gives me goosebumps!