[ SHOWGSD-L ] FW: Texas legislation

  • From: Michael and Linda Booker <legatogsd@xxxxxxxxxxx>
  • To: showgsd-l <showgsd-l@xxxxxxxxxxxxx>
  • Date: Wed, 19 Dec 2007 14:47:05 -0500

Late, but maybe still newsworthy....





Sent: Wednesday, December 12, 2007 1:24 AMSubject: Legislative Alert:TX: San 
Antonio Vicious Dog Ord.~Pleasehelp..Vote is 12/13!Please Cross PostTexas needs 
our help! San Antonio is considering one of the worst dogordinances and we need 
to send letters, faxes, emails and calls to stopthis insanity.This proposed 
ordinance calls for mandatory intact licensing fees andthe dangerous dog 
language would make any of our dogs guilty of beingvicious.Attorney Zandra 
Anderson has prepared talking points which are listedbelow along with contact 
information for the Mayor and Council.Even if you do not live in Texas, you can 
help, especially by statingthat your tourist dollars will go elsewhere if this 
ordinance is passed.We need to defeat this ordinance - if passed, it may travel 
to your town.Subject: San Antonio Vicious Dog Ordinance:STOP the Insanity! 
Pleasehelp..Vote is 12/13!San Antonio is considering one of the worst dog 
ordinances I have everseen. Below is the proposed language--read it very 
carefully and keep inmind that the definition of enclosure includes your house 
and fencedyard.PLEASE--fax, call & email (addresses & numbers below)! Talking 
pointsare provided below.This is a bad law and can set precedent for other 
cities. The vote isthis Thursday, 12/13/07, so you have two (2) days to really 
make yourvoice heard and this is when it COUNTS!You may Cross Post and Forward 
to anyone who might help with creditgiven. Thank you.Zandra 
Andersonwww.TexasDogLawyer.comSec. 5-147 Keeping of vicious animals.Any animal 
owned or kept shall be determined to be vicious if:(a) Because of its physical 
nature and vicious propensityit is capable of inflicting serious physical harm 
or death to humanbeings and would constitute a danger to human life or 
property; or(b) Without reasonable provocation habitually has behavedwithin the 
enclosure in which it was being kept in such a manner thatthe owner thereof 
knows or should reasonably know that the animal ispossessed of tendencies to 
attack or bite; or(c) It commits unprovoked acts while in the enclosure inwhich 
the animal was being kept and those acts cause a person toreasonable believe 
that the animal will attack and cause bodily injuryto that person or(d) An 
animal which acts in a highly aggressive mannerwhile in the enclosure in which 
the animal was being kept and appears toa reasonable person able to jump over 
or escape.Here are some talking points:" "Physical Nature," "Vicious 
Propensity," & "Serious PhysicalHarm" are NOT Defined. This ordinance addresses 
animals in general, butis really meant to go after dogs. What is a vicious 
propensity? All dogswill bark and all dogs will defend their owner and owner's 
property. So,any dog in the city from a Chihuahua to a Mastiff can declared 
viciousat the whim of whatever animal control decides it will be since 
theseterms are NOT defined." "Constitute a Danger to Human Life or Property" is 
NOT defined.Any dog can constitute a danger to human life because any dog can 
bite.A danger to property? Does this mean that if a dog gnaws something likea 
fence or door that it is a danger to property? If so, all dogs in SanAntonio 
are in trouble because there are NO definitions." This Ordinance is aimed at 
dogs that are in an enclosure whichincludes their own yard and house. So, are 
we now going to punish dogsfor barking at the fence? Or will it be a growl? 
Dogs historically haveprotected their owners and their owner's property. Are we 
now going todeclare them vicious for being what they are genetically meant to 
do?So, after the passing of this ordinance are all dogs supposed tosuddenly be 
ridded of their genetics and sit silently in their yard andhouse while 
trespassers and intruders come in? This ordinance is askingthe dogs of San 
Antonio not to be dogs. It makes no sense." This Ordinance punishes the very 
people who are trying to do theright thing and keep their dogs in an enclosure 
or in their house. Areyou now suggesting that owners chain their dogs or turn 
them loose inthe City?" This Ordinance punishes dogs for even thinking about 
protectingtheir owners and the owner's property. Keep in mind that the 
Ordinanceis punishing dogs without anything ever occurring but a bark or a 
growl.Are you punishing dogs for lusting in their hearts? For merely 
thinkingabout being protective? So is Animal Control now going to be the 
DoggyThought Patrol?" The fees that can be racked up during a vicious dog 
proceedingare charged against the owner regardless of the validity of the 
claim.This is a way to take away dogs without any valid claim because the 
feesare too expensive for the owner to pay." This Ordinance discriminates 
against those people who are leastable to pay to defend these claims or to get 
their dog out of animalcontrol due to impoundment fees." More dogs will 
needlessly be killed by this new ordinance. Thisordinance is like a Medieval 
witch hunt and will kill innocent dogs forsimply being a dog, and because their 
owners are unable to pay the feesto get them out of animal control." This law 
allows anyone to say they believe your dog will attackand then your dog is 
deemed vicious and seized EVEN THOUGH THE DOG WASIN YOUR OWN YARD OR HOME! This 
gives free reign to neighbor bullies tofile claims to rid the neighborhood of 
whatever dogs they don't wantaround. This law ushers in a great potential for 
unfairness." Most people would be very glad if animal control could keepstray 
dogs from running loose in the city. Now they are going to targetdogs in their 
own yards and houses? This makes no sense. With the littlefunding that animal 
control gets it makes a lot more sense to use thatmoney to keep the streets 
free of packs of stray dogs. Which do youthink pose a greater danger--dogs in 
their own yard or house OR a packof feral dogs running 
loose?=========================================================I have written a 
brief which was presented to every City Council memberand the Mayor at their 
meeting last week (presented by Pam--see below).You are welcome to a copy of 
it--just email me.Pam Hernandez has done a great job educating people and 
getting the wordout about this law. She got 30 people to attend the Council 
meeting on11/29, five on 12/6 and she is putting together a group to attend 
on12/13 (this Thursday @ 9:00 a.m.). Please, go if you can. Here is 
Pam'scontact info to coordinate with her:APBT4me@xxxxxxxxxxxxxx's make some 
noise because ALL dogs are at risk! It does not makeany difference where you 
live because these laws do 
travel!!!!!========================================================General Fax 
Number for City Council if individual number does not work(210) 207-7027Address 
for all:City of San AntonioPO Box 839966San Antonio, TX 78283Mayor Phil 
HardbergerPhone: (210) 207-7060; Fax: (210) 207-4168E-mail: 
mayorphilhardberger@xxxxxxxxxxxxxxxxxx Manager Sheryl SculleyPhone: (210) 
207-7080; Fax: (210) 207-4217E-mail: citymanager@xxxxxxxxxxxxxxxxxxxxxxxxxx 
Mary Alice CisnerosPhone: (210) 207-7279; Fax: (210) 207-6931E-mail: 
maryalice.cisneros@xxxxxxxxxxxxxxxxxxxxxxxxxx Sheila McNeilPhone: (210) 
207-7278; Fax: (210) 207-4496E-mail: district2@xxxxxxxxxxxxxxxxxxxxxxxx Roland 
GutierrezPhone: (210) 207-7064; Fax: (210) 534-1931E-mail: 
district3@xxxxxxxxxxxxxxxxxxxxxxxx Philip CortezPhone: (210) 207-7281; Fax: 
(210) 678-0099E-mail: district4@xxxxxxxxxxxxxxxxxxxxxxxxxx Lourdes GalvanPhone: 
(210) 207-7043; Fax: (210) 212-4860E-mail: vsalazar@xxxxxxxxxxxxxxxxxxxxxxxxxx 
Delicia HerreraPhone: (210) 207-7065; Fax: (210) 207-8760E-mail: 
district6@xxxxxxxxxxxxxxxxxxxxxxxx Justin RodriguezPhone: (210) 207-7044; Fax: 
(210) 207-7027E-mail: district7@xxxxxxxxxxxxxxxxxxxxxxxxxx Diane CibrianPhone: 
(210) 207-7086; Fax: (210) 949-0439E-mail: 
diane.cibrian@xxxxxxxxxxxxxxxxxxxxxxxx Kevin WolffPhone: (210) 207-7325; Fax: 
(210) 207-7027E-mail: kwolff@xxxxxxxxxxxxxxxxxxxxxxxx John ClampPhone: (210) 
207-7276; Fax: (210) 207-8777E-mail: john.clamp@xxxxxxxxxxxxxxxxxxxxx commands 
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