[ SHOWGSD-L ] More on Louisville KY proposed Ordinance
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 8 Mar 2006 00:44:30 -0500
A flawed animal control measure..."
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By Jennifer Jordan Hall
Special to The Courier-Journal
After two deadly pit bull attacks, the Louisville Metro Council has been
working to protect the public from dangerous dogs. To that end, all agree
that irresponsible pet owners must be held accountable. However, the
current legislative proposal, drafted by Metro Animal Services (MAS), is no
longer about dangerous dogs. Instead, it completely overhauls Louisville's
animal control laws. This proposal is too broad and complex, legally
problematic and unfairly punishes responsible pet owners.
For example, the proposal will prohibit individuals from giving their pet
away or putting it up for adoption if they are no longer able to properly
care for it (91.099). This will increase the euthanasia of pets who could
have found loving homes.
The proposal also prohibits female dogs with a litter under four months old
from having contact with anyone other than its owner (91.003). But, to
responsibly pick the appropriate dog for their family/lifestyle, buyers
should evaluate the behavior, breeding and character traits of the puppy's
parents. This proposal inhibits a buyer's ability to make these informed
decisions.
The proposal requires that dogs be "restrained" at all times. Your dog must
be on a leash, unless you have a fenced yard or similar enclosure (91.001).
In addition, this proposal requires that every such enclosure have a
"child-proof entrance." Those who have installed invisible fences for their
pets will not be able to use them if their dog (male or female) is
unaltered or considered a public nuisance.
This proposal requires mandatory reporting of all dog bites (91.038). The
consequences of this blanket reporting rule are devastating. A doctor must
report your own dog if it has unintentionally bitten you. Once a bite is
reported, your dog will be declared a "dangerous dog."
Further, the proposal attacks basic property rights. Your dog will be
considered a "potentially dangerous dog" if it chases or tries to bite an
illegal trespasser on your property. If your dog actually bites that illegal
trespasser, it will be declared a "dangerous dog" (91.112 (J)).
Even more problematic are the proposed changes in nuisance laws (91.001). A
nuisance can arise from "any act of an animal or its owner that irritates
[or] perturbs" a neighbor. Such a broad definition creates ludicrous
results. You will be held liable if you allow your cat to mew "in an
excessive fashion." Cats mew and dogs bark; they are animals. Such behavior
cannot be legislated out of existence and attempting to do so will only
serve to increase contentious, expensive litigation. The proposed penalties
for nuisances are stiff (91.110). After two violations, you must purchase a
public nuisance license and public nuisance sign for your property. Your
dog must be confined indoors at all times.
Further, you may not sell or give your pet away. Nor may you move or change
the location of the pet without authorization from MAS. Such restrictions
on your movement are unconstitutional.
The driving force behind these changes is MAS's desire to give animal
control officers broader enforcement powers. Animal control officers can go
onto private property, "canvass" any "dwelling unit" and seize a pet from
private property (91.012). If your dog is seized, it can be spayed and
neutered, or euthanized within five days. You will be responsible for all
accompanying medical costs and boarding fees.
The proposal also "seeks to generate more income from pet licensing fees
and fines," to help pay for a new dog pound facility and new animal control
transport vehicles (MAS has 13 transport units for five on-duty officers,
so it is unclear why they need more). But allowing animal control officers
to enter private property to seize animals is not a responsible way to
achieve this goal. According to MAS, only 15 percent of all pets are
licensed. Increasing license registrations is a much less invasive way to
raise needed funds.
Given the magnitude of the proposed changes, the Metro Council has wisely
created an advisory board to study the proposal further. Dangerous dogs
can't be eradicated by bad laws. Knowledgeable community participation will
help ensure that any changes to Louisville's animal control laws are
reasonable and protect the basic rights of pet owners and families, while
also ensuring the safety of the general public.
Jennifer Jordan Hall is a Louisville attorney.
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Here is the web site page to find out who your council
representative is if you reside in the Louisville Ky area:
_http://www.louisvilleky.gov/MetroCouncil/default.htm_
(http://www.louisvilleky.gov/MetroCouncil/default.htm)
Ginger Cleary
He that would make his own liberty secure, must guard even his enemy from
opposition; for if he violates this duty he establishes a precedent that
will reach himself. ~Thomas Paine
Rome, GA http://www.rihadin.com/
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