[ SHOWGSD-L ] TX BSL possibility

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Sat, 3 Feb 2007 20:46:30 -0500


Ginger Cleary - Rome, GA www.rihadin.com <http://www.rihadin.com>
"Laws against something 'that other guy' does will eventually get US because
we are all someone's 'other guy.' " Walt Hutchens,2007


-----Original Message-----


**Heads up Texas** According to Conroe City Attorney Marcus Winburry,
legislation is expected to be introduced this year to
change the state law prohibiting breed specific legislation.

Cheers,
Barb Bristol
Symmetry Danes
http://symmetrydanes.freeservers.com/

(Conroe, Texas)

Jan. 25, 2007, 2:45PM
Conroe to consider dangerous dog ordinance
Law would include those that attack domestic animals

http://www.chron.com/disp/story.mpl/nb/conroe/news/4499560.html

By BETH KUHLES
Chronicle Correspondent

In the wake of several dog attacks in the city, Conroe City Council
will consider drafting a dangerous dog ordinance 6:30 p.m. Feb. 8 at
City Hall.

"It is a state-of-the-art dog ordinance that most cities will look to
copy," said Mayor Tommy Metcalf. "There has been a number of
instances where dangerous dogs have attacked people in the
neighborhoods."

In addition to dangerous dog laws in effect in the state, Conroe
plans to expand protections within city limits. Owners of dangerous
dogs would be required to submit proof that the animal is spayed or
neutered, to microchip the dog for identification, to keep the dog on
a leash, to ensure that it is handled by a capable person 18 years or
older, and to keep it in a secure kennel.

Under state law, a dangerous dog is defined as one that makes an
unprovoked attack that either causes bodily injury or that a person
believes will attack and cause harm. The Conroe ordinance will take
it one step further and include dogs that attack other dogs or
domestic animals.

"I think it is good," said Mayor Pro Tem Jerry Streater. "We need to
do something, and it is probably an appropriate thing to do."

Concerned residents

The ordinance is in response to resident concerns following an attack
by two pit bulls in the Piney Point subdivision last year. The attack
sent two people to the hospital.

Because those dogs were not previously classified as dangerous, the
owner could only be charged with allowing animals to run at large and
failing to have the dogs vaccinated for rabies. The owner pleaded no
contest and paid fines totaling $440. The pit bulls were impounded
and subsequently destroyed.

Two residents of the Woodlands Road area asked Conroe City Council to
adopt an ordinance to combat owners who are letting their dogs out in
the neighborhood.

Patricia Powers said she was knocked to the ground in her own yard by
a loose Bichon Frise and suffered a cut to her eye. She said people
in the area routinely let their dogs run loose, especially on nights
and weekends when animal control is not working.

"I have to look both ways before I go out on the porch," Powers said.
"I have to see if there are any pit bulls before I go out in the yard."

Another neighbor complained about Rottweilers that are often spotted
unattended in the neighborhood, accosting his wife as she walked her
small dog.

Protection from harm

Conroe City Attorney Marcus Winberry said there are several
protections against dangerous dogs built into state laws. In addition
to defining a dangerous dog, owners are required to register their
animals, restrain them on leashes, keep them in secure enclosures and
provide insurance coverage of $100,000.

"Under state law, a dog doesn't have to bite someone to be considered
dangerous, but it has to make a threat," Winberry said.

Under state law, anyone can petition the municipal court to declare a
dog as dangerous. If the dog is found to be dangerous, the owner must
register it, or the animal can be impounded and destroyed. Criminal
and civil penalties can be imposed on the owner in the case of a bite
or bodily injury, including fines of up to $4,000, up to a year in
jail, or civil penalties up to $10,000.

Councilman Webb Melder asked if the city could prohibit certain
breeds, but Winberry said state law prohibits targeting breeds.
However, Winberry said, legislation is expected to be introduced this
year that may change that.

The proposed Conroe ordinance spells out the type of enclosures that
must be used in the city to secure dangerous dogs.

The kennel must be at least 8 feet high with a nine-gauge chain-link
fence. The kennel must have a roof that is secured to the walls to
prevent entry or exit. The floor has to be a concrete slab at least 4
inches thick, and the entry must include an automatic locking system.
The enclosure, which must include a doghouse, can be no less than 72
square feet.

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