[ SHOWGSD-L ] Re: an acceptable dog-related ordinance
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 3 May 2006 09:37:01 -0400
Below my signature is a model of a set of laws devised by dog owners, for
dog owners. It can be used as suggestions, or it can be modified to suit
the local laws, any part or all of it can be a starting point to help reel
in irresponsible dog owners. Instead of putting dogs on a dangerous list,
the dog owner should be placed on probation for reckless endangerment to the
public. No dog will ever have the capacity to be attendant to any law that
is ever written. No dog will ever be cognizant of the breed(s) of which it
is made.
The licensing of dogs by city, county, and municipal governments has been in
effect for over one hundred years in the United States. It has not been a
successful method of controlling the irresponsible dog owner. The cost of
enforcement far out weighs the benefits in revenue. A more cost effective
method would be to make dogs personal property, and to tax them as such.
Making the dog personal property makes the dog owner strictly liable for
any harm, injury, or trespass done by the dog. It is time for the dog owner
to be made to be responsible by government.
Putting the public at risk should rate higher than an infraction. Loose
dogs are a very serious threat to the public safety. Even a nice dog that
is allowed to run at large can cause an auto accident, or knock down a child
or an elderly person causing injury. It should be at least a gross
misdemeanor for a dog owner to allow his/her dog to run at large. Behind
every dog stands it's owner. Dogs cannot operate independently of the
owners own measure of responsibility. Our research has shown that 83% of
all dog bites are to unattended children under the age of ten years. We
have found all too often, that when an unattended child meets up with a
dog, either at home, or at large the results are tragic. Both children,
and dogs exhibit behaviors that would not be expressed when there is a
responsible adult present.
When governments become embroiled in writing animal (dog) behavior into laws
that have been devised for controlling humans, and writing laws to control
that behavior, and to mete out punishments, and adding criminal labels for
those animals, they lose sight that it is the human dog owner who needs to
be controlled on an individual basis. It's far more important for
government to control human behavior. A dog will only do that which it's
owner allows, encourages, or trains it to do. Governments must not hold
animals to a set of standards that are more stringent than the standards
that we would hold a developmentally disabled person to.
Breed specific dog laws do not protect the public from dangerous dogs. They
do remove property rights in animals, and there are no stop gaps built in to
prevent the addition of any or all other breeds of dogs. Ordinances like
Denver's are so broadly written to be inclusive of all dogs, i.e,; "any dog
displaying the majority of physical traits of any of these breeds." All
dogs have the same physical traits. That is what makes them dogs. Breed
specific dog ordinances are the result of a hasty decision made upon the
heels of a dog attack. When a city, county, or state specifically
stipulates in legislation, or ordinance that a breed, or breeds of dogs are
dangerous, it indemnifies all of the breeds that are not named as being
safe, opening the enacting body to litigation by anyone who is bitten or
mauled by any breed not specifically named. Let's please, let reason
prevail, and look at the dog owner rather than the dog.
This is a fair, but firm set of laws that does not infringe upon anyone's
rights. It was developed by Responsible Dog Owner Groups from across the
country uniting to help governments promote responsible dog ownership for
the better good of all. Surely there is something in this model that your
city, county, or state can employ to make life safer for all of your
citizenry. Enacted and enforced this set of regulations will make a safer
community, county, or state.
Ginger Cleary, Rome, GA
Of all tyrannies, a tyranny exercised for the good of its victims may be the
most oppressive. C.S.Lewis
www.rihadin.com <http://www.rihadin.com>
My Ebay site
<http://members.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=ginny2003>
======================================================
MODEL DOG OWNER REGULATIONS
1. Dogs are Personal Property
(a) The (city) (county) (state) of _____________ recognizes that dogs are
personal property.
(b)No city, county or state authority shall restrict, or prohibit the
ownership of dogs by breed.
(c) No breed specific ordinances enacted in _________ shall stand.
(d) The (city) (county) (state) of _____________ recognizes the right of the
people to own any breed of dog in a responsible manner.
2. Containment and Care Regulations
(a) All dogs shall be contained to their owners property in either an escape
proof securely fenced yard, or enclosure, or on a securely fastened steel
cable run.
(b) Every precaution must be made to protect the public from dogs that are
not behind fenced enclosures. The assumption of liability is upon the dog
owner.
(c) All dogs shall be securely leashed, and controlled by an adult when off
of the owners property.
(d) No child under the age of sixteen (16) years shall be allowed to lead a
dog in public areas. This does not include Junior Showmanship competition
in the show ring at
a dog show. Any parent whose child under the age of sixteen years is found
in public unattended with a dog on, or off lead shall be charged with
reckless endangerment.
(e) No child under the age of ten (10) years shall be left unattended with
any dog.
(f) The owner shall provide his/her dog with shelter appropriate to the
climate, and a clean healthful environment in which to live.
(g) The owner shall provide shade from the sun, and cover from the
rain/snow.
(h) The owner shall provide his/her dog with food, and plentiful clean
drinking water daily.
(i) Owners of dogs found at large must produce immunization documentation to
authorities upon demand.
(j) Violations of statutes f, g, h, i, shall be considered cruelty to
animals the owner shall be charged fines, and or jail time commensurate with
the harm done to the animal. The Court may remove the animal from the
custody of the owner.
(k) The property of irresponsible dog owners shall be posted with warning
signs that state, "IRRESPONSIBLE ANIMAL OWNER" that are clearly visible on
all perimeters.
3. Dogs At Large
(a) Any owner who allows his/ her dog to run at large shall be fined one
hundred dollars ($100.00) for the first violation, the second violation two
hundred dollars ($200.00, the third violation four hundred dollars
($400.00) after which the dog shall be confiscated by the Animal Control
Authorities and, after evaluation of temperament by qualified personnel
either placed into a responsible home, or humanely euthanized as verified
by documentation.
(b) Nothing in this section shall pertain to owners hunting with dogs.
4. Strict Liability
(a) A dog owner will be held strictly liable for any harm, injury, fatality,
or trespass done by his/her dog when off of the owners property at large,
and out of the owners immediate control. This liability shall include
remuneration, fines, and or jail time depending upon the severity of the
damage done by the owners dog.
(b) A dog owner shall be charged with negligent homicide whose dog kills a
person when off the owners property, the dog shall be confiscated by the
authorities and humanely euthanized, except in the case that the dog is
protecting it's owner's life.
(c) A dog owner shall be charged with reckless endangerment whose dog
injures a person, or causes an accident while at large off the owners
property, or out of the immediate control of the owner. The dog shall be
removed from the owners custody, and be evaluated on temperament by
qualified personnel, and either be placed in a responsible home or humanely
euthanized.
(d) A dog owner shall be charged with aggravated nuisance, and animal
cruelty if he/she is found facing off dogs in any public area, and fined
five hundred dollars ($500.00). The dog owner shall be placed on strict
probation for the period of one (1) year during which time if any violations
occur the dog owner shall be fined one thousand ($1000.00), and he/she
shall lose custody of the dog. The dog shall be evaluated by qualified
personnel, and either be placed in a responsible home, or be humanely
euthanized.
(e) A dog owner shall be charged with aggravated nuisance should his/her dog
menace a person when at large. The owner shall be fined five hundred dollars
($500.00) and placed on probation for six months, during which time if any
violations occur he/she shall lose custody of the dog. The dog shall be
evaluated by qualified personnel, and either be placed in a responsible
home, or humanely euthanized.
(f) A dog owner shall pay remuneration, and fines when his/her dog kills, or
injures an animal, or animals belonging to another person when at large off
the owners property. The dog owner shall be placed on strict probation for
the period of one(1) year, during which time should any further violations
occur, the dog shall be removed from the custody of the owner. The dog shall
be evaluated by qualified personnel, and either placed into a responsible
home, or humanely euthanized.
(g) Any dog owner by whose violations has caused his/her dog to be removed
from his/her custody shall not be allowed to own another dog for a period of
ten (10) years.
(h) No dog owner will be held liable if the dog bites, injures, or kills an
intruder, a burglar, a trespasser, or anyone who threatens the owner, or
his/her safety while on, or off of the owner's property while the dog is
under control of the owner.
(i) Any person who is bitten while teasing, or tormenting a dog that is
contained to the owner's property shall have no legal recourse for damages.
(j) Any parent whose child is bitten, or mauled due to the parent's
inattendance to his/her child shall be charged with reckless endangerment of
a child.
5. Dog Abandonment
(a) Any person who abandons a dog by either dumping it alongside any
thoroughfare, or by moving away and leaving the dog shall be subject to a
one thousand dollar fine ($1,000.00), and jail time, or community service
not to exceed six months.
============================================================================
POST is Copyrighted 2006. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxxx
VISIT OUR WEBSITE - URL temporarily deleted due to AOL issues
============================================================================
Other related posts:
