March 6, 2008

SECAUCUS, N.J. – Recently, legislation concerning dangerous dogs was passed by local governing bodies in Illinois, Alabama and Arkansas.

From breed specific legislation in Arkansas to a case-by-case method in Illinois, these states run the gamut on defining and dealing with canine behavior.

The Little Rock City Board of Directors in Arkansas voted unanimously for a “Potentially Dangerous Dog Ordinance” that imposes certain requirements on pit bull owners.

This controversial legislation was breed-specific, without regard to actual events.

Meant to heavily regulate pit bulls, the ordinance was passed with the hope of holding pet owners more accountable than in the past.

Owners of the American Pit Bull Terrier, American Staffordshire and the Staffordshire Terrier must pay registration or permit fees, microchip their pet and post signs at the front of their residences, warning of the animal.

Finally, all dogs will be spayed or neutered unless registered as show or breeding animals, or a veterinarian determines the procedure would be unsafe for the dog.

Owners have 90 days to comply with the city’s requirements.

Alabama has chosen a more progressive choice, utilizing an event-based approach that is not breed specific.

While the legislation allows animal control officers to impound dogs that have caused serious physical damage or personal harm to a person, it also lets authorities take into custody animals that are perceived as dangerous, regardless of whether or not they’ve done anything.

With this loophole of labeling dogs who are perceived as dangerous without incident, the Mobile County District Attorney would have to petition the district court to have the dog declared “dangerous or a nuisance” before further action may be taken.

If the judge finds the dog to have caused serious injury or death to a human, the animal would be euthanized.

But if the dog is simply declared to be dangerous or a nuisance without harm to an individual, responsibility falls to the owner.

He or she must properly restrain the animal, provide microchip or tattoo identification, pay an additional registration fee and take out a $100 thousand insurance plan to cover potential medical or veterinary bills.

The last part of the bill carries criminal implications for the owner, if the dog, declared dangerous, attacks a person without provocation. The animal would be put down, while the owner could face up to two years in prison and a maximum $5,000 fine.

As for the third legislation that was passed, a dangerous dog bill was approved by the Illinois’ House of Representatives; it is now before the state’s Senate.

Ownership of “dangerous dogs” in Howard County, is banned. Those are animals that have a history of biting or have been bred for fighting.

Previously, the law only dealt with dogs considered a nuisance, but now it clearly defines dogs that are considered dangerous versus those who are potentially dangerous.

But for potentially dangerous dogs, owners will have to ensure that their pets are confined with posted warning signs or muzzled. Pet owners will also have to carry a minimum $50,000 insurance policy.

Those not in compliance with the new law could be dealt hefty fines or suffer the forfeiture of their animals.

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