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America Against Breed Specific Legislation

Model Dog Law

Below 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.

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. Behind every dog stands it's owner. Dogs cannot operate independently of the owners own measure of responsibility.

The problem being that when governments become embroiled in defining dog behavior, and trying to write laws to control that behavior they lose sight that it's the 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.

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.

1. Dogs are Personal Property
(a) The state of _____________ recognizes that dogs are personal
property. No city, county or state authority shall restrict, or
prohibit the ownership of dogs by breed.
(b)No breed specific ordinances enacted in _________ shall stand.
(c) The 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 owner’s 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.
(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) The owner shall schedule annual immunization inoculations for
his/her dog for the prevention of communicable diseases and 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.

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 personel 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 personel, 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 personel, 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
personel, 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
personel, 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.

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