New Mexico Sen. Sue Wilson Beffort plans to introduce legislation during the upcoming session that
would label "pit bull" dogs dangerous and require their owners to
comply with various extra requirements.
The bill, called the Dangerous Dog Act, defines "dangerous dog" as either of the following:
- A dog that has caused serious injury to or the death of a human or domestic animal
- A pit bull
The bill defines a pit bull as a mix of American Bull Terrier (the 'Spuds Mackenzie' or Target mascot type dog) and / or Staffordshire Bull Terrier, or a dog conforming to those breeds' characteristics. Interestingly, a purebred specimen of either breed, if registered with the American Kennel Club, is exempt from the restrictions.
Under the draft legislation, pit bulls can be seized by animal control if they aren't registered in their county or city or if animal control "has probable cause to believe that a dog is a potentially dangerous dog and poses a threat to public safety" and can secure a warrant for its seizure.
The dog can then be euthanized if the owner "admits that the dog is
dangerous" and transfers ownership of it to animal control authorities,
or if the owner fails to register it within 30 days.
Typically, dog owners have to register their dogs annually in their city or county of residence, usually by paying a small fee and providing proof of an up-to-date Rabies vaccination. Under the draft legislation, pit bull owners could register their dog only if it:
- Is spayed or neutered
- Is microchipped
- Has graduated from a "socialization and behavior program"
- Is on a leash no longer than four feet and caged or muzzled when off the owner's property
- Is insured for $100,000
"Every time someone bases legislation on fear or inaccurate information, the animal welfare communities have to stop what they're doing [and address it]," says Melissa Roberts, Co-Founder and Executive Director of New Mexico Pets ALIVE. "It's a drain on the limited resources we have."
Beffort didn't immediately return SFR's email asking for a comment.
The most recent high-profile dog mauling in the state involving pit bulls was the April death of Margaret Salcedo in Elephant Butte. Salcedo was attacked by four dogs identified as pit bulls. Salcedo's brother Gary has said that he doesn't know if breed-specific bans are the answer, but believes there should be a better way to hold owners of vicious dogs accountable.
According to data from the American Temperament Test Society, which tests different dog breeds for signs of aggression, 84.2 percent of Staffordshires and 86.4 percent of Bull Terriers didn't show any signs of aggression. The average score for all breeds is 77 percent. Research from 2008 published in the journal Applied Animal Behaviour Science rated Dachsunds and Chihuahuas the most aggressive toward people. The French face-transplant recipient who was mauled severely in 2006 after she passed out in a drug-induced stupor was the victim of the breed perhaps most widely regarded as gentle and family-friendly: the Laborador Retriever.
"There is no such thing as a
dangerous dog by birth," Roberts says. "There's mountains of evidence, not just in the US, but
abroad. So many places have repealed all their breed-specific legislation because it doesn’t
work. Their dog attack statistics didn’t go down."
Implementing the legislation would cost a little less than $3 million annually, according to a fiscal impact report prepared by Best Friends Animal Society.
"Giving law enforcement the ability
to seize an animal would affect tens of thousands of families in New Mexico," Roberts says.
no comments?
I might have agreed with this legislation a little over 3 yrs ago... when if I saw a pit bull with its owner in Santa Fe... I thought it was scary.
But in fall of 08 I saw a starving white pit bull crossing the highway in Pojoaque... I crossed the highway and gave him some food... he was so hungry. I could not leave him to fend for himself... and I tried to entice him into the back of my hatchback (at that point I had a leash around his neck)... so finally I said "Can I pick you up?" And reached down to pick up the bag of bones and put him in my car... not a growl, whimper, attempt to bite... nothing. And when I told him to sit/stay... he did much to my amazement! I had thought he was around 10, but in fact he was a young dog... about a year and a half... took him to the humane society where they were immediately going to euthanize him... I demanded him back... and to make a long story short he is the love of my life. SUPER intelligent... and a goofball... absolutely wonderful dog... happy to be submissive (at least he plays along with it) to my Aussie female...
I am aware of the problems some pit bulls may have.. and some German shepherds, and some Rottweilers, and some Dobermans, etc etc. Where do you stop once you put one breed in the spotlight? What about Labradors? Or Shih tzus? I know two children bitten by those breeds.
APNM is doing great work with their "Train don't Chain" program... that's the sort of legislation we need... anti-dog chaining legislation that makes any dog aggressive and territorial... many studies have shown that chained dogs that get off their chains are the ones who can cause a lot of problems... poor guys, chained for all their lives with little social interaction... we would be aggressive too I venture to say.
Put the few dollars our animal control personnel have to good use to training and anti-chaining legislation and education. HSUS has a great program to stop fighting of pit bulls and to teach the owners to start training, loving and respecting these wonderful dogs... that is the solution.
In addition to the impact to 10's of thousands of New Mexico families, attempts to pass breed specific legislation also takes its toll on the limited resources of the NM animal welfare community, many who are volunteer run. Our community is being forced to allocate limited resources to fight unjust and uninformed attempts to enact legislation that does nothing more than put neighbor against neighbor and fuel fear and ignorance.
Introducing breed discriminatory legislative proposals such as the one Senator Beffort is attempting to do has the real potential of ripping apart NM families because so many of us consider our pets to be members of our family. Imagine if a legislator attempted to enact legislation that would force you to register your child or would allow law enforcement to take away your son or daughter because of the color of your child's skin or some other discriminatory reason. This proposal does the same thing and it is extremely frightening to many responsible pet guardians across NM.
25 years of failed BSL has brought about repeals of BSL in communities across America and many states are now enacting a complete ban on BSL attempts to protect everyone - pets, pet guardians and non-pet guardians alike. Instead, they are enacting just and sound legislation based on fact, rather than emotion and fear. We deserve the same here in NM.
Don't agree with Senator Beffort? Here's what you can do: https://www.facebook.com/photo.php?fbid=307997702556154&set=a.211430435546215.52715.210543575634901&type=1&theater
If this bill passes, even after thousands of poor, homeless pit bulls lay slaughtered across NM in the shelters, the problem will STILL not be resolved. Why? For the same reason BSL has failed across the nation already. It is the same problem that always plagues legislation like this: the innocent, law-abiding citizens who are willing to obey the law AREN'T THE ONES CAUSING THE PROBLEMS, while the dredges of society -- those who dogfight their pit bulls, chain them outside, treat them harshly, and otherwise neglect them -- WON'T obey this law. As a result, this wide-reaching, unfair bill will scoop up countless innocent pit bulls into its net, dogs who have never gotten into trouble and will now suffer needlessly for actions they never committed.
It's similar to gun laws. The law-abiding citizens who would never misuse a gun for dangerous purposes or get involved in illegal activities are the same ones who obey gun laws. But they aren't the problem -- these law-abiding citizens aren't the reason the gun laws are created! It is the thugs of the world and those who make their living by illegal activities who are the target of gun laws, and yet, they DON'T obey these laws and fly under the radar, secretly buying their guns on the black market.
**These laws only impact the segment of the population who aren't the issue in the first place.**
It is the same way with BSL laws. Those who faithfully register their pit bulls, take them to obedience classes, treat them like family members, etc, are the ones who will suffer unfairly. The bad owners won't be affected at all; they couldn't care less. BSL is evil at its very core. It is wiping out an entire breed for the actions of a few, ignoring the fact that millions of gentle family pit bulls live in loving, good homes across America and have NEVER gotten into trouble.
It's time for us to be proactive, and to pass anti-BSL legislation so that we don't have to waste our limited political capital and energy on fighting ill informed attempts by the political right to make fire brand issues out of ignorance and spite. Anybody have any legislative contacts who might be willing to support a proactive bill?