Do you have a good enough description of a pit bull to ban them?
> Do you have a good enough description of a pit bull to ban them?
Like some famous lawmaker said of pornography: “I can’t define it, but I know it when I see it.”
As with pornography, so with pit bulls: because they are mungrel mutts there is no standard “breed description”. That is part of the whole problem!
So, the ban needs to encompass “dangerous mungrel mutts that look like, and behave like, pit bulls.” As descriptons go, that is more than adequate.
Sec. 955.111. (A) Beginning ninety days after the effective date of this section, no person shall own, keep, or harbor a dog that belongs to a breed that is commonly known as a pit bull dog.
(B) Not later than ninety days after the effective date of this section, a person who owns, keeps, or harbors a pit bull dog on the effective date of this section shall surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.
(C)(1) Beginning ninety days after the effective date of this section, if an officer has probable cause to believe that a dog is a pit bull dog, the officer may apply to a court of competent jurisdiction for a search warrant. The court shall issue a search warrant for the purposes requested if there is probable cause to believe that a dog is a pit bull dog.
(2) After obtaining a search warrant, an officer shall seize the pit bull dog and surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.
http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_568
1. This act shall be known, and may be cited, as the “Responsible Pit Bull Ownership Licensing Act.”
2. As used in this act:
“Animal control officer” means a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or that officer’s designee; and
“Pit bull” means any dog of the breed American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or Staffordshire Terrier, or any dog determined to be a pit bull type dog pursuant to subsection c. of section 3 of this act.
3. a. A municipality may, by ordinance, require any person residing within the municipality who owns, keeps or harbors a pit bull in the municipality to obtain an annual license to own, keep or harbor such a dog. No such license shall be issued to any person under the age of 18 years. This license, and any requirements or conditions attached thereto, shall be in addition to any license or other authorization required pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law.
b. A municipality adopting an ordinance pursuant to subsection a. of this section may require the license applicant to provide:
(1) information about the breed, sex, age, color and markings of the dog and whether it is of a long- or short-haired variety;
(2) information about any licenses issued for the dog pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law;
(3) the name, street and post-office addresses, and telephone number of the license applicant;
(4) the license applicant’s record, if any, of criminal convictions or of convictions or other adjudications for animal cruelty; and
(5) any other information the municipality deems appropriate to protect the public health, safety, and welfare.
c. (1) A municipality adopting an ordinance pursuant to subsection a. of this section may require any person residing within the municipality who owns, keeps or harbors any kind of dog to provide proof that the dog is not a pit bull. If breed records are not available or the dog is a mongrel, hybrid, or mixed breed, the municipality may by visual inspection and use of detailed professional standards and illustrations decide if the dog is a pit bull type dog. In lieu of visual inspection, the municipality may require submission of a photo or photos of the dog for the purposes of this paragraph.
http://www.njleg.state.nj.us/2006/Bills/S1000/801_I1.HTM