In 2006, Oak Harbor, WA passed restrictions on 'pit bulls'...and it turns out that the restrictions aren't the silver bullet the city thought it was...and is proving extremely difficult to enforce. From the article (emphasis mine):
"From an animal control officer's point of view, this is a really difficult issue," said Police Chief Rick Wallace.
"If any action is take, he could end up on the stand," Wallace said referring to Animal Control Officer Terry Sampson. "It wouldn't take much of a legal defense to challenge."
The burden would be on the city to prove any delinquent dog’s breed, and that may mean Oak Harbor would have to foot the bill for a doggie DNA test.
From an enforcement point of view, it’s almost impossible, Wallace said, adding that from a practical point of view, there’s not that many bite complaints each year.
“I don’t want this to turn into an emotional thing,” Schmidt said after the meeting. “We’re looking at it strictly as a fact-based issue.”
And the fact is, breed determination can be a tricky and costly business.
“Our own insurance doesn’t recommend BSL,” Schmidt said, referring to breed-specific legislation. “We support the behavior-based approach.”
Breed identification is extremely difficult. And if due process laws are followed, the burden of proving a dog really is the targeted breed does fall on the city...which will prove to be very costly for cities to continually have to fund DNA tests to prove their prognoses that a dog is that particular breed.
I've never understood why cities would pass breed specific regulations when determining breed is very difficult, yet breed neutral ordiances are so much easier to enforce because determining that a dog is dangerous is quite easy.
Best of luck to the city of Oak Harbor in their quest to get rid of this useless legislation.
Hat tip: Stop BSL
I work for a company that provides Dog DNA Testing. Our lab will not screen for "Pit Bull" even though the technology exists. Because, it is quite a litigious and controversial breed; there are too many shelters and individuals who will test for the breed and euthanize the dog.
I am glad to see this breed in particular getting good press. My neighbors have the sweetest Pit Mix. She is just a pleasure to be around.
Thank you!
Posted by: Briana | September 01, 2009 at 01:43 PM