South Charleston, WV Pushes Breed-Specific Anti-Pet Ordinance
September 17, 2009 by admin23
Filed under Anti-Pet Laws, Breed-Specific Legislation, Local Ordinances
Mayor Mullens of South Charleston, WV is urging the City Council adopt an anti-pet law, including a ban on pit bulls, Rottweilers and other, dogs. The American Rottweiler Club is adamantly opposed to breed specific legislation as ineffective and even dangerous in the prevention of dog bites.
The breed-specific anti-pet ordinance was crafted by Mark. D. Clark and Susan Riggs, acting City Attorneys,of the law firm Spilman Thomas & Battle at the request of Mayor Mullens. A copy of the proposed ordinance is below:
AN ORDINANCE AMENDING ARTICLE 505 OF THE CODE OF THE CITY OF SOUTH CHARLESTON REGARDING DANGEROUS DOGS IN THE CITY LIMITS.
WHEREAS, the City of South Charleston has determined that dangerous dogs, including, but not limited to Pit Bulls, Rottweilers and Presa Canaries, pose a threat to the well-being of persons and property of citizens of South Charleston and the keeping of dangerous dogs within the city limits must be regulated in order to manage and minimize harm to the inhabitants of and visitors to the City of South Charleston; and
WHEREAS, Pit Bulls, Rottweilers and Presa Canaries, as breeds of dog, have certain characteristics that have been selectively bred into or are otherwise commonly found, and these characteristics may be intensified by improper treatment and/or training; these generally~exhibited traits included, but are not limited to, (i) powerful instincts for dominance which naturally result in a proclivity for fighting; (ii) a strong prey drive, which inspires a natural chase instinct that often results in their aggressive pursuit of cats, other dogs, and humans; (iii) a stubbormiess that results in sustained, unyielding aggressiveness once an attack begins; (iv)powerful jaws capable of crushing bones and hanging on to victims even while the animal
withstands infiiction of injury or pain; and (v) a combination of stamina, agility, and strength; and
WHEREAS, the combination and evolution of these characteristics in Pit Bulls,
Rottweilers and Presa Canaries, and other dogs deemed dangerous by this section, and the exhibition of these characteristics and encounters injurious to humans and other mammals have served to evidence their dangerousness; judicial and legislative bodies have reacted by noting that the classification of Pit Bulls, Rottweilers and Presa Canaries as Dangerous Dogs has a rational basis in fact and that adopting controlling measures in order to reduce the likelihood of injury to persons and their pets bears a rational relationship to the governmental objective of preserving public health, public safety, and public welfare; and
WHEREAS, the mere presence of Dangerous Dogs poses a significant threat to the health, welfare, and safety of the inhabitants of and visitors to the City of South Charleston; and