TX-RPOA E-News
From Responsible Pet Owners Alliance,
the reasonable voice regarding animal issues in Texas.
Responsible Pet Owners Alliance is an animal welfare organization,
not "animal rights" and, yes, there is a difference.
Permission granted to crosspost.

September 4, 2007
Attention Austin, TX, dog owners!
All dog owners should attend the public meeting Wednesday, September 5th
mentioned below and oppose this proposal as written. RPOA agrees with
Zandra's comments below.
Thanks to FixAustin.org for the links at the bottom.
_______________________________________

Zandra Anderson
www.TexasDogLawyer.com
Permission to cross-post with credit acknowledged.

Proposed Austin Ordinance
What does the proposed Ordinance do?

1. It adopts the Health & Safety Code statutes for Dangerous Dogs. While
state law may be questionable in places, the City can adopt it and you
really can't argue against it. Keep in mind that the state statutes are
standards that apply to all counties and cities in the state.

2. Vicious Dogs. Here is a huge problem with the proposed ordinance. The
ordinance is proposing to declare dogs dangerous if the injure another
animal while somewhere other than an enclosure. If that is not bad enough,
it goes farther. The ordinance proposes to declare dogs dangerous if they
commit an unprovoked acts (not at attack) that "cause an owner of an animal
or livestock to reasonably believe that the dog will attack and cause bodily
injury to that owner's animal or livestock." This is a totally subjective
standard and can spark a witch hunt.

Here is the proposed part of the Ordinance regarding Vicious Dogs:
=======================================================
(21) Vicious Dog means a dog that:
(a) makes an unprovoked attack on an animal or livestock that causes bodily
injury and occurs in a place other that an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own; or

(b) commits unprovoked acts in a place other that an enclosure in which the
dog was being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own and those acts cause an owner of an animal
or livestock to reasonably believe that the dog will attack and cause bodily
injury to that owner's animal or livestock."

Definition of Livestock:
(11) Livestock means a horse, mule, jack, jennet, cow, bull steer,
hog, pig, swine, sheep, or goat other than a miniature breed.

=========================================================
Issues:
1. There are no exceptions for dogs at dog parks.
2. There are no exceptions for dogs on a leash.
3. There are no exceptions for working dogs.
4. There are no exceptions for assistance dogs, therapy dogs and search &
rescue dogs.
5. There are no exceptions for dogs that are participating in dog shows
or other sanctioned dog events like tracking.
6. There is no consideration that aggression to an animal does not in any
way indicate aggression to human beings.
7. There should be consideration that dogs were bred for all kinds of
reasons. For example, Labrador Retrievers were bred for hunting and
retrieving animals. One of the problems with the training of the young Lab
is that sometimes they do not want to relinquish the bird and even will eat
it. Greyhounds are prey driven. They are enticed to run on a track by the
scent of a rabbit on a device that appears like an animal (called Markie),
so these dogs are prey driven, but make lovely pets. Terriers were bred to
hunt earth animals, like a Rat Terrier. If a terrier goes after a rabbit,
does this mean this is a vicious dog? Of course not. My Dalmatian,
appropriately named Angel because she loved everybody, killed a rabbit. Did
that make her a vicious dog? Ridiculous. I cannot think of ONE breed of dog
that won't go after another animal. I used to own a bunch of Chihuahuas and
I can assure you they were very prey driven. They used to chase my horse
every chance they got and would bite their fetlocks. I kept them separated,
but dang those little dogs were fast and got after my horses more than once.

8. This Ordinance could subject EVERY dog in Austin to being declared
dangerous. All kinds of dogs will go after an animal whether it is a Bassett
Hound, a Cocker Spaniel, a Collie, a Golden Retriever, a Pomeranian or an
American Pit Bull Terrier.

9. How are you going to get owners of search & rescue dogs to come in
Austin if there is a disaster with this kind of law? I got letters from SAR
folks when the Texas dangerous dog laws were being considered and I can
assure you that they will not risk their dogs if this law passes. How do I
know? They told me so. (Fortunately, that was one of the amendments that we
lobbied for and got passed which excepts SAR dogs from the felony laws of
the state dangerous dog laws.)

10. This is a subjective standard and your neighbor who doesn't like you
or your dog could say they were afraid their dog was going to be attacked by
your dog and you are hosed. There is a lot of politics in these dangerous
dog cases. I am sure there is no surprise there.

11. The sight of some dogs scare people based on their own pre-conceived
notions about them. I rescued and fostered a German Shepherd Dog and had him
for several weeks before finding a home. I walked him around my
neighborhood. He was regal, quiet and never uttered a sound. Regardless,
there were people who got on the other side of the road when they saw us
coming. This was a nice dog, too, but people were scared just by the fact
that he was a GSD. So, employing this subjective standard can pit neighbors
against neighbors, and I can assure you the dog owner will usually come out
on the losing end. For some reason, every neighborhood seems to have a bully
who likes to boss people around and I have seen them come after people with
dogs they didn't like---all kinds of dogs, not just power breeds.

12. There are many places in Austin that have off lead areas. How in the
world can Austin promote itself as dog friendly and then suggest this sort
of draconian law? There are many places where dogs can legally be off lead
in Austin, but if a cat darts out and an off lead dog goes after it, then
you are subject to having your dog declared dangerous. Also, there can be
the situation where two off lead dogs at a dog park get into a scuffle. This
can happen, so are both dogs then vicious and subject to being declared
dangerous? Sure, there are certain dogs that should not be off lead
anywhere, but even cool tempered dogs can occasionally get miffed by another
dog. After all, they are animals.

13. What happens if you are minding your own business and walking your
dog when someone else's dog gets out and starts something with your dog? I
have had this happen on more than one occasion. The last time, and also the
scariest time, was when my neighbor's Jack Russell Terrier got out just as I
am walking my dogs passed her house. This little dog is not even 12 inches
high and she was aggressively biting my dogs' hind legs. I was able to
prevent my dogs from returning the favor, but what if one of mine had bitten
her dog? Oh, by the way, my dog is an American Pit Bull Terrier who was
behaving on a walk. Well, I bet I know who would get blamed. Also, I am not
suggesting my neighbor's JRT was vicious for one minute. She is the sweetest
dog alive to people, but she wanted a piece of my dogs who she perceived to
be on her territory. That's nature. Oh, one other thing, the owner of the
JRT was our Animal Control Officer and she thanked me because she knew her
dog was the instigator. Her other dog, a German Short Haired Pointer, got
loose, too, and just loped around the neighborhood doing nothing but loping!

14. The Background statement regarding the proposed ordinance states:

"Over the last few years, incidents of dog attacks on humans and pets have
raised concern in the community about dangerous dogs. This concern has
tended to be focused on pit bull type dogs. During the past 12 months there
has been more demand for a breed ban that will remove pit bull type dogs
from the city. ... A review of the animal control ordinance has been
conducted to identify opportunities for strengthening the ordinance related
to dogs that are a danger to the community rather than consider a breed
ban."

First of all, the writer states that there has been a focus by the community
on "pit bull type dogs." Who is to say if that is true or not. Sure, some
people focus on them, but there are a lot of responsible owners who would
fervently disagree with that broad assumption especially since anything that
bites or kills is tagged a pit bull or pit bull type dog.

Second, there is an assertion that there has been a "demand for a breed ban
that will remove pit bull type dogs from the city." Again, that is a broad
assumption and fails to acknowledge that Texas has a law that prevents
cities from enacting laws that are breed specific. Sec. 822.047, Health &
Safety Code.

So, be careful of broad statements like that. Also, know that this broadly
written Ordinance puts every dog owner in Austin at risk.

I guess you can see I am impassioned about this proposed ordinance. This
ordinance goes too far and subjects every dog owner to having their pet
declared vicious and dangerous. It is up to concerned citizens of Austin to
show up at this meeting in numbers. You need to be prepared to speak on the
subject and let your Council know your thoughts, even if you have to read a
prepared statement. Don't let shyness get in the way of your rights as a dog
owner.
Zandra
www.TexasDogLawyer.com
Permission to cross-post with credit acknowledged.
=======================================================
Links to the Laws:
View the proposed law, with changes in blue, here:<
http://www.fixaustin.org/pub/documents/dangdoglegal2007.pdf>;

The city's summary and reasoning for the law is here
<http://www.fixaustin.org/pub/documents/DangerousDogSumm2007.pdf>;

Current city law (vicious dog) can be seen here at section 3-4-7:
<http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofaustintex
as?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc=>

Current state law (dangerous dog) is here at chapter 822, especially 822.041
et seq:
<http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm>;

Full details of the meeting are here:
<http://www.ci.austin.tx.us/agenda/2007/ansv_090507.htm>;

NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN THAT A MEETING WILL BE HELD ON WEDNESDAY, SEPTEMBER
5, 2007, 6:30 P.M. AT THE South Austin Neighborhood Center LOCATED AT 2508
Durwood, AUSTIN, TEXAS, FOR THE FOLLOWING PURPOSES:

1. CALL TO ORDER

2.. Public Input and Critique of Proposed and Current Dangerous Dog
Legislation for the City of Austin
3.. DISCUSSION
4.. RECOMMENDATIONS TO COUNCIL
================================================================================
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Responsible Pet Owners Alliance
900 NE Loop 410 #311-D
San Antonio, TX 78209
Phone: (210) 822-6763
Fax: (210) 822-9038
Website: www. responsiblepetowners. org
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