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Dog Responsibility Initiative This is a model set of dog laws designed by responsible dog owners, for dog owners, because no dog will ever have the capacity to be attendant to any law that is ever written. No dog will ever be aware of the breed(s) of which it is comprised. This is a firm, but fair set of laws that does not infringe upon anyone's rights. Enacted and enforced this set of regulations will make a safer community, county or state. When government becomes involved in writing canine behavior into laws that have been devised for controlling humans, attempts to control that behavior, mete out punishments, and add criminal labels for animals, the legal status of animals is elevated to that of humans. A dog will only do that which it's owner allows, encourages or trains it to do. Dogs cannot operate independently of the owner's own measure of responsibility. The licensing of dogs by city, county and municipal governments has been in effect for over 100 years in the United States and the cost of enforcement far outweighs the benefits in revenue. Additional licensing restrictions will only burden the taxpayer and responsible dog owner. They will not succeed in controling the dog owner who creates the majority of problems, because irresponsible owners are rarely in compliance with these laws to begin with. By making animals personal property, the owner becomes strictly liable for any harm, injury, or trespass done by the animal. Animal "guardianship" is unnacceptable. It is time for the dog owner to be made legally responsible. Knowingly or negligently putting the public at risk should rate higher than an infraction. Loose dogs are a threat to the public safety. Even a friendly dog that is allowed to run at large can cause an automobile accident, or knock down a child or eldely person and cause injury. Because research has shown that 83% of all dog bites are to unattended children who are under ten years of age, parents must also share some burden of responsibility. When an unsupervised child encounters a dog the results can be tragic. Children and dogs both exhibit behaviors that would not be expressed in the presence of a responsible adult. Breed specific laws do not protect the public from dangerous dogs and there is no legal way to prevent the addition of any or all other breeds of dogs. Ordinances like the one in Denver, CO (which has been granted an appeal) are so broadly written as to be inclusive of all dogs, i.e., "any dog displaying the majority of physical characterstics of any of these breeds". All dogs have the same physical traits. That is what makes them dogs. When a city, county, or state specifically stipulates in legislation, or in ordinance, that a breed or breeds of dogs are dangerous, it indemnifies all of the breeds that are not named as being safe, opening up the enacting body to litigation by anyone who is bitten or mauled by any breed not specifically named. The criminal label of "potentially dangerous" is overly broad and extremely subjective, especially when applied to dogs. All humans are potentially dangerous, especially young men between the ages of fifteen and twenty five years, but no court would attempt to restrict an entire group of humans based on potential, so different rules should not apply to animals that cannot understand the consequences of their actions. All household cleaning products are potentially dangerous as well as standing water, various modes of transportation, improperly stored food, balloons, bedroom slippers and uncountable other things we encounter every day when we choose to get out of bed in the morning. Life itself is "potentially dangerous" and humans must take responsibility for the choices they make. Please consider the following alternative: 1) Dogs are Personal Property The City of Lancaster recognizes that animals are personal property, belonging to owners, not guardians. No city authority shall restrict or prohibit the ownership of dogs by breed, by size, by physical description, by gender, or by reproductive status. No breed specific ordinance shall stand, to include home rule, where applicable. The City of Lancaster recognizes the right of the people to own any breed of dog in a responsible manner. 2) Containment and Care All dogs shall be contained to their owner's property in either a securely fenced yard, enclosure, or securely fastened tether. Every precaution must be made to protect the public from dogs that are not behind a fenced enclosure. A sign warning of a dog being on the property must be visibly posted in the presence of a dog(s) that is only tethered and the assumption of liability is on the dog owner. All dogs shall be securely leashed and controlled by an adult when off the owners property. This does not apply to service dogs, such as but not limited to Guide Dogs for the Blind. No child under the age of fourteen (14) years of age shall be allowed to lead a dog in public areas. This does not include junior showmanship or other sanctioned dog show competition. Any parent whose child under the age of fourteen (14) is found in public with a dog on, or off leash shall be charged with reckless endangerment. No child under the age of ten (10) years shall be left unattended with any dog, ever (refer to "4 : h, Strict Liability"). The owner shall provide his/her dog with shelter appropriate to the climate, and a clean environment in which to live. The owner shall provide shade from the sun, and cover from the rain/snow. The owner shall provide his/her dog with food and clean drinking water daily. The owner shall be able to provide current proof of rabies vaccination to authorities, or a written exempion from vaccination by a licensed veterinarian. Violation of statutes f, g, h, i, shall be considered animal negligence and the owner shall be charged fines, and or jail time commensurate with the harm done to the animal. The Court may hold a hearing to remove the animal from possession of the owner (refer to "4 : e, Strict Liability"). The owner has the right to appeal the ruling. The names of negligent dog owners shall be made public. 3) Dogs at Large Any owner that allows his/her dog to run at large in an incorporated area shall be fined one hundred dollars ($100.00) for the first violation, and must pay to have the dog microchipped. The second violation is two hundred dollar ($200.00) fine, the third violation a four hundred dollar ($400.00) fine, after which the dog shall be confiscated by animal control authorities and after evaluation by qualified personnel, placed up for adoption or humanely euthanized as verified by documentation. Nothing in this section shall pertain to hunting dogs under the supervision and control of a responsible adult. 4) Strict Liability A dog owner will be held strictly liable for any harm, injury, fatality, or trespass commited by his/her dog while off the owner's property at large, or out of the owner's immediate control. This liability shall include renumeration, fines, and or jail time commensurate with the damage caused by the owner's dog. A dog owner shall be charged with negligent homicide whose dog kills a person while off the owner's property, unless the dog is protecting the owner from a criminal act. A dog owner shall be charged with reckless endangerment whose dog injures a person, requiring medical attention, while off the owner's property at large, or out of the owner's immediate control. A dog owner shall pay renumeration, and fines when his/her dog injures or kills an animal that belongs to another person while off the owner's property at large, unless the other animal is also at large. The dog owner shall be placed on probation for a period of one (1) year during which time should any further violations occur, the dog shall be removed from the possession of the owner. The dog shall be evaluated by qualified personnel and either placed up for adoption, or humanely euthanized as verified by documentation. Any owner whose conviction of a violation(s) has caused his/her dog to be removed from his/her possession shall not be allowed to own another dog for a period of five (5) years. No dog owner will be held liable if the dog bites, injures, or kills an intruder, burgler, trespasser, or anyone who threatens the owner, or his/her safety while on the owner's property, or while off the owner's property while the dog is under control of the owner. Any person who is bitten while teasing, or tormenting a dog that is contained to the owner's property shall have no legal recourse for damages. Any parent whose child is bitten or mauled due to the parents lack of direct supervision to his/her child shall be charged with reckless endangerment of a child. No dog owner will be held liable if the dog bites, or injures a veterinarian, animal control officer, shelter worker, pet groomer or other individual whose job description knowingly includes the inherent risk of a dog bite related injury. 5) Dog Abandonment a) Any person who abandons a dog by dumping it alongside any thoroughfare or in a public place, or by moving away and leaving the dog shall be subject to a one thousand dollar ($1,000.00) fine, and jail time or community service not to exceed six (6) months. Lastly, the institution of an annual dog bite prevention presentation to all elementary school age children, in public or private school, utilizing the free materials provided by the American Kennel Club, American Dog Owners Association, or materials and guidelines provided by the Centers for Disease Control, National Safety Council or other qualified government authority. An annual City sponsored dog bite prevention presentation to be made available to the public at no charge and for children that are home schooled. Please feel free to contact me if you have any questions. Sincerely Jade Harris, legislative liason OklahomaCompanion Animal Coalition |
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