By a vote of 66-1 Minnesota's Senate passed amendments today to the state's dangerous dog laws. These amendments are pending in the state's House of Representatives.

Supporters successfully fended off any amendment to add a breed ban.   

Click here for a copy of the proposed laws.  

The new law would require place the authority for implementing and enforcing the dangerous dog laws in animal control agencies instead of county governments generally. Also, the new law would allow local governments to regulate dangerous dogs as well as potentially dangerous dogs. And, under the amendments dangerous dogs that are not sterilized could be seized.  The new law clarifies owners' responsibilities to keep animal control informed of exactly where any dangerous dog has been transferred and is living.  

There are new provisions for a hearing to challenge a dangerous dog declaration. Notice must be given within 14 days to an owner of the seizure of a dog and the declaration that it is dangerous along with any restrictions and the right to a hearing. The burden is on the owner to request a hearing. During this time owners can keep an impounded dog from being destroyed by posting a bond to cover the cost of care.  Hearings must be held within 30 days. If a dog owner loses, he or she can be ordered to pay up to $1000 for the cost of the hearing.

An opportunity for a hearing is particularly required already if the authorities decide to euthanize the dog. The new law would clarify when a dangerous dog may be euthanized. These instances include attacks that inflict "substantial or great bodily harm... without provocation"; multiple bites or multiple victims in the same attack without provocation, and bites in attacks involving more than one dog.

Interestingly, the new law would bar anyone from owning a dog under certain circumstances:

     If the person has been convicted of 3 or more violations of dangerous dog regulations,

     If an owner has violated certain dangerous dog regulations previously and a dog is destroyed  or later hurts someone,

     If any dog causes great or substantial harm to a person, or

     If any person has allowed a dog to get loose and it is a vicious dog or has caused great or substantial injury.  

 

The person barred from ownership cannot live with anyone who has a dog.  In fact, a household member would be specifically prohibited from keeping a dog at a residence where a person barred from having a dog is living.   An owner or household member who violates the prohibition could be charged with a gross misdemeanor.

There is a provision to allow after 3 years animal control to reconsider a ban on dog ownership. Animal control could order the person to take dog ownership or training classes and issue restrictions on ownership.

Unfortunately, the new law would greatly increase the amount of liability insurance owners of dangerous dogs must carry to cover damages from bites or attacks. Instead of $50,000 in insurance, owners of these dogs would be required to carry liability policies with limits of $300,000.  This provision will guarantee that many dogs will simply be surrendered and killed. The insurance will be far too expensive for most people and may not be available in many areas.

Check Animal Law Coalition's Laws for a complete copy of current laws relating to potentially dangerous and dangerous dogs.  

BSL in Minnesota?

Prior to this session of the Minnesota legislature there were rumblings that Rep. John Lesch would introduce a bill to ban 5 breeds of dogs. Instead, Rep. Dennis Ozment has introduced H.F. 3245 which would repeal Minnesota's current ban on BSL, Minnesota Chpt. 347.51 Subd. 8,and allow local governments to recommend to a task force that certain dogs be declared potentially dangerous or dangerous based solely on breed.

The bill would authorize a task force to "study and recommend to the commissioner of public safety and the legislature uniform, statewide, mandatory system of dog owner and dog obedience education training according to commonly accepted standards and best practices for each breed or mixed breed of dog. The recommendations must include specific education required for humane care and assurance of public safety for breeds identified by any licensing authority of Minnesota as potentially dangerous".

The bill would also mandate "obedience training" for owners of potentially dangerous and dangerous dogs. The bill has been returned to the author and is not pending before a committee.  

Dr. Margaret M. Duxbury, a veterinary behaviorist at the University of Minnesota Veterinary Medical Center, rejects that one breed is more dangerous than another. Dr. Duxbury dismissed a breed ban as ineffective in solving a complex issue.

The number of dog bites is on the rise in Minnesota. But not because of the breed of the dog. A study of dog bites in Minnesota by the Minnesota Department of Health's Injury and Violence Prevention Unit revealed most bites involve small children. In about three fourths of the bite incidents the dogs knew the victims.  About half of the bites occurred in the home.  Little information is known about the breed of dogs involved in most bites.

So, socialization of dogs at an early age is important in preventing aggression later. It is important for parents to supervise children around dogs and teach them how to behave around dogs.  It is important for dog owners to know their dogs and learn how to manage them.

Banning particular breeds doesn't change an irresponsible dog owner. Breed bans actually penalize responsible dog owners.   

The numbers from the AVMA's 2000 study on dog bites showed numerous breeds are involved in bite incidents. Also, it is often very difficult to identify dogs by breed especially mixes, making it hard to enforce breed bans.

And the cost of a pit bull ban? In Prince George's County, Maryland, the cost to enforce a pit bull ban from 2001 to 2002 was at least $560,000. Of the 900 pit bulls euthanized during that time, animal control reported that 720 were nice family pets.

Dogs don't bite because of their breed and communities are not safer unless responsible leaders address the real reasons dogs bite. Find and contact your MN representative here  and let him or her know breed bans don't work, but here is what they can do to help reduce dog bites and attacks and make communities safe:

1. Pass an effective potentially dangerous dog ordinance:

Assign dogs a level of potential danger,
with restrictions and penalties for each level.

Require spay/neuter, education and training to encourage owners to take responsibility before a serious injury or death occurs.

Dogs and owners can earn lower levels
and dogs can even be declared no longer potentially dangerous. 

2. Encourage spay/neuter and support funding for free or low cost spay/neuter.

90% of fatal dog attacks are by dogs that have not been spayed/neutered: There is not a single  case of a fatal dog attack by a spayed/neutered pit bull type dog (National Canine Research Council);     

81% of dogs involved in bite incidents were not spayed/neutered (Texas 2002 Severe Animal Attack and Bite Surveillance Summary)

Research cited in a 2000 Journal of American Veterinary Medical Association study indicated unsterilized dogs are 2.6 times more likely to bite.

   3. Mandate spay/neuter for:

Dogs adopted from shelters or rescues or sold by pet stores or online

Dogs impounded more than once after being found at-large or off-leash

Dogs declared potentially dangerous or dangerous

Dogs owned by felons

   4. Ban tethering or chaining dogs (also a popular technique by dog fighters to make the dogs more aggressive; the CDC has found tethered or chained dogs are 2.8 times more likely to bite)

Lawrence County, Kansas, adopted an anti-tethering ordinance. From 2005 to 2006, the number of calls concerning cruelty and dog fighting dropped from 800 to 260. Officials attribute the decline in large part to the anti-tethering law.  

The USDA and even the AVMA has said tethering dogs is inhumane.

    5. Pass and enforce strong at large or leash laws or enforce such laws and encourage micro chipping

82% of dog bites occur as a result of dogs that are running loose (JAVMA, September 15, 2000)

After passing a leash law, the city of Portsmouth, New Hampshire, reported a 35% drop in dog bites.

    6. Address through strong laws and education the problem of animal cruelty

Well over half (61%) of fatal dog attacks are by dogs who were not humanely controlled, or who had in some way been abused or neglected (Delise, Fatal Dog Attacks: The Stories Behind the Statistics))

   7. Offer free or low cost training and education about the importance of socializing dogs early and making them part of the family.

81% of dogs involved in fatal dog attacks were isolated and not part of the family (Delise, Fatal Dog Attacks: The Stories Behind the Statistics))

   8. Pass and enforce strong dog fighting laws that make all aspects of dog fighting illegal and include bonding and forfeiture provisions; organize a dog fighting task force

   9. Require dog breeders to register or obtain licenses, limit breeding by age and numbers, ban breeding for aggression and fighting, ban the sale of dogs in pet stores and along roadsides, street corners or sidewalks; require inspections of breeders' facilities and track sales of dogs by breeders.

  10. Stop the cultural glorification of violence especially involving pit bull type dogs.