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In the 3-year period from 2006 to 2008, pit bull type dogs killed 52 Americans and accounted for 59% of all fatal attacks. Combined, pit bulls and rottweilers accounted for 73% of these deaths. | More »

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constitutionality

Legislating dogs ::

Pit bull bans

Denver, Colorado

The most controversial pit bull ban in the U.S. was enacted by the City and County of Denver in 1989. Over the course of 21 years, it has withstood numerous battles in state and federal courts. On each occasion, the City and County of Denver has prevailed. The litigious history of the ban, and Denver's victories, has helped many cities adopt similar measures. The Denver ban is undoubtedly the beacon that illustrates the legal viability of breed-specific laws.

Related materials:

Model Pit Bull Ban Ordinance

Download IMLA Model Pit Bull Ban Ordinance (PDF)

Council Bluffs, Iowa

Pit bulls are not only problematic in large cities; they threaten mid-sized and rural communities as well. Located in the heartland, Council Bluffs, Iowa has approximately 60,000 citizens. After a series of devastating attacks, they joined over 500 cities nationwide and enacted a pit bull ban. The results of the ban -- which took effect January 1, 2005 -- demonstrate the positive effects such legislation can have on public safety in just a few years time:1

Year	Pit Bull Bites
2004	23%
2005	10% (year ban enacted)
2006	5%
2007	2%
2008	0%
2009	0%
2010	0% (statistics through March)

Related materials:

Pit bulls declared "vicious"

The State of Ohio

Some communities adopt pit bull ordinances that declare the breed "potentially dangerous" or "dangerous," which triggers special rules for pit bull owners. In the instance of Ohio, the whole state adopted such a policy. The State of Ohio declared pit bulls as "vicious" and requires owners to carry $100,000 in liability insurance, securely constrain the dog when on-property and to use a chain-link leash when off-property.

Various cities within Ohio increased these restrictions. The most publicized one to do so is Toledo, which added the limitation of one pit bull per household and muzzling when off-property. Toledo's pit bull ordinance was heavily litigated over a period of years. As recently as February 2008, the United States Supreme Court halted the legal wrangling. Not only is Toledo's breed-specific ordinance constitutional, it cannot be appealed further.

Related materials:

Pit bull sterilization

San Francisco, California

A trend that began in California now has communities across the country considering a similar option: mandatory pit bull sterilization. Cities troubled with high pit bull bite counts and shelter occupancy rates are hoping to combat both problems at once with spay/neuter laws targeted at pit bulls. In January 2006, San Francisco enacted such a measure. After 18 months of passing: pit bull impoundments declined by 21%; shelter occupancy rates fell from three-quarters to one-quarter and pit bull euthanizations dropped 24%.2

By 2010, biting incidents had significantly decreased as well. Sgt. Bill Herndon, of the San Francisco Police Department's vicious dog unit, said the numbers and severity of pit bull attacks are down since the ordinance was enacted. The same article reports that pit bull euthanizations have dropped to 30%. Rebecca Katz of the San Francisco's animal control department said, "We've seen it as very effective from an animal welfare perspective."3

Related materials:

Generic dangerous dog laws

Texas State

Other entities opt for "tough" generic dangerous dog laws instead of breed-specific laws.4 Such laws hold dog owners criminally negligent after a serious attack. The key word in this instance is "after," which is why we call them "hindsight" laws. Policy makers hope that after enough people are sent to jail, there will be a deterrent to dog owners, whereby forcing them to be more responsible. The downside is that many new victims are created in the process.

Texas recently passed such legislation. Under Lillian's Law, owners of loose dogs face 10 years in jail if the attack results in serious injury to a person and 20 years if the attack ends in death. Lillian's Law, however, does NOT abolish the Texas "one bite free" rule. Conviction is impossible unless there is proof beyond a reasonable doubt that the dog owner knew or should have known that his dog was going to cause death or severe bodily injury.5

Please review a legal discussion on dog bite attorney Kenneth Phillip's website.

Related materials:

1Information provided by the Council Bluffs Animal Control Department.

2S.F. Sterilization Law Successful in Reducing Pit Bull Population, by Marisa Lagos, The San Francisco Chronicle, August 28, 2007.

3Auburn seeks ways to prevent another pit bull attack, by Ed Fletcher, The Sacramento Bee, January 30, 2010.

4Texas is one of 11 U.S. states that prohibits breed-specific laws. They had no choice but to enact a "generic" dangerous dog law.

5We believe the first conviction under Lillian's Law -- The death of Tanner Joshua Monk -- is currently under appeal.

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special reports

Report: U.S. Dog Bite Fatalities January 2006 to December 2008 »

Report: U.S. Police and Citizen Shootings of Pit Bulls 2008 »

Video of Attack Victims:
U.S. Pit Bull Attacks in 85-Day Period »

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Cities with Successful Pit Bull Laws; Data Shows Breed-Specific Laws Work Learn about U.S. and Canadian municipalities that are reporting successful results after adopting a breed-specific pit bull law.

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