The law about " Dangerous dogs "

Get to know other Positively members here.

Moderators: emmabeth, BoardHost

Beetlejuice
Posts: 22
Joined: Sun Oct 18, 2009 11:11 am
Location: Solliès-Pont, FRANCE

The law about " Dangerous dogs "

Post by Beetlejuice »

Like we're talking about that on the topic " my dog " by myself, i think it's a good idea to make a topic about dog's law ..

Here is for France :

The declaration of dangerous dogs, a legal obligation: the law (N ° 99-5 of January 6, 1999) concerning the dangerous and stray animals and animal protection provides that owners of dogs that may be hazardous to file a statement in City Hall . The law (No. 2008-582 of June 20, 2008) strengthens preventive measures by the requirement to obtain a certificate of competency issued after a training rule of dog training and safety.

CLASSIFICATION OF DANGEROUS DOGS:

-1st category: Dogs attack.
It includes the attack dog whose master can trace the origins of a document. It includes the pitbull (dog-like dogs bred Staffordshire Bull Terrier and American Staffordshire Terrier), the Boerbulls (similar to dogs bred dogs bred Mastiff) and Tosa dogs appearance-Inu.

- 2nd category: Watchdogs or defense.
It includes dogs that are registered in the book of French origins (LOF) such as the American Staffordshire Terrier, Tosa Inu, and the Rottweiler (Rottweiler and appearance) registered or not.

PROHIBITIONS - BONDS
For both groups, muzzle and leash are mandatory in the streets and public parks.
Persons under 18 years may not keep these dogs, as well as adults under guardianship or persons convicted of crime or violence.

In addition to the attack dogs (group 1):
-The acquisition, sale and importation is prohibited,
-Sterilization of males and females is mandatory
-Access to public places and public transport are prohibited.


PRACTICAL INFORMATION

To make this statement, please contact City Hall in the service of general means.
Owners of dogs classified into two categories, are required to submit:
-A printout containing the identification of the dog by its tattoo number (electronic identification)
- A rabies vaccination certificate issued by the veterinarian who performed the vaccine.
- A certificate of insurance, liability insurance, certifying that the dog has been assured.The certificate must bear the tattoo number of the animal and the duration of insurance.
- A sterilization certificate for category 1 only.
- A certificate of fitness of the owner and the Behavioral Assessment of the dog.

After verifying these documents, the mayor shall issue a permit of detention must be presented whenever required by the gendarmerie (Police).

Do not follow any of these provisions constitutes a misdemeanor punishable by 3 750 € fine and three months imprisonment


Automatic translation by google from http://www.ville-tarare.fr/Chiens-dangereux.html
I do my best for write in a good english, sorry if it's hard to read lol ! :d
User avatar
Nettle
Posts: 10753
Joined: Sun Apr 13, 2008 1:40 pm

Post by Nettle »

Thank you, Beetlejuice, that's very interesting, and your English is far better than my French could ever be!
A dog is never bad or naughty - it is simply being a dog

SET YOURSELF UP FOR SUCCESS
Fundog
Posts: 3874
Joined: Wed Dec 03, 2008 8:31 am
Location: A little gambling town in the high desert

Post by Fundog »

Here in the United States, dog breed bans/restrictions/ordinances vary by state, and even by city sometimes. We also can find variables in other private entities, such as our homeowner's insurance. For example, the premiums on my homeowner's insurance would be much higher if we had a breed that is listed as "aggressive" by this particular company. I don't recall all of those breeds, but I do know that Pit Bulls and Rottweilers are on the list. Some insurance carriers might adjust the premiums according to size and weight of a dog; for instance a home with a Great Dane might have a higher insurance premium than a home with a Springer Spaniel.

In my state, muzzles are not officially required by law for any breed, but rather, left up to the discretion of the owners.

In my state, all dogs adopted from rescues and shelters must be spayed or neutered within a set amount of time, or else a fine will be applied, and/or the dog may be taken away.

In my city, all dogs must be on a leash except when in a fenced enclosure (like your own yard, or the dog park).

In my state, if we are out in the wildnerness areas, our dogs do not have to be on leash either. Hunting is popular here, so a lot of people have dogs they need to take out to practice/train for hunting, and it is hard to do that on a leash.

In my city, the police are pretty lenient with me. For example, the "official" hours for using our dog park are from sunrise to sunset. But since I am nocturnal, I often take my dogs out in the middle of the night. Just this morning, I took them to the dog park at 2:00 am. Mr. Policeman saw my headlights out that way, and decided to come check, since the dog park is in a "way out there" location. But once I explained to him what I was doing out there, and why at that hour, he was cool with it and left me in peace. 8)

In a neighboring city, it is against the law to be in any of the parks after dark, and the police will stop you and give you a ticket, and make you leave. :roll:
RobbnAtlanta
Posts: 63
Joined: Sat Dec 27, 2008 11:40 am
Location: Atlanta, Ga

Very interesting

Post by RobbnAtlanta »

I noticed when I moved to Atlantadogs seemed to be judged more by breed than any other criteria. I found a list of all the statewide laws for Georgia:

Here are some, but not all, of the dangerous dog laws of Georgia:
4-8-20.
This article shall be known and may be cited as the "Dangerous Dog Control Law."
4-8-21.
(a) As used in this article, the term:
(1) "Dangerous dog" means any dog that, according to the records of an appropriate authority:
(A) Inflicts a severe injury on a human being without provocation on public or private property at any time after March 31, 1989; or
(B) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
. . .
(6) "Potentially dangerous dog" means any dog that without provocation bites a human being on public or private property at any time after March 31, 1989.

4-8-23.
(a) Upon receiving a report of a dangerous dog or potentially dangerous dog within a dog control officer's jurisdiction from a law enforcement agency, animal control agency, rabies control officer, or county board of health, the dog control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article. Any local government shall be authorized but not required to provide by ordinance or resolution for additional duties of a dog control officer in identifying dangerous dogs or potentially dangerous dogs and their owners to carry out the provisions of this article.
(b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing.
4-8-24.
. . .
(b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.
. . . 4-8-25.
(a) It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this Code section.
. . . 4-8-30.
It is the intent of the General Assembly that the owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog

From a statewide perspective, a dog must bite someone more than once in order to be declared a dangerous dog.

I wonder what a bite is defined as legally.

My dog will mouth, and someone once said here every dog has the potential to bite, it's a matter of them learning bite inhibition. The neighborhood kids love playing with my dog and he enjoys it as well and one time they were holding a treat for him to jump up and his open mouth made contact with skin and the child freaked out saying my dog bit him.. I freaked out and took a look and there was nothing there. I decided after that to disallow the children to much more than pet him.
Beetlejuice
Posts: 22
Joined: Sun Oct 18, 2009 11:11 am
Location: Solliès-Pont, FRANCE

Post by Beetlejuice »

I thinked dog's law was hard in france, but i see there's worse ! :x

Why have a dog if we must keep him muzzle and attached !

I like so balad my dog in the forest or near the river !
I do my best for write in a good english, sorry if it's hard to read lol ! :d
Fundog
Posts: 3874
Joined: Wed Dec 03, 2008 8:31 am
Location: A little gambling town in the high desert

Post by Fundog »

I forgot to add: In my state (Utah), if a dog bites someone, the victim has the right to order the dog to be put to sleep. So one bite, and it's over, the dog dies. That right there is probably the scariest dog control law we have in my state.
MaiasMom
Posts: 429
Joined: Wed Oct 22, 2008 1:02 pm
Location: Everett, Washington

Post by MaiasMom »

I live in Washington State, USA. We have 52 Counties and each have a different law about "dangerous" dogs. In a few, Rotties and Pits have been band. These are counties that are known to have an high rate of dog fighting crime and some attacks on people. My dautghter lives in one of these counties and had an old rottie at the time the law went into place. They came to her to tell her that she needed to either get rid of the dog or put her down. Roxie at that time was 9 years old, never was out of the yard, old, could not see well and had hip issues that made it hard for her to walk let alone run, the best thing she had going for her was a deep bark to warn my daughter of people around her house.

My daughter had to prove her dog was no threat to anyone due to the above health conditions. The sad thing is there are many of these dogs out there that are not viciouse animals but that people are the cause of so many problems.

In my county any dog regardless of breed can be put down if it bites a person, even someone breaking into your home. Certain breeds have such a bad reputation that some stupid people get crazy if they even see one. I worry more about the nasty little malteese next door than I do of the pit mix up the street. This little thing will run up and nip you and run away. It's the people that own this dog that need to be punished, not the dog. And you can't, should not keep a dog that bites.
The best days are spent with my dogs.
User avatar
Nettle
Posts: 10753
Joined: Sun Apr 13, 2008 1:40 pm

Post by Nettle »

We have the same thing if a dog bites a burglar or an intruder, which I think is wrong wrong wrong. :evil:
A dog is never bad or naughty - it is simply being a dog

SET YOURSELF UP FOR SUCCESS
wvvdiup1
Posts: 3397
Joined: Tue Mar 17, 2009 2:31 am
Location: Pennsylvania

Post by wvvdiup1 »

I know what you're saying, Nettle, especially when you're dog is trying to protect its territory, which happens to include its "human pack," when in fact, the burglar or intruder was in the wrong the first place! :evil: :evil: :evil:
Fundog
Posts: 3874
Joined: Wed Dec 03, 2008 8:31 am
Location: A little gambling town in the high desert

Post by Fundog »

Similarly, if a burglar has an accident and injures himself while trespassing on your property, he can sue you, the homeowner! But... here in Utah, if you use a gun and shoot said burglar, it is self-defense. If he is injured by being clumsy or if your dog bites him, he can sue.


Another thing to watch out for: The "Beware of Dog" sign you might have hanging on your fence or your door. This implies that you *know* your dog is potentially dangerous or even vicious, and opens you up to more liability and even hassle from neighbors. Whereas, if you don't have the sign, and your dog bites someone (like a burglar), you might be able to get away with claiming it was a very unusual, even surprising behavior, that you had no idea your dog might have reacted that way, as he's "never bitten anyone before." :shock:
User avatar
Nettle
Posts: 10753
Joined: Sun Apr 13, 2008 1:40 pm

Post by Nettle »

Just the same here, Fundog. :evil:

So if your dog bites a burglar, you have to shoot the burglar :idea: hmmm has potential.

Over here of course the law is very hard on owning a gun, and as for using one for self-defence - you'd end up with a longer sentence than the criminal, and having to pay him compensation as well.

I suppose you need a dog big enough to eat the burglar. :mrgreen: maybe get a really savage pig.
A dog is never bad or naughty - it is simply being a dog

SET YOURSELF UP FOR SUCCESS
Fundog
Posts: 3874
Joined: Wed Dec 03, 2008 8:31 am
Location: A little gambling town in the high desert

Post by Fundog »

Heh, heh, heh. I once saw a sign that said, "God grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to hide the body where no one will find it!"

:lol: :lol:

Fortunately for most of us here in the U.S., the Right to Bear Arms is one of the Ten Amendments of our national constitution. And Utah in particular is still really gung-ho on hunting and other sports involving firearms. Granted, there are laws governing who can own a gun, and procedures for legally obtaining one and keeping it, and even where/when you can discharge it. However, the right to keep a gun in the home for protection is still very much in effect for law abiding citizens of the United States of America.
Beetlejuice
Posts: 22
Joined: Sun Oct 18, 2009 11:11 am
Location: Solliès-Pont, FRANCE

Post by Beetlejuice »

New law for january 2010 in france : The owners of dog classified as dangerous must go to a stage for receive a " dangerous dog licence " !
This is for attack and defense dog , This stage coat beetween 80 and 200 Euros ...

It's on two days , the first, a vet look at the dog behaviour, the second is a theoretic lesson for the owner .
I do my best for write in a good english, sorry if it's hard to read lol ! :d
Fundog
Posts: 3874
Joined: Wed Dec 03, 2008 8:31 am
Location: A little gambling town in the high desert

Post by Fundog »

Wow! So Beetlejuice, do the police officers who have police dogs have a "dangerous dog license" for their dogs? Because here in the U.S., police dogs are definitely considered "dangerous," particularly around criminals, heh, heh.

I remember one year while attending a Boy Scout Expo, the local police set up a demonstration to show off how their German Shepherds can help them take down a criminal. In preparation, all of the Scout Leaders were asked to prevent all of the children/youth from running past the demonstration area, and to not enter the demonstration area (taped off) at all. Before releasing the dog, the area had to be secured and made safe for all of the children and other people. The children had to be standing or sitting still, and not running at all. The no running thing was very important. One of the officers remarked about the dog, "He's a weapon, not a pet."
wvvdiup1
Posts: 3397
Joined: Tue Mar 17, 2009 2:31 am
Location: Pennsylvania

Post by wvvdiup1 »

In Pennsylvania, if your dog attacks someone, even on your own property, and you the dog owner are found guilty, not only does your dog taken from you and is "humanely" euthanized at your expense, in addition to fines, court cases, medical bills, and so forth.

However, there is another part of the law that says that if a dog comes onto your property and attacks either you or your dog, you can shoot it! In case you're wondering: do you remember my court case with my neighbor who had the dog that attacked mine on my property back in June or July? Just think I could have shot his dog dead and there wouldn't be anything he could do about it!

And, speaking of signs, how about the one that says "These premises are protected at night by shotgun! It's up to you to find out which night!" Well, I'm in the process of having a sign made up that says "Don't make me let the dog or the lead out!"

To be serious, though, Fundog you made a remark about having "Beware of Dog" signs on your property. Actually, if you have this sign posted on your property and your dog bites someone on your property, you can argue in a court of law that the person bitten had "aforeknowledge" of this potential risk or threat, and therefore, that person knew the risks and still entered onto your property anyway. I think it is common sense that if you know your dog has the potential to bite someone, and you invite someone onto your property, you as the dog's owner should confine your dog in a safe place until that person leaves.
Post Reply