Guest Column
Diane Thompson
Proposed legislation would punish breeds, not deeds
Guest Column
Diane Thompson
I would like to express my opposition regarding bill A2906 — sponsored by Assemblyman John Burzichelli — which provides a municipality with the option of introducing breed-specific legislation. This bill proposes the imposition of onerous, if not impossible, conditions on the owners of pit bulls, "pit bull type" dogs or Rottweilers.
New Jersey state law prohibits labeling a dog "dangerous" based on breed alone. A2906 is contrary to existing state law.
New Jersey has a good "dangerous dog" law in place — N.J.S. 4:19-36 (Vicious and Potentially Dangerous Dog Act). The key to solving dangerous dog problems is not to pass arbitrary new restrictions but to enforce the existing law.
N.J.S. 4:19-36 provides for the control of any dog which is found to be dangerous based on the dog’s behavior, irrespective of breed. The current statute reflects more than a year of hearings and research and provides for the seizure or even the destruction of any dog that inflicts serious injury on a person or another domestic animal. It also imposes the same controls proposed by A2906 (insurance, special license, enclosure, muzzling requirements, etc.) on any dog deemed by its conduct to be potentially dangerous.
In contrast to A2906, which imposes requirements on the owners of certain breeds of dogs regardless of whether or not the dogs have ever demonstrated any aggressive tendencies, the legislation which is currently in place provides for due process in the form of a hearing before a dog is deemed dangerous and therefore subject to restrictions.
Assembly bill A2906 completely disregards all of the research that went into N.J.S. 4:19-36, which dispelled the conceptions regarding individual breeds and the effect of breed legislation.
Also ignored by A2906 is the fact that imposing restrictions on pit bull-type dogs or Rottweilers does not achieve the goal of promoting public safety. Under certain circumstances, all dogs can be dangerous in the hands of irresponsible owners. Breed-specific legislation does not address the issue of the small percentage of owners who pose the real problem with dog attacks. A five-year study published in the Cincinnati Law Review, which considered both Rottweilers and pit bulls, concluded that "… statistics did not support the assertion that any one breed was dangerous. … When legislation is focused on the type of dog, it fails because it is … unenforceable, confusing and costly."
Focusing legislation on dogs that are "vicious" distracts attention from the real problem, which is irresponsible owners.
In recently updated data on dog bites for the period of 1989 to 1994 from the National Center for Injury Prevention and Control, the Centers for Disease Control and Prevention, and the Humane Society of the United States, the authors concluded that "most of the factors contributing to dog bites are related to the level of responsibility exercised by the dog owners" rather than the specific breed of dog. Therefore, A2906 does not address the public safety issues that appear to have prompted it. Rather, it is a knee-jerk reaction, which has been rejected by the Legislature of this state and other states, including New York.
Breed-specific laws are unfair to responsible owners of the restricted breeds. Deeds, not breeds, should be the determining factor.
Breed-specific laws increase costs for the community. Administrative costs, enforcement costs and shelter costs will skyrocket under A2906.
Uniformly enforced dangerous-dogs laws — like the existing New Jersey law — will force all owners to be responsible, regardless of what breed they own.
Countless national animal organizations — the American Kennel Club, the American Veterinary Medical Association, American Society for the Prevention of Cruelty to Animals, National Animal Control Association, National Animal Interest Alliance, and others — oppose breed-specific legislation because they know it simply doesn’t work.
A vote for A2906 only hurts the dogs and the families who love them.
Diane Thompson is a resident of Jackson.