New Mexico Sen. Sue Wilson Beffort plans to introduce legislation during the upcoming session that would label "pit bull" dogs dangerous and require their owners to comply with various extra requirements.---
The bill, called the Dangerous Dog Act, defines "dangerous dog" as either of the following:
- A dog that has caused serious injury to or the death of a human or domestic animal
- A pit bull
The bill defines a pit bull as a mix of American Bull Terrier (the 'Spuds Mackenzie' or Target mascot type dog) and / or Staffordshire Bull Terrier, or a dog conforming to those breeds' characteristics. Interestingly, a purebred specimen of either breed, if registered with the American Kennel Club, is exempt from the restrictions.
Under the draft legislation, pit bulls can be seized by animal control if they aren't registered in their county or city or if animal control "has probable cause to believe that a dog is a potentially dangerous dog and poses a threat to public safety" and can secure a warrant for its seizure.
The dog can then be euthanized if the owner "admits that the dog is dangerous" and transfers ownership of it to animal control authorities, or if the owner fails to register it within 30 days.
Typically, dog owners have to register their dogs annually in their city or county of residence, usually by paying a small fee and providing proof of an up-to-date Rabies vaccination. Under the draft legislation, pit bull owners could register their dog only if it:
- Is spayed or neutered
- Is microchipped
- Has graduated from a "socialization and behavior program"
- Is on a leash no longer than four feet and caged or muzzled when off the owner's property
- Is insured for $100,000
"Every time someone bases legislation on fear or inaccurate information, the animal welfare communities have to stop what they're doing [and address it]," says Melissa Roberts, Co-Founder and Executive Director of New Mexico Pets ALIVE. "It's a drain on the limited resources we have."
Beffort didn't immediately return SFR's email asking for a comment.
The most recent high-profile dog mauling in the state involving pit bulls was the April death of Margaret Salcedo in Elephant Butte. Salcedo was attacked by four dogs identified as pit bulls. Salcedo's brother Gary has said that he doesn't know if breed-specific bans are the answer, but believes there should be a better way to hold owners of vicious dogs accountable.
According to data from the American Temperament Test Society, which tests different dog breeds for signs of aggression, 84.2 percent of Staffordshires and 86.4 percent of Bull Terriers didn't show any signs of aggression. The average score for all breeds is 77 percent. Research from 2008 published in the journal Applied Animal Behaviour Science rated Dachsunds and Chihuahuas the most aggressive toward people. The French face-transplant recipient who was mauled severely in 2006 after she passed out in a drug-induced stupor was the victim of the breed perhaps most widely regarded as gentle and family-friendly: the Laborador Retriever.
"There is no such thing as a dangerous dog by birth," Roberts says. "There's mountains of evidence, not just in the US, but abroad. So many places have repealed all their breed-specific legislation because it doesn’t work. Their dog attack statistics didn’t go down."
Implementing the legislation would cost a little less than $3 million annually, according to a fiscal impact report prepared by Best Friends Animal Society.
"Giving law enforcement the ability to seize an animal would affect tens of thousands of families in New Mexico," Roberts says.
