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June 2007
ARC Statement to the City of Warden in response to their proposal to ban 'pit bulls' and Rottweilers.



  

American Rottweiler Club, Inc
Deborah L. Shibley, Sec.
4500 Williams Dr.  #212-193.
Georgetown, TX  78628

The Honorable Mayor Roldan Capetillo 
City Administrator Mike Thompson,
Chief of Police Ken Krebs,
Council Members, et al., 

RE: Your proposal to ban specific breeds of dogs.

Dear Mayor, et al.

An American Veterinary Medical Association Task Force on Canine Aggression and Human-Canine 
Interactions states that, "Concerns about "dangerous" dogs have caused many local governments 
to consider supplementing existing animal control laws with ordinances directed toward control of 
specific breeds or types of dogs.  Members of the Task Force believe  such ordinances are 
inappropriate and ineffective."

In fact, not only have such ordinances failed in many areas where they have been incorporated 
butthey have caused economic concerns due to lack of appropriate facilities to handle intake 
and holding requirements of dogs confiscated. Dogs must be housed while owners are afforded 
their constitutional rights to due process within the legal system and while this is costly at best, an 
ordinance such as this also requires additional man hours to be adequately enforced. It has been 
realized by such communities that enforcement of current laws is actually the most effective method 
of providing a safe environment for their community resulting in many rescinding their ordinances.

The City of Warden should make a concerted effort to insure that irresponsible dog owners are 
held accountable for their dog's actions, even to the point of denying them the future privilege 
of residing with any dog regardless of breed. Temperament and aggressiveness in dogs are traits 
that are far more strongly influenced by environment than genetics. So, please consider enacting 
a law that emphasizes responsible ownership for the benefit of your community. Furthermore, 
there is no scientific proof that genetics cause a breed of dog to be aggressive, vicious or 
dangerous. To create such an ordinance that would require responsible dog owners to lose their 
family companions would mostcertainly be an injustice.  

No breed of dog has "locking jaws", nor can any breed exert much more than 320 psi in bite 
pressure (2005 National Geographic study, Dr. Brady Barr)  There is no breed of canine, wild or 
domestic that has a jaw or mandible structure that would cause or even permit it to "lock".  This 
is a fallacy that started many years ago and since it has been oftentimes repeated, it is assumed
by the unlearned to be a fact.  The statement is without any scientific merit and has been proven
in courts of law to be scientifically false.

The membership of the American Rottweiler Club asks that the City of Warden seriously reconsider
any ordinance that would ban a responsible dog owner the right to share his/her life and family 
with the breed of their choice.  We trustyou will opt to support a reasonable, enforceable and 
non-discriminatory ordinanceto govern the ownership of dogs rather than ban any specific breed.

The following is a list of some cases that have recently addressed breed specific laws in merely one 
state.  Times have changed since the 80's and early 90's and, so has relative science and court 
opinions. 
Toledo v. Tellings, 2006 WL 513946, *513946+, 975+ (Ohio App. 6 Dist. Mar 03, 2006) (NO. L-04-1224)
State v. Cowan, 814 N.E.2d 846, 847+, 144+, 4777+ (Ohio Sep 22, 2004) (NO. 2003-1406)
State v. Murphy, 2006 WL 2532516, *2532516+, 4549+ (Ohio App. 3 Dist. Sep 05, 2006) (NO. 9-06-24)
State v. Walker, 841 N.E.2d 376, 377+, 114+, 5592+ (Ohio App. 2 Dist. Oct 21, 2005) (NO. 2005-CA-14)
City of Highland Heights v. Manos, 2004 WL 2578907, *2578907+, 6016+ (Ohio App. 8 Dist. Nov 10, 2004) 
(NO. 84238)

Respectfully yours


Diane Garnett, President
Cc: file