|
November 10, 2002
REPORT OF THE LEGISLATION COMMITTEE
By Joan Tabor
NEW
JERSEY ASSEMBLY BILL 2906
Despite the fact that
New Jersey State law prohibits breed-specific legislation, Assemblyman John
Burzichelli introduced A2906 on October 10th. The bill
authorizes municipalities to require a license for people to own a “pit
bull”, defined as an American Pit Bull Terrier, American Staffordshire
Terrier, Staffordshire Bull Terrier, or any dog deemed to be a mix of these
breeds. Owners could be forced to provide proof that their dog was not a
“Pit Bull”, or a “Pit Bull” mix, although there would be an appeal process.
License fees would be no more than $700 annually. Applicants would be
required to post a sign on their property warning of a “Pit Bull”, erect a
secure enclosure and obtain liability insurance. Residents under 18 would
not be permitted to own a “Pit Bull”, nor would those who have been
convicted of a fine. Violators would be subject to a fine of $1,000 per
day. On October 24th the Assembly Committee on Agriculture and
Natural Resources reported favorably and have only made several minor
amendments. This was the second reading.
What You Can Do to Help: Call
Contact the Bill’s sponsors and co-sponsors and tell
them you oppose Bill A2906 (see the accompanying letter which the Federation
sent out to all members of the NJ State Assembly).
Assemblyman
Burzichelli (main sponsor)
Thorofare Office: 856-251-9801
Bridgeton Office: 856-455-1011
Salem Office: 856-339-0808
Assemblyman Gary Guear, Sr. (co-sponsor)
Hamilton Office: 609-587-4644
Assemblyman Jerry Green (co-sponsor,
Deputy Speaker of the Assembly)
Plainfield Office: 908-561-5757
Mims Hackett, Jr. (former co-sponsor)
withdrew his support
District 27, Essex County
Contact the leaders of the Assembly.
Hon. Albio Sires,
Speaker of the NJ Assembly
303 58th Street
West New York, NJ 07093
201- 854-0900
Hon. Peter J. Barnes,
Majority Whip, NJ Assembly
1967 Route 27 Suite 20
Edison, NJ 08817
732-287-5609
Hon. Arline Friscia,
Assistant Majority Whip
245 Main St.
Woodbridge, NJ 07095
Hon. Robert J.
Smith, II, Assistant Majority Whip
110-F Greentree Road
Turnersville, NJ 08012
856-232-6700
The letters and phone calls should
identify the caller/writer as a constituent and should include the following
points:
New Jersey has a dangerous
dog law (N.J.S. 4:19) which if it is enforced will protect the public from
irresponsible owners.
A2906 is wrong for New
Jersey because all it does is punish responsible dog owners since criminals
will simply switch to another breed of dog if their dogs are seized.
Focusing on one breed of dog
does not promote public safety because any dog is
dangerous in the hands of an irresponsible owner.
It has been proven time and
time again, breed restrictions never work because
any dog can bite.
A vote for A2906 only hurts the dogs and the families who love
them.
FOR MORE UP-TO-DATE INFORMATION ON A2906
GO TO:
www.njleg.state.nj.us This bill has been moving so fast that it may be
out of the Assembly by the time you receive this.
This is a copy of the letter that has been sent to all
members of the New Jersey State Assembly by the NJ Federation:
Hon.________________________________
Re: Assembly Bill 2906
Dear Assemblyman (woman)___________:
The New Jersey Federation of Dog Clubs, Inc. (NJFDC)
is an organization devoted to “promoting the welfare of dogs”, protecting
and advancing the interests of dogs and to educating the general public with
respect to the proper selection, care and maintenance of dogs and
responsibility of dog ownership. The Federation is composed of over 80
member clubs in New Jersey. Each club has its own membership list.
NJDFC is writing to express its opposition of its
membership to Assembly Bill 2906 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 ownership of a
dog known as a pit bull or “pit bull type” dog .
This bill would have the effect of repealing, in part,
N.J. S. 4:19-36 (Vicious and Potentially Dangerous Dog Act), which
specifically prohibits:
Any law, ordinance, or
regulation concerning vicious or potentially
dangerous dogs, any specific breed of dog, or any
other type of dog inconsistent with this act enacted by any
municipality, county, or local board of health (emphasis
added).
N.J.S.A.4:19-36 provides for the control of any dog,
which is found to be dangerous based on the dogs’ behavior, irrespective of
breed. The current statute reflects more than a year of hearings and
research and provides for the seizure and 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 2906 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.
The breed referred to in A2906 as “pit bulls” is not a
breed. It is a type of dog sharing general characteristics. It has suffered
in recent years, however, at the hands of a small number of owners who have
abused their dogs, creating a danger to themselves and others. Treating all
of these dogs as presumptively dangerous has no scientific or empirical
basis. On the contrary, unpredictability is not an inherent characteristic
of the bull terrier breeds. One of foremost qualities of these dogs is their
intense loyalty and love of people.
For example, one of the breeds sharing the
characteristics described above is the Staffordshire Bull Terrier whose
American Kennel Club standard reads in part:
“…the modern dog draws his character of indomitable
courage, high intelligence, and tenacity. This
coupled with his affection for his friends and
children in particular, his quietness and trustworthy stability, makes him
the foremost all-purpose dog.
Also ignored by A2906 is the fact that imposing
restrictions on “pit bull type dogs” 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 by the National Center for Injury Prevention and Control, the
Center 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.
A fact sheet outlining some of the reasons that A2906
is wrong for New Jersey is enclosed.
We propose in the strongest possible terms that you
oppose this bill. We are available to meet with you and provide additional
information to answer any questions.
Very truly yours,
Priscilla Gabosch
President
cc: Member Clubs
American Airlines Update:
In the past few weeks fanciers have flooded American
Airlines with calls, e-mails and letters in regard to the recent ban on
shipping certain breeds of dogs. Unfortunately, American Airlines has
ignored concerns and refuses to lift its ban. If you have not already done
so, please mail, fax or e-mail opposition comments to the president of
American Airlines:
Mr. Gerard Arpey
President, American Airlines
P.O. Box 619612, Mail Drop 2400
DFW Airport, TX 75261-9612
Fax 817-967-4162
E-mail: GerardArpey@AA.com
|
