Hearing Officer Says Miami-Dade County Pit Bull Ban Unenforceable!
|March 19, 2009||Posted by russmead under Breed Bans|
Miami-Dade County, Florida (March 19, 2009) Miami Coalition Against Breed Specific Legislation (MCABSL) and Animal Law Coalition applaud a hearing officer’s ruling that the Miami Dade County Pit Bull ban is too vague, and the county cannot enforce the finding by animal control that a dog named ApolloÂ is a pit bull that must be euthanized or removed from the county.
The ruling came in a case challenging the finding by Miami Dade County Animal Control that a family pet named Apollo was a "pit bull" that must be removed from the county or euthanized.
In Ordinance No. 89-22, the county bans all dogs that "substantially conform" to American Kennel Club standards for American Staffordshire Terriers or Staffordshire Bull Terriers or United Kennel Club standards for American Pit Bull Terriers.
To determine if a dog substantially conforms to these standards, animal control uses a chart that lists 15 body parts such as "head", "neck", "lips", "chest", "eyes", "tail", "hind legs", etc. The officer places a check mark to indicate whether each characteristic conforms or not to a pit bull. If 3 or more characteristics are checked "conform", the dog is declared a pit bull. The county’s pit bull evaluation form is attached at the end of this article and can be downloaded.
Rima Bardawil, the attorney for Apollo, pointed out that there is no such chart authorized by the ordinance and it is not clear what standards animal control is using in making its determinations.
Also, Dahlia Canes, executive director of MCABSL, testified that animal control is "constantly" mis-identifying the breeds of dogs. She told the court about one dog that was declared by an animal control officer to be a pit bull mix and ordered euthanized.Â Canes arranged to have the dog re-evaluated and he was determined to be a mastiff mix. The dog was then adopted to a family in Miami-Dade County.
In this case the animal control officer photographed Apollo from several feet away and then using the photo, picked body parts he said he thought conformed to pit bull standards, whatever those are.
As Canes pointed out later, "Many breeds of dogs and mixes have the same or similar traits. It is impossible to determine breed this way. Seriously, you are going to say a dog is a pit bull based on 3 traits like round eyes, broad shoulders and a muscular body? Â Dogs are many times genetically a mix of many different breeds. The judge agreed. This proves breed shouldn’t be a factor in deciding whether a dog presents a danger."
Go here for more on a possible legal challenge to the Miami Dade County pit bull ordinance.
Miami Coalition Against Breed Specific Legislation was formed in 2008 and its members work for the repeal of the Miami Dade County pit bull ban. For more information visit, http://www.mcabsl.wildapricot.org/Â Â Â