Wednesday, May 26, 2010

Garland is at it again!

Garland is at it again. See the following post by Zandra Anderson at
www.TexasDogLawyer.com
We've cut and paste from her post for your benefit.

LK

Garland Enacts Breed Specific Legislation Illegally

It was brought to my attention today that Garland has enacted fencing
requirements specific to owners of "pit bull dogs" and "pit bull
crossbreeds." Without debating whether such a breed exists and how they
might be identified, our state law specifically forbids any law being
enacted by a city or a county that targets one breed or several breeds of
dogs. If Garland wants to have fencing laws, they can, as long as the laws
apply to all breeds of dogs.

Calling the law a "directive" does not exempt Garland from our state law,
Section 822.047 of the Texas Health & Safety Code which prohibits breed
specific legislation of any kind. Our state law provides:

Sec. 822.047. LOCAL REGULATION OF DANGEROUS DOGS. A county or municipality

may place additional requirements or restrictions on dangerous dogs if the
requirements or restrictions:
(1) are not specific to one breed or several breeds of dogs; and
(2) are more stringent than restrictions provided by this subchapter.

As you can see above, our state law clearly says that the city can place
"additional requirements or restrictions" for their dangerous dog laws, as
long as they are tougher than state law (can never be less stringent than
state law) and they are "not specific to one breed or several breeds of
dogs." Fencing requirements for "pit bull dogs" is in violations of our
state law.

You are encouraged to let the Garland Mayor and Council know your thoughts
on their enactment of this breed specific law. If you live in Garland, be
sure to say so! The address, email addresses and phone numbers are below.

Here is what the Garland requirements provide:

Fencing Requirement for Pit Bull Dogs
http://www.ci.garland.tx.us/Home/Departments/Community+Services/Animal+Servi
ces/as09Pitbull_Landing.htm

Complete directive language:
Fencing Requirement - Pit Bull Dogs
http://www.ci.garland.tx.us/NR/rdonlyres/9F14B7F0-2676-41AD-9C23-B09E38300D7
F/0/PitBullFencingPolicy.pdf

Fencing Requirement - Pit Bull Dogs (Spanish Version)
http://www.ci.garland.tx.us/NR/rdonlyres/46B38EDE-A1DA-4AE0-81C1-6471F4739DE
5/0/PitBullFencingPolicySpanishVersion.pdf

News Release sent May 24, 2010
Garland, Texas - May 24, 2010 -- Garland Animal Services is preparing to
enforce new fencing requirements for pit bull dogs or pit bull crossbreeds.
Pit bull dogs or crossbreeds thereof have been responsible for the most dog
bites since statistics have been kept (2004). Additionally, 27% of the dogs

caught while running at large are pit bull dogs. In response to this
growing public safety problem, Garland Animal Services has developed an
ordinance based directive that requires owners of pit bull dogs to maintain
the animals within a six foot fence.

Specifically, the fence must meet the following requirements:

* The fence must be six feet tall, measured from the ground.
* The fence must be constructed of wooden planks at least ½ inch thick
or 11 gage chain link fencing.
* There may be no gaps or openings larger than 2 inches.
* Fencing must be firmly attached to brace posts buried no less than 18
inches deep.
* All gates must have a locking mechanism that keeps the gates securely
closed.

These directive requirements become effective August 1, 2010.

Pit bull dog owners are exempt from the aforementioned requirements if their
dogs are properly registered prior to August 1, 2010 and if they maintain
compliance with all applicable Animal Service Ordinances such as the display

of city tags and not allowing the dogs to run at large. Pit bull dogs not
registered prior to August 1, 2010 must be maintained within an enclosure
that meets these requirements. Owners who obtain pit bull dogs after August

1st must consider the cost of fence construction as a cost of owning a pit
bull dog.
============================================================================
==========
Please contact and oppose this ordinance:
mayor@ci.garland.tx.us
Mayor Ronald Jones
972-205-2400

council1@ci.garland.tx.us
Councilmember Doug Athas, District 1
972-205-2121

council2@ci.garland.tx.us
Councilmember Laura Perkins Cox, District 2
214-364-9319

council3@ci.garland.tx.us
Councilmember Preston Edwards, District 3
972-271-1908

council4@ci.garland.tx.us
Councilmember Larry Jeffus, District 4
972-686-5698

council5@ci.garland.tx.us
Councilmember John Willis, District 5
214-957-7979

council6@ci.garland.tx.us
Councilmember Barbara Chick, District 6
972-276-2524

council7@ci.garland.tx.us
Councilmember Rick Williams, District 7
972-495-9545

council8@ci.garland.tx.us
Councilmember Darren Lathen, District 8
972-465-0435

Garland City Hall
200 N. 5th Street
Garland, Texas 75040 (this is the snail mail address for the Mayor and all
Councilmembers)

1 comment:

Khyra, Khousin Merdie, And Sometimes Her Mom said...

Just plain sad....

I had never really had much experience with the breed I now call Pibble until I stared transporting...

What gems!