I thought this appropriate, considering the discussions regarding the
Pit Bull ban. There are 9 other dogs on the 'Dangerous Dog' list.
Apparently, I own two dangerous dogs, and know and love dozens of
others. Better watch my back.

Suja

------------------------------------------

SB 1790 INTRODUCED

Introduced 2/25/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

Amends the Animal Control Act. Requires owners of certain breeds of dogs
to license the dogs as dangerous dogs and to maintain canine liability
insurance. Requires a dog licensed as a dangerous dog to wear an orange
tag issued along with the license whenever the dog is dwelling or
roaming in a public place. Provides for the renewal of the license and
the tag every 3 years
and on and after July 1, 2006, makes issuance or renewal of a license
contingent upon maintenance of canine liability insurance. Requires the
Division of Insurance of the Department of Financial and Professional
Regulation to cooperate with insurance companies to develop a plan for
canine liability insurance and requires implementation of the plan by
July 1, 2006. Authorizes the imposition of reasonable fines and imposes
criminal penalties for violation of the licensing and canine liability
insurance requirements. Authorizes impoundment of the dog until all
fines are paid and the owner is in compliance with the licensing and
insurance provisions. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.

Section 5. The Animal Control Act is amended by changing Sections 2.05a,
15.1, and 15.3 as follows:

Sec. 2.05a. "Dangerous dog" means (i) any individual dog when unmuzzled,
unleashed, or unattended by its owner or custodian that behaves in a
manner that a reasonable person would believe poses a serious and
unjustified imminent threat of serious physical injury or death to a
person or a companion animal in a public place and (ii) any dog of a
breed required to be licensed as a dangerous dog under subsection (c-5)
of Section 15.1 .(Source: P.A. 93-548, eff. 8-19-03.)

Sec. 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending, within 3 days of
the Administrator or Director becoming aware of the alleged infraction,
notifications to the owner of the alleged infractions, the fact of the
initiation of an investigation, and affording the owner an opportunity
to meet with the Administrator or Director prior to the making of a
determination; gathering of any medical or veterinary evidence;
interviewing witnesses; and making a detailed written report, an animal
control warden, deputy administrator, or law enforcement agent may ask
the Administrator, or his or her designee, or the Director, to deem a
dog to be "dangerous". No dog shall be deemed a "dangerous dog" under
this subsection without clear and convincing evidence. The owner shall
be sent immediate notification of the determination by registered or
certified mail that includes a complete description of the appeal process.

(b) A dog shall not be declared dangerous under subsection (a) if the
Administrator, or his or her designee, or the Director determines the
conduct of the dog was justified because:

(1) the threat was sustained by a person who at the time was committing
a crime or offense upon the owner or custodian of the dog;

(2) the threatened person was tormenting, abusing, assaulting, or
physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion animal was attacking or
threatening to attack the dog or its offspring; or

(4) the dog was responding to pain or injury or was protecting itself,
its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified
veterinary behaviorist, or another recognized expert may be relevant to
the determination of whether the dog's behavior was justified pursuant
to the provisions of this Section.

(c-5) Any dog that is of any of the following breeds shall be deemed to
be a dangerous dog by the Administrator or Director and shall be
registered by its owner as a dangerous dog:

(1) Pit bull.
(2) Rottweiler.
(3) German shepherd.
(4) Huskies.
(5) Alaskan malamute.
(6) Doberman pinscher.
(7) Chow chow.
(8 ) Great Dane.
(9) St. Bernard.
(10) Akita.

Upon registration, the Administrator or Director shall issue a dangerous
dog license to the owner and may require the owner to pay a reasonable
fee. Each dog licensed under this subsection shall also be issued an
orange tag that shall be worn by the dog whenever it is dwelling or
roaming in a public place. The license and the tag shall be renewed by
the owner 3 years after the date of issuance and every 3 years
thereafter for the life of the dog. The Administrator or Director shall
maintain a registry of all dogs licensed under this subsection.

On and after July 1, 2006, the owner of any dog required to be licensed
under this subsection shall maintain canine liability insurance for the
life of the dog and no license shall be issued or renewed under this
subsection unless the owner provides proof of canine liability
insurance. The Division of Insurance of the Department of Financial and
Professional Regulation shall, in
cooperation with insurance companies authorized to do business in this
State, create a program of canine liability insurance. On or before
February 1, 2006, the Division shall report to the General Assembly
concerning its plan for canine liability insurance and shall recommend
action necessary to implement that plan. The Division shall implement
the plan no later than July 1, 2006.

The Administrator or Director may impose a reasonable fine against any
person that fails to register or renew an existing license or fails to
maintain canine liability insurance in accordance with this subsection
and may impound the dog until the fine is paid and the owner is in
compliance with this subsection. Any person found to be in violation of
this subsection is guilty of a Class C misdemeanor for the first offense
and a Class B misdemeanor for the second or any subsequent offense.

(d) If deemed dangerous under subsection (a) or licensed as a dangerous
dog under subsection (c-5) , the Administrator, or his or her designee,
or the Director shall order the dog to be spayed or neutered within 14
days at the owner's expense and microchipped, if not already, and one or
more of the following as deemed appropriate under the circumstances and
necessary for the protection of the public:

(1) evaluation of the dog by a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert in the
field and completion of training or other treatment as deemed
appropriate by the expert. The owner of the dog shall be responsible for
all costs associated with evaluations and training ordered under this
subsection; or

(2) direct supervision by an adult 18 years of age or older whenever the
animal is on public premises.

(e) The Administrator may order a dangerous dog to be muzzled whenever
it is on public premises in a manner that will prevent it from biting
any person or animal, but that shall not injure the dog or interfere
with its vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support dogs for the
physically handicapped, and sentry, guard, or police-owned dogs are
exempt from this Section; provided, an attack or injury to a person
occurs while the dog is performing duties as expected. To qualify for
exemption under this Section, each such dog shall be currently
inoculated against rabies in accordance with Section 8 of this Act and
performing duties as expected. It shall be the duty of the owner of the
exempted dog to notify the Administrator of changes of address. In the
case of a sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of the exempted dogs, and shall promptly notify the
departments of any address changes reported to him or her. (Source: P.A.
93-548, eff. 8-19-03.)

(c-5) Any dog that is of any of the following breeds shall be deemed
to
be a dangerous dog by the Administrator or Director and shall be
registered by its owner as a dangerous dog:

(1) Pit bull.
(2) Rottweiler.
(3) German shepherd.
(4) Huskies.
(5) Alaskan malamute.
(6) Doberman pinscher.
(7) Chow chow.
(8 ) Great Dane.
(9) St. Bernard.
(10) Akita.

This just pisses me off.

According to this, my almost 12 year old Great Dane, the friendliest,
gentlest dog ever created, a certified Therapy Dog, is a Dangerous Dog.

I'm glad the BSL proposal here in New Mexico was kicked to the curb by
the Governor... he even stated "it's not the breed, it's the owners..."

Dogs are all evil and bite babies' faces off. Why do you help these
guardians of satan. Why?

Ronna wrote:
(c-5) Any dog that is of any of the following breeds shall be
deemed
to
be a dangerous dog by the Administrator or Director and shall be
registered by its owner as a dangerous dog:

(1) Pit bull.
(2) Rottweiler.
(3) German shepherd.
(4) Huskies.
(5) Alaskan malamute.
(6) Doberman pinscher.
(7) Chow chow.
(8 ) Great Dane.
(9) St. Bernard.
(10) Akita.

This just pisses me off.

According to this, my almost 12 year old Great Dane, the friendliest,
gentlest dog ever created, a certified Therapy Dog, is a Dangerous
Dog.

I'm glad the BSL proposal here in New Mexico was kicked to the curb
by
the Governor... he even stated "it's not the breed, it's the
owners..."

On Thu, 03 Mar 2005 12:20:43 -0500, Suja wrote:

(c-5) Any dog that is of any of the following breeds shall be deemed to
be a dangerous dog by the Administrator or Director and shall be
registered by its owner as a dangerous dog:

(1) Pit bull.
(2) Rottweiler.
(3) German shepherd.
(4) Huskies.
(5) Alaskan malamute.
(6) Doberman pinscher.
(7) Chow chow.
(8 ) Great Dane.
(9) St. Bernard.
(10) Akita.

Oh yeah, those killer St. Bernards going around getting everyone drunk
and disorderly!

--
Paula
"Anyway, other people are weird, but sometimes they have candy, so it's best to try to get along with them." Joe Bay

"Paula" wrote in message
...

Oh yeah, those killer St. Bernards going around getting everyone drunk
and disorderly!

LOL!

St. Bernards have caused, what 2-3 deaths in the last zillion years in the
US?

I'll grant ya, a Saint could cause a lot of damage if it wanted to. But
surely the majority of them are like mine. He just wants to slobber your
face, then lie down and take another nap.

flick 100785


--
Paula
"Anyway, other people are weird, but sometimes they have candy, so it's
best to try to get along with them." Joe Bay

"flick" wrote in message
...
"Paula" wrote in message
...

Oh yeah, those killer St. Bernards going around getting everyone drunk
and disorderly!

LOL!

St. Bernards have caused, what 2-3 deaths in the last zillion years in the
US?

I'll grant ya, a Saint could cause a lot of damage if it wanted to. But
surely the majority of them are like mine. He just wants to slobber your
face, then lie down and take another nap.


I saw the St. Bernards on the list and was going to say something, but I am
not very knowledgable about the breed (other than the boom in popularity
because of "Beethoven" sigh and limited association with a few in my
life...chance meetings here and there). They seem like a "lug" breed,
though...sort of like Newfies.

As far as the Great Danes...they've never met my sister's RETARDED Great
Dane, Bella. Sheesh...what an ox...but wouldn't hurt a fly (that's Jack's
job, he's the *official* fly catcher...only thing he isn't scared of).

Mali

On Fri, 4 Mar 2005 01:23:55 -0600, "flick" wrote:



I'll grant ya, a Saint could cause a lot of damage if it wanted to. But
surely the majority of them are like mine. He just wants to slobber your
face, then lie down and take another nap.


I've met mostly nasty ones. Wonder if it's regional.

--
Janet B
www.bestfriendsdogobedience.com
http://pg.photos.yahoo.com/ph/bestfr...ence/my_photos

my experience with German shepherd is that
they can be but are not necessarily aggressive
- I'm more prone to think of an individual dog's
behavior is a reflection of the dog's training,
e.g. certain law enforcement dogs are trained
to attack a person by command.

The only Chow Chow I've had to deal with
is standoffish but well-mannered. I suppose
his large size is intimidating and his
huge bear like mouth does look dangerous.
However, IMHO the greatest threat is to the
sofa and carpet from the his excessive
drooling (9_9).

By nature any pack of dogs has the
potential of becoming dangerous or
aggressive. One can argue there is
a significant risk difference of being
attacked by a group of rottweiler
than a pack of toy poodles. In either
case, that risk to humans is mitigated when
the human maintains control of the group
as the alpha (pack leading) dog.

Janet B wrote in
:

On Fri, 4 Mar 2005 01:23:55 -0600, "flick" wrote:



I'll grant ya, a Saint could cause a lot of damage if it wanted to.
But surely the majority of them are like mine. He just wants to
slobber your face, then lie down and take another nap.


I've met mostly nasty ones. Wonder if it's regional.

I wonder if ST Bernards (and other big lummoxy dogs) get the same treatment
that toy dogs seem to get from JQP.

With toy dog, their smallness and cuteness means that JQP gives them a free
pass on pretty much anything they do because it is cute. (EG - Lab swi[es
food from plate, BAD DOG!! Miniature schnauzer swipes food from plate
(after jumping to chair and is standing in the missdle of the table) it is
cute). St Bernards might get a free pass because they are lummoxy, and
their reputation...


--
Marcel and Moogli

"Janet B" wrote in message
...

I've met mostly nasty ones. Wonder if it's regional.

Nasty in what way?

Ours will alarm bark if somebody pulls into the driveway, but when people
come inside with us, he's just a big darling drooler. And he's great at the
vet. He is not automatically friendly with other dogs, though.

I wonder if they're too much for a lot of people in the house, and they
relegate them to the yard and forget about 'em??

flick 100785


--
Janet B
www.bestfriendsdogobedience.com
http://pg.photos.yahoo.com/ph/bestfr...ence/my_photos