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| Subject:
Restrictions on dogs
Category: Miscellaneous Asked by: alj-ga List Price: $50.00 |
Posted:
11 May 2002 08:05 PDT
Expires: 17 Jun 2002 10:35 PDT Question ID: 15223 |
Name one(or more)town within the continental United States that does not permit the ownership of dogs - or, at least, restricts ownership to those who receive special permission. Such town(or enclave, or city) should have a definite geographical area, a year round residential community, and be a distinct political entity - no trailer parks or retirement communities. |
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| There is no answer at this time. |
| The following answer was rejected by the asker (they received a refund for the question). | |
| Subject:
Re: Restrictions on dogs
Answered By: axe-ga on 11 May 2002 10:48 PDT |
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Hi! I was unable to find a city or municipality (that has its city codes indexed by search engines, at least) that outright bans dog ownership. I also called a friend at the American Dog Owner's Association (http://www.adoa.org), and he was unaware of any city or municipality in the US that does so. However, I was able to find one small town and one big city that require permission/licensing: The town of Wood-Ridge, NJ requires any dog residing in the municipality for more than 10 days to obtain a license, according to the Wood-Ridge city code: http://www.wood-ridge.com/code/Dogs-and-Other-Animals-Pg13401.pdf [Adobe Acrobat Reader Required] Among other things, it lists: "Licenses shall be required for the following dogs or cats of licensing age: A. Any dog or cat owned or kept within the borough by a resident of the borough on Jan 31 of any year. B. Any dog or cat aquired by any person during the course of any calendar year and kept within the borough for more than 10 days after aquisition. [...] D. Any unlicensed dog or cat brought into the borough by any person and kept within the borough for more than ten days." [Page 4] "The Animal Control Officer is authorized and empowered to cause the destruction of any unclaimed dog or cat, in as humane manner as possible, under the following contingencies. A. When a dog or cat so seized has not been claimed by the person owning, keeping, or harboring the dog within 7 days after notice or within 7 days of the dog's or cat's retention, including maintenance, and if the seized dog or cat is unlicensed at the time of its seizure and the person owning, keeping or harboring the dog or cat has not produced a license and registration tag for the dog or cat." [Page 14] In other words, if you don't license your dog, and they catch it, they will kill it after a week. Not the best place to live, in this researcher's opinion! Burbank, California has a similar code: http://www.ci.burbank.ca.us/cityclerk/bmc/CHAPTER%206%20-%20NEW.pdf [Adobe Acrobat Reader Required, Large Document] "Sec. 6-507. Necessity for Dog Registration; Exceptions. No person owning or having custody or control of any dog over the age of four (4) months shall keep such dog unless the dog is validly licensed with the City as provided by this article; provided, however, that the provisions of this article shall not apply to any dog owned by or in the care or charge of a nonresident of the City who is traveling through the City or temporarily sojourning therein for a period not exceeding thirty (30) days, nor to any dog temporarily brought into the City for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dog is so entered and not kept elsewhere in the City, nor to any "Seeing Eye" dog while being kept in training or after being acquired by the blind. Dogs in a licensed kennel must be kept exclusively in such kennel; otherwise they must be registered as provided in this article." [Sec 6-507, Page 22] "The said Superintendent shall capture and impound any animal found within the City limits not wearing a registration or license tag issued by the City or by any other municipality in the County of Los Angeles or by the County of Los Angeles." [Sec 6-206, Page 12] Burbank's code doesn't explicitly state what the city does with unclaimed, unlicensed animals. I hope the above answers your question. I'm personally somewhat relieved that there doesn't seem to be a city that has outright banned dogs! To answer your query, I used the following search terms: "dog ownership" permission municipality ://www.google.com/search?hl=en&q=%22dog+ownership%22+permission+municipality "dog ban" ://www.google.com/search?hl=en&q=%22dog+ban%22 "dog ban" municipality ://www.google.com/search?hl=en&q=%22dog+ban%22+municipality "restrict dog ownership" ://www.google.com/search?q=%22restrict+dog+ownership%22&hl=en "ban dog ownership" ://www.google.com/search?q=%22ban+dog+ownership%22&hl=en Have a great weekend! Axe | |
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| Subject:
Re: Restrictions on dogs
From: penguin-ga on 11 May 2002 11:13 PDT |
Hi ALJ! In addition to the above answer, I have found articles discussing breeding restrictions, number limits, and Nuisance laws pertaining to dogs in the US, but have yet to find any place that restricts all dogs within its limits. Dog Owners Guide: Dogs and the Law http://www.canismajor.com/dog/laws1.html Ohio is one state that requires pet registration. Ohio law requires dogs to be licensed in the county of residence and to under the control of the owner at all times. License renewals are due between December 1-January 20; new licenses must be obtained within 30 days of arrival in the county or when a puppy reaches the age of three months. License programs are administered by county auditors; license fees are set by the commissioners according to a formula set by the state. License money is deposited in the dog and kennel fund to pay farmers for livestock lost to unidentified dogs, finance the administration of the program, and fund the incarceration of stray dogs for five days (unlicensed) or 14 days (licensed). The law also requires dog to be under the control of their owners at all times. Loose dogs can be impounded and the owners cited for violation. About 2.2 million stray dogs enter animal shelters each year, and only about 600 thousand are returned to their owners. Many dogs never find their way home because they lack identification, and the best bargain in town for identification is the state-mandated dog license. Some counties have separate animal control agencies, but many contract with an animal shelter to house the strays. Larger counties tend to choose separate agencies; Montgomery County (Dayton, Ohio); Lucas County (Toledo, Ohio); and Franklin County (Columbus, Ohio) all operate an animal control division separate from the county humane society. Some counties have integrated programs in which the dog wardens and the humane society share facilities but are compensated separately. Hamilton (Cincinnati. Ohio) and Clermont (Near Cincinnati) counties are even more closely tied; both have animal control programs run by the local humane society. License fees near Cincinnati range from $8 (Franklin County) to $12 (Lucas County), with most set at $10. Hamilton County's license fee is $9. Making Sparky legal: Ohio dog laws http://www.canismajor.com/dog/ohlaws.html Rott-n-Chatter.com lists those towns and counties where specific breeds are banned in the continental United States. Mostly Pit Bulls, American Bull Dogs, and Chows. http://www.rott-n-chatter.com/rottweilers/laws/breedspecific.html Several likes to breed specific legislation are found here. The Stafford Exchange http://www.staffordmall.com/exchangebsl.htm Several of the sites mention conflict with dog bans and the US Constitution's Fourteenth Amendment, because the dog is the property of the dog owner. "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ( http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html ) I hope this helps! Penguin |
| Subject:
Re: Restrictions on dogs
From: websearcher-ga on 11 May 2002 12:39 PDT |
Another site which lists Canine Legislation Alerts is the American Kennel Club at: http://www.akc.org/love/dip/legislat/legislative_alerts.cfm This would help you decide where to live if yu're either pro-dog or anti-dog. |
| Subject:
Re: Restrictions on dogs
From: mmi-ga on 11 May 2002 15:11 PDT |
maybe I'm missing something here, but when alj-ga referred to "those who receive special permission," I don't think generic "licensing" is applicable - don't many US jurisdictions require dogs to be licensed? |
| Subject:
Re: Restrictions on dogs
From: answerguru-ga on 11 May 2002 17:01 PDT |
Yes, I agree with mmi-ga...I didn't answer this question because I didn't find any area that restricted dogs outright. I think the "special permission" that alj-ga was referring to would include seeing eye dogs for the blind etc.. |
| Subject:
Re: Restrictions on dogs
From: seedy-ga on 12 May 2002 06:00 PDT |
"...enclave..." Well, I live part of the year at Waikoloa Villas on
the Big Island of Hawaii. It is a distinct property with physical
boundaries (golf course, ravine, roads)within Waikoloa Village. Our
condo rules do not allow pets of any kind and I have never seen a pet
in the sixteen years we have owned our property. While Waikoloa
Village itself does allow pets, the Villas does not. If you would
consider this distinct area an "enclave" then there are hundreds of
such areas in the USA with such restrictive covenants. " PETS: No
pets are allowed on Villas? property except guide dogs. PLEASE DO NOT
FEED THE WILD CATS OR DUCKS BECAUSE THIS WILL ENCOURAGE THEM TO STAY
AROUND."
http://www.waiklolavillas.com
Do you consider these type of restrictive covenants to be responsive
to your question?? |
| Subject:
Re: Restrictions on dogs
From: hifigadgetguy-ga on 12 May 2002 22:26 PDT |
The following site provides a very good overview of dog control laws ... THE NEW BREED OF MUNICIPAL DOG CONTROL LAWS: ARE THEY CONSTITUTIONAL? http://www.grapevine.net/~wolf2dog/review.htm In particular ... "Courts have upheld a wide variety of canine control ordinances based on the Sentell principle that the state's police power to control dogs is virtually unlimited. (40) Modern canine control laws take various forms and cover numerous areas including licensing and registration, (41) running at large, (42) disease control, (43) kennels and breeding, (44) sanitation, (45) summary destruction, (46) ownership limitations, (47) and fighting. (48) Procedures for violations of dog regulations usually proscribe impoundment of the dog, notice to the owner, release of the dog upon payment of fines or destruction of the dog if it is not claimed. (49)" Of particular interest may be the link to case law concerning 'ownership limitations, (47)' which provides the following ... "But see Smith v. Steineauf, 140 Kan. 407, 412, 36 P.2d 995, 998 (1934) (unreaasonable to restrict ownership without showing nuisance)." As the constitutionality of banning dog ownership in a city probably depends upon the decisions of previous cases, this may be as good a place as any to start. Unfortunately I was unable to locate free access to this particular case. |
| Subject:
Re: Restrictions on dogs
From: knowledge_seeker-ga on 13 May 2002 08:01 PDT |
I think that alj's question could not have been more clear..."Name ONE (or more)towns within the continental United States that DOES NOT PERMIT the ownership of dogs..." And given the willingness to offer $50 for this answer, it was my opinion (and obviously that of others) that alj was referring to specific exemptions such as seeing-eye dogs rather than the easy-to find municipalities that require dog licensing (I think you'd be hard-pressed to find one that doesn't!) I am sure I am not the only one who could have answered alj's question with, "I couldn't find any, but ..." Obviously it is up to alj to determine if the question has been answered sufficiently. I certainly don't think this would normally be an appropriate forum for Researchers (and Commenters) to engage in infighting over how a question "should have been answered." In the end, Google is right, that's up to the questioner. However, given that we all (Questioners, Researchers, and Commenters)understand that the Google-Answer service is in the beta-testing stage, I think it is worth raising an occasional question in the interest of smoothing out the process for researchers and thereby improving the service to questioners. That said, alj this is a freebie for you ... I couldn't find what you were looking for, but... I did find you an entire continent: "Unlike the human population, the number of dogs in Antarctica has been declining. In fact, the "1991 Protocol on Environmental Protection to the Antarctic Treaty" bans dogs from the continent entirely starting April 1, 1994. This was done to protect the seal population from distemper." http://astro.uchicago.edu/cara/outreach/coldfacts.html Awaiting your feedback ... -Knowledge_Seeker |
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