Dogs: COA Upholds Local Ordinance Banning Possession of Pit Bulls

The Kentucky Court of Appeals affirmed an ordinance banning pit bulls in Bracken County in a decision published Dec. 1, 2006 - 1196:  Bess v. Bracken County Fiscal Court.  As the Court ruled in a unanimous decision authored by Judge Vanmeter:

By statute, local governing bodies may pass ordinances regulating dogs so long as the provisions are not inconsistent with KRS Chapter 258. The primary issue we must resolve is whether a Bracken County ordinance which bans the possession of pit bull terriers is inconsistent with that chapter. We hold that it is not and therefore affirm the judgment of the Bracken Circuit Court. * * *

While no reported Kentucky decision has dealt with the right or authority of either the General Assembly or a local governing body to ban any particular breed of dog, specifically pit bulls, courts in other jurisdictions have upheld challenges to such laws which have been brought on a number of bases.

This decision interpreted KRS Chapter 258 and found nothing impermissible in the Bracken Fiscal Court's ordinance prohibiting the possession of a specifically defined breed of dog (pit bulls) with fines, forfeitures, and euthenasia of the dog.

Please note neither this ordinance nor this decision addressed issues regarding mandatory liability insurance on specific breeds (as contemplated in the Louisville Metro ordinance which has not passed) or potential liability for all acts due to simple possession.  The issue regarding liability for injuries and damages caused by a pit bull in Bracken County would present a potential argument that in addition to the dog bite statute (which is not strict liability) you would have the liability for violating an ordinance and negligence per se.  Consequently, some of the exceptions to the statutory liability for dog bites (eg., trespassers, a question of causation and/or comparative negligence) may be inapplicable.

The decision further described the ordinance affirmed:

In 2004, the Bracken County Fiscal Court passed an ordinance which dealt generally with animal control and  ncludedordinance, a “pit bull terrier” is defined as any dog which is a registered American Staffordshire Terrier, Staffordshire Bull
Terrier or American Pit Bull Terrier, or one which conforms to the standards of such a dog, or one which has the predominant physical characteristics of such a dog. Ordinance § 53.90.

The fiscal court determined by ordinance that pit bull terriers “have inherently vicious and dangerous propensities, and are potentially hazardous and unreasonably dangerous to the health, safety, and welfare” of the citizens of Bracken County, and it declared that the ownership and keeping of such dogs in the county is “a public nuisance.” Ordinance §§ 53.91(A) and (B).

Further, the “ownership, location, maintenance, keeping, harboring, or use” of pit bull terriers was made punishable by a fine of up to $500, and/or incarceration of up to 90 days, and any animals meeting the definition of pit bull terriers were
made subject to forfeiture and euthanasia. Ordinance §§ 53.91(C) and 53.92.

Comments

[Ashley]

Pit bull are the nices dog you will ever have.I have pit bulls my self and I would trust my pit bulls over any dog.my kids play with mine and my dogs have never hurt them.Its all in the way you treat them.Who ever banded pit bull are fucken stupid.Get a pit and find out how nice they really are.You all would not want to give your dogs up so shut the fuck up about pit bulls.You all don't even give them a chance.No one are going to give there dogs up just because of you all.Do you all really think people would.I DON'T THINK SO..

[Ashley]

I have pit bulls.They are not mean.Its all in the way you treat them.I have kids and they play with mine all the time.My dogs have never tryed to hurt them.Dogs are dogs.Any dog can bite.What about all the other dogs.Pit bull just have a bad name.My dogs are really nice.I would trust mine around any body.Would you all like to give your dog up?I don't think so.There are alot of people in bracken county that has them and there are not going to give there dogs up after the have had them for years.Its the way you treat them.I know people that has them .There are not fighting dogs.There dogs that we love.They need to change the law any dog can bite not only pit bull.

[violet]

To Debbie..
God didnt create the Pitt-bull man did by cross breeding...too fight..If you want to punish anyone punish man for their stupidy...

[violet]

why all of a sudden a band on pitts? yes i agree some are vicious, but so are german-shepards, chows, dovermens, jack russels,rockweilers, some labs...any dog know matter what kind can be made into a vicious animal..i have a chiuahua they either like u or they dont, i have a very loveable pet who would rather kiss you then bite...but ANYTHING WITH TEETH WILL BITE! One thing if you want a pitt keep him in a kennel in your back yard...if you walk him keep him on a 3 ft chain, and musseled i agree with some the pitt has a powerfull bite and jaws of steel i have seen the damage they can do, but i have also seen the damage a shepard can do neither is a pretty site...

[Billy]

Way to go I wish we Would have ban on pit bulls where I live. One just killed my little 9 pound house dog. They kill every cat around here. But I do have to say people around here don't know how to raise them right. There is 3 pit bulls around where I live all they do is cause trouble we can't even let are kids out to play that much. So I am not saying all pit bulls are bad. I am saying we need to have laws. That would make it harder for just any one to have them.

[Brain Collard]

Are they nuts, I bet they haven't ever even been around a pitbull. I have had two over the past 3 years, and they never so much as growled at anyone. Never killed any of my cats or other dogs. Was kind and as loving as could be. This is getting ridiculous. From now on everyone should make a big deal when they get attacked by other breeds. I have personally been attacked by german shepherds and labs. I nearly lost an eye to the lab. So put that in your bowl and smoke it jerks.

[BOBBY K STANLEY]

ARE YOU ALL RETARDED!! YOU ALL HAVE PROBABLY NEVER EVEN OWNED ONE. GO BUY ONE AND FIND OUT FOR YOURSELF DUMBASS!! IT IS NOT FAIR FOR THE DOGS OR THE PEOPLE WHO ACTUALLY LOVE AND TAKE CARE OF THEM!!!! YOU ALL ACT LIKE A BUNCH OF COMMUNIST RETARDS!!!! TRYING TO TELL PEOPLE WHAT THEY CAN AND CANT HAVE!!! ITS STUPID AND SO ARE THE PEOPLE WHO CAME UP WITH THIS IDEA!!! YOU SHOULD WORRY MORE ABOUT IMPORTANT THINGS LIKE THE DRUG HEADS AROUND HERE INSTEAD OF WHAT KIND OF DOG A PERSON OWNS..IT MAKES NO SENSE THAT YOU WORRY SO MUCH ABOUT THE SMALL THINGS AND COULD CARE LESS ABOUT THE BIG THINGS!! AND FURTHER MORE IF I BUY IT I WILL KEEP IT!!!!!!!!!!!!!!!!!!!
THANK YOU

[Kacey Johnson]

The atty on this case in all probability, either did not possess the knowledge needed, or has not handled these challenges before. Breed specific legislation is not won by failing to obtain an evidentiary hearing, and trying to overcome a rational basis theory without more. But that should have been known beforehand, so the entire case is suspect as to whether or not one actually wanted to prevail in the first place. Furthermore, the atty did not take the advice of the American Canine Foundation (expert on BSL/canine legislation)so the ruling is not surprising.

[Debbie]

How absurd! I will never eveb visit a state of such ignorance. Have YOU ever even KNOWN a pit? They are the most loving, loyal and wonderul breed in the world. They have been therapy dogs, war heroes (decorated). PUNSISH THE DEED, NOT THE BREED! An animal is only as good as the owner. My pit is my baby and more loving than any animal you will ever meet. It is a shame that ignorance can destroy soething so beautiful as the love of a beloved animal. You should be ashamed. I pray for the good pits and I pray for you soul. God created animals and humans. Humans created their own stupidity. I'm sure you'll be too hard hearted to post this...but hey..GOD sees YOU!