Memphis,TN Targets Dachshunds, Whippets, Goldens, Plus More breeds in "Backdoor BSL" Ordinance

Please contact the council members below! The provisions of this ordinance will affect everyone in Memphis and they could affect you if you are in the area at all.

Carlotta

Memphis,TN Targets Dachshunds, Whippets, Goldens, Plus More breeds in "Backdoor BSL" Ordinance

by Robin McCall Cannon

August 17, 2010

Re: Proposed Memphis Ordinance: "Backdoor Breed-Specific Legislation", "Fertile Animal Permits", Mandatory Spay/Neuter

To All Clubs, Dog Owners, Breeders & Fellow Exhibitors:

I am writing to you today as a concerned dog owner, breeder, exhibitor and as a member of the American Rottweiler Club's Legislative Committee. The Committee has written the councilmen and voiced our opposition and we are proud to be working with The Responsible Animal Owner's of TN (AKC TN Federation) to defeat this measure.

As you may be aware, the city of Memphis, TN, is considering additions to its animal control ordinance. Earlier this year (March), Councilman Shea Flinn proposed breed-specific MSN for "pit bull" type dogs, which was dropped. The precipitating event for the current proposal arose after a elderly man was attacked & later died due to 2 dogs running at large. Animal control had been alerted the day before this tragedy that the dogs were loose, but they took NO ACTION. This man would still be alive had animal control done its job & enforced the existing law.

Earlier this week, the Public Services and Neighborhood Committee voted unanimously to send the proposed ordinance (crafted by Councilman Shea Flinn) to the full city council. Before it can become law, it must go through three readings.

The current proposal would "Require dogs over 29 pounds to be SPAYED/NEUTERED", unless the owner purchases a one-time "fertile animal permit", and meets other "agency approved criteria", which is outlined below. The proposal also seeks to impose a cap of "one litter per year" per household.

Instead of naming breeds (specifically) this time around, the current proposal names them BY WEIGHT. This is nothing less than breed-specific legislation, except we call it "going thru the backdoor". The usually targeted breeds such as Rottweilers, Dobermans, German Shepherds, Am Staffs (what is referred to in the slang as "pit bulls) will be caught under this proposed ordinance.

However, for those of you that own breeds that you thought would "never be targeted by BSL", here is a sample listing of breeds that WILL be caught in the "Backdoor BSL" trap: Brittanys, Dachshunds, Golden Retrievers, Labrador Retrievers, Afghan Hounds, Skye Terriers, Bluetick Coonhounds, Whippets...the list goes on.

Imagine you are attending a dog event and your dog breaks its leash and ends up in the hands of animal control. Do you have friends that live in Memphis and will be directly targeted by this proposed ordinance? Memphis is on the animal rightists radar screen and its citizens and dogs need our help!

It is imperative that each club, parent club, training organization, breeders and exhibitors, write a letter of opposition to the Memphis City Council Members by no later than this coming Monday, August 23rd, as the first of three readings will take place (we believe) on Tuesday. We are asking for everyone's help in defeating this terrible proposed ordinance, especially those in Memphis, Shelby County and the surrounding municipalities.

For your convenience, the names and email addresses of all of the city councilmen are provided at the bottom of this email.

A table will be set up at the Memphis Kennel Club show this Saturday, August 21, with information on the proposed ordinance with the goal of getting people involved in the fight to defeat it. I am proud to say that I will be there, representing the ARC Legislative Committee, assisting Donna Malone (raotinc@aol.com) and The RAOT, INC.

It is imperative that we flood the council members with letters of opposition and stand together in this fight against this AR-inspired proposal.

If anyone has any questions, please do not hesitate to contact me. Permission to cross-post this message in its entirety is highly encouraged.

Robin Cannon,

American Rottweiler Club Legislative Committee Member

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Provisions of the Ordinance

* Require dogs over 29 pounds to be spayed/neutered Exemptions + Dogs trained and used as law enforcement dogs. + Dogs trained and used as a guide dog, hearing dog, assistance dog, therapy dog, seizure alert dog or designated as breeding stock by an agency approved by the director. + Dogs trained and used as search and rescue dogs or designated as breeding stock by an agency approved by the director. + Dogs trained and used as herding or livestock guardian dogs, or designated as breeding stock by an agency approved by the director. + Dogs unable to be sterilized for a medical reason. + Dogs boarded in a licensed kennel. + Dogs registered with AKC or other recognized registry or trained and kept for the purpose of show, field or agility trials. However, these owners must comply with the following: Must apply for a Fertile Animal Permit Must purchase a one-time $200 intact animal permit (It is not truly an exemption if you have to buy an expensive license). Owners are allowed only one litter per residence per 12-months.

* Defines dogs that have "bitten once and been at-large twice" as dangerous dogs, but does not define "bitten." Does this mean bitten a person and inflicted injury? Bitten another domestic animal? What if the bite does not cause injury or is provoked?

* Requires a dog that has bitten or attacked to be sterilized. (Again, it is not clear what would happen if the bite was provoked or if there was no injury resulting from the bite. If the intent is to require sterilization of dogs that have been adjudicated to be dangerous or vicious, then that should be specified. )

* Sets the license fee for intact dogs weighing 29 pounds or less at $35 annually and removes the license fee and requirement for sterilized dogs. ( It is unreasonable for intact animal owners to be solely responsible for funding animal control operations. Licensing was originally established to ensure that dogs were vaccinated for rabies – this will significantly undermine that goal if the majority of dogs no longer need to be licensed. If this ordinance is adopted, it becomes solely a tax on owners of intact dogs.)

* Requires that dogs restrained by tie-outs or overhead cable runs also be restrained by a traditional or invisible fence. This will mean that many owners will have to construct a traditional fence or install an invisible fence; likely costing thousands of dollars. * Requires that dogs restrained by tie-outs or overhead cable runs for more than 2 hours be sterilized.

Write a letter, email, or call the city council members and ask them to oppose the ordinance.

Mailing Address 125 N. Main, Room 514 Memphis, TN 38103

Public Services & Neighborhood Committee Members:

District 7 - Barbara Swearengen Ware (Chair) (901) 458-9406 Swearengen.Ware@memphistn.gov

District 2 - William C. Boyd (Vice-Chair) (901) 576-6786 Bill.Boyd@memphistn.gov

Super District 8 - Myron Lowery (901) 576-7012 Myron.Lowery@memphistn.gov

Super District 9 - Kemp Conrad Office (901) 576-6786 Kemp.Conrad@memphistn.gov

Super District 9 - Shea Flinn (901) 576-6786 Shea.Flinn@memphistn.gov

Super District 9 - Reid Hedgepeth (901) 576-6786 Reid.Hedgepeth@memphistn.gov

City Council Members

District 1- Bill Morrison (901) 576-6786 Bill.Morrison@memphistn.gov

District 3 - Harold Collins (901) 576-6786 Harold.Collins@memphistn.gov

District 4 - Wanda Halbert (901) 576-6786 Wanda.Halbert@memphistn.gov

District 5 - Jim Strickland (901) 576-6786 Jim.Strickland@memphistn.gov

District 6 - Edmund Ford Jr. (901) 576-6786 Edmund.Fordjr@memphistn.gov

Super District 8 - Joe Brown (901) 274-4724 Joe.Brown@memphistn.gov

Super District 8 - Janis Fullilove (901) 576-6786 Janis.Fullilove@memphistn.gov