Law would target pit bulls (Pasadena, CA)

Law would target pit bulls
Pasadena looks into mandatory sterilization

By Fred Ortega, Staff Writer
Article Launched: 03/13/2008 11:04:49 PM PDT

• PDF: Staff report on the proposed spay/neuter ordinance
• PDF: Spay/Neuter ordinaces in other cities

PASADENA - This city may soon become the first in the Southland to require mandatory spaying and neutering of pit bulls.

The Pasadena City Council asked staffers this week to come back in two months with a law mandating the sterilization of pit bulls and pit bull mixes.

Penalties for dog owners violating the law would range from a citation to a misdemeanor, according to city documents.

The law takes advantage of SB 861, a state Senate bill passed in 2005 that allows cities to regulate dogs based on breed. The law was proposed by then state Sen. Jackie Speier, D-San Francisco, after the pit bull mauling death of a 12-year-old Bay Area boy.

San Francisco has since taken advantage of Speier's bill by passing its own breed-specific sterilization law aimed at pit bulls. Pasadena's proposed ordinance borrows heavily from the San Francisco law.

In Southern California, some cities like Los Angeles already require mandatory sterilization of all dog breeds. But Pasadena would be the first in the region to enact a breed-specific ordinance.

The council voted unanimously Monday to have staffers draft the law. Councilwoman Margaret McAustin said the ordinance was prompted by last summer's incident in Bungalow Heaven, where four pit bulls ran loose until police officers shot two of the animals to death.

"I am very much in support of this," said McAustin. "That horrifying incident occurred in my district."

The Pasadena Humane Society already offers free spaying and neutering of pit bulls, but there is a five- to 10-week waiting period, said Veronica Fincher, vice president of operations for the agency.

"In order to handle the magnitude if we impose mandatory spaying and neutering ... of pit bull mixes there is going to be an additional wait," said Fincher.

About a quarter of the Humane Society's shelter space was taken up by pit bulls and pit bull mixes, with most of the animals either euthanized or given away to rescue organizations, according to the city.

Some residents around Mountain Street and Michigan Avenue, the scene of last year's pit bull escape, expressed support for the new law.

"I think it is a good idea," said Rocio Perez, who lives near the 1100 block of east Mountain Street, where the dogs were kept. "I don't even go for walks in the morning anymore because of what happened."

But Paula Rodriguez, who lives and works at her aunt's in-home day care on Mountain about a block away, said the proposed ordinance would make little difference.

"These are dangerous dogs, and it is the people who own them that make their own pets act that way by making them fight," said Rodriguez, as small children ran around her on the home's front lawn.

Dawn Capp, a Sacramento-based lawyer, agrees. She is the founder of the Coalition for Human Advocates of K9s and Owners, which is suing the city of San Francisco over its pit bull sterilization law.

"If people know their dog is aggressive and they are not taking the proper precautions, they should be held criminally liable for their animal's actions - whether it is a pit bull or a Labrador," said Capp. "These pit bulls are not sitting there thinking how many people they want to attack on a particular day. It is the people who are responsible for the dogs."

CHAKO's lawsuit targets San Francisco's law on grounds it lacks an exemption for disabled owners of service dogs.

Pasadena's proposed ordinance, while including exemptions for licensed breeders and dogs less than 8 weeks old, also does not exclude service dogs.

"Where the Americans with Disabilities Act is concerned, no local jurisdiction can enact laws that are more restrictive than the ADA," Capp said. "If Pasadena does not exempt service dogs, it will be in violation of state and federal laws."

She also argued that even at more than 8 weeks, sterilizing young animals can have adverse health effects.

"Any vet will agree that pediatric spaying and neutering prolongs the time during which the growth plates will close," she said. "While these plates are open, dogs are subject to more permanent injuries."

Despite the objections of critics like Capp, Glendale Councilman Bob Yousefian said he hopes Pasadena's actions will spur similar laws in neighboring cities.

In 2005, Yousefian tried unsuccessfully to enact a breed-specific sterilization law in his city following the highly publicized mauling death of a 2-year-old Glendale girl by her
grandparents' Rottweiler.

"Maybe, if Pasadena passes this, then my colleagues on the council will get the courage to do the same," said Yousefian.

fred.ortega@sgvn.com
(626) 962-8811, Ext. 2306

http://www.pasadenastarnews.com/news/ci_8567401