The City of Butte-Silver Bow, Montana has passed the proposal for an Ordinance "requiring Pit Bulls be tethered on their home premises and on a tether or a leash when within one hundred meters of any location where people congregate." The city currently has an Ordinance that covers all "dangerous dogs": harboring, impoundment and confinement procedures-Ordinance 6.04.05; 6.04.052; and 6.04.054. District 4 Commissioner Terry Schultz had attempted to have a similar Ordinance passed in 2010 and failed, with the objections being that he was targeting a specific breed. He reintroduced this Ordinance with Amendments borrowed from Omaha, Nebraska and defines "dangerous and potentially dangerous animals" as animals that bite without provocation or have been trained to fight, according to Justin Post of the Montana Standard. Schultz request comes after what he says in a May letter to the Council "requests in light of recent events involving Pit Bulls and/or Pit Bull Crosses." One of these issues was the recent court ordered euthanization of a Pit Bull who bit a 7 year old girl several times. The owner of the dog was fined for no leash and having a biting, barking or jumping dog. The owner was ordered to pay the medical costs. The dog was not on its owner's property. This is irresponsible pet ownership and not a cause for breed specific legislation.

According to Mr. Post, "Potentially dangerous animals are listed as any that when unprovoked injures a person or domestic animal, chases or approaches a person on the streets, sidewalks or any public grounds in a "menacing fashion" or apparent attack. Animals that bite someone trespassing to commit a crime are exempt, as are those protecting someone being attacked or assaulted, or being used by law enforcement. It specifically addresses pit bulls, which may not be outdoors unless confined in a fenced yard or restrained by a harness and leash no longer than 6 feet by someone at least 19 years old. Muzzles also would be required for pit bulls 6 months and older, according to his proposal. Schultz defines pit bulls as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Dogo Argentina, Presa Canario, Cane Corso, American Bulldog or any dog with those predominant physical traits." Think about that tether-can the dog get to shade with the movement of the sun? Food, water? Away from their own waste? What about getting "wrapped up" in the tether? Will they hang themselves on a fenceline trying to escape tethering? Wouldn't it be better to simply educate owners on responsible pet ownership?

One person opposing this request is Ed Randall, Director of the Butte-Silver Bow Animal Services Department (they have 3 full time animal control officers). "As much as I respect Commissioner Schultz and what he does for his district, I wish he would have contacted me to discuss these issues," he said. "I am not in agreement. I do not agree with that direction right now." Randall pointed out that the city has a leash law that is being strictly enforced, and that they are seeking out unlicensed dogs, picking up dogs and ticketing owners. He says "The fact of the matter is we have some bad owners in Butte-Silver Bow."

The request was on the agenda for the June 1, 2011 meeting of the Council of Commissioners. A citizen addressed the council stating that he had been an owner of Pit Bulls for twenty years and that they are not inherently dangerous animals, and that owners needed to be held accountable for their animal's actions. Commissioner Foley stated that this issue has been discussed extensively and that Animal Services has made strong efforts to enforce the PRESENT Ordinance. The matter was voted to deny the request and place it on file. Commissioner Schultz disagreed, and stated that he had received numerous calls, felt this was a human safety feature, and that he is proposing a manner of dealing with all dogs and whether or not they should be designated as dangerous. Again, the vote was to deny the request and place on file.

The matter was placed on the agenda for the June 16, 2011 meeting. Commissioner Schultz requested that Mr. Randall address the Council in regards to a particular incident and the number of calls pertaining to Pit Bulls. Mr. Randall stated that "Animal Services receives calls regarding all breeds of animals, but there are many calls involving Pit Bulls and Rottweiler's." After discussion about statistics on the particular breed, it was approved to move the request to the Judiciary Committee. In this portion of the meeting, Commissioner Moodry stated his agreement with Commissioner Schultz and that the proposed Ordinance would not affect responsible Pit Bull owners. Commissioner O'Leary stated that a similar Ordinance was passed in the 1990's outlawing half wolf dogs due to the same concerns. He assured those concerned that "this portion of the Resolution would be discussed before including it in the Ordinance." Commissioner Morgan expressed his concerns with targeting one breed and with creating a Resolution requiring tethering in the animal's own yard. He reminded the Council of the current leash law that applies to all breeds of dogs. He stated it was wrong to target one specific breed. Commissioner Schultz pointed out that a Pit Bull can easily jump a four foot fence, and that a possible solution might be to require Pit Bull Owners to keep their animal(s) behind a six foot fence to enable them to run free in their yard. The request (motion) was passed with a vote of 10-1, with Commissioner Morgan being the nay vote. The request was to be addressed in the June 23, 2011 Judiciary Committee meeting. During this meeting, the request was tabled. There is, as of this time, no breed specific legislation or Ordinance for Butte-Silver Bow, Montana.

A study published in 2000 by the Veterinary Medical Association states that 17% of fatal dog attacks involved dogs that were chained, or tethered, as the means of confinement. The Center for Disease Control recently found that dogs that were tethered are three times more likely to bite than a free roaming dog. Over 150 cities, counties and states prohibit tethering or chaining of a dog. Italy has revoked its breed ban due to no scientific justification for it; the United Kingdom and Spain have found that their own Pit Bull breed ban has had no effect on dog bites. No dog should be judged based on its appearance, as each has its own personality. A responsible owner of any breed regulated by breed specific legislation faces undue hardship simply for owning that breed.

Ask any responsible owner of a Pit Bull and they will tell you that they are intelligent energetic dogs that need physical and mental challenges, just as any dog needs, to prevent becoming a problem. They will tell you that it is in how you raise the dog, as they are not genetically mean dogs. If you teach them good behavior and socialize them, you will get a devoted loving dog. If you teach them to be mean and aggressive, well, that is what you get. How do people think a dog that has been kept on a chain will react? How would they react? Perhaps Commissioner Schultz should be kept on a chain and muzzled to get an indication of the feeling and see what his reaction would be! The answer is not in breed specific legislation-it is in responsible pet ownership!

By Debi R***