Many cities and counties have breed-specific regulations in place, but that's outlawed in Virginia

By BILL FREEHLING

Date published: 3/16/2005

Virginia is one of just a dozen states that forbid local governments from passing laws regulating a specific breed of dog.

Virginia law allows animal-control officers to regulate dogs that bite, attack or injure a person or companion animal. Owners of these dangerous dogs must take precautions--including posting warning signs on property and building dog enclosures.

But no dog can be declared dangerous simply because of its breed, and local governments aren't allowed to ban any breed.

That ties the hands of local animal-control offices, said Spotsylvania County Commonwealth's Attorney William Neely.

"It would obviously be a useful tool for the county," Neely said, adding that it's up to the state legislature to make a change.

But opponents of breed-specific legislation--including Marcy Setter, a Michigan woman who helps rescue pit bulls--say such laws violate constitutional rights to property and due process.

"It's unfair to owners," said Setter, who runs the Web site understand-a-bull.com, which is dedicated to eliminating breed-specific legislation. "No single breed is inherently vicious."

Setter said pit bulls--the common term for terriers including the American Staffordshire, Staffordshire bull and American pit bull--are loving and loyal dogs when they have responsible owners, especially those who have them spayed or neutered. But Setter has no sympathy for owners who let the dogs loose.

Based on what she's read about last week's mauling of an 82-year-old Partlow woman, Setter fully supports the strict prosecution of anyone found responsible.

Dorothy Sullivan and her small Shih Tzu were killed March 8 in their front yard by three roaming dogs described as pit bulls.

Neely said Deanna H. Large, 36, owned all three unneutered males and had been warned to keep better control of them. He said he will seek an involuntary-manslaughter charge against her, as well as three misdemeanor counts of allowing a dangerous dog to run free.

Manslaughter is a felony punishable by up to 10 years in prison. The misdemeanor counts are each punishable by up to $2,500 and 12 months in jail.

Hap Connors, vice chairman of Spotsylvania's Board of Supervisors, wants the county to pass stricter rules regarding certain breeds, including pit bulls. He said he wants to pass a "zero-tolerance message to dog owners who are negligent."

He said supervisors will discuss possible changes at their March 22 meeting. Although he says details are still unclear, he wants stricter leash laws, increased registration fees for pit bulls, owners trained on handling pit bulls and heavier fines.

Spotsylvania requires all dogs to be on leashes unless they're on owners' property. An exception is made while dogs are engaged in lawful hunting.

Virginia law doesn't allow local governments to pass regulations stricter than state code, which could make those ideas tough to pass. But Connors plans to move forward anyway.

"Let the state tell my constituents that we can't do these things," Connors said.

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Date published: 3/16/2005