[Marty]

New Bedford,MA -- By Steve UrbonStandard-Times senior correspondent
May 15, 2007 6:00 AM

Banning pit bulls is a wrong-headed and simplistic way of trying to control dangerous dogs in Massachusetts, a Legislative committee heard again and again Monday from pit bull lovers and others.

Instead, they were told, Massachusetts ought to look at New Bedford's 18-month-old dangerous dog ordinance, which is fast becoming the model for local communities trying to get a grip on dog attacks.

"Ours is working," said Manny Maciel, New Bedford's animal control officer and president of the Animal Control Officers of Massachusetts.

He testified before the committee that the city ordinance, enacted in late 2005, does exactly what the state ought to do: target irresponsible and dangerous dog owners.

"It goes after the deeds of the dog, the temperament it is showing," said Mr. Maciel. Drafted by City Councilors Linda Morad and Jane Gonsalves along with Mr. Maciel's office and various animal control groups, the ordinance avoids being breed-specific.

Instead, said Mr. Maciel, it allows animal control officers to judge a dog's aggressiveness and actions before slapping restrictions, requirements and increased possible penalties on owners who ignore the rules.

He said a dozen dogs are now on the "dangerous and vicious" list, and only three are pit bull mixes. The others include a boxer, three German shepherds, a Rottweiler, Labrador retriever, "mini-pini" (Doberman)-chihuahua mix "and, unfortunately, a Boston terrier, the state dog," he said.

"Without our ordinance, these dogs would still be out there with no restrictions to protect the public. With our ordinance, the responsibility is on the owner, where it should be."

There is no one bill in the Legislature targeting pit bulls, but an attack by one in Boston's Hyde Park neighborhood last week put the spotlight back on a breed that can be gentle if so trained, but can also be a vicious fighter.

"When they attack, they grab, they hold, they shake. And with the strength of their jaws and strength of their entire body, they are able to do enormous damage," Rep. Vincent Pedone, D-Worcester, told reporters.

But at Monday's hearing, Rep. Bradford Hill, R-Ipswich, was applauded by the crowd of 150 people when he said, "I feel very strongly that we should not punish a dog because of its breed, but because of its actions."

He spoke as the Municipalities and Regional Government Committee began sorting through various bills and suggestions for tougher animal control. No action on any legislation is expected until later in this session, when a comprehensive bill may be written.

"I think breed-specific legislation is odious," said Dr. Nicholas H. Dodman, the program director of the Animal Behavior Department of Clinical Sciences at the Tufts School of Veterinary Medicine. "It's fraught with all kinds of problems."

Among those problems: There are 25 different breeds that might appear to be pit bulls, making enforcement difficult. And pinpointing them would bypass other breeds that can be a threat, he said.

Dr. Dodman said any legislation ought to target breeders who purposely develop aggressive dogs. He cited the Doberman pinscher as one example of a dog that had a bad reputation, but has since had the aggressiveness removed through good breeding.

Karen Harght, co-owner along with Joan Hopkins of American Canine in Westport, concurred.

"When I was a child, Doberman pinschers had a horrible reputation. They were very aggressive, like pit bulls were. Then they kind of fell out of favor. And over the course of the last three decades the aggressiveness has been bred out of them. Now I see a lot of Dobermans that are sweet as pie."

She added, "I've seen some nice Rottweilers that are not nearly as aggressive as they used to be."

On the other hand, she said, "If I see an Akita, I turn around and go the other way."

Saying a breed-specific ban "is probably a mistake," she agreed that it can be hard to tell just what a pit bull is sometimes. "I don't even like using the term," she said.

Yet certain dogs, and certain breeds, are more demanding on their owners, and shelters are taking precautions to see that they are properly housed and trained. Shelters may hold a deposit until there is proof that a dog has been to behavior school, she said.

Gail Furtado, chairman of the board of Forever Paws, the Fall River-based no-kill shelter that holds the contract with New Bedford's animal control office, said the cities especially have a high pit bull population. The dogs can be gentle or they can be trouble. As a schoolteacher, she said, she sees a parallel between dogs who are trouble because their owners are in trouble, and students who are trouble because their parents are trouble.

Yet it is natural to be more cautious around bigger, stronger breeds in which some examples may have been bred for aggression, she said.

Her shelter, she said, takes such precautions as having dogs play in a yard with others to see their behavior. Other family dogs get to meet the newcomer on shelter property to check compatibility.

It's similar to what many insurance companies do today: send an agent to the home of a policyholder to verify that a dog on the policy is well-behaved and manageable — with certain breeds including pit bulls and German shepherds being on a watch list. Failure to disclose dog ownership can be real trouble for a homeowner because claims will be denied, said Mr. Maciel.

In New Bedford, Mr. Maciel said, the ordinance may require a succession of precautions to restrain and confine troublesome dogs, and fines for breaking the rules can be heavy, up to $600.

Bad dogs will be spayed or neutered and have a microchip implanted under the city ordinance, and annual licenses will cost more, along with the secure enclosures the city will require — and inspect.

Preventing the dogs from reproducing is the most important component, he said. "We don't want them breeding and the offspring having the temperament of the mother and the father," he said. "That way our community becomes safer."

Staff writer David Kibbe contributed to this report.

Contact Steve Urbon at surbon@s-t.com

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Bout time!!