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Ask Dawn the Dog Woman
(Dawn Capp, M.S., J.D.)

• Which specific dogs are impacted by the San Francisco law requiring spaying and neutering? Does the law note precisely which breeds? For instance, a pit bull and a staffordshire terrier aren't the same breed. Would they both be under the law?
  
  According to its website, San Francisco Animal Care and Control considers American Staffordshire Terriers, American Pit Bull Terriers, and Staffordshire Bull Terriers as "Pit Bulls." The ACC website says, "For breed specification, ACC will be using the following standards by the American Kennel Club: American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier."
  
  It is noteworthy that the American Kennel Club does not recognize the American Pit Bull Terrier and therefore has no standard for the American Pit Bull Terrier.
  
  Specifically, San Francisco's law defines a Pit Bull as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics that substantially conform to the standards established by the American Kennel Club (“AKC”) or United Kennel Club (“UKC”) for any of the above breeds.  
  
  So, yes, Staffordshire Bull Terriers, American Staffordshire Terriers, and American Pit Bull Terriers (and mixes) all fall under the law. The definition also encompasses other breeds with physical characteristics somewhat similar to "Pit Bulls."
  
  San Francisco offers a "Pit Bull Breed Identification Checklist" on ACC's website at http://www.sfgov.org/site/uploadedfiles/acc/Documents/Breed%20Standards.pdf.
  
  The City and County of San Francisco, Department of Animal Care and Control considers a dog to be predominantly a pit bull breed (American Staffordshire Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier) if s/he possesses 5 out of the following 8 characteristics:

  1. Head is medium length, with a broad skull and very pronounced cheek muscles, a wide, deep muzzle, a well-defined, moderately deep stop, and strong under jaw. Viewed from the front, the head is shaped like a broad, blunt wedge.
      
  2. Eyes are round to almond shaped, are low in the skull and set far apart.
      
  3. Ears are set high. Un-cropped ears are short and usually held rose or half prick, though some hold them at full prick.
      
  4. Neck is heavy and muscular, attached to strong, muscular shoulders.
      
  5. Body is muscular, with a deep, broad chest, a wide front, deep brisket, well-sprung ribs, and slightly tucked loins.
      
  6. Tail is medium length and set low, thick at the base, tapering to a point.
      
  7. Hindquarters are well muscled, with hocks set low on the legs.
      
  8. Coat is a single coat, smooth, short and close to the skin.
      

• Hi Dawn, I have a service dog question. Many seizure dogs are trained by owner and thus receive no specific certification for service work. Is there any federal requirements for a service dog to be “showing credentials” as a service dog? I realize state to state this may vary under state law, but I just want a general answer.

  The very general answer is no. The ADA does not require any person with a disability accompanied by a service dog to carry or show "credentials" for that service dog. The Delta Society has a downloadable "law info" card that persons with disabilities can carry and hand out to business owners who attempt to interfere with their access rights. This card is available at http://www.deltasociety.org/ServiceAccessLaw.htm

   

• Dawn, I have a Beware of Dog sign on my house. I've heard that's not good, but I've also heard dog owners should have signs warning people they have dogs.

Dog owners are often, depending on their jurisdiction, put in a peculiar dilemma. In general (and, again, this could vary by jurisdiction, so you should consult an attorney in your area), if a property owner has a potentially hazardous condition on a property and warns about that condition, the property owner’s liability MIGHT be reduced if someone is injured on the property. Hence, if a homeowner or renter owns a dog and puts a sign warning people that a dog is on the property, that dog owner may, if the dog injures someone (even if by accident) be on better legal footing that s/he would’ve without such a warning. Signs can warn gardeners to watch out for dogs if they come in to do work. Signs can also warn emergency workers and other persons with a legitimate right to enter the property that they should be aware there’s a dog on the premises. 

However, some signs can be used against dog owners. In some cases, BEWARE OF DOG signs may be used by a Plaintiff’s attorney against a dog owner to show that the owner KNEW the dog to be dangerous. An attorney might also try to use such signs against landlords to show that a landlord knew a dangerous dog was on the property but continued to allow it to remain on the property.  Such rationale could allow a Plaintiff to name a landlord in a lawsuit and, potentially, collect money from the landlord’s insurance company.  

To be safe, many dog owners opt for neutral signs such as the following:  

1) DOG ON PREMISES

2) CLOSE GATE: DOG PRESENT

3) LARGE DOG ON PREMISES  

To be completely safe, an effective sign should combine a neutral graphic of a dog with text (which would be a clear indication to non-English speakers that there’s a dog on the property).  

A search on the internet should bring you to many sign companies that will offer alternatives to the common "BEWARE OF DOG" signs so often sold in stores.

ASK DAWN A QUESTION