While nonexistent at a federal level, “breed-specific legislation” or “BSL” is legal — and very much in practice — in many states across the country. However, laws enforcing stricter regulations on certain dog breeds are controversial, and even illegal in many other areas.
North Carolina is one of 29 states with no statewide BSL bans. This means that cities may enact breed-specific rules and restrictions. There are a few areas in the state that have active restrictions on certain breeds.
Here’s what to know about BSL, breed restrictions in N.C. and more.
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What is breed-specific legislation?
BSL is a term that refers to laws regulating or banning specific dog breeds. These laws are intended to decrease dog attacks. They are controversial, however, with many organizations including the American Society for the Prevention of Cruelty to Animals staunchly opposed to BSL.
“The problem of dangerous dogs will not be remedied by the ‘quick fix’ of breed-specific laws — or, as they should truly be called, breed-discriminatory laws,” the ASPCA website said.
The National Animal Care and Control Association provided a list of some of the most common restrictions placed on certain breeds in states with no BSL bans:
- Mandatory spay-neuter.
- Mandatory muzzling.
- Liability insurance requirements.
- Special licensing and additional fees.
- Mandatory microchipping or tattoos.
- Owner/walker age requirements.
- Property posting requirements.
- Confinement and leash requirements.
- Breed-specific pet limits sale or transfer notification requirements.
- Restrictions on access to certain public spaces with the dog (e.g., public parks, school grounds).
- Required town-issued items (e.g., fluorescent collar, vest).
- Training requirements.
- A requirement that photos of the dog and/or owner be kept on file as appropriate with the jurisdiction.
- Insurance policies that discriminate against breeds of dogs.
- Housing policies that discriminate against breeds of dogs.
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Breed-specific legislation in North Carolina
While BSL is legal at a state level in N.C., only a few areas actually have legislation around specific breeds. N.C. law firm Campbell & Associates provided information on these rules on a dedicated webpage.
The cities of Edenton and Lumberton have both declared all bull terrier breeds to be “potentially vicious.” Edenton places the same label on Rottweilers and Chow Chows. This doesn’t mean the breeds are banned completely in these jurisdictions, but they must be registered and kept restrained.
These laws also mean that if a person or pet is injured by one of these regulated breeds within those cities, the dog’s owner is subject to the “strict liability law.” This means that the owner is responsible for all damages caused by the pet without specific evidence of negligence.
While the same can apply to dogs belonging to unregulated breeds, there must be evidence of previous attacks or aggression in order to trigger the strict liability law.
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What states prohibit breed-specific legislation?
Data from informational site PetPlace showed that BSL is not allowed in 13 states:
- Alaska
- Hawaii
- Nevada
- Utah
- South Dakota
- Oklahoma
- Pennsylvania
- Connecticut
- Rhode Island
- Massachusetts
- New Hampshire
- Maine
- Delaware
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Do insurance companies have breed restrictions?
In addition to area-specific breed restrictions, many home insurance companies will raise rates or exclude coverage for owners or renters with certain dog breeds. Previous reporting from USA TODAY named the top 12 breeds most often banned by homeowner insurance companies:
- Doberman pinscher
- Pit bull
- Rottweiler
- Chow Chow
- Wolf dogs and hybrids
- Presa Canario (canary dog)
- Akita
- German shepherd
- Husky
- Mastiff
- Alaskan malamute
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Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.
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