Overturn Tanyard Springs Pit Bull Prohibition NOW!
- by: Mauria Uhlik-Fegley
- recipient: Members of the Tanyard Springs Community and the Tanyard Springs Homeowners Association
In February 2014, the Tanyard Springs Homeowners Association, INC. unanimously voted for Resolution 2014-1:Prohibition of Pit Bulls. Under the decision of the Maryland Court of Appeals in the case of Tracey v. Solesky, et al., strict liability for attacks by dogs commonly known as “pit bulls” has been extended to any entity with the power to control the presence of such animals on any property. In light of the above-referenced decision of the Maryland Court of Appeals, for the protection of the Association and the residents of the Community, the Board has determined that it is necessary to ban pit bulls from all private lots and common areas in the Community unless the resident follows each of the requirements set forth below.
NOW, THEREFORE, the Board hereby adopts the following resolution.
1. DEFINITION
For purposes of this resolution, a “pit bull” is defined as any dog commonly known as a pit bull, including, but not limited to the following pure breeds or mixture of these breeds:
American Staffordshire Terrier Staffordshire Bull Terrier American Pit Bull Terrier
Bull Terrier
2. RESTRICTIONS
Pit Bulls are prohibited; provided, however, that those residents that currently possess Pit Bulls on their Lots as of the effective date of this Resolution may keep their Pit Bulls if, and only if, they agree to: 1) Register their pit bull with the Association in accordance with paragraph 3 below, and 2) hold harmless and indemnify the Association, and its members, residents and guests in connection with any claims or causes of action in any way related to alleged damage to person or property resulting from the actions of the Pit Bull within the Community. Copies of the Registration and Indemnification forms are attached hereto as Exhibit A and Exhibit B, respectively.
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REGISTRATION
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a) In order for a pit bull to remain in the Community, all residents who
currently possess pit bulls must register their pit bulls with the Association within thirty (30) calendar days of the adoption of this resolution.
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b) Residents may be required to re-register their pit bulls, as determined by the Board of Directors.
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c) The Association may take action to remove a pit bull from the common areas of the Community if its owner does not comply with the requirements set forth in paragraphs 2 and 3.
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PET BEHAVIOR
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a) Residents must either leash or carry their pit bulls when their pit bulls are on any Common Areas. Pit bulls are not permitted to roam freely on the grounds.
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b) Residents must immediately pick up and properly dispose of any waste left by their pit bulls as is to be done with any pets on the Common Areas.
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c) Residents are responsible for insuring that their pit bulls do not cause or create a nuisance or any unreasonable disturbance or noise, or threaten the safety of other residents. If circumstances warrant, the Board of Directors has the right to declare any pit bull a nuisance according to the Association’s governing documents. The Board of Directors may, after notice and an opportunity to be heard, order any resident whose pit bull is declared to be nuisance, or threat to the safety, health, and welfare of residents, to remove such pet from the Community .
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We, as responsible pet owners of Tanyard Springs, are proposing the following changes to the ruling.
1) All pet owners of Tanyard Springs must sign a waiver of indeminifcation to ensure owner liability.
2) Any language of the ruling related to Breed Specific Legislation (BSL) should be removed.
3) All dogs, including Pit Bulls and Pit Mixes, have equal opportunities to access the common area off-leash referred to as the dog park.
4) The prohibition of future Pit Bulls in the community be lifted.
5) No dog should be labeled a nuisance in relation to their breed.
6) HOA Board of Directors becomes more active in addressing the pre-existing animal welfare issues being experienced in the community.
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