The municipality had banned her from keeping her four American Staffordshire Terriers and all other dogs of this breed. The ban regarding the four dogs held, but the general one did not. The current dog ownership law does not allow the latter.
- Background: Trial after fatal dog attack: “She doesn’t want to keep dogs anymore” (OÖNplus)
A novella is in the works. In October 2023, three American Staffordshire Terriers attacked and killed a jogger during a walk in Naarn (Perg district). The dog owner has now been legally sentenced to 15 months of partial imprisonment for negligent homicide – the OÖN have reported in detail. The bite attack was also the reason in Upper Austria to tighten the dog ownership law.
- Also read: Dog ownership law: “High burden on animal shelters” (OÖNplus)
General ban did not last
After the incident, the mayor issued a notice banning the woman from keeping her four American Staffordshire Terriers – one of which had already been euthanized and three are in new homes – as well as all other dogs of this breed. The woman lodged a complaint against this. The court confirmed the ban regarding the four specifically named dogs and announced it in a broadcast on Wednesday: According to the current legal situation, keeping a dog is prohibited if someone is unable to prevent danger or unreasonable harassment of people and animals. The negotiation concluded that this was to be assumed given the seriousness of the incident.
However, the general ban on keeping American Staffordshire Terriers did not last. The decision had to be corrected here because, according to the current law, bans on keeping dogs can only be imposed with regard to a specific dog, according to the reasoning. The legal possibility of imposing a specific breed-specific or general dog-keeping ban on a person does not currently exist. However, this point is to be changed in the planned amendment to the dog ownership law, the review of which ended on Tuesday.
- More on the topic: New law: What should change for dog owners in Upper Austria
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Source: Nachrichten
