Assertion: breed's dog | /r/HasProperty | a pit bull
Facets:
value: with mathematical certainty
type: OTHER
value: commonly
type: DEGREE
Source sentences:
text: If it is alleged in a proceeding that a dog is a pit bull, the onus of proving that the dog is not a pit bull lies on the owner of the dog.
text: In State v. Anderson , we stated: "In sum, we believe that the physical and behavioral traits of pit bulls together with the commonly available knowledge of dog breeds typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders are sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog."
text: Restriction A vicious dog (Pit Bull and Wolf-Hybrids) shall be annually registered and fee paid.
text: the dog owners claimed the ordinance was fundamentally unfair and therefore violated their right to procedural due process by forcing them to meet the burden of proving their dog was not a pit bull; however, the higher court found the ordinance was not fundamentally unfair provided the city was required to prove that dogs were pit bulls by the civil standard of "preponderance of evidence" rather than the criminal standard of "beyond a reasonable doubt.
text: The original dog of choice for the "ban the breed" crowd was the "pit bull.
text: Notify the government if the dog escapes, or if it bites a person or an animal Wisconsin South Milwaukee March 17, 1989 Ban "Pit Bull" as used in this ordinance means: Any Pit Bull Terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.
text: In the absence of evidence to the contrary, a veterinarian's certificate attesting that a dog is a pit bull is evidence of that fact.
text: She also argued that a provision allowing the Crown to introduce as evidence a veterinarian's certificate certifying that the dog is a pit bull violates the right to a fair trial and the presumption of innocence.
text: The judge also ruled that the government's ability to introduce a veterinarian's certificate certifying that the dog is a pit bull created a mandatory presumption that the dog was a pit bull, and that this placed an unconstitutional burden of proof upon the defendant.
text: The judge also ruled that the government's ability to introduce a veterinarian's certificate certifying that the dog is a pit bull created a mandatory presumption that the dog was a pit bull, and that this placed an unconstitutional burden of proof upon the defendant.
text: An identification using the above standards shall be prima facie proof and create a rebuttable presumption that a dog is a pit bull.
text: the dog owners claimed the ordinance violated substantive due process by creating a legislative presumption that a pit bull owner knowingly and voluntarily possesses a pit bull, and because it allowed the use of non-scientific evidence ( e.g. , expert opinion) to prove a dog is a pit bull; however, the higher court determined the ordinance preserves substantive due process by providing dog owners with a constitutionally adequate post-impoundment hearing, and reversed the trial court's imposition of a pre-impoundment hearing; in addition, the city was not required to prove a dog was a pit bull with mathematical certainty, and could use expert opinion and non-scientific evidence to prove its case in court.
text: the dog owners claimed the ordinance violated substantive due process by creating a legislative presumption that a pit bull owner knowingly and voluntarily possesses a pit bull, and because it allowed the use of non-scientific evidence ( e.g. , expert opinion) to prove a dog is a pit bull; however, the higher court determined the ordinance preserves substantive due process by providing dog owners with a constitutionally adequate post-impoundment hearing, and reversed the trial court's imposition of a pre-impoundment hearing; in addition, the city was not required to prove a dog was a pit bull with mathematical certainty, and could use expert opinion and non-scientific evidence to prove its case in court.
text: , expert opinion) to prove a dog is a pit bull; however, the higher court determined the ordinance preserves substantive due process by providing dog owners with a constitutionally adequate post-impoundment hearing, and reversed the trial court's imposition of a pre-impoundment hearing; in addition, the city was not required to prove a dog was a pit bull with mathematical certainty, and could use expert opinion and non-scientific evidence to prove its case in court.
text: the dog owners felt the term "pit bull" was imprecise and, thus, unconstitutionally vague because the average dog owner is not afforded fair warning of the act prohibited by the ordinance; however, the higher court found the standards for determining whether a dog is a pit bull are readily accessible to dog owners, and because most dog owners are capable of determining the breed or phenotype of their dog, the trial court properly determined that the ordinance provides adequate notice to dog owners and is not unconstitutionally vague.
text: , the Florida Third District Court of Appeal reviewed the city of North Miami ordinance regulating the ownership of pit bull dogs within the city limits, and held: (1) the ordinance did not violate the equal protection clause of the United States Constitution since the city's action in light of the evidence was neither arbitrary or irrational; (2) the ordinance's requirement to obtain liability insurance did not violate due process since the city had the right to regulate dogs under its police powers; (3) the definition of "pit bull" was not unconstitutionally vague, citing substantial precedent that laws requiring "substantial conformance" with a standard are not considered vague; and that mathematical certainty of a dog's identity as a pit bull was not required for a legal determination that a dog was in fact a pit bull.
text: In , we stated: "In sum, we believe that the physical and behavioral traits of pit bulls together with the commonly available knowledge of dog breeds typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders are sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog."