Following the fatal bite attack of several American Staffordshire Terriers on a jogger in Naarn im Machland in October 2023, the mayor issued an order banning the dog owner from keeping her four American Staffordshire Terriers and all other dogs of this breed. This decision has now been partially withdrawn.
The fatal dog attack in Naarn also involved the Linz administrative court on Wednesday. The mayor issued a decree banning the keeping of the four American Staffordshire Terriers and all other dogs of this breed. The dog owner has filed a complaint against this decision.
Based on the case documents and the public oral hearing, the court came to the conclusion that the decision regarding the four named American Staffordshire Terriers should be confirmed. The Dog Husbandry Act states: “Keeping a dog is prohibited if the owner is unable to keep the dog in such a way that danger to or unreasonable intimidation of people and animals is prevented.”
Legally not possible
However, the decision had to be corrected regarding the ban on keeping all dogs of the American Staffordshire Terrier breed. According to the current version, a ban on keeping dogs can only be issued in respect of a specific dog. According to the current legal situation, it is not possible to impose a ban on a person from keeping dogs based on specific breeds or a general ban on keeping dogs. In other words: the owner can have dogs again in the future.
Source: Krone

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