The Chihuahua Club of America last year claimed that Hollister was inappropriately using its copyright of the breed's description.

A member of the Chihuahua Club of America issued a notice to the
city council during its meeting last week that Hollister’s
description of a Chihuahua
– in its ordinance to force pet owners to spay and neuter their
dog – is in violation of a copyright owned by the club.
A member of the Chihuahua Club of America issued a notice to the city council during its meeting last week that Hollister’s description of a Chihuahua – in its ordinance to force pet owners to spay and neuter their dog – is in violation of a copyright owned by the club.

The description is considered “breed perfect” and is the written standard, said Lynnie Bunten of the Chihuahua Club of America, based in San Antonio. But its usage is restricted to only judging standards and cannot be published for anything, she contended.

“The reason why we have these standards is to hold it up to see if it is a perfect Chihuahua,” Bunten said.

The usage in Hollister’s ordinance describes the Chihuahua as “any dog that is a Smooth Coat Chihuahua, Long Coat Chihuahua or any dog that exhibits physically traits of any other or more of the above breeds or any dog exhibiting those distinguishing characteristics with conform to the standards established by the American Kennel Club, United Kennel Club or American Dog Breeders Association.”

City Attorney Stephanie Atigh said she knew about the response from the Chihuahua Club but believed the city wasn’t doing anything wrong.

“It’s hogwash,” she said. “We can use it in the way we are.”

Over crowding of Chihuahuas and pit bulls caused the city council to look at ways to reduce the population, which resulted in the drafting of the spaying and neutering ordinance. It was expected for adoption Aug. 16, but critics flowed into the city council chambers and prompted a delay from the council, which pulled it from the agenda. Council members said they would work with those opposed to revise the proposal.

Some critics noted that the city’s animal shelter won’t be open for those who work – the city recently dropped Saturday hours – and the shelter prevents the direct adoption of pit bulls, causing a higher population of the dog.

But that’s not entirely true, Animal Shelter Supervisor Julie Carreiro said.

The city’s shelter does have a policy that restricts the adopting of pit bulls and wolf hybrids due to their believed danger, but it doesn’t completely stop their adoption.

All pit bull adoptions must go through an animal rescue nonprofit such as Pet Friends or All Creatures Great and Small Rescue, Carreiro said. The only thing that will prevent a pit bull from being adopted is if the dog can’t pass a temperament test – like all dogs.

The policy has been in effect for some time and there was never a complaint before, Carreiro said.

“It’s been here before I was here and so far there have been no problems,” she said.

Carreiro didn’t know when the policy was first established and if other communities have similar policies, she said.

Vivian Kennedy of All Creatures Great and Small Rescue doesn’t see an issue with the shelter’s policy.

“What I would like to be known is they just don’t go out and kill – they will go out of their way to save an animal’s life,” Kennedy said.

Kennedy agrees with the city’s intentions with the ordinance because it would remove the dogs from people who have wrong intentions, she said.

“I think it would be better to have it mandatory across the board, but the two breeds that take up the most space at the shelter are the Chihuahua and the pit bull,” Kennedy said.

Bunten also agrees with spay and neutering when the dog isn’t being bred or used at a show, but disagrees with the city’s ordinance.

“To tell me that I have to spay and neuter my dog is a violation of my personal property – it’s like telling me what color I have to paint my house,” Bunten said.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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