Assignment task:
Our client, Taylor Madison, was recently elected to a position as county supervisor in Blackacre County. As part of his campaign, he assured the voters of Blackacre County that he would "remove the scourge of dangerous dogs from our safe community." This campaign pledge was a response to an incident last year where a dog escaped an enclosure and seriously injured a little boy who had been throwing rocks at the dog. Though the breed of dog was undetermined, Mr. Madison found that villainizing pit bulls seemed to be popular with voters. Now that he has been elected, he found the other county supervisors are also in favor of banning dangerous breeds of dogs from Blackacre County, especially pit bulls.
Mr. Madison would like our law firm to find an example of a municipal code that he can use as a model for his own dog ban legislation in Blackacre County. Your supervisor has requested that you locate a code section that is appropriate for his purpose, and provide the actual code language that he can use as a model. Be sure to consult and cite to primary legal authority for this model code example.
Your supervisor has also asked you to consult American Law Reports regarding dog bans. American Law Reports is a secondary source that legal professionals use to find primary law. You can find American Law Reports in Westlaw under secondary sources. Your supervisor particularly wants to know if courts have generally found such laws to be constitutional. Use American Law Reports to find a case that has ruled on the constitutionality of dog bans. Discuss how and why the court ruled the way it did and cite to the case in Bluebook format.