Tag Archives: vicious

Garden City Kansas to revisit breed discriminatory law

A Garden City attorney has asked the city commission to re-evaluate the cities breed discriminatory law, which was passed in 2002.

The current law labels the American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier, and mixed breeds that have “the appearance of being predominantly one of those three breeds” as automatically vicious.

This designation carries with it requirements that must be met if the dog is to be kept in the city.  From the current city code:

“The owner of a vicious dog shall be subject to the following requirements:

(1)Confinement. All vicious dogs shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner. The pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top attached to the sides. If no bottom is secured to the sides, the sides must be embedded into the ground no less than two feet. All pens or structures must be adequately lighted and kept clean and sanitary. The enclosure must also protect the dog from the elements.

(2)Leash and muzzle. The owner of a vicious dog shall not allow the dog to go outside its kennel, pen, or structure unless the dog is muzzled, restrained by a chain or leash not more than four feet in length, and under the physical control of a person. The muzzle must not cause injury to the dog or interfere with its vision or respiration but must prevent the dog from biting any human or animal.

(3)Signs. The owner of a vicious dog shall display in a prominent place on the owner’s premises a clearly visible warning sign indicating that there is a vicious dog on the premises. The sign must be readable from the public highway, street, or thoroughfare. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog. Similar signs shall be posted on the dog’s kennel, pen, or enclosed structure.”

These things are also required of dogs, who based on their behavior, have been declared vicious.  The request is to remove the breed based language from the law, leaving the vicious dog ordinance in place.

City officials have agreed that since the law had not been evaluated in over ten years that it would be worth evaluating now.

The city attorney is drafting changes to the ordinance and the changes will be brought forward at an upcoming meeting that has yet to be given a date.

Residents are encouraged to reach out to the commission to support a repeal.  Please write to encourage the commission to remove the breed discriminatory language and to strengthen the breed neutral portion of the law to keep the community safe.  There are ways in which the breed neutral portion of the law can be strengthened.  For example, there is currently no definition of a potentially dangerous dog.  A dog is either vicious or it isn’t.  Having more nuanced categories allows officials to do something about a dog that may not be vicious but is not being kept in the safest way possible in the community.  A reckless owner ordinance would also be a fantastic replacement for the breed discriminatory law, because it puts continued responsibility on the owner, even after they may get rid of a dog that has been declared vicious.

Be polite, factual and thank the commission for being willing to discuss the issue.

dan.fankhauser@gardencityks.us,
roy.cessna@gardencityks.us,
mdale1@cox.net,
janet.doll@gardencityks.us,
chris.law@gardencityks.us

Advertisements

Norwalk Ohio considering repeal of discriminatory law

For many years the state of Ohio considered dogs deemed to be pit bulls vicious based solely on appearances.  As with all these laws, it is a misnomer to say that this law was based on breed because the actual breed of the dog was not considered, just that the dog looked a certain way.

After years of hard work involving many people and groups, the breed specific portion of state law was dropped in 2012.  We have seen many repeals on the smaller municipal level in response to this.  Now it appears that Norwalk may follow suit.

City Law Director Stuart O’Hara has said that the state law sufficiently covers the needs of the community when dealing with dangerous dogs, implying that local law should mirror state law.

Currently Norwalk’s ordinance classifies a dog deemed to be a pit bull as vicious, mirroring the old state law. From the ordinance:

(d)“Vicious dog” means a dog that meets any of the following: (3)Except as set forth herein below, belongs to a breed of dog commonly known as pit bull dog. The ownership, keeping or harboring of such a dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog…

This declaration of being vicious carries a long list of requirements, including confinement (kennel) requirements, muzzling, insurance and special registration. The full ordinance can be found here.

Residents and locals: Please reach out to offer encouragement and support for a repeal of Norwalk’s breed discriminatory law.

Council information:

Steve Euton: euton1@frontier.com

Deborah Lucal: dlucal15@aol.com

Robert Carleton: bcarleton1942@gmail.com

Samantha Ludwig: samludwig10@gmail.com

Chris Mushett: cmushett@hcjpc.com

Kelly Beck: kellysarahbeck@aol.com

Scott Meyer: ripwing212@aol.com

Stephen Schumm: sfschumm@aol.com

Great Bend KS to discuss ban

The Great Bend City Council will discuss a possible breed ban during their next meeting.

The meeting will be held on Monday May 20th.

There is limited information at this time about what positions the council takes and this appears to be a residents request that is being considered. The Council will consider a ban on “pit bulls and other vicious dogs.

The Great Bend City Council will meet at 7:30 p.m. Monday at the City Office, 1209 Williams, Great Bend, Kansas.

Residents and locals: Please attend the meeting to respectfully and factually support breed neutral laws. Alternatives to breed discrimination can be found here. Tips for contacting legislators can be found here.

If you cannot attend the meeting please write with your opposition to a ban.

The Great Bend staff directory can be found on the cities website.

There are no e-mail addresses available for the individual council members but you may write to the City Administrator City Howard Partington at
hdpart@greatbend.com with a note that the correspondence is for the council.

Summit County, OH: Ordinance revisions will not be breed-specific

Although the article below indicates that Summit County is removing language that references specific breeds, I couldn’t actually find any reference to specific breeds in the original county ordinance. Maybe they were talking about the old state law?

Nevertheless, it’s good news that Summit County intends to keep BSL out of their new animal ordinance. The August 27 agenda for Summit County council indicates that this proposal will have a second reading on that date. You can read the full text of the proposed revisions here.

Note: The proposed ordinance only applies to unincorporated areas of the county. Cities within Summit County are unaffected and will continue to follow their own city ordinances.

County proposing updates to animal laws

8/23/2012 – West Side Leader
By Kathleen Folkerth

[…] During Summit County Council’s Rules Committee meeting Aug. 20, members recommended Council adopt the changes, which came about because of House Bill 14 regarding dangerous dogs.

Jason Dodson, chief of staff for County Executive Russ Pry, said the amended ordinance provides definitions of nuisance dogs, dangerous dogs and vicious dogs, and removed references to dogs by breed.[…]

Full article retrieved 8/24/12 from http://www.akron.com/akron-ohio-community-news.asp?aID=16776

Lebanon, OH: BSL repealed

Lebanon, OH, repealed its breed-specific ordinance back in May. The old ordinance banned Staffordshire Bull Terriers and American Staffordshire Terriers, and categorized those two breeds and Rottweilers as “vicious” dogs.

We finally received the new ordinance and confirmed that it is breed-neutral. Read the new ordinance: Lebanon dog ordinance

Please THANK the city council for removing breed discrimination: citycouncil@lebanonohio.gov

All alerts for Lebanon: https://stopbsl.org/?s=lebanon

Painesville, OH: BSL repealed

Painesville, OH, officially passed revisions to their dog ordinance last night that deleted the “pit bull”-specific language, making the ordinance breed-neutral.

You can read the revisions here, provided by the council clerk: Dog Ordinance #24-12

Please THANK city council for repealing the breed-specific law!
jbell@painesville.com; jhada@painesville.com; ldinallo@painesville.com; jfodor@painesville.com; aflock@oh.rr.com; kjenkins@painesville.com; mdeleone@painesville.com; phach@painesville.com

Many thanks to For the Love of Pits for reporting this success to us!

Bay Village, OH: BSL repealed

Bay Village, OH, has repealed BSL. Their city law mirrored the old Ohio state law by automatically categorizing “pit bulls” as vicious dogs. The city has rewritten their dog ordinances to more closely resemble the new, breed-neutral state law.

You can read the new ordinance here: http://www.cityofbayvillage.com/media/111689/res._12-41_dangerous_and_vicious_dogs_and_declaring_an_emergency.pdf

Not all council members have e-mail, but you can send your thanks to the council members through the city clerk at Jkemper@cityofbayvillage.com.