Vicki
Administrator
Proposed breed ban under fire
By Erin McKeon
The Facts
Published July 23, 2009
WEST COLUMBIA — Public outcry and state law have City Council members rethinking a proposed ordinance that would have banned pit bulls and Rottweilers from West Columbia.
The proposal, which West Columbia City Council approved four-to-one last week, asked the city attorney to draft an ordinance.
Council later found out banning specific breeds is against Texas law.
“There is a big, long menu of legal things that cities can do about dangerous dogs, including all kinds of restrictions and confinements and liability insurance and seizing and destroying the dog,†Oyster Creek City Attorney Larry Boyd said. “But state law specifically prohibits legislation that is specific to any one breed.â€
Now that council members know that, and in reaction to the overwhelming opposition, West Columbia council will research the law and come up with alternatives, Mayor Laurie Kincannon said.
A county or municipality can place additional requirements or restrictions on dangerous dogs if the requirements or restrictions are not specific to one breed or several breeds of dogs, according to section 822.047 of the Texas Health and Safety Code.
A dog is deemed vicious if it lashes out at people, snarls, lunges or attempts or succeeds at attacking a person, according to the code.
“I’ve been conferring with the mayor and the city is aware of the issues surrounding the breed ban ordinance and they are considering holding a special meeting so that can be addressed,†City Manager Debbie Sutherland said.
Council initially was moved to act after several residents complained at the July 13 council meeting that a pit bull lunged at a West Columbia resident and knocked her down, council members said.
“I think probably what they will do is conduct a review of the existing ordinance and have a discussion,†Sutherland said. “I would imagine the discussion may enlighten the citizens and calm some fears.â€
As of Wednesday afternoon, the special meeting had not been scheduled, she said.
West Columbia City Attorney Wes Griggs left for vacation a few days after the meeting last week in which he was asked to draft the ordinance, and hasn’t had a chance to review information and get back with the council, Kincannon said.
“We merely asked him to draft an ordinance,†she said. “He has certainly not had time to do that or even look into the issue. When he got into it and saw the state laws that conflicted, he would have informed us of it.â€
The existing city animal ordinance requires every owner of a dog older than 3-months-old to be licensed through the city. Owners of more than three dogs must have special permits after an inspection of the facilities in which the animals are housed.
Council now struggles to find the balance between protecting residents and protecting the right to own animals in the city, Kincannon said.
“We have every intention of dealing with this matter in a fair manner, but we also have to keep in mind that a citizen did come to us requesting that we do this and we also have to keep in mind the safety of our citizens,†Kincannon said.
Boyd said he has dealt with the issue extensively because an Oyster Creek resident asked for a breed-specific ban because of what he called vicious animals within the city limits.
To combat the issue there, Oyster Creek City Council is having a public hearing on a proposal that would force pet owners within city limits to take out insurance policies on their pets.
Erin McKeon is a reporter for The Facts. Contact her at (979) 237-0152.
The Facts
By Erin McKeon
The Facts
Published July 23, 2009
WEST COLUMBIA — Public outcry and state law have City Council members rethinking a proposed ordinance that would have banned pit bulls and Rottweilers from West Columbia.
The proposal, which West Columbia City Council approved four-to-one last week, asked the city attorney to draft an ordinance.
Council later found out banning specific breeds is against Texas law.
“There is a big, long menu of legal things that cities can do about dangerous dogs, including all kinds of restrictions and confinements and liability insurance and seizing and destroying the dog,†Oyster Creek City Attorney Larry Boyd said. “But state law specifically prohibits legislation that is specific to any one breed.â€
Now that council members know that, and in reaction to the overwhelming opposition, West Columbia council will research the law and come up with alternatives, Mayor Laurie Kincannon said.
A county or municipality can place additional requirements or restrictions on dangerous dogs if the requirements or restrictions are not specific to one breed or several breeds of dogs, according to section 822.047 of the Texas Health and Safety Code.
A dog is deemed vicious if it lashes out at people, snarls, lunges or attempts or succeeds at attacking a person, according to the code.
“I’ve been conferring with the mayor and the city is aware of the issues surrounding the breed ban ordinance and they are considering holding a special meeting so that can be addressed,†City Manager Debbie Sutherland said.
Council initially was moved to act after several residents complained at the July 13 council meeting that a pit bull lunged at a West Columbia resident and knocked her down, council members said.
“I think probably what they will do is conduct a review of the existing ordinance and have a discussion,†Sutherland said. “I would imagine the discussion may enlighten the citizens and calm some fears.â€
As of Wednesday afternoon, the special meeting had not been scheduled, she said.
West Columbia City Attorney Wes Griggs left for vacation a few days after the meeting last week in which he was asked to draft the ordinance, and hasn’t had a chance to review information and get back with the council, Kincannon said.
“We merely asked him to draft an ordinance,†she said. “He has certainly not had time to do that or even look into the issue. When he got into it and saw the state laws that conflicted, he would have informed us of it.â€
The existing city animal ordinance requires every owner of a dog older than 3-months-old to be licensed through the city. Owners of more than three dogs must have special permits after an inspection of the facilities in which the animals are housed.
Council now struggles to find the balance between protecting residents and protecting the right to own animals in the city, Kincannon said.
“We have every intention of dealing with this matter in a fair manner, but we also have to keep in mind that a citizen did come to us requesting that we do this and we also have to keep in mind the safety of our citizens,†Kincannon said.
Boyd said he has dealt with the issue extensively because an Oyster Creek resident asked for a breed-specific ban because of what he called vicious animals within the city limits.
To combat the issue there, Oyster Creek City Council is having a public hearing on a proposal that would force pet owners within city limits to take out insurance policies on their pets.
Erin McKeon is a reporter for The Facts. Contact her at (979) 237-0152.
The Facts