WV-South Charleston City Council Dog Law Passes First Reading

[Vicki]

SC dog law passes first reading

South Charleston City Council introduced an ordinance Thursday night regarding the regulation of dangerous dogs in city limits.

By Esther Hupp
For the Gazette
September 3, 2009

SOUTH CHARLESTON, W.Va. — South Charleston City Council introduced an ordinance Thursday night regarding the regulation of dangerous dogs in city limits.

According to Mayor Frank Mullens, the ordinance has been a work in progress since the beginning of his term and will let city residents know where dangerous dogs live and who own them. The ordinance includes strict guidelines for owners of pit bulls, Rottweilers and Presa Canarios, and heavy fines if owners do not comply.

If passed, the ordinance will require all dog owners of these breeds to obtain a permit from the city. The city, in turn, will issue a red tag that must be worn on the dog’s collar to identify it as a dangerous dog.

The city modeled the ordinance after laws in other cities around the country, Mullens said. The breeds listed are targeted because of their aggressive and dominant nature.

“I’m a dog lover,†Mullens said. “I’m not doing this to ban any breeds, but common sense tells you that there are certain breeds that have a vicious streak. I’ve never seen a story about a collie, poodle or Sheltie killing somebody.â€

Failure to register a pit bull, Rottweiler, or Presa Canario can result in a fine of $500 for every day the owner does not comply with the ordinance.

In addition to the red tags, dogs classified as dangerous in the ordinance must be kept in an enclosure. When taken out of the enclosure, the ordinance states that these dogs must wear a muzzle and be kept on a leash no longer than 6 feet.

Owners of registered dangerous dogs will also be required to post a sign with the words “Beware of Dog,†obtain $100,000 worth of liability insurance, and pay to have a microchip implanted into the dog by a veterinarian.

If the ordinance is passed, owners of the dogs listed will have 60 days to obtain their permit from the city or risk paying fines. Any person wishing to buy a dog of the types listed must obtain the permit before purchasing the dog.

“The control of animals in our city is the responsibility of the owners, and the owners need to be held responsible,†Councilman Ben Paul said. “It’s long past due.â€

The ordinance passed the first reading, and is set for a second reading and public hearing at the next council meeting on September 17.

http://sundaygazettemail.com/News/200909031006



Next reading of the ordinance on Sept. 17, 7:30 PM.

City Hall
4th Avenue & D Street, P.O. Box 8597
South Charleston, WV 25303
Phone: 304-744-5301
Fax: 304-744-6587

Contact info for City Officials
Mayor Frank Mullens
scmayor@cityofsouthcharleston.com
Dayton Griffith, Jr.
PO Box 8742, South Charleston, WV 25303
(304) 744-4729

Sonny Holstine
708 Oak Street, South Charleston, WV 25309
(304) 768-7446

Linda L. Anderson
4923 Kanawha Ave. SW, South Charleston, WV 25309
(304) 205-5635

Mr. Jeff Means
# 6 Ashlawn Drive, So. Charleston, WV 25303
Phone: (304) 744-0887
Email: jameans@suddenlink.net

Paul R. Neal
258 Staunton Avenue, South Charleston, WV 25303
(304) 744-2406

Mr. C. Ben Paul
609 Highland Avenue, South Charleston, WV 25303
(304) 744-1844

Kent Rymer
1203 E. Village Drive, South Charleston, WV 25309
(304) 766-6492

Jef Stevens
433 McDonald Avenue, South Charleston, WV 25309
(304) 437-4922

 

[Vicki]

Kanawha County
Friday September 4, 2009

City considers requiring some dog owners to get special permits, tags
Pit bulls, Rottweilers and canary dogs would have to wear red tags

by Ashley B. Craig
Daily Mail staff


SOUTH CHARLESTON, W.Va. -- South Charleston officials are mulling an ordinance that would require the owners of some dogs to get a special permit from the city.

Pit bulls, Rottweilers and Presa Canarios -- also known as canary dogs -- also would be required to wear red tags on their collars identifying them as a "dangerous dog," according to the proposed ordinance.

Mayor Frank Mullens said the exact cost of the permits hasn't been determined, but he believes it would end up being somewhere in the range of $10 to $20. The ordinance says the tags would be available at a cost of $100, but Mullens said he thinks that price is too high.

The mayor said he is a dog lover, but he's got a bone to pick with owners of certain breeds.

He introduced the ordinance at Thursday's city council meeting, but he said he has been working on it with the city's legal team since he took office in 2007.

Mullens said it has taken so long to come to fruition because he wanted to get it right. He said the city's attorneys were being very careful with the ordinance because they wanted it to be fair.

City officials also were doing research to see what other municipalities in the country are doing about the problem of dog attacks.

"I'm a dog lover," Mullens said. "I've got a Collie and a Sheltie, but certain dogs just have a vicious streak.

"I've never read anywhere where a Collie or a Poodle has killed somebody," Mullens said.

The proposal comes in the wake of several high-profile dog attacks in the state and around the nation.

Last year, a 5-year-old Fairmont girl was mauled by a neighbor's pit bull when the dog broke loose during a trip outside for exercise.

Last month, a pit bull attacked a 3-day-old boy in his crib in his home in the Hardy County. The child's mother told authorities that the pit bull grabbed the newborn by its head and shook. The boy died en route to the hospital.

Just this past weekend, in Jacksonville, N.C., a pit bull chewed off the toes of a 4-month-old baby.

Mullens said there have been reports in South Charleston, too, of bad behavior out of certain dogs. The mayor said the most recent incident he's heard of involved a dog that attacked its owner and badly injured her face. He did not name the dog's breed in that instance.

His proposed ordinance would require dogs of specific breeds to be placed on a registry that would be provided to the city's humane officer so that the officer would be aware of the location of each dog. The owners of the dogs would have to keep the dog either inside or in a pen, and they would be required to post a "Beware of Dog" sign on their properties, according to the ordinance.

The mayor said the most important goal of the new ordinance is to hold the owners responsible for their dogs' actions.

Mullens said the only thing that can happen to the owners now if the dogs get loose and attack someone is that their dog gets put down. Under the new ordinance owners could face penalties such as the dog being seized and fines.

"I want the owners of these dogs to be held accountable," Mullens said. "If the dog gets out and bites someone then they should be held accountable for what their dog has done."

The ordinance passed its first reading Thursday with no objections.

It is now up for public comment, with a public hearing scheduled at the next city council meeting Sept. 17.

At that meeting, council also will vote on the ordinance for a second and final time.

Mullens said there would be slight changes made to the ordinance before then.

The mayor said if the ordinance passes, the permitting process would begin immediately.

http://dailymail.com/News/Kanawha/200909031051

 

[Vicki]

South Charleston approves 'dangerous' dog ordinance

Friday October 2, 2009

South Charleston approves 'dangerous' dog ordinance
by Jessica M. Karmasek

SOUTH CHARLESTON, W.Va. -- After receiving critical feedback from the public, South Charleston City Council unanimously voted Thursday to pass a revised dog ordinance that has scrapped mention of any specific breeds.

Earlier versions of the ordinance would have required owners of certain canine breeds, such as pit bulls, Rottweilers and Presa Canarios, to be registered and given special red tags. When outside, those specific dogs would have to be kept in enclosures or muzzled and kept on short leashes.

Now, owners of dogs simply deemed dangerous must comply with the rules. The law classifies those dogs as ones that have bitten, attacked or injured a person or another pet while off their owner's property, or have been used for dog fighting.

A public hearing was held prior to the council's vote. Some still questioned the dog-fighting aspect of the ordinance.

Jo Staats of the West Virginia Pit Bull Haven said she feels the law simply is not enforceable because it is based on complaints.

She also asked that any "fighting" language be removed.

"When you refer to dog-fighting breeds, people immediately think pit bull," Staats said. "It's the first thing that comes to mind."

Staats lives in Wardensville, located about four hours from South Charleston. But she said her mother-in-law lives in South Charleston, so she often visits with her two pit bulls and her 145-pound Neapolitan Bull Mastiff.

Richard Lindroth of Kanawha Avenue also was concerned about the language.

He has a pit bull.

"She's the gentlest, sweetest dog I've ever owned," Lindroth said. "She's just not going to hurt anyone. But pit bulls have a bad reputation."

Mayor Frank Mullens said the dogs would have to demonstrate certain characteristics to be deemed dangerous.

But in the best interest of the public, Mullens said he would not take out the language pertaining to dog fighting.

"If you can prove the dog is not dangerous, then they won't have that designation," he said.

Councilman Jef Stevens agreed, "This ordinance simply gives us more bite when it comes to the owners -- a little more leverage to make sure dog owners are responsible.

We are not punishing all dog owners. And it has nothing to do with the breeds. We as a city should be able to react to protect the public."

Fellow council member Ben Paul said any dog can attack and turn vicious, which is why the breed-specific aspect of the ordinance and any references have been deleted.

"A dog would have to label itself dangerous by its own actions," he said. "Under this law, we will have an opportunity to investigate the situation thoroughly. The public is going to have to rely on our judgment.

"But no dog will be euthanized just because someone calls and complains."

Also Thursday, council listened to a proposal by Weberwood resident Karen Miller on holding an urban deer hunt in South Charleston.

Miller prepared legislation on the matter and presented it to the council.

"I want to make it clear, I'm a lover of animals and I'm a lover of deer, but that's why I think this is needed," she said.

"I feel the deer don't have enough food to eat, they're being hit by cars and they could be spreading disease."

According to the legislation she prepared, only bow hunting by licensed hunters would be permitted on 10-acre plots.

Councilman Paul Neal noted he has seen 10 to 15 deer at a time near the Dow property, for instance.

Paul said hunters should be required to have liability insurance "to cover any mistake they make."

The proposed legislation will be referred to the ordinance committee.

http://dailymail.com/News/200910010218