WV-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