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Commissioners discuss stricter pet ordinances

Published on -7/3/2009, 12:34 PM

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By KALEY CONNER

kconner@dailynews.net

It remains uncertain whether a ban on pit bulls and other dog breeds will be the Hays City Commission's solution to a lingering controversy, but commissioners seem to agree stricter regulations are needed.

Commissioners discussed the issue of pet ordinances in-depth at Thursday's work session and agreed to continue revamping the city's existing dangerous and vicious dog legislation.

"The only conversation we've gotten is either completely yes or completely no," Commissioner Troy Hickman said. "I wonder if there's not maybe some ground in between."

Commissioners discussed imposing stricter regulations on dog owners, particularly residents who choose to own a breed of canine that is known to be dangerous and those who do not register their pets.

Hickman suggested listing certain breeds, such as pit bulls, as dangerous dogs under city ordinance. This would mean pet owners would need to take additional precautions to keep their pet in town.

The issue of identifying these dogs also was discussed. Pit bulls can be difficult to classify based on appearance, and the word of an animal control officer or veterinarian is not always sufficient in court, City Attorney John Bird said.

Police Chief James Braun said the proposal is similar to legislation recently implemented by Wichita. Braun presented commissioners with additional research, including model ordinances other Kansas cities have adopted.

However, city staff does not have a recommendation whether or not Hays should implement a breed ban. Braun noted the situations seem to vary between communities.

"I'm here to tell you that whatever you decide, the police department and animal control will carry out," Braun said. "I don't have a recommendation one way or another, because I've got just as many people telling me we should do it as we shouldn't do it."

Besides legislation, enforcement was another issue commissioners discussed in-depth. The commission agreed a first step is to improve the city's current law requiring residents to register their pets at city hall.

Braun said there are about 1,400 registered dogs in Hays, 21 of which are pit bulls. However, he also estimated there are as many as 5,000 dogs in the city, most of which are not licensed.

City staff was instructed to prepare an ordinance implementing stiffer penalties for residents who do not license their pets, and discussion will continue at a later date.

Commissioners heard from two residents, one of whom spoke against the breed ban, and another who favored it, noting her child recently was attacked by a pit bull.

The commission also was presented with a petition, containing almost 290 signatures, against the breed ban.

"If everybody was a good, responsible dog owner, and I don't care what breed it is, and would follow a lot of the ordinances these other towns do by keeping any kind of dangerous or aggressive dog muzzled, locked up, that would solve this problem," Mayor Ron Mellick said. "There again, a few bad apples spoil it for everybody. It's just a hard decision."

Discussion follows an April 29 incident in which a pit bull/mastiff mix attacked and killed a smaller dog, which was out for a walk with its 10-year-old owner.

Vice Mayor Chris Channell expressed concern for the safety of Hays residents and said steps must be taken to prevent future incidents.

"The goal I think we need to look at is reducing the potential harm to the public," Channell said.

In other business:

* Commissioners discussed an ordinance regulating door-to-door solicitation. The city's regulations need to be updated in keeping with state statute and will be discussed next week.

* Mayor Ron Mellick inquired whether there were local ordinances governing adult-themed, sexually graphic businesses. There is nothing in place, and commissioners agreed to look into the issue and solicit information from the Hays Area Planning Commission.

* A letter of agreement with Paul and Wertenberger Investments will be on next week's agenda for action. The company has plans to develop condo-style homes at the northwest corner of 33rd and Hall.

* A bid for an aircraft rescue and firefighting vehicle in the amount of almost $568,000 will be acted on next week. The purchase is expected to receive 95 percent funding from the Federal Aviation Administration.

* Abatement of a dangerous structure at 101 E. 16th was discussed and will be on next week's agenda.

* A Kansas Department of Transportation grant application for improvements to Vine between 18th and 22nd was discussed and will be acted on next week.

* An amendment to an agreement conveying Greenbriar Street to the city will be on next week's agenda.

* A bond calling in the amount of about $1.74 million for two bonds was discussed and will be acted on next week.

7 comment(s) found
: 8/5/2009
its not the breed of the dog its the way it is raised if you raise it to be a good dog it will be if not then you get a vicious animal it all falls on the owner not the dog
(Posted by: unknown)
and also: 7/15/2009
It's not "most of the time a pit bull". The number one breed for bites is labs... Just thought I'd throw that in there.
(Posted by: Stephanie)
Ok?: 7/15/2009
So you are saying that I cannot have my dog chained up in the yard, because some parent is letting their kid wander around?? I don't think so.
(Posted by: Stephanie)
wow: 7/15/2009
it's not right for us to have to seclude ourselves from society because we have just one certain breed of dog!!! if i thought my pit bull was the least bit dangerous, trust me, i wouldn't have her. i've got a three year old daughter that jumps all over her and pulls her tail and ears, and alls she does is just lay there.. tell me that's vicious. i understand there are some DOGS out there, NOT JUST PIT BULLS!! that are aggressive, but maybe you should look at how the owners are raising them. dogs are not the easiest things to raise. you've got to have some knowledge before you take on the care of a puppy/dog.
(Posted by: RESPONSIBLE pit bull owner)
Too many attacks: 7/13/2009
Just because something is 'tied' up and on your property doesn't make it ok or the owner free from all liability. Your reasoning says it's ok if I have a 40 foot deep hole in my front yard as if a kid falls it in, that's their fault. All dogs bite. All breeds have victimized someone at some point in time. The point being made is most of the time it's a pit bull and due to their size, also the breed doing the most damage- including death. If you want a pet, pick another breed of dog, get a cat, or move out in the country away from us.
(Posted by: Protect the kids )
the little girl: 7/10/2009
ok, here's the thing. the lady went to the meeting with her little girl, and she said that the dog was on the leash and everything. my question is, is where was the parent when the little girl was off around dogs. surely the dog owner was not just wandering around yards. maybe being a responsible parent would help. i understand that it was a tragic to have your little girl bit by a dog that JUST SO HAPPENED to be a pit bull. if you are going to ban every dog that bites someone, you may as well ban all of them, because it's bound to happen.
(Posted by: anonymous)
For the Ban: 7/5/2009
I read this on the heals of just awarding a little girl in my contest this past .-Saturday. This little girl is a Hays resident and had been attacked one month ago by a pit bull and a masvie wound to her face just from her lower eye area down to the cheek bone. She seems to be recovering nicely but will live forever with this. I have think her parents put her in the contest to help her selfesteem after I heard second hand that she who is only four said she will never be beautiful again. I tell you that if this doesn't pull at your heart and say there needs to be something done, an ordiance or I feel a ban altogether well than when did we start putting animals before chlidren or humans for that matter. I had awarded her last night with help from a very wonderful women and we honored her as our Most Beautiful Cowgirl of all! After which I heard her Mother ask her who is the most beautiful with the little girls response, Me, whos the bravest little girl, Me and who is the smartest little girl, Me with Mom then saying see hunny its just not Mommy its everyone! I hope all the best to that ilttle girl and her family. I can only say that as a dog owner and a Mother no matter how hard it would be to get rid of my animal if someone told me that my very dog was a breed of aggresion and my family, CHILDREN and other people are at risk the dog would be the one to go and not because I don't love her but because I love my kids and the safety of others that much more. Shes a cattle dog and without much training its just in her blood to know what to do and shes a wonderful cattle dog...just like pitbulls have it there blood to be aggresive and no matter how wonderful the owner I think they always have a side to them that become very, very nasty.
(Posted by: )

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