Commissioners discuss stricter pet ordinances

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.