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City Council Hears Vicious Dog Ordinance, but Takes No Action

June 27th, 2013 by

Mickey & FriendTuesday evening at their regularly scheduled monthly meeting, the Monticello City Council reviewed an ordinance that would establish guidelines for owning and controlling dangerous dogs in the City.

The ordinance would not ban any specific breed from the city. It would, however provide requirements for owners of Pit Bulls that go beyond the requirements for owners of other dog breeds.

Anyone owning a Pit Bull in the city limits would be required to be 21 years of age or older. All Pit Bull breeds would be required to be spayed or neutered, unless it can be demonstrated that they are registered show dogs actively being shown, with AKC and UKC being the two recognized registries. All Pit Bull owners would be required to have a valid city license for their dog, proof of rabies and other vaccinations. The owner would further be required to have their Pit Bull registered with the City, to pay an additional registration fee, to have a valid Pit Bull registration number assigned by the City, have their current address on file with the City, and to notify the City within 10 days of any change of address or location of the dog, and to notify the City if the dog dies. The owner would not be permitted to sell or give the dog to anyone other than a member of their household or a person living outside the City of Monticello.

The ordinance sets forth a number of definitions, including a definition of the requirements for proving that a dog, specifically bulldog breed, is a registered show dog. It defines “dangerous dog” and “vicious dog” as well. It outlines requirements for housing and maintaining a “dangerous dog”, as well as outlining actions authorities may take in dealing with these dogs.

As explained to the Council, a dog is considered dangerous either by its demonstrated actions, or by the fact that it is a Pit Bull breed. As explained to the Council, a dog is considered vicious either by its demonstrated actions, or by the fact that it is a Pit Bull breed.

Members of the Council expressed concern that individual dogs would be defined as vicious simply because of their breed, regardless of the individual dog’s actual temperament or training. The Council also expressed concern that a dog being provoked might unfairly be considered vicious.

According to this ordinance, the definition for “dangerous dog” would include 1.) a dog which without provocation attacks or bites a person engaged in lawful activity; 2.) attacks or bites another domestic animal; 3.) exhibits a tendency to attack, cause injury or threaten the safety of persons or other animals without provocation; 4.) chases, confronts or approaches a person in a menacing fashion when off its owner’s property; 5.) acts in a manner that causes, or should cause, its owner to know that it is potentially vicious; 6.) is a Pit Bull as defined in this ordinance.

A “vicious dog” is defined by this ordinance as any dog which 1.) causes death or serious injury to a person engaged in lawful activity; 2.) attacks or bites without provocation and with such severity as to cause physical injury or property damage to a person on two or more occasions within a 12 month period; 3.) while off the owner’s property, seriously injures or kills another domesticated animal without provocation; 4.) is trained for dog fighting, or is kept for the purpose of dog fighting.

The ordinance outlines housing for dogs that are defined as “dangerous dogs”. They must be kept either indoors, or in an enclosed and locked pen or physical structure with a securely attached top. If the pen has no bottom secured to the sides, the ground beneath the gate must be secured with imbedded posts. The sides of the pen must be imbedded into the ground no less than one foot deep; if the pen’s bottom is concrete, the sides must be imbedded only 2 inches deep into the concrete. All pens must have adequate light, and be kept in sanitary conditions.

The ordinance would further require that during times the dog is not confined, a “dangerous dog” must be securely muzzled and restrained by a chain or leash and under the physical restraint of a person capable of restraining the dog.

The owner would also be required to prominently display signs on premises warning that there is a dangerous animal on premises. A similar sign would be required to be posted on each side of the dog’s pen or kennel.

This ordinance would not allow an animal that is considered vicious to be kept within the city limits.

After considerable discussion a motion was made to vote on the ordinance, but there was no second made, so the ordinance was tabled for further consideration.

 

~~~~~~~~~~~~~~
Vicious Dog Ordinance on City Council Agenda
June, 25, 2013

z pit-bull-300x188In a recent City Council meeting, the Humane Society’s Ruby Burton estimated that there are 400-500 pit bulls in East End, with many of them being hid by their owners. She also mentioned a problem with pit bulls in the Indian Mounds area.

A local child had her ankle broken and other injuries, last December, in an incident covered statewide TV.

Garland County is currently considering restriction on the animals, there, following a chil’s death from a dog attack, last week.

Burton also told the council that most of these dogs are in a state of neglect by their owners, and recommended the city ban pit bulls (and other vicious dogs) from the city, or require them to be registered and carry a $100,000 insurance policy.  Any dog, regardless of breed can be a “vicious dog” based on it’s own actions and history.

After researching other cities’ policies, and the legal aspects involved, the Monticello City Council will consider imposing restrictions on “vicious dogs” in their meeting, tonight.

The meeting is at City Hall, starting at 6 pm.

38 Responses to “City Council Hears Vicious Dog Ordinance, but Takes No Action”

  1. Deborah Hyatt says:

    What constitutes a “vicious breed”. It really sounds like we have a people problem, not an animal problem.

  2. A momma!! says:

    If you BAN PITTS BAN ALL DOGS!!!

  3. I LOVE my Pit Bull! says:

    I own pit bulls and live in the city limits. Mine are all in plain sight as well. My grandmothers mutt is more likely to bite you than my dogs. It is all in how you raise your dogs. Some of the comments that I have heard on this subject are very ignorant and one sided. People need to see the other side to this, some of us have respect for others and we keep our dogs put up. And another thing, maybe if you taught your children not to taunt dogs then maybe they wouldn’t get attacked. My children know better than to mess with a dog they have never been around before and to not taunt them anyways. Why not ban all the little ankle biters that run up and latch onto your leg wile you are walking into their yard to read the meter, deliver the mail, etc. If this is the case of “vicious” dogs then lets ban them all. Whose to say that your boxer wouldn’t attack someone or “break” a child’s leg?? Any dog could turn on you in a heartbeat not just pits. Don’t punish the ones that have to well mannered ones. I don’t ask for any negativity from this but trying to show others a different view on all of this.

  4. Mimi says:

    The majority of animal issues in cities & towns across America stem from irresponsible owners. Banning breeds is not the ultimate answer. Making people understand the importance of spay/neuter & responsibe pet ownership will go much further than a breed ban.

    A good statement is printed in this article: Any dog, regardless of breed, can be a “vicious dog” based on it’s own actions and history. Sadly, American Pit Bull Terriers, Staffordshire Terriers, Rottweilers, German Shephers, & other loyal breeds are caught in the crosshairs. Many smaller breeds, such as Chihuahuas, Yorkies, Rat Terriers, Jack Russell Terriers, & even Dachsunds attack more often than the “vicious breeds”, yet they do not get reported. Focus on people & their treatment (or mistreatment) of their pets.

    Spaying & neutering will cut down on the unwanted litters that end up roaming &/or getting dumped. Pack mentality & actions result in survival-at any cost. Survival includes protecting/defending the area an animal is in or finds food/shelter-even if only temporarily.

    The only way negative issues like animal overpopulation & attacks will ever improve is when people work together & accept responsibility to do their part.

  5. Livin in Cella says:

    How about a permit to purchase, own, or sell one of these in city limits as well? Also some cities require the owners of such breeds to have a micro chip installed in the dogs for GPS tracking. When the chip falls off the GPS the police issue a ticket and investigate it. Hard to take your dog to the fight with lojack installed in him. I believe that fine that comes to mind is about $500 for first offense tampering. Also a regular site visit to the owners house to ensure that only one dog per half acre of land would be helpful. Perhaps nobody in city limits should be selling that isn’t a registered dog breeder. This helps curb dog theft. You can also require dog owner who don’t have a breeders license to spay or neuter or pay a fine plus the cost of having the dog spay or neutered. We could do this for all breeds and really cut down the unwanted dog population.

  6. I pray this will pass for the very good of the town. My grandson was attack when a Pit pulled his chain and stake out of the ground. He went through a horrible experience for age 9. His friend’s mother saved him. Ten more minutes, she would have been gone to town. So let’s VOTE the dogs OUT of Monticello. It might save a child.

  7. Walter Dodson says:

    Sounds like the problem isn’t the dogs. If she knows of this many dogs in east end and Indian mounds that are being used for fighting or abused. Then sounds like the police needs to get out there and take some action. Or the human society. Everyone shouldn’t have to pay for a fews stupidity you can’t fix stupid. And this is only gonna punish the law a bidding citizens.

  8. Stacey says:

    I would like to say any dog and can be vicious no matter what breed. The number one problem with Pitt Bulls are their owners. Some are mistreated and trained to fight which is illegal. Need to look into to the owners and see how the dogs are being treated. Some are left tied to a tree and not being fed. I understand peoples concerns, but I blame the owners for the dog’s actions.

  9. steve says:

    if all this is true maybe someone can explain why you cannot get liability on you home owners if you own a friendly pit,rot,doberman german shepard chaining them to a tree and using a steel drum for a house is inhumane

  10. Perform it before you preach it says:

    Ruby Burton should take care of her own dogs before she tries to tell anyone else how they should handle their pets. If she was taking care of and counting her own she wouldn’t have enough time to count 400-500 dogs anywhere else.

    “Burton also told the council that most of these dogs are in a state of neglect by their owners” What does that say about her own dog’s that she neglects? Is that double standard?
    .

  11. garland county attack says:

    The attack on the girl that started the pitt bull scare wasn’t even a pitt bull. It was a bull massive and that breed is not mentioned.

  12. Mel says:

    I came from Garland County years ago, owned pit bulls here and there as well. I have always been, and always will be a responsible owner. My dog is pinned in the yard here, and in Garland County she ran loose in the country. Our animals have always been well taken care of and never trained to be vicious. One of them died shortly before his 16th birthday, and not one time did I ever have an issue with him being aggressive around mine or any one else’s children. The animal we have now is elderly and pretty much struggles just to get up from a nap, so obviously I have no fear of her hurting anyone, nor has she ever tried. The only problem we ever had when she was younger and ran loose was not her, but from our smaller ankle biter. Many times we had individuals there to work on something at our home and I would get a call that my “vicious” breed was standing there barking and wouldn’t come close, while the smaller dog was sneaky and would creep up and nibble on their ankles every time:) Despite this, the small dog never hurt anyone, but I always told people who came in our yard that he was the one to watch for!

    My point in all this: I understand the fear and concerns those individuals have who have had a bad or tragic experience with this. Just keep in mind, vicious dogs come in all breeds and sizes. I certainly understand the necessity to restrain vicious dogs, but punishing one breed is not going to solve the problem. Perhaps those owning this breed could be visited if necessary and determined whether the dogs pose a real threat. This may not be feasible, but consider the circumstances of each owner before banning and removing all of them.

  13. Stacey says:

    One more thing… I agree with Mimi, banning breeds is not the answer to this problem. If your going to ban one breed might as well ban them all. Just saying…

  14. dscogin says:

    What ever the city council decides to do you can bet making money off of this issue will be foremost in their minds.

  15. Hibbles says:

    The main problem in Monticello is the lack of leash law and having dogs wandering all over creation. Can’t tell you how many times loose dogs have almost caused me to wreck. Making a law is one thing and then enforcing it another. No one thinks that dogs running around everywhere is a problem until someone gets bit or one causes a wreck. But people, please don’t let your dogs run loose. I’m sick of seeing dead dogs all over the roads or trying to swerve to avoid hitting them. Also having dogs chase my car or try to attack my dog if I’m out walking has got to stop. Yes, kids should be taught not to taunt dogs, but it’s an owners responsibility to control and contain their dog, NO MATTER THE BREED!!! If your dog is running around loose and getting chased by kids or is getting taunted by kids cuz the dog is chained up to a tree by the road, then you are enabling that to happen too! Dogs deserve basic protection by their owners. letting a dog run loose and throwing it food and water occasionally doesn’t constitute basic protection. Basic CARE, maybe, but not PROTECTION. Protection from taunting, chasing and dangerous behaviors (like chasing cars.) those are responsibilities of the owner. Breed specific legislation does absolutely nothing. But if we require all citizens to contain, control and leash their dogs, these things may not happen nearly as often. Yes, dogs will sometimes get loose if they slip out the door or pull up a stake, but we have to hold owners responsible, so use a heavier stake, dig it deeper or put up a darn fence! Bottom line is that if you’re letting your dogs run around loose, you are part of the problem! And tying a dog to a tree with a short chain is just inhumane. Period.

  16. Mel says:

    As I am a responsible owner, I would have no problem complying with the above guidelines. My dog meets all of them other than the proposed license anyway. Although, why require a city license ONLY for pit bulls? Since the Garland County incident appeared to bring this matter forward as urgent, why not require a city license for ALL dogs within the city limits like they do there? And if we will be required to pay an additional license for owning the breed, then why not include other potentially “vicious” breeds in this same additional licenese? Pit bulls are not the only ones. I do not feel any of what they propose is unreasonable, but it should be expanded if this is meant for the protection of the community as a whole.

  17. wondering says:

    What is sad is that some people collect pit bulls for a show of power or something keep them chained up with no shelter in the winter they are out in sleet in summer no shade. They are skinny and have very little human interaction. There are laws against this but law enforcement wont deal with it. So sad for these animals.

  18. Deborah Hyatt says:

    A little off subject, but that’s a great photo that accompanies this story.

  19. concerned parent says:

    The main issue here is not about dogs, but rather about protection of children. If a child approches any dog and get hurt, the owner is still liable. Sometimes I walk with my children outside and in the park, and dogs are running without a leash. Most are friendly pets, but they are still animals and anything can go wrong. I strongly think any breed of dogs must be on a leash at all times in public areas or in a fenced backyard of its owner.

  20. Stupid says:

    I think it should be the same for all dogs not just pits…they are only viscious if they are bred or raised to be that way!

  21. honeybunny says:

    Isn’t a person that works for the humane society supposed to protect all animals? Ruby Burton reports there are 400-500 pit bulls in the East End and alot of them are neglected but here she is lobbying for these breeds to be gotten rid of. I just have a question…If that passed where would all these “neglected” animals go? If they are not being taken care of by said owners then what makes you think that the owners would take the time to give them to someone that will give them a good home. I guess the person over the humane society would have to take them. I don’t see that happening. I used to live in the city and have to deal with Mrs. Burton and she loves to tell people how to “handle” their dogs and what they are doing wrong yet if you have a problem with strays she will quickly tell you no, she doesn’t deal with that. I now live in the country and am all the time dealing with strays that she insist has nothing to do with her…hmmm you are over the county’s humane society. I do now also a own pit bull after thinking I never would. She will lick a person to death, she is very sweet while at the same time very protective but she has never bitten anyone. My “ankle biter” is the one you need to watch for. My pit has been spayed and has her shots when needed and while I realize not all pet owners do this alot of them do. I do not believe in raising a dog for fighting but that is not the dog’s fault that is the owner’s. However unless something is ensured that the “bad” owners do the right thing I can expect a slew of “bad” dogs to be dumped off that we in the country will have to deal with. Who do we call when that happens? Mrs. Burton?

  22. Walter Dodson says:

    The way it’s read in this article they are banning pits. Just not calling it that. I mean be for real. The city makes all these laws and then never enforces them. Just like the tobacco free policy at the city parks. It’s not enforced.

  23. yodaddy says:

    Can we ban outdoor cats while we are at it? ha ha

  24. Allison M From Monticello says:

    Okay, first off…why in the world would you breed?? Is the money really worth it? Breeders are lower than dirt in my book. I think it is cruel and something should be done. I agree that all dogs NO MATTER what breed should be spayed/neutered REGARDLESS.
    All dogs have a tendency to be vicious, especially when provoked. It does matter how the dog is raised, trained, etc.
    I am so sick and tired of people putting down pit bull breeds and talking about how they are a bad dog. SICK AND TIRED OF IT!
    And, I will agree with the comment about the so called humane society in Monticello. These dogs are just nursed back to health then set free again down Midway Route. It is cruel and something should be done about this situation as well.
    The dog fighting is HORRIBLE. It’s pretty obvious it goes on in our town. I have seen dogs with the obvious markings for dog fighting. It makes me so mad that there is nothing I can do. If we were to take the dog away from that situation, the “owners” will just go get another dog to fight with and not to mention the bait dogs. SO SICK!!
    Take a ride and see how many dogs are just chained to trees with a dog house and the owner thinks they are “doing the right thing”???? Really??? You are not doing anything but making yourself look stupid. If you can’t provide for a dog DO NOT GET ONE….common sense!

  25. Lydia Lowery says:

    Does anyone know that the pit bull dogs where used as “nanny dogs” or “nurse maid dogs” due to the fact that they were great at protecting children. Not all dogs are vicious. They are made that way. Ms. Burton needs to do a little research on what causes dogs to be vicious. The way she is talking I wonder if someone’s mother is easily angered that we should lock up the whole family!!?

  26. Jordan says:

    I’ve owned a pit bull. He was the sweetest most loving dog I’ve ever had. He loved everyone. He would never have hurt a fly. It’s not the pit bull breed, it’s the owner and how they choose to raise them. Any dog will be mean r aggressive if the owner chooses to raise them mean or aggressive. It’s not fair to the pit bull owners who raise their pits right.

  27. clint says:

    When will people realize that banning a certain breed of dog doesn’t work. I have owned and bred pit bulls for the past 12 years. I have only had 1 incident when one of my dogs bit someone and that was because they were provoked, and I also warned the guy not to touch the dog. What we need is a leash law that will be enforced. Banning a breed of dog doesn’t fix the problem of people being “attacked” by a dog. Small dogs “attack” more people than pit bulls, but the bites are usually small and unreported.

    http://nationalcanineresearchcouncil.com/uploaded_files/tinymce/2011%20Final%20Investigative%20DBRF%20Report.pdf

    Please take the time out and become educated regarding dog attacks. Most dogs on this were considered mixed breeds. Also note the section under each report: Did owner exercise humane care, custody, control of dog(s)? Statistics show that this is a human problem not a dog problem.

    If the lady from the humane society was doing her job there would not be 400-500 dogs being mistreated and improperly cared for. People do your research before you make judgment calls.

  28. Mel says:

    That is a wonderful photo:)

  29. Former Pit Owner says:

    As a former pit owner I realize there is some that are trained to be mean, however I have ran across a lot of breeds that should be considered vicious. I’ve had small dogs meaner than any pit I’ve had. I get tired of hearing that “it’s the breed” It is not the breed it is the owners!

  30. Robynn says:

    My pit is very loved and is a house dog. I would not mind registering him, in fact I think that could be a great thing. If someone does not take the time to register their dogs or will not pay the fee, they probably shouldn’t have them anyway. If the good people register their dogs and the bad people have to keep paying heavy fines maybe we can save some of the poor dogs from abuse. In order for that to work the police agencies will have to take a stand and do their jobs and keep doing it over and over again. Also, I agree that there should only be a couple of breeders. Horrible people make a living selling these dogs knowing they will be fought to death and they don’t loose a minutes sleep over it. You can’t expect these people to change on their own, so hit them where it hurts, THEIR MONEY. They are born innocent animals who love unconditionally and feel pain when they are hurt. How could anyone sell their lives for $50.00( or more or less). Last but not least, anyone convicted of animal abuse or neglect should never be allowed to own any animal EVER again, and if they do they should have a huge fine and/or jail time.

  31. Allison M From Monticello says:

    Robynn-Love the last sentence! Did you know that someone like Michael Vick was able to adopt/own another dog after serving his sentence….sad.

    There have been many groups to come together to help raise awareness and laws against puppy mills/fighting. It takes lots of time to get laws passed. Another issue is to get more non-kill shelters. One group that I am familiar with is out in California. They have been working for YEARS and something is just now done. It doesn’t save every single dog, but it helps.
    The shelter situation links back to breeding. If something more aggressive was to happen to breeders, then maybe they will stop and we can focus on the dogs that need our help.
    It’s a sad thought, but out here in the south there are many people who get dogs and just let them run free. Then wonder how come their dog is blamed for an incident or comes up dead in the highway.

    Thanks to fellow family/dog lovers, I would LOVE to set up a training program of some kind. Just to teach people about the importance of kennel training, etc. I think there would be many people who would love to join. But, would it even make a difference?

  32. Rick Turscales says:

    It is about time we banned pit bulls. They can’t read, write, and they never go to jury duty…just disrespectful, shameful animals. Oh, and they eat kids as a hobby. Yeah, maybe I should’ve lead off with that one.

    …and don’t defend them, pigs are banned in town as well and we haven’t had a good pig attack in decades. So look at all the kids we saved!! Woo pig sooey!!

  33. Sue Burgess says:

    The picture is cute but that lil white dog loves everyone and thing because I have spoiled him and anyone comes in my house knows he’s the boss and they better treat him that way lol

  34. Kelly Guin says:

    All dogs should be required to be spayed or neutered and vaccinated. All dogs must be kept indoors or in an enclosed and locked pen or physical structure with a secure top. All pens must be kept in sanitary conditions. The owner would be required to display signs on premises warning To Beware of Dog.
    I would like to know who is gonna be the one to determine if a dog is “Vicious”? I agree that animal control is getting out of hand but start making animal owners take responsibility. When a person has 7 dogs tied up in their yard of course you know what they are doing. When a dog is tied to a tree and you can see bones of course you know that person is ignorant. I have heard alot of bad and good about The South East Humane Society but alot of people in this town dont even know we have one. Make some rules and make people abide by them but dont be prejudice against the breed.

  35. Bethany Davis says:

    In the 70’s they blamed the Dobermans
    In the 80’s they blamed the German Shepherds
    In the 90’s they blamed the Rottweilers
    Now they blame the PIT BULLS, when will they start blaming the HUMANS?!
    -Cesar Millan
    When it comes to the PIT BULLS the beast is often the 2 legged animal at the other end of the leash.

    You Make Your Dog Who He Or She Is
    The Humans Make Them What They Are Yet They Get The Blame?
    BE RESPONSIBLE And Train Them, Exercise Them, Feed Them, House Them, AND ABOVE ALL LOVE THEM! After All They Are Only A Reflection Of YOU!

    I am a PROUD owner of a PIT BULL and he is the most LOVING AND GENTLE DOG there is! They are only as dangerous as you train them to be so anyone who has a problem with them needs to come into touch with the real world here, u could just as easily be attacked by a poodle.
    Why can’t the world stop discriminating….

    -POed Pit Owner

  36. denad says:

    While some smaller breeds can be mean, Pits and other large breeds can do so much more injury. I think cocker spaniels bite more people, but pits do more serious injury. I was within a foot of being attacked by a dog on a chain- a dog that the owner assured us was friendly, just a big baby, well trained. I didn’t know he was out. If the owner had not been there right there to yank the tether back I would have been in the hospital or dead. Yeah really friendly! They are just unpredictable. There needs to be a ban on some breeds– and all dogs need to be restrained or controlled at all times. We should be able to take a walk or ride a bike without fear.

  37. Bethany Davis says:

    Like I said the dog is a reflection of his owner…
    some people are just wayyyy to ignorant and that whats wrong with the world today.
    a dog will do what it has to in order to protect his master period.

  38. MrTracking says:

    @Livin in Cella

    “Also some cities require the owners of such breeds to have a micro chip installed in the dogs for GPS tracking. When the chip falls off the GPS the police issue a ticket and investigate it.”

    Didn’t know that but its pretty smart! I don’t think the breed is the problem but the owners. Unfortunately the good ones has to pay for the bad ones…

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