Update on BSL in Warren, MI
Comments (0) About 7 pit bull advocates showed up at the meeting last night, Shayne brought her pit bull who is a certified therapy dog (Akiva). When the council saw all those pit bull advocates there, they took the BSL ordinance OFF the agenda right away! Pit Bull people at the meeting got together outside and exchanged contact info. They are going to make sure they go to each subsequent meeting until this issue is off the table or resolved without BSL.
Advocates talked with council members before and after the meeting, some council members even pet Akiva and loved on her. At least two council members said they were totally against BSL, but we’ll have to wait and see if that’s just more smoke they are blowing.
Anyone interested in joining those who will continue to show a presence at future council meetings should contact Tanya – teenie2us@yahoo.com or Shayne – parrothead1624@yahoo.com
Here is the draft of the proposed ordinance in its entirety:
An ordinance amending chapter 7 of the code of ordinances for the city of Warren relating to pit bulls.
Sec. 7-133. Purpose
It is the purpose and intent of the City of Warren through the adoption of this ordinance to regulate ownership of pit bulls.
Sec. 7-134. Definition of Pit Bull
For the purpose of this ordinance, a "pit bull" is defined as and includes and American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for any of the above breeds.
Sec. 7-135. Other Ordinances
An owner of a pit bull shall comply with all other ordinances in Ch. 7 of the Code of Ordinances in addition to the requirements set forth in this Article VI.
Sec. 7-136. Spay/Neuter
All owners of pit bulls in the City of Warren shall have the pit bull either spayed or neutered.
Sec. 7-137. License and vaccination
All pit bulls shall be properly licensed and vaccinated.
Sec. 7-138. On property other than owner’s property
A pit bull while on any property other than the owner’s property, including public property and sidewalks, shall be muzzled and attached to a leash sufficiently strong enough so that the pit bull cannot break free of the leash.
Sec. 7-139. On owner’s residential property
A pit bull on an owner’s residential property shall not be left alone or otherwise unattended outside of the owner’s house or home if there is not a person of at least 18 years of age at the house or home to supervise the pit bull. If there is no one of at least 18 years of age to supervise the pit bull, the pit bull cannot be left outside the home, in a garage, in a dog house or other structure, but rather must be left inside the owner’s residential house or home.
Sec. 7-140. On business property
Pit bulls are prohibited on any business and/or commercial property in the City of Warren, excluding veterinary clinics and veterinary hospitals.
Sec. 7-141. Public parks
Pit bulls are prohibited in all City parks, including any City park designated as a "dog park" by the Director of Parks and Recreation.
Sec. 7-142. Confiscation
A violation of Article VI shall be grounds for the immediate confiscation and possible destruction of the pit bull. After confiscation, the procedure set forth in Section 7-143 shall apply.
Sec. 7-143. Judicial Process – Pit bull
(1) If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that there is a violation of this Article, the animal control officers, his or her immediate supervisor, the head of the local law enforcement agency, or his or her designee, shall confiscate the pit bull and then petition the 37th District Court for a hearing for the purpose of determining whether or not the pit bull should be destroyed, the owner fined and/or restrictions be placed on continued ownership of the pit bull. "Petition" includes issuance of a citation. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The animal control officer or head of the local law enforcement agency shall notify the owner or keeper of the pit bull that a hearing will be held by the 37th District Court at which time the owner or keeper of the pit bull may present evidence as to why the pit bull should not be destroyed. The owner or keeper of the pit bull shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon owner or keeper of the pit bull. The hearing shall be open to the public. The court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the owner or keeper of the pit bull violated this Article and make orders authorized by Ordinance Nos. 7-145 and/or 7-146.
(2) After the hearing conducted pursuant to subsection (1) above, the owner or keeper of the pit bull shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the Court. If the petitioner or the owner or keeper of the pit bull contests the determination, he or she may appeal the decision of the Court. If the District Court orders the destruction of the pit bull, the owner should request a stay pending appeal otherwise the pit bull will be destroyed.
Sec. 7-144. Immediate Seizure of Vicious or Potentially Dangerous Animals
(1) If upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the pit bull in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the pit bull pending the hearings to be held pursuant to this Article. The owner or keeper of the pit bull shall be liable to the City for the costs and expenses of keeping and impounding the pit bull, if it is later adjudicated that the pit bull was kept in violation of this Article
(2) When a pit bull has been impounded pursuant to subsection (1) above and it is not contrary to public safety, the animal control officer shall permit the pit bull to be confined at the owner’s expense in a department approved kennel, or veterinary facility.
Sec. 7-145. Disposition of a pit bull
The Court may enter any of the following orders:
(1) The Court may order the pit bull be destroyed.
(2) The Court may impose conditions in addition to those in this Article, for the continued ownership of the pit bull to protect the public health, safety, and welfare.
(3) The Court may order that individual owner be prohibited from owning, possessing, controlling, or having custody of a pit bull within the city for a period of up to three years, when it is found, after proceedings conducted under Section 7-143, that ownership or possession of a pit bull by that person would create a significant threat to the public health, safety, and welfare.
Sec. 7-146. Penalties
(1) Any violation of this Article involving pit bulls shall be punished by fine not to exceed five hundred dollars ($500.00), and the Court may impose costs.
(2) The Court may also order the costs associated with impounding and caring for the pit bull to be imposed upon the owner or keeper of the animal.
(3) The Court may also order the costs associated with destroying the pit bull to be imposed upon the owner or keeper of the pit bull.
(4) All fines pursuant to this Article shall be paid to the city for the purpose of defraying the cost of the implementation of this Article.
(5) The Court may enter other orders necessary to effectuate the purpose of this Ordinance.
Sec. 7-147. Voluntary Destruction
At any point before the order of the Court, the owner or keeper of the pit bull may voluntary request that the pit bull be destroyed. The request may be made in open court or by letter that is properly notarized.
Sec. 7-148. No Conflict with Article V or Section 7-7
The provisions of this Article VI addressing pit bulls are not intended to conflict with the prohibitions against possessing vicious or potentially vicious animals, as set forth in Article V, or possessing dangerous animals, as set forth and defined in section 7.7.
Sec. 7-149. Savings Clause
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this and the provisions of this chapter are severable.
Section 7-150 – 7-160. Reserved
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Diana
www.WonderBull.com/blog
