BSL Passed Dropped in Madisonville

7/15/07
http://www.madisonvillemeteor.com/articles/2008/07/15/news/news02.txt

Pit bulls and owners given reprieve

Fernando Castro with The Meteor

The Madisonville City Council has repealed a heavily debated article of an ordinance that will ease the minds of certain dog owners.
Ordinance 650, also known as the “pit bull” ordinance, was voted by the council this past Monday, July 14, to be shortened and exclude Article 1 from the order.

The article had put several restrictions on pit bulls and pit bull owners, including permits, holding pens and the prohibition of any new pit bulls in the city.

Article 2 of the ordinance remains. It levies restrictions on dogs deemed vicious, which is determined by factors in the ordinance. Many people had said that this part of the order was the only one needed to protect public safety.

“I don't like having ordinances unless they're absolutely necessary,” said Mayor Sonny Dean.

This is old material for reference only.

Despite the fact that Madisonville's ordinance is BSL and therefore illegal, city officials intend to stick with it. Why? Not enough outcry from residents, apparently. Consider the following quote from The Madisonville Meteor (full article below): Interim City Manager Dave Ward said Tuesday morning, “I have not had one single local resident complain about it (the ordinance),” but that out-of-town complaints have been lodged. “They're coming out of the woodwork,” he said.

To add to the confusion, the city attorney claims that the ordinance is not breed-specific, yet, according to the Madisonville Meteor, "The ordinance, Ward said, is to regulate the keeping of pit bull breed dogs and other vicious dogs in the city." And furthermore, "During the Feb. 11 council meeting, however, the city attorney specifically stated, 'Basically, this ordinance tries to do away with pit bulls inside the city.'" And an earlier article states, "Named specifically in the ordinance are American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers or 'any dog which has the appearance and characteristics of being predominantly of any one or more of the aforementioned breeds.'" How can an ordinance be non-breed-specific, yet apparently specifically targets "pit bulls"?

We'll see how this develops. In the meantime, here is contact information for Madisonville city officials. It is critical that Madisonville residents who are opposed to this ordinance make their voices heard NOW. Attend the next city council meeting, call city officials, and make it clear that you do not approve. Because right now, Madisonville city officials seem to think you are just going to roll over and play dead.

Madisonville City Hall
210 West Cottonwood
Madisonville, Texas 77864
Telephone: 936-348-2748
Fax: 936-348-3815

• Mayor Don Dean
• Mayor Pro Tem Marvin Stanton
• Lois Brown
• Terri Creel
• Debra Drake
• Pearline Johnson
• City Secretary Tanya McNutt: tanya.mcnutt@ci.madisonville.tx.us
• Interim City Manager Dave Ward: dave.ward@ci.madisonville.tx.us
• Madisonville Attorney John Bankhead 936-348-3400

City to stand its ground on animal ordinance
By Dave Lewis with The Meteor
Tuesday, Feb. 19, 2008
http://www.madisonvillemeteor.com/articles/2008/02/19/news/news01.txt

The city will stick to its guns after passing an ordinance last week targeting vicious dogs, and those who oppose it will be required to test their case in the court system.

Interim City Manager Dave Ward said Tuesday morning, “I have not had one single local resident complain about it (the ordinance),” but that out-of-town complaints have been lodged.
“They're coming out of the woodwork,” he said.

“I visited with (city attorney) John Bankhead Friday and he is saying the ordinance isn't specific to pit bulls,” said Ward.

“Our ordinance is similar to that in another city. I'm taking his word for it. We'll test it in the courts if someone wants to challenge it.”

The ordinance, Ward said, is to regulate the keeping of pit bull breed dogs and other vicious dogs in the city.

Section 882.047 of the Texas Health and Safety Code states “a county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions (1) are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter.”

Laura Dapkus of the Lone Star State Pit Bull Club thinks the ordinance should be challenged in court and that existing laws such as leash laws and licensing laws should be enforced.

The ordinance approved last week states, “the Madisonville Mayor and City Council believe it is necessary to prohibit pit bulls, subject to certain exceptions, within the CityŠ” leaving the council a loophole of sorts.

During the Feb. 11 council meeting, however, the city attorney specifically stated, “Basically, this ordinance tries to do away with pit bulls inside the city.”

Copies of the 14-page ordinance are available to the public at city hall.

Experts Question Pit Bull Ban's Legality
KTBX.com
Posted: 9:51 PM Feb 18, 2008
Reporter: Steve Fullhart
http://www.kbtx.com/home/headlines/15753547.html

Is the new ordinance in Madisonville banning pit bulls illegal? Some legal experts say yes.

In the days following KBTX's report on the ordinance's passing last week, hundreds of comments have come to KBTX.com from across the country and around the world, many of them claiming the ordinance in illegal.

According to Chapter 822.047 of the Texas Health and Safety Code, additional rules regarding dangerous dogs can be enacted by counties or cities if those requirements or restrictions "are not specific to one breed or several breeds of dogs."

Section 2 of the Madisonville ordinance enacted last week states, "it shall be unlawful to keep, harbor, own, or in any way possess a pit bull dog within the corporate limits of Madisonville."

"I have not seen, in Texas, anybody outright ban a breed, like pit bulls, because there's a state law against it, so this is probably marking new territory," said Shane Phelps, who serves as Brazos Animal Shelter president. He has also been involved with numerous legal cases involving animals as a prosecutor.

"It's the same as you can't do a class of people," added Jay Sabatucci, the director of the Texas office for the Humane Society of the United States. "You can't do a class of breed. There's going to be too many exceptions to the rule. They're basically throwing out the baby with the bathwater."

The city attorney for Madisonville, John Bankhead, declined an on-camera opportunity to discuss the ordinance, though he did note that it is two-fold. Article 1 of the document concerns pit bulls. Article 2 regulates dangerous dogs.

Bankhead said they are fully aware of the health and safety code, and that it's time for change to it.

http://www.kbtx.com/home/headlines/15753547.html

Pit Bulls Banned in Madisonville
KBTX.com
Posted: 9:15 PM Feb 14, 2008
Reporter: Joe Brown
http://www.kbtx.com/home/headlines/15652522.html

Pit bulls are no longer welcomed, or legal, in Madisonville. The city council passed an ordinance Monday effectively banning pit bulls within the city limits. Those who already have the breed can keep them, but there are some rules to follow. You have to have at least $100,000 of liability protection and a $30 annual permit. The dog must be kept in a locked pen or muzzled and leashed when taken out of the pen. A "Beware of Dog" sign must be posted and you have to provide a photo of the pit bull to the city. Also, you can't sell or transfer a dog within the city limits. And if your dog has puppies, you have 10 weeks to get them out of Madisonville. Failure to comply with the ordinance could result in a fine of $50 a day.

Council outlaws pit bulls in town
By Dave Lewis with The Meteor
Tuesday, Feb. 12, 2008

http://www.madisonvillemeteor.com/articles/2008/02/12/news/news02.txt

Pit bulldogs are being virtually outlawed in Madisonville following a unanimous vote by the city council Monday night, approving a 14-page ordinance severely restricting ownership.

The ordinance also defines “vicious” dogs and owners' responsibilities to control those as well.

Current pit bull owners may continue to own the animals provided they comply with all the provisions of the ordinance within 30 days of its approval.

“Basically, this ordinance tries to do away with pit bulls inside the city,” City Attorney John Bankhead told the council and those present Monday at the council's regular monthly meeting at City Hall.

“We will average one complaint a week on pit bulls,” interim city manager Dave Ward added.

Named specifically in the ordinance are American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers or “any dog which has the appearance and characteristics of being predominantly of any one or more of the aforementioned breeds.”

From here on, each pit bull owner must obtain a $30 annual permit from the city to keep the dogs, must keep the dog in a locked, secure pen, must keep it restrained when outside the pen, must properly muzzle the animal when outside the pen, must post a highly readable “Beware of Dog” sign on their premises, must obtain a $100,000 personal injury/death insurance policy and must provide the city a photograph of the animal.

In addition, dogs of these types may not be sold nor their ownership transferred in any way to another resident of Madisonville, and all offspring from such dogs must be removed from the city within six weeks of birth.

Similar restrictions will be applied to other dogs determined to be “vicious.”

Copies of the ordinance are available at City Hall.