City of Foley dog ordinance moving forward

By Mary Hood
Editor
Foley Onlooker
Posted 8/22/10

Less than a year ago, a pitbull in a neighborhood within the city limits of Foley attacked two other neighborhood dogs — killing one — prompting the city police department and elected officials to take action against dogs deemed …

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City of Foley dog ordinance moving forward

Posted

Less than a year ago, a pitbull in a neighborhood within the city limits of Foley attacked two other neighborhood dogs — killing one — prompting the city police department and elected officials to take action against dogs deemed “vicious.”

On Monday, the first official step was taken in doing exactly that.

The city council met during a special called meeting to discuss the adoption of an ordinance for animal control.

The police department had previously drawn up an ordinance based on similar city ordinances around the state for animal control and the enforcement with which police officials can address the problem of vicious animals within city limits.

The first draft of which Chief of Police David White said was stringent.

“We wrote the first draft heavy handed with some heavy restrictions and presented it to the council to take a look at it,” White said. Council members’ options were to either go with it as written or make modifications, he said, but the first draft was written hard-nosed for a reason.

The original ordinance included punitive actions in the form of misdemeanors for owners who do not comply with the restrictions set forth and registration and insurance fees between $500 and $1,000 per vicious animal. Grandfathering is non-applicable if the ordinance is adopted.

“It’s going to be quite expensive,” Councilman Ralph Hellmich said, while stating his dissension with the lofty fees — though maintaining his support of punitive action.

Councilman Wayne Trawick, however, said the fees play an important role in the control of these vicious dogs.

“If (residents) want to own them and can afford to own them, we need liability insurance. They need to really want to own them to be able to have them. If they can pay that, they can put up a fence and maintain the animals in a secure environment,” he said.

Vacillating on the details of the ordinance is something that can be handled in the public meeting, Mayor John Koniar said. The second step in the possible adoption of the ordinance is to invite the public to express its opinion, and that opportunity will be available at the next regularly scheduled city council meeting  Sept. 7.

Hellmich asked White if the police department has the infrastructure in place to handle the new ordinance if it were to be adopted.

White said, yes, and that once a dog was registered and deemed vicious, there would be computerized documentation, much like the documentation of sex offenders.

A concerned citizen asked how the ordinance would be enforced when it came to new residents moving into city limits and bringing along with them a vicious dog.

“Right now we don’t have anything to deal with it,” Trawick said. “People are not going to abide by every ordinance until they’re caught. It’s one of those things we’re going to have to work through.”

Hellmich explained that the main genesis of adopting a city-centric ordinance is due to the cumbersome nature of the state ordinance already in place. By having its own ordinance, the City of Foley can expedite the process by which vicious dogs are handled.

As far as vicious cats being addressed in the ordinance, it has not been addressed.

“Well, we haven’t had any vicious cats so far,” Koniar said.

However, there are sections that outline how to address cats that become nuisances to neighboring properties, White said.

The meeting came to a swift close as the council voted in unopposed agreement to both advertising the ordinance to set a public hearing and to mark the meeting as the first reading of the ordinance, thereby putting the ordinance adoption process in full motion.