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Council defers pit bull amendments until 2009

By Lynn Zerschling, Journal staff writer | Posted: Tuesday, September 23, 2008
SIOUX CITY -- City lawmakers, apparently fed up with ongoing discussions on controlling pit bulls, said Monday night they won't consider amendments to their recently passed pit bull ban until after the first of the year.

"This council has remarkably difficult issues in front of it," Councilman Jim Rixner said. "I'm not going to spend the next six or seven weeks talking about something we've talked about the last eight or nine."

Rixner proposed amendments to the pit bull ordinance the council unanimously adopted last week. He announced last Monday he intended to offer amendments to protect the public from pit bulls that remain in the city. Those proposals included requiring owners to keep their pit bull in an enclosed area, placing a muzzle on the pit bull when outside, leash requirements and microchipping the animal.

"It's going to take several years for the ban to take effect in Sioux City," Rixner said referring to the point where all licensed pit bulls have died. "I want to decrease the number of bites."

The ordinance allows people who own pit bulls now to keep them if they register them with the clerk's office in the next six months. They won't be able to replace the dog when it dies with another pit bull. If Animal Control picks up a stray pit bull, the owner can get the dog back if it has been registered.

As in all previous meetings on the subject, a number of pit bull owners protested the ban.

"It should be an all-dog issue, not just pit bulls," Amanda Gardner told the council. "My dog hasn't done nothing to nobody."

Rixner replied, "The verdict is in. Pit bulls are more dangerous than most other dogs."

Gardner disputed his statement.

Terry Mann said she believed people who abuse their pit bulls and other animals should be prosecuted and their names published in the newspaper.

Angela Tague offered an amendment, noting she had worked with City Attorney Andrew Mai to draft the correct language. She proposed that pit bull owners who take their dogs to a certified dog training school and file the papers with the clerk's office would be allowed to replace that dog with another pit bull when the original animal died.

Hobart said, "I would like to be able to allow responsible pit bull owners to keep their dogs and have other ones. I haven't completely ruled that out."

His remarks prompted Rixner to point out that all five councilmen voted for the ban last week, telling the audience, "I think it's wrong to give you the expectation we are going to change this law."

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Tim H wrote on Sep 24, 2008 10:39 AM:

" OMG, have to wonder what would be the GROUNDS for a lawsuit against the pit-bull ban? I'm guessing you'll need more than "I don't like it!" or "It just ain't fair!" to get the ban overturned.

The city has every right, and the responsibility to protect its citizens.

Also, you can't sue the city for a dog bite. You can't even sue the city if you lose control of your vehicle on an icy city street and hit something or someone so why would you think you could ever sue the city for something like this. Well, I stand corrected, you can sue the city but it will get tossed out of court.

Even if you could sue the city why would you? Its not a city owned dog that bit you, sue the owner of the dog if you must.

Seems like you're trying to argue that if you can't have a pit-bull as a pet then no one should get to have any dog as a pet. Is that what you're trying to say?

Good luck with that! "

Oh my god wrote on Sep 23, 2008 5:08 PM:

" Really, you do not think the is any legal grounds for a lawsuit....I'll tell you what; and I do not just speak for myself on this one; if I get bitten by any other breed than a pit bull, I will have my attorney on the city so fast that their heads will spin....My grounds, spending so much time trying to ban a breed instead of correcting the problem of ALL DOGS running loose around town. This ban is does not stop the lab that has been running around my neighborhood that has mange, visible tumors and probably rabies. Oh and I have called on this dog but I guess Animal Control is too busy trying to pick up the supposed thousands of pitbulls wondering lose on the streetsall of which I have never seen! And trust me someone will get bitten by a dog other that a pitbull! "

TimH 2 wrote on Sep 23, 2008 1:44 PM:

" Even though some residence obviously wont agree, the city has an obligation to its citizens to ban any animal that puts public safety at risk. Im sorry for the responsible Pit-Bull owners this ban will affect but please remember, the ban was not directed at you, it was directed at all of the IGNORANT Pit-Bull owners within city limits, there are a LOT of them, and because the IGNORANT Pit-Bull owners are usually only exposed when someone has been attacked we now have a ban on all Pit-Bulls.

So, dont blame the city for this ban, blame the IGNORANT Pit-Bull owners! "

TimH 1 wrote on Sep 23, 2008 1:43 PM:

" I'm no lawyer but I'm not sure what LEGAL grounds a lawsuit against this ban would have.

Ive never taken the time to look at Sioux City's animal ordinances but I would guess that a citys animal ordinance starts out banning ALL animals (because it would be impossible to list all of them) and then make exceptions to the BAN ALL ordinance for acceptable animals such as allowing house cats and dogs and such to be kept within city limits. Safety and sanitation are the two main reasons for a city to ban animals. You wouldnt want a neighbor next door keeping pet tigers, lions or maybe livestock out back such as cattle or pigs, or poisonous snakes, or bears, etc. etc., would you? "

poor Iowa wrote on Sep 23, 2008 11:35 AM:

" these commenters are absolutely correct, in saying, that you have made a decision, and now have to finish it now, forget about putting on back burner til 2009. The ammendments are justified, with the 60 day limit, so you need to finalize
it and enforce it. Jumping back and forth on this does not give the citizens any confidence in you. "

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