Bluefield Daily Telegraph, Bluefield, WV

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October 12, 2011

Bluefield City Board reminds residents of rules governing ownership of pit bulls

By KATE COIL Bluefield Daily Telegraph

BLUEFIELD — Following a recent dog attack that left two hospitalized in a neighboring county, the Bluefield City Board took time out of their Tuesday meeting to remind residents of city ordinances pertaining to certain dog breeds.

Director Deb Sarver said she wanted to remind citizens of ordinances within the city aimed at protecting citizens from animal attacks, in particular an ordinance dealing with the ownership of pitbulls and wolf-hybrids.

“In this instance, it is on our books,” Sarver said. “A leash and muzzle are required for walking a dog that is a pit bull or wolf-hybrid. If these dogs are kept outdoors they must be  housed in a kennel or pen with a covered roof and the pen must be locked at all times. Leashes for these animals must be six-feet-long and non-retractable with a muzzle on the animal at all times. If the animal is confined indoors, there cannot be any windows opened or just screened in the residence to prevent the animal from getting out. If you own one of these animals, there are supposed to be signs warning neighbors of the presence of this animal. People may say their dog is nice, but we can’t take a chance.”

Sarver also said the ordinance permits the municipal court to “destroy the animal” if it shows signs of being “vicious.”

City officials also said they would be taking a closer look at the specifics of an ordinance defining how street fees are implemented following questions from local business owners.

City Manager Andy Merriman told the Bluefield Board of Directors at their Tuesday meeting local business-owners had expressed concerns about language in the ordinance defining who from and how the city collects fees.

According to City Attorney Brian Cochran, the last time the ordinance was updated was in December 2000 and the changes implemented allowed 80 percent of the street fees to go toward paving while 20 percent went toward general maintenance. Cochran also said the ordinance established a fee for residences is $60 per year paid out quarterly with certain discounts for buildings with higher than average numbers of units. Additionally, Cochran said the ordinance currently charges business-owners $100 per year paid out quarterly based on business licenses.

“If you have multiple businesses with multiple business licenses, you are paying for multiple businesses,” Cochran said. “The code is currently written that if you are renting a business, the owner of the building pays a fee and the business owner pays a fee for owning a business as well.”

Cochran said the ordinance was designed this way in order to cover the maintenance needs generated by extra street traffic in an area by business customers.

“It’s basically an impact for the usage of the streets by the customers coming through and utilizing the streets, which are provided as a service by the city,” Cochran said. “The business itself doesn’t have as much of an impact on the streets but residents and customers coming and going from the business does impact streets.”

Mayor Linda Whalen said city officials would be taking a closer look at the ordinance to ensure business owners and residents were being charged fairly.

“This is a complicated matter and we are looking deeper into it,” she said.

Additionally, Merriman  said the Bluefield City Police Department received a special plaque from the U.S. Department of Defense, honoring Chief J.W. “Joe” Wilson and the department for “their patriotism in hiring military veterans and active military members to the force.”

The board passed 3-0 with Sarver abstaining to rezone a parcel of land at the intersection of Leatherwood Lane and College Avenue from residential to business. The board vote unanimously to approve a resident building a two-car garage for personal use on property. The board also unanimously approved the reappointment of Rustina Robinson to a five-year term on the Bluefield Housing Authority, ending on Oct. 9, 2016.

— Contact Kate Coil at

kcoil@bdtonline.com

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