City OKs dog ordinance

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April 8, 2008

By CHARLES OWENS The Bluefield Daily Telegraph Tue Apr 08, 2008, 09:20 PM EDT

BLUEFIELD — Residents found guilty of harboring a dangerous dog in Bluefield could now face a hefty fine.

The city Board of Directors unanimously approved an overhaul of the city’s existing dangerous animal ordinance Tuesday after only two people spoke during a public hearing on the proposal. The ordinance includes a maximum penalty of up to $1,000, or the maximum allowed by state law.

Art Riley, head of the Downtown Merchants Association, asked if the ordinance would apply to animals that are bigger than those who are walking them. “My question was is that dog under control if it is twice the size of the person holding the leash?” Riley asked.

Board member Ron Crabtree said the ordinance does state that a person should have a physical ability to control the animal.

Riley said those walking large dogs could then be in violation of the ordinance.

“I don’t think I can go that far,” City Solicitor John Feuchtenberger said. “If the dog stays on the leash, and obeys its master, it is compliance with the ordinance.”

Blaine Braithewaite, head of the South Bluefield Neighborhood Association, asked if the ordinance was breed specific. Feuchtenberger said the ordinance adds pit bulls and wolf-hybrids or wolf-mixed breeds as two breed-specific animals.

Board member Jim Bailey said he saw someone walking a pitt bull without a muzzle while on his way to Tuesday’s meeting. Bailey asked if any police officer could enforce the ordinance if they viewed such a violation. Feuchtenberger said any police officer could enforce the ordinance.

A committee spent several months studying the city’s existing and antiquated dangerous dog ordinance. The committee recommendations were presented to the city board earlier this year. According to the ordinance, any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation is defined as “dangerous.”

The ordinance states that no person shall permit a registered pit bull or wolf hybrid to go outside of its kennel or pen unless the dog is secured with a leash no longer than six feet in length and under the control of a person 18 years of age or older with a physical ability to control the animal. The ordinance further states that all pit bull dogs or wolf-hybrids must be muzzled by a muzzling device when outside of the animal’s kennel.

In other action Tuesday, Mayor Linda Whalen expressed the city’s condolences on behalf of the family of June Oblinger Shott.

“It’s a sad time for Bluefield, but we are just thankful she was a part of our community, and she will be sadly missed,” Whalen said.

The board also passed the second reading Tuesday of an ordinance that will add two Virginia-side voting members to the Bluefield Sanitary Board, but delayed the actual enforcement of the ordinance until receiving an opinion from the Sanitary Board’s bond counsel.

Feuchtenberger, who requested a brief executive session to discuss the issue, said he was requesting for the board to delay action on the ordinance for two weeks out of “an abundance of caution.”

Feuchtenberger said the bond counsel doesn’t foresee any problems with the ordinance, but said he hadn’t received the written opinion of the bond counsel as of Tuesday’s meeting.

— Contact Charles Owens at cowens@bdtonline.com