Edit 5/11/09: Per Henry Schwaller, the city “decided against a breed specific ban.” Whether this ends the discussion, or whether it will be up for discussion again in the future, is unclear. I suggest that concerned residents attend the next few commission meetings to make sure this issue will not be brought up again.
City Manager’s Office, P.O. Box 490, Hays, KS 67601
Phone: (785) 628-7320
Fax: (785) 628-7323
City discusses dog breed ban
By KALEY LYON
klyon@dailynews.net
Emotions ran high at Thursday’s Hays City Commission meeting as commissioners discussed whether to ban pit bulls in city limits.
After hearing from several residents, commissioners agreed to consider amending the city’s current dangerous and vicious dog ordinance to include stricter guidelines.
The issue will be brought back to commissioners in the future.
“Recent events made it very clear to me that it’s time we revisit our ordinance that dealt with dangerous dogs,” Commissioner Henry Schwaller IV said.
Discussion of the issue follows an April 29 incident in which a pit bull killed a smaller dog.
The other dog was out for a walk with a 10-year-old girl on the 300 block of West 16th. The girl tried to save her pet by picking it up, but she was not injured.
The girl’s father, Russ Pfannenstiel, shared his side of the story with city commissioners, asking them to consider banning the breed and boosting current ordinances.
He presented his research on the pit bull breed, noting they originally were bred for dog fighting.
While the question has been posed of where the city should stop if choosing to ban one breed, Pfannenstiel said banning pit bulls and Rottweilers would be a good start.
“My daughter made a comment to me this weekend about the possibility of getting another dog. Her comment to me was, ‘It’s just too bad I can’t go around the city block anymore,’ ” Pfannenstiel said. “I just please ask you guys, take safety into consideration first.”
Lindsey Miller, who owned the pit bull in question, also shared her experience.
Miller, a senior at Fort Hays State University, said she adopted the 95-pound, 5-year-old pit bull/mastiff mix through an online pet adoption site.
She was assured the dog had been evaluated for signs of aggression and thought she was doing a good thing by adopting a pet in need of a home, she said.
After noticing, however, the dog’s aggression for stray cats, rabbits and other small animals, she kept a muzzle over his face and used a chain choke collar, plus another leash, Miller said.
“I didn’t know he was capable of that,” she said. “If I did know that, I wouldn’t have adopted him. And I don’t think it’s fair for every dog in the city to pay for what my dog did.”
Miller has since had her dog put to sleep and said she has taken steps to apologize to the Pfannenstiel family.
Police Chief James Braun presented information from other Kansas communities, including a breakdown of which communities have enacted dog breed bans.
On average, police investigate about two dog bite incidents monthly, with about seven dangerous dog investigations each year, he said.
So far this year, six citations have been issued regarding dangerous or vicious dogs.
Commissioners discussed complications that could arise with banning the pit bull breed. For example, most dogs considered pit bulls are not purebred, said Pam Binder, a Hays resident and former veterinarian assistant.
“I’m not for a ban on any specific breed, because I know a few chihuahuas that are a little more vicious than some pit bulls I’ve met,” she said, suggesting alternate mandates like spaying and neutering, or higher licensing fees.
Binder also noted pit bulls have powerful jaws and attack to kill.
Another legal concern is whether the city could prove the need for a breed-specific ban, and how a pit bull would be defined legally, based on physical characteristics, City Attorney John Bird said.
“You can’t be breed specific unless you have data to prove that is a rational connection,” he said. “It was a problem then, and it appears to be a problem now.”
As a result of this obstacle, a previous city commission decided to adopt an ordinance based on behavior rather than breed, he said.
Bird also said it could require hiring an additional city employee to enforce such a ban.
City commissioners agreed they will continue to investigate the issue and possibly take steps to heighten dog ownership regulations.
“We’ve got a 95 pound dog that’s 5 years old; I bet Russ’ daughter isn’t 95 pounds,” Vice Mayor Chris Channell said. “That scares me. I don’t know what the answer is yet, but I think we need to pursue it and look at it and see if we need to make what we have stronger.”
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