Four legged friends (and enemies): Missouri: Narrowly approved by council, Springfield's pit bull ban to take effect in January 2018

Sunday, November 5, 2017

Missouri: Narrowly approved by council, Springfield's pit bull ban to take effect in January 2018

MISSOURI -- Springfield City Council approved a gradual ban on pit bulls in a 5-4 vote Monday night.

Streaming out of Council Chambers, leaders of a pit bull advocacy group say they'll start the process to try to overturn the ban in a popular vote.

Springfield resident Andrea Roach said she was glad that council decided to pass — rather than table — the ban because it gives her group a chance to begin collecting signatures soon.

"We have the momentum, we have the support," Roach said. "The people will vote and we will win."

Mayor Ken McClure and council members Phyllis Ferguson, Jan Fisk, Craig Fishel and Tom Prater voted to begin phasing out ownership of pit bulls starting Jan. 1. Under the new ordinance, pit bulls registered before the deadline would be allowed to remain in Springfield.

Fisk said the "bottom line" is safety.

"This ordinance is about public safety for every man, woman and child and any other breed of animals in the city," Fisk said. "Pit bulls will always be a potentially dangerous dog."

Fisk acknowledged that the ban is unpopular: "My voting record will reflect that I don't vote according to how it will affect my career, now and in the future, nor it will affect my reputation. I don't respond to email bullying or intimidation."

In recent months council members have been inundated with hundreds of emails on the topic of pit bulls. Most came from dog lovers and pit bull advocates.

Fishel said there are more than 50 cities in the state that have banned pit bulls.

"As the United States Constitution confirms that citizens have the right to life, liberty and the pursuit of happiness. In my opinion, that includes freedom from fear of attack from vicious animals," he added.

Though the phrase "life, liberty and the pursuit of happiness" is often attributed to the Constitution, it actually comes from the Declaration of Independence.

At the meeting were Christin and Travis Atwell, along with their two young children who were mauled by pit bulls in July. The Atwell family has been vocal in supporting a breed ban.

Under the new ordinance, people who register their pit bulls before Jan. 1 would be allowed to renew their registrations and keep their pets. No new registrations will be accepted after the deadline, and any unregistered pit bulls found in city limits "may be seized and disposed of."

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Council members Richard Ollis, Mike Schilling, Craig Hosmer and Kristi Fulnecky opposed the ban.

Ollis said he believes the way the bill was written is "problematic" because identifying a dog's breed by sight is challenging and animal control too understaffed to enforce more regulations.

Ollis said he would rather support an ordinance with a comprehensive approach that enforces registration, education, socialization, spay and neutering services for dogs and has "swift and severe penalties for owners of problem dogs."

Schilling said he agreed with Ollis that the city should be concentrating more resources on enforcing an existing restricted and vicious dog ordinance which penalizes dogs and dog owners of all breeds — not just pit bulls.

On Monday night, council members agreed to split the original pit bull bill into three sections. Each section was voted on separately.

Hosmer explained that the split would allow council members to consider different provisions individually, instead of as a package.

One section placed harsher penalties on dog owners who violate the pit bull ordinance. It was approved in an 8-1 vote, with Fulnecky voting in opposition.

A person who violates the pit bull ordinance will be fined at least $500 in addition to all applicable court costs. If a judge decides not to enforce the fine, the offender will be required to serve a year of supervised probation and work at least 100 hours of community service. Penalties are even more severe for a second violation.

The second section is about an administrative hearing that owners can request to dispute the breed of their dog if it has been impounded and classified as a pit bull. It's a process that is already in place. Council passed an amendment in a 9-0 vote that allows an administrative hearing officer, rather than a municipal court judge, to oversee the hearing.

The final section was about the ban itself. As detailed above, that vote was close.

Under the new ordinance, unregistered pit bulls that end up at the municipal animal shelter between Jan. 1, 2018 and Jan. 1, 2019 could be adopted out to families who live outside of city limits.

About a dozen people rallied outside Historic City Hall with their dogs Monday evening. Some held up signs protesting a pit bull ban.

Amber McBride, a leader of the Citizens Against BSL group, wiped tears off her face after leaving council chambers.

She said she did not bring her pit bull, Blue, to Monday's meeting, but wished that he was there.

She said her dog helps her during panic attacks by licking her face and pushing his face into her stomach, which calms her down.

"I knew it was going to (pass), but I thought I was going to throw up," McBride said.

A true service dog goes EVERYWHERE the owner does because the owner needs the dog. The fact that she can choose not to bring the Pit Bull with her shows that it is not a true service dog / therapy dog - whatever she's calling it.

McBride said she will fight the ban for her own dog and other pit bull owners.