Wentzville may soon repeal pit bull laws

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Wentzville may soon repeal pit bull laws
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Wentzville's pit bull ordinances could disappear in less than a month.

In their place, the city would enact new animal control laws that target irresponsible owners instead of specific dog breeds.

The Board of Aldermen on Wednesday reviewed a draft of the proposed ordinance, presented by Police Chief Lisa Harrison. A revised version will be introduced Feb. 8. The aldermen could approve the bill that night or wait to vote on it during their Feb. 22 meeting.

Dog owner Amanda Kearney, 25, said she hoped the board would enact the law as soon as possible. Kearney owns two Great Dane mixes that the city has identified as pit bulls.

Wentzville does not allow pit bulls, pure or mixed, to be outside a home or kennel unless the dogs are leashed and muzzled. The dogs must be confined indoors or in a locked pen. If the dogs are inside a house, the windows must be closed.

Since September, Kearney has kept her dogs inside her house most of the time, she said. When they do go out, she must keep them on 4-foot leashes and muzzled. This makes it hard to walk the dogs, because they cannot pant to regulate their body temperature.

"I want my dogs to be able to run outside in a fenced-in yard," Kearney said Wednesday. "These dogs are driving me nuts inside the house. They have a lot of energy they need to get out."

Kearney said she was happy with the proposed ordinance. Gone are the muzzle and kennel requirements. Unlike the current law, which includes a section focusing on pit bulls, the draft ordinance does not mention any particular breed.

Instead, it contains provisions prohibiting owners from allowing their dogs to freely roam the streets; punishes owners who fail to control their animals; and restricts nuisance animals that habitually run at large, disturb the peace by constantly barking or howling, or cause fear by threatening to bite or attack someone. The bill also would make it illegal to own or harbor an animal with a dangerous, vicious or ferocious disposition.

The existing pit bull provisions would be stricken.

About 20 people supporting the change and a handful of people opposing it attended the board meeting, which lasted five hours Wednesday night. The pit bull discussion comprised the third hour.

O'Fallon Councilman Jim Pepper, Ward 2, addressed the Wentzville aldermen during the public comment period, identifying himself as the author of O'Fallon's animal control ordinance, which he sponsored. During previous meetings, Wentzville aldermen pointed to O'Fallon's law, which does not single out pit bulls, as a model they wanted to emulate.

Pepper said breed-specific laws were based on hysteria instead of fact. He said such laws caused hardships for responsible pet owners, made criminals of law-abiding people, discouraged veterinary care, and drove stigmatized breeds underground. He called muzzling "inhumane."

Alderman Chris Gard, Ward 2, said he wanted the new ordinance to include stiffer penalties for owners who failed to control their dogs. He said the draft ordinance seemed to lump together the "failure to control" and "nuisance animals" provisions with the "regulation of animal feces" section that would require owners to clean up after their dogs. The same penalties would apply to all — a minimum $50 fine for the first offense, $100 for the second and $150 for the third.

"The penalties for a dog biting a human are the same as not picking up dog poop," Gard said.

To make sure the penalties "really make a statement," Gard said he wanted $500 with possible jail time on the first or second offense. The majority of the board agreed the penalties need to be stiffer than what was in the initial draft.

A provision in the section dealing with animal neglect would prohibit owners from leaving animals outside when the temperature falls below 32 degrees or exceeds 85 degrees.

Alderman Rick Stokes, Ward 3, said this would pose a problem for people who own hunting dogs. Stokes said hunting dog owners typically leave their animals outside because that is what is best for the dog. They have proper kennels outside that the dog can access when it wants to, he said. Hunters invest a lot of money in their dogs and would not do anything to harm them, he said.

Veterinarian Mark Lucas agreed. Lucas owns Animal Talk Medical Center in Wentzville, which serves as the city's animal control holding facility. Lucas, an opponent of breed-specific laws, said animals need to be housed under conditions that are consistent with that breed and its use.

"To put a Chihuahua outside in 32 degrees is wrong," Lucas said. "To put a Siberian Husky in 32 degrees is normal. To put it in 80 degrees is cruel."

Harrison said police cannot always consult a veterinarian when making decisions in the field. Lucas said that is part of his job, to consult with police on a daily basis.

Alderman Nick Guccione, Ward 3, said he was concerned that the draft ordinance defined biting as "breaking the skin," including scratches. A dog could unintentionally scratch someone in the course of playing, he said.

Lucas said animals scratch him in his office every day, but they are not vicious and the scratching is not the owner's fault. That is why animal control officers need to conduct an investigation when an animal is accused of vicious behavior, he said. Gard said he thought officers would know the difference and common sense would prevail.

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