Madisonville, Texas passes ILLEGAL BSL!

Discuss Breed Specific Legislation and local county laws on pit bull ownership.
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mroman
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Madisonville, Texas passes ILLEGAL BSL!

Postby mroman » Sat Feb 16, 2008 2:30 pm

Madisonville, Texas bans pit bulls??

Posted: 9:15 PM Feb 14, 2008
Last Updated: 10:13 AM Feb 15, 2008
Reporter: Joe Brown
Email Address: brown@kbtx.com

Pit bulls are no longer welcomed, or legal, in Madisonville. The city council passed an ordinance Monday effectively banning pit bulls within the city limits.

Those who already have the breed can keep them, but there are some rules to follow. You have to have at least $100,000 of liability protection and a $30 annual permit. The dog must be kept in a locked pen or muzzled and leashed when taken out of the pen.

A "Beware of Dog" sign must be posted and you have to provide a photo of the pit bull to the city. Also, you can't sell or transfer a dog within the city limits. And if your dog has puppies, you have 10 weeks to get them out of Madisonville.

Failure to comply with the ordinance could result in a fine of $50 a day

There is also a poll we are losing.

http://www.kbtx.com/home/headlines/15652522.html


Mark

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heather
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Postby heather » Sat Feb 16, 2008 3:59 pm

should be on the top left of this ...

http://www.kbtx.com/


we are losing..

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Postby lucydog » Sun Feb 17, 2008 7:50 am

There is another thread about this under the press page but I wanted to get this out here too- I don't want a single dog to die in a shelter under this bogus law.

I don't know if the city attorney knew it was illegal and did it to prove a point, or what. I find it hard to believe otherwise.

In Oklahoma, several cities have done the same thing -knowing it is illegal- even though the DA and courts have issued opinions that these laws are illegal. The EBA is helping a lady in Del City fight it in court and there are at least a couple more.

Basically, they try to intimidate as many people as possible to give up their dogs until someone sues them and tries to stop it.

Everyone needs to try to get the word out to people to do not, under any circumstances, get rid of your dog or pay a fine, or anything like that. If you challenge it in court it will not stand. The EBA can help you with attorney's fees -if- you have otherwise obeyed the law (i.e., if you were letting your dog run wild, we can't help you). We have a couple of board members who live very close to Madisonville who can help.

Please PM me if you know anyone cited under this law, or contact the EBA at
http://www.endangeredbreedsassociation.org/

They, AKC, UKC, ADBA and RPOA have all been made aware of this and are working on it. I have written the news media in this area to let them know that this law is illegal (seems like the reporters are not doing a great job of fact-checking).

However, city offices may be closed on Monday due to Presidents Day and we may not hear anything for a couple of days.

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mroman
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Postby mroman » Sun Feb 17, 2008 12:24 pm

Great work, lucydog. I sometimes wonder in some of the smaller towns where they try this if there can be garnered support with smaller populations.

Best of success,

Mark

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Postby heather » Tue Feb 19, 2008 10:23 am

Experts Question Pit Bull Ban's Legality

Posted: 9:51 PM Feb 18, 2008
Last Updated: 11:37 PM Feb 18, 2008
Reporter: Steve Fullhart
Email Address: fullhart@kbtx. com



Is the new ordinance in Madisonville banning pit bulls illegal? Some legal experts say yes.

In the days following KBTX's report on the ordinance's passing last week, hundreds of comments have come to KBTX.com from across the country and around the world, many of them claiming the ordinance in illegal.



According to Chapter 822.047 of the Texas Health and Safety Code, additional rules regarding dangerous dogs can be enacted by counties or cities if those requirements or restrictions "are not specific to one breed or several breeds of dogs."

Section 2 of the Madisonville ordinance enacted last week states, "it shall be unlawful to keep, harbor, own, or in any way possess a pit bull dog within the corporate limits of Madisonville. "

"I have not seen, in Texas, anybody outright ban a breed, like pit bulls, because there's a state law against it, so this is probably marking new territory," said Shane Phelps, who serves as Brazos Animal Shelter president. He has also been involved with numerous legal cases involving animals as a prosecutor.

"It's the same as you can't do a class of people," added Jay Sabatucci, the director of the Texas office for the Humane Society of the United States. "You can't do a class of breed.
There's going to be too many exceptions to the rule. They're basically throwing out the baby with the bathwater."

The city attorney for Madisonville, John Bankhead, declined an on-camera opportunity to discuss the ordinance, though he did note that it is two-fold. Article 1 of the document concerns pit bulls. Article 2 regulates dangerous dogs.

Bankhead said they are fully aware of the health and safety code, and that it's time for change to it.

http://www.kbtx.com/home/headlines/15753547.html

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Postby savethepitbulls67890 » Tue Feb 19, 2008 10:54 am

I was just coming on here to post this exact same thing. A lot of people in my ASPCA 'pit bull' group have left comments protesting, and it would be cool if everyone here did the same. :thumbsup:

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lucydog
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Postby lucydog » Wed Feb 20, 2008 10:34 am

Here is another article:
http://www.madisonvillemeteor.com/artic ... news01.txt

Note the complaint that "I have not had one single local resident complain about the ordinance." Well, this is what happens when people don't complain or pay attention I guess. But seriously, folks, this cannot go unchallenged or more cities will try the same thing. If any resident wants to sue the city, they need to contact the Endangered Breeds Association and the board may vote to assist them. Needless to say, we need people who have been following the law and keeping their dogs confined to step up. Rottie, GSD, Dobie owners, you may be next.

City to stand its ground on animal ordinance
By Dave Lewis with The Meteor

The city will stick to its guns after passing an ordinance last week targeting vicious dogs, and those who oppose it will be required to test their case in the court system.

Interim City Manager Dave Ward said Tuesday morning, “I have not had one single local resident complain about it (the ordinance),” but that out-of-town complaints have been lodged.
“They're coming out of the woodwork,” he said.

“I visited with (city attorney) John Bankhead Friday and he is saying the ordinance isn't specific to pit bulls,” said Ward.

“Our ordinance is similar to that in another city. I'm taking his word for it. We'll test it in the courts if someone wants to challenge it.”

The ordinance, Ward said, is to regulate the keeping of pit bull breed dogs and other vicious dogs in the city.

Section 882.047 of the Texas Health and Safety Code states “a county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions (1) are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter.”

Laura Dapkus of the Lone Star State Pit Bull Club thinks the ordinance should be challenged in court and that existing laws such as leash laws and licensing laws should be enforced.

The ordinance approved last week states, “the Madisonville Mayor and City Council believe it is necessary to prohibit pit bulls, subject to certain exceptions, within the CityŠ” leaving the council a loophole of sorts.

During the Feb. 11 council meeting, however, the city attorney specifically stated, “Basically, this ordinance tries to do away with pit bulls inside the city.”

Copies of the 14-page ordinance are available to the public at city hall.

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Postby SueN » Wed Feb 20, 2008 12:17 pm

I am sure a copy of the state law faxed to the City Attorney would result in a quick repeal. This is a classic case of city officials not knowing the laws already on the books. Don't expect them to know the laws when fighting legislation.

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lucydog
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Postby lucydog » Thu Feb 21, 2008 7:44 am

No, the city of attorney KNOWS what the law is. Numerous people and organizations including people who are lawyers have sent him copies of the state law. They are sticking to their guns to make a point. I am sure he knew it was illegal before the law was passed. Several cities in Oklahoma are doing the same exact thing, and they are being sued.

“I visited with (city attorney) John Bankhead Friday and he is saying the ordinance isn't specific to pit bulls,” said Ward.

“Our ordinance is similar to that in another city. I'm taking his word for it. We'll test it in the courts if someone wants to challenge it.”


I don't think there is a city attorney or city manager in Texas who is not aware that BSL is illegal. Many city council people don't know, since they are usually part time and basically volunteers. The Texas Municipal League has it on their legislative agenda to make BSL legal. Every time there is a bite in any town in Texas, someone says "let's ban pit bulls" and the city council says "we can't, it is against state law." And it gets written up in the newspaper, and it blows over.

I am just really frustrated by this because the legislative session has not even started yet and we are already fighting this nonsense! [/quote]

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Postby NTBBC » Wed Feb 27, 2008 11:58 am

Anybody that would like to attend the coucil meeting it will be on March 10th at 5:30 in Madisonville, TX
A few organizations are going out there, please come and help educate..
Which breed will be next??

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Postby heather » Tue Jul 15, 2008 9:28 pm

Pit bulls and owners given reprieve


Fernando Castro with The Meteor

The Madisonville City Council has repealed a heavily debated article of an ordinance that will ease the minds of certain dog owners.


Ordinance 650, also known as the “pit bull” ordinance, was voted by the council this past Monday, July 14, to be shortened and exclude Article 1 from the order.

The article had put several restrictions on pit bulls and pit bull owners, including permits, holding pens and the prohibition of any new pit bulls in the city.

Article 2 of the ordinance remains. It levies restrictions on dogs deemed vicious, which is determined by factors in the ordinance.

Many people had said that this part of the order was the only one needed to protect public safety.

“I don't like having ordinances unless they're absolutely necessary,” said Mayor Sonny Dean.



http://www.madisonvillemeteor.com/artic ... news02.txt

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Postby bahamutt99 » Wed Jul 16, 2008 1:39 am

LOL. Cute. Not "we got smacked for having an illegal ordinance," but "well, we thought we drafted something we didn't need." Nice way to backpeddle, but hey, at least the end result is right.

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Postby Beowulf » Wed Jul 16, 2008 7:42 am

bahamutt99 wrote:LOL. Cute. Not "we got smacked for having an illegal ordinance," but "well, we thought we drafted something we didn't need." Nice way to backpeddle, but hey, at least the end result is right.
lol lol

Oops. We're idiots.

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lucydog
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Postby lucydog » Wed Jul 16, 2008 7:52 am

I asked the reporter the main reason the city council cited for getting rid of that part of the ordinance. It was because the local, law-abiding, residents came and complained about having to spend all kinds of money to comply with the law.

The city held onto it despite the promise of lawsuits for several months. Long enough to start giving other cities ideas. This goes to show that the most important thing is getting the law-abiding residents involved. In a small town, city council elections have maybe a few hundred votes, tops. So they will listen more than in big cities. Just make sure there are more of you (anti-BSL people) than them.

I tell you what I am going to do next time this happens in a small town where I don't know anyone. I am going to google obedience trainers, boarding kennels and vets in that zip code and call them. They will know a lot of people. At the Aubrey meeting, we had 3 professional trainers and a lady who works for a local vet show up and I think that helped a lot.

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TangoJr
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Postby TangoJr » Sat Jul 26, 2008 11:43 am



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