Although the discussion was put off for two weeks, Oxford Township officials listened as those opposed to the idea of a local pit bull ban spoke their minds at last week’s regular board meeting.
‘It has been empirically proven that breed specific legislation is ineffective, unenforceable, impractical, uneconomical, a violation of civil liberties and property rights and ultimately, it’s inhumane,? said Paul Janulis, of Brandon Township.
Township officials were supposed to revisit their Dangerous Animals Assistance Ordinance, approved in 2002, and discuss the possibility of a breed-specific ban against pit bulls in the township.
However, the discussion was delayed until the Oct. 25 meeting because, according to Clerk Clara Sanderson, the township ‘didn’t have all the information gathered to make a decision, so it wasn’t placed on the agenda.?
Resident Martha McDonald, who was attacked and bitten Aug. 15 by a 4-year-old pit bull mix in Oxford Meadows, had previously requested the township consider banning this breed of dog.
Those who spoke on the issue during the public comment portion of last week’s meeting were decidedly opposed to banning any breed of dog.
Janulis said a problem dog is created by the environment it lives in and ‘irresponsible ownership.?
‘Any dog could be dangerous if put in the wrong environment or under irresponsible ownership,? he said.
‘It never boils down to the genetics or the breed of the dog,? Janulis explained. ‘It is a fact that there is no specific breed of dog that has been proven to be inherently vicious or genetically vicious.?
Janulis noted if the township bans one type of breed, an irresponsible owner will just get another type of dog and perpetuate the same problems.
‘Banning a breed of dog doesn’t really achieve the goal of making people personally responsible for dog owner ship,? he said. ‘All you’re really doing is transferring it to different breeds.?
Michael Davis, of Macomb Township, agreed.
‘I don’t want to end up like Italy with 92 breed bans,? said Davis, a member of the Michigan American Pit Bull Terrier Club, to township officials. ‘Let’s not ban all the breeds so nobody wants to move here who wants to have a dog.?
From the French woman who received a face transplant last year after her Labrador attacked her to the Chihuahua who killed a 3-month-old baby, Davis cited these as examples that other dogs bite too.
If one breed of dog is banned, Davis asked, ‘What’s next? Where do you stop??
Davis commended the township for its current Dangerous Animals Assistance Ordinance.
‘You guys have a great law ? keep it going,? said Davis, noting he’s used Oxford’s ordinance as an example to other communities.
The local ordinance basically provides an avenue whereby residents attacked by a dangerous animal can file a sworn complaint with township officials, who may, but are not required to, direct their attorney to file a legal complaint in district court on the resident’s behalf.
After a hearing, the district judge then determines whether or not the animal in question is dangerous as defined by state law and if so, what to do with it. What happens to the animal is up to the judge’s discretion.
One resident who’s not pleased with the way the township implemented this ordinance recently was Kim Pool, owner of the pit bull which attacked McDonald.
Rather than face a hearing in district court, Pool’s attorney and the township attorney negotiated a court order, which was agreed to by both parties and signed by Judge Lisa Asadoorian, whereby Pool’s pit bull mix, named Sampson, was ‘permanently removed? from the township, never to return ‘at any time or for any period.?
Sampson must also have an identification number tattooed on him, at the owner’s expense, so he can be tracked should he ever become a problem in the future in another community.
As part of the agreed upon order, Pool and her husband are prohibited from having at their home seven breeds of dog identified by the Center for Disease Control and Prevention as ‘being the most dangerous.?
Breeds prohibited to the couple are pit bulls, Rottweillers, German Shepherds, Huskies, Alaskan Malamutes, Doberman Pinschers and Chow Chows.
Sampson’s owners must also pay the municipality $500 to cover the cost of the township attorney.
Pool told township officials she was upset the board discussed the incident involving Sampson and McDonald at its Sept. 13 meeting, but never contacted her to listen to her side of things or give her an opportunity to defend herself.
‘You do not even know the type of pet owner that I am,? she said. ‘I think that’s unjust . . . During that township meeting, I was guilty until proven innocent.?
Pool asked officials to reconsider Sampson’s situation and give her a chance to speak.
In an interview following the meeting, Supervisor Bill Dunn said Pool had an opportunity to ‘give her side of the story to the judge? at a court hearing, but decided to negotiate a settlement instead.
‘Her attorney signed the order with her permission,? Dunn said. ‘She could have argued her case before the judge and let the judge decide, but she didn’t do that. It’s not the township’s fault she chose not to have her day in court. It’s not the townshp’s job to judge this, it’s the court’s.?
As a result the township’s actions and media coverage, Pool said she has been ‘more than ostracized in the neighborhood and the community.?
‘For anyone to label my dog as a cruel and vicious animal without even spending any time with him whatsoever is highly unjust,? she told officials. ‘I am ashamed and embarassed to be a township homeowner.?
Sampson was described by Pool as a ‘family-friendly pet,? who was ‘highly intelligent? and given ‘nothing but love.?
‘He’s just a big goof. That’s all he is,? she said. ‘He has never attacked anyone.?
Pool told officials the incident with McDonald started as the two were engaged in friendly small talk. In Pool’s version of the story, she was sitting in her garage and McDonald was on the sidewalk, then stepped onto her grass. McDonald had her voice raised so Pool could hear her in the garage, according to Pool.
Sampson turned to see ‘who it was that was yelling at his mama,? then ‘jumped up? on McDonald. Pool said that’s when McDonald ‘turned away from him,? sustaining a ‘laceration? on her arm.
‘She said my dog hadbit her,? Pool explained. ‘I said, ‘I do not see a dog bite.??
Pool said she offered to call the hospital or take McDonald to the doctor. She also offered to pay ‘any and all medical bills.?
The only thing Pool said she asked in return was for McDonald to please not have Sampson destroyed. ‘I begged for my dog’s life because he’s a part of our family,? Pool said. ‘Sampson is near and dear to us.?
Pool noted that ‘if Sampson would have viciously attacked Ms. McDonald, he would have been put down.?
In McDonald’s version of the story, she was walking on the sidewalk in front of Pool’s home when Sampson charged and bit her on the left arm. Photographs of the wound were included with her sworn complaint to the township.
‘The bite I sustained broke the skin, resulting in bleeding, a broken blood vessel and bruising,? she said in her statement.