Published: October 26, 2007 11:53 pm      

Ordinance not breed specific

Problem dogs classified as dangerous or nuisance

FROSTBURG — Frostburg pit bull owners who unleashed a storm of protest during the past few months can rest easier now that Frostburg city officials have introduced the long-anticipated dangerous dog ordinance, a document that does not target specific breeds.

“During this effort, led by (Public Safety) Commissioner (John) Ralston since July, we have had many comments, including from across the nation and from People for the Ethical Treatment of Animals,” said City Administrator John Kirby.

Ralston said he favors an ordinance aimed at specific breeds, such as pit bulls, but didn’t want the city to pass legislation that would lead to a courtroom appearance.

The eight-page ordinance is based upon one provided by the Humane Society of the United States and fine-tuned by City Attorney Michael Scott Cohen. It is the result of an incident this summer in which at least one of two free-running pit bulls bit a small dog and its owner on the Frostburg State University campus.

The ordinance allows Kirby to classify a dog as a nuisance or as a danger, the latter being the more severe designation.

When a dog receives the nuisance moniker, it has been determined to pose a threat to public safety by:

• Chasing or menacing a person or domestic animal in an aggressive manner without being provoked.

• Running at large or being impounded no less than two times within 12 months.

• Having the owner cited two or more times within 12 months by the Allegany County Animal Control.

• Acting in a highly aggressive manner within a fenced yard or enclosure and appearing to be able to jump over the fence or leave the enclosure.

• Damaging the property of anyone other than the owner.

Dogs that are behaving even worse may be declared dangerous by:

• Attacking, though unprovoked, a person or domestic animal and causing serious injury.

• Continuing to break nuisance dog rules after already being classified as such.

• Having been classified by Allegany County as a vicious animal.

City resident Bernard Leake told the mayor and council he was concerned that people who train dogs to protect their homes could be fined.

Ralston assured him that was not the case as long as the dog doing the biting was protecting the home or the owner. In addition, dogs are free to bite people committing crimes, or simply trespassing, without fear of negative classification.

Owners of dogs declared nuisances must provide evidence to the city that the pet has been licensed, vaccinated, and neutered or spayed. In addition, the dog will be allowed outdoors only within an enclosure or on a 4-foot or shorter leash and muzzled.

The city must be notified if the dog is moved or sold.

A nuisance dog that has been good for three years becomes just a dog again in the city’s eyes.

An additional consequence of owning a dangerous dog is the posting of a sign on the front of the dwelling stating that a dangerous dog lives within. Also, dangerous dogs may not leave the home unless being taken to a veterinarian.

A public hearing about this ordinance will take place at the city’s public meeting Nov. 15. By then, the mayor and council will decide whether to require owners of dangerous dogs to have liability insurance policies for their pets.

Being declared a dangerous dog in Frostburg is a life sentence for the animal, with no pardons no matter how much time passes.

A first violation of the rules brings a minimum fine of $500. A second violation carries a $1,000 fine. Subsequent violations have fines of $1,000 and up to 90 days in jail, for the owner, that is.

The full ordinance is available at City Hall.

“Any dogs already here are grandfathered in,” Ralston said, meaning that a dog that broke the rules before the ordinance is enacted won’t be declared a nuisance or dangerous. “I’ve had people worried that we will come to get their dogs. That’s not going to happen.”

Rachel Nussear, who spoke at earlier meetings in opposition to a breed-specific ordinance, thanked the mayor and council for the way in which the ordinance was crafted. “I’m really happy. I appreciate it,” she said.

Another citizen speaking Thursday was Jennifer Blatchley, who said she was disappointed that the ordinance did not target specific breeds. “If you get bitten by a little dog, you have a mark on you knee. If you get attacked by a pit bull, you have life-threatening injuries,” she said.

Gene Harris Jr., who had spoken in the past favoring an ordinance directed at pit bulls, said time will tell if the new rules go far enough. “but I thank you (for introducing it) as a former newspaper delivery boy.”

Michael A. Sawyers can be reached at msawyers@times-news.com.