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Johnston City dog ordinance may not be legal

BY CODELL RODRIGUEZ

Wednesday, October 3, 2007 2:52 PM CDT

JOHNSTON CITY -- A Johnston City vicious dog ordinance that was passed at the Tuesday, Sept. 25, city council meeting violates state law, according to Ledy VanKavage, senior director of legal training and legislation for the American Society for the Prevention of Cruelty to Animals (ASPCA).

Section 24 of provision 510 ILCS 5/24, says “Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed.”

Section 3 of the city ordinance prohibits keeping “… any Pit Bull which was not currently registered and licensed by the City of Johnston City ….” In addition, the ordinance states that pups born to registered female Pit Bulls will be removed from the city and encourages those who have probable cause to believe someone keeping an unregistered Pit Bull to report them to the Johnston City Police Department.

City Attorney Stephen Green, who drafted the ordinance, declined to comment. However, Mayor Richard Carter said Green is reviewing the ordinance and it will be addressed at the next council meeting. Carter said the main concern is to find a way to keep the city safe and stay fair to pet owners.

“All we’re trying to do is protect our citizens,” Carter said. “But we realize that pet owners have a voice too.”

VanKavage said the best course would be for the city to follow the state law, which deals with “dangerous” and “vicious” dogs, but does not single out breeds.

“Hey, there are some great state laws,” VanKavage said. “This is what you want to go with.”