Council approves dangerous dog ordinance

Kaven Holmes, right, asks the Senath board of aldermen about a building variance in order to build a shed closer to the property line, which the current ordinance disputes. Former Senath resident James Keen, left, sits in on the meeting for a Legal Environment of Business class he is enrolled in at Mississippi State University at Starkville, Miss. [Click to enlarge]

SENATH, Mo. -- A public hearing was held last night prior to the council meeting at the city hall at Senath. Mayor Bill Anderson advised the board that the city is seeking the community's input on strengths and weaknesses within the city.

"We will be renovating roadways in town which will benefit approximately 62 percent of low to moderate income families," Anderson said. "This will cost approximately $200,000."

The renovations consist of paving gravel roadways which are used during cotton ginning season by module trucks. "This will cut the large amount of dust these residents are subject to during the ginning season," Anderson said.

No residents attending had comments on the matter, therefore, the public hearing was closed and the regular meeting of the board of aldermen was opened.

After being tabled at last month's meeting, the board passed the city's proposed dangerous dog ordinance. Last month Alderman Bud Brooks declined to vote in favor of the ordinance, claiming it wasn't tough enough.

After discussing the idea of banning pit-bull dogs within the city limits, the council decided to move forward on passing the ordinance as written.

"The problem with banning pit-bull dogs totally is if an owner wants to dispute the matter, claiming his dog is not pit-bull," Johnny Dalton, city attorney said. "Then it would be up to the city to prove the dog is in fact a pit-bull dog."

The ordinance which was passed by the council defines a dangerous dog as:

* Any dog which, according to the records of the appropriate authority, has inflicted severe injury on a human being without provocation on public or private property.

* Any dog which, according to the records of the appropriate authority, has killed a domestic animal without provocation while off the owner's property.

* Any dog owned or harbored primarily or in part for the purposes of dog fighting or any dog trained for fighting.

* Any dog, not owned by a governmental or law enforcement unit, used primarily to guard public or private property.

* Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.

* Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack.

* Or, any pit bull dog, being defined to mean:

* The bull terrier breed of dog, the Staffordshire bull terrier breed of dog, the American pit bull terrier breed of dog, the American Staffordshire terrier breed of dog, or any dogs of mixed breed or other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terrier, or any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, or the American pit bull.

* Proper confinement consists of providing the dog with a pen or structure, which is required to have dimensions of five feet, by ten feet and must be at least five feet high with posts anchored in the ground at least two feet, and must have secure sides and a secure top.

* The animal must be chained inside the enclosure unless under direct physical supervision of a responsible person. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground, no less than two-feet.

* The enclosure must also be provide protection from the elements for the dog. The owner or keeper may obtain the approval of the city animal control officer if the owner or keeper is in doubt as to the enclosure's compliance with this section.

Kaven Holmes, a resident of the city who lives on Market Street, approached the council in reference to its building codes.

"I am wanting to build a shed at the northwest corner of my lot," Holmes said. "And I'm wondering how far I have to be from my neighbors property line, as well as the alley."

Since the board is in the process of changing the ordinance which requires the land owner to leave at least 15-feet on each side of his neighbor, ten-feet in the front, and 25-feet in the back. The board has recently granted owners a variance, allowing them six-feet.

Anderson asked Lester Hunter, city marshall, to go and check out the site on Tuesday and report back with estimations of the building location.

"I want to take a minute here and commend our fire department on their hard work and effort during the fire we had on Main St. here last week," Anderson said. "They worked from 20 to 24-hours at the site and they did a tremendous job containing the fire."

The next regular meeting of the board of aldermen is scheduled for 7 p.m., Monday, March 12, at the municipal building.