More Metro communities unleash laws to curb 'dangerous dogs'

Christine Ferretti and Tanveer Ali / The Detroit News

Waterford Township -- Not long ago, the pit bull living across the street from Diane Ross made her afraid to go outside.

The 50-year-old Waterford Township resident said the dog charged at her three times this spring and was "terrorizing" her neighborhood. She was worried for the safety of her 2 1/2 -year-old grandson and tiny bichon frise.

But thanks to her township's enforcement of a decades-old ban against the breed, she said she no longer has a reason for concern: A district court judge last month ordered that the dog, which lunged at her and bit others, be destroyed.

"I've always been an animal lover, but when it comes to a matter of safety and there is an ordinance, you have to follow the law," Ross said. "They (pit bulls) are dangerous dogs. I don't think they need to be a part of a community."

Waterford is considered a pioneer among the growing number of Michigan municipalities contemplating, revising or enacting laws in recent years to impose restrictions on dogs deemed "dangerous," or prohibiting particular breeds altogether.

Warren, Mount Clemens and Eastpointe are looking to strengthen their animal policies following the mauling death of a Macomb County toddler in April with the idea these laws curb attacks and promote responsible dog ownership. Other communities stopped short of outright restrictions that would be too challenging to enforce.

No one disputes municipalities have every right to protect their citizens, but the question of banning breeds has brought the property rights of some in conflict with the peace of mind of others. Lawyers say communities often backpedal on their intention to ban specific breeds with the understanding they must prove the action protects citizens rather than just providing appeasement.

"Ultimately the question is, (is) that a reasonable restriction on a property owner's right to own a pit bull," said Lawrence Dubin, a University of Detroit-Mercy law professor. "The alternate question is: are they dangerous because of their breed or the way in which they were raised? There could be a constitutional issue in banning any particular breed, if it is not demonstrated to protect the health safety and welfare of a given community."

Policy re-evaluated

The issue has become particularly acute in Eastpointe and other Macomb County communities since 11-month-old Leonard Lovejoy Jr. was mauled to death by his family's pit-bull mix in Eastpointe. The toddler was standing on a bed between his parents April 22 when, without warning the family said, the dog grabbed him. The father fired eight shots with his registered handgun, killing the dog, but too late to save the toddler.

Eastpointe officials have revised their dog laws in recent years, but decided to re-evaluate the policy after the incident.

Kathleen Paduchowski of Eastpointe said she's been disappointed too many times to get her hopes up about the tougher dog laws her city is researching.

She just spent $3,500 on a privacy fence to protect her two young sons from the pit bulls next door that regularly roam free. She said she's talked to police, code enforcement and animal control officers, but her neighbors have failed to tether the dogs or build an enclosure, both required under Eastpointe's dog laws. "It doesn't seem like the city is taking responsibility for anything. They have a huge ordinance that points out stuff people are supposed to do. City Hall is not enforcing that," said Paduchowski, 34, who says Eastpointe's lone animal control officer is responsive, but can't do it all.

"If they don't enforce what they already have in place they don't need to go any further."

The City Council didn't take any action during an emotionally charged meeting in May, but said they'll likely stop short of a breed ban. City Councilwoman Wendy Richardson said the ordinance was updated last year and officials will now focus on listing consequences for those who keep vicious dogs and whether they will name certain breeds in the amended law. The issue is expected to go before the City Council this summer.

"I want to work with professionals and law enforcement to get a consensus of what's worked in other communities and what's enforceable and rational for our community," Richardson said. "All of the communities (considering laws) are struggling with balancing the needs of the residents versus the owners of particular dog breeds. We don't want to go overboard in one way or the other."

Warren City Council is considering tougher restrictions for owners of pit bulls -- excluding therapy dogs -- that would prohibit the breed from business and commercial properties and parks, but opted to postpone action last week on the draft ordinance. The matter may now move to committee for review. No dates have been set, officials said.

Municipalities in Oakland and Wayne counties -- including Farmington Hills, Allen Park, Redford Township, Wyandotte, Livonia and Southfield -- have considered, passed or revised ordinances, some singling out bully breeds, others to force owners of "dangerous" dogs to muzzle, microchip, obtain special licensing and pay liability insurance. In Livingston County, for example, the animal shelter can euthanize bully breeds running loose within four days if they aren't claimed.

After a City Commission meeting earlier this month, Mount Clemens is exploring registration and kenneling options. Outright bans, officials say, are off the table.

"A lot has been happening in neighboring communities. There's just been a lot of concern on the part of citizens," said Bonnie McInerney, director of community development.

'It's an owner problem'

Shayne Davis, who co-founded the Macomb Township-based Great Lakes American Pit Bull Terrier Association with her husband, Michael Davis, has been active in approaching communities trying to diffuse attempts at banning dogs and turning attention to owners, not breeds.

"Owners in general should be more proactive, there needs to be a focus on public education," said Davis of Macomb Township, the co-owner of eight pit bulls. "You can't just bring the dog home and love it and feed and behave the way you want it to, unless you teach it. It's not a breed problem. It's an owner problem."

But for some, the only way to be safe is to ban certain dogs.

Jerry Comfort, whose bichon died several days after being mauled by a pit bull in his Eastpointe neighborhood, said the dogs are "just trouble waiting to happen." He wants them out and doesn't see a problem with banning the breed. Dangerous animal ordinances are "too lenient," he added.

"We're not allowed to have pets like lions and tigers and that's because they kill. This is no different," said Comfort, 55.

"My neighbors have babies and they are afraid now to put them in a stroller and walk around the block. We know this one (breed) is bad. Let's do something about it."

Some communities have opted to scale back proposed restrictions, but others, like Waterford, that have breed bans say restrictions are worth it, and they work.

"We developed a system. It wasn't overnight," said Walter Bedell, a Waterford Township prosecutor. "We want to keep (the community) safe for the people that live here and visit."

Last year, the township investigated 85 pit bull complaints, 95 percent of which have been resolved. Officials say once complaints come in, they do everything from providing residents with a copy of the law to ordering the dogs removed within 14 days. They'll even require owners to pay about $140 for genetic testing and take matters to court if necessary.

In Grosse Pointe Woods and Allen Park, breed-specific policies are enforced with the help of watchful residents. Grosse Pointe Woods officials say they have the manpower and time to make sure residents comply. "They (residents) wanted this dog ordinance. They got it. And we enforce it," said Public Safety Director Michael Makowski.

Davis' group didn't deter Allen Park from banning pit bull and American bulldog breeds, but was successful in pushing a five-year sunset clause. All owners of those breeds were required to register them by February, after which any unregistered or new dogs would have to be taken out of the city or euthanized.

Officials said the city registered 113 dogs. Sixteen banned breeds have been found since the registration period ended, with 11 either put down or banished from the city.

Renee Miller, a Canton Township-based attorney who does animal law work, said even when cities are able to pass strict restrictions, they don't make communities automatically safer. If the dog types were the primary safety issue, then cities like Allen Park would not have grandfathered existing dogs into registration.

"The city is entitled to do that (ban) based on the No. 1 goal is the safety of the public," Miller said. Speaking of the Eastpointe mauling she said, "If they had that law in place that dog would have been grandfathered in and that would've still happened."

Oxford Veterinarian Stephen C. Steep, who chairs the legislative advisory committee for the Michigan Veterinary Medical Association, said the intentions of communities seeking ordinances may be good, but even if ordinances are passed, these laws are often difficult to monitor.

"You are relying on the compliance of many pet owners to recognize the law, admit ownership of the breed and the burden of proof," he said, noting many people fail to register their dogs or report attacks and genetic breed identification testing is "questionable."

"There's a lot of feel-good legislation out there," Steep said. "It certainly looks good if your community takes a stance on something that will protect the community and protect your children."

cferretti@detnews.com (586) 468-0343