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Elgin council set to amend dangerous dog ordinance

Dogs under Elgin's dangerous dog ordinance will be getting a chance at rehabilitation

Some dogs under Elgin's dangerous dog ordinance will be getting a chance at rehabilitation through an amendment to the law that drew differing views from council members.

Council member Rose Martinez, who retired from the U.S. Postal Office and worked in the Elgin office, said she struggled with the amendment discussed at Elgin City Council's Committee of the Whole Wednesday evening. She dealt with dogs when delivering packages and she understood they would sometimes get aggressive because they were protecting the property.

Ultimately, she felt she had to support the amendment because it is unfair to keep a dog on the list that has not bitten a person or another dog, Martinez said.

Elgin passed an ordinance in 2010 creating the designation of dangerous dog when a hearing officer or court at the request of the police department conducts an evidentiary hearing on the temperament of a dog that charged at a person or another dog or has bitten anyone or any other dog.

To date, 83 dogs have been designated as dangerous dogs and 13 as vicious, or dogs that have bitten someone or something. Under the ordinance, the designations are permanent, according to city records.

"It's our responsibility when passing ordinance to take a look afterward and see if it is doing its job or if there are unintended consequences," Councilmember Richard Dunne said, adding it is the council's job to correct those negative consequences.

The council Wednesday discussed amending the ordinance that would allow pet owners to request their dogs be removed from the list if the animal has had no additional incidents in three years and the owners have remained in compliance with the ordinance. Only dogs that have not bitten another dog or human would be considered.

Council member Tish Powell had a personal experience where she was bitten by a dog as a child. It took her a long time to warm up to dogs, she said.

"I understand the importance of that ordinance and to have it in place to protect the public," Powell said. But, the dangerous dog ordinance affects two dogs that did not bite a person or another dog, she said. She viewed the amendment as a way to correct the original ordinance, she said.

City Council member Terry Gavin requested city staff review the dangerous dog designation after the ordinance came up at a meeting. He has a dog on the dangerous list — a Chihuahua that he took in for a relative after it was listed as dangerous.

"I will refrain from engaging in this discussion. I have a dog on the list. I will refrain from voting," he said Wednesday, adding staff did a good job researching the topic and he found staff's report interesting.

The only no vote to push the amendment forward was Councilman John Prigge.

Staff had no request from dog owners to remove a dog from the list and the issue came before the council based on Gavin's request, Prigge said.

"This (current) ordinance does work," Prigge said. He also said the amendment carries no requirements like taking the dog to an animal behaviorist or veterinarian to determine whether it is still dangerous nor does the amendment seek consent from victims or complainant, he said.

Council members voted 7-1 — with a no vote by Prigge and Gavin's abstention — to amend the ordinance and pass the matter onto the city council agenda. A final vote will be taken at a city council meeting later.

Elizabeth Slover, who owns a dog, named Dakota, who is considered a dangerous dog following a fight with another dog, asked the council to take Dakota off the list. The pit bull has been rehabilitated and is now a therapy dog, she said. Slover presented documents showing how Dakota was rehabilitated.

Gloria Casas is a freelance reporter for The Courier-News.

Copyright © 2015, Elgin Courier-News
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