Post by michele5611 on Oct 7, 2013 10:41:58 GMT -5
www.providencejournal.com/breaking-news/content/20131003-lawsuit-challenges-pawtuckets-ban-against-pit-bulls.ece
By Tatiana Pina
Journal Staff Writer
tpina@providencejournal.com
PAWTUCKET — A pit bull owner and an animal-defense group have filed a lawsuit in Superior Court that challenges Pawtucket’s ban against pit bulls.
The lawsuit filed by pit bull owner Albert Alix, 61, of Pawtucket, and Defenders of Animals asks the court to determine the validity of the city’s ordinance that forbids ownership of that particular breed of dog.
Mark B. Morse, a Providence lawyer who is representing Alix and Defenders of Animals, said the suit asks the court to declare that the city ordinance is invalid because it is inconsistent with a newly passed state law that forbids cities and towns from breed-specific bans on dogs and cats.
“We are trying to make sure that this particular ordinance enacted by Pawtucket is not enforced because it’s invalid,” Morse says.
Tony Pires, Pawtucket’s director of administration and public safety director, said the ordinance has been in effect since 2004 and the city argues it is grandfathered. Governor Chafee signed Rhode Island’s measure into law on July 16.
“The legislation does not specify that it is retroactive in nature,” Pires said, so the city ordinance trumps the state law. “That was really the solicitor’s view,” Pires said.
The number of pit bull bites has dropped dramatically since the city banned ownership of the breed, Pires said.
Dennis Tabella, director of Defender of Animals, said the ban forced pit bull owners to either leave the city or give their dogs up to shelters. Central Falls, which does not have an animal shelter, also has a ban on ownership of the breed. Tabella said such bans just transfer the problems to another city.
Alix decided to file the lawsuit after the police issued two summonses that charged him with having a prohibited pit bull, failure to muzzle the dog, having a dog at large, having an uninsured dog and failure to post a sign.
Chubs the pit bull did not bite or attack anyone, Pires said, but pit bulls are banned from the city. His court case on Sept. 20 was continued because Alix planned to file the lawsuit that challenges the city’s pit bull ban. Meanwhile, Chubs is living with Alix.
Alix said he received the summonses in August after his dog wandered from the yard on Harris Street a couple of times. One of those times was to a next-door neighbor’s yard where Chubs grabbed three of the elderly neighbor’s plastic bunny lawn ornaments and took them back home. Alix said he offered to pay the woman for the damaged lawn ornaments. Another time Chubs crossed the street to a property with a family with young children.
Alix said he’s had Chubs for about 20 months since his daughter moved to Connecticut. “He’s been really good. He wags his whole body. No way I will let him go. Now he is a family member,” Alix said.
By Tatiana Pina
Journal Staff Writer
tpina@providencejournal.com
PAWTUCKET — A pit bull owner and an animal-defense group have filed a lawsuit in Superior Court that challenges Pawtucket’s ban against pit bulls.
The lawsuit filed by pit bull owner Albert Alix, 61, of Pawtucket, and Defenders of Animals asks the court to determine the validity of the city’s ordinance that forbids ownership of that particular breed of dog.
Mark B. Morse, a Providence lawyer who is representing Alix and Defenders of Animals, said the suit asks the court to declare that the city ordinance is invalid because it is inconsistent with a newly passed state law that forbids cities and towns from breed-specific bans on dogs and cats.
“We are trying to make sure that this particular ordinance enacted by Pawtucket is not enforced because it’s invalid,” Morse says.
Tony Pires, Pawtucket’s director of administration and public safety director, said the ordinance has been in effect since 2004 and the city argues it is grandfathered. Governor Chafee signed Rhode Island’s measure into law on July 16.
“The legislation does not specify that it is retroactive in nature,” Pires said, so the city ordinance trumps the state law. “That was really the solicitor’s view,” Pires said.
The number of pit bull bites has dropped dramatically since the city banned ownership of the breed, Pires said.
Dennis Tabella, director of Defender of Animals, said the ban forced pit bull owners to either leave the city or give their dogs up to shelters. Central Falls, which does not have an animal shelter, also has a ban on ownership of the breed. Tabella said such bans just transfer the problems to another city.
Alix decided to file the lawsuit after the police issued two summonses that charged him with having a prohibited pit bull, failure to muzzle the dog, having a dog at large, having an uninsured dog and failure to post a sign.
Chubs the pit bull did not bite or attack anyone, Pires said, but pit bulls are banned from the city. His court case on Sept. 20 was continued because Alix planned to file the lawsuit that challenges the city’s pit bull ban. Meanwhile, Chubs is living with Alix.
Alix said he received the summonses in August after his dog wandered from the yard on Harris Street a couple of times. One of those times was to a next-door neighbor’s yard where Chubs grabbed three of the elderly neighbor’s plastic bunny lawn ornaments and took them back home. Alix said he offered to pay the woman for the damaged lawn ornaments. Another time Chubs crossed the street to a property with a family with young children.
Alix said he’s had Chubs for about 20 months since his daughter moved to Connecticut. “He’s been really good. He wags his whole body. No way I will let him go. Now he is a family member,” Alix said.
I look forward to learning much here