Stop the Elgin Pit Bull Ban

To: CITY OF ELGIN

SUPPORT THE RESCISSION/REMOVAL OF THE DANGEROUS DOG DESIGNATION FOR PIT BULL AND PIT BULL-TYPE DOG BREEDS IN THE AMENDEND ANIMAL CONTROL ORDINNANCE.

The Amended Animal Control Ordinance will be voted on during the Elgin City Council Meeting, to be held at City Hall, 150 Dexter Court, Elgin, IL at 6:00 p.m. on Wednesday, March 10, 2010. This ordinance has preliminarily passed with a vote of 4 to 3. In favor of passing the ordinance, as written, were Mayor Edward Schock, and Councilmen John Prigge, Robert Gilliam and Mike Warren. Voting against passing the ordinance, as written, were Councilmen John Steffen, Richard Dunne and David Kaptain.

This ordinance, if passed as written, unfairly deems pit bull and pit bull-type breeds as Dangerous. Having received this designation, anyone owning a dog of this type will, by breed alone, be subject to the ordinances Dangerous Dog restrictions. Unlike other dogs in Elgin, pit bulls will not have the due process afforded all other types/breeds of dogs, to determine if they are Dangerous. In Section 7.04.110B of the new ordinance, A dog is designated as a Dangerous Dog when the Hearing Officer or court has conducted an evidentiary hearing and has entered an order determining that the dog has behaved in a dangerous manner. Unless your dog is a pit bull. Then it is pre-determined, behavior not withstanding, as a Dangerous Dog and will be compelled to obey the following restrictions, paraphrased from the amended ordinance:

1. Confinement. A Dangerous Dog on private property must be kept indoors or outdoors within an enclosure or within a fully-fenced yard enclosed on all sides by fencing that:

i. is at least six feet in height;
ii. locks securely;
iii. has secure sides that prevent the dog from extending any portion of its body through any part of the fence; and
iv. is anchored to the ground so that the dog cannot escape by digging under the fence.

(This section is not enforceable in Elgin. Historic District homes/fences are strictly enforced and will not fall under these guidelines. Association covenants for multi-units dwellings, such as town homes, most often cannot have fences at all.

2. Required signage. The owner of any dog deemed Dangerous, including, specifically by breed, any pit bulls, must display on the premises at each entrance a 2 x 2 sign reading WARNING: A DANGEROUS DOG KEPT ON PREMISES.

(Posting this required signage will affect the values of not only the homes of the dogs owners but any potential homebuyer looking to relocate to Elgin).

3. Evaluation and training. The owner of a Dangerous Dog must complete an evaluation of the dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field of dog behavior, and obedience training or other training or treatment of the Dangerous Dog as deemed appropriate by the behaviorist or expert.

(Why should the owner of a pit bull that has not shown ANY dangerous behavior, but has been deemed Dangerous by breed-specific legislation, have to pay for evaluations and training?)

4. Altering and Microchipping. A Dangerous Dog must be altered and micro chipped at the owners expense.

(As responsible dog owners, of any breed, these things are done routinely, without legislation.)


5. Insurance Coverage. A Dangerous Dog owner must obtain, maintain and provide evidence to the City of liability insurance coverage or a surety bond in the amount of at least $500,000, without limitation coverage for animal bites.

(If a homeowner can even obtain this coverage, after informing his insurance company of the Dangerous Dog profile, the cost will be prohibitive, and most insurance companies will drop the subscriber.)

Additionally, no one may transport a pit bull in or out of Elgin from neighboring towns, without a transportation permit, issued by the Chief of Police. This means a pit bull owner from a surrounding town cannot bring their dog to their Elgin veterinarian without a permit. This will financially effect Elgin business in a negative way; people will be more likely to change vets than go through the process of obtaining a transport permit.

In closing, the State of Illinois Animal Control Act (510 ILC 5/) Section 24 states (paraphrasing):
Nothing in this section of the Animal Control Act shall limit the power of any municipality to prohibit certain animals and their behaviors, PROVIDED THAT NO REGULATION OR ORDINANCE IS BREED SPECIFIC.

We, as the undersigned, are concerned citizens who urge our Elgin City Manager , Mayor and City Council Leaders to act now to rescind/remove the breed-specific Dangerous Dog identifier from pit bull and pit bull-type dogs, allowing EVERY dog in Elgin the same due process to determine their ability to be dangerous.