The Pit Bull ordinance stands, at least for the moment
by Duane Williams, KLCB 1230 AM Libby News Radio
August 20, 2008
The Libby City Council Ordinance Committee made the recommendation NOT to allow a variance to the 18 year old ordinance.
It became a moot point, however, when City Attorney Chuck Evans, informed the Council they had no authority to grant a variance to the law. He told the Council they only had the option to create, modify, amend, or rescind an ordinance, but had no power to grant a variance to a law. or make an exception to a law for an individual. "This is not a zoning issue", said Evans. Evans said the Council is a legislative body, not an enforcement body.
Evans said the procedure should be that a ticket for the violation be issued, and the matter go through the court system.
At issue is a Michigan couple’s request for the Council to grant a variance to the existing ordinance to allow them to keep their two pit bulls within the City limits. That is illegal under the current ordinance. The couple was notified of the violation July 5th by the Libby police, and given 24 hours to remove the dogs from the City. They have not complied.
The next step is for the City police to issue a citation, and remove the animals if the owners do not comply. The Council did give the owners 30 days to relocate the dogs.
Evans told the owners they can petition the City Council to modify or rescind the ordinance, but until the ordinance is rescinded, it stands and must be complied with.
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Story by Duane Williams, KLCB 1230 AM Libby News Radio, |
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