Farmington Hills, Farmington

Farmington Hills discusses dangerous animal ordinance

FARMINGTON HILLS — Marta Pionke was gardening one day in April when her 9-year-old daughter propped open the door with her shoe and their 4-year-old cat, Wendy, let curiosity get the best of her.

Wendy snuck out of the house, and upon inspection of a privacy fence, found a hole leading under it. What awaited her was the pit bull next door that had dug the hole.

Pionke heard Wendy’s cries and found her on her home’s front porch with her entrails outside of her body. Despite surgery and medical care costing about $3,000, Wendy could not be saved.

When Pionke called police, she found out there was little she could do. That’s why she and others are urging the Farmington Hills City Council to pass a dangerous animals ordinance, which they discussed at a council study session July 28.

“Wendy, she was beautiful,” Pionke said with tears in her eyes. “I wish there was something that could be done.”

The council is set to pass a new ordinance giving animal owners a chance to correct an animal’s bad behavior before landing in the court system. Shannon Ozga from City Attorney Steve Joppich’s office presented the ordinance to the council and three residents at the study session. The ordinance doesn’t ban any specific animal or breed of animal, but rather targets dangerous or potentially dangerous animals of any kind.

“It doesn’t address dogs by breed but by behavior,” Mayor Pro Tem Nancy Bates said. “I think dogs get bad marks they don’t deserve sometimes.”

The ordinance will call for an Animal Review Board to be established, consisting of City Manager Steve Brock, Fire Chief Rich Marinucci and Police Chief Rich Niemisto, or others appointed within their departments, to review incidents involving dangerous animals.

A dangerous animal is defined by the ordinance as any animal that bites or attacks a person or causes serious injury to a person or domestic animal. A potentially dangerous animal is one that has caused any less severe injury to a person or domestic animal, chases or acts in an aggressive manner without being provoked, or has run at large and been impounded by an animal control agency three or more times in a 12 month period.

Council member Barry Brickner agreed that it’s important to I+dentify animals by behavior and not breed.

“Not to sit there and say these animals are inherently bad,” he said. “It’s to set up a hierarchy to determine what is a dangerous animal and/or a potentially dangerous animal and what is not.”

The ordinance details how an animal owner will be notified after a complaint has been made and will receive notice of a hearing of the review board on the matter. It the animal owner doesn’t schedule a hearing, the animal will receive the designation of dangerous or potentially dangerous and it will be final. If they choose to attend the hearing, they will be given a chance to testify and present evidence before a determination is made. If an owner cannot be identified in the first place, the animal will be confiscated and an owner has seven days to claim it.

All animals determined to be dangerous or potentially dangerous must be registered with the city, in addition to dogs’ registration required by Oakland County. There are specific guidelines owners of dangerous or potentially dangerous animals must abide by in order to keep their animal in the city, as defined by the ordinance, including holding at least a $1.5 million insurance policy on the animal to protect potential victims. There also is a list of reasons why the animals can be confiscated if the owners do not follow various guidelines of ownership.

Resident Bob Lynn was happy to hear the city is set to pass the ordinance, after his dog was killed. Lynn said his wife was walking their dog when another dog ran up and “almost took its head off,” killing it. He said a police officer stayed at the residence all day waiting for animal control officers, but the dog was returned to its owner that day after he was issued a ticket for not having the dog licensed.

“He said there was nothing he could do,” Lynn said. “What if it had attacked one of our grandchildren?”

Resident Masha Silver suggested the city establish a dog park to help socialize dogs.

“If you want a dog that’s big and doesn’t kill little puppies, let’s get a dog park like other communities all over around us have,” she said. “Dog park dogs become so well socialized, not just to other dogs, but people.”

Silver also suggested a citizen or animal expert sit on the review board and asked for a more specific ordinance targeting “bully dogs.”

“It’s a difficult circumstance,” City Manager Steve Brock said. “There are very pleasant rottweilers, there are very pleasant German shepherds. But that’s what this tries to address — any dog that is not a good dog.”

Council Member Ken Massey agreed.

“Dogs respond to the people that raise them,” he said. “And unfortunately, any dog can become a bully dog.”

One requirement of being cited for having a dangerous or potentially dangerous animal is that the owner and animal successfully complete obedience classes as deemed necessary by the review board, again giving the owner an opportunity to correct bad behavior before landing in court.

“I think it’s time we hold the people responsible for the behavior of their animals,” Massey said. “For me, it’s about personal responsibility.”

The ordinance will be introduced at the council’s Aug. 11 meeting, at 7:30 p.m. at Farmington Hills City Hall, 31555 W. 11 Mile Road. The public is welcome to comment on the ordinance at the meeting. The council likely will schedule passage of the ordinance or a subsequent meeting after discussing it and hearing public comment.