The city I live in has passed a law saying that pit bulls are illegal. They gave everybody in the city a month to turn over their pit bulls to the animal control, otherwise if they find you in possession of one, they'll fine you, and you may get put in jail, and the dog will be put to sleep anyway. I don't want to give up my dog, he means too much to me. Other than moving, which I don't have the ability to do, do I have any rights? What can I do, if anything?
2006-09-02 18:15:12 · 16 answers · asked by Death's Beautiful Angel 1 in Politics & Government ➔ Law & Ethics
I live in Kansas City Kansas. There's no state law saying they are illegal, each city decides. Most cities in Kansas have made it illegal, but they rarely enforce it, unless the dog is vicious. Mine's not. He's never bitten anybody, never even growled at someone. He's just a big baby.
2006-09-02 18:26:52 · update #1
Jack Meoff - You're right, it's an ordiance, I got confused. But in my understanding, it still works the same way as a law.
2006-09-02 18:32:40 · update #2
You can hire an attorney to fight the issue, or join with other owners for a class-action suit.
But similar laws have been found valid in other cities and states, do don't expect a miracle.
{EDIT} An ordinance is a city or county law. But it's still the law.
{EDIT to ericnifromnm} You are incorrect.
An ex post facto law means making prior conduct illegal, when it was not illegal at the time. So, if the punished a person for having the dogs a month or a year ago, that would be an ex post facto law. There is nothing stopping them from making something illegal going forward, especially when they gave a one-month grace period to comply.
2006-09-02 18:17:50 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
I don't like pitbull but I think that is soo wrong. All I can say is you shouldn't give up your dog and should put up a fight. I think if they are going to do that they should say anyone who owns or breeds pit bulls in the city after the law was passed should have to turn over their pets and or be fined. Anyone who owns or bred a pit bull before the law should be able to keep the dog(s) with a special permit.
2006-09-03 01:20:04 · answer #2 · answered by Simmy 5 · 0⤊ 0⤋
It's doubtful that a "law" was actually passed by your city, it was more probably an ordinance. Laws are generally state statutes which are tested/analyzed for constitutionality before being enacted. Ordinances on the other hand have not requirement to be constitutional. Many times they are not, so citizens get screwed. A good lawyer might be able to get you your dog grandfathered in depending on your previous circumstances, but it will cost you big bucks for the attorney and you may be required to put up a 2-5K dollar bond on your dog (common tactic used by cities).
Good luck
2006-09-03 01:30:25 · answer #3 · answered by Jack Meoff 4 · 0⤊ 0⤋
That's a sad state of affairs. Seems like the city would have no right to force you to give up your dog. I guess they could ban people acquiring pit bulls, but the ones that are already there should be able to stay. Good Luck!
2006-09-03 01:27:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Definitely get a lawyer. They have to grandfather the dogs in, or it's an ex post facto law. Here's what the constitution says about that, courtesy of wikipedia:
United States - Prohibited by Article I section 9 (applying to federal law) and section 10 (applying to state law) of the U.S. Constitution. Over the years, when deciding ex post facto cases, the United States Supreme Court has referred repeatedly to its ruling in the Calder v. Bull case of 1798, in which Justice Chase established four categories of unconstitutional ex post facto laws. A current U.S. law that definitely has an ex post facto effect is the Adam Walsh Child Protection and Safety Act of 2006. This law, which imposes new registration requirements on convicted sex offenders, gives the U.S. Attorney General the authority to apply the law retroactively. [1] However, the U.S. Supreme Court has already ruled in Smith v. Doe (2003) that forcing sex offenders to register their whereabouts at regular intervels, and the posting of personal information about them on the Internet, does not violate the constitutional prohibition against ex post facto laws, because compulsory registration of offenders who completed their sentences before new laws requiring compliance went into effect does not constitute a punishment. [2]
See also Fourteenth Amendment, Bouie v. City of Columbia, Rogers v. Tennessee
2006-09-03 01:27:50 · answer #5 · answered by ericnifromnm081970 3 · 0⤊ 0⤋
seeing it is a city issue get a petition going!! At least let the people who currently have the dogs keep them!! Gosh where do you live? Maybe talk to a lawyer and fight it in court. Or move out of the city limits if they are going to be like that!
2006-09-03 01:23:35 · answer #6 · answered by Maimee 5 · 0⤊ 0⤋
Pit bulls in many cases are used to protect drug dealers, that is the reasoning behind the ban. They can be easily trained to attack with the proper mistreatment, and are deadly. You have almost no legal recourse by yourself, but you could organize a group of owners, and attempt to challenge the bill.
2006-09-03 01:17:56 · answer #7 · answered by Black Sabbath 6 · 0⤊ 0⤋
I'd say tell the city that it would mess you up phycologically and that you would request a thearpist, which would have to be paid in full by the city, see if they'd pay for it or see if they'd let you keep the dog.
2006-09-03 01:26:43 · answer #8 · answered by "Chanel-o" 3 · 0⤊ 0⤋
1. Hire an attorney and challenge it in court.
2. Move to an unincorporated area.
2006-09-03 02:24:21 · answer #9 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I hate to say it but call the N.S.P.C.A, PETA, ACLU and get some competant legal advice....Perhaps you can get a judge to issue a restraining order or stay until the issue has been legally resolved...
2006-09-03 01:24:32 · answer #10 · answered by Anonymous · 0⤊ 0⤋