Feeds‘Dog fight’ erupts in Plymouth
Neighbors on opposite sides of a dispute about allowing pit bulls in the City of Plymouth will have to wait at least a month for a decision from city commissioners.
Plymouth Mayor Phil Pursell told about a dozen residents during the bi-weekly city commission meeting on Monday that Bob Marzano, the city attorney, needs more time to research the “Constitutional and other legal issues related” to any potential ordinance calling for a ban of pit bulls in the municipality.
“The city attorney has provided some preliminary research related to potential model ordinances to the city commission,” said Pursell. “As I told you two weeks ago ‘we can adopt ordinances all day long, but if they don’t stand up in court they won’t do you or (the city) any good.’”
Marzano will present his report to the public on March 17.
Earlier this month Chris and Maureen Schneider of Jenner Street submitted a petition with more than a 100 signatures calling for the elimination of pit bulls and other animals bred for fighting within city limits. Another petition called for ordinances to strengthen property and fence guidelines for dog owners. The signatures were collected in anticipation of a family moving next door that owns a pit bull.
Kyle Kosmyna, the 23-year-old who with his fiancé and three children moved next door to the Schneiders on Feb.12, said he feels “betrayed” that neighbors would sign a petition against his dog without meeting him, or Gage, his 2-year-old pit bull.
“It’s ridiculous. I’ve never been treated like this anywhere with my dog,” said Kosmyna who moved to Plymouth from Livonia. “Neighbors made allegations about my dog with no evidence that my dog is dangerous,” he added.
Kosmyna said his dog “is legal” and has proper vaccinations. He added that Cage has never been involved in any attack or trained in dog fighting, the illegal sport highlighted last year with the arrest and conviction of NFL quarterback Michael Vick. The dog is chained to a post behind a fence in the back yard when outside, Kosmyna added.
Proponents of the ban who have voiced their concerns with commissioners said that pit bulls are dangerous animals.
According to the official minutes from the city commission meeting on Feb.4, Chris Schneider stated that he is concerned about what he read about pit bulls and called the animals “unpredictable and relentless.”
Ban proponents would also want the city to require all the animals to be spayed or neutered in addition to other compliance laws, if the ban is not possible.
Several cities and counties across America have tried bans on pit bulls with various degrees of success. The City of Detroit was unsuccessful in a bid to ban pit bulls in 2006 while the City of Denver was forced to end a ban on pit bulls when the Colorado State Legislature prohibited the “singling out” of breeds of animals in 2004.
A judge later ruled that banning the dogs is under the authority of the Denver Home Rule Charter and reversed the ban from the state.
There is currently a case in federal court concerning an ordinance approved by a community in Arkansas banning pit bulls.
Marzano said the city has a leash law under the city code or ordinance. The city also has a vicious animal ordinance placing liability on owners of animals who have attacked individuals or property.
Marzano said he would study the court cases across the country involving animal bands and other legal matters involving animals.
“My job is to give the commission options,” Marzano added.
While some of his neighbors would like to see the dog go, Kosmyna, a mechanical contractor with a company in Oakland County, said his family and his dog are receiving tons of support from other dog owners in the community. Kosmyna said that he is willing to go to court to protect his rights to live in Plymouth with his family pet, if necessary.
“I’m not breaking any laws and I’m not giving up my dog,” said Kosmyna. “I’m not afraid to take legal action.”
