A Clive city law that singles out three breeds of dog as vicious could
change next month amid concerns that the ordinance would not withstand a
legal challenge, city officials said Thursday.
Similar versions of Clive's law - which deems pit bull terriers,
American pit bull terriers and American Staffordshire terriers vicious -
have been struck down by courts in other parts of the country because
they target specific breeds, said City Manager Dennis Henderson.
Such provisions, Henderson said, are akin to unconstitutional laws that
focus on specific races or genders. "It's kind of like saying, 'All
Caucasians are bad,' " he said.
A proposal - approved 3-0 by council members Ronni Begleiter, Steven
Brody and John Edwards - restricts any dangerous dog that attacks or
threatens a person. A dangerous dog must remain locked in a pen or
kennel or leashed, and any that attacks a person could be captured and
possibly euthanized by the city.
The change is nearly identical to measures under consideration by Des
Moines and other suburbs in an effort to create uniform dog control
rules in the metro area. It also requires owners to have liability
insurance of at least $100,000.
"It's really an improvement from our current ordinance," said City
Attorney James Wine.
Advocates for the terrier breeds have long argued that high-profile
attacks have created a misguided public impression that the dogs are
inherently dangerous. In June 2005, a Des Moines teenager suffered
serious bite wounds to her leg when she stepped between a Staffordshire
terrier and her 6-year-old brother as they were walking home from
school. Neighbors said at the time the dog had been running loose for
weeks.
Dog-attack cases are rare in Clive, city officials said. Clive's new
ordinance must pass two more council votes before taking effect,
Henderson said, and is subject to change.