Judge puts hold on pit bull ban

Council Bluffs, IA -- The pit bull ban in Council Bluffs has been temporarily put on hold.

Pottawattamie County District Court Judge James Heckerman late Monday afternoon granted a temporary injunction to stop the city from enforcing the ordinance, which went into effect on Jan. 1.

The petition to grant the injunction was filed by Dan Curnyn, a local pit bull owner.

The inability for pit bull owners to get insurance to cover damages from a pit bull attack, required in the new ordinance, was the main reason for his action, Curnyn said.

Also, he feels the city will not be able to distinguish whether a dog is a pit bull or another breed when investigating pit bull cases, Curnyn said.

Under the new ordinance, pit bull owners must carry at least $100,000 worth of insurance that would cover any damage or injury from a pit bull.

"I can't comply with the insurance requirement," Curnyn said.

The ordinance defines pit bull as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds more so than any other breed.

A hearing on whether the issue goes forward will be on Jan. 10.When asked to respond, Public Health Director Donn Dierks said, "Nothing surprises me anymore. It's another road block on the street the city has to travel."

"He (Dierks) knows it's unenforceable," Curnyn said.

City Attorney Richard Wade said, "We believe our ordinance is enforceable."

People who licensed their pit bulls last year now have until 5 p.m. on Wednesday to get their dog licensed for 2005 under the city's new pit bull ordinance, Dierks said.

The ordinance states that pit bull owners had until Jan. 1 to license their dogs and comply with other regulations

Dierks said. However, because city offices were closed on Dec. 31 as part of the New Year's holiday and with the inclement weather, he decided to extend the license deadline until Wednesday.

The dog owners must also show that they have procured liability insurance in the amount of at least $100,000 to cover any damage or injury that may be caused by a pit bull during the duration of the license.

They must also show proof that the vaccinations for the dogs are up to date, Dierks said.

Pit bull owners will be allowed to bring their animals to the Council Bluffs Animal Shelter on Jan. 22 to have identifying microchips inserted into the dogs, another of the requirements under the new ordinance.

Pit bulls must also be spayed or neutered by Feb. 15.

Turning to other weather-related delays, Dierks said that crews are working as hard as possible to make sure residential trash collection is on schedule despite the slick road conditions. People are urged to keep their trash containers out on the curb until the crews come by, he said.