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[Dyersburg State Gazette]
Dyersburg, Tennessee ~ Friday, November 21, 2008
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Illegal pit bull sales prompts questions for county

Saturday, January 12, 2008
The Dyer County Commission is mulling options to restrict vicious dogs in the unincorporated areas outside Dyersburg, Newbern and Trimble.

The matter was spurred by Commissioner Ralph Henson (Millsfield) after a constituent concerned about an illegal dog business operating in the county contacted him.

"The man was selling dogs from a pit bull herd," said Local Government Committee chairman John Uitendaal (Newbern).

"I'm concerned with the municipalities passing the vicious dog laws, the owners are moving out in the county where there is no law," said Henson.

Joseph Clark, 7090 Lenox Nauvoo Rd, was found to have advertised pit bulls for sale without gaining the appropriate zoning for a business. Clark had, however, obtained a business license.

County attorney Michael Gauldin said such instances could become more common if the county continues without the regulatory powers to handle dog problems.

"The only thing he [Clark] did wrong was to sell the dogs," said Gauldin. "If he wanted to, he could have 20, 30 or 40 dogs and there's nothing to be done. It's only because of a zoning matter that this can be corrected."

Building and zoning inspector Randy Parnell sent a certified letter to Clark on Dec. 27 ordering him to cease the illegal kennel operations and clean up his property within 30 days.

Henson passed out ordinances recently passed by Dyersburg, Newbern and Halls and articles on how other jurisdictions are handling dog problems to the Local Government Committee on Friday. Others at the meeting included Mayor Richard Hill and commissioners Jimmy Wells (Finley) and David Agee (Fowlkes, Bonicord, Tigrett).

Dyer County Humane Society manager Derrick Avery and society board member Jo Cole also attended.

Uitendaal asked why a breed-specific law could not be passed focusing on pit bulls.

Gauldin said such measures are unconstitutional.

Avery said dogs legally recognized as "vicious" at the shelter in recent months have included hounds, Labrador retrievers and dachshunds as well as pit bulls.

"It's true that pit bulls have a bite pressure of 1,200 pounds per square inch," he said. "But a lot of why pit bulls are a problem is their owners. A kid might come into the shelter and say he wants a pit bull. But he wants it for its namesake. Then the dogs are raised improperly and when they get bad, they get really bad."

Henson, who said he "doesn't have a dog in this fight," called the issue "very important."

The matter could be voted on in the February meeting of the county commission, after another Local Government Committee meeting to decide the tactic.

The commission meets 7 p.m. Monday in the second-floor courtroom of the Dyer County Courthouse.



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