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Staff writer

The Marion City Commission on Monday passed the long-awaited — or dreaded — dog ordinance.

The ordinance, with some restrictions placed on owners of certain breeds deemed to be more dangerous, and their pets, drew both praise and criticism.

Criticism was mostly because of a provision in the ordinance about muzzling of vicious dogs.

The ordinance is being published in its entirety in this edition of the Marion County Record, as a public notice.

The ordinance prohibits keeping or owning, in the city, of Staffordshire bull terriers, American pit bull terriers, Rottweilers, or "any dog which has the appearance and characteristics of being predominantly of Staffordshire bull terrier, American pit bull terrier, or a combination of these breeds. . . . Any dog which has the appearance and characteristics of being predominantly Rottweiler."

Those who already have such dogs may keep them under a grandfathering provision in the ordinance, Section 7.

The ordinance also states that "there shall be a presumption that any dog registered with the city as a 'pit bull,' 'pit bull mix,' 'Rottweiler,' or 'Rottweiler mix," is in fact a dog defined in Section 3(a). . . ."

Prohibited dogs that are allowed to remain due to the grandfathering provision, as well as potentially dangerous and vicious dogs, are not allowed outside their kennels or pens, under the ordinance, unless securely leashed with a leash no longer than four feet.

Whenever on such a leash outside kennel or pen, the dog must be muzzled to prevent its biting people or other animals.

The dogs are not to be kept on a chain rope or other kind of leash outdoors unless a person is in physical control of the leash. The dogs are not allowed to be leashed to inanimate objects such as trees, posts or buildings.

There is much more, as the ordinance in full runs to 10 1/2 typewritten, double-spaced pages.

Kevin Labelle, Melanie Druse, and Peggy Robinson were among those complaining about the new law. Jack Swain praised it.

Labelle said he had been bitten three times by small dogs, never by a large one. His large dog reportedly killed a small dog owned by Swain several weeks ago.

Swain said if the big dog had been wearing a muzzle, it could not have killed his pet.

Police Chief Michel Soyez said the new law is less restrictive than those of some cities.

Labelle responded that he knew Kansas City and Wichita had strict laws about this, but not a muzzle provision, which is "just absolutely cruel," he said.

City Attorney Dan Baldwin, who crafted the new law, said, "Some dogs take to muzzles and some don't." He said the ordinance can be revised, tweaked, later on, down the line, if it is found necessary.

"Time will tell," he said.

The ordinance addresses the public safety issues, Baldwin said. Any dog, of any breed, if it does something vicious, can be punished, he pointed out.

He said he was not necessarily "happy" about it, but some discomfort/inconvenience for a few owners was necessary for the greater good of many.

Swain said the new ordinance was "Necessary if people are going to invest their time, their lives, their kids' lives, in Marion."

He said that if the ordinance is based on a Hillsboro one, "it's a good one."

Robinson said she wished people in Marion would come together more, show more interest, go to meetings more than they do.

Druse asked why Rottweilers and pit bulls were specifically targeted by the new law. "Any large dog can be dangerous," she said.

She said she has owned a pit bull dog for five years, and it's never been aggressive, hurt anyone, or caused trouble.

"They can be animal-aggressive, but aren't human-aggressive," she said. "I now have to do massive amounts of stuff just to keep my dog."

The muzzle constitutes punishment and wearing it will make her dog mean, Druse said. The dog has "never done anything to anyone."

Basketball

Margo Yates, recreation director, told commissioners plans are afoot to have a winter basketball league later this year. Teams from Marion, Herington, and maybe Peabody would participate.

This would keep people and their money here, not going to Newton to play ball in the winter months, Yates said.

Plans are to have separate boys' and girls' teams, with strict age or grade-in-school divisions for play.

It would likely be limited to eight teams in each age category, Yates said.

Commissioners approved warrants totaling $83,543.01. City Administrator David Mayfield said the amount was this much because of a payment to Westar Energy for electricity in the amount of $58,793.30.

Financial

Regarding the April financial statement of the city, Mayfield said the city, through April 30, "should have used 33.3 percent of the budget, and to date we have used 21.8 percent."

He reported that the architects and contractor were at the Marion Public Library on May 7 to do a final inspection. Three lights outside the library had fallen down. A representative of the light-fixture company accompanied the architects here. He took the lights back to his company, in Kansas City, to be inspected.

The company will determine whether the lights were improperly installed or were faulty.

Mayfield added that none of the native flowers and grass are coming up as expected around the library. The contractor was directed to hire another landscaping company and correct the problem.

Mayfield also said that SBC is to come to Marion next Wednesday to install phones for the city in the former library building.

"We will have dual phone service in the former library and the current city offices until June 23, so this will give us plenty of time to get moved over," he said.

City offices will be closed June 12 and 13 for the move, he said.

Economic Development Director Susan Cooper presented a written report to commissioners, and said the new promotional brochure for the city was completed.

She distributed copies of the brochure, intended to lure tourists and industry to Marion.

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