Update: Bluffton woman challenges new Beaufort County pit bull rules
A greater Bluffton woman is challenging Beaufort County's new pit bull regulations after county officials determined last week she must have her dog spayed.
Gabriela Gonzalez, whose dog Kyra was brought to the county shelter after breaking free from her leash Nov. 24, says Kyra isn't a pit bull, but an American bully, which should be recognized as a distinct breed.
But, according to a Beaufort County Animal Services notice sent to Gonzalez, "Kyra meets the definition of a pit bull," and must be spayed within 30 days.
Gonzalez appealed the decision Monday, asking the Beaufort County Magistrate Court to intervene.
"I have no problems with the animal shelter or with the county's animal services, but what they've decided is wrong," she said earlier this week.
The county's new pit bull ordinance is "completely a mess," she added.
"I'm becoming more and more frustrated with it every day."
The regulations, which require pit bulls and pit mixes in unincorporated parts of the county to be spayed or neutered, aim to reduce the number of pits housed -- and often euthanized -- in local shelters.
Gonzalez said because Kyra is a show dog, she will lose value if she is spayed or otherwise altered.
Moreover, because Kyra is an American bully, she should not be subject to regulations on pit bulls, Gonzalez said.
The ordinance was adopted in October and defines pit bulls as "any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Stafford Bull Terrier," or "any dog that exhibits physical characteristics" of pit bulls as established by prominent national breed registries.
Kyra falls into that definition, Beaufort County Animal Services director Tallulah Trice said earlier this week.
The regulations give animal services officials discretion to determine whether a dog is a pitbull, but breeds like American bullies could fall into a gray area.
The United Kennel Club recognizes bullies as a unique breed, but the American Kennel Club does not.
"It's worded horribly," Gonzalez said of the county ordinance. "(Animal services officials) can bend it to make whatever decision they want."
Charleston-based animal law attorney Mary Ann Hall reviewed the ordinance prior to its adoption and found "multiple problems with multiple sections," Hall said earlier this week.
She said she "thought the whole thing should have been scrapped."
Assistant county attorney Allison Coppage said Wednesday that Hall looked over the ordinance after a county resident reached out and Hall put it in touch with members of the Beaufort County Council.
Hall "was not hired by the county as a consultant, but staff was instructed by council to get her opinion," Coppage said.
Although Hall's concerns were noted, they did not raise legal red flags that would cause the county to scrap the ordinance, she said.
"There are always different interpretations and always a variety of (legal) opinions."
Gonzalez, who paid $300 in fines last week to get Kyra back from the shelter, she said she is "very hopeful I don't have to (hire a lawyer to help with the appeal), but who knows."
"I've been getting help from people who have dealt with similar situations," she said. "And now I'm just waiting for the court date."
The court has received her request for appeal, according to an email sent to Gonzalez earlier this week by Chief Magistrate Lawrence McElynn.
A hearing date has yet to be set, but Coppage said it will likely be next month.
In the meantime, the order that Kyra be spayed within a month has been "stayed pending the appeal," she said.
Follow reporter Lucas High on Twitter at twitter.com/IPBG_Lucas.
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July 10, 2015 As the Beaufort County Animal Shelter bulges with pit bulls and pit bull mixes, and as bites rack up, breed-specific sterilization becomes an option. | READ
This story was originally published December 1, 2015 at 8:52 AM with the headline "Update: Bluffton woman challenges new Beaufort County pit bull rules."