A Waco man is suing the city, claiming its dangerous-animal ordinance does not protect residents from attacks, including one he suffered in April.
Michael Parker filed a suit against the city and Mayor Kyle Deaver, alleging the city’s ordinances are unenforceable and do not protect residents from dog attacks or repeat dog attacks. The lawsuit states the city ordinance is too lenient, conflicts with state law and allows owners of dangerous animals to only comply with certain requirements.
The city attorney’s office declined to comment on the lawsuit, saying it had not served by Wednesday afternoon.
In an email to the Tribune-Herald, Parker said he was the victim of an “unprovoked pit bull attack/dog bite” on April 9. Parker wrote that his neighbor was bitten by the same dog in February 2016.
The alleged dog attacks are not mentioned in the lawsuit.
Parker said he believes the city ordinance “is a violation of state law and has been adopted in violation of the city’s rule-making authority.”
He said city and state laws are similar, but the city ordinance is more lenient, allowing a dangerous dog to “bite an apple as the animal desires,” the lawsuit states.
Parker is seeking an injunction to prevent the city from enforcing its dangerous-animal ordinance and is asking a judge to declare the ordinance moot. He also is seeking an order to force the city to comply with the state law instead of its own ordinance.