Changes To Animal Control Laws Go Before Holbrook City Council

By Linda Kor
   The Holbrook City Council received its copy of the revised animal control ordinances for first reading at Tuesday’s council meeting. Overall, the changes were viewed as positive, though some concerns were addressed by the council.
   “I have a concern regarding section 3-5-12. I’m just wondering why this was added,” asked Vice Mayor Matt Searles. The section he referred to governs the housing of horses and other livestock. The ordinance states the corral area for horses and livestock must be not less than 40 feet from all lot lines and 20 feet from any residence. The housing of rabbits and fowl must not be less that 20 feet from all lot lines.
   “My wife raises rabbits, and I don’t see why I can’t have their hutches next to my home or property line. If I’m obeying all the other ordinances already in place regarding smell, noise and cleanliness, why should I, being a good pet owner, be punished by putting my pens where I choose on my property?” asked Searles.
   “This is already an existing city ordinance. It’s just been relocated to be a part of the animal control ordinances,” stated Animal Control Officer Merrill Young. He added that in instances where a property line comes right up against a neighbor’s, it protects that neighbor from being subjected to smells and disturbance. “We had an individual on our committee that was having issues with her neighbor’s chickens scratching under the fence line and destroying the foliage along her property line,” related Merrill.
   “OK, what I’m hearing is that if I build a pen next to my fence, but I'm complying with all the ordinances regarding smell, cleanliness, noise, etc., I’m still violating an ordinance because of where my coop is. What Vice Mayor Searles is saying is that this isn’t necessary,” clarified Mayor Jeff Hill.
   The council asked that Sgt. Jody Harrelson of the Holbrook Police Department to present his opinion regarding the situation. “I think you're right and we could strike this. I don’t want to get to where we’re telling people where they need to place things on their property,” agreed Harrelson, who was standing in for Police Chief Mark Jackson.
   “I believe that there were people who took part on the committee (to draft changes to the ordinance) for legitimate reasons, but I also believe that others took part due to their own hidden agenda against their neighbors,” Searles stated, adding that if pets are damaging neighboring properties, there is an enforceable ordinance already in place for damage to property.
   Councilman Kent Darris noted that under horse enclosures it states that there shall be a minimum of 100 square feet of corral or barn area for each horse on subject lot. “That's a very small area for a horse, just 10 feet by 10 feet, I think a minimum should be higher,” stated Darris.
   City Clerk Cher Milage located a city ordinance stating a minimum area should be no less than 400 square feet, and Young agreed that the ordinance minimum could be brought up to the city requirements.
   “Let’s see if we can get these ordinances to match up, alright?” said Darris.
   Other changes presented in the animal control ordinance includes a change defining an “at large” animal. The previous ordinance stated that an owner having verbal or actual physical control of his or her pet was said to have control of the animal. The revision states that the owner must have physical control of said animal by means of a leash, rope, chain or other suitable restraint, not to exceed six feet in length.
   The definition of an appropriate vaccination was clarified to state that rabies vaccinations must be state certified, with the new addition stating that a licensed veterinarian must administer rabies vaccinations.
   Under section 3-5-3 regarding public nuisance, the additions include that an animal may not urinate or defecate on private property of others without immediate removal of any animal waste by the owner.
   Section 3-5-4 regarding public nuisance was removed. It stated that any animal (except cats) with the city shall be kept in a pen, corral, pasture or similar enclosure to prevent roaming at large; and that no such animal shall be kept within 50 feet of any occupied structures, which are not occupied by the owner.
   An addition to ordinance 3-5-5 regarding disturbing the peace states that any persons keeping or maintaining any animal within the city limits shall maintain that property so that any animal waste does not emit strong odors or cause a public health hazard.
   An addition to 3-6-2 states that an impounded dog will not be released until a rabies vaccination is administered and paid for by the owner.
   Ordinance 3-6-5 regarding restraint has been altered to state that an animal off of the caretaker’s or owner’s property must be restrained on leash or enclosed in a well-ventilated vehicle. An exception added to the at large definition is a dog being exercised at a recognized dog park.
   There are also some fee increases noted in the revised ordinances. The license fee for an unsterile dog went up from $5 to $7 per year. In addition to the fee of $20 for the redemption of an animal by its owner, there will also be a $5 per day maintenance fee for every day the dog is kept in the shelter. The cost for redemption of an animal on a second offense is now $50, an increase from $40; third offense is now $80, an increase from $40; and the fourth impoundment will be $160, an increase from $80. Each impoundment after the fourth will double the fees.
   Other fee changes show that if a dog is impounded as a result of a dog bite incident, the owner shall now only pay a $20 impound fee, which is down from $50, but will now also have to pay $5 per day for not less than 10 days. This actually increases the redemption cost to $70.
   Other changes in the document consisted primarily of verbiage changes. The second reading will take place in two weeks and, if approved, the changes will go into effect 30 days after that.
   “I see a lot of good changes and I think the result is what you were hoping for, Merrill. The new parts are good and necessary, and I want to commend the committee on their hard work,” said Searles.
   “We live in a city, and it’s our responsibility as a good neighbor to make sure our pets are not disturbing others. We hear complaints of dogs barking and as pet owners, there are methods available to train your dogs not to bark. Numerous products are out there. One of our councilmen has dogs and has worked hard to train them not to bark and they don’t. My dog does not bark. They can be trained,” stated Hill.
   Copies of the document presented to council may be requested at the city offices, located at 465 First Ave.