Charleston City Council's public safety committee tonight is scheduled to review a lengthy new ordinance put together by a lawyer for the Kanawha Charleston Humane Association. It addresses everything from defining cruelty to levying fines for owners who do not clean up after their dogs.
Harry Deitzler, vice chairman of the committee, has a couple concerns about the ordinance. He worries that the enforcers of the ordinance won't be proactive enough and will just respond to complaints.
Deitzler said he hopes things like the "pooper scooper" provision don't jeopardize passage of other, more important provisions like restrictions on dog chaining, which is also addressed in the ordinance.
"Sometimes good intentions go a little too far and result in nothing being done, when we should at least do something," Deitzler said.
The ordinance says it is illegal to beat an animal with a "stick, board, chain, club or other object." It's also unlawful to burn, mutilate or scale an animal or pit animals against each other to fight. The only time a person can use reasonable force on an animal is if it's vicious or trespassing.
The ordinance also contains specific wording that animals cannot be left alone longer than 12 hours without adequate food and shelter. Doghouses are to be at least four inches off the ground to keep the floor dry.
A dangerous dog is defined as one known to attack other animals or people. Dogs that attack people or animals that are trespassing on their owner's property are exempt; so are ones that attack because someone is teasing it or harming the owner.
Dangerous dogs are to be corralled in an area bordered by a fence at least 6 feet high. The fence has to be locked. If the dog has to go to the veterinarian, it must wear a muzzle.
The owner of a dog found to be dangerous by a municipal judge must register the pet with the city on an annual basis and have a microchip inserted into the dog by a licensed veterinarian. The annual registration fee is $50. The microchip would contain details about the dog's danger registration.
Its owners have to notify the city clerk within seven days of changing addresses in the city.
If a dog that's been deemed dangerous and attacks an animal or person or is found running loose, fines and the possible impoundment and destruction of the dog are likely.
The ordinance addresses how long dogs may be kept in cars -- no longer than five minutes if it is less than 30 degrees outside or more than 80 degrees outside. It prohibits transporting an animal in the open bed of a pick up truck unless the animal is caged or tied to a leash so it can't jump out.
The ordinance allows for up to a $500 fine after multiple violations of a dog barking and bothering neighbors.
And there won't be any more goldfish awarded at carnivals. No animal can be used as a prize at a place of amusement.
If a motorist hits any domestic animal, it's unlawful not to stop and seek out the owner. If the owner can't be found, motorists must call the humane association of the police and make a report.
Dogs cannot be chained outside for more than one hour at a time if it's 90 degrees or above or if it is below freezing. They may be chained for two hours at a time for any other weather conditions.
City officials called for the ordinance after several instances of animal abuse were brought to their attention during a recent public safety meeting. A television news reporter showed committee members footage of dogs that were chained up for prolonged periods by their owners.
Meanwhile, a city police officer complained that humane officers did not have proper authority to act upon complaints or sightings of mistreated animals.
The proposed ordinance says officers can seize from public or private property any animal they feel shows clear evidence of being mistreated. An officer can order the animal destroyed if it's the humane thing to do. If the animal is destroyed, the owner can't sue.
In cases where the animal is seized, owners are responsible for all expenses incurred by the government pending the outcome of criminal charges.
If a person is found guilty of violating the ordinance, along with paying a fine of between $100 and $1,000, they don't get their animal back. And they can't own another animal in the city for five years afterward. A municipal judge cannot suspend the minimum fine.
Owners can be fined up to $25 for not cleaning up after their dogs while on walks, according to the ordinance. The same fine applies if your pet is found to be unvaccinated for rabies.
Fines on an increasing scale from $30 to $100 will be assessed to owners if their dogs are found to be running loose. Habitual offenders of this part of the ordinance could be fined up to $500. If the dog bites someone, there are additional fines for that.
The public is welcome to attend the committee meeting, which begins at 5:30 p.m. today in the Mayor's Conference Room on the second floor of City Hall.
Contact writer Justin D. Anderson at 348-4843
Source: http://www.dailymail.com/story/News/+/2006082912/City+may+broaden+animal+cruelty+law/
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