[ SHOWGSD-L ] Watauga County NC BSL Language in ordinance proposal

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Thu, 9 Nov 2006 13:03:29 -0500

Ginger Cleary, Rome, GA
Never underestimate the ability of the hypocritical to hoodwink the 
sanctimonious. www.rihadin.com
  -----Original Message-----


  From the Watauga Democrat. 
  Visit www.ncraoa.com/alerts.html for county contact information.

  Susan Wolf
  NCRAOA

  http://www.wataugademocrat.com/2006/1106web/animalordinancehearing.php3

  Animal ordinance hearing scheduled

  By Scott Nicholson

  nicholson@xxxxxxxxxxxxxxxxxxx

  Local pet owners will get a chance to guide the drafting of a revised animal 
control ordinance.

  The Watauga County board of commissioners scheduled a public hearing for Nov. 
21, seeking input as the next stage in a process that has been underway for 
about a year. The latest draft of the ordinance revision is posted on the 
countyâ??s Web site at www.wataugacounty.org.

  The proposed ordinance would shift the regulation of nuisance animal 
complaints from the Sheriffâ??s Office to the Department of Animal Control. 
Such a nuisance animal would be defined as â??Any animal that damages private 
or public property; interferes with or attacks a person or other animal; 
chases, snaps at, or harasses pedestrians, livestock, bicyclists or vehicles or 
by virtue of number is offensive or dangerous to public health, safety and/or 
welfare, or is diseased.â??

  As proposed in a work session on the ordinance, the draft contains an option 
that allows pet owners to place an identifying microchip in the pet instead of 
having a collar and identification. The goal of the section is to allow animal 
control staff to locate the owner if a pet is lost or injured. 

  The draft also contains a provision that would allow the animal control staff 
to impound any animal that doesnâ??t have proper identification. Anyone 
bringing a dog or cat into the county will be required to provide certification 
proving the animal has received a rabies vaccination.

  The ordinance also would toughen standards for animal cruelty, including 
trapping an animal in a car when temperatures can be dangerous. Abandonment of 
a pet would carry a misdemeanor charge and up to a $500 fine. Cruelty charges 
could result in civil or criminal charges, or both.

  The section on â??Animal Managementâ?? would allow the county to take 
protective measures if a pet is deemed a threat. Factors include the presence 
of a potentially vulnerable victim, prior attack-dog or aggression training, 
prior history of harm to humans, and an additional clause citing breeds of 
â??known vicious tendenciesâ?? such as pit bulls, Rottweilers, Doberman 
pinschers, bulldogs and bull terriers.

  The breed-specific legislation could be controversial and has already rallied 
opposition from animal rights advocates across the country. The commissioners 
have received at least 10 emails on the issue, all from outside the state.

  Three people emailed to defend breeds such as Dobermans and pit bulls, saying 
they owned those breeds and they were friendly toward children. Some called for 
stricter enforcement of other ordinance provisions first, such as leash laws.

  Several members of Responsible Dog Owners of the Western States sent notes 
opposing breed-specific legislation on both legal and moral grounds, saying the 
pet owners are responsible for protecting the public. Members of the 
organization sent position papers and legal interpretations which they say are 
evidence that such ordinances are illegal.

  Such legislation creates a false sense of security, punishes law-abiding dog 
owners, and fails to properly identify such dogs because there are up to 75 
species that can be called â??pit bulls.â?? The group also claims animals could 
be condemned simply because of their appearance. The group also claims such 
legislation has been judged unconstitutional in a number of courts â??on 
grounds ranging from vagueness, to an infringement of property rights, to equal 
treatment, equal protection.â?? The group says breed-specific legislation 
violates the Bill of Rights and â??creates a new class of criminal, the dog 
owner.â??

  The organization also opposes a mandatory spay and neuter requirement, though 
such language isnâ??t in the current draft. However, the commissioners plan to 
address the issue separately, probably after the end of the year. Some animal 
advocates, including members of the Watauga Humane Society, have said such an 
ordinance would reduce the number of unwanted pets and make regulation of pets 
simpler. Responsible Dog Owners of the Western States, in emails to the county, 
said such a requirement usurps ownership rights and that â??the United States 
is not a communist collective in which all people and their goods are property 
of the state.â?? The group says there are health risks to the pet and that 
â??the animals internal and external genetalia (sic) belong to the owner of the 
animal.â??

  As proposed, the ordinance describes a dangerous dog as one that has killed 
or severely injured a person or is harbored primarily for dog fighting. A 
â??potentially dangerous dogâ?? is one that has inflicted a severe bite, has 
killed or injured a domestic animal when not on the ownerâ??s property or has 
approached a person in a vicious or threatening manner â??in an apparent 
attitude of attack.â?? Dogs determined to be potentially dangerous would have 
to be enclosed in approved and inspected fences. Such dogs would have to wear 
muzzles when off the ownerâ??s property and if such dogs are transferred to a 
new owner, the county must be notified. The county would have the authority to 
appoint an appeals board to hear dangerous dog claims.

  The ordinance draft describes â??nuisance dogsâ?? as those in an unsanitary 
environment, diseased, harassing or threatening to the public. Two written 
complaints are required to trigger a nuisance investigation.

  The draft would also give animal control officers the right to consider 
euthanizing any animal that cannot â??be seized by reasonable means,â?? is 
diseased or badly wounded, or has been impounded up to 72 hours and remain 
unclaimed. Owners may reclaim impounded or lost animals by showing any required 
identification, proof of rabies vaccination and the paying of any applicable 
fees or fines.

  The commissioners donâ??t expect an immediate vote on the ordinance after the 
hearing, instead asking the public to help guide the ordinance before it is 
adopted.

  . 
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