Tethering Ban Gets Approval; Begins Nov. 1
www.BigSpringHerald.com
By THOMAS JENKINS Staff Writer
JULY 28, 2004, BIG SPRING, TEXAS -- The Big Spring City Council voted 6-0 in favor of a ban on the chaining and tethering of dogs within the city limits Tuesday evening, putting its final approval on an ordinance that has drawn a great deal of fire from the community.
Councilwoman Stephanie Horton wasn't present during the meeting as the remaining council members adopted the new law.
Although approval is complete, the new law won't go into effect until Nov. 1 because of a 90-day grace period the council built in.
"One of the things the council wanted with this ordinance was an effective date 90 days from now," said Big Spring Police Chief Lonnie Smith. "That will put this ordinance in effect on Nov. 1. Between now and then we'll be getting with the media and trying to make the public aware of what the ordinance is and what the restrictions are. That way they'll have between now and Nov. 1 to come into compliance.
"If they want to maintain their dogs, they will have between now and then to get things ready. If they don't want to comply, then they will have between now and Nov. 1 to find a new home or owners for the dog."
While the ordinance is still approximately three months from being enforced, Smith said the police department and Animal Control are already doing the "footwork" in preparation for the deadline.
"We already have a pretty good idea where the more problematic and troublesome canines that are being chained are at," said Smith. "We'll be checking those areas and taking a strict enforcement on those. We'll also be receiving complaints that are called in. Neighbors are going to see it and with the education process, people are going to be aware of it. We'll be answering those calls and taking the same action."
Smith said once the ordinance goes into effect it will be strictly enforced.
"If they're not in compliance come Nov. 1, then they will be cited for violation of the city ordinance," Smith said sternly. "The dog won't be taken from the residence at that time, but every day after the citation that they are in violation of the ordinance will be a separate offense. Animal control will do follow up to make sure."
Municipal Judge Tim Green said they are still working out the finer points of the fine that will be enforced with the ordinance, but law-breakers can expect to pay up to $500 for each citation.
The danger of chained and tethered dogs was first brought before the council by Councilman Woody Jumper, who said he feels good about the ban and what it will do for the community.
"I feel good about it," said Jumper. "What we've done we've done for the citizens of this town because of safety first, and it's a humane thing to do for the animals. It's just part of a progressive road that Big Spring is going to be going down. This council cares about the people of this town and this is going to be a very progressive council doing some very positive things."
Animal Control Committee Chairperson Melanie Gambrell was also present for the meeting and said she couldn't be happier about the passage of the ordinance and what it will mean for man's best friend.
"I'm tickled to death," said Gambrell. "I have to give kudos to the council and kudos for Chief Smith, who brought it before our Animal Control Committee. It takes guts to do what they did and it's a very positive move for our community. My passion is animals and I really think it's wonderful."
The ordinance reads:
"No person shall, at any time, fasten, chain or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the owner's property or on the property of the dog owners landlord. (Exception - A dog may be tethered to allow for the cleaning of the dog's enclosure or while the owner is outside with the dog and is in visual contact of the animal at all times to prevent injury to the dog.)
"Any dogs confined within a fenced yard must have adequate space for exercise based on a dimension of at least 100 square feet. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the 100 square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide the dog with shade and protection from the elements.
"Shelter to allow the animal to remain dry and protected from the elements. Such shelter shall be fully enclosed on three sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the animal's entry and exit, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair."
Smith said he's been in touch with the city's code enforcement office, which reported more than a half-dozen city residents have already applied for permits to build fences and kennels for their pets, a detail Jumper said he finds very encouraging.
"I think it's a great sign," said Jumper. "People say they can't afford it. Well, I can't either, but I'm going to have to if I have a dog. We're going to give people three months to get ready, so if you can put a little bit aside each month I think it can be done."
Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at citydesk@bigspringherald.com
