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BISBEE — If the rewritten county animal control ordinance gets approved by the Cochise County Board of Supervisors, cats roaming around in other people’s yards or on public property can be rounded up and taken to a shelter just like their canine counterparts.
Anne Carl, civil attorney for the county, compiled the new document that clearly defines Title 6 of the county ordinances. She presented it to Supervisor Richard Searle and County Administrator Mike Ortega in a work session Monday morning. Supervisors Paul Newman and Pat Call did not attend.
The ordinance is aimed at protecting the county residents and animals from the spread of rabies as the number of cases continues to rise in the state. The new ordinance that includes cats would be a first for the counties in Arizona, added Carl.
The new Section 6, which deals with cats, will provide an equality in the pet world, she said.
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Chief Deputy Rod Rothrock, who helped with the ordinance, explained, “If a dog relieves himself in a neighbor’s yard, a resident can call and we’ll respond. If a cat goes into a neighbor’s yard and disturbs something or eats the neighbor’s birds, right now there is no course of action.”
Section 6.3 specifies that the county animal control officer “shall only pick up a cat when the officer suspects that a cat-at-large is in or is causing danger or distress; when a cat is feral; or if a county resident makes a specific complaint ...”
Cat owners also may be required to get a county license for their felines, as well, though just what that fee would be was not discussed.
“We are proposing that cats get licenses, too,” reasoned Carl. “The licenses enable us to find the owners.”
It could be the same fee as a dog license that is set to go up to $5 a year (for a neutered animal) or $12 for three years. The licenses, which provide the county with $9,700 in funds at the current $3 per license per un-neutered animal, could be obtained at the same time as rabies shots.
The idea behind the three-year license is to make it more convenient for residents. As animals are taken in for rabies shots once every three years, the license can be purchased at the same time for the same period, pointed out Chief Deputy Rod Rothrock.
The county animal control officer will provide harmless traps that are set up in the complaining resident’s yard to catch the wayward cat or dog that has become a nuisance upon payment of a refundable deposit of $25. The resident has to trap the critter in the shade of the resident’s property and place food and water in the trap. When the animal has been trapped, the resident must immediately call the county to come and pick it up. Since animal control is not on duty over weekends, people who have the traps cannot set them during that time.
Any dog or cat that is determined to be neglected whether at-large or in a yard or pen, also can be taken to an animal shelter or, if it is obviously too ill or too ill-tempered, can be put down by a decision of the animal control officer with agreement from one of the county’s contracted veterinarians or their technicians, said Carl.
Law enforcement would be able to enter a yard to untangle a dog from its chain, added Rothrock, who indicated calls are made to the sheriff’s office about animal welfare.
Searle was concerned about the liability the county would have as decisions of the animals’ health and well-being would be assessed by county employees, especially in the case of euthanizing someone’s pet that was picked up.
Animal control officer Lori Nichols-Wright told him that if an animal is picked up and has parvo, it will be euthanized since such diseased animals cannot be taken into a shelter where the disease could spread. She indicated the veterinarian contracted with the county to perform the euthanasia would be making the decision.
But Ortega noted that such decisions are made by staff on a daily basis and the county could rely on their judgement.
A new definition for just who an owner is also was added by Carl. Under the new ordinance an anyone and everyone at a specific address who feeds a dog or a cat for six days and is of legal age and capacity will be regarded as the owner(s) who is then required to get the animal rabies shots and a license.
Shelter and kennel conditions are specified and require pet owners to provide convenient access to natural or artificial shelter that is structurally sound and of sufficient size. “Any shelter which does not protect the animal from temperature extremes or precipitation, or does not provide adequate ventilation or drainage is in violation ...”
“I’m concerned we’re making it too restrictive and over-zealous,” Searle said. “There are lots of people who don’t let their dogs inside and the dogs are acclimated to the outdoors.”
There was some discussion on the definition of a kennel, which the ordinance states as “an enclosed, control area inaccessible to other animals in which a person keeps, harbors or maintains five or more dogs under controlled conditions.”
Under these circumstances, a person with six or more dogs would have to go to the planning and zoning commission to get a special use permit for a kennel, whether or not animal husbandry is involved. That has been a sticking point with many in the rural areas who have spoken out against the kennel code at planning and zoning meetings.
It’s not the number of dogs you have, it’s the conditions in which they are kept. It shouldn’t matter how many you have,” said Searle. “And if you have a bunch of dogs and live on the back-40, there are no problems.”
Searle wants the ordinance to deal with animal cruelty and neglect issues that involve law enforcement. Other aspects, especially as to what number of animals it takes to deserve a kennel designation, belong in the planning and zoning commission purview.
“Just because someone has a lot of critters doesn’t mean they are going to be mistreated. A person can have a special-use permit and be abusive to animals. We should concentrate on cruelty issues,” Searle said.
The ordinance will not come back to the supervisors in a work session setting. Instead, Ortega said it could be brought before the supervisors in a regular meeting. All ordinances and amendments to ordinances are required to include a public hearing. No date was given as to when the animal ordinance would be brought to the board.
Herald/Review reporter Shar Porier can be reached at 515-4692 or by e-mail at shar.porier@bisbeereview.net.
SVH EDITOR wrote on Sep 10, 2008 8:54 AM: