Board: County pet regulations just not feasible

Published 6:00 am Thursday, January 20, 2005

A citizen was told by the Lincoln County Board of SupervisorsTuesday that a countywide pet ordinance is not feasible.

Charles Snipes asked for an update from the board on a requesthe made in November for an ordinance aimed at controlling dogs inthe county.

In November, Snipes complained to the board that a neighborsdogs were taking over his yard – chewing his personal property onthe house porch and barking continuously at night. He asked theboard to consider passing an animal control ordinance that wouldrequire owners to confine their dogs to their yards. The ordinancewould also allow the sheriff’s department to enforce control, whichthey cannot do now.

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“If they’re barking continuously and keeping me up at night, Ishould have the recourse to take them to court over it. It can bebroad as you want it or as simple as you want it to be,” he said,adding that he would be satisfied with an ordinance that simplystated that dogs must be contained.

County Attorney Bob Allen presented the board with examples ofpet ordinance passed in other counties in December. After a lengthydiscussion, the board decided not to pass a similar ordinance.

“I think we talked about it and decided we didn’t want to pursueit,” said District Four Supervisor Doug Moak.

Allen said county ordinances affect more than one situation and,regardless of how much one situation may be worthy of attention,the board has to look at how such an ordinance would affect all ofits residents.

Supervisors said it was not realistic to expect countyhomeowners to erect fences around their yards to keep in dogs whenthey do not live in city-type neighborhoods and their nearestneighbor may be a mile or more away.

Allen informed Snipes that even without an animal controlordinance in effect, people still have recourse through the courtsto deal with animal problems.

“You do have, potentially, a private cause for action,” Allensaid, adding that he was not providing legal advice but onlyinforming Snipes of his options.

Snipes said that although he was confronted with a particularsituation, he felt an ordinance was necessary to deal with dogsrunning free and other animal control issues.

“To me, this is a universal problem in the county. I might bethe only one, at this point, who has brought it to the board’sattention, but I’m not the only one with problems,” he said.”Thankfully, though, a majority of people in Lincoln County whohave pets are responsible.”

As Snipes collected his paperwork to leave, District OneSupervisor the Rev. Jerry Wilson asked, “What kind of gun do youhave?”

Allen immediately shot down that suggestion. While admitting itwas not an uncommon solution to problems concerning a neighbor’spets, he cautioned that pets must be threatening or attackingpeople or livestock before they could be legally shot. And, eventhen, the shooter can be potentially targeted for a civillawsuit.