Texarkana, Ark., on Monday restricted chaining dogs, a move praised as progress by the city's chief animal control officer.
During its regular meeting, the city Board of Directors voted 6-1 to adopt an ordinance changing how dogs may be tethered within the city limits. When the new law takes effect in 30 days, owners of dogs may not chain them to stationary objects but may restrain them using a "trolley" or pulley system that allows more freedom of movement.
"I'm happy. I think it's a step forward in progress for Texarkana," said Charles Lokey, director of the Texarkana Animal Care and Adoption Center, noting that the Texas side has a similar ordinance in place.
Ward 2 Director Laney Harris cast the only dissenting vote. Harris has been critical of the ordinance because it allows animal control officers, after a warning and a 10-day waiting period, to seize a chained dog without a court warrant.
Animal control officers have the legal authority to hold an animal to protect its welfare, and any case warranting seizure of a dog would result from animal neglect or cruelty serious enough that the dog's owner would subsequently appear in court, Lokey has said.
Before the vote, resident Vivien Hibbert tearfully told the board about her next door neighbor's dog, Mike, who she said has been chained in one place for at least three years.
"I'm not here to get the neighbor in trouble. I just want to speak for Mike. He is a short-haired dog who spends his entire life outside. There's no grass now under his feet. The neighbor allows me to befriend the dog, and he is afraid of human touch. It took me several months to be able to touch him. He is never off the chain for a walk or any other reason," she said.
Hibbert addressed Harris directly, appealing to him to change his mind and vote for the ordinance.
"You said to the Gazette that you did not want to give the power to the animal protection officers. But if you do not give the power to the animal protection officers, then you give the power to irresponsible dog owners. I like my neighbor, but he is an irresponsible dog owner," she said.
Harris responded by quoting Article 2, Section 15 of the Arkansas Constitution, which prohibits unreasonable searches and seizures.
"I'll end by saying if you start by taking the rights away from somebody, you're eventually going to take the rights away of everybody," he said.
Saving dogs from neglect is the primary goal, but doing so will have further benefits, Lokey said after the meeting.
"The welfare of the animal is the main factor, but it's a domino effect. If I don't have mean animals, then I don't have to go out and work as many bite calls, we don't have as many kids and people having to go to the hospital," he said.
Finance Director TyRhonda Henderson briefed the board on a proposal to add or increase fees for various animal shelter and Fire Department services.
A provision charging different cities different fees for holding their stray animals in the shelter was abandoned on the advice of City Attorney George Matteson, Henderson said. Posited in a Feb. 23 workshop meeting, the idea had been to charge nearby cities in proportion to their populations.
Equal protection concerns mean the city must treat all fee-payers the same, Matteson said. "More specifically, the fee is designed to recoup the expense and basically to reimburse providing a special service. So the service for housing an animal from City A will be the same as housing an animal from City B," he said.
Directors will hear two more readings of the proposed ordinance and then vote on it in subsequent meetings. The board's next meeting is scheduled for Monday, April 3.
ONLINE: Dogs on Chains Ordinance: bit.ly/2nY6YpQ
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