PART III
Individual Comments on the First Draft Ordinance as it is Written:
- The issue of dogs coming into Little Rock from the outside is not addressed. For example, there is a "puppy mill" that regularly runs 5-6 ads for different breeds of dogs in the Democrat Gazette. The owner of the mill does not live in Little Rock and will not be paying any breeder or litter fee, or the fee to the city to run a business.
- Definition of Pet Shop…. page 4….. if a person sold a litter of show-quality puppies and a litter of purebred, Siamese kittens out of their home as pets (each being the only litter sold during that year), they would be classified as a "Pet Shop", according to that definition. Perhaps something could be added about purchasing animals from a breeder or broker, with the intent of resale? That would be more accurate.
- Under the authority to issue citations, page 5, Section 5… a list of conditions that the person given this authority must complete, but not even a rudimentary knowledge of animal behavior is required.
- Page 8-10 Diseased animals: The concept of an overseeing veterinary board is somewhat off-putting to someone who knows that, like trainers, no two vets agree on protocols. One vet might say you were neglecting your animal because you preferred antibiotics to steroids, another might say just the opposite. This section also does not allow for a person to choose to treat a disease like kennel cough, for example, at home. Kennel cough is like a cold, in that it is contagious, but it is not life threatening, and can be treated quite well at home, without veterinary assistance. I think what we’re trying to get at here is a means to allow animal control to remove for treatment, animals which are ill and are not under the owner’s direct care. There is a very fine line here because many people are quite knowledgeable in alternative therapies and their right to treat their animals with the same should not be infringed upon.
- Section 11 -- page 11 -- Vicious dogs - discussed in depth in Part I. I will add that it would be in everyone’s best interest to get input from a professional behaviorist as to whether a dog constitutes a danger, and whether he had provocation. How many bites does a dog get? The reason you’re having such a hard time answering this is because the answer is "none." You can’t legislate behavior. You can only teach and modify behavior and that is done by education, before the fact, and not after. If one of my dogs bit someone without provocation I would have the dog examined head to toe, inside out, complete bloodwork to find out if there was any obvious physical or biochemical cause for the attack. This would include a complete thyroid panel because Dr. Jean Dodds of California has linked cases of aggression to low thyroid readings. If there was no obvious physical problem, I would keep the dog for observation, trying to set up a similar situation (with the dog muzzled, of course) to see if I could discover the trigger. The dog would not go out in public without a leash and muzzle. If there was a second attempt to bite I would have the dog humanely euthanized. The good news is that with the proper socialization and training dogs generally are not aggressive.
If, however, you have a dog that has been deliberately trained to attack, such as the much cited ‘drug dealer’s dogs,’ then you must punish the owner. Yes, the dog will always pay the price, regardless of whether or not such action is just, and be euthanized, but the owner must be held accountable. According to Randall Lockwood, vice president for research at the Humane Society of the United States, there are two fatal dog bites nationally per month. He knows of one case in the United States where a person was found guilty of murder by dog attack. In Cleveland, in 1993, according to the article in the 7/20/00 Daily News, a 35-year old man was convicted of murdering his common-law wife, who had more than 70 bite wounds on her body. Lockwood says the man ordered his dog to kill her. This is the direction that would best serve the public. Punish the deed, not the breed, and put blame where it belongs: on the humans that formed the dog’s behavior.
On page 20, section (3) (b) -- removing a vicious dog from the city limits does not make him a dog that is safe to be around. Suggest changing this to something like sending the dog as a permanent resident to a no-kill shelter….
- Page 25 Section (3) - Nonhuman primates. This section denies the handicapped the right to have as a service animal a monkey trained to assist them.
- Page 29 - Kennels -- What if there was someone who occasionally took a dog into his home to board and train for a fee. The animal spent most of its time inside but for good health was sometimes put into a run outside for a short time several times a day. Must that single run be made of impervious material and must it be connected to the sewer? What’s wrong with grass, bleach water, and a pooper scooper? And how does one account for dogs who essentially live in the house with their owners throughout this ordinance? If those dogs are let out just to exercise and potty in a fenced yard, shaded by trees, with the owner right there to let them in for drinks and if the weather changes, would you still have to have a dog-specific shelter and all the etcs.?
- Page 29 Kennels (8) the word "wholesome and palatable" -- do you mean "meets AAFCO minimum standards"? I’m sure we’re not intending to get into a discussion of the merits of various dog foods. We just want to insure that the dog isn’t being starved to death or fed rotten food.
- Section 23 -- speaks of livestock fowl, line 6, is slightly confusing. Does this section apply only to them or to all animals housed in pens, sheds, etc.? The section seems somewhat out of place to me. (kind of like an obvious seam from the previous code.)
- Line 6 page 34 -- "scratched?" If a dog’s nail or cat’s nail accidentally scratches someone it is going to be impounded?
- Page 35 section (b) -- I find it interesting that there is no differentiate in size of the dogs. For example, 4 Great Danes compared to 4 Miniature Pinchers….. also in numbers of litters bred. One Dane could have 16 puppies. One MinPin, 2 if you’re lucky. Why shouldn’t that MinPin be bred twice in one year, if she’s healthy?
- Page 37, lines 21-23. This section does not allow for the theft of a dog. For example, say your license bearing dog is stolen out of his locked dog run. While searching the neighborhood for him you find his collar with his tag on it. The next day the broker who had stolen your dog discovered the dog’s tattoo and now being unable to sell him to a lab, abandons the dog, without his collar, which he had already discarded, on the road, and the shelter picks him up. According to this, the dog is now property of the city of Little Rock. Under this new ordinance, are you, the owner, liable for what costs? Will your dog, who is a show dog be returned to you intact? Will you be subject to the $100 fine shown on page 41, line 2 of this ordinance? May we have a section that makes it a requirement for all shelters in Little Rock to examine any dog coming in for permanent identification, such as a tattoo or microchip? I would also like to see a requirement for the shelter to contact and release an impounded dog to its breeder, should that information be forthcoming (sometimes people don’t honor their contracts and bring the dogs to the shelters anyway). What about offering a discounted license fee if the dog has permanent identification, such as a tattoo or microchip, which can be registered with the city (and which should be registered with one of the national organizations, such as the National Dog Registry).
- Page 38, lines 1-4, exemptions for service animals. Only seeing eye and guide dogs are mentioned, although you do mention aiding the blind or disabled. Perhaps "assistance" dog can be added to seeing eye and guide dog. Where do certified pet therapy dogs fit in?
- page 38 - Dog Breeder license -- should supercede regular annual licensing per animal. Most other states allow kennel licensing of the dogs up to an arbitrary number, such as 10, (which wouldn’t apply if you are only allowed 4 animals). Line 22 -- what is a "privilege license"? Definition may be in the appropriate section and I missed it.
- Page 39 -- lines 5-7 -- Is there an option to obtain your license from other than a veterinarian, so that you can avoid the $3 surcharge?
- Page 39 SECTION 31 Confinement of Dogs. First, the dogs’ needs are consistent. They need the same amount of room to exercise whether they are in a trainer’s home, a boarding kennel, or in their owner’s home. If dimensions for exercise areas and runs are going to be specified, they need to be consistent. Omit the reference to choke chains entirely -- not only because of what has been said about chaining a dog out but because slip chains are an effective training tool and have been used for decades. ANY training device, including buckle collars and harnesses have the potential to harm if used improperly. Even the head halters have the potential to cause whiplash if the dog is snapped back. Dogs walk out of harnesses and get tangled in them. Further, as written, it would still be okay to use a nylon, leather, or fabric slip chain on which to tie your dog. Again, this is an EDUCATIONAL matter. As far as defining a "training session" -- dogs are "trained" each time they interact with a human and obedience is not something that happens only at specific times. Obedience and acceptable house manners are a 24/7 thing. I strongly urge you to remove this reference and focus on the major issues.
- To avoid confusion between the words "kennel", "carrier" and "dog box", perhaps you could substitute the more commonly used word of "crate", which comes in both a wire form and in a fiberglass or plastic (more enclosed) form.
- Page 41 - Section 32 (c) -Confinement during transportation. Clarification please. Are you saying that my very well trained dogs cannot sit loose in the back seat of my station wagon, or in the back of my van, if I have only the driver’s and passenger’s window open? This regulation is quite confusing to me.
- Page 44 --" (d) It shall be unlawful for an owner of an impounded dog to fail or refuse to claim and repossess the dog." Perhaps you are trying to say, "If the owner of an impounded dog fails or refuses to claim the dog….." The first way seems to be forcing the owner to take back an unwanted animal, which would obviously not be in the animal’s best interest. By all means, fine the owner, but keep the dog and rehome it where it is wanted.
- Please keep in SECTION 38 the language about not permitting animals to be adopted out for laboratory use. I agree with the shelter person who spoke at the meeting. Reunited, adopted, or euthanized humanely.
- Animal Services Advisory Board. I would add at least one person who did NOT live in the city limits for objectivity, and I would add at least one person trained and experienced in animal behavior.
May I be so bold as to suggest that, given the number of questions the draft raises, that we consider that what may be wrong is not the language but the concept beneath the language?
Again, thank you for the opportunity to express myself. If there is any way I can be of assistance to you, please do not hesitate to call on me. I am not a politician. I’m not a public speaker. I’m just an animal lover who is very, very concerned about protecting the welfare of our beloved companion animals.
Sincerely,
Leslye Morrow
"Human care (of animals) is simply sentimental, sympathetic patronage." -- Dr. Michael Fox, H.S.U.S. , 1998 Newsweek interview.
GO TO LETTER #4