LAWR4ENCE COUNTY - FEBRUARY 28, 2023 - Representatives from the White River Humane Society again appeared before the Lawrence County Commissioners asking for a change in the hold policy by county officials.
The Lawrence County Commissioners tabled the request referring it back to the committee.
Debbie Stailey and Robin Compton asking them to change the ordinance on the number of days the shelter must hold an animal such as a stray dog or cat.
By current ordinance the shelter must hold them for a period of seven days.
Stailey asked the ordinance to be changed to five days for dogs and two days for cats to prevent overcrowding and prevent sickness at the shelter. The request is not for the police holds.
In addition, the White River Humane Society requested to put down sick and aggressive animals.
" We would like the authority that after an animal is fully evaluated to put down aggressive and sick animals to prevent the sickness from spreading to healthy animals and the aggressive ones for the safety of the staff, public and other animals," said Debbie Stailey.
According to Stailey the process holding the animals this long causes the shelter to fill up, causing the animals to get stressed, and in a worst case scenario having to put the animal down.
The commissioners stated they cannot change the policy without presenting the request for review. " We want to make sure that animal owners have due process," said Lawrence County President Dustin Gabhart.
Back in October Nina Peterson, and Debby Stailey, White River Humane Society asked the Lawrence County Commissioners for more funding and changes to the animal holding policy.
The White River Humane Society was told they was too late to put in additional funding request as the 2023 Budget has already been passed. The group was told they needed to put in the request as soon as the budgeting process begins.
In addition, the group asked that the holds on dogs be reduced from a 7 day stay to a 5 day stay and cats be placed on a 2 day stay for cats.
The costs for the animal shelter continue to increase.
According to County Attorney Dave Smith this policy was agreed upon by the White River Humane Society and Lawrence County Sheriff's Department previously and cannot be changed at this time.
In addition, Lawrence County Superior Court II Judge Bob Cline would be the one the group would need to reach out on this matter.
The county animal control ordinance was passed in July 2019 with updates to the ordinance.
The new county ordinance addressed feral cats and redefined what vicious dog was.
During that time the late, Buddy Hendricks wanted an ordinance to address dogs seized by animal control.
At the time there was no updates to the animal control ordinance since 1997, said that if the dogs were released to the owner the White River Humane Society would not receive any compensation for holding for and caring for the animal. The animals would also have to be kept at the shelter pending the outcome of the criminal case.
The new ordinance includes the following policy:
No dog may be declared vicious or dangerous if a threat, injury or damage was sustained by a person who at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or provoking, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. The definition shall not be construed to include dogs who are part of a government organization or a trained dog in performance of its duty.
Unrestrained dogs and nuisance animals shall be taken by a police officer, or animal control officer to the White River Humane Society.
If a license tag or other means of identification is found on the impounded animal, the animal control officer will notify the owner by telephone or by mail.
Any owner reclaiming the animal shall pay the sheltering agency a reasonable fee, for the care and keeping of the animal.
Any animal not reclaimed by its owner in seven working days shall become the property of the animal shelter and its disposition shall be at the discretion of the shelter.
In addition, to impoundment of the animal found at large, the animal control officer or police officer may issue to the known owner of the animal a notice of ordinance violation.
The owner of the impounded animal may also be proceeded against for violation of this ordinance.
Temporary impoundment of livestock by order of the court having jurisdiction shall be subject to the Lawrence County Impoundmet bond schedule and procedure.
Temporary impoundment of vicious animals by animal control or the Sheriff's Department with probable cause shall be subject to the Lawrence County Impoundment Bond Schedule and procedure and be reviewed by the Lawrence County Animal Control Commission.
The Animal Control Commission will consist of the animal control officer, sheriff, commissioner, prosecutor, and county attorney.
In case of a vicious animal the Commission will hold a hearing and determine the status of a vicious animal. The Animal Control Commission may consider all relevant evidence including reports, witnesses and whether the incident indicates if the animal is potentially dangerous in an ordinary situation where the average person could not reasonably be expected to forsee and take measures to prevent injuries.
The Commission in rendering a decision has the authority to attach any and all reasonable conditions on the owners regarding the types of enclosures to be used, the types of restraint systems to be used and other orders to ensure the safety of both the public and other animals.
For an unaltered animal, the find for a first-time violation will be $45 for each subsequent offense up to a maximum of $270.
For an altered animal, the fine for a first-time violation will be $15. The amount of the penalty will increase $15 for each subsequent offense.
The ordinance allows the county to contact with a local shelter like the White River Humane Society to house stray animals, those that have been seized or to quarantine vicious animals.
If your animal is seized and impounded by the Sheriff's Department for abandonment, neglect, failure to restrain, failure to provide care repeatedly running at large, or being a public nuisance, the owner of that animal has to post a bond in the amount of sufficient to provide for the animal's care and keeping for at least an additional 30 day with the court no later than 10 days after the animal was impounded.
If a bond expires and is not renewed the animal shelter may determine the dispostion of the animal, subject to a court order. If the owner of the animal is convicted of an offense under the ordinance, the owner shall reimburse the animal shelter for the expenses of the animal's care and keeping.
Bond Schedule
Horses, cattle, and other livestock is $300 per animal per 30 period
Dogs are $300 per animal per 30-day period
Cats are $150 per animal per 30-day period
Other animals not listed is $100 per animal per 30-day period
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