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Animal Control Ordinance
Passes First Reading



BY JAY KING
HOMETOWN NEWS

The Lyman Town Council unanimously passed the first reading of a tougher animal control ordinance during a called meeting March 13.

The move came in response to a violent dog attack on Lawrence Street in which a pit bull killed a smaller dog that had wandered onto its property. Several residents who witnessed the attack, and had also previously complained about the dog’s propensity for violence, petitioned the council earlier this month to toughen the town’s animal control ordinance.

According to Police Chief Scott Suttles, the principal changes to the law are aimed at ensuring public safety while trying to respect private property rights. Mayor Bob Fogel said that the changes take into account the close proximity of many of the town’s homes and the potential risk to public safety dangerous dogs may pose even if restrained on their own property.

Section 7-14 of the new ordinance defines what will constitute a dangerous dog. In part the section declares a dog shall be deemed dangerous if it attacks a person or domesticated animal when unprovoked, is tormented, badgered, baited or trained to engage in unprovoked attacks, or poses a serious threat of harm to people or domestic animals while at large.

One of the principal new additions under this section also defines a dangerous dog as one that poses a serious threat of harm or endangers the safety of people or domestic animals while at large or not at large. This provides for a determination that a dog poses a threat to public safety even if restrained on its owner’s property.

Suttles said that this provision addresses concerns about animals like the dog that was involved in the fatal attack on Lawrence Street. He said that after the new ordinance is passed, his department would then be empowered to collect evidence aimed at convincing a municipal judge that an animal is dangerous. The new changes also address what an animal owner must do if it is determined that they are in possession of a dangerous dog. The new ordinance simply states that the animal may not be kept within the town limits and does not necessarily mandate the owner have the animal destroyed.

Another new provision under the ordinance addresses animal tethering. Section 7-9 says, “Primary stationary confinement by tethering is deemed and considered to be cruel treatment.”

The section also says that animals may not be tethered for more than nine hours and must remain at least 15 feet away from sidewalks and the roadway at all times. Suttles said that the nine hour limit took into consideration working families that tethered their animals while away from home during the day.

Councilman Dennis Lindey worked with Suttles in drafting the new ordinance after consulting nearby municipalities and the town attorney. He told the council that he had also spoken with the residents who had requested the tougher law and that they appeared to be satisfied with the new changes.

“We’re taking a step that, quite frankly, I don’t know that any other town has done,” Suttles said. “It allows for due process.”

Second and final reading of the ordinance is scheduled for March 20 at 7 p.m.


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