The Jefferson City Council will consider changes to its animal code Tuesday, which have been seen by some as either common-sense changes or government overreach.
At the council meeting Tuesday, a bill will be introduced to change the code concerning animals housed outside. The proposed changes have gone through the Animal Shelter Advisory Committee and the Public Safety Committee before going to the full City Council.
Second Ward Councilman Rick Mihalevich, who is the bill sponsor, said he may ask to suspend the rules to allow for a vote Tuesday after the bill is introduced, but he noted that would depend on both the general feeling of the council as a whole and public comment.
"If I don't see any issues, I might offer up a suspension of the rules," Mihalevich said. "But it's not my intent to fast-track it if there's still public concern."
Jefferson City Police Department Capt. Eric Wilde said the proposed changes would do three things: allow the police to take the dog's breed, age, size and condition into consideration when determining the proper shelter; more clearly define what a suitable shelter entails; and allow for a dog in danger of a life-threatening health condition to be temporarily impounded.
"We currently have no recourse, absent exigent circumstances, to temporarily impound an animal that is in danger," Wilde said. "This proposed ordinance would reinforce our authority to save the life of a dog that may be in danger due to inadequate living conditions, and then work with the animal owner to ensure the safety of the animal."
Jessica Van Eschen, who owns a goldendoodle named Nala, said the proposed changes seem reasonable and in the best interest of the animal. Looking at her dog, Van Eschen said Nala would have no idea what to do and could be in danger without help if she were stuck outside.
"I don't think you're being a responsible dog owner if you're keeping it outside," Van Eschen said.
Larry Harness agreed. At the North Jefferson Recreation Area Dog Park with his two dogs, Kati and Jack, Harness said if people take on the responsibility of having a pet, they need to provide adequate shelter.
"This is pretty common sense," Harness said, noting he would like to see cats included in the new changes as well.
However, not everyone agrees.
Barbara and Clayton Hill said they believe the code works as is and the proposed changes are unnecessary.
"The rest of this is overreach and "much ado about nothing,'" Barbara Hill said in an email.
A thread in a Jefferson City group on Facebook showed some shared the Hills' sentiment, with one commenter noting, "I purchased an animal that is specifically trained for what I want and the city of Jefferson will have to live with that." Another noted while they were fine with the proposed changes, there will be people who simply see a dog outside and assume the worst, leaving responsible dog owners to have to deal with police and animal control.
Mihalevich said most of the negative comments he has received on the proposed changes were from people with sporting dogs who are housed outside at all times. He said many believed the proposed changes would require them to bring the dogs in, which is not the case.
"They're not the target of this, and nor would it impact them. Their dogs have shelters that are adequate," Mihalevich said. "(The proposed changes) spell out the kind of shelter to protect the animal based on the breed and size."
Mihalevich and Wilde both said the proposed changes would require police and animal control officers to make every attempt to work with and educate dog owners who may be affected by the changes.
"The ultimate goal of this ordinance is to allow for those animals that can be outside to remain there, provided they have access to adequate shelter," Wilde said. "In the event that there is not adequate shelter, we will work with the animal owner to resolve the situation and make the conditions safer.
"Only if there is a gross refusal on the part of the owner to make adjustments to the animal's unsafe living conditions, or there is a physical absence of the owner during a weather emergency, would we immediately impound the animal."
Changes
The Jefferson City Council will consider changes to the city code concerning animals at its meeting Tuesday. The proposed revisions are to Section 5-15 of the city code. Below is both the current language of the section and the changes being proposed.
Current code states:
"No person shall keep a dog outdoors on any premises unless at least one of the following applies:
• either the dog has access to the owner's home through a dog door during all time spent outside; or
• the dog is under the supervision of a human being who can allow the dog access to the owner's home during all time spent outside; or
• the dog is at all times in the company of a human being; or
• the dog spends less than one hour per day outside; or
• the dog is provided full access to an enclosed building, dog house or similar shelter at all times. The dog must have space outside its shelter to move around and relieve itself away from its confinement, and this space must be free of broken glass and similar potentially dangerous materials which could result in injury to the dog. Outside housing or enclosures shall allow protection against weather extremes. Floors of buildings, runs and walls shall be waterproof material to permit proper cleaning and disinfection."
Proposed changes would strike that entire section and replace it with the following:
"No person shall keep a dog outdoors on any premises unless at least one of the following applies:
• the dog has access to the owner's home through a dog door during all time spent outside; or (SAME)
• the dog is under the supervision of a human being who can callow the dog access to the owner's home during all time spent outside; or (SAME)
• the dog is at all times in the company of a human being; or (SAME)
• the dog spends less than one hour per day outside; or (SAME)
• a structure for shelter and protection is provided that is suitable for the breed, age, condition, size and type of the dog. The structure must be completely enclosed and insulated, except for a single entrance/exit. The structure shall be moisture-resistant such that it is not easily affected or harmed by water, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor to permit proper cleaning and disinfection. Suitable drainage shall be provided so water cannot be reasonably expected to gather and stand within 5 feet of the structure, and so the animal has access to a dry area at all times. Proper bedding of blankets or straw or similar three-dimensional material, that remains dry, must be utilized inside the structure. The dog must have space outside its shelter to move around and urinate and defecate away from its confinement, and this space must be free of broken glass and similar potentially dangerous materials which could result in injury to the dog. All structures required by this section shall be subject to all building and zoning regulations."
The proposed changes also would add the following section: "The director or the senior animal control officer shall impound and place in the city animal shelter any animal in danger of a life-threatening health condition due to a violation of this section. A life-threatening condition includes temperatures of 90 degrees Fahrenheit or higher, temperatures of 30 degrees Fahrenheit or lower, floods, tornadoes, or when the National Weather Service has issued a severe thunderstorm warning or a winter storm warning for Cole County, Missouri. The director shall attempt to notify the owner and allow the owner the opportunity to correct the violation prior to impounding the dog. When such animal is impounded, the director shall notify the owner thereof of the impoundment of such animal."