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Tougher animal control ordinance sought

November 02, 1997
(Page 2 of 2)

Harsh said dogs shouldn't be punished unless they attack a human without provocation. She said it is the owner's responsibility to keep control of the animal. In the case of the chomped cat, she said that dog wasn't vicious. She said killing cats was natural for dogs to do. She said if the owners didn't want to get bitten, they shouldn't have gotten involved in the fight. Harsh said the courts are the proper place for those disputes to go, not to a citizens board.

"If anybody is going to determine if a dog is vicious, it should be a judge," she said.

Under Moore's proposal, pet owners could appeal the board's decisions to the Washington County Circuit Court.

Moore said other counties in Maryland have similar animal control boards, and said they work well. Typical remedies include limiting the number of hours that the dog can be allowed outside or forcing the owners to keep the dogs in a pen.

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Richard Garcia, a veterinarian at Boonsboro Veterinary Hospital, said he can see both sides of the argument.

"I think everybody at one time or another has had problems with barking dogs," he said.

Garcia remembers living next door to a dog that barked incessantly and having difficulty sleeping. On the other hand, giving a citizen's board the right to issue fines and confiscate animals isn't a trivial matter, he said.

"I think if they are going to give them permission to confiscate property they need really clear guidelines," he said.

If a dog is barking 24 hours a day, it's probably not fair to the neighbors, he said. "If a dog barks for a half hour and then stops, is that a nuisance?" he said.

Public nuisance

The current ordinance says an animal can be declared a public nuisance if it damages property not belonging to the owner, is vicious, causes unsanitary conditions on public property, "excessively makes disturbing noises," molests passers-by, chases vehicles or attacks other animals.

The ordinance says it's unlawful to have an animal that is a public nuisance, but only allows a $10 fine.

Washington County Sheriff's Department 1st Sgt. Doug Mullendore said deputies often refer reports of nuisance animals to the SPCA, but said the real problem is the law doesn't have any teeth.

"It's basically an unenforcible ordinance," he said.

Mullendore said the department has received 89 animal-related complaints since July and 708 over the past two years. Most of those were for dogs barking or similar complaints.

As for Carson, he said he's considering legal action against the county if the law isn't changed.

"I don't hate animals. I hate owners who don't care for their animals properly," he said.

Carson said his youngest daughter Kelly has had nightmares since watching the cat which she fed and nursed from the time she was a kitten get ripped to pieces before her eyes.

"My kids are petrified," Carson said.

"My littlest one had nine weeks of counseling. She wouldn't go outside at night without being carried."

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