Staffordshire Terrier Club of America - Legislative Committee

On Tuesday November 17th, the Orange County Board of Commissioners passed an ordinance strictly limiting tethering by a 4-1 vote. Dogs can now only be tethered for three out of every twenty four hours, and there are also kennel size restrictions as well.

The Durham Kennel club, of neighboring Durham county, officially opposed the ordinance, sending a representative to read a statement authored by STCA Legislative Committee member, Kristin Tresidder, advocating the enforcement of current animal cruelty laws.

Here is a copy of the letter that was sent to the commissioners, and read at the public hearing:

“Commissioners;

Comprised of over 250 members, more than 40 of which reside in Orange County, the Durham Kennel Club (DKC) has been promoting the care and welfare of North Carolina’s dogs for over thirty-nine years. Through owner education and community involvement, the DKC has striven for the betterment of all dogs, regardless of their background. The DKC officially opposes legislation limiting the rights of responsible dog owners to keep dogs in a humane manner, including anti-tether legislation. Where there are already laws in place dealing with neglect and animal cruelty, there is no need for further legislation to address the same issues.

The Orange County Animal Cruelty ordinance currently in place states:

“All animals in Orange County are required to have the following:

* Adequate Food - Animals should be fed with foodstuff that is nutritious and suitable for the species and age group. Such foodstuff shall be provided at least every 24 hours and served in a clean receptacle, dish, or container that is free of contaminants that may be injurious to the health of the animal.

* Adequate Water - Animals must receive constant access to a supply of clean, fresh water provided in a sanitary manner.

* Adequate Shelter - Non-aquatic animals shall be provided shelter which will keep them dry, out of the direct path of winds and the sun, and at a temperature level that is healthful for the animal. The animal containment area shall be free of accumulated waste and debris so that the animal can walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to eliminate rapidly excess water or moisture.

* Aquatic animals shall have an adequate amount of clean water in which to move..”
http://www.co.orange.nc.us/animalservices/occruelty.asp

Considering that it is entirely possible, indeed easy, to tether a dog while meeting all of the stated requirements above, it is contradictory to define tethering in and of itself an act of cruelty punishable by law. Dogs tethered in a manor inconsistent with existing laws are already protected under said laws. We support the cruelty laws as they stand now and fully condone continued efforts to enforce them against those that choose not to comply. Those dog owners who keep their dogs responsibly on tethers, meeting all the requirements of the law, should not be penalized for the negligent actions of those who choose not to abide by the law.

Every “issue” broached in the proposed anti-tether legislation is already addressed by the current animal cruelty laws: adequate shelter, veterinary care, food and water, waste removal, etc. Anti-tether bills, such as this one are couched in emotional appeals, and personal anecdotes, rather than being based on factual evidence. Pictures of starving puppies on logging chains are used to sell a horror story, one not representative of the norm, to sympathetic dog lovers, the majority of which keep their dogs strictly inside as house dogs. It is entirely possible to tether a dog responsibly in a manner consistent with, and even above and beyond, all existing levels of mandatory care. Whether an outdoor dog lives in a kennel or on a tether, the obligation exists to keep the dog responsibly, which is contingent upon a combination of love, and common sense – neither of which can be created through legislation. “

The Durham County Board of Commissioners held a public hearing to discuss the proposed anti-tether ordinance at 7:00pm on 8/25/2008. STCA Region 3 Legislative Liaisons Kristin Tresidder and Al Bincarousky attended the meeting to speak in support of the current legislation which already addresses the animal cruelty issues possible with any means of animal confinement.

Of the seventy four speakers at the meeting, sixty seven were in support and seven against, including private citizens, representatives of the North Carolina Responsible Animal Owners Alliance, the Cape Fear APBT club, and the STCA.  The seven speakers who were against the ordinance and in support of responsible animal confinement, be it in kennels or on tethers, were often subjected to derisive heckling and veiled threats by the proponents of the tethering ban and kennel size restrictions.

Those in favor of the ban relied almost solely on anecdotal evidence and personal grievances against neighbors to bolster their case, while those against were able to offer scientific studies and existing laws with subsequent penalties as evidence that the new ordinance banning tethering was unnecessary and would not be more effective than the current statutes.

In retrospect, it would have been useful to speak at greater length about the impracticalities of the kenneling size restrictions, as that is being largely ignored by proponents of the ban, as well as those who are against it.  Many more people keep their dogs in kennels than on runs, and it is doubtful that all of them meet the minimum size requirements proposed in the new ordinance.  If this law passes, the use of a 5′x10′ kennel will become a crime in Durham County, no matter how small the dog it contains, and that could be an eye opener for many who thought that they were in simply favor of ‘unchaining the dogs.’

On August 25th, the Durham County Board of Commissioners will hear both supporters and opponents of a proposed tethering ordinance. Amongst other things, the ordinance would completely ban tethering a dog while unattended, for any length of time, and mandate certain square footages for kennel dogs: ie a dog twenty pounds or less would have to be kenneled in an enclosure off at least one hundred square feet, or a 10′x10′ kennel. Any dog over twenty pounds would require two hundred square feet, or a 10′x20′ kennel.

The following is a copy of the letter sent by the Region 3 STCA Legislative Liaisons to the five County Commisioners:

The Staffordshire Terrier Club of America opposes any and all legislation limiting the rights of dog owners to keep dogs in a responsible manner, including anti-tether legislation. Where there are already laws in place dealing with neglect and animal cruelty, there is no need for further legislation to address the same issues.

The Durham County Animal Cruelty code currently in place states:
“It is not considered animal cruelty to house an animal outdoors. However, all animals must be provided adequate food, a constant supply of clean, fresh water and adequate shelter from the weather at all times.

Animals that are tethered outdoors are required to have no less than 10 feet of chain with swivels on both ends and are to be tethered in such a manner that the animal cannot become entangled. A chain or tether cannot exceed 10% of the animals body weight. A chain cannot be used as a primary collar. For the purpose of chaining or tethering a collar must be made of nylon or leather

It is unlawful to allow a collar, rope or chain to become embedded in or cause injury to an animal’s neck. It is important to monitor a growing animal’s collar for the necessity of adjustment. It is also unlawful to use a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.”
http://www.durhamcountync.gov/departments/anml/Animal_Cruelty.html
Considering that it is entirely possible to tether a dog and meet all of the stated requirements above, it is contradictory to define tethering in and of itself an act of cruelty. Dogs tethered in a manor inconsistent with existing laws are already protected under said laws. We support the laws as they stand now and fully condone continued efforts to enforce them against those that choose not to comply. Those dog owners who keep their dogs responsibly on tethers, meeting all the requirements of the law, should not be penalized for the negligent actions of those who choose not to abide by the law.

Please add your voice by either coming out to the meeting at 7:00pm on August 25th, or by writing, emailing, or calling the following Durham County Commissioners:

Ellen W. Reckhow
Chairman
E-mail: ereckhow@aol.com
Mailing Address:
11 Pine Top Place
Durham, NC 27705
Phone Numbers:
(919) 383-3883 (H)
(919) 383-3833 (Fax)

Michael D. Page
Vice Chairman
E-mail: mpage@durhamcountync.gov
Mailing Address:
702 Basil Drive
Durham, NC 27713
Phone Numbers:
(919) 361-2146 (H)
(919) 699-3299 (C)
(919) 806-0866 (Fax)

Lewis A. Cheek
E-mail: lewis_cheek@nc.rr.com
Mailing Address:
5105 Copper Ridge Drive, #308
Durham, NC 27707
Phone Numbers:
(919) 401-8538 (Fax)

Philip R Cousin, Jr.
E-mail: prcousin@earthlink.net
Mailing Address:
509 Wellingham Drive
Durham, NC 27713
Phone Numbers:
(919) 683-1379 (W)
(919) 572-2257 (H)
(919) 572-9161 (Fax)

Becky M Heron
E-mail: bmheron@durhamcountync.gov
Mailing Address:
4425 Kerley Road
Durham, NC 27705
Phone Numbers:
(919) 489-4402 (H)
(919) 419-1398 (Fax)

Animal activists are hoping a new Frederick County law could protect dogs from the elements and loneliness of being chained for extensive periods of time.

The Frederick County Animal Control Division will present an anti-tethering proposal to the county commissioners Tuesday. The commissioners will decide if they want to hold a public hearing on the proposal.

Under the proposed law, Animal Control officers could write a civil citation to anyone keeping a dog on a chain or rope outside for more than 10 hours cumulatively in a 24-hour period.

It also sets up regulations on the length of the tether and requires covered shelter for dogs at all times, along with daily feeding and accessible water.

When crafting the legislation, Animal Control worked with the Humane Society of the United States and Justice for Dogs, a state lobbying group. Justice for Dogs was founded after a dog named Russ froze to death while chained to a tree in 2005.

Justice for Dogs President Theresa Rutter lives in Frederick County and said the new law is necessary because it fills in gaps in state animal welfare law.

“We believe anti-tethering legislation is important because it addresses not only the safety and welfare of dogs, but also the community,” Rutter said.

In addition to lack of protection from the elements, tethered dogs can suffer from being left alone. Those dogs are more likely to be aggressive, she said.

Similar legislation has already passed in Montgomery, Carroll and Calvert counties, Rutter said.

Harold Domer, the director of Animal Control, declined to be interviewed on the proposal until after the commissioners have gotten a chance to look at it. In a report he gave to them, he said the agency receives tethering complaints daily.

In the same report, he said the division has handled two separate cases where an owner of at least 10 pit bulls were chained outside all the time. Food, shelter and water were provided, but the dogs did not receive any human interaction.

Domer wrote that Animal Control officers respond to so many complaints about neglect of animals that it would be helpful to be able to issue civil citations instead of trying to prosecute them all as criminal misdemeanors.

Brigitte Farrell, executive director of the Frederick County Humane Society, said the group is supportive of efforts to stop tethering.

“If you leave a dog tied to a tree for hours at a time, it’s going to stop becoming a social animal. It’s going to become fearful and angry,” she said. “It’s obviously not a smart thing to do to tie a dog out.”

She said her organization would like to work with members of the farm community. Many of them have been raised with the practice of tethering dogs, and she hopes to educate them about how it is not a humane practice.

The issue has attracted attention from a national group as well.

Adam Goldfarb, an issues specialist with the Humane Society of the Unites States, has been working with Justice for Dogs on the proposed law. The organization is based in Gaithersburg and does not have local chapters.

He said one of the reasons he is concerned is because a veterinarian called his organization a few years ago after a neighbor kept tethering a group of pit bulls.

Though some state laws have been passed, he said his organization has had more luck on the local level. They now offer a kit for activists interested in getting anti-chaining laws passed.

“Really anything that limits tethering is of huge benefit to the community as a whole,” Goldfarb said.
If you go— WHAT: Frederick County Commissioners will hear a presentation on a proposed anti-tethering law— WHEN: 8:30 a.m. Tuesday— WHERE: First floor hearing room, Winchester Hall, 12 E. Church St., Frederick

http://www.fredericknewspost.com/sections/news/display.htm?StoryID=78054