The Auditorium lobby was full for Monday evening’s Eureka Springs city council meeting, and much of the attention was on proper care of dogs. After some edgy growling at the council table, the whole episode whimpered away after an attempt to change the dog ordinance failed.
First to speak was Rachel Brix who stated she was one of only a handful of certified professional dog trainers in the state. She recommended that council consult with real dog experts before considering a change to City Code. She said she has witnessed violations of the dog ordinance for a year, adding that the city has an ordinance but it needs to be enforced. “Why change Code to placate violators?” she asked.
Jay Fusaro, president of the board of the Good Shepherd Humane Society, read a statement from the GSHS board that defined suggested sizes for dog enclosures, and pointed out, “There have been two recent incidents involving dogs in less than adequate enclosures as per Eureka Springs Code.” The letter went on to read, “Changing or revising the present law could and would allow less than humane treatment of animals that reside in Eureka Springs.”
Cameron Denoewer said it was disturbing at the previous council meeting when misinformation about the dog situation on Main Street was presented by an alderman. He claimed there was 240 square feet of air-conditioned space for the dogs in question, and what had been reported was unfair to the owner. He said there was an even worse situation not far away that no one mentioned.
Animal Control Officer Jimmy Evans said he has been doing his job for ten years, and uses his discretion when dealing with violators. He said he has seen the alleged violator mentioned walking the dogs early in the morning, but does not know how often this happens. He said the enclosure for the animals was heated when he dropped by during the winter. If someone calls in with a cruelty complaint, it is up to him to assess the situation, and “I won’t stand for cruelty,” he said. “When I see a problem, I fix it.”
When council got its turn, alderman Mickey Schneider said Mayor Butch Berry had asked her to consult with local authorities regarding updating sections in City Code involving dogs. She consulted with Evans, Police Chief Thomas Achord and Building Inspector Bobby Ray to arrive at several proposed changes to Ord. 2150, known as the Dog Ordinance. One change would have allowed a reduction in space required for dogs weighing 40 pounds or less. Another addition was, “No domesticated animals(s) shall reside in any unoccupied residence or on any unoccupied property.”
The proposal also mentioned the Animal Control Officer would be the person to contact for animal issues, and there were five points dedicated to keeping pot-bellied pigs as pets.
Evans said he was fine with a reduction in space for smaller dogs as long as there was adequate exercise, food and water. He said he had housed dogs in smaller spaces, but accounted for their needs. “Not all dogs require 100 square feet. Where do you stop?” he asked.
Alderman Melissa Greene agreed this could be resolved if the owner put in a pen for the dogs, but at the moment there was a violation of code.
“But the code is wrong,” Evans responded “A small dog doesn’t need 100 square feet.”
Achord said his officers use discretion every day, and if Evans did not think a situation was cruel, he would stand by him. He said he would enforce laws passed by council, and he was not the person to stipulate how much space a dog should have.
Alderman Terry McClung said discussions at the council table have brought attention to caring for animals, and folks would be more aware now. He was not convinced a change in code was necessary, saying he understood the intent, but there might not be such a pervasive problem that requires a change in city code.
Alderman Mickey Schneider said she did not want to wait until the matter reappeared.
Alderman Kristi Kendrick stated clearly she would not vote for a reduction in the size of pens for animals, but agreed that animals should not be kept in unoccupied houses. She was not sure where the part about pot-bellied pigs came from, and Melissa Greene responded there were residences in town with pot-bellied pigs and neighbors have complained about the noise and smell.
Alderman Tom Buford had researched pot-bellied pigs and learned they were smelly and noisy and would require secure fencing because they need to root around. One source reported they could be a problem in quiet neighborhoods, and Buford recommended they not be allowed in the Historic District.
Schneider eventually moved they get an ordinance drafted based on the guidelines she had worked up with Evans, Achord and Ray. Vote to approve her motion was 3-3, McClung, Kendrick and Bob Thomas voting No. Berry decided not to vote, so the motion failed.