Services Committee

Summary

Meeting Overview

The Services Committee met on April 7, 2009, at 1:00 p.m. at the Lexington-Fayette Urban County Government Center, with Chuck Ellinger presiding. The committee addressed three agenda items during the meeting: a Peddler's License matter, a Dog Tethering Sub Committee item, and an issue concerning Private Solid Waste Providers. The committee took one motion and vote during the session and heard 12 public comments. Of the three agenda items considered, two were postponed (Peddler's License and Private Solid Waste Providers), while the Dog Tethering Sub Committee item failed.

Attendance

Present: Chuck Ellinger, Richard Beard, Linda Lawless, James Myers, Kerry Gorton, David Barberie, Nathan Bowling, Rick Curtis, Keith Horn, Steve Feese, Kerry Loy, Carrie, Tim Bennett, and Ronnie Bastin.

Absent: Crosbie and Martin.

Late arrivals: None.

Votes and Decisions

A motion to move the proposed dog tethering ordinance forward to the full council was brought to a vote 1:16:03. The motion was made by Richard Beard and seconded by Linda Lawless.

The motion failed by a roll call vote of 3 ayes to 5 nays, with no abstentions.

Votes in favor (3): - Richard Beard - Linda Lawless - Chuck Ellinger

Votes against (5): - James Myers - Kerry Gorton - Dr. Blues - Ms. Henson - Ms. James

As a result of the failed vote, the proposed dog tethering ordinance did not advance to the full council at this time.

Public Comment

The meeting included public comment on two primary topics: a proposed dog tethering ordinance and private solid waste providers.

Dog Tethering Ordinance

Multiple speakers addressed a proposed ordinance to restrict dog tethering practices.

In support of the ordinance:

• Marianne Fugate 3:52 discussed the need for a strong tethering ordinance to protect dogs and public safety, citing national trends and local data showing widespread abuse. She highlighted SOAR's petition containing over 700 signatures and noted the lack of legal tools available to animal control.

• Tracy Miller 11:53 presented photos of severely abused tethered dogs and urged the council to pass the ordinance, emphasizing that Lexington has an opportunity to lead other cities in animal protection.

• Susan Ritchie 14:33 shared personal observations of dogs left chained without food, water, or shelter, noting that her children's attempts to help were ignored.

• Kristen 16:06, Katie 16:36, and Lauren 16:36 each expressed support for the ordinance, stating that chaining dogs is wrong and they should not be treated as discarded items.

• Stephanie Bramlin 1:12:06 clarified that SOAR does not seek to remove all tethered dogs but wants to work with owners to improve conditions and provide support such as fencing and training.

• Erin Wright 1:13:13 argued that the temporary sacrifice of not tethering dogs is worthwhile to stop cruelty and protect animals, particularly with the equestrian games coming to Lexington.

In opposition:

• Babs Barlow 7:38 argued against the ordinance, stating that tethers are a form of protection and that banning them would harm responsible pet owners, especially renters. She raised concerns about enforcement costs and lack of public input. Later 1:08:16, she suggested creating a waiver system allowing pet owners to apply for permission to tether their dogs after inspection by animal control.

Private Solid Waste Providers

• Kerry Loy 1:31:30 stated that M&M Sanitation offers recycling services on a voluntary basis with a 25% residential recycling rate, noting that yard waste and glass are not currently collected due to cost.

• Carrie 1:26:18 confirmed that private haulers serve approximately 10,000–12,000 households in Fayette County and that new developments are now served by the public system.

Contested Items

Dog Tethering Ordinance

The council considered a motion to forward a dog tethering ordinance but the measure failed in a 3-5 vote, revealing significant division among members. [timestamp: unavailable] The disagreement centered on multiple concerns: the feasibility of enforcement, the impact on renters, and whether violations should be treated as criminal or civil offenses. Some council members advocated for immediate action to address the issue, while others argued that the council needed more time to develop the proposal and make structural changes before moving forward.

Enforcement of Animal Control Laws

A heated discussion emerged regarding the effectiveness of existing animal cruelty laws and whether the proposed ordinance would meaningfully improve enforcement. [timestamp: unavailable] Council members questioned whether current legal tools were sufficient to address animal welfare concerns. Key concerns raised during the debate included:

• Insufficient resources available for enforcement
• The risk that the ordinance could lead to increased dog runaways
• The need for stronger legal language that would permit immediate removal of animals in danger

Members disagreed on whether the ordinance as drafted would adequately address these enforcement challenges or if additional modifications to the legal framework were necessary before adoption.

Peddler's License

The assembly discussed whether nonprofit solicitation requires a peddler's license and the legal implications of posting "no solicitation" signs on private property.

Key Discussion Points

The Department of Law clarified that nonprofit solicitation is not subject to peddler's licensing requirements. The discussion also addressed trespass laws and their application to solicitors. According to the Department of Law's position, trespass laws apply only when a solicitor knowingly enters private property after being notified not to do so.

Outcome

The issue was postponed to allow the County Attorney's Office to provide additional input on the matter.

Key Speakers

• David Barberie
• Chuck Ellinger
• Kerry Gorton

1:18:46

Dog Tethering Sub Committee

The subcommittee presented a proposed ordinance that would ban dog tethering except when the owner is present. 1:40

Presentation and Public Testimony

The subcommittee brought forward the ordinance for consideration, with public testimony addressing concerns about the practice. Speakers highlighted animal cruelty issues and public safety risks associated with tethered dogs.

Key Concerns Raised

Enforcement emerged as a significant challenge during discussion. Committee members noted that limited staff resources would make it difficult to effectively enforce a tethering ban.

Speakers

The following individuals participated in the discussion: Richard Beard, Marianne Fugate, Babs Barlow, Tracy Miller, Susan Ritchie, Nathan Bowling, Keith Horn, Linda Lawless, James Myers, and Rick Curtis.

Outcome

A motion to forward the ordinance to the full council failed with a vote of 3-5. Rather than reject the proposal entirely, the committee agreed to keep the issue in committee for further review.

Private Solid Waste Providers

1:21:43

The committee discussed how private waste haulers can contribute to the county's goal of becoming trash-free by 2020. Kerry Gorton, Steve Feese, Kerry Loy, and Carrie participated in this discussion.

Private haulers reported that they currently operate with low recycling rates. They identified cost as a significant barrier to expanding their service offerings, specifically citing financial constraints that prevent them from adding yard waste and glass collection to their operations.

The committee determined that this issue required ongoing dialogue with private waste providers and agreed to keep the matter in committee rather than resolve it immediately. This approach allows for continued discussion and collaboration with private sector partners as the county works toward its waste reduction goals.

The outcome of this agenda item was postponed, indicating that further conversation and coordination with private haulers will be needed before any decisions or policy changes are finalized.