Services Committee

Summary

Meeting Overview

The Services Committee met on June 2, 2009, at 1:00 PM, with Chuck Ellinger presiding. During the meeting, the committee considered two agenda items, took four votes, and heard ten public comments.

The committee approved an Animal Cruelty Ordinance proposed by Myers. The committee deferred action on an Underground Utilities matter presented by Feigel, postponing a decision on that item to a future meeting.

Attendance

The following individuals were present at the meeting on June 2, 2009:

• Ellinger
• Myers
• Lawless
• Beard
• Feigel
• Crosbie
• McChord
• Martin
• Henson
• Lane
• Blues
• Stinnett
• Curtis
• Horn
• Bowling

No absences or late arrivals were recorded.

Votes and Decisions

Motion to Move Animal Cruelty Ordinance Draft to Full Council 1:07:27

CM Myers moved to advance the advisory committee animal cruelty ordinance draft to the full council with an amendment to include adequate shade. CM Beard seconded the motion. The roll call vote resulted in 2 ayes and 2 nays. CM Myers and CM Beard voted in favor, while CM Henson and CM Lawless voted against. The motion passed.

Motion to Amend with Tethering Language 1:16:12

CM Henson moved to amend the original motion to include language from the SOAR draft stating that dogs "can't tether if the owner or harborer isn't within auditory or visual range of the dog." CM Lawless seconded the motion. The roll call vote recorded 0 ayes and 0 nays with no abstentions. The motion failed.

Motion to Amend with Shade Definition 1:21:15

CM Lawless moved to amend the original motion to include a specific definition of adequate shade: "one or more separate outside areas of shade, large enough to contain all dogs at one time and to protect them from the direct rays of the sun. A dog house shall not constitute adequate shade." CM Beard seconded the motion. The roll call vote resulted in 2 ayes and 2 nays. CM Lawless and CM Beard voted in favor, while CM Henson and CM Myers voted against. The motion passed.

Motion to Pass Advisory Committee Draft and Move to Full Council 1:57:06

CM Myers moved to pass the advisory committee draft (dated 5-14-09) and move it to the full council for a vote. Ms. Henson seconded the motion. The roll call vote resulted in 2 ayes and 2 nays. CM Myers and Ms. Henson voted in favor, while CM Beard and CM Lawless voted against. The motion passed with the amendment on adequate shade as a condition.

Public Comment

Ten speakers addressed the committee on anti-tethering ordinance proposals during the public comment period.

Animal Welfare Organizations and Advocates

Marianne Fugate, speaking on behalf of Speak Out and Rescue, Inc., urged adoption of amendments to the animal ordinance including shade requirements, limits on unattended chaining, and minimum enclosure size standards [01:23:56]. Pam Rogers, representing the Humane Society of the United States, characterized chaining as one of the most cruel practices for dogs and noted that it increases aggression and public danger, citing statistics from cities with anti-tethering laws [01:27:44]. Matt Page read letters of support from the Animal Care and Control Advisory Committee and Lexington Humane Society [01:40:58].

Personal Experiences and Public Safety

Roberta Harding shared an account of a golden retriever puppy she attempted to help repeatedly, which eventually died from strangulation after months of chaining, highlighting enforcement failures [01:30:57]. Tracy Miller presented evidence of dog bites and injuries caused by chained dogs, including a severe bite sustained by a volunteer attempting to assist [01:37:08]. Marilyn Machara described personal experiences of fear and danger from tethered dogs, arguing that unattended chaining endangers pedestrians, children, and neighbors [01:47:55].

Expert Testimony

Eric Blow, former Metro Animal Services Director from Louisville, reported that their anti-tethering ordinance reduced dog bites and aggression, and emphasized behavioral risks associated with chaining [01:34:11]. Mark Schumer presented survey data from cities with chaining laws showing high compliance rates and reduced dog bites, heatstroke deaths, and nuisance calls [01:51:11].

Community Support

Kim Stewart presented a petition with over 1,000 signatures calling for an ordinance banning chaining dogs unless physically accompanied by their owner, citing inhumane treatment and public safety risks [01:42:03]. Tammy Kinman-Rupert, speaking for Mothers Against Dog Chaining, shared the story of Michaela Sinclair, a child killed by a chained dog, and urged passage of the anti-chaining law to protect children and animals [01:44:42].

Contested Items

Scope and Enforcement of the Animal Cruelty Ordinance

Council members divided on the breadth and application of the proposed animal cruelty ordinance. The central debate concerned whether the ordinance should extend protections to all animals, with particular attention to horses. Additionally, members raised concerns about whether the current draft would disproportionately affect low-income residents. Some council members expressed worry about over-enforcement of the ordinance and advocated for a transition period to allow residents and businesses time to comply with new requirements. This disagreement resulted in a split vote among council members.

Tethering and Anti-Tethering Provisions

The proposed anti-tethering measures generated heated discussion among multiple speakers and council members. Advocates pushed for stronger provisions, including specific time limits on how long animals could be tethered and requirements that animals be attended while tethered. Despite the intensity of these arguments, the committee did not adopt the proposed amendments to strengthen anti-tethering language. This outcome prompted frustration among animal welfare advocates who had urged the council to include more robust protections.

Animal Cruelty Ordinance - Myers (1-9)

0:00

The committee reviewed a proposed revision to the animal cruelty ordinance during this meeting. The ordinance redefines key terms related to animal care standards, including adequate food, shelter, water, and veterinary care. The proposal also establishes specific standards for collars, harnesses, and enclosures.

Key Speakers and Participants

The discussion involved Rick Curtis, Keith Horn, Chief Bowling, Ms. Lawless, Mr. Lane, and Mr. Martin.

Amendments and Changes

During the committee's review, the draft ordinance was amended to include a requirement for adequate shade. This addition was incorporated into the proposal before final approval.

Outcome

The committee approved the revised animal cruelty ordinance and voted to refer it to the full council for further consideration.

Underground Utilities - Feigel (10)

This agenda item, presented by Ms. Feigl, was deferred to a later meeting due to time constraints. No discussion or vote was held on this matter during the meeting.

Outcome: The item was postponed for consideration at a future meeting.