By Mary Alice Murphy

Grant County Attorney Abigail Robinson led off a discussion about the newly developed animal control ordinance proposed for approval by the County Commission at its meeting next week.

"We are taking comments and concerns today," Robinson said. "The ordinance will be on the agenda for discussion at the work session next Tuesday. It will be on the agenda for adoption on Thursday."

Heidi Ogas, president of the High Desert Humane Society, which manages the animal shelter through a contract with the county, also spoke.

"A revision of the animal control ordinance was brought up," Ogas said. "Someone asked if I would throw it out and start over. I said a resounding, 'Yes.'"

She said Commissioner Ron Hall took charge of the committee. "For close to a year, we have researched a lot of other counties' ordinances. Most were similar to Grant County's. We also use stuff from other states. We tried to pull together a good ordinance addressing what we have to deal with."

Robinson said the old ordinance was difficult to enforce. "I believe we have corrected that. The county contracts with the animal control officer for enforcement."

Resident and county commissioner candidate for District 4, Marilyn Alcorn, asked why the county does not have its own animal control officer. "The ordinance also says it can be enforced by a peace officer with jurisdiction."

Robinson explained the language includes the Sheriff's officers and the Emergency Management Officer Gilbert Helton.

"The ordinance would permit the county to create an employee," Robinson said. "We made it broad."

An audience member asked what the legal ramifications are for animal abuse.

"That is beyond the county ordinance," Robinson said. "Officers can enforce the laws, but abuse is from state law and would go to the district attorney, rather than Magistrate Court. This ordinance includes neglect."

Robinson, when asked about where to get a copy of the draft ordinance, said when the County Commission does a notice of intent, the draft will be with the meeting minutes at the clerk's office.

"You can also ask for it by email," Robinson said. She did not have an answer for why the draft was not available online.

Robinson explained the penalty section. "The county has limits to what it can charge. Section 7-1 sets the maximum at $300 or imprisonment for no more than 90 days, which are the limits. Section 7-2 lists the fines for various offenses."

"I talked to (Magistrate) Judge (Maurine) Laney about why most charges were thrown out," Ogas said. "She said the ordinance was not detailed enough and the enforcement was left to the discretion of the animal control officer."

A woman in the audience said she had never seen an animal control officer pull anyone over for having an untethered dog in the back of a pickup truck.

Robinson noted that this ordinance does not apply and is not the jurisdiction of any of the municipalities. "It's only for the county outside the municipalities."

Ogas said the animal control officer and the shelter manager participated in the discussions on the ordinance changes.

"I think we plugged some holes," Robinson said. "The key in a county ordinance is to have penalties, which weren't in the previous ordinance."

She directed people to section 4-7, which limits tethering of a dog in the same spot to no more than two hours. "It would be helpful if the public could take a photo or video, preferably with time stamps, and the person signs a statement on the issue. It helps enforcement."

Section 4-2 on page 10 of the document says that rabies vaccinations are required. Ogas said she thought parvo and distemper vaccines should also be required, but ordinances are to protect people. "I recommend the core vaccination for pets."

Robinson said the rabies vaccinations protect people. The parvo and distemper vaccinations protect other animals.

Section 4-7-C talks about restraint and confinement. A discussion ensued on the required size of pen for an animal, with recommendations made for the square footage per animal.

A woman noted that all the charges are misdemeanors.

"The county is limited by state statute," Robinson said. "We can't do stuff without being permitted by statute. However, if it violates state law it can escalate to a felony."

Ogas pointed to section 5-10 under cruelty, where after the fourth offense, it can be a fourth-degree felony.

She noted the group did not want a middle ground on care and neglect. "It's minor or its cruelty. A lot of this portion comes directly from state statute."

A woman who had asked several questions said she was a volunteer at the Hurley Shelter. She noted the requirement for a litter permit. "Maybe if someone is going to sell puppies, they should also have an intact permit and a litter permit and be able to show them."

Another question concerned people selling puppies by Walmart. The public is instructed to complain to Walmart, but it was noted that if the sales are taking place on the grassy area, not on Walmart property, that the seller should have a sales permit from the town of Silver City.

A woman said some places require that puppies be sold only where they are bred.

Section 6-2-A addresses the notification of an owner of a stray, and what happens to the animal if the owner does not pick up their pet within the 48 hours.

"If it's adoptable, it goes up for adoption," Ogas said. "The Humane Society has policies separate from this ordinance. They are strict guidelines."

To a question about no-kill, Ogas said she had recently given a presentation and will give another in October that shows how close this shelter is to being a no-kill facility.

Another woman asked what if the owner was out-of-town and the pet sitter lost the pet.

"We will work with the owner, but if the animal is injured, we can't let it suffer," Ogas said.

Section 4-8 addresses the disposal of dead animals.

"This addresses what happens if the dog, for instance, dies in the owner's backyard," Ogas said. She said cremation is expensive.

A woman asked about the number of animals the shelter intakes, the number adopted and the number euthanized.

"When I do presentations, I bring those numbers," Ogas said. "We have two separate divisionsG