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Animals or liberty? Mail Tribune / Jim Craven Jackson County Animal Control officer Andy Lane loads a dog suspected of biting a child into his truck to be taken to the animal shelter. The dog did not have a rabies tag and will be quarantined for 10 days. Some landowners will speak their piece on a county ordinance proposal By JILL BRISKEY Mail Tribune Jackson County Animal Control officials say allowing their officers to enter private property and provide emergency care to neglected animals won't violate civil rights. Livestock and property owner Walt Fitzgerald of Sams Valley disagrees. "We're giving up our civil liberties, our rights to our own property," said Fitzgerald. "To me, it's not worth the civil liberty trade-off." Only one case handled thus far Since a temporary ordinance was adopted in October, Jackson County Animal Control officers have entered private property to provide emergency care for an animal only once. Fifteen other reports of animal neglect were resolved when officers were able to contact each animal's owner. According to director Colleen Macuk, an officer last provided water to a dog when attempts to locate its owner failed. A resident had reported that the animal was tied up without food or water. Macuk said the dog's owner promptly contacted the animal shelter after returning home from a vacation. "This is a case where an owner had left town for the weekend and left somebody to care for the animal, but nobody did," she said. Macuk said that's a common occurrence in Jackson County, adding that the proposed ordinance is intended to keep animals from suffering. Fitzgerald plans to speak out today during a public hearing at 9:30 a.m. and fight a proposed ordinance that would allow animal control officers to offer food, water or medical care to an animal in extreme distress if the homeowner or occupant cannot be found. The hearing will be at the Jackson County auditorium at 10 S. Oakdale. Fitzgerald questions the qualification of animal control officers. "These people, a lot of them are wannabe cops," Fitzgerald said. "Here we have the county commissioners letting them walk onto private property." In October, the Jackson County Board of Commissioners adopted a temporary ordinance allowing animal control officers to enter private property to provide emergency care if the occupant could not be located. That ordinance expires today. Prior to October, a sheriff's deputy or peace officer had to accompany an animal control officer onto private property during emergency situations. Since the request wasn't a high priority for deputies, it could take hours or days before a deputy was available to accompany animal control officers on a call. "The sheriff's department, they're having a tough time covering the county for crimes," said Assistant County Counsel Debbie Minder, who helped draft the ordinance. "We're not expanding any rights. We're just allowing the animal control officers to do their job." Animal Control director Colleen Macuk said that if the ordinance is adopted, sworn officers will not enter buildings or structures. The exception, she said, would include an open barn where a neglected animal is in plain sight. "They have to see the animal in distress. They can't go searching," Macuk said. "We'll still follow legal procedures (in regard to search and seizure)." Before entering private property, Macuk said animal control officers first knock on the front door and call the home. If a homeowner is present and won't allow access, animal control officers will call the sheriff's department for assistance. Oregon law allows "peace officers" to care for neglected animals in urgent situations, and if the home's occupant cannot be found. Minder said Oregon's Revised Statues define a peace officer as "persons as may be designated by law." The proposed ordinance wouldn't change the status of animal control officers, Minder said, but it would legally allow them to carry out their job. Animal control officers aren't sworn peace officers and do not carry weapons. Commissioner Jack Walker originally opposed the ordinance until he learned that only animal control officers would be allowed to enter private property. Walker said he doesn't want to make it too easy for animal control officers to enter private property, but added that he doesn't have any problems with them responding to emergencies. "No one wants to see animals hurt or die because someone doesn't respond," he said. Reach reporter Jill Briskey at 776-4485, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.