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County OKs revised animal measure The new measure would allow animal control officers to enter private property during specific emergencies to relieve suffering By JILL BRISKEY Mail Tribune Jackson County commissioners say a rewritten ordinance allows animal control officers to enter private property during specific emergencies without violating rights or laws. Sams Valley rancher Walt Fitzgerald isn't so sure. "We're sacrificing the rights of people for more government," said Fitzgerald, who attended a Wednesday meeting where commissioners OK'd the reworked ordinance as an emergency measure. "I think that it's unwise to use emotional issues to make law." The commissioners' action immediately gives animal control officers the authority to provide water, food or emergency care to an animal if property's occupants or the animal's owner cannot be found. A decision to make the ordinance permanent will be made following a Jan. 23 public hearing. Residents will be allowed to express their opinions during the public hearing. In November, the controversial proposal was sent back to the drawing board before a public hearing could be held. County Administrator Sue Slack said the original ordinance was too vague in its definition of animal control officers. Slack said the county's attorneys also needed to clarify where animal control officers could and couldn't go while on private property. "There were a number of questions raised," Slack added. "It has been tightened up considerably." Prior to the emergency ordinance, animal control officers weren't allowed to enter private property unless accompanied by a peace officer. Animal control officers told commissioners that pets often suffered for hours or days until a police officer was free to respond to the case. Animal control officers are not peace officers, nor do they fall under the umbrella of the sheriff's department. Slack said they are sworn, code enforcement officers for the county. The rewritten ordinance allows animal control officers to enter yards, pastures, open barns and corrals. Under the new ordinance, animal control officers cannot enter homes, garages or locked outbuildings unless accompanied by a police officer. They cannot enter private property unless attempts to contact the home's occupants fail. Before walking into yards or barns, animal control officers must first see the pet from a legal vantage point in plain sight. The ordinance also states that urgent circumstances and probable cause must exist. These include an animal confined for more than 24 hours without food or water, or a pet in obvious need of medical care. Commissioner Jack Walker originally had concerns that property rights would be violated if the ordinance was adopted. "I am satisfied because it's very specific about what these animal control officers are allowed to do," he said. "I think this is the best of what both sides needed." The ordinance does not allow animal control officers to conduct any kind of investigation while offering emergency care. It does not change existing animal abuse and neglect laws. 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.