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Girard council approves tethering ordinance

Wednesday, March 16, 2016

By Sarah Lehr

slehr@vindy.com

GIRARD

Council approved regulations Monday that backers say will prevent animals from being tied outside under harsh conditions.

The amendment to the city’s ordinance on “animals and fowl” prohibits housing, sheltering or tethering animals at a vacant home, during extreme hot or cold weather or when a severe-weather warning has been issued.

It also forbids using a tie-out less than 12 feet long or one that could inflict strangulation or “unnecessary discomfort” on an animal.

Upon first offense, violation of the “house/shelter/tether animals” section of the ordinance is punishable as a minor misdemeanor. The second offense is a fourth-degree misdemeanor. The third offense, or any time an animal becomes sick or injured as a result of the violation, is a first-degree misdemeanor.

Animal-rights advocate Bev Spicer of Girard questioned officials Monday on whether the ordinance is enforceable because it does not explicitly require the intervention of a humane officer licensed through a probate court.

Law Director Brian Kren responded: “This is a matter of public safety, so the Safety Director [Jerry Lambert] does have the authority to enforce it.”

A section of the ordinance states, “The Director of Public Safety, or his designee, or other law enforcement officer shall and does, have discretion to warn the owner, keeper, or harborer and to provide an opportunity for it to be remedied within 24 hours.”

About a dozen animal- rights activists protested outside Monday’s meeting. Several said after the meeting that, despite their concerns about enforceability, they were pleased that council had voted to approve the amendment.

The exchange during the public-comments section of the meeting, however, became vehement, prompting council President Reynold Paolone to call for order at several points.

“We ask questions, and I see slamming of pens,” Holly Justice of Youngstown said. “I see the frustration. I see the rolling of eyes. ... We rally, peacefully, professionally and courteously. ... We feel that you look at us and think we’re just a bunch of crazy women.”

First Ward Councilman Stephen Brooks responded, stating that council drafted the legislation after careful consideration in committee and consultation with officials including the law director and police chief.

Councilman at-large John Moliterno said: “Don’t think we don’t appreciate the passion and sincerity that you all have shown in coming to so many meetings. ... We’ve done our homework.”

Activists began lobbying Girard council on the tethering issue late last year.

Boardman Township trustees, in the wake of a petition signed by more than 300 people, approved similar tethering restrictions in January.

In other business, council approved $4,968,631.95 in appropriations for fiscal year 2016 and authorized the merger of the Girard Health Department with the Trumbull County Combined Health District. Mayor James Melfi has estimated the merger will save the city at least $50,000 a year.