GARP F.A.Q.

1. What do I do if one of the following animals is being abused: equine, other livestock, captive wildlife or exotic animals, circus or zoo animals or animals housed by a pet store, shelter or breeder?
   
   
2. What do I do if a companion animal is being abused?
   
   
3. What do I do if I need help with a rescued animal, find an injured animal, want to adopt an animal or need a low cost spay/neuter certificate?
   
   
4. What is the current status of the Dekalb County Anti-Chaining and Improved Animal Welfare Ordinance?
   
   
5. I would like to see the February 2005 Dekalb County Animal Ordinance Addition Proposal
   
   

What do I do if one of the following animals is being abused: equine, other livestock, captive wildlife or exotic animals, circus or zoo animals or animals housed by a pet store, shelter or breeder?

These animal groups are protected by separate agencies. Detailed contact information for each group is provided on the Humane Association of Georgia’s website at http://www.humaneassociationofgeorgia.org/animal_cruelty.htm. Scroll down the page to the section titled Who Do I Call to Report an Alleged Animal Cruelty Incident?

What do I do if a companion animal is being abused?

Contact your local Animal Control (AC) immediately! You may call information or 911 for the number. Complaints should be made within 72 hours of the incident if at all possible. In order for your complaint to be taken seriously and acted upon, please be prepared to give your name and contact information. Take pictures of the abuse if you can in order to provide AC with documentation. You may use a simple, disposable camera. Pictures are not required, however. If you think a situation constitutes abuse, then it is worth making a call. According to Georgia law, companion animals are entitled to adequate shelter from the weather as well as food and water. The shelter must have 3 sides, a roof and a floor (a dirt floor is not acceptable). The animal must have enough room that he or she is not living in his or her own excrement. Unfortunately, chaining is not illegal unless the chain is so short that the animal is living in excrement. Even a chained dog, however, must have adequate shelter. For advise on helping a chained dog, see the website for Dogs Deserve Better - http://www.dogsdeservebetter.com. Click on Area Reps to find your local Dogs Deserve Better representative. There are five Georgia reps. The Atlanta rep is Heidi Pollyea - hushpuppies@bellsouth.net. See the last paragraph of this section for suggestions on helping a chained or lonely dog. If animal control does not adequately respond to a complaint, contact Beth Rook with Georgia Legal Professionals for Animals (GLPA). GLPA keeps track of AC's that don't take animal cruelty seriously and will pressure local officers if they fail to properly handle a particular case. You must make the initial animal control complaint yourself, but if they do not take your concerns seriously or do not take the appropriate action, contact Beth at brookglpa@yahoo.com. She will discuss the issue with you and, if necessary, follow-up with animal control on behalf of GLPA. GLPA also conducts free educational seminars for law enforcement and animal control officers on Georgia’s animal cruelty laws and how to prosecute animal cruelty cases. GLPA’s website is http://georgialpa.org and includes a document entitled How to Prosecute Animal Cruelty from Start to Finish that is extremely helpful even to the average citizen. Further information on reporting animal cruelty may be found on the Humane Association of Georgia’s website at http://www.humaneassociationofgeorgia.org. This site describes The Animal Protection Act of 2000 and gives detailed instructions on How to Identify and Report Animal Cruelty in Georgia. The following topics are covered: What is the legal definition of Animal Cruelty in Georgia (including dog fighting and cock fighting), What documentation is required and Who do I call to report cruelty against companion animals, animals housed by pet stores, shelters or breeders, equine, other livestock, captive wildlife or exotic animals and circus or zoo animals. These animal groups are protected by separate agencies. Specific contact information for each group is provided on this webpage. Suggestions for helping a chained or lonely dog: Often times, neighbors are surprisingly receptive to offers of companionship for their animal. You might consider knocking on the door and asking if you can walk the dog every now and then, play with him in their backyard and/or give him treats and toys. These measures would likely give the dog longer lasting relief than a visit from animal control, though animal control is sometimes the only option. If the dog has inadequate shelter, consider asking your friends or neighbors to pool some money to buy a sturdy doghouse and then leave it anonymously on the offending neighbor's porch with a note saying it is present for the doggie. I did this once and purchased a doghouse from http://jefferspet.com. The Barney® Animal Hauz is $44. You can also buy a mat for inside the house if you like. It makes lying in the house a little more comfortable, but it's not necessary. The prices on this website are very good and the package arrives in just a couple days. You might consider buying the dog some treats. This website doesn't sell chains, but if the dog's chain isn't very long and you can find a longer chain, that would expand the dog's living area. This doesn’t mean you approve of chaining, but it may be the only way to give the dog more room. If you see that the offending neighbor uses a gift you give him, that might indicate enough willingness that he would allow someone to walk the dog every now and then. Your local Dogs Deserve Better rep may be able to organize volunteers to build a fence so that the dog can be taken off the chain and have more room to move. This is one of the services Dogs Deserve Better offers. Any of these measures can truly change a dog's life. If friendly measures don't work and you do call animal control, it helps, though is not necessary, if several neighbors call over a few days to increase pressure on animal control to act. If animal control visits, please continue to monitor the situation afterwards, take pictures of any ongoing problems and report the neighbor again if necessary.

What do I do if I need help with a rescued animal, find an injured animal, want to adopt an animal or need a low cost spay/neuter certificate?

For the answer to this question, please Click Here.

What is the current status of the Dekalb County Anti-Chaining and Improved Animal Welfare Ordinance?

This Dekalb County Animal Issues Information Page has been graciously set up by GARP as a place to review the issues and check in on further developments concerning grassroots efforts to improve both the animal ordinance (which though improved from the ealier version is still lacking in humane provisions) and policies at Dekalb Animal Control ... now known as Dekalb Animal Services . .. whose dismal kill rate, adoption and reclaim figures have caused it to be listed in Spot Societies "Hall of Shame" for several years. Animal welfarists and Dogs Deserve Better members Heidi Pollyea and Stacey McDermott have done extensive research comparing other ordinances across the country and been working closely with many many others including GARP, GLPA, SPOT and wonderful hardworking advocates like yourselves to appeal to Dekalb Officials on behalf of ordinance improvements. Our goal is to improve conditions in Dekalb County, GA but then to serve as an example to improve conditions for animals in other communities as well!! In response to the great public outcry to improve policies and statistics at DAS, people like Jeff Roberts of PAWS Atlanta ( formerly Dekalb Humane Society ) have been working closely with some rescue groups and DAS management to implement changes to make these improvements as soon as possible. Our job at the moment is to watchfully wait and see how many of these improvements are approved and then implemented. The Dekalb Officials have heard our concerns, now we are hoping they will act on them. The following is a proposal that Heidi Pollyea presented to Dekalb Animal Control Director Frank Boldoe on February 23rd for his review ( along with consultation from the Dekalb Co. Legal Dept. currently under Acting County Attorney Vivian Ernstes) We are currently awaiting his written response to this proposal to see what our next action needs to be. He has expressed a general optimism that many of the proposed additions can be included but we of course hope to see that optimism translated into writing. Dekalb Co. CEO Vernon Jones has appeared to be receptive to our requests and will hopefully encourage Mr. Boldoe to include as many of the recommendations as possible when he turns them and the proposal into the Dekalb County Commission for their review. The Commission President Burrell Ellis has stated that since the commissioners do not have time to research or read all of the documentation concerning animal ordinances or even shelter improvements, they will defer to the recommendations of "staff" ( Frank Boldoe and Vivian Ernstes) ~so it is important that their recommendations are good ones. We hope that with the public support for improvement (thanks to all who have contacted Dekalb officials, the media and other animal welfarists as well as to those who have taken time out to attend Dekalb Commission Mtgs... you have already made great strides in bringing these issues to light!! ) as well as the bit of media attention ( thanks Creative Loafings Allysa Abkowitz for her two great Creative Loafing Articles! as well as local TV channels 2 and 5 and Phyllis from GARP for several appearances on Animal Rights Now Cable channel 24) that our pleas for better treatment of animals in Dekalb County will be heard and responded to. We look forward to continued involvement on your part as well as expanded involvement from PETA and other shelter reform advocacy groups. Please stay tuned for further calls to action as we will need to stay on top of this in order to bring our improvements to fruition. The proposal is lengthy...( 16pages) a review of each item can be found on pages 15 and 16 of the proposal, however, for your convenience, here are the bullets of what is being asked for as far as ordinance improvements at this time (all of the items listed below have precedence in other counties and those examples are listed in the proposal) : 1. a full ban on the stationary chaining of animals as a means of property restraint constant chaining is dangerous to the animal and creates a public safety hazard to humans as chaining can create an aggressive animal more likely to bite. (the only exception being an overhead trolley system with specific guidelines met to insure the animal's safety and relief from the apparatus) 2. primary enclosure minimums that reflect the size and number of animals kept in the enclosure. claustrophobic enclosures cause physical, emotional and behavioral problems similar to constant chaining. 3. provisions for regular exercise, fresh quality air and exposure to non-glaring light to help prevent animals from being kept in dark, dank basements or garages. 4. improvements in the definition of adequate shelter to include provisions to protect animals from exposure to extreme cold and heat including the addition of heavy plastic flaps on dog house openings, quick drying bedding such as hay, and a raised floor for wooden dog houses during the winter months as well as protection from direct sunlight during the summer months. 5. the necessity for animal control officers to respond and investigate even anonymous calls regarding animal abuse, neglect or disturbance as many people are afraid to give their personal information as it can be retrieved by the perpetrators. 6. inclusion of increased differential licensing for altered and unaltered animals as well as the guarentee that all animals be physically spayed or neutered prior to their release from the DAS facility for adoption. These methods are meant to introduce legislation to discourage the irresponsible breeding responsible for the extreme pet overpopulation problem. Some counties across the country ( altho none in the state of Georgia.. ) have instituted a full county-wide mandate for all animals to be spayed or neutered. This has done much for reducing both the shelter kill rates and many other societal problems. This is something we would like to work for and as such want to encourage Dekalb County to convene a multi-disciplinary spay/neuter to begin work towards this goal. Thank You For Staying Tuned To This Web Page. For Further Information Please Contact Heidi Pollyea (heidipollyea@aol.com, 404 292 5154, or Stacey McDermott (smcbrooks@yahoo.com 404 378 4846)   Here is the Dekalb Contact Info: Dekalb County Commissioners: 1)Elaine Boyer 404 371 2844 njmcbrid@co.dekalb.ga.us 2) Gale Walldorf 404 371 2863 galew@co.dekalb.ga.us 3)Larry Johnson 404 371 4988 lljohnso@co.dekalb.ga.us 4)Burrell Ellis 404 371 4907 bellis@co.dekalb.ga.us 5)Hank Johnson 404 371 4745 hankj@co.dekalb.ga.us 6)Kathie Gannon 404 371 4909 kgannon@co.dekalb.ga.us 7)Connie Stokes 404 371 3035 conniestokes@co.dekalb.ga.us Other Key Officials re: Issues of Ordinance and Shelter Improvements: Dekalb Co.CEO Vernon Jones 404 371 2881 ceo@co.dekalb.ga.us Chief of Staff to Vernon Jones Ann Wead Kimbrough 404 371 2897 alkimbro@co.dekalb.ga.us Acting County Attorney Vivian Ernstes 404 371 3011 vernstes@co.dekalb.ga.us Animal Services Director Frank Boldoe 404 294 2996 foboldoe@co.dekalb.ga.us Major Tyrone Bush (Frank Boldoe's Supervisor) : 404 294 2119 twbush@co.dekalb.ga.us Chief of Police Louis Graham lograham@co.dekalb.ga.us and/or in c/o of his secretary: DBSCANDR@co.dekalb.ga.us

I would like to see the February 2005 Dekalb County Animal Ordinance Addition Proposal

February 2005 Dekalb County Animal Ordinance Addition Proposal: page 1 of 16 The following objectives are being submitted to Dekalb County Animal Services Director Frank Boldoe from concerned citizens as per instructions from Dekalb Co. Commission President Burrell Ellis and under review by CEO Vernon Jones. The purpose of these objectives is to further improve both humane conditions for animals as well as public safety measures for Dekalb County residents. Mr. Boldoe, in conjunction with the Dekalb County Legal Department will be considering each objective, reviewing the reasoning behind, the documentation supporting and the precedence setting examples of each one before responding in writing as to their recommendations. The Commission President has asked that these responses be offered as specifically as possible, avoiding general terms such as “legal or administrative restraints” so that an effort that is well understood and easier to work with from that point on can be put forth. The citizens submitting this proposal wish to thank the Animal Services and Legal Departments as well as the Commission for taking the time to seriously consider these objectives. Since it has been since the 1980’s that this document was last updated, we appreciate the improvements already made and the hard work put in so far, but were disappointed that none of our specific objectives were included in the version presented on December 14th. 2004. We hope that you will see our efforts as an adjunct to the work these departments have honorably begun and respond with your positive recommendations for their inclusion. We realize that because of our interest we have been able to do even more research to this end then these departments could possibly have time and funding to do, and hope that this research will therefore be used to it’s full advantage. If we choose to update our animal ordinance, surely it makes sense to at least keep up with current research and practices and mandate accordingly. The public has made it known that our tax dollars are to go not only towards public safety, but also towards saving and improving the lives of animals. These ordinance additions are part of that plan. Included in this proposal are examples of precedence from various communities both across the south and in similarly diverse and metropolitan areas across the country. Sample language has been offered and drawn from these other ordinances to show that the wheel does not have to be re-invented in order to make this ordinance legally viable as well as more inclusive. The format with which each addition item is presented is as follows: A) the Objective B) the Proposed Language C) the Evidence and Reasoning behind Each Item D) the Precedence and Current Ordinances for Each Item E) the Staff Comment/Recommendation Section Six objectives are presented in total and we do appreciate your taking the time to consider each item in detail, however included for your convenience at the end of this document (on pages 15 and 16) is a summary of each of the proposed items in brief fashion. Dekalb Animal Ordinance Additions Proposal/Feb. 2005 --- page 2 of 16 Item I) Stationary Chaining/Tethering Prohibited A) Objective: Under section 5-3 (b) of the current ordinance (Dec. 14th 2004) chaining or tethering an animal is not listed as an approved method of property restraint. In order to clarify this point and to help educate and inform the public this must be expressly stated. The objective is to add a subsection (c) and possibly a subsection (d) as the only exception as listed below. B) Proposed Language: Section 5-3 (b): It shall be the duty of every owner of an animal to ensure that the animal is securely and humanely enclosed within a house, building, fenced area, pen, or other enclosure out of which the animal cannot climb, dig, jump or otherwise escape under its own volition. Such enclosure must be securely locked at any time the animal is left unattended. (c) Chaining or tethering an animal is not permitted at any time. (d) Attaching dogs to a running cable line or trolley system is permitted providing that: ( adapted from Little Rock, AK Animal Ordinance Section 6-16) 1) the cable run or trolley system must be set up behind a fence or within an approved pen or enclosure. 2) only one dog may be tethered to each cable run 3) the tether must be attached to a properly fitting collar or harness worn by the dog with enough room between the collar and the dog’s throat through which two fingers may fit. choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run. swivels must connect at both ends. 4) no chain or tether used shall weigh more than 1/8 of the dog’s or puppy’s body weight. 5) the cable run must be at least ten (10) feet in length and mounted at least four (4) feet and no more than seven (7) feet above ground level. 6) the length of the tether from the cable run to the dog’s collar should allow access to the maximum available exercise area and should allow continuous access to water and shelter and daily access to food. 7) the trolley or cable run system must be of appropriate configuration to confine the dog to the owner’s property, to prevent the tether from extending over an object or an edge that could result in injury or strangulation of the dog and to prevent the tether from becoming entangled with other objects or animals. 8) animals are only to be attached to the trolley or cable run system for up to nine (9) hours per day and must be removed from the system and humanely housed within an approved fence, building, house or structure between the hours of 10:00pm and 6:00 am. Dekalb Animal Ordinance Additions Proposal/ February 2005 ---- page 3 of 16 C) Supporting Reasoning/ Evidence/ Quotes: As pack animals, dogs have been breed to form strong attachments to a human family as a replacement for their original wolf pack. An otherwise friendly dog when kept constantly chained and isolated often becomes neurotic, anxious, overly territorial and aggressive. Studies show that chained dogs are much more likely to bite than unchained dogs . The CDC (Which Dogs Bite”) found that chained dogs are 2.8 times more likely to bite than dogs which have not been chained and that nearly 4.7 million Americans are bitten by chained dogs each year. Chained dogs have killed at least 109 people since 1965. Of those, 99 were children that wandered into the path of a chained or similarly restrained dog. Another 11 occurred from dogs who were chained and broke free before attacking. Twenty one children were either killed or injured by chained dogs between October of 2003 and December of 2005 ( Dogs Deserve Better). The Humane Society of the United States concurs that chained dogs may hang themselves, get caught, cut or trapped in their chains. The constant pulling can cause their collars to become embedded. At the very least, dogs kept chained or claustrophobically penned for any extended length of time will most likely be incredibly unsocialized and ignored. The more a dog is ignored, the more frustrated and aggressive it may become. This is not the inherent nature of dogs but is more likely a result of cruel and dangerous treatment like this that must be prohibited. Whether a dog is chained inside or outside of it’s fence or enclosure, it must still be somehow fed, watered and minimally vetted, and children may still very easily come inside such a fence or pen. A chained dog therefore poses an increased public safety threat to even its caretaker, not to mention family members or neighborhood children who may wander into the fenced or enclosed area. We already have adequate shelter provisions to protect citizens from dangerous or potentially dangerous dogs and it clearly states in our ordinance that these animals can not be chained or tethered at any time. Why would we allow such restraint for “good” dogs when it can so obviously turn them into the public safety hazard that some say is the reason they want to additionally chain an animal within their enclosure. It just doesn’t make sense. With the inclusion of the trolley or cable run system, as well as the help of local volunteers and organizations that can help citizens financially and/or physically create or secure their fences or trolley systems, as well as simple measures recommended by the Humane Society of the United States that suggest using 45 degree inclined fence extensions to prevent jumping,\ or chicken wire around the perimeter to prevent digging or electronic fencing if homeowners associations prohibit other forms of enclosures (all of these methods are affordable and easily obtainable from places like Pet Smart or Home Depot) there are many options available and preferable to stationary chaining. If so many studies and in fact common sense prevail, it is clear that confining an animal on a stationary chain whether inside or outside it’s approved structure is a dangerous practice that needs to be clearly prohibited in our animal ordinance. The slight inconvenience this may pose to some animal owners is a small price to pay for the increase in safety it affords our animals and our citizens. Dekalb Animal Ordinance Additions Proposal/February 2005 ---- page 4 of 16 Please consider this copy of a letter to Director Boldoe from the Animal Control Director of one of our neighboring states ( where there is a successful ban on chaining and a minimum primary enclosure requirement of 150 sq.ft for dogs.): Dear Frank, I have heard of your county’s consideration of an anti-chaining law. I want to encourage you to pass this progressive law. I fought for and had passed such a law in Fairhope, Alabama. I have seen the results of dogs being chained for a lifetime. I also encourage you to pass a minimal square footage for the dog’s pen. Without this, dogs may be worse off than being chained. Enforcement of this law has been very easy. We give thirty days written notice to comply and because we give the option of overhead runs, there is no financial reason for anybody not to comply. We in the South have been looked at as “backwards” by some. But I am happy to say that most anti-chaining laws have been passed in the south. Regards, Jerry A Merchant, Director of Animal Control, Fairhope Alabama Police Department. **************************************** Though chaining and tethering are not listed in our ordinance as acceptable methods of restraining an animal while on owner property, we still need explicit wording to clarify this, otherwise animal officers cannot cite for it and it will be unclear to the public. The omission of such wording makes this ordinance item in effect, one of the weakest of all local metro Atlanta area counties. Allowing only a trolley or cable run system would satisfy the need some would have to restrict their animal to only a part of their yard as well as keeping a dog away from the fence line if that poses either a perceived or actual threat of the animal escaping (though the ordinance already specifies that the primary means of restraint i.e. the fence, pen or other approved structure must be made secure and inescapable) The specifications provided above will hopefully provide a safer and more fluid restraining method than a stationary chain. The time length maximum of nine hours will be convenient for working people and the requirement to take the dog off of the trolley between 10:00pm and 6:00am will provide at least some relief for the animal to be off of the apparatus as well as a deterrent to nighttime barking which will reduce nuisance complaints. As Jerry Merchant, Director of Fairhope Alabama’s Animal Control describes in his letter above, those in non-compliance could have a grace period to take their dogs off of stationary chains and either allow them free reign of an approved primary fence or enclosure, or supplement said enclosure with an overhead trolley/cable run system. We hope that you agree that this proposal gives ample options to all and should not be too much to ask of responsible dog owners. Dekalb County Animal Ordinance Additions Proposal/ February 2005 ---- page 5 of 16 D) Other ordinances/precedence/sample wording: Fairhope Alabama: Chaining or tethering of dogs is prohibited. attaching dogs to a running line or trolley is permitted provided that… New Orleans, Louisiana: No animal shall be tethered as a primary means of stationary confinement. Little Rock, Arkansas: Tethering dogs to any stationary object is prohibited. Dogs may be tethered to a cable run provided …. Louisville, Kentucky: No dog may be tethered of chained for longer than one hour in any twenty-four hour period. Wichita, Kansas: It is unlawful for any person to tether a dog for longer than one hour. After a period of three hours, a dog may be tethered again but is not to be tethered in excess of three hours/day. Okaloosa County, Florida: Dogs or cats shall not be chained, tied, fastened or otherwise tethered as a means of confinement to property. The above mentioned are just a sample of communities across the country that have banned or severely restricted chaining/tethering E) Staff Comments/ Recommendations: Dekalb County Animal Ordinance Additions Proposal/February 2005 ---- page 6 of 16 Item II) Primary Enclosure/Living Space Minimums A) Objective: Under Section 5-3 Animals Under Restraint, language added to include specifications for primary living space/enclosure minimums for animals so that adequate space is provided for the animal to eat, drink, lie down exercise and otherwise dwell away from it’s own excrement. B) Proposed Language: The following can be inserted either at the conclusion of Section 5-3 (b) or can follow suggested subsections (c) referring to no chaining/tethering and (d) referring to the allowable trolley/cable run system to be listed as subsections (e) concerning dogs and (f) concerning other animals Existing Section 5-3(b) currently reads: It should be the duty of every owner of an animal to ensure that the animal is securely and humanely enclosed within a house, building, fenced area, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape of it’s own volition. (Addition Item): Enclosures must provide the following minimum primary living space requirements for dogs in addition to the space taken up by the approved shelter or dog house. (the following are primary living space minimums as specified by the Humane Society of the United States): Number of Dogs - - - - - - Under 50 lbs - - - - - - - - - Over 50 lbs. - - - 1 - - - - - - - - - - 6 by 10 ( 60 sq.ft) - - - - - - 8 by 10 ( 80 sq. ft) - - - 2 - - - - - - - - - - 8 by 10 ( 80 sq.ft) - - - - - - 8 by 12 ( 96 sq. ft) - - - 3 - - - - - - - - - - 8 by 12 ( 96 sq.ft) - - - - - - 10 by 14 (140 sq. ft) Other animals:(derived from Fulton County Georgia’s Animal Ordinance) Except in an area zoned for agriculture, each domestic animal or livestock shall be provided with the following average minimum floor or ground area in the enclosure or housing in which it is kept (exceptions: licensed veterinary hospitals commercial kennels, grooming parlors, public and commercial horse facilities, licensed animal control facilities, humane societies, rescues and others licenced by the Georgia Department of Agriculture) Type of Animal . . . . . . . . . . . . . . Area Per Animal In Square Feet . . . . . . . . . . . . . . . . . . . . . . . . (in addition to the animal’s shelter) Horses, Mules, Asses - - - - - - - - - - - - - - - - - 200 Cows, Sheep, Goats - - - - - - - - - - - - - - - - - - 150 Hogs - - - - - - - - - - - - - - - - - - - - - - - - - - - - -150 Cats, Ferrets - - - - - - - - - - - - - - - - - - - - - - - 60 Rabbits, Guinea Pigs, Hamsters - - - - - - - - - - - - 4 Chickens, Turkeys, Geese, Ducks - - - - - - - - - - - 4 Dekalb County Animal Ordinance Additions Proposal/ February 2005 ---- page 7 of 16 C) Supporting Evidence/Quotes: Dogs and other animals kept in claustrophobic conditions are exposed to the same emotional, physical and behavioral problems as those kept chained. without this ordinance addition, owners who may currently chain their animals may be tempted to then restrain their animals in small pens, kennels or crates adding to the number of those who already claustrophobically pen their animals. This addition would not prohibit owners from using temporary measures such as “crate training” or restraining an animal on a balcony or patio less than the above specified square footage as long as these methods of restraint did not signify the primary living space/enclosure for the animal. Primary referring in this case to the majority of the animal’s day. **************************************** Please consider the following letter concerning the effectiveness and lack of enforcement issues with Fulton County Georgia’s Primary Living Space Minimum for Dogs (which is 100sq. ft/dog) as documented by Fulton County’s Animal Cruelty Investigator, Starr Weaver: … When chains are banned, a lot of people will try to stick the dogs in a small pen or crate…and then what have we done for these already neglected animals? The minimum space law that we have, has really been useful to me. I usually issue a written warning to the ordinance violation, giving the owner 24 hours to correct the problem. So far, I have not had to take one case to court, as people usually comply when they find out that it is an ordinance violation, and that if they fail to comply, court action will be taken. So many of our laws need to be changed, and we too are pushing for these changes… Sincerely, Starr Weaver (Fulton Co. GA Animal Cruelty Investigator) **************************************** D) Ordinance Examples/Precedence/ Sample Wording: Fulton County, Georgia 34-210(b)(3) Except in an area zoned for agriculture, each domestic animal or livestock shall be provided with the following average minimum floor or ground area in the enclosure or housing in which it is kept.(Exceptions: licensed veterinary hospitals, commercial kennels, grooming parlors and public and commercial horse facilities): Dogs =100 sq.ft per animal Dekalb County Animal Ordinance Proposal/February 2005 ---- page 8 of 16 D) Sample ordinances concerning enclosure minimums continued…) Fairhope, AL Ordinance No 1169, Section 3. Any dogs confined within a fenced yard must have adequate space for exercise based on a dimension of at least 150 sq.ft per dog. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the 150 sq.ft dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure, and shall meet the requirements of the Alabama animal rights protection act 13A-11-241. Maumelle, Arkansas The ordinance.. mandates that dog enclosures must provide at least 150sq.ft of space for dogs over six months of age. Lawton, Oklahoma Section (B) Any dogs confined within a fenced yard must have an adequate Space for exercise based on a dimension of at least 100sq.ft. Provided further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the one hundred square feet dimension. …The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. E) Staff Comments/Recommendations Dekalb Animal Ordinance Additions Proposal/February 2005 ---- page 9 of 16 Item III) Adequate Shelter/Protection from Elements A) Objective: to provide animals with better protection from the elements by amending the adequate shelter requirements. B) Proposed Wording: (bold indicates addition objectives) Adequate shelter shall consist of a completely enclosed structure with four sides, a constructed floor, a roof and a door opening. To be adequate, the structure shall be clean, dry and compatible with current weather conditions, age, size, species and condition of the animal. The structure shall be of sufficient size to allow the animal to stand, turn around, lie down and go in and out of the structure comfortably. To be adequate, some kind of bedding that is quick drying, such as hay or pine straw must be provided to maintain comfortable temperatures within the structure during times when the ambient temperature is below freezing. In addition, the structure must include a heavy plastic or rubber flap to cover the door and/or window openings during the months of November through March. From April through October the structure must be shaded or moved out of direct sunlight in order to provide the animal with refuge from the sun. If the shelter is made of wood, it must be raised at least two inches off of the ground to prevent seepage or rotting. C) Supporting Evidence/Quotes: From the Humane Society of the United States: In addition to safe confinement dogs need adequate shelter from the elements. Dogs kept outside may be unintentionally exposed to bitter cold temperatures in the winter and scorching heat in the summer.. some breeds…cannot tolerate extreme outside temperatures even when provided with proper shelter. In addition to restrictions on chaining a dog, the following items were proposed and passed the Los Angeles City Council on Sept. 8th 2004: doghouses would have to be leakproof and equipped with clean, warm bedding. from November until May, doghouse windows and doors would have to have flaps to keep out cold air. From June until October, dogs would have to be provided refuge out of the sun. City officials stressed that the intent of the law was to give animal control officers a way to protect dogs from neglectful and abusive owners. Councilwomaman Cindy Miscikowski concured “It’s mostly to empower animal control when they get a complaint” Miscikowski said no one expressed opposition to the plan before the council during the public hearings. The council passed the proposal unanimously without any discussion.. This example shows that a major metropolis with extensive socioeconomic diversity has taken steps to improve the lives and shelter of animals without suffering much opposition. If it can be done in Los Angeles, surely it can be accomplished here in Atlanta. From Georgia Department of Agriculture Commissioner Tommy Irvin: “Once the temperature drops below 35 degrees F, bring your pets inside… if you cannot bring your pet in somehow, make sure pets have air-tight shelter from the wind and the elements.. abundant bedding in a well insulated sleeping area off of the cold frozen ground. Pets can suffer permanent injury from frostbite just like people in frigid conditions. Dekalb Animal Ordinance Additions Proposal/February 2005 ---- Page 10 of 16 D) Other Ordinances/Precedence Examples: The following examples are all taken from localities with climates known to be equally or even more temperate than Atlanta’s. Yet, these ordinances shielding animals from the elements are much more protective than our current version. New Orleans, Louisiana: Section 18-2 Cruelty to Animals, Subsection (3): When outdoor temperatures reach freezing levels, all cats, dogs and small domestic animals must be moved indoors to an area that provides heat and shelter from the weather. Okaloosa County, Florida: Section 5-22(a) Minimum outdoor standards of shelter shall be: a. When sunlight is likely to cause heat exhaustion of an animal housed outdoors, b. sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. c. Shelter from inclement weather shall be as follows: d. An artificial shelter providing relief from the elements and appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. e. 2. If a dog or cat is confined outdoors or in an unheated enclosure, a shelter of suitable size with a floor above ground and waterproof room shall be provided to accommodate the dog or cat and protect it from the weather and, in particular, from severe cold. It shall be made of durable material with a solid floor raised above the ground and with the entrance covered by a flexible windproof material or a self-closing swinging door. The structure shall be provided with a sufficient quantity of suitable bedding consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. f. 3. In lieu of the requirements of subsections (1) and (2), a dog or cat kept on a farm may be provided with access to a barn or outbuilding with sufficient loose hay or bedding to protect against cold and dampness. Los Angeles, California: From November through May doghouse windows and doors must have flaps to keep out could air. From June until October dogs would have to be provided with refuge out of the sun. The doghouse must be leakproof and equipped with clean, warm bedding. E) Staff Comments/Reccomendations: ( use additional space if needed) Dekalb County Animal Ordinance Additions Proposal/ February 2005 ---- page 11 of 16 Item IV) Improvements in Adequate Care Provisions A) Objective: To include language under the definition of adequate care To provide animals with constant access to free flowing fresh quality air and regular access to wholesome exercise and non-glaring light. B) Proposed Language: (addition objectives in bold ) Adequate care means exhibiting attention to the needs of an animal, including but not limited to the provision of food, water, sanitary conditions, free flowing fresh quality air, wholesome exercise and non-glaring light as well as adequate and timely veterinary medical attention necessary to maintain good health for the specific age, size, species and breed of animal. C) Evidence/Quotes: It is unfortunate that some animal owners keep their pets in dark, dank garages or basements without providing adequate exercise or adequate change of fresh quality air. Animals can also be kept either in direct sunlight or too close to glaring artificial light. The addition of the above mentioned wording would prohibit such cruelty. Listed below are some local county ordinances that speak to these needs. D) Sample Ordinances/Precedence/ Sample Wording: Cherokee County, GA Section 10-7 (c) Whoever confines an animal or fails to supply sufficient quantities of wholesome food and water, or keeps any animal in any enclosure without wholesome exercise and change of air… shall be in violation of this article. Hall County, GA Section 4.10.160 Animal Abuse – Food, Exercise and Air Any person who confines any animal, reptile or fowl and fails to supply it with sufficient quantities of wholesome food and water or who keeps any animal, reptile or fowl in an enclosure without wholesome exercise and change of air shall be in violation of this chapter. Cobb County, GA Section 10-121 Cruelty to Animals, Subsection (c): Whoever confines any animal and fails to supply sufficient quantities of wholesome food and water or who keeps any animals in any enclosure without wholesome exercise or change of air shall be in violation of this chapter. E) Staff Comments/Recommendations: ( use additional space if needed) Dekalb Animal Ordinance Proposal Additions/February 2005 ---- page 12 of 16 Item V) Anonymous Reporting of Complaints A) Objective: To strike language in Section 5-19 Section (c) of the current animal ordinance that gives the police chief the option to not respond to anonymous complaints of violations unless not responding would endanger the physical safety of an individual, their property or an animal. B) Proposed Language: In this case the proposed language is to strike the entire first sentence of Section 5-19 Section (c) of the current ordinance that says: The police chief shall not respond to anonymous complaints of violations unless not responding would endanger the physical safety of an individual, their property or an animal. C) Reasoning/Evidence/Quotes: The Director of NACA ( the National Animal Control Organization) John Mays says that animal control officers in their training sessions are instructed to respond to all complaints, even anonymous ones because: 1. How will an officer know whether a situation will endanger the physical safety of an individual, their property or an animal if the report is not adequately responded to and… 2. Not responding and investigating all complaints leaves the officer and his or her department liable for possible lawsuits if injuries or damages do occur. If personal information were required by law, 911 would not respond to anonymous complaints, neither would agencies that protect children. It is understandable that it may be necessary for a complainant to offer their personal information in cases that require a witness other than the animal control officer to press charges in court. However, for purposes of investigating complaints, personal information should not be required. to do so will cause intimidation and a lack of reporting when abuse or neglect occurs which is a crime in and of itself. Interviews with animal control officers from various local counties indicate that more problems occurred between neighbors who could find out who reported them then in situations where the complainant remained anonymous. Most local counties in and around the Atlanta metro area allow for anonymous reporting. In order for Dekalb Animal Services to respond to the needs of the community it needs to encourage it’s citizens to stop animal abuse, not make it a fearful or cumbersome process to do so. D) Ordinances/Precedence/Sample Wording: The following local counties are among those that allow for anonymous reporting: Cherokee, Clayton, Cobb, Gwinnett, Hall and Paulding Counties. E) Staff Comments/Recommendations: (use additional space if needed) Dekalb Animal Ordinance Additions Proposal/ February 2005 ---- Page 13 of 16 Item VI) A) Differential Licensing Increase for Non-Altered Vs. Altered Animals and B) All Animals Must Be Physically Altered Before Adoption From DAS A)Objective: 1) To add wording into the ordinance that increases the difference in licensing fees between unaltered and altered animals in order to encourage more owners to spay or neuter their pets and 2) to add wording that specifies that all animals over 6 mos. of age are to be physically spayed or neutered before release from the Animal Services Facility for adoption. B) Proposed Language: to be added wherever staff deems appropriate: that 1) requires unaltered animals over six months of age to pay approx. $50/year to register their animal and those whose animals are spayed or neutered to pay approx. $4/ year and 2) requires that all animals over 6mos. of age to be physically spayed or neutered before release from the Animal Services Facility for adoption. Medical exemptions must be authorized by a licensed veterinarian. C) Reasoning/Evidence/Quotes Irresponsible breeding practices cause our shelters to be overrun with stray animals, pose public health and safety threats as packs of unwanted animals roam our streets, hungry and dangerous. Unaltered animals can create litter upon litter, many of whom will meet an untimely and/or violent death either in the streets or in the shelters but not before leading a miserable and unwanted life. It is up to all of us to emphasize the importance of spaying or neutering our animals as it is better for them and better for society. However, it is also up to our animal control to send the clear message that irresponsible breeding will not be without negative repercussions, and differential licensing that sets the tone is just one way to do this. Ultimately, we would like to see a mandate for a county-wide spay/neuter requirement and to this end a multidisciplinary committee made up of members of the Community, The Animal Services Staff and the County Commission should be convened to begin to work on this issue. Until that time, and at the very least, a significant increase in licensing fees for those who do not wish to alter their pets as well as wording that insures all animals will be physically altered before release for adoption must be implemented. Even if we are lucky enough to currently have a rescue group that helps in this objective, we must insure that the animals released from DAS for adoption will never be contributing to the pet overpopulation problem instead of relying on post adoption follow-up which is cumbersome, fallible, time consuming and therefore costly to enforce. D) Ordinances/Precedence/Sample Wording: Many communities across the country now include mandatory spaying/ neutering of all dogs or cats over six months of age and without health concerns that make the surgery unadvisable. These communities include: Asheville, North Carolina, Los Angeles, California, Camden, New Jersey Denver, Colorado, Bloomington Indiana, King County, Washington & more! Dekalb County Animal Ordinance Additions Proposal/February 2005 ---- page 14 of 16 Example improvement in shelter statistics through corresponding county-wide Spay/Neuter Mandate initiated: In King County Washington since the 1991 Mandatory Spay/Neuter law went into effect, the King County Shelter noted a 20% decrease in reclaims, a 60% increase in adoptions, a 52% decrease in euthanasia and a 68% decrease in DOA’s. Other Examples of Spay/Neuter Mandates/Differential Licensing: Denver, Colorado Breeding is illegal. Spaying and Neutering is Mandatory for all animals over 6 mos. old unless medically exempt. Guardians who do not want to spay/neuter must pay $43.00 each year for an intact permit. If denied an intact permit, by law the animal must be spayed or neutered. An intact permit is not a breeding permit as breeding is prohibited. Los Angeles, California: Spaying/Neutering is mandatory for all dogs and cats within the city limits unless the guardian has obtained a $100.00 annual unaltered animal permit. Buncombe County, North Carolina: Guardians of unaltered animals are required to hold a $100.00 unaltered pet permit. Camden, New Jersey: Dogs and cats over six mos. of age must be spayed or neutered . Animals with extreme medical conditions are exempt. Guardians of animals kept unaltered for any purpose must meet certain animal care requirements and obtain an annual permit from the city for $100.00. St. Louis, Missouri: Differential licensing charges are $50.00 for unaltered animals and $4.00 for spayed or neutered animals. E) Staff Comments/Recommendations Dekalb County Animal Ordinance Additions Proposal/ February 2005 ---- page 15 of 16 Summary of Objective Items I – VI: Item I) Prohibiting All Stationary Chaining or Tethering Whether Animal is Inside or Outside an Approved Structure (overhead trolley system allowable providing specified requirements are met) chaining and tethering has been shown to cause animal aggression and increased biting. Our current ordinance does NOT include chaining/tethering as an accepted method of restraining an animal on property however a clear statement explicitly prohibiting such restraint is still needed. Allowing a trolley system as a secondary means of restraint within an approved structure is more humane than a stationary chaining system and should appease any additional concerns members or officials of the county may have. Animals need exercise and social interaction in order to maintain their physical, emotional and behavioral health. Chaining or tethering restricts these needs. and poses an increased biting danger. Many other communities across the country have banned the archaic practice of chaining or tethering animals. As we bother to update our ordinance to reflect current standards of humane progress, this item must be included. Item II) Specifying Primary Living Space/Enclosure Minimums for Animals Keeping animals confined in areas that are too small for them to adequately exercise or dwell away from their own excrement is as cruel as constant chaining and creates the same frustration and propensity towards aggression. Especially as we clarify our position on chaining and tethering, it is ever more important to specify allowable enclosure size so that animals are not taken off of chains, only to be confined in claustrophobic pens or enclosures. Many communities including our own neighboring Fulton County have no difficulty enforcing minimum primary living space requirements. (theirs is a simple 100sq.ft minimum for each dog. We can either adopt theirs or modify it to indicate square footage minimums that reflect the size and number of animals per enclosure. Item III) Amending Definition of Adequate Shelter to Provide Better Protection From the Elements Although our current ordinance has improved on the previous version in aspects of shelter specifications and the inclusion of the need for some type of bedding to be provided during freezing temperatures, it does not go far enough to protect animals from the ravages of freezing cold or blazing sun. Though our temperatures are relatively moderate, we do have plenty of freezing days and nights as well as blistering hot days. Including wording that requires wood dog houses to be built up off the ground, for all shelters to be leak proof, for heavy plastic flaps to seal the openings and quick drying bedding such as hay provided during the cold months and shade to be provided during the hot months are all items that are included in other counties with even more moderate temperatures than ours. Frostbite and heat stroke affect animals as well as humans and we must therefore require that these more specific requirements are met. Item IV) Amendments to Adequate Care that provide for Fresh Quality Air, Wholesome Exercise and Non-glaring Light It is no longer enough just to require that animals have access to food, water, shelter and veterinary care. We know so much more these days what is required to keep an animal happy and healthy. To omit these items from our ordinance is to let an unthinking or unkind pet owner continue to keep an animal in a dark, dank basement or garage without adequate exposure to quality air, needed exercise and regular exposure hopefully to natural daylight, but at the very least to non-glaring natural or artificial light. Dekalb Animal Ordinance Additions Proposal/February 2005 ---- Page 16 of 16 Item V) Requiring Animal Services Officers to Respond to All Complaints, Including those made Anonymously Many citizens would be discouraged or actually fearful to report cases of animal abuse or neglect knowing that those they are reporting could acquire access to their personal information. Many of our local metro Atlanta area counties respond to and investigate all complaints, even those made anonymously. The feedback received from those agencies is that there are actually less instances of retribution or “he said… she said” when the recipient of a complaint does not know who filed the report. If it becomes necessary for a complainant to become a witness in a court case, it should be up to that individual to decide that next step for themselves. In the meantime, many cases can be witnessed by the animal control officers themselves, but no one will be able to come to an animal’s aid if the officer refuses to investigate in the first place. John Mays, Executive Director of NACA ( National Animal Control Assoc.) the organization which certifies animal control officers recommends and instructs all officers to respond to anonymous complaints. Otherwise he says the officer and his or her dept. are liable for lawsuits. How can an officer know how serious a call is if he or she does not investigate to the best of their ability. If more funding or manpower is needed, please let the community help you to ask for it, but please do not let complaints go uninvestigated. Item VI) A) Increase in Differential Licensing Between Altered and Unaltered Pets and B) Physically Altering Before Adoption It is unfortunate that our shelter statistics have placed us at or near the bottom compared to twenty other local county shelters in terms of kill rates, reclaim rates and adoption rates (spotsociety.org). Part of the problem no doubt is simply trying to manage the exploding unwanted pet population in our county. Though there are breeders who try to accomplish their goals responsibly, there are far too many others who allow their animals to reproduce again and again. These unwanted, uncared for animals end up as statistics in our shelters or hungry, aggressive menaces on our streets. It is unfortunate that sometimes the only way to get through to the public is via their wallets, but there it is. Until there is a planned effort to institute what is really the necessary solution …a county-wide spay/neuter mandate - differential licensing that requires a significantly more expensive registration fee for those who do not alter their animals as compared with those who do as well as physically altering all animals prior to their adoption from the animal services facility are practices that are not only common in other counties but are ones that are immediately necessary to implement in ours. Efforts to limit the number of addition objectives as well as significantly modifying others in the spirit of cooperation are hopefully apparent. To that end we sincerely hope that you will see fit to recommend all of the items listed here as presented. Though there will always be some who will complain about the slight inconveniences meeting these basic requirements may entail, they are simply conditions that any pet owner in good faith should provide for their pet. Though enforcement and investigative needs may increase, so too will revenue from increased unaltered animals fees as well as fines collected for forms of non-compliance. We hope we can help each other and help our animals at the same time, as you have seen how important this is to so many Dekalb Co. Citizens. We, as taxpayers, count on you to ensure not only the safety of our citizens, but also the health and welfare of our companion and guarding animals. They are most often, one and the same. Thank you again for the work that you do, and for doing all that you can.

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