TERRE HAUTE — In a move to prevent animal abuse such as dog fighting or puppy mills, the Vigo County Board of Commissioners on Tuesday unanimously passed a revised animal control ordinance.
The county ordinance was spurred by a new state law that takes effect Jan. 1 that allows 250 unaltered animals on a property, said Judy Elsey, president of the five-member Animal Control Commission of Vigo County, that worked to revise the ordinance. After Jan. 1, the county could not enact a more restrictive measure.
The county ordinance will limit breeders to 30 unaltered female dogs or cats. Commissioners raised that number from 10 after comments from about 20 people, most of them breeders, in a public meeting prior to the ordinance vote.
In addition, commissioners voted to grandfather any breeder currently with more than 30 animals.
The exemption applies until the dogs are sold or pass away. Then, the new limit would apply to the breeder.
Most breeders in attendance said the county did not need a revised ordinance.
Vigo County resident Dotty Powers said she may have more than 20 females, “but I may not breed all those 20 females. A breeder that cares for animals will keep the animals confined to their own property. Breeders take care of their dogs; they are not running lose or on chains. They are fed, have water and are cared for.”
Powers said more enforcement is needed to force people to keep dogs on their property. “If half the people in this county would do that, you would not have this excess breeding that is going on …”
County Attorney Robert L. Wright said the county has one animal control officer and the county “is too large of a geographic area for a person to be every place they need to be.”
Dog breeder Treva Burns asked commissioners to delay a vote to allow breeders “a chance to go through the ordinance and discuss among ourselves.” Commissioners advertised the ordinance twice before the meeting.
Sherry Beck, president of the Indiana Council for Animal Welfare, a group formed by dog breeders this year to address dog breeding issues before the state legislature, also asked commissioners to “step back” and change the ordinance, especially on the definition of a breeder.
“If your neighbor’s dog jumps into your backyard and breeds your dog, now you are a breeder. There are things in the ordinance that really need to be looked at,” Beck said.
“Breeders are small business owners. Times are tough and this will put people out of work,” she said.
Beck said limiting the number of dogs a person may own will not make them a better owner. The ordinance could force some breeders to take animals to a shelter where they must be either cared for or euthanized at taxpayers expense.
After the meeting, Commissioner Judith Anderson said she may present an amendment to the ordinance next year clarifying the definition, referring to Beck’s example of another animal climbing into another owner’s backyard.
Vigo County resident Wayne Hamilton, who said he does not own a dog or any animal, said he is concerned the ordinance violates the Fourth Amendment.
“The Fourth Amendment clearly says that we have protections that this document violates,” he told commissioners.
“This document gives unelected bureaucrats the right to enter in, search, do as they please. If I resist, suddenly I am a criminal. Please say no to this kind of nonsense. Say no to the special interest groups that are taking our foundation apart piece by piece.”
After the vote, Hamilton called the passage “highly illegal.”
County Attorney Michael Wright, after the meeting, said the ordinance is not a violation of the Fourth Amendment, which deals with criminal searches.
“The Bill of Rights is one of the greatest documents this country has ever produced,” Wright said. “The Fourth Amendment really only applies to criminal matters, that a person will be free from searches and seizures when that evidence is trying to be used against them in a criminal setting.
“This is not a criminal setting. This is an ordinance. If people are found to be in violation of the ordinance, they can’t go to jail,” Wright said. “That is not a remedy to [the county]. We will attempt to get [people in violation of the ordinance] to come into compliance with the ordinance. If that is not possible, then a fine can be levied,” he said.
The new ordinance does establish fines, most of which are $50 or $100, plus court costs. Exceptions include a $200 fine for cruelty to animals and a $500 fine for animal fighting. The ordinance also establishes an annual permit for breeders at a cost of $50.
Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com.
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