Council to consider approving changes in Mitchell's pet ordinances, allowing shock collars

Sam Fosness, The Daily Republic, Mitchell, S.D.
·5 min read

Jul. 4—Pet owners could have a new set of rules to follow when handling their furry friends, as the Mitchell City Council will consider adopting changes to the animals at large ordinance on Tuesday.

Among the most notable changes to the ordinance are allowing the use of remote collars unless the animal is at a public gathering with 10 or more people and how the city deems an animal being under "complete control."

The proposed changes to the city's pet ordinance would deem any pets with shock collars straying beyond 50 feet from its owner or handler as not being under complete control. In addition, any animal or pet causing non-consensual contact with another person would be considered an undesired action, according to the modified ordinance.

In recognition of the July 4 holiday, the council will meet at 6 p.m. on Tuesday at City Hall.

The city's ordinance defines complete control as a "state where an animal is restrained by leash, verbal command, or remote pet collar from taking an action" that is not desired by the animal's owner or a member of the owner's immediate family.

Councilman Dan Allen previously addressed his concerns of the city's definition for an animal being under complete control, noting that many dogs wander beyond the purview of its owner or handler while being under control and in good behavior. Allen also questioned whether the city coule enforce ensuring a pet is under complete control in accordance to the city's new proposed definition.

Prior to the council mulling over proposed changes to the city's pet ordinances, the use of shock collars was considered to be a gray area. After being challenged by a Mitchell resident for using a shock collar while running his dog, Mitchell Mayor Bob Everson sought to bring clarity to the city's animals at large ordinance, along with recommending remote collars be included in the ordinance.

While the city's existing ordinance regulating animals at large does not technically allow remote pet collars, Everson said former Mitchell Chief of Public Safety Lyndon Overweg informed him prior to retiring a few years ago that the ordinance is not enforced if a pet has a collar on because it's considered a leash.

The following items will be considered as part of the consent agenda:

* Approve the minutes and reports from the following meetings: June 21 City Council meeting; June 27 special meeting; June 13 Planning and Zoning Commission meeting.

* Approve automatic $6,616 supplement to the General Fund from a grant for the Mitchell Fire Division.

* Approve the following raffle permit: Mitchell Ducks Unlimited with the drawing to be held on Oct. 6.

* Approve special event application for Palace City Pre-Sturgis Party on Aug. 4 in downtown Mitchell, stretching from First to Seventh avenues along Main Street.

* Approve appointing Whitney Kroupa to the Community Services Advisory Board for a term to run July 2022 to June 2025.

* Approve appointing the following council members to respective boards and committees: Chamber of Commerce (Liaison) — Steve Rice; Community Services Board (Liaison) — John Doescher; Corn Palace Events & Advisory Board (Voting Member) — Jeff Smith; Golf & Cemetery Board (Ex Officio) — Dan Sabers; Housing & Redevelopment Commission Board (Liaison) — John Doescher; Library Board of Trustees (Liaison) — Steve Rice; Mitchell Area Development Corporation Board (Liaison) — Jeff Smith; Mitchell Main Street & Beyond Board (Liaison) — Susan Tjarks; Parks & Recreation Board (Liaison) — Marty Barington; Planning Commission (Ex Officio) — John Doescher; Sports & Events Authority Board (Voting Member) — Kevin McCardle.

* Approve change orders to Maguire Iron and H&W Contracting for west side water tower project.

* Approve change order to top Grade Concrete for concrete project No. 2021-4, schedule A.

* Approve gas and fuel quotes.

* Approve July 5 pay estimates.

* Approve bills, payroll, salary adjustments, new employee hires, authorization of recurring payments and other expenses.

* Recite pledge of allegiance and receive invocation from United Church of Christ.

* Consider reappointing the follow department heads for the city of Mitchell: Michelle Bathke-Finance Officer; Doug Greenway-Corn Palace Director; Justin Johnson-City Attorney; Elizabeth Kitchens-Human Resources Director; Mike Koster-Chief of Police; Marius Laursen-Chief of Fire / EMS; Kevin Nelson-Park & Recreation Director; Jessica Pickett-Community Services Director; Joe Schroeder-Public Works Director.

* Consider electing president and vice president of the city council.

* Hear citizens input.

* Meet as Board of Adjustment.

* Set the date for the following hearing: July 18, for Vander Hamm Motorsports' application for a conditional use permit to operate an Automotive Repair Services facility; located at 2951 S. Rowley St., legally described as Lot 11 of Iverson's Addition in the southeast quarter of Section 33, township 103 north, range 60 west of the fifth prime meridian, in Davison County. The property is zoned a UD Urban Development District.

* Reconvene as city council.

* Hold hearing on an application to transfer RL-19079 Retail (on sale) liquor license from Anisa Deinert, doing business as Jade's, located at 107 N. Main St., to Anisa Deinert, doing business as Jade's, located at 107 North Main Street, Mitchell due to reconfiguration of license.

* Consider approving transfer of vacant lot on the corner of 15th Avenue and Minnesota Street. The city has received and been negotiating a $30,000 offer on the lot from Mitchell resident Cory Marek. The city recently listed the property for sale after nearby residents pushed back on plans to transfer the lot to the Mitchell Area Development Corporation for a new nonprofit housing organization based in Mitchell to build a workforce home.

* Approve plat of lots 1 and 2 of CJM Consulting's third addition.

* Approve Resolution No. R2022-41, annexation of South 13 feet of the south 450 feet of lot 2, excluding the south 375 feet in Mitchell township.

* Approve Resolution No. R2022-42, annexation of lot K of Kippes Subdivision in the east half of the northwest quarter of the northwest quarter of section 9, township 103 north, range 60, west of the fifth prime meridian, in Davison County South Dakota and lot A of F.F. Kippes' First Addition, a subdivision of the northeast quarter of the northwest quarter of section nine, township 103 north, range 60, west of the 5th prime meridian, in Davison County.

* Second reading on Ordinance No. O2022-11, revising provisions of Chapter 4-2: Liquor Control.

* Receive an update on bridge inspections with Brosz Engineering.

* Consider entering into executive session, ceiling personnel matters.