Proposed Mercer County leash law debated Tuesday
Oct. 25—PRINCETON — Heated exchanges were traded Tuesday when county commissioners and residents debated the need for and the feasibility of a proposed Mercer County leash law.
On Oct. 10, the Mercer County Commission tabled a first reading for a proposed countywide leash law. Owners of farm dogs and hunting dogs had complained that the ordinance would cause them problem. A new draft defined a farm dog as one that protected livestock under its care and a hunting dog was defined as one engaged in a lawful hunt and fitted with a tracking device. They would not be considered as dogs roaming around without supervision.
"We've had this on our agenda for a first reading over the last couple of meetings. I did get some clarification," Commissioner Greg Puckett said Tuesday.
Puckett said that the county Magistrates Office would adjudicate cases involving the leash law. The issue of farm dogs and hunting dogs had been addressed. He also spoke about whether the proposed ordinance would increase the Mercer County Animal Shelter's population. The shelter has been on Code Red twice this year. Code Red is declared when euthanasia has to be considered. The shelter's personnel have been able to avoid this option.
"In doing this, initially, considering we've been in Code Red twice the last four months, you know, it was a concern that popped up; however, in many ways, it should in essence help the shelter," Puckett said. "Because if you're really working on the control of the animals and not allowing them roam free, then you're actually reducing the opportunities for mating which then overall reduces the population."
Reducing the homeless pet population will take time, but it can be done on a case-by-case basis, he said.
"I'm not saying the ACOs (animal control officers) are going to go out and pick up every single dog that out running around," Puckett stated. "What it does is allow them to have a tool in the toolbox to hold that owner accountable so when you have a negative situation, a dog runs across the road and perhaps causes a problem with a child or some property issues or things like that, they'll have a tool in tool box to where they can hold that owner accountable. It's not a hunting dog, it's not a farm dog."
Puckett said he wanted to have an online discussion so the public could comment about the proposal.
"Between now and that time, we will probably try to do a Facebook live where we present the evidence online and allow for multiple questions from anybody who's anywhere to respond; so that will give that opportunity to talk there. We can have either Prosecuting Attorney (Brian) Cochran or one of his staff there to answer questions," Puckett said.
Puckett added he believed that according to the West Virginia State Code, there must be two readings for a proposed ordinance and that these readings must be at least 10 days apart. He hoped to have a first reading in November and possibly a second one in December.
County Commission President Bill Archer said residents had told him that they wanted to have a public hearing for discussing the proposal. Many of the roaming dog problems occur in places like mobile home parks. Neighbors have disagreements over dogs, and it is "hard to legislate" these disputes.
Chief Deputy A.P. Christian with the Mercer County Sheriff's Department said that a dog warden or another deputy could be needed if the leash law is enacted, Archer said.
Commissioner Gene Buckner said he had concerns as well. The county is in the middle of a budget year, and there is no budget to expand for more animal control officers or for the animal shelter if it needs to be expanded.
"If we have to expand the shelter, where are we going to get the money?" Buckner asked. "There is a problem with loose dogs, but there's also a law that says stray dogs can be picked up."
Dogs that cause problems with people can be picked up under the vicious dog law, he added. Dog owners that let their pets run loose without a collar or tag usually refused to claim that dog if it causes problems. More animal control officers and deputies would be needed to make the proposed law work.
"I don't see any way right now to make this happen," Buckner said. "I think we need to keep working and get it to the point where everybody's happy. I don't know if that's going to happen."
Puckett said Raleigh County, which has a leash ordinance that Mercer County's proposed ordinance is based on, is able to make it work.
"And they do it better than we do. They have more people and have been doing this for 30-plus years, and they seem to be able to do it OK with no extra help," Puckett said.
Raleigh County has over 40 deputies. Mercer County has 27. That county has as many animal control officers as Mercer County, he stated.
"And they use it sparingly," Puckett said of Raleigh County's leash ordinance. "I think what we're doing is kicking the can down the road. We think we addressed the tag situation in the ordinance. If you don't have it, you got to get your dog tagged. We've addressed that. You're talking about it's a shame a viscous dog is out on the street. Well, tell that to a mom who's got to look after their kid that's already been attacked because the dog's already out because they didn't have a leash."
"This is a preventative measure that will save lives. I have no doubt," Puckett told his fellow commissioners and the audience. "It will probably save the animal's life. It will certainly make our community stronger and the only thing we're doing is arguing whether in the hell we've got the money. You tell a parent that has to deal with this that there's no money whether we care or not to put somebody on this. Yes, I'm getting passionate about this because I'm tired of doing this. You talk about a budget year. We create positions all the time in the middle of the budget year. We turn it around. We put the money out of our reserve fund. We don't have to wait until budget time to do that. We've never done that."
No action was taken Tuesday on the proposed leash ordinance.
— Contact Greg Jordan at gjordan@bdtonline.com
