Lincoln animal control ordinance changes put more ‘bite’ into fines

 

[June 19, 2020] 

Effective immediately, any person allowing a dog to roam freely within the community in the city of Lincoln will face much heftier fines than in the past. This week Lincoln City Council approved by unanimous vote changes to the at-large dog ordinances for the city. The aldermen with the same vote made changes to the barking dog ordinance, and confirmed the authority of the Animal Control Warden and/or staff to enforce city ordinances.

The motion to approve the ordinance changes was made by Kevin Bateman and seconded by Kathy Horn.

During discussion on the motion, Bateman explained that there were two basic changes. In Ordinance 6-2-1 changes were made to offer the animal control person, or service, the authority to enforce codes. Bateman said that in that section a line would be added that identifies a person by “service or contract” that has said authority.

The second change the aldermen would vote upon was that of fines.

For dogs caught running loose (at-large), there were large increases:

- In the previous rules the first offense equaled a fine of $10. That fine has been increased to $100.

- A second offense within a 12-month period would have been $20 in the past. It will now be $200.

- Fines progressed up to five offenses within a 12 month period. That fine changed from $100 previously, to $1,000 under the new rules.

Bateman also noted that the noise ordinance for barking dogs that was in chapter seven of the city code would be rolled into the animal control ordinances. The fines for barking dogs would also change.

To unify the code, the fines would be the same per occurrence for a barking dog as for a dog at-large. The old ordinance (7-10-1) imposed a fine of “not less than $75 nor more than $250 for each offense.”

The fine structure in the old ordinance does not increase per occurrence. Rather, the fine imposed is at the discretion of the citing authority. Bateman said that in this case, first and second offenses might result in lower fines than would have been imposed originally. Under the new rules, as the number of offenses increase the fines would as well, and would again become quite hefty for the fourth and fifth offenses in a 12-month period.

Steve Parrott asked if the Animal Control Warden and staff would require training in order to enforce and issue citations on behalf of the city. Bateman said that what the city is doing is giving authority to the animal control department, same as which it already has in the unincorporated areas of the county. The warden and staff are well trained for duties performed.

Bateman said that the benefit of giving the right authority to the animal control would be that it would relieve the Lincoln Police Department from some of its work.

Parrott asked if the police department would still issue citations or would they be required to contact animal control for enforcement and citations.

City Attorney John Hoblit said that some of the topics were still up for discussion. He told the council that in essence the previous ordinance passed in 1985 permitted authority to a person employed by the city. The changes made now will extend that authority to a contracted person or service, in this particular case the Logan County Animal Control.

Parrott said his question was, could the police department still issue citations or was it all on animal control now?

Tracy Welch said he did not believe the intent was to put the burden or responsibility entirely on animal control. The intent was to add animal control to the definition of who could enforce city code. Police authority would not change.

City Administrator Beth Kavelman asked about aggressive animals. Would the police be involved then?

Bateman said that animal control would always have the option to call for police back-up. He said that is how it is done now. Animal control will call for the police back-up if needed. He said that in the case of removal of a pet, most times animal control will call the police ahead of time, meet the officers and all will go together to the home to retrieve the animal.

Police Chief Paul Adams also offered some explanation. He said that in most cases, complaints about a vicious or aggressive animal come into the Logan County 911 dispatch. Dispatch officers then issue the call out to the police department and animal control at the same time. Adams said often times a patrolling officer will arrive at the scene before animal control.

Bateman moved on with the discussion, saying that if the city approves the changes to the ordinance, the next step will be to take those changes to the Logan County Board for review. This must be done so that the ordinances and the contract with the county for animal control agree.

Bateman reminded the council that the city’s animal control contract has expired for the 2019-20 year. Currently, animal control is being provided on a month to month basis. The county and the city need to move forward with crafting a new contract.

Welch, as Mayor Pro-Tem called for the vote and the changes to the ordinance were passed by unanimous 8-0 vote.

[Nila Smith]