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Hartselle Enquirer

Noisy dog ordinance introduced

The Hartselle City Council is considering revising its animal control ordinance to include ways for residents to take action against noisy animals.

The new regulations, which were introduced last week during a regular council meeting, give residents the opportunity to file complaints against neighbors with noisy dogs and eventually take it to court.

Police Chief Ron Puckett said if the new ordinance passes, residents will have the chance to do something about the nuisance.

“This would at least give residents a chance to have some relief from this problem if it passes,” Puckett said. “Right now, if we get a call about barking dogs, there’s not much we can do. An officer could come out and ask the owner to control the problem, but unless the animal was running at large or doing something more than barking, that’s all we could do.”

However, Mayor Don Hall said the proposed new section of the ordinance, which is patterned after similar regulations in Vestavia Hills, puts the burden on the resident, not the police department.

“Citizens would have to sign complaints against the animal’s owners,” Hall said. “The burden would be on the person to bring the complaint to the city and be willing to take it to court.”

Council members didn’t discuss the ordinance at length as the ordinance was being introduced.

However, Councilman Ken Doss expressed concern for the ordinance.

“I’m concerned about the arbitrary nature of the way this ordinance would be enforced,” Doss said during the work session.

After the first complaint is filed by a resident, the police department would issue a verbal warning of the violation. The complaint would be kept on file for two years.

If the officer is unable to issue the verbal warning, a written warning sent by certified mail would be sent within 10 days of the incident.

Upon a second complaint within 90 days, the city would set a mandatory mediation that will be conducted by the mayor or his designee.

When a third complaint is filed within 90 days, the officer will complete a written report and the complaining parties must file a sworn deposition and signed complaint charging the animal owner. The case would be tried in municipal court.

If found guilty, the first fine is $50 with a second offense increasing to $100 and the third and above increasing to $200.

In addition to the noisy animal portion, the city is looking at restricting wild or exotic animals within the city limits. Most wild and exotic animals, including alligators, crocodiles, cheetahs, elephants, hippopotamuses, buffaloes, etc., would be illegal to have as pets.

Residents could not have more than 12 pet snakes, but all venomous snakes would be illegal. However, no boa constrictors, anacondas, Indian pythons, reticulated pythons or rock pythons over eight feet in length could be kept.

If residents had any allowed restricted animals, they would have to register them with the city. Those who fail to do so would face a $100 fine for the first offense, $250 for the second offense and a $500 fine plus 10 days in jail for all subsequent offenses.

In other business, the council:

• approved an agreement to market city property along I-65 at the Alabama 36 interchange with Ming Enterprises in Athens.

• approved fourth quarter safety award winners.

• changed its first November meeting date to Nov. 12 at noon due to the election.

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