Town Council will meet on August 1st at 6:30 to take up new language regarding the proposed leash law. According to town staff, the purpose of the law is to provide for the general wellbeing of the community and not create an unenforceable situation for those entrusted to uphold the law.
The Town feels that dogs potentially pose a public health and safety risk by “roaming, running, and self-hunting”. Reports (including town staff in the course of exercising their job duties) have been made by people that have been “menaced by dogs”. Staff notes that some of these reports are unsubstantiated, or mere exaggerations of conditions that upon investigation do not pose an immediate health and safety concern.
The Town, however, feels that “the potential threat is real, as is the fear experienced by some people from past experiences with dogs.”
The full text of the ordinance reads as follows:
Sec. 50-191. – Domestic animals in public places. (a) Domestic canines.
(1) It shall be unlawful for any person owning, or having custody of, any domestic canine to permit such canine to run at large at any time. For purposes of this section, a domestic canine shall be deemed to run at large while roaming, running, or self-hunting off the property of its owner or custodian. Time and place exemptions to this section are at the discretion of the Town Council, as approved during a regular or special meeting and as publicly advertised according to the Code of Virginia.
(2) It shall be unlawful for any person owning, or having custody of, any domestic canine to permit such canine to be off a leash or other physical restraint. Time and place exemptions to this section are at the discretion of the Town Council as approved during a regular or special meeting and as publicly advertised according to the Code of Virginia.
(3) It shall be unlawful for any person owning, or having custody of, any domestic canine to permit such canine to be in the following public facilities at any time: town offices, Civic Center, library, tennis courts, children’s playground, fishing pier.
(4) It shall be unlawful for any person owning, or having custody of, any domestic canine to permit such canine to be in the following public facilities at any time except for times and places approved by Town Council: town beach.
(5) It shall be unlawful for any person owning, or having custody of, any domestic canine to be in Central Park off a leash or other physical restraint except for times and areas under a town facility use form for specific events and\or activities. Time and place exemptions to this section are at the discretion of the Town Council as approved during a regular or special meeting and as publicly advertised according to the Code of Virginia.
(6) Service dogs are recognized as a regulated animal and are exempt from the requirements of this section.
The overall purpose of this revised language is to separate the demonstrable dog issues from any non-existing issues associated with the current “any animal” standard. Making those issues and non-issues reconcile under uniform language was resulting in language difficult to understand and enforce. Treat dogs as dogs. The proposed language also grants legislative flexibility to address dynamic situations as they occur.
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I have been told that the new leash ordinance will not be decided on on August 1. I have been told that it will be voted on at the earliest in late August at the regular meeting, or perhaps not until the September meeting or even later than that. Those of us who care about this issue need to know exactly WHEN the town fathers and mothers will be taking a vote so that we can be there and express our opinions before the vote. This lack of clarity seems to indicate a desire on the part of the counsel to suppress opposition to this new ordinance by preventing interested persons from attending a critical meeting. The public needs to EXACTLY know when and where the vote will take place.
Kearn,
We spent about two hours discussing the revised ordinance language last Wednesday. Not exactly a secret since all the information was posted on the town website and Facebook page last Friday. Public comment, yes three minutes at the microphone like always, welcome again. https://capecharles.municipalcms.com//files/documents/Agendacalendar756431468072619-105509AMa.pdf
Larry,
We discussed a lot and I got the impression that the vote would not be until later this month. Perhaps my mistake.
Or later.
This is an incomplete Ordinance and should certainly not be voted on during the August 1st meet. Time and again we are told “Time and place exemptions to this section are at the discretion of the Town Council, as approved during a regular or special meeting and as publicly advertised according to the Code of Virginia.”
SO the Town Council appears to want to “pass an ordinance” just to say they have passed it and leave key elements of the ordinance, the elements that are very important to dog walkers, to a later date! When will such exemptions be dealt with?
It seems like the Town now views itself as some sort of master who will, on occasion, let the serfs do something, but only when and where the master says is ok. This is not America. In America, everything that is not expressly forbidden is ALLOWED. Under this Ordinance everything that is not “exempted” is forbidden.
Lots of dog owners should show up at the August 1st meeting and SIGN UP to speak and then use their three minutes (wow, our masters let us talk for three whole minutes!) to express their view against this ordinance.
If the Town Council has to discuss the “exemptions” in the future anyway, they should step away from passing the ordinance and have the exemptions written into the law so that dog walkers know what they are. We need a Dog Committee to give them input.