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Officials Reject Proposal for Cat Restraint Law: Court Exploring Other Solutions to Destructive Pets

Posted on: Friday, 7 April 2006, 15:00 CDT

By James Mayse, Messenger-Inquirer, Owensboro, Ky.

Apr. 7--A proposal to place regulations on cats throughout Daviess County threatened to turn into a cat fight Thursday, as the issue was debated before Fiscal Court.

But when the debate had ended, the only thing that had been decided was to continue exploring the issue -- with Judge-Executive Reid Haire saying he would create a list of possible solutions by next month.

The proposed change would remove exemptions for cats and farm dogs from the county's restraint requirements.

But John Austin, chairman of the animal control board, said the board is not asking for a "leash law" for cats. Instead, the change would require that all pet cats be kept indoors.

"There are a number of people in the county who are concerned their neighbors are letting their cats run about, and these animals are causing damage," Austin said.

People have complained the cats are digging up flower beds and otherwise destroying property, Austin said. The change would make it more likely that roaming cats would end up at the county animal shelter, he said.

"Obviously, it's an imperfect solution," Austin said. "... It certainly is possible we're going to see an increase in the number of cats that are going to end up at the shelter."

Haire said almost from the outset that county officials are not interested in confining cats to leashes.

"There is to my knowledge no interest on the part of this court ... to institute a leash law for cats," Haire said. The question officials need to address is "if someone's pet becomes a nuisance, how do you deal with it?" Haire said.

David Ross, chairman of the Midtown East Neighborhood Alliance, said roaming and wild cats have caused significant damage for some residents.

"I've had about 80 calls and talked to 80 people who have had issues," Ross said. Cats have gotten into homes and torn the insulation off pipes, damaged doors and landscaping and have eaten pet birds, Ross said.

"People in our neighborhood aren't getting along," Ross said. In a March interview, Ross said that, when confronted, some cat owners have refused to prevent their cats from causing damage.

"No one has suggested a leash law for cats," Ross said. "... What we're wanting is for the law to reflect the pet owner (has a) responsibility for their pet."

Haire suggested the ordinance could be amended to declare a cat that destroys a neighbor's property is a nuisance. County Attorney Robert Kirtley said cat owners could be cited under such an ordinance -- assuming it could be proven that the cat was responsible for the damage.

"This is making a criminal act out of the ownership of an animal," Kirtley said. " ... But you have to follow the rules. You have to have proof beyond a reasonable doubt."

Carmel McLeod, president of the Owensboro-Daviess County Humane Society, said pet owners do have a responsibility to prevent their animals from damaging property. But changing the county animal ordinance is not the answer, McLeod said. Instead, the matter should be settled in small claims court.

"You can prove it, if you have a camera," McLeod said. " ... I say, go through the legal system."

Haire said the county ordinance allows dogs to be treated as nuisances, and asked why cats should be treated differently. Citing people for having a nuisance pet would be a faster resolution than going to small claims court, Haire said.

Austin said "you've got to have some tangible dollar figure" in damage to take someone to small claims court.

Some people at the meeting said they were trapping cats on their property, and taking the cats to the animal shelter. Such action is legal if a person is defending his or her property, Kirtley said.

Haire said he would put together some possible ways the animal ordinance could be amended to make cats that destroy property a nuisance, and his suggestions should be ready by the next April Fiscal Court meeting.

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Copyright (c) 2006, Messenger-Inquirer, Owensboro, Ky.

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Source: Messenger-Inquirer

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