Finally, animal control order with 'teeth in it'

By Judith Pannebaker

After 11 drafts, Bandera County Commissioners unanimously approved a new rabies and animal control order during a Thursday, April 9, meeting.

Last fall, County Judge Richard Evans appointed a committee to revise the order and “put some teeth” into enforcement of its various components.

The committee was comprised of local veterinarians, members of animal rescue organizations, law enforcement officers, elected officials and county employees. By all accounts, however, it was Jennifer Gaertner, community liaison for animal control issues, who served as the driving force behind the strengthened order. Committee members signed off on the document on Feb. 25.

At that time, Commissioner Precinct 2 Bobby Harris noted, “We’ve done our due diligence. I’d like to get this over with and into law.”

“Based on the headlines I don’t see, it looks like it’s working,” Evans said at last week’s meeting.

Salient points in the new order include:
• Stray cats and dogs will now be impounded five working days, not including the first day of impoundment, in the Bandera County Animal Control Facility on Highway 16 North. Unclaimed, adoptable animals will be released to county-approved animal rescue organizations. Previously, animals were kept only three days.

• A limited number of animal adoptions now take place at the county facility.

• Animal related court cases will be heard in the court of the justice of the peace in the precinct where the regulation violation occurred.

• By May 1, all dogs and cats older than three months in Bandera County must be licensed or microchipped. Owners, however, will be given a grace period to get their animals into compliance. “We don’t expect everyone in the county to be in compliance immediately,” Gaertner said. “Animals will be registered and microchipped during their vaccinations.” Animals cared for by rescue organizations that register on a quarterly update with the Bandera County Sheriff’s Office are exempt from registration.

• Annual registration is $5; lifetime registration for spayed, neutered and microchipped animals is $15.

Additionally, a recent cruelty animal seizure prompted County Attorney John Payne to add a new section to the rabies and animal control order.

On March 18, 40 animals were seized from deplorable living conditions at the erstwhile animal rescue organization, Sanctuary Station. Payne told the court the seizure was “the tip of the iceberg in this county.”

In accordance with provisions in Chapter 821 of the Texas Health and Safety Code and Chapters 7 and 12 of the Penal Codes of Texas, he included Section 18 in the order, which covers corporations and associations.

Essentially, this section outlines the criminal liability, along with penalties, faced by board members or other agents of noncompliant animal rescue organization.

The order states: “A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed or recklessly tolerated by a majority of the governing board acting in behalf of the corporation or association or a high managerial agent acting in behalf of the corporation or association and within the scope of his office or employment.”

Plainly put, if a board member or employee of an animal rescue organization had been aware of cruel or inhumane treatment of animals at the rescue organization and failed to report it to proper authorities, they can be held criminally responsible.

Payne also took aim at some so-called nonprofit animal rescue organizations operating within Bandera County. Qualifying his words, he said, “This is not to cast stones on legitimate, hard-working animal rescue organizations, God bless ‘em.”

Payne went on to say, however, that many rescues publicly imply they have been granted federal nonprofit status. “It’s easy to get a nonprofit designation from the State of Texas, but harder to get a 501(c)3 exemption from the IRS,” he explained. “Health and safety codes provide for criminal liability. There’s a problem in this county and we must have the tools to deal with it effectively.”

Payne and other committee members described the newly approved Bandera County Rabies and Animal Control order as a “work in progress.”

In particular, Sheriff Weldon Tucker seemed grateful for the new document. According to Gaertner after reading the order, he commented, “I like the new ordinance. It’s nice to finally have something with teeth we can do something with.”

To the consternation of animal advocates, the revised order does not prohibit unsecured dogs from being transported in the backs of pickup trucks. Too many calls from too many constituents to commissioners precluded the inclusion of that prohibition at this time.

However, Dr. Conrad Nightingale, Bandera County rabies control officer, felt confident that on-going dangerous situations would be dealt with in another way.

“Owners can be cited from an animal cruelty standpoint if they leave their animals in the bed of a truck in the hot sun without proper shelter or water,” he said. “Under this new order they can also be cited for exposing their animals to other dangerous situations.”

Interestingly, no member of any animal rescue organization in Bandera County was on hand to see the new rabies and animal control order adopted.