Dateline: November 17, 2005

City considering state law on animal cruelty

By Roger  Estlack, Clarendon Enterprise

The Clarendon Board of Aldermen will likely adopt a state statute as city ordinance to deal with the issue of cruelty to animals following last Tuesday’s regular meeting.

If approved, subtle changes would be made in the wording from Texas Penal Code Sec. 42.09, replacing the punishment and fine clauses to reflect the maximum penalties a municipality can impose.

The statute’s definition of cruelty to animals would remain unchanged, reading “a person commits the crime of cruelty to animals if the person intentionally or knowingly tortures or seriously overworks; or fails unreasonably to provide necessary food, care, or shelter; or abandons; or transports in a cruel manner; or kills, injures, or administers poison; or uses as bait in a race; or trips a horse.

A three-aldermen committee would also be set up to give those charged under the ordinance an avenue of appeal before a case went before the municipal court.

Alderman Michael Tibbets said this committee would not be included in the ordinance but would instead be set up by resolution and could be dissolved if there came a time when no one was willing to serve on such a committee.

Animal Control Officer Tony Ballard first expressed his concern about dogs being chained up without food or water in a letter presented at the city’s October 11 meeting. Ballard had submitted sample ordinances that would ban or limit keeping dogs on chains.

Residents John Morrow and Bobby Wood addressed the board concerning the proposed ordinance, and Wood said he wanted to make certain that people would not be prosecuted who took proper care of their dogs but who had to chain their dogs during the day because they cannot afford a fence.

“The issue is no longer dogs on chains,” Tibbets said. “The issue is cruelty to animals.”

The board will consider the new ordinance at its next meeting on November 22.

In other city business, Chris Sharp of the Panhandle Regional Planning Commission addressed the board concerning STEP grants through the state Office of Rural Community Affairs.

Grants of up to $350,000 are available for purchasing material for water and sewer line replacements. None of the money can be spent on labor, which could be donated from the community or be provided by city employees.

The board directed Sharp to begin the application process. Applications are due in March, and the grants will be awarded in June. The competition is statewide, but Sharp said there is interest in Austin to see this money spread around the state.

Larry Hicks addressed the board concerning a house he purchased at 507 E. Fourth St., which is in the R2 residential zone. He said a local man would like to rent the property for use as a physical therapy office, but he wanted to make sure there were no zoning problems with that.

Several aldermen told Hicks they didn’t have a problem with this, but Alderman Tibbets reminded the board that they had previously denied other businesses going into residential areas. Mayor Tex Selvidge said the city would need to check the wording of the ordinance and told Hicks they would have an answer by the next meeting.