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Palm Beach Officials Propose New Law to Protect Unsupervised Dogs in the Sun

By Anthony Man, South Florida Sun-Sentinel

July 21, 2003 PALM BEACH COUNTY, FLORIDA — Aiming to ease the suffering of animals in the summer heat, Palm Beach County is preparing to make it illegal for dog owners to leave their animals tied up outside unless an adult is home.

Violators would be subject to fines, while the worst offenders could lose their animals. A provision in the proposed law lets animal control officers seize a dog if they find severe circumstances.

The existing county animal control ordinance allows dogs to be tethered on a line at least six feet long. Backers of the change, which would apply everywhere in the county including cities, said the existing practice is inhumane given South Florida's heat.

"What kind of life is it to live on the end of a chain 24 hours a day?" asked Capt. Gina DiPace of the county's Animal Care & Control Division.

Sue Drawdy, who lives west of Lake Worth with her dogs R.J., C.J. and Cody, offered an answer. "It's a horrible existence for them," said Drawdy, a member of the county Animal Care & Control Advisory Board subcommittee that's working to revise the law. "It's too hot in Florida, and a lot of people don't have trees in their back yards."

In many cases, it also means the dog is living in its feces and doesn't have fresh water. If people can't or don't want to keep their dogs indoors in air conditioning, they shouldn't have the animals, she said.

Dianne Sauve, director of the Animal Care & Control Division, acknowledged that some dog owners wouldn't applaud the change. "You're going to have a certain segment of the population that doesn't have a problem with dogs being left with a tether or a chain."

Drawdy was more blunt. She said the proposal would prove controversial for some, although she thinks action is needed because some people are irresponsible. "It's really too bad when the government has to legislate how you raise your children and how you raise your animals."

Some will view the change as "pretty restrictive," said Assistant County Administrator Vince Bonvento, who oversees the animal control division. "There very well may be some opposition and some concerns expressed."

Cornelia Evans, who lives west of Boca Raton with her Labrador Blackie and cat Jackie, called herself "very, very much" an animal lover. Evans said government needs to step in. "I wouldn't tie up my dog, no matter what," she said. "The animal might die."

Drawdy cited other consequences. She said dogs that are tied for a long time are subject to taunting, especially from children, and often "become aggressive, vicious, mean dogs."

The proposed ordinance is getting expedited consideration because of County Commissioner Mary McCarty.

"It's a big deal," she said. "I can't bear the thought of a defenseless animal being left out in the sun. It's cruel, and I think it could kill the animal."

McCarty said she was acting in response to a complaint from a Boca Raton resident concerned about a neighbor who repeatedly left a dog tied outside all day long.

Though Sauve said existing rules allow her agency to take a dog if it is tied up in the sun with no water and is suffering, McCarty and her constituents found that the animal control division was unable to solve the problem.

DiPace, the animal control captain, said her office receives five or six calls a day from people reporting animals tied outside in what they consider inhumane conditions.

McCarty learned that comprehensive revisions to the animal control ordinance under consideration by the advisory board included an anti-tethering provision. She said the summer heat required quick action, so she asked County Attorney Denise Nieman to pull out that provision and prepare it as a single-subject ordinance.

DiPace said an initial report would probably result in an informal attempt to educate the owner. Repeated violations would result in citations. An initial citation would carry a $91 penalty, including court costs. A second offense would cost $166. The penalty goes to $316 for a third citation.

If repeated citations and fines don't result in any change, violators could face action under a state animal cruelty law, which could mean harsher fines and jail time.

Commissioners will consider the ordinance Tuesday.
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