Thursday, March 24, 2011

Closing the Animal Abuse Loophole

By Rozanna M. Martinez
Journal Staff Writer
          Rio Rancho's proposed new animal ordinance will include a provision that allows the city to remove pets from a home if someone at the residence is charged with animal cruelty.
        A city task force has been working for more than a year on updating the current law, but a plethora of emails to the mayor and City Council about a tortured dog prompted one more addition to the new ordinance that will go before the council next month.
        In January, James Dickie was arrested and charged with extreme animal cruelty after allegedly burning his dog's testicles. According to a criminal complaint, a neighbor had also seen Dickie pick up and drop the dog several times as well as kick it into a yucca plant.
        The cascade of messages increased when animal welfare activists learned another dog and two cats were left at Dickie's home.
        Police could not remove those animals without a court order, according to Rio Rancho police spokesman John Francis. The animals also must show signs of abuse or appear unhealthy for animal control officers to take them under the city's animal cruelty ordinance.
        There were about 15 activists in attendance at Wednesday's animal ordinance workshop, which was also attended by the City Council and the mayor.
        Angela Stell, of New Mexico Dogs Deserve Better, commended the city for working to close the loophole that would leave other pets in the home of a suspected animal abuser if they did not show signs of abuse or neglect.
        "I hope you will vote especially for the extreme cruelty ordinance ...," Stell said, referring to other proposed changes in the law. "And, help provide care and foster homes and such things needed for those animals. ..."
        Veterinarian Patricia Norris emphasized the need for training police and animal control officers regarding the removal of animals if the new ordinance passes. She said seizing an animal is very different from seizing a weapon and taking it into evidence.
        She cautioned the task force on changes it makes, saying that Dickie is innocent until proven guilty and that people will sue more over animals than they will over children.
        Councilor Kathleen Colley said she, the mayor and other councilors received hundreds of emails regarding the Dickie case. Many of them claimed the city was not doing its job by allowing the other animals to remain at the Dickie residence.
        "I hope the word spreads quickly we had no control (over the current ordinance) and we moved as quickly under the law as we could," she said. "We have tweaked on everything we can to resolve the issue."
        Mayor Tom Swisstack told the Journal after the workshop that he wanted to congratulate the legal staff "for taking an aggressive role in closing the loophole that existed in the present ordinance."
        He said the new ordinance would allow law enforcement and animal control officers the "professional discretion" to confiscate animals.
        Rio Rancho Police Chief Robert Boone said he has not had the opportunity to review the new proposed ordinance.
        "I understand the philosophy to take the legal action necessary to help protect our animals," Boone said.
       

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