News

Animal law taking shape

By Michael D. Bates | Hernando Today
Published: November 2, 2012

BROOKSVILLE - Assistant County Attorney Jon Jouben has spent the last several days meeting with animal groups and consulting with activists and organizations as he prepares to write a final draft of a new animal services ordinance.

Each agency, he found, has conflicting ideas on what they want to see in that ordinance, which must be presented to county commissioners by Nov. 13.

"Many of the changes requested (by these groups) contradict each other and will be worked out through the ongoing drafting process," Jouben said Thursday morning. "There does not, at this time, appear to be a consensus between the various groups and organizations."

But animal rights activist Maryann Tobin questions the need for a new ordinance and the big rush to get it done by Nov. 13. Rushing an ordinance "will be far worse than doing it right."

"It will not accomplish the goal of killing fewer animals and does nothing to utilize the free services of volunteers," Tobin said. "Not to mention the fact that it is a moral and ethical catastrophe."

Tobin said in her blog that the proposed ordinance was created in response to the criticism leveled against department officials in recent months.

"The whole purpose of this is about killing too many animals too fast, so they came up with an ordinance that kills even more animals faster," she said. "Where is the logic in that?"

She particularly objects to a clause in the proposed ordinance that she says allows deputies to enter private property in pursuit of animals without a warrant and without permission of the property owner.

Jouben said that clause was never in the ordinance and couldn't be because the U.S. Constitution would forbid it.

Tobin said the county needs to consult with people who are working to place animals in homes.

Jouben said he also consulted the Hernando County Sheriff's Office, animal services staffers and attorney Robert Battista with the sheriff's office.

In addition, he looked at ordinances of the other 66 counties in Florida.

Jouben said he will try to get the proposed ordinance posted on the Hernando County government website in advance of the Nov. 13 meeting so people can review the draft.

"We will continue working with staff and consulting with members of the animal community in an attempt to reach a universally agreeable ordinance to taken to the board for a vote," he said.

mbates@hernandotoday.com (352) 544-5290