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Posted by Desiree on April 08, 2002 at 10:52:59:
Article last updated:
Friday, April 05, 2002 10:06 AM MST
Mayor might veto new farm-animal ban
He's not sure it's the best way to tackle problem
By MIKE HOOVER
Dispatch/Sunday News
York City Mayor John Brenner said he will decide within the next 10 days whether to sign or veto an ordinance banning farm animals and restricting the number of pets in the city.
Brenner, who initially supported the measure, said he gave the ordinance a good look yesterday after city hall was flooded with questions, a day after it was approved by the council.
Brenner said he doesn't want to punish responsible pet owners and will investigate whether problem animals can be addressed through other means, such as nuisance and public health laws.
The mayor also said he wants to be convinced the city council isn't using the animal ordinance to react to a neighborhood dispute between Wendell White and Richard Gries, who live in the 800 block of East Market Street.
White told the council in January he was tired of the nuisance created by goats belonging to his neighbor, Gries.
He said there were also pigs and chickens in his neighborhood, and asked that the city update its animal ordinance for the first time in 40 years by banning farm animals.
A month after White's comments, Councilwoman Toni Smith proposed amending the city's animal ordinance.
"I don't want to see us set a precedent that when there is a neighborhood dispute, we turn out a new ordinance or law. It is not the right way to create laws," Brenner said yesterday.
Amended ordinance: In a 3-2 vote, the council banned all farm animals and limited the number of pets per household to six. The amended ordinance permits only cats, dogs, ferrets, frogs, gerbils, goldfish and carp, guinea pigs, hamsters, lizards, mice (white), rabbits (restricted to European-type), rats (white), salamanders (any tailed amphibian), snakes (nonpoisonous), toads, tropical fish (limited to household aquariums and excluding piranhas), turtles and Vietnamese pot-bellied pigs.
Gries said he will not get rid of his three goats without a legal fight.
Review planned: Brenner said he will review the animal ordinance with city Solicitor Steve Hovis to see if it is enforceable and will withstand a court challenge. He also said he wants to make sure the ordinance is publicly supported and properly addresses citywide concerns.
The ordinance "needs to stand on its own," Brenner said. "I want to make sure it addresses the real issues in the city."
It would take four council votes to overturn a Brenner veto. Councilman Wm. Lee Smallwood and Cameron Texter said yesterday they would not change their vote against the animal ordinance.
Brenner said if he vetoes the bill, he will tell the council why and may recommend some changes.
Responsibility: While Brenner said he does not believe farm animals belong in the city, he said responsible animal owners should not be punished. He also said safeguards to protect city residents against nuisance animals may be more beneficial.
Brenner agreed the ordinance is antiquated and needs to be updated, saying he learned only yesterday of one city resident who has 40 cats.
"Can you imagine what that smells like on a warm, summer night?" Brenner said.
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