Attorney to review leash ordinance options for Tecumseh

By DEB WUETHRICH

Representatives on the Tecumseh City Council are ready to pursue further discussion on whether the city should amend its animal ordinance to require that leashes be used with dogs. There has been a growing number of resident concerns through phone calls to the city or at council meetings regarding the encountering of dogs not leashed — or under the owner’s control — either while walking in city neighborhoods or in places such as local parks. A couple of months ago, Tecumseh resident Lolly Luegge described an incident in her neighborhood and asked the council to consider revisiting the leash law issue.

At Monday’s meeting, resident Lois Lane read a letter that she had written to the newspaper about her experience of encountering another dog while walking her own on a leash, and her resulting injuries from the incident. She asked the question, “When I’m on public property, being a responsible owner, what protection do I have against irresponsible owners?”

A report from Tecumseh Police Chief Mack Haun noted that the police department actually gets very few calls related to un-leashed dogs, with the vast majority of dog complaints being for barking dogs or dogs running at large. Haun said the current ordinance could use a change in language regarding “dangerous dogs,” however.
City Manager Kevin Welch said city officials had considered several amendment versions of the document, both with and without a leash, and one with stronger language on what constitutes “reasonable control.” A third version was offered for discussion purposes at Monday night’s meeting. This version included the following:
“No dog shall be allowed to run at large in the city unless the dog is under the reasonable control of the owner. For the purposes of this section, a dog shall be deemed under such reasonable control: (1) When the dog is with the owner or some member of the owner’s family on the owner’s property. (2) When the dog is on the premises of the owner, and not with the owner or some member of the owner family, but none the less restrained by a secure fence, electric fence, or tether. (3) When leaving the property of the owner and leashed under the control of a person physically able to control the dog. Leash length shall not exceed 8 feet.” Exceptions are also made when dogs are enjoying the city’s Dog Park at Zorn Park. The proposed ordinance also includes language regarding dangerous dogs, as well as steps that would be followed.

“We think this one would be a good compromise,” said Welch. He said that the City Attorney, Laura Schaedler, has yet to review the document, but asked if the council would like to have it brought back to the next meeting for a first reading.

“I am not in favor of a leash law,” said Council member Dick Johnson who voted No on the recommendation to bring it back for a first reading. “I think the law that we have on the books now is more than adequate. It says specifically that a dog has to be under reasonable control of the owner. I don’t see any sense in making more ordinances that we aren’t going to be able to enforce any better than what we have currently. I’m just not in favor of it.”

Council member Larry Van Alstine, who frequently walks his dog on a leash throughout the community, said he would favor such a change in the ordinance.

“I would be strongly in favor of a leash law,” he said, pointing out that the compromise version addresses some of the issues that have come up, such as allowing a dog to be in the resident’s yard as long as the owner is out there and the animal is under reasonable control. “As somebody who puts in many miles a week with a dog on a leash in this town, I know there are certain areas where dogs are not restrained by their owners, and I think they should at least have that opportunity,” he said. Van Alstine also liked the fact that the ordinance addressed electronic fence and tethering issues.

Council member Mary Deming said she is in favor of a leash law but said she would like to hear more discussion on how it would be enforced. “I’m in favor of a leash ordinance but I want to make sure we aren’t creating an ordinance we can’t enforce,” she said. Haun said that incidents of dogs not being leashed would have to be witnessed by a police officer or the animal control officer in order for immediate action to be taken. Citizens may file a complaint, however, and an investigation would ensue. “You’re probably looking at about a week’s time for all that to take place in that case,” said Haun.
The council members are expected to discuss the ordinance amendments and to consider a first reading at the next council meeting, or one at which City Attorney Laura Schaedler could be present.

In other business, the Tecumseh City Council members:
• Approved a Special Permit for the 2008 Appleumpkin on Oct. 11-12.
• Approved a resolution authorizing a nonexclusive agreement with D&P Communications regarding an easement in various locations for control boxes in exchange for services, to include fiber optic cable to all city owned buildings and the Business and Technology campus.
• Adopted a resolution granting local approval of an IFT application submitted by Rare Tool for personal property in the amount of $135,943 for a period of 12 years.