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Civil and Criminal issues of Animal Protection Ordinance could affect enforcement


web posted January 26, 2010
COUNTY – An Animal Protection Ordinance being pushed by a local animal advocacy organizer and County Councilman Rodney Ashcraft has been completed, according to County Attorney Michael Medlock on Monday. “It’s in (Ashcraft’s) hands now,” Mr. Medlock said. At this time it is unknown if it will be placed on the agenda for the February 2 meeting of the County Council.

Councilman Ashcraft said he has not reviewed the ordinance at this time and stated he wants to meet with Edgefield County Sheriff Adell Dobey, his staff and Animal Control to get their input on any changes that may be needed or requested. Ashcraft said he would be meeting with the Magistrates today to discuss the effects it will have in their court.

The ordinance could be placed on the agenda in its current form for a first reading and changes made over the following two months. However, Councilman Ashcraft seemed to be more in favor of waiting before introducing the ordinance, although he would not confirm he would not place it on the agenda for the upcoming meeting.

A copy of the draft ordinance has not been made available at this writing.

All “infractions” of the proposed regulations covered under the ordinance are civil in nature, Mr. Medlock stated previously. All criminal charges would still be enforced by the Sheriff’s Office.

The distinction between civil and criminal penalties seems to be an issue that could be a stumbling block on enforcement even if the ordinance is passed. The Sheriff’s Office does not enforce civil matters other than serving civil process notices or summons issued by the courts.

Captain Chris Wash, of the Edgefield County Sheriff’s Office, said last Friday that they have not received a copy of the proposed ordinance and could not comment on the matter until it could be reviewed.

Denise Holcomb, founder of All God’s Creatures, has been a major supporter of the ordinance. She spoke of her support at the January 5 meeting of the county council and wrote a letter to the Editor suggesting that such an ordinance was long overdue. She was also featured in a story listing examples of animal cruelty cases in the county.

An online non-binding petition has also been launched by Holcomb and supporters of the ordinance independent of her organization. She is also circulating a printed petition in an effort to try to influence county council members to support the measure.

County council members are expected to get their first peek at the new ordinance later this week as they prepare for next week’s meeting.
 





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