The City of Alcoa has drafted a new animal control ordinance. Here's a recent Maryville Daily Times article on it.

Here's the full draft of the proposed new ordinance (PDF format).

Overall it looks like a good ordinance that puts safety and animal welfare first and foremost. (Bonus: there's a pooper scooper provision complete with fines.) There are a couple of minor exceptions (and one major exception: see 10-133) that might need re-thinking. Take a look and tell us what you think in comments. Ours are listed after the jump.

By the way, did you know there is an existing requirement to register your pets in Alcoa? We didn't. The Mrs. already went down this morning to get Pupster legal. Act now and avoid the increased fees!

Read more after the jump....

10-101 Definitions:

Attack. The term “attack” means an unprovoked attack in an aggressive manner on a human in which the victim suffers a scratch, abrasion, or bruise; or on a domestic animal that causes death or injury that requires veterinary treatment."

Maybe this should include "puncture or laceration" just to be clearer. (Although there is a later definition for "severe attack", so maybe that covers it.)

Muzzle. The term “muzzle” means a device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or animal. Such device shall not interfere with the animal’s ability to breathe.

This should also specify that the muzzle can't interfere with the animal's ability to drink water.

Sec. 10-105. Maximum number of animals per household:

No person shall keep, lodge or maintain in excess of four (4) dogs and / or cats over the age of six (6) months. For the purpose of this ordinance the head of the household is responsible for meeting the requirements of the maximum number of animals allowed.

This seems unreasonable, especially for cat people. It also reads as a total of four pets in any combination of dogs or cats.

A couple of changes might be considered. First, maybe the standard should be no more pets than the owner can adequately and humanely care for without causing a nuisance. In an apartment, this might be two cats or a cat and a dog. In a large house with a one acre fenced yard, it might be three cats and three dogs. The number four seems arbitrary and could actually lead to an increase in the number of strays or pets in shelters.

At any rate, maybe there should be a "grandfather" clause to exempt current owners of more than four pets as long as there haven't been any complaints.

Sec. 10-111. Impoundment of animals running at large:

(a) It shall be the duty of any authorized officer to apprehend and impound in an animal shelter any animal found running at large.

(c) Any animal not claimed within the times provided in the subsection (b) may be destroyed or sold.

Item (b) should maybe be changed to ten days for tagged animals, and tags should include a valid rabies tag and/or tag with the pet owner's contact information instead of just a valid city tag. For untagged animals, it should be seven days. There should also be a requirement for animal control officers to check for micro-chips and check the registries in a timely manner if found. There should also be a requirement for notifying pet owners, if known, in an adequate and timely manner.

Sec 10-133. Right of Entry:

It shall be the duty and authority of the Chief of Police or his authorized representative to enter onto any premises, public or private, to make inspections for the purpose of carrying out the provisions of Chapter 10.

This section gives law enforcement carte blanche to enter someone's private property, including a dwelling or other building, without a warrant (we confirmed this). This would seem to be unconstitutional. It would also seem that the City of Alcoa is opening itself up to a federal civil rights lawsuit if this were ever enforced. It is our understanding that this is already in the current ordinance, and that there are only minor changes to the verbiage.

Suggested changes might be to allow entry and inspection of property that is outside and in plain public view, such as a yard or a lot, and to require a warrant pursuant to a valid complaint to enter a dwelling or other building except in cases where there is a clear, observable, and imminent threat to an animal's safety such as a fire or other emergency.