Cape Charles passes no-tether ordinance despite pushback
Cape Charles took a stand against the practice of tethering unattended animals by passing an ordinance against it in March.
The infraction is now classified as a Class 4 misdemeanor and punishable by of a fine of up to $250 but no jail time.
“It shall be unlawful to tether any unattended animal whether or not the animal has been provided adequate space. A violation of this section shall be punishable as a class 4 misdemeanor,” ordinance #20170316 states. The ordinance, largely spearheaded by Councilman Andy Buchholz and Planning Commissioner Dan Burke, modifies Article X, Section 50-190 of the Cape Charles Town Code.
"We both felt that with all of the problems that seem to be going on with Northampton County and Accomack County and how people have been treating dogs we felt it was important for Cape Charles to take the reigns," said Buchholz.
The case in favor of stricter guidelines regarding animal welfare is sweeping the Shore. An early March rally drew nearly 20 animal rights advocates to Accomack County before the sentencing of Jose Berlanga in an animal welfare case. Berlanga, 21, was charged with one count of animal cruelty and one count of failure to provide proper shelter in connection with the death of his dog in January.
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An existing ordinance passed in 2004 in Northampton County limits the time an animal can be tethered to 12 of 24 hours and mandates that the tether be at least ten feet in length or three times the length of the animal, whichever is longer.
However, the Northampton County ordinance is virtually impossible to police, said Buchholz. The Cape Charles ordinance is easily enforceable due to the "no tolerance" nature of the law, he continued.
"I think it's a great ordinance," said Shawn Coyte, founder and President of the animal advocacy group Paws for a Better Life, which has members from both Accomack and Northampton counties. "The lack of compassion and respect for nature and non-human life will one day come to haunt us. Putting our own selfish needs before nature is what will destroy us."
Police Chief Jim Pruitt voiced some concerns during the March 16 town council meeting about the potential court cost and associated fees to enforce this law and questioned how the ordinance would affect someone that tied their dog to a post in front of Brown Dog Ice Cream on Mason Avenue while they purchased ice cream, for example.
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The act is now against the law, per the ordinance.
"I can't see charging somebody with a class 4 misdemeanor and a lifetime criminal record because you had your dog on a piece of rope while you're at the beach," commented former police chief and current councilman Charles "Sambo" Brown.
The final vote was 4-2, with council members Buchholz, Joan Natali, Dora Sullivan and Steve Bennett voting in favor and Chris Bannon and Brown voting against the ordinance.