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Milford Council going to the dogs?
September 09, 2008 at 12:02 pm
By RYAN HORNS
Neighbors dispute zoning laws concerning canines
Can one dog be as much of a nuisance as a dozen?
A dispute between two neighbors over dogs unearthed possible zoning issues in regards to housing pets during Monday night's Milford Center Village Council meeting.
The discussion stemmed from the Aug. 11 village council meeting when resident Dale Phelps complained that Dale Romp (his neighbor) owned six dogs and was violating village zoning laws. He felt the dogs were a nuisance.
Romp said that Phelps was only complaining about the dogs because of a different dispute the two were having.
Last night the issue was addressed in more detail. Romp said the village zoning codes are outdated and could use a new look because they violate his rights and would affect his passion for animal rescue.
"It is my charity," Romp explained, "to take care of these animals so that they are not destroyed."
Mayor Bob Mitchell referred the issue to the equipment, building and grounds committee for further review.
Village solicitor John Eufinger explained during the Aug. 11 meeting that Section 93.51 of the Ohio Revised Code prohibits anyone "from having livestock or three or more dogs in a penned yard, lot or enclosure within 100 feet of another dwelling."
Romp said there is a difference between having dogs that live outside in pens, and having dogs that live indoors and go outside for exercise or to go to the bathroom. His dogs live indoors and therefor are not subject to the rule. He said there are already laws against operating kennels in homes. That is an agricultural business. His situation is not.
By the end of the Aug. 11 meeting Mayor Bob Mitchell suggested Romp take his dogs out to go to the bathroom two at a time instead of all six at once, and the issue would be dropped.
But Romp was back Monday night to explain that he has done more research, and after speaking with county and state officials, he learned that Milford Center may have outdated laws regarding the housing of pets.
Several council members acknowledged that the laws on their books may have been created in the 1980s.
Romp said he disagreed with council's decision for him to only take his dogs out two at a time. He asked them to amend their laws and update the codes.
Councilman Chris Burger disagreed. He said that if the laws were changed it would "open the door" for people to own "a thousand dogs."
"It could open ourselves up to having kennels," councilman Tom Barnhardt added.
Romp said redundancy is the main issue. There are already laws regarding kennels, nuisance dogs, stray dogs, noise violations and more. All of these laws can be used to enforce against the improper care of animals. But to limit the number of animals a person may own to three is akin to "police power over private property."
Romp said by updating the laws, council would be able to take care of the larger issue of animal control. He said there are stray cats and dogs around the city. Several of which have already harmed residents.
He said Urbana and Marysville do not have number limits on owning pets. Delaware, however, does have limits.
Councilman Jeff Parren asked if this could mean Delaware also has outdated laws?
Burger said that before any decision is made on the issue he would first like to talk to Delaware and Urbana officials.
Council did not set a committee meeting date for the issue because the village solicitor will need to be contacted first.
In other discussions:
• Barnhardt provided an update on the village application for a Union County Health Department grant.
He said the village has applied to receive $15,000 for new sidewalks, $15,000 for a new playground to be located at Liberty Park, and $6,500 for a community garden to be located near village hall and the fire department.
Barnhardt said the reception for their grant application was "very positive."
He said the village will learn if they have been given the grant by early October.
Mayor Mitchell thanked Barnhardt for his good work on the grant proposal.
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