Council rejects ordinance to fine, prohibit ownership for animal abusers

Published 12:00 am Saturday, September 30, 2000

ERIK SANZENBACH / L’Observateur / September 30, 2000

LAPLACE – Animal control and the administration got two black eyes from the St. John the Baptist Parish Council Tuesday evening.An ordinance drafted by the Animal Control Advisory Board that would have increased the fine for simple or aggravated cruelty to $1,000 and would have prohibited any person convicted of simple or aggravated cruelty from ever owning or buying a pet was rejected by the council.

Councilman Duaine Duffy moved to reject the ordinance saying, “This is a bad piece of legislation, and I reject it.”Duffy said the increased fine violated state law that says only a fine of $500 can be imposed. Plus, he felt the second part of the ordinance wasunconstitutional and could not be enforced.

But Kay Durr, chairperson of the ACAB, said she had sent the legislation to state Attorney General Richard Ieyoub and he had said it was OK with his office. Durr said she was waiting for the written opinion.Council attorney Barry Landry cited Section 33-43 of the Louisiana State Constitution that states a population center of 25,000 or less cannot levy a fine of more than $500 or 30 days in jail.

“The fine here is over the state law,” Landry told the council. “We areexceeding the state’s authority.”As for the second part of the ordinance, Landry gave the opinion that the state does not allow such punitive actions, but he is willing to hear other arguments.

“I am very interested to hear the opinion of the attorney general,” said Landry.

Lester Rainey asked if the ordinance could be tabled then re-written when the attorney general handed down his opinion.

“I would rather table it than reject it,” said Rainey.

But Duffy replied, “Why keep tabling it? The attorney general’s report could take months.”The vote to reject the ordinance passed 5-4 with Rainey, Allen St. Pierre,Dale Wolfe and Melissa Faucheux voting against the motion.

Later Durr said she wasn’t worried. She said the attorney general’s opinionwould back her up and she would re-submit the ordinance as soon as she got the paperwork from Baton Rouge.

On a related issue, Rainey lambasted the administration for the way they hired the new kennel master for the animal shelter.

The parish hired Vickie Grabert to the position last week. However, Raineywas upset because parish employees and residents of St. John Parish werepassed up in favor of Grabert.

Rainey was also concerned because Grabert’s application was dated Sept. 11and the advertised deadline for applications was Sept. 8.”A parish employee was denied the position,” said Rainey. “A person withseven years experience with the SPCA was not hired, even the former St. John Animal Shelter kennel master was not hired. Yet, Ms. Grabert, with onlysix months experience working at an animal hospital, was hired. How did thisperson end up getting the job?” William Coleman, director of St. John Parish Human Resources, explainedthey did offer the job to the man who had worked for the SPCA, but the man had turned down their offer and the parish employee did not have the necessary qualifications for the job.

Rainey was not satisfied with the explanation.

“The administration has to clean up its act. This does not look good,” Raineytold Coleman. “I’m tired of hearing about animal control.”Later, Parish President Nickie Monica was not concerned over Rainey’s anger and didn’t seem inclined to hire anybody else other than Grabert.

“I am responsible for hiring and firing in the parish government,” said Monica.

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