Animal Shelter Advisory Committee Minutes - 04/16/2021 THE ANIMAL SHELTER ADVISORY COMMITTEE (ASAC) MINUTES
April 16, 2021
Animal Services Center
1207 Hatton Road
Wichita Falls, Texas
COMMITTEE MEMBERS PRESENT:
Nicki Bacon Animal Shelter Administrator
Leslie Harrelson Public Citizen
Marvin Peevey Animal Walfare Organization
Bryan Wade, D.V.M Veterinarian
COMMITTEE MEMBERS ABSENCE:
Angela Bakken Local Rabies Control Authority
Steve Jackson City Council Liaison
OTHERS PRESENT:
Lou Kreidler Director of Public Health
I. CALL TO ORDER
Nicki Bacon, Chair, called the meeting to order.
II. REVIEW &APPROVAL OF FEBRUARY MINUTES
The minutes from the ASAC Meeting from February 21, 2021, were distributed and reviewed. Mrs.
Harrelson made the motion to accept these minutes with a second by Dr. Wade. The motion was
carried.
III. OLD BUSINESS
None
IV. NEW BUSINESS
Ms. Bacon continued with the shelter update and shelter numbers. Ms. Bacon stated that the live
outcome rate for 2020 was 69%. Ms. Bacon stated that in 2019, the live outcome rate was 51%, which
was a significant increase. Ms. Bacon stated that in 2020, the return to owner rate was 23%, and in
2019, the rate was 19%. In 2020, the number of animals sent to rescues, specifically cats and dogs, was
32%, and in 2019, the rate was 19%. Ms. Bacon thanked the rescue groups for stepping up in a big
way. Ms. Bacon went on to state that in 2020, there were 683 dogs and cats that were euthanized which
makes the percentage rate 31% of the animals that came into the shelter. In 2019, there were 1577 dogs
and cats that were euthanized, making the percentage rate 49% of the animals that came into the
shelter. The total percentage of dog and cat adoptions in 2020, was 14% compared to 2019 13%. Ms.
Bacon stated that so far, for 2021, our live outcome rate is 74%. Ms. Bacon went on to say that
obviously, that will change since we are only three months in, but we are hoping to keep the
momentum going.
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Ms. Bacon stated that she went on and included the differences from 2019 to 2020. She said that
there was a 13% increase in dogs and cats that went to rescue. There was a 4% increase in dogs and
cats that were returned to their owners. There was a 1% increase in adoptions. Ms. Bacon stated, which
is still a significant number. Mrs. Kreidler replied that we also were dealing with Covid. Ms. Bacon
went on to say that the shelter euthanized 18% fewer animals in 2020 compared to 2019, and the live
outcome rate increased 18%. Mrs. Bacon went on and stated that since 2018, the shelter has steadily
decreased its euthanasia rate. Mrs. Bacon also stated that she hopes in 2021 and 2022, the shelter can
reach its goal of a 90% live outcome rate. Mrs. Bacon went on and thanked the citizens and rescue
groups stating that if it weren't for them, these numbers wouldn't have been possible. Mrs. Kreidler
replied that even Animal Control had placed a big emphasis on returning animals home to their owners
in the field, which has caused some consternation for some citizens due to the animal being pickup and
being returned home. Mrs. Kreidler continued that she then has to explain that the first time the dog is
picked up, we want to try to get that animal home. Mrs. Harrelson asked if the concerns are because a
dog at large is supposed to be spayed and neutered. Mrs. Kreidler replied no, even in the field, they are
required to be spayed and neutered. Mrs. Harrelson asked then where the consternation is coming from.
Mrs. Kreidler replied because the animal was out, and they took it back home. Because if they were
responsible pets owners, their dog wouldn't be out. Mrs. Kreidler said that nine times out of ten once I
explain why we return the animal, they are okay.
Mrs. Harrelson asked, how do you think the first quarter of this year compares to the first quarter
of last year? Ms. Bacon responded in January of 2020, we had brought in 225 cats and dogs, and this
year we have brought in 184 cats and dogs. Mrs. Harrelson replied, so the shelter is still down. Ms.
Bacon replied, yes, we are still down. Mrs. Harrelson replied that she was wondering since Covid didn't
hit until March of last year. Mrs. Harrelson said that due to Covid, she expected to see that great
progress for 2020 due to many places,Animal Services, and the community shutting down. So with the
community not out there, picking up strays and trying to owner surrender has helped your numbers.
Ms. Bacon stated we also changed the ordinance requiring citizens to make an appointment and then
Covid shutting everything down made it even harder. Mrs. Harrelson stated she expected the numbers
to look glorious, and they do. She was hoping that Animal Services can continue that phenomenal
trend, and so far, it appears we are. Mrs. Harrelson then offered Ms. Bacon congratulations. Mrs. Bacon
replied that was exciting.
Mrs. Bacon went on to say that the intake numbers for 2019 and 2020 were very comparable. Mrs.
Harrelson replied that especially with the increase in what the rescues have pulled. Mrs. Kriedler stated
that the rescues have been amazing. Mrs. Kreidler continued even with the 4% increase in adoptions
since we require the citizens to make an appointment. Mrs. Harrelson replied, yes, it was harder. Mrs.
Harrelson stated that they try to pull exclusively from Animal Services. But they got shut down because
New York got shut down, so our number were less than she wanted them to be, and she was excited to
see that others pick up their slack. Mrs. Kreidler replied, it's just been a very difficult year. Mrs.
Harrelson replied that it really was but way to persevere and tell your team good job.
Ms. Bacon replied that she has sent out emails letting them know what a great job they were doing.
She continued that the supervisory team is also trying to find ways to incentivize the Animal Care
Officers to return the animals back to their owners out in the field because it keeps them out of the
shelter, and those citizens are appreciative.
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Mrs. Harrelson asked would you ever consider a post promoting the positivity of Animal Control.
She continued with that there is the whole privacy thing. Still, if someone was willing, maybe you
could get a picture of just the dog itself and not of the owner. Stating that did you know that Animal
Services would pick up your dog the first time and try to return it to you as long as it is properly tagged
and they have that identifying information as a way to help educate the community and also as kind of
an award.
Mrs. Bacon stated that it could be a discussion. My only concern would be citizens asking so why
they are not having to pay to reclaim it. Mrs. Harrelson replied, so explain it. Put the post out there and
state this is how we're trying to serve our community. If this is a first-time offense, we are not trying to
make money off you. We are just trying to get the pet back to the home that lost it. Ms. Bacon replied
that it is definitely a discussion. Mrs. Kriedler replied that she did agree that Animal Services should
post some of their numbers. Mrs. Harrelson replied that she does think that Animal Control needs to
toot their own horns more. Mrs. Kreider replied that she did agree that the numbers need to be posted.
Ms. Bacon replied not just on the city's web page but on Facebook as well. Mrs. Kreider replied yes.
Mrs. Harrelson replied that people are quick to say that Animal Control doesn't do anything; they
never help. I call them all the time they never respond, and nothing gets done. You could combat that
by saying we issued this many permits this month. We issued this many tickets. We took in this many
animals. We returned this many animals home. We sent this many animals to rescue.Anytime you can
put facts out there, it will help. Mrs. Kreidler stated that posting our monthly numbers with some of the
statistics that Ms. Bakken started keeping last year would be a great start. Ms. Bacon replied that she
was 100% on board with that idea.
Ms. Bacon continued on to ordinance discussion. This pertains to our ordinance implementation
and the things we've seen since we've changed our ordinances, and what is going on. So with our
reclaim, we thought that after the second time, we shouldn't see any issues because the owner should
have spayed or neutered their animals. What Animal Services is thinking that should be added to the
ordinance is, and we are debating whether it should be the second or third time if the animal comes in
and is still not neutered or spayed regardless of receiving citations, we hold the animal and take them to
their spay and neuter appointments personally like we do now with adoptions. What are the
committee's thoughts on that idea? Mrs. Harrelson stated that she would support animals being spayed
or neutered, so that makes sense. Mrs. Harrelson asked Mrs. Bacon if there was a problem with
compliance. So even though they are having to go a pre-pay somewhere they're just not following
through. Ms. Bacon replied yes. Mrs. Harrelson stated that they see that. Mrs. Bowman, the Animal
Care and Adoption Supervisor, sends them a list every week, and there are a lot of no-shows.
Ms. Bacon replied I know some veterinarians are not giving the citizen's their pre-pays back which I
think is a good idea. That incentivizes them to keep their appointments, but it is still not enough. Mrs.
Kreidler replied that when they pre-pay for their appointment and no-show, that it is still a cost for the
veterinarian. Mr. Peevey stated that he thinks it should be after the second impound because anyone can
have a family emergency, but if they miss that second time, there is no excuse. Mrs. Harrelson asked if
there was any feedback from the city council on what they would go for. Mrs. Kreidler replied, we have
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not. This is the first decision discussion that we are having. Mrs. Harrelson advised that she would
support it either way. Dr. Wade stated he would support the third time. Mr. Peevey stated that he thinks
it will have an easier time passing the city council if it was the third impound. Ms. Bacon thanked the
committee for their feedback.
Ms. Bacon continued with under section 14-452 of the city ordinance under the cruelty of animals
section that Animal Services recently had a court case regarding the shelter. Ms. Bacon went on to
further advise that the defendant's lawyer did notate that the ordinance stated the shelter shall be roofed.
The ordinance does not say anything about gaps in the roof or the three solid walls or if the roof needed
to be sturdy. Ms. Bacon advised that they were looking to reword that portion so that it reads that it
must have three solid sides, a solid attached roof with no gaps, openings, and the like, and shall have a
solid floor. Ms. Bacon asked if anyone had any other ideas for wording this portion of the ordinance
because the defendant was contesting that they did have a roof. Mrs. Harrelson replied that a good
lawyer is going to poke holes in anything, so you just have to try to be as bulletproof as possible and
stated that she supported the wording. Mr. Peevey replied that he also supported the new wording.
Mrs. Kreidler asked Mrs. Harrelson if she would like to discuss the email, she sent to her after
snowmageddon since they were discussing shelter about the animal being required to be brought in.
Mrs. Harrelson replied yes. Then continued that her proposed ordinance changes would be that the
animals would be brought in during extreme temperatures. Mrs. Harrelson then read that animals would
be required to be inside during extreme weather conditions. The state law right now defines extreme
temperatures as a heat advisory that has been issued by a local or state authority or jurisdiction—a
hurricane, tropical storm, or tornado warning that has been issued by the national weather service.
When the actual or effective outdoor temperature is below 32 degrees Fahrenheit or below, Mrs.
Harrelson informed the committee that this was in line with what Animal Control can do already when
it too cold or too hot outside. This also falls in line with the Tufts University chart. All the research I
could find and I am sure that veterinarians can speak to this that there are no incidents of death or an
animal freezing if the temperature is 44 or above,but when the temperature starts to get below 44
degrees depending on the body conditions of the pet. So you just can't say large dog or small dog
because it could be a really fat, well cared for small dog or an emaciated, very sick large dog, and it has
a less chance of surviving after the temperature is below 44 degrees. Mrs. Harrelson advised the
committee that where she came up with bringing the animal in when it was below 44 degrees, and
again this falls in line with Animal Services because right now, your current rules are if a pet is in a car
and the temperature is below 45, or above 85 that's considered a danger. So I thought bringing the
animals in at that time should just be part of the ordinance that we pursue. That way, we are not relying
on Animal Services to try to determine if the animal is in danger or not. Also, animals outside in
extreme weather conditions should be treated as imminent danger. That would give Animal Control a
little more lead way with stepping foot on-premises if need be when seeing animals outside.
Mrs. Harrelson advised that she look up the enforcement for that situation. What I have written is that
Animal Services has the right to seize animals in imminent danger when waiting on a warrant that
could result in death. In fact, failure to provide aid could be argued as cruelty and would not bode well
for us when we are trying to protect animals. Texas law deems cruel situations where a person must fail
to act or fail to provide care to an animal. Failure to act or provide care rises to the level of cruelty
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when it involves failing to provide necessary care, food, shelter, or abandoning an animal. Necessary
care, food, and shelter is statutorily a fine when food, care, or shelter that is required to maintain the
animal is being withheld. Mrs. Harrelson stated that she thinks they could easily make a case for that.
She continued with stepping onsite without a warrant.Arguments for trespassing could be met with the
following. In situations where cruelly treated animals are in open view of neighbors or passersby, the
courts have extended the open field doctrine.
The open field doctrine permits warrantless entry. The fourth amendment protects people, not
places. When a person knowingly exposes to the public is not subject to the fourth amendment
protection. So if you can see it and it is in plain cognitive view, it is not subject to the fourth
amendment protection. So the Texas court has upheld those warrantless entries and seizures of cruelty-
treated animals under the emergency doctrine. This doctrine states that seizures are allowable when
there is a need to act immediately to protect life or prevent serious injury. So if the animal is in open
view and you can see it through a chain-link fence or if you're in an alley and you can see the back
yard, then it's not protected by the fourth amendment. So we could make a pretty strong case for that if
that is something you wanted to pursue stated Mrs. Harrelson. Mrs. Kreidler asked Mrs. Harrelson to
forward her that information so she could discuss it with legal. She went on to say that when Ms.
Bacon was doing her research, she couldn't find any information. Ms. Bacon stated she even search
Minnesota, and Chicago all of the areas that are known for extremely cold weather. Mrs. Harrelson
stated that the North and the Midwest tend to be much more progressive with animals and animal
welfare than we are. Our animals are animals, and we are shipping our animals to them because they do
not have homeless animals or shelters full of animals. So it probably is not a problem for them. Mrs.
Bacon informed the committee that there isn't a state law stating that an animal has to be brought in.
She also stated she called the Texas Animal Safety Commission, and there was nothing stating that an
animal had to be brought inside a home, but it did state it needed adequate shelter. Mrs. Harrelson
replied adequate shelter in extreme weather. Mrs. Bacon then stated that it included the three solid
sides, roof, and floor. There's a lot of things that we can do like Noah does or FEMA does is put out an
advisory that states that this is how you can keep your animal safe during cold or hot weather. Mrs.
Harrelson said that when the weather is below freezing for days and days on end, a dog will freeze in a
dog house. The lip in front of an average dog house is four inches, and we received over a foot of snow.
Mrs. Kreidler replied that they weren't saying that it was something that they wouldn't consider. There
would just be barriers. That it would be difficult to pass as the dog riding in the truck. Mrs. Harrelson
replied that she understood but didn't think they should table or back off on ensuring that animals have
appropriate shelter. Because an animal staying outside in a dog house when it is below freezing for
days on end is going to end up freezing. Ms. Bacon replied an option could be that during a freeze or
colder weather like they have done in other cities where the weather is colder. The shelters had to be
lifted off the ground. So that it is protected from the rain and the snow, those are things that we could
look at as being part of inclement weather. Mrs. Harrelson replied that's how we need to approach it as
in extended inclement weather. Mrs. Kreidler replied that we might have better success at 32 degrees
instead of 44 degrees. Mrs. Harrelson replied that she knew that but with the Tufts body scale and all
my research that stated 44 and below is unsafe. The state does define extreme weather conditions as 32
degrees and below. Mrs. Kreidler replied that might be more palatable for City Council.
Mrs. Harrelson replied that another option is given the citizens options that may not have a way to
bring their animals inside. So we need to give them options, and I am willing to be one of those options
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like the Humane Society did this last time. Some people don't have heat for themselves or limited
options of heat like a fireplace or a space heater. But if they do not have a way to provide adequate
shelter for their animals, I would like for us as a community to have some options available. Mr.
Peevey replied that looking at it from another perspective. With P.E.T.S and the Humane Society being
non-profits, we need to be doing the legwork and looking at the expense. Because the city council is
looking at it as tax dollars, so we would need a plan. Mrs. Harrelson stated that when there is a
declaration of a natural disaster, then FEMA pitches in money so that could cover the cost. Some
citizens didn't have water because their pipes froze, and there were places for people to go but not in
place for the animals. I just think we should have a plan in place for the animals in that situation.
Mr. Peevey asked if the shelter had a generator. Mrs. Kreidler replied that, yes,Animal Services has a
generator and that it doesn't supply power to the whole building, but it does supply power to the dog
runs. Mrs. Harrelson stated that she was looking into getting a generator due to her clinic being shut
down due to the weather.
Mrs. Bacon continued with the next item that they were working at changing is in the adoption portion.
It was added that it was mandatory for all pets living currently in the home had to be microchipped. She
explained that it has been a big barrier and has hindered some of the adoptions. Some applicants have
said these are my pets, and I am not going to microchip them and have walked out. So we are just
proposing to remove that portion in the ordinance which could help increase our adoptions. Mrs.
Harrelson replied that she is okay with doing that. Mr. Peevey stated that he also agreed with removing
that part of the ordinance. Dr. Wade stated that if removing it would be more beneficial to assisting
with getting more adoptions, he agreed with removing that portion in the ordinance.
Mrs. Bacon informed the committee that the responsible pet ownership class was going well. That
Animal Service has seen a lot of participation and that Animal Service has been able to return many
pets back to their home due to the free or reduced cost. The Animal Care Officers are really pushing
this course in the field when it comes to either writing a citation or mandating the class. They are
mandating the class as an option. They have been utilizing the class as a great tool which has been very
beneficial. Mrs. Kreidler asked if tickets have been issued for those that fail to show up to class. Ms.
Bacon replied that they had issued citations for those failing to show for class. Mrs. Harrelson stated
that she was glad to hear that the class was going well despite COVID and offered Ms. Bacons
congratulations.
Mrs. Kreidler informed the committee that another new service that Animal Services were getting
ready to start is that Mrs. Bowman, the Animal Care and Adoption Supervisor, was going to start
animal behavior classes. So if a citizen adopts from us, they can take the class that goes over basic
commands to help reduce adoption returns. We placed a fee with the class. It's five dollars per class
because we feel like if they had to pay something, then they would be invested in the class.Another
thing that we decided is if a foster has a dog from a rescue group, they can take the class for free. Mrs.
Harrelson replied that she thought that was a great idea.
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ADJOURN
No date was set for the next meeting in July. Mr. Peevey made the motion to adjourn. Dr. Wade
seconded the motion to adjourn. The motion carried all were in favor.
/1/-e-JA; (4'e-c4`- t -
Nicki Bacon Date
ASAC Chairman
Anim /yervices Adm' 'strator
12®2
Steven Parady ate
ASAC Recording Secretary
Animal Services Sr.Admin Clerk
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