Although the local animal shelter is funded by the city of Nacogdoches, more than half of the animals processed through the facility last year were brought in from Nacogdoches County.
"Of the 5,212 animals we received last year, 56 percent were from the county," shelter supervisor Jennifer Harris said. "They were either brought in and surrendered or were strays."
Of course, it's likely that many of the animals brought in by county residents were dumped there by city residents. In any case, controlling the animal population is as much a problem for the county as it is the city — a problem that can be solved only with the cooperation from the county, the city and all residents.
Budgeting
While the city animal shelter doesn't receive funding from the county for services provided by the animal shelter, the city doesn't pay the county for housing the city's prisoners.
"It's a complex issue and more of an exchange of services than an exchange of money," City Manager Jim Jeffers said.
While the city's policy of taking in animals brought in by residents outside the city "is expensive," Jeffers said, "it's probably the most effective way to minimize the impact of stray animals on the community.
"A lot of cities say they will not accept animals from outside the city," Jeffers said. "Historically, I've found that doesn't work. If the shelter refuses to take them, they will just dump the animal out, and then we have problems with strays."
County limitations
Because there is no leash law in the county, there isn't much the county can do in response to complaints of unrestrained animals. And because animals do roam freely, uncontrolled breeding adds to the animal overpopulation problem.
Sheriff Thomas Kerss said the only real way his office can respond to animal complaints is if the animal is a danger to others or their property.
"An animal that attacks someone, tears up property or chases livestock is dealt with by our office," Kerss said. "It's also important to note that property owners have rights. With that said, they have the right to protect themselves and their property and dispatch the animal if they feel the need."
Precinct 4 County Commissioner Tom Strickland, said because county government is an extension of state government, they are only allowed to enforce state laws.
If there is no state law to require that animals be leashed, county commissioners cannot enact such an ordinance.
"We don't have ordinance-making power, but if a dog is loose and is a threat, we can and do respond to that," Strickland said. "The sheriff's department goes out on many calls of dangerous animals."
However, some Texas counties have enacted such ordinances. Harris County has regulations governing leash requirements and pet licensing through the county, according to the Harris County Public Health and Environmental Services Web site.
"There are a few areas where state law has allowed a county to adopt specific orders," Kerss said.
However, Harris County points to section 121.003 (c) in the Texas Heath and Safety Code that says a county can enforce a law "that is reasonably necessary to protect the public health."
The specific section allows a county employee to issue citations for violations in an unincorporated area of the county.
Harris County points to this particular section of public health and safety because an unrestrained animal or an animal without its shots can be potentially dangerous to others.
Dr. Ann Doyle-Anderson, who is on the Health Code Advisory Committee in Nacogdoches and the founder of St. Francis Rescue, helped draft the current city animal ordinances and has kept up with animal control legislation. She said she is researching how Nacogdoches County can develop ordinances like Harris County has in place.
"They (the county) have the authority, it's just a matter of implementing it," Doyle-Anderson said. "It's obvious that we need to bring ourselves into line with other places."
It's still questionable though as to whether Nacogdoches County can apply the same law as Harris County, according to Strickland, who said population is an important and deciding factor in how a county can govern itself and set ordinances.
"When you start talking about millions in population, like in Harris County, they live by a different set of rules than we do here in Nacogdoches County," Strickland said. "There are different levels of authority throughout the government code. There are laws for populations under 50,000 that are more lenient that we are with 60,000 in population.
"But the way it reads for us right now, we do not have the authority to make animal ordinances out in the county," Strickland said.
Random breeding
One of the biggest challenges the county faces regarding the animal population in the county stems from animals being free to breed randomly.
Many times, people will bring in litters of kittens or puppies they don't want because their dog or cat bred with another animal, and the litters are not wanted.
"We have those repeat offenders, who, like clockwork, will bring in litters every six months," Harris said. "We keep records of all this, so we know who the repeats are."
To hopefully curb this problem, Harris said she requires documentation showing the mother animal has been spayed or the owners will have to surrender the mother for adoption along with the litter.
"That's not to say we will euthanize the mother. We will put her up for adoption, too, and she will have to be spayed before she is adopted," Harris said. "If we keep taking in these litters continually, then we aren't getting to the root of the problem. They will just bring in more unwanted litters.
"It's cheaper on the taxpayers to just have your animal spayed," Harris said.
Another problem is people who dump animals on the side of county roads.
"We do experience dumping issues," Kerss said. "Dumping is illegal and falls under the cruelty-to-animals statute. We don't need an ordinance to enforce that — it's against the law."
However, people are rarely caught in the act of dumping the animals. Instead, the county ends up having to address the problem when the animals become a nuisance.
"Dogs and cats are by nature pack animals, and when the pack starts showing up and causing problems, that's when we get the call," Kerss said.
Harris said the animal shelter cannot address calls out in the county, but can only assist the sheriff's office as needed.
"We cannot go in the county; we have to refer them to the sheriff if there is a problem," Harris said. "I hope to be able to work with the county to get ordinances for the county to control the animal problems. If it's a problem in the county, it affects the city, too. I need to help the county so the county can help us."
