Fort Smith animal regs pushed back 90 days

story by Luke Hobbs
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In Tuesday’s regular meeting, Fort Smith city directors voted to again table a pair of animal control ordinances, this time for 90 days.

The ordinances would require all owners of dogs and cats to register their pets and would also establish new spay and neuter regulations. Directors gave the ordinances a first reading at the March 15 regular meeting, then voted on April 5 to table the items for six months.

The board recently appointed a seven-member animal task force to study animal control issues in Fort Smith and recommend policy changes. The task force was originally given 30 days from its first meeting to make recommendations, but has since extended that period to 90 days.

In Tuesday’s meeting, City Director Kevin Settle moved to re-table the ordinances for 90 days, so the task force can finish its work and give input before the board decides how to act.

City Director Steve Tyler initially disagreed with Settle’s timeframe and offered a counter-motion to re-table the ordinances indefinitely. Tyler said he wanted to allow the board freedom to bring the ordinances back up more quickly, if the task force finishes its work sooner than the 90 days.

But City Attorney Jerry Canfield told directors the board can choose to bring up any issue at any time, so setting a 90-day period to table the ordinances would not preclude the board from hearing them again sooner.

Tyler then withdrew his motion, and Settle’s 90-day motion passed unanimously.

LIGHT ISSUES
Directors voted to approve an ordinance regulating exterior lighting in residential neighborhoods. The ordinance provides a way for citizens to lodge complaints if they believe a neighbor’s outdoor lighting is intrusive to their own property.

The board first examined the issue in a September study session after several citizens complained to directors about light trespass from houses near their own homes.

The new ordinance prohibits citizens from allowing excessive glare from their outdoor lights. Glare is defined in the ordinance as “the effect produced by a light source in the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability of reasonable persons of ordinary sensitivities.”

Under the new ordinance, citizens who believe they are getting excessive glare from neighboring houses can make complaints to the police department in the evening hours. Police will then visit the complainant’s home, confirm the complaint, and direct the person to contact the city prosecutor for enforcement.

Wally Bailey, city planning director, told directors on Tuesday that complaints will not be anonymous. Anyone registering a complaint against a neighbor for excessive glare must appear in court to prove their complaint, he said.

City Director Don Hutchings asked Bailey how citizens can prove that any glare is excessive. Bailey responded that the city prosecutor and county judge would likely have to visit the neighborhood to determine whether the complaint was justified.

Directors approved the ordinance, 7-0.

OTHER BUSINESS
Among other issues, directors also approved the following ordinances in Tuesday’s meeting:
• An ordinance setting up a five-year sales tax program for capital improvements of streets, bridges, and related drainage, along with a 2012 sidewalk program. The capital improvements program is funded by a one-percent sales tax, while the sidewalk program is funded by building permit assessment fees.

• An ordinance renewing the city’s current millage rates. The city levies eight mills currently, with five going to the general fund and three supporting the library, police pension fund, and fire pension fund, respectively.

• An ordinance establishing new storm drainage standards. The previous standards, which were originally adopted in 1975 and updated in 1987, were outdated, according to an internal memo from City Engineering Director Stan Snodgrass. Under the new standards, which were written with the help of local engineering consultants, city engineers will design drainage for a 10-year storm frequency.