City updating animal control ordinance, increasing fines

At the city’s regular meeting on Monday, Oct. 7, commissioners reviewed changes to the city’s animal control ordinance and a resolution that would increase fines for dangerous animals.

City attorney Travis Peterson said he and commissioner Jim Belquist worked together, along with input from Eddy County Sheriff Paul Lies, to draft the new ordinance language.

After review and discussion of the proposed changes, commissioners approved a first reading and will likely consider a second and final reading, expected at their regular meeting in November.

The changes are a response to several complaints received from city residents this year, along with reports that some have been bitten by dangerous animals, leading to the impoundment of at least two pitbulls this summer.

Among the first proposed changes to Chapter 11-01 of the city ordinance, regarding the definition of a “dangerous animal.”

The new language reads: “‘Dangerous animal’ means any animal which bites or in any other manner attacks or attempts to attack any person or other animal off the premises of the owner; or any animal that habitually attacks or injures any person or other animal without provocation; or otherwise endangers the safety of or menaces human beings or other animals.”

The new ordinance language makes it clear that keeping or harboring an animal deemed dangerous by the city is “unlawful,” something the current ordinance does not stipulate.

The new language also states that residents being attacked by a dangerous animal may use “reasonable force” to protect themselves, and that law enforcement “shall impound any animal suspected of being dangerous.”

“If said animal cannot be safely seized and impounded, then it shall be the duty of any law enforcement officer to destroy such a dangerous animal for the protection of the public,” states the new language.

The proposed changes also include new language regarding noisy animals, vaccinations, and destruction of property, some changes more impactful than others. But in each case new language has been added regarding the penalty and fines for violators of those sections.

The following has been tacked on to each section of the city’s animal control ordinance: “Any person violating this section is guilty of an infraction. Fees for violation of this section shall be established from time to time by resolution of the City Commission.”

A person guilty of an infraction cannot face jail time, but can be subject to hefty fines. If the new language is adopted in a second reading, those fines will no longer be outlined in the ordinance itself, but instead in a resolution.

A first reading of that resolution was also approved on Monday.

If ultimately adopted, the fine for keeping a dangerous animal would increase from $25 on the first offense, to $250. The fine for a second offense would increase to $500, and $750 for a third offense.

Fines for an animal at large are more lenient, starting at $0-25 for the first offense, $50 for the second offense, $75 for the third offense and so on. The fine structure for noisy animals is similar, with the addition of $25 for each offense.

For impounded animals, the first redemption will cost the owner $25 plus $10 for every day the animal was impounded. The initial cost jumps by $25 for each subsequent redemption, still with the additional cost of $10 for every day the animal remains impounded. A complete look at all the changes proposed in the city ordinance, as well as the resolution regarding fines, are available at New Rockford City Hall.

Also on Monday, commissioners held a public budget hearing and ultimately approved their final 2025 budget.

No residents chose to speak at the budget hearing, and discussion of the 2025 budget was relatively short.

The amount of property taxes the city will levy in 2025 increased modestly to $385,752.74, an increase of just over $13,000 from their 2024 budget.

Total estimated revenue for 2025, including property taxes and funding set aside for the airport project, comes in at just under $2.8 million. Estimated expenses for 2025 total $2.67 million.

Commission President Stu Richter said he’s feeling positive about the city’s financial standing.

“In light of what’s going on everywhere else, we felt that it was pretty positive that we could stay the course financially as well as we are,” said Richter. “... I think financially things are going pretty well.”

Richter thanked city auditor Andrew Presnell for his work on the budget, as well as George Ritzke, the former city auditor, who lent a hand finishing the budget.

The city’s next regular meeting is scheduled for Monday, Nov. 4 at 9 a.m. in City Hall.