Council plods on animal cruelty, sprints toward anti-smoking bus stop code

On Aug. 7, Carol Vorous discusses proposed dog tethering code that would add teeth to animal control enforcement of neglectful cruelty – as she has done with both the town and county governments since Feb. 3. Photos/Roger Bianchini

Shortly after agreeing to return a draft animal cruelty ordinance to the County with additional questions after nearly seven months of discussion between local animal rights activists, the Town and County, the Front Royal Town Council confronted an issue it decided to put on the decision-making front burner.

That issue – parents smoking at school bus stops.

The issue was brought forward by Councilman Chris Morrison.  Two members of the public present at the August 7 work session came forward to address the issue.  Jose Osorio said he had seen parents smoking at school bus stops and that since smoking causes cancer and is a generally recognized health risk he thought the town government should address the issue.

That sounds like a good idea that needs to be done REALLY quickly, Mayor Tharpe may be thinking as Jose Osorio advocates for a no smoking at school bus stops town ordinance.

Sarah Griffith observed that a public school student who was on oxygen for health reasons could not use a bus stop where parents smoked.  She did not, however, cite any specific instance of such a situation existing in town.

Town Attorney Doug Napier suggested that putting up signs asking people not to smoke while accompanying their children to bus stops might act as a deterrence without the necessity of a code change.  However, Mayor Hollis Tharpe countered that with “hundreds and hundreds” of school bus stops in the Town such a strategy was impractical.

“I don’t think anyone on council will have heart problems about passing it,” the mayor said of a town ordinance prohibiting smoking at school bus stops.  He then suggested the issue be addressed as an emergency ordinance change.  Code changes defined as emergencies require only one vote of approval, rather than the normal two votes at meetings scheduled two weeks apart.

Jacob Meza wondered at the emergency nature of such a code.

John Connolly asked what the rationale for the code would be.  The town attorney responded that public health could be the justifying legal basis.

William Sealock questioned how enforceable such a code might be.

The mayor replied that enforcement would be the purview of the town police.  Present for meeting security, Town Police Captain Jason Ryman was asked to comment.  Ryman noted that any such code would have to be specific enough to be enforceable.

A perceived lack of specificity on definitions of basic concepts such as “adequate shelter” in the animal cruelty discussion heard earlier has been a major point of contention for several months on both the Town and County side of the animal cruelty/tethering debate.  Of course whether the enabling state code is really that vague about the concept of “adequate shelter” for dogs has also been a point of debate over those months of discussion about a community-wide strengthening of animal cruelty codes to protect the town and county’s canine population from neglectfully abusive owners.

As for the decision to issue a criminal code violation, even if a minor one, for smoking at a school bus stop, it was observed that “like jaywalking it would be a judgment call” by the law enforcement officer on the scene.

Asked about proceeding toward a code change, emergency or not, Mayor Tharpe pointed out, “We can’t do it because a couple people want it, we have to do it because the town wants it.”  So, the mayor propelled a cause he appeared to quickly embrace forward toward “a public hearing and emergency ordinance” vote.  Town Manager Joe Waltz told council that as soon as the town attorney had drafted an ordinance change, it would be forwarded to a public meeting.

And there the public will have a chance to weigh in on the relative emergency status of the potential there are parents blowing smoke in children’s faces at school bus stops; or that an unspecified Warren County Public School student on oxygen is not able to use the closest bus stop to their home because of smoking parents who might risk blowing their oxygen tank up.

One might think a few dogs documented by county animal control to be suffering from neglectful abuse, but without a perceived existing code guideline strong enough to prevent it over the past six-plus months would love that kind of enthusiastic rush toward protection from the town (or county’s) political leadership.