Alva Review-Courier -

As communities grow so do the laws governing its citizens. Many of those laws protect the rights of neighbors by curtailing the rights of others. A new resident of Alva ran into difficulties with an ordinance meant to protect neighbors and voiced her concerns Monday at the Alva City Council meeting. The agenda allows for citizens present to speak, limiting their remarks to two minutes each.

Rena Rice told the council she moved here from Nevada in December and bought the RV park located behind the Bull Restaurant and Saloon. She said her realtor told her could have chickens as she did in Nevada. Rice moved here, staying in a motel with plans to build a tiny house on the property and fix up the RV park. She bought some chickens and then someone asked, "Did you get signatures for those?"

Rice went to the city to get paperwork on how to obtain a variance to the animal control ordinance. The first step was getting signatures of property owners bordering hers. She said she thought it was "ridiculous since I'm way out there, and it used to be a chicken property and a horse property that I live on. It seemed kind of surprising." She obtained those signatures, but she needed to get more from nearby property owners. She needed 51 percent of those to agree, but collected only 50 percent, she said.

"I'm here today to ask you guys to consider letting me have the chickens – I mean it's already cost me, I've already lost $14,000 over this subject, that's another thing that happened – because I had to make other plans for all of my animals because of the animal control problems that are in this town. Every single person I spoke to in this town had a different horror story," she said.

"I've made other arrangements. I'm running out of money so therefore the RV park kind of looks like heck right now. I will have some money in the months to come."

At this point, Mayor Kelly Parker stopped her, "Thank you. The two minutes is up. I will tell you that's been assigned to staff and to get the variance with the board of adjustments. I think the staff are going to work with you to get in front of that shortly because that's not a decision that council will make."

"But they said that you guys make the laws," said Rice. "That's what Sunshine (animal control officer) told me." She said she was told, "The council make the laws. I'm only upholding them." As she continued, Parker stopped her again, "If you'll go through the process with the board of adjustments first. It's not on our agenda. We can't discuss anything as a city council. We instructed staff to tell you it was a board of adjustments issue first."

Parker explained that the matter goes to the board of adjustments to decide if they're going to offer any variances to Alva's code of ordinances.

Again Rice tried to talk, saying she just received approval from another landowner, which would give her over the 51 percent she needed.

"I'm really not trying to shut you down, but we've got to run the rest of our meeting," said Parker.

"Sure, it's a big club and I'm not in it. I got it," said Rice as she gathered her things and left the building.

"We aren't able to discuss items that aren't on our agenda," Parker told the obviously concerned council members. State statutes (more laws) govern how city council meetings are conducted.

Council Comments

After working their way through the business on the agenda, the council came to the "Remarks and Inquiries by Council Members."

Referring to Rice, newly seated Ward 4 Councilmember Joe Parsons commented, "I've not seen too many times when we're swamped with public comments. I think there might be a little wiggle room there or a change of policy where if someone needs a little more time, we can give them a little bit more time."

"I wouldn't be opposed to seeing that added to any item that's voted on," Parsons said. "I know that no one likes long meetings but we're here to serve the people of Alva. And I feel like more civic engagement and people and us telling them that their thoughts and opinions really do matter and we want them here if they have questions or comments, I feel like that would be a good way." He said he felt Rice has not had "the Alva welcome that I would want for someone who's moving to our community and who's opening and investing in a new business."

Councilmember Troy Brooks said, "I think I'd like to see them have more time to talk, especially if there's only one person. We could have some kind of sliding scale that we could adopt depending on how many people are showing up."

"I kind of agree with that," said Councilmember Sadie Bier.

"You open yourself up to a slippery slope," said Councilmember Daniel Winters. "I think it's dangerous. There's no way to know how many people intend to speak or don't intend to speak. Our contact information is publicly available on the (City of Alva) website."

"If we put them on the agenda, they could speak longer," said Brooks.

Mayor Parker said he could give council members some examples of what other cities do about public comments, adding that it's a broad range. Some allow no comments at all.

"Which I see both sides, and I don't want to go to no public comment. I don't think that's right, but two minutes is pretty quick depending on what you're doing," said Bier. She suggested four minutes might be better.

Parker cautioned the council, "We have to make sure that we don't start discussing items that aren't on the agenda."

"And I think you open yourself up to that with increased time," added Winters.

"I will tell you that Ms. Rice was contacted and informed that city council could not take action on this, prior to the meeting," said Parker.

"I think she was here because she's just not happy," said Parsons. "I think a big part of it is animal control (I won't speak a whole ton on that) but she's not the first person I've heard with that issue. It bothers me that we have someone who's investing in Alva who stormed out of the city council meeting so frustrated because they didn't feel like they were being heard."

Mayor Parker asked City Business Manager Stephen Ford to follow up with Rice.

Alva Animal Ordinance

In January 2018, the city council updated the animal ordinance to allow rabbits to be classified as household pets. The amended ordinance defined a household pet as a domesticated animal regularly kept as a pet within a house or enclosed yard, including dogs, cats, hamsters, guinea pigs, rabbits, caged birds or any other animal used to assist handicapped persons.

Animals specifically listed as not being household pets are horses, mules, donkeys, ponies, cows or cattle, sheep, goats, pigs, hogs, chickens, geese, ducks, turkeys, peacocks, swine or other animals, fowls, reptiles, or Vietnamese pot-bellied pigs.

The number of household pets allowed is limited to four of any combination of household pets. There is a 120 day exemption for litters born to household pets. Anyone wishing to own more than four pets must file a kennel application with the city for a license.

Language was also added concerning dogs or cats restrained by a chain or lease on the owner's property. The dog or cat must not be able to come within six feet of a public sidewalk or street or other public property.