Brentwood Looks to Protect Dogs During Extreme Heat

On Tuesday, the Brentwood City Council unanimously agreed to begin working on recommendations to present to Contra Costa County Animal Services that will protect dogs in extreme heat.

The council provided direction to staff to work on several items to regarding domesticated animals being left outside during extreme heat which include:

• Amending the definition of animal cruelty during extreme heat
• Animals Forced to stay on concrete
• Tethering Animals
• Confining Animals
• Water Bowls kept cool (not metal)
• Enforcement
• Outreach to the community

Vice Mayor Susannah Meyer called this item “resident driven” after many residents reached out to her regarding a dog at a local golf course being left outside in the heat for hours on end with allegedly no access to shade or water while tethered with no safe space off concrete.

Back in July, images and descriptions of a dog left in a backyard at the Brentwood Golf Club during extreme heat. Attempts to get the Brentwood Police Department and Contra Costa Animal Services to take action resulted in little action. Residents also attempted to have the owner surrender the dog, but that did not happen.

“Knowing that County Animal Services had gone out to this site multiple times and did not taken action, my thought was what can we do as a city to encourage the county to recognize it is unique in its heat and extreme heat,” stated Meyer. “Maybe we can contribute something to what the county ordinances already are to make sure that the domesticated animals are safe.”

Meyer clarified her request saying this was for domesticated animals, not to make sure barns had air conditioning, but rather for domesticated animals.

“Brentwood has the highest temperatures I’ve seen in Contra Costa County so in speaking with our city manager and Contra Costa Animal Services, if we can move forward with what we would recommend in this area, what we consider to be safe for animals… that we could recommend to the county that they adopt this ordinance,” said Meyer. “It would apply to cities all around the county.”

She continued by saying she spoke with Beth Ward, Contra Costa County Animal Services Director, that if Brentwood gets them something, it could show up at the Board of Supervisors agenda for implementation across the county.

Meyer said she was looking at the animal human society about heat and said they cut it off at around 90-degrees as being safe depending on breed and age.

“It is critically important that they do have access to shade, not tethered in a spot where they cannot move around in the heat, that if water is made available its not in a metal bowl to heat the dog up from the inside out,” explained Meyer. “Its another one of our responsibilities to look at this.”

She also noted she understood they will not get the county to come out on every call and enforcement will be an issue but when people are aware there is an ordinance and they could be fined they are less likely to the behavior—such as littering, dogs on leashes, dogs in cars, or walk dogs in the heat on the hot concrete.

She asked the council to consider recommendations that would be feasible to present to the county for implementation for review by the Board of Supervisors.

“I am bringing it up because I feel like Brentwood could be the poster child for what to do for your domesticated pets when its that hot out. It doesn’t get this hot everywhere,” said Meyer.

During public comments, several residents spoke in favor of the city moving forward.

Councilmember Jovita Mendoza said she was in “full support” of this noting 10-years ago a neighbor had a huskie and it was out in the heat saying she called animal control and send videos everyday because the dog would whimper and cry.

Councilmember PA’Tanisha Pierson said she also agreed but wanted to provide direction to staff because there were already several laws in place which are not specific to outdoors—she read off several laws from leaving animals in cars, animals in crates all day, abandon animals and wanted people to know they can call the police.

Mendoza said people have called the police and if Pierson is reading codes why were they not fining “this guy”.

Brentwood Police Chief Tim Herbert explained it was situation from police being on scene at a specific time and observing it.

“What you may deem cruel to an animal may not be at that present moment,” explained Herbert.

Mendoza replied it was like fireworks, she would think if people had video of the dog why is it good enough for fireworks but not the dog.

“With the fireworks, we have to have an identified party lighting it and if you have it on video and you were willing to testify you took the video, we would cite them for the misdemeanor,” explained Harbor.

Mendoza shot back say there was video of the dog being led by a golf cart and bumped by the golf cart while citing 100’s of comments on the situation. She said the residents being told there was nothing that could be done led to this item being on the agenda.

“There are enforcement issues for sure, this is not going to be saved by having this on a local level” stated Meyer. “We should potentially define animal cruelty if we move forward. The impacts of tethering in heat.”

Meyer also said the District of Columbia has laws that restricting the amount of time you can humanely tether your dog to a solid object in your own backyard, sometimes for as little as 30-minutes. They also cannot be confined for a period of time below 32 degrees or during heat advisories.

Editors Note – per their code:

(4)(A) “Adequate shelter” means the provision of and access to shelter that is safe and protects each animal from injury, rain, sleet, snow, hail, the adverse effects of heat or cold, and physical suffering, and that is of a size sufficient for the animal to stand up and turn around.

(B) For a dog confined outside, the term “adequate shelter” shall additionally mean that:

(i) When the temperature is at or below 40 degrees Fahrenheit, the dog has access to a shelter that has an entrance covered by a flexible wind-proofing material or self-closing door, that contains a platform for the dog at least 4 inches off the ground, and that contains dry bedding, which shall consist of an insulating material that does not retain moisture, such as straw, and is of a sufficient depth for the dog to burrow; and

(ii) When the temperature is at or above 80 degrees Fahrenheit, the dog has access to a shelter shaded by trees, a roof, a tarp, or a tarp-like device.

(5)(A) “Adequate space” means sufficient space to allow each animal to easily stand, sit, lie, turn, and make all other normal body movements in a comfortable, normal position for the animal, while allowing the animal to interact safely with other animals.

(B) Where freedom of movement would endanger or harm the animal, temporarily and appropriately restricting movement of the animal according to veterinary standards for the species is considered the provision of adequate space.

Mendoza asked these recommendations were for the county to move forward with, but what were they going to do as a city.

City Manager Tim Ogden explained the code Brentwood has is the same as Contra Costa County and would coordinate with Director Beth Ward to answer questions on what the laws allow and what could be brought back.

Mendoza said she was “confused” because there are penal codes that the police department could go out and execute on so she was curious what the city was going to do about that.

Ogden replied Pierson cited a code about abusing and torturing dogs and it’s a penal code which is subjective as the chief stated, but if its torture, they can enforce the penal code. If it’s a nuisance and quality of life issue he called it more difficult.

Pierson shared she believed the county dropped the ball on the case at the golf course, but also shared law enforcement cant just enter peoples backyards without probable cause and situations where they cant enter and use fourth amendment right to see if they can or cant enter.

Meyer said while it’s a future agenda item to make recommendations to the county, she would like Brentwood to find ways to protect dogs in the city.

Ogden said Director Ward with Animal Services is the best person to determine what the county can or cannot do and what Brentwood could do to incorporate items into the municipal code to help with enforcement or provide more resources.

The direction to staff to come back with information on possible amendments to be made to the Contra Costa County codes related to animals being kept outdoors during extreme heat including considering whether animal cruelty can or should be used, limits on tethering, requiring access to cool water, limiting hours in extreme heat, and providing ground other than concrete. Pierson added in “county enforcement” as part of the motion.

The council agreed 5-0 to invest staff time and resources into the issue.