Earle City Council on horse pen request: ‘Nay’!

’City rejects resident’s proposal for livestock permit

news@theeveningtimes.com

Earle City Council turned down a request by a resident who had asked if it would be okay to keep a horse on his property for his granddaughter.

Citing an existing ordinance that prohibits livestock in the city limits, the consensus of the Council decided that they did not want to amend the law.

“My issue is the legality,” said Councilman Robert Malone. “If it says no, then it’s no. We move on. I say we follow the ordinance.”

Bill Kirtley told the Council at its February meeting that he bought the horse for his granddaughter and asked for permission to keep it on three acres of land located north of Hwy. 149 by Apollo Acres subdivision.

Kirtley had planned to build a stable and round pen for the horse, but wanted to make sure it was okay with the city before he made any improvements.

Building Inspector Bobby Luckett met with Kirtley and visited the property, but told the Council that although there is enough land for the horse, allowing the horse would violate the city’s prohibition against livestock.

“There is enough land for it,” Luckett said. “The problem is, it is right behind Apollo Acres. That would be the issue. If we go by the ordinance, he won’t be able to bring the horse in. That’s cut and dry.”

While sympathetic to Kirtley’s request, Mayor Sherman Smith said the law has been on the books since 1989 and was passed to stop the smell and health issues from people having livestock in their back yards.

“It says what it says,” Smith said. “Back then, chickens and pigs were a problem. So the intention of the law was to disallow it because it was smelly and unhealthy.”

Smith pointed out that there is another resident in the city limits on Hwy. 49 who has horses that have been there for several years that the council will also have to deal with unless they amend the ordinance.

“It’s just one of those situations,” Smith said. “The ordinance doesn’t address land requirements. Even if you have 20 acres, you’d still be wrong.”

Smith went down the row and polled every member for their view on the matter and whether they wanted to amend the ordinance.

Councilwoman Jimmie Barham said she’s not sure whether she wants to amend the ordinance.

“We already know we have one out of compliance,” Barham said. “Those people who are out of order have been here several years.”

Councilman Donnie Cheers said he wanted to stick with the current law.

“If you amend the ordinance, what’s to stop the next person from putting some cows or some pigs or some donkeys?” Cheers said.

Councilman Charlie Young agreed.

“I’m going with the ordinance,” Young said.

Councilwoman Tyneshia Bohanon said she is in favor of amending the ordinance.

“It’s interesting,” Bohanon said. “I appreciate him coming before us to ask. I say amend the ordinance.”

Smith said he is reluctant to change the ordinance without hearing from the residents who would be affected.

“My concern is what kind of feedback will we get from the people living in Apollo Acres?” Smith said.

Councilwoman Sandy Holloway, who has had horses before, agreed with Smith and said Kirtley’s property is too close to Apollo Acres to take a chance of having odor problems for residents in Apollo Acres.

“I’m going to go with the ordinance because we have not gotten the opinion of the people in Apollo Acres on having a horse in their back yard,” Holloway said.

“If they said we don’t have a problem with it, I might change my mind. I’ve had horses before. It’s not a big deal to me. But they do put off odors and they do have big horse flies. I’m sorry Mr. Kirtley, but those people have a right to their property and having it the way they want it too.”

Kirtley thanked the Council for sending Luckett out to see the property and for considering his request.

“If it’s not feasible to change the ordinance, then I will have to go by the ordinance,” Kirtley said.

“But I didn’t see any harm in coming up and asking. I feel that was the best way to do it.”

Kirtley asked the Council to consider making an exception for the property that currently has horses.

“As long as you haven’t had any complaints about smell, I’d hate to see you put a burden on this man,” Kirtley said.

“Are you trying to say leave him alone,” Smith jokingly asked.

“More or less, yes,” Kirtley said. “He’s far enough away from the city. He doesn’t have any neighbors that would complain about the smell.”

Luckett said while he has never had any complaints about the horses, he still has to follow the law.

“I will mail them a copy of the law,” Luckett said.

“Whether it’s hogs or goats or whatever, my job is to do what I’m supposed to do unless you make an amendment.”