Woman fined after calling animal control
A Winder woman is facing more than $638 in fines and probation fees after calling animal control for help with an injured kitten.
Debra Maire was cited for animal abuse and failure to obtain a rabies vaccination after an animal control officer was called to euthanize the animal.
The kitten was fatally injured on June 26, 2009 when one of Maire’s grandchildren accidentally stepped on the cat breaking its back.
Maire immediately sought help for the animal, but, since the accident happened on a Sunday, none of the local veterinarian offices were open.
“We tried everything,” she said. “We had four phones going between me and my neighbors trying to find a vet, trying to find someone to either take the kitten to euthanize it or fix it. They all told me to call animal control.”
When Maire called animal control, the on-call officer was notified.
“Animal control does not work on Sunday,” Maire said. “They told me if the kitten was alive the next day, to bring her in and they would euthanize it.”
Animal control advised Maire that she would be required to pay a $10 euthanization fee.
Maire, who is disabled, lives with her daughter and her four grandchildren. The entire family lives off just $565 a month in government subsidies.
“I can’t afford $10. Every penny I have is in need,” she said. “I told her I had no money.”
A distraught Maire then called the Georgia Society for the Prevention of Cruelty to Animals (GASPCA).
According to Joan Sammonds of the GASPCA, a staff member offered to pay the $10 fee, but the animal control officer would not accept a credit card payment over the phone.
“Whenever you have an animal in distress, especially one that is suffering and needs to be euthanized, it is the obligation of the animal control to put the animal out of its misery,” Sammonds said.
Sammonds called the Barrow County Sheriff’s Office and was patched through to the 911 center which in turn connected her with animal control officer Michelle Beckemeyer.
Sammonds explained Maire’s situation and insisted Beckemeyer go out and euthanize the animal. According to Sammonds, Beckemeyer was irritated to be called out on a Sunday.
Maire said she waited 45 minutes for Beckemeyer to arrive and another ten minutes before the kitten was euthanized. After the kitten was dead, Beckemeyer then cited Maire for failure to obtain a rabies vaccination and animal cruelty.
Sammonds said the citations were retaliatory.
“She was mad that she got called out, so in retaliation she fined this lady for a rabies violation which is the only thing she could think of to do,” Sammonds said. “The animal control officer should be reprimanded for not doing her job.”
Kittens are typically not vaccinated for rabies until they are three to four months of age. Sammonds insists the kitten was only eight to ten weeks old, too young for a rabies vaccination.
The following day, Sammonds called animal control director Jimmy Terrell. According to Sammonds, when she complained about the citations, Terrell said there was nothing he could do.
TERRELL SPEAKS
Animal control director Jimmy Terrell disputes Sammonds account of what transpired.
According to Terrell, when Maire initially called animal control to help the kitten, she was advised to seek veterinary assistance since animal control does not provide medical services. Thirty minutes later, Maire called back and requested the cat be euthanized since she could not afford veterinary care.
Terrell confirmed that his office would not accept the GASPCA payment over the phone at the time the kitten was euthanized, but said he personally approved the request to make a delayed payment.
According to Terrell, Maire was advised that the citations would be reduced to a warning when the $10 euthanization fee was paid.
At the time of the citation, Maire argued that the kitten was not old enough to require a rabies vaccination. Animal control officer Beckemeyer, a veteran officer with almost ten years experience, disagreed.
Terrell said Maire was given three weeks to pay the $10 fee. Once the three weeks ended, an officer was dispatched to Maire’s residence to request payment. Maire refused.
At that point, Maire was issued an additional citation for failure to provide veterinary care and given a court date.
Terrell said neither he nor any member of his department has had contact with Maire since.
MAIRE’S DAY IN COURT
Maire claims the injured kitten was just one of many strays she and her daughter have helped. Maire does not believe she should have been fined for failure to vaccinate an abandoned animal.
Despite Maire’s claims that the kitten was a stray, magistrate judge June Davis said Maire repeatedly referred to the cat as “her” cat.
“It did not become a stray cat until after she got the citation,” Davis said. “The cat was injured while in her care. It was not as if she had just found it on the street, it was her cat.”
Based on the evidence presented, Davis found Maire guilty of not vaccinating the kitten, but did not fine her for animal abuse due to the efforts Maire made in seeking help for the injured animal.
The fine imposed for not vaccinating the kitten was $70.50, according to Davis. Maire was also ordered to pay the county $40 in restitution for the costs incurred to euthanize the cat.
“When she came to court, she could not pay her fine,” Davis said. Because of her inability to pay on that day, she was placed on probation to give her the opportunity to pay her fine over an extended period of time. The probation fees were assessed for a 12-month period and totaled approximately $530 dollars.
“As soon as you pay your fine, probation ends,” Davis said.
However, probation fees continue to accrue while the individual remains on probation. Davis said Maire has paid the restitution charges, but has yet to pay the fine for the rabies citation.
Davis said Maire was told she could appeal the decision, but Maire failed to do so.
“She had her day in court,” Davis said. “The fine was $70.50. All the other is fees that could be waived if she had paid the fine.”
Maire claims she was never advised regarding her rights of appeal. She also denies being offered the opportunity to complete community service instead of paying a fine – an option she said is not possible due to her disabilities.
“If we had just let that kitten suffer and die, they would have charged me with animal cruelty,” Maire said. “We tried our hardest to do the right thing and get the animal euthanized on that Sunday.”
Sammonds of the GASPCA believes the fine is excessive, especially since she is convinced that Maire did not violate the rabies vaccination law.
“It is just an injustice,” Sammonds said. “I would like for them to drop this whole thing and take her off probation. She was not in violation of anything.”
The kitten was fatally injured on June 26, 2009 when one of Maire’s grandchildren accidentally stepped on the cat breaking its back.
Maire immediately sought help for the animal, but, since the accident happened on a Sunday, none of the local veterinarian offices were open.
“We tried everything,” she said. “We had four phones going between me and my neighbors trying to find a vet, trying to find someone to either take the kitten to euthanize it or fix it. They all told me to call animal control.”
When Maire called animal control, the on-call officer was notified.
“Animal control does not work on Sunday,” Maire said. “They told me if the kitten was alive the next day, to bring her in and they would euthanize it.”
Animal control advised Maire that she would be required to pay a $10 euthanization fee.
Maire, who is disabled, lives with her daughter and her four grandchildren. The entire family lives off just $565 a month in government subsidies.
“I can’t afford $10. Every penny I have is in need,” she said. “I told her I had no money.”
A distraught Maire then called the Georgia Society for the Prevention of Cruelty to Animals (GASPCA).
According to Joan Sammonds of the GASPCA, a staff member offered to pay the $10 fee, but the animal control officer would not accept a credit card payment over the phone.
“Whenever you have an animal in distress, especially one that is suffering and needs to be euthanized, it is the obligation of the animal control to put the animal out of its misery,” Sammonds said.
Sammonds called the Barrow County Sheriff’s Office and was patched through to the 911 center which in turn connected her with animal control officer Michelle Beckemeyer.
Sammonds explained Maire’s situation and insisted Beckemeyer go out and euthanize the animal. According to Sammonds, Beckemeyer was irritated to be called out on a Sunday.
Maire said she waited 45 minutes for Beckemeyer to arrive and another ten minutes before the kitten was euthanized. After the kitten was dead, Beckemeyer then cited Maire for failure to obtain a rabies vaccination and animal cruelty.
Sammonds said the citations were retaliatory.
“She was mad that she got called out, so in retaliation she fined this lady for a rabies violation which is the only thing she could think of to do,” Sammonds said. “The animal control officer should be reprimanded for not doing her job.”
Kittens are typically not vaccinated for rabies until they are three to four months of age. Sammonds insists the kitten was only eight to ten weeks old, too young for a rabies vaccination.
The following day, Sammonds called animal control director Jimmy Terrell. According to Sammonds, when she complained about the citations, Terrell said there was nothing he could do.
TERRELL SPEAKS
Animal control director Jimmy Terrell disputes Sammonds account of what transpired.
According to Terrell, when Maire initially called animal control to help the kitten, she was advised to seek veterinary assistance since animal control does not provide medical services. Thirty minutes later, Maire called back and requested the cat be euthanized since she could not afford veterinary care.
Terrell confirmed that his office would not accept the GASPCA payment over the phone at the time the kitten was euthanized, but said he personally approved the request to make a delayed payment.
According to Terrell, Maire was advised that the citations would be reduced to a warning when the $10 euthanization fee was paid.
At the time of the citation, Maire argued that the kitten was not old enough to require a rabies vaccination. Animal control officer Beckemeyer, a veteran officer with almost ten years experience, disagreed.
Terrell said Maire was given three weeks to pay the $10 fee. Once the three weeks ended, an officer was dispatched to Maire’s residence to request payment. Maire refused.
At that point, Maire was issued an additional citation for failure to provide veterinary care and given a court date.
Terrell said neither he nor any member of his department has had contact with Maire since.
MAIRE’S DAY IN COURT
Maire claims the injured kitten was just one of many strays she and her daughter have helped. Maire does not believe she should have been fined for failure to vaccinate an abandoned animal.
Despite Maire’s claims that the kitten was a stray, magistrate judge June Davis said Maire repeatedly referred to the cat as “her” cat.
“It did not become a stray cat until after she got the citation,” Davis said. “The cat was injured while in her care. It was not as if she had just found it on the street, it was her cat.”
Based on the evidence presented, Davis found Maire guilty of not vaccinating the kitten, but did not fine her for animal abuse due to the efforts Maire made in seeking help for the injured animal.
The fine imposed for not vaccinating the kitten was $70.50, according to Davis. Maire was also ordered to pay the county $40 in restitution for the costs incurred to euthanize the cat.
“When she came to court, she could not pay her fine,” Davis said. Because of her inability to pay on that day, she was placed on probation to give her the opportunity to pay her fine over an extended period of time. The probation fees were assessed for a 12-month period and totaled approximately $530 dollars.
“As soon as you pay your fine, probation ends,” Davis said.
However, probation fees continue to accrue while the individual remains on probation. Davis said Maire has paid the restitution charges, but has yet to pay the fine for the rabies citation.
Davis said Maire was told she could appeal the decision, but Maire failed to do so.
“She had her day in court,” Davis said. “The fine was $70.50. All the other is fees that could be waived if she had paid the fine.”
Maire claims she was never advised regarding her rights of appeal. She also denies being offered the opportunity to complete community service instead of paying a fine – an option she said is not possible due to her disabilities.
“If we had just let that kitten suffer and die, they would have charged me with animal cruelty,” Maire said. “We tried our hardest to do the right thing and get the animal euthanized on that Sunday.”
Sammonds of the GASPCA believes the fine is excessive, especially since she is convinced that Maire did not violate the rabies vaccination law.
“It is just an injustice,” Sammonds said. “I would like for them to drop this whole thing and take her off probation. She was not in violation of anything.”
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Mission Statement
The mission of the Barrow County Department of Animal Control Services is to promote responsible pet ownership; enforce state and local animal control laws, and to provide a temporary shelter for stray, unwanted and homeless animals.
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The above is from the Barrow County Animal Control web page. It does not appear to me that Animal Control is responsible for providing routine veterinary services.
This entire episode is a farce. It does appear that Animal Control acted somewhat vindictively, but it also appears the woman was not reasonable either. If the woman can't afford $10 to euthanize a cat, she shouldn't own a cat. Furthermore, it seems like somebody there could have "dealt" with the situation in a much more cost effective manner and without all of the fuss.
There is one charge that should come out of this ordeal though: Misuse of 911 for calling about an injured kitten.
School system ?? We've joyfully paid to keep our children out of them.
Mama always said if you have nothing good to say - say nothing. Those were my good things.
An additonal good thing, we've paid tons in taxes to upgrade our parks - yep that's real important since most of use go to Gwinnett County for rec sports and park use.
So, there is my vent. I feel bad for the kitten and shake my head at how the county treated the situation.