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Bainbridge woman removes horses from yard

By Paul Tambasco
News Editor

Under threat of possible fines, Garner resident Shelly Spicer removed two horses this weekend that she had been keeping in her backyard at 103 Bournemouth Lane. Since Thanksgiving, the animals had been running free inside a fenced half-acre lot in the Bainbridge subdivision off New Rand Road.

One of two horses roams a Garner woman’s backyard in the Bainbridge subdivision Friday, Dec. 11. PAUL TAMBASCO, GCNT

In recent weeks, the Garner Police Department told Spicer she had to remove the animals, which violated a town ordinance that requires at least an acre of land for each horse.

Spicer removed the horses this past Saturday, said Sgt. Chris Clayton, spokesman for the GPD.

Three weeks to comply

Despite past animal-related complaints and a recent written agreement with police to stop helping wayward animals, Spicer received three weeks to comply with town law without being issued a fine.

An animal control officer first talked with Spicer about the horses Nov. 20. She told them she was finalizing the sale of her home and would take the horses with her when she moved.

Police gave Spicer two weeks to correct the violations.

But when authorities returned Dec. 7, the horses were still in the yard. According to Spicer, the closing date for her new home had changed. The animal control officer agreed to extend the deadline another week. The officer gave Spicer more time in part because she appeared to be taking care of the animals, Clayton said.

Spicer was not fined, despite a recent instance of keeping animals in cramped quarters. In September animal control officers seized 26 dogs — including a dead puppy — from Spicer’s home. Spicer was fostering the dogs, which she found on Craigslist, in an effort to save their lives, police said. After being confiscated, however, some dogs were found to have parvovirus and were later euthanized. Others were prepared for adoption.

Both episodes involved animals, but authorities felt justified in dealing with them independently, Clayton said.

“In September she just got in over her head. … I’ll let you make that connection, if you want,” Clayton told a reporter for The Garner Citizen earlier this week.

Police dropped all charges in connection with the fostering incident in exchange for Spicer signing an agreement that prohibited her from fostering, boarding or sheltering any more animals within town limits.

Having the horses did not violate that agreement, Clayton said. Police said she told them the horses were her pets.

It is unclear where the animals were kept at night or during storms. There are two large sheds in the yard as well as an above-ground pool in Spicer’s yard.

Reached by phone Tuesday, Spicer said she was trying to take care of the animals and did not know they were prohibited in a neighborhood. She saw horses at a nearby rodeo and thought it would be OK, she said. The property on which the rodeo is located is not inside town limits.

“I wasn’t told that I wasn’t allowed to have them,” Spicer said.

She said neighbors and the police have been trying to persecute her.

“I don’t know why you are all making such a big deal,” Spicer said. “I just want people to leave me alone.”

In the last three years, police have responded to about a dozen animal-related complaints involving animals under Spicer’s care. Most were nuisance-type complaints, ranging from incessant barking during the night to a stray St. Bernard mix found at the post office on Benson Road.

Despite her history of animal issues, police said the horse violations were handled appropriately and in a reasonable amount of time.

“Our goal was to get her into compliance, and that has now occurred,” Clayton said.

After Spicer missed the first deadline, the town looked at other ways to fix the violations, including removing the horses from the property. They explored placing the animals at a rescue or at a county facility. Under town law, the town could have cited Spicer $100 a day for violating the ordinance.

Police did not believe the penalties were necessary at that point. They did not yet know what to do with the horses if she failed to move them, Clayton said.

“Simply fining her at that point would not have made the horses disappear,” Clayton said.

The GPD receives a number of animal calls each year. Clayton said he cannot remember another instance of horses being kept in a small subdivided lot.

“It’s unusual,” he said.

On to greener pastures

Neighbors were surprised by the new, long-legged guests on the block. Several declined to comment about the horses. Others hardly noticed the horses.

Because of work, neighbor Steven Lyons did not know the horses were there until last Friday when a neighbor told him.

The sight of horses in his neighborhood was startling.

“I was like, ‘Is this allowable?’” he said.

Lyons does not know Spicer well but says she has been friendly.

Spicer has moved the animals to her new residence — outside town limits, police said. A real estate sign is posted in the yard advertising the lot for sale. Spicer said she is ready for a new start.

“I can’t wait to get out of Garner,” she said.

A buyer may have to replace grass in the backyard that has been eaten by the horses. Neighbor Jim Smith had concerns that the animals did not have enough to eat and were confined in a space with their own waste.

He still has questions about the situation, but he is satisfied the animals are moving to greener pastures.

“I don’t know why they were there, but they are gone,” Smith said. “As far as I’m concerned, it’s a closed case.”

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