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HomeMy WebLinkAboutA002 - Memo to Mayor and City Council from City Attorney's Office dated October 5, 2007 Memo Legal Department 0 Caring People Quality Programs Exceptional Service TO: Mayor Campbell and Members of the City Council FROM: Judy K. Parks, Assistant City Attome DATE: October 5, 2007 SUBJECT: Dangerous Animal Draft Ordinance Attached please find the proposed ordinance to revise the Dangerous Animal provisions. To assist you in analyzing this,I have provided a copy with editing marks in place.Underlined words are those which will be new to the ordinance. Those which are underlined and in boldface are additions and changes which were made as a result of input from meeting with interested citizens and entities since the last time you considered this matter. These were not present in that earlier version. Any words which are not in bold print or underlined are from the current version of the ordinance. 10-05-07 DIVISION II DANGEROUS DOMESTIC ANIMALS Sec. 3.201. PURPOSE. The purpose of the sections in Division II of this chapter is to establish regulations to protect the public from the hazards associated with dangerous domestic animals which are now or may hereafter be kept in the City. (Ord. No. 3030, Sec. 1, 12-20-88) Sec. 3.202. DEFINITIONS AND DETERMINATION OF DANGEROUS DOMESTIC ANIMALS. (1) It shall be unlawful for any person to keep a dangerous domestic animal except as otherwise provided in this section. For purposes of this section"Dangerous Domestic Animal"means: (a) Any animal which has inflicted serious injury on a person without provocation. (b)Any animal which has at the animal's own initiative, seriously injured or killed a domestic animal. (c)Any animal owned or harbored primarily or in part for the purpose of animal fighting. (d)Any animal which by breeding,training, disposition or behavior may pose a potential risk of attacking and inflicting injury without provocation upon people or other animals. "Provocation" for purposes of this subsection, means that the threat, injury or damage caused by the animal was sustained by person who, at the time,was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing_or assaulting the animal, or was committing or attempting to commit a crime. "Serious Injury"for purposes of this subsection means any physical injury to a human being or a domestic animal as a result of an animal's actions which demonstrate an intent to harm resulting in a major fracture, muscle tears, disfiguring lacerations or which requires multiple sutures or corrective or cosmetic surgery. (2)DETERMINATION OF A DANGEROUS DOMESTIC ANIMAL. Decisions The determination as to whether a particular animal is a dangerous domestic animal shall be made by the City Animal Control Officer on the basis of reasonable evidence,which may include, but is not limited to, consideration of a verified report of an incident involving unprovoked aggressive behavior directed at a person or a domestic animal; any provocation or trespass on the part of the animal attacked; compliance, or lack of same,with all animal control ordinances on the part of any animal or the person responsible for any animal; or and the opinions of experts. (3) SECURING ANIMAL . (a)During the period of investigation, the Animal Control Officer or designee shall have the authority to order the owner or keeper of an animal under investigation to secure that animal. This may include the directive that the animal be secured off the premises of the owner or keeper, at the owner's expense. (b) Failure to strictly comply with all conditions of the order to secure an animal during investigation shall be a municipal infraction punishable by a fine of$500 for a first offense and $750 for any subsequent offense Each day that the violation occurs or is permitted to exist constitutes a separate offense. (c) If the Animal Control Officer has reason to believe that the animal threatens the safety of persons the public or domestic animals, the Animal Control Officer may enter upon any premises upon which the animal is kept and remove the animal from those premises to a place of impoundment. Entry onto said premises shall be only with the consent of the person in lawful control of the premises, or after obtaining a search warrant pursuant to law. (Ord. No. 2936, Sec. 1, 10-15-85; Ord. No. 3030, Sec. 1, 12-20-88; Ord. No. 3509, Sec. 1, 1-26- 99) Sec. 3.203 REGISTRATION REQUIRED. (1)All animals within the scope of section 3.202 shall be registered with the City Animal Control Officer by all adult person(s) responsible for the keeping of the animal. Failure or refusal to register each such animal, includin&stating providing the animal location where the animal resides and its identifying characteristics, on forms provided by the City, shall constitute a violation of the Ames Municipal Code. Failure to re-register , is moved to miothcr location, or to report wi animal as missing, shail also be a violation hereof (2) Re-registration is required in the event animal's owner, keeper or possessor is changed or the animal's place of residence is moved to another location. The registration require- ments attach to the animal and compliance with all registration requirements shall be the strict duty of any person or entity which acquires ownership, keeping, or possession of the animal. (3) The registration of an animal shall be renewed annually. The premises and facilities where such registered animals are is kept shall be inspected annually,unless there is reason to believe animals are being improperly kept or cared for, in which case inspections may be made as the Animal Control Officer deems necessary. The City Council may establish a schedule of fees to cover costs of administration and inspection. (4)In the event the an animal registered pursuant to these provisions is found to be missing, this event shall be promptly reported to the Police Department or Animal Control. (Ord. No. 3030, Sec. 1, 12-20-88) Sec. 3.204. PROOF OF FINANCIAL RESPONSIBILITY REQUIRED. (1)Any person kegpinlz a dangerous animal within the scope of section 3.202(1) shall be required to prove financial responsibilit for injury or damage that may be caused by the animal by either: (a)posting a cash or surety bond in the amount often one hundred thousand dollars ($100,000.00), or(b)presenting a certificate of insurance issued by an insurance company licensed to do business in this state,providing,personal liability insurance coverage as in a homeowner's policy,with a minimum liability amount of one hundred thous=d one million dollars ($1,000,000.00 for the injury or death of anyperson, for damage to property of others, and for acts of negligence by the owner or the owner's agents, in the keeping or owning of such potentially dangerous animal The certificate shall require notice to the City, in conformity with general City standards for certificates of insurance if the underlying_policy of insurance is cancelled for an reason If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for a period of up to thirty days following a determination that an animal is a dangerous animal within the scope of section 3.202. (2) Failure to provide a certificate of insurance after thirtydays shall be a violation of this section and the dangerous animal shall be subject to removal or shall be humanely destroyed at the expense of the person keeping the dangerous animal. Sec. 3.205. CONFINEMENT STANDARDS. All animals within the scope of Sec. 3.202(1) shall be confined pursuant to a confinement plan approved by Animal Control. If such confinement facilities are indoors, all access doors must be continually locked.. If such confinement facilities are outdoors, they must be securely constructed with chain link or masonry fence sides, with securely attached ceilings and with a concrete floor securely attached to the sides of the pen. Entrance gates must be continually locked with a key or combination lock. A perimeter fence of appropriate height and material to prevent escape must be built at least 4 feet from the primary enclosure most and shall be built to surround all sides of the enclosure not adjacent to a solid wall of a building. When taken outdoors, whether on or off the owner or keeper's premises, the animals must at all times be muzzled and leashed with equipment which has been approved by the Animal Control Officer, or confined in a vehicle, cage or other animal carrier so as to be out of the reach of passersby (Ord. No. 3030, Sec. 1, 12-20-88) Sec 3.206 ADDITIONAL HANDLING REOUIREMENTS In addition to insurance and confinement, the Animal Control Officer shall have the authority to place additional handling requirements on any animal which is within the scope of Section 3.202(1) and to require timely compliance with the requirements. Any or all of the following conditions may be imposed: (a)the requirement that the animal be spayed or neutered at the owner's expense by a specific date and proof of same furnished to Animal Control: (b)the requirement that the animal be photographed by Animal Control, and implanted at the owner's expense with a microchip containing owner identification information. The microchip information shall be registered with Animal Control; (c) the requirement that the owner and animal shall satisfactorily complete a pet safety course pre-approved by the Animal Control, at the owner's expense; (d) that the animal shall at all times be required to wear a conspicuously colored collar with permanently affixed owner identification, (ee) that the owner of the dangerous animal has posted on the premises a clearly visible written warning sign stating that there is dangerous animal on the property with a conspicuous warning symbol that informs children of the presence of a dangerous animal. The sign shall be very visible from the public roadway or 50 feet, whichever is less, and (f)that the animal have current rabies vaccination and furnish proof of same to Animal Control. Sec. 3.207. REMOVAL. When the Animal Control Officer determines that the owner has failed to camrot keep an the animal in compliance with the standards set out elsewhere in this chapter, and that the animal presents a risk of harm to the public,the City Animal Control Officer shall order in writing that an owner shall have an animal euthanatized htmimiely destroyed within ten(10) days of the order. Failure to comply with the Animal Control Officer's order shall be a violation of this section. (Ord. No. 3030, Sec. 1, 12-20-88; Ord. No. 3509, Sec. 1, 1-26-99) Sec. 3.208. APPEAL PROCEDURES. Appeal of Euthanasia Order (1)An person who receives an order from the animal control officer requiringthat a dangerous domestic animal be removed and humanely destroyed as provided in section 3.207 magppeal the order by filing a written notice of the appeal to the Chief of Police within seven days of the date of the order. The written appeal shall state the grounds of the appeal, including how the person proposes to keep the dangerous domestic animal in a manner that is in compliance with the standards set out in this chapter, and how the person proposes to reduce the risk of harm that the dangerous domestic animal poses to the public. (2)Upon receiving a notice of appeal, a hearing shall be convened, chaired by the Chief of Police or designee, to receive any testimony or other evidence that is deemed appropriate concerning the Euthanasia Order. (3)When an appeal has been filed,Animal Control shall make a reasonable effort to notify any persons who would have had direct involvement in the situation which led to the euthanasia order, including those persons who were injured or who are owners or keepers of any animals which were injured by the Dangerous Domestic Animal. (4)The appeal shall be heard by a committee appointed by the Chief of Police and consisting of a minimum of three people, including a member of the public, a dog professional, and an Animal Control director from another agency or his/her designee. (5) Following such hearing, the Committee max (a) Whold the decision of the animal control officer and order the dangerous animal to be destroyed; (b)modify or reverse the decision of the animal control officer, after which the animal control officer shall take such action as is necessary to carry out the decision of the Committee. (6) The decision of the Committee and the reasons for it shall be summarized in writing and provided to the person who filed the appeal. Appeal of Registration Requirement (1) An person who receives an order from the animal control officer requiringthat hat a dangerous domestic animal be registered as provided in section 3.203 may appeal the order bX filing a written notice of the appeal to the Chief of Police within seven days of the date of the order. The written appeal shall state the grounds of the appeal. (2)Upon receiving a notice ofpppeal a hearing shall be convened chaired by the Chief of Police or designee to receive any testimony or other evidence that is deemed appropriate concerning the determination that an animal be registered. (3)When an appeal has been filed,Animal Control shall make a reasonable effort to notify any persons who would have had direct involvement in the situation which led to the registration requirement, including those persons who were injured or who are owners or keepers of any animals which were injured by the Dangerous Domestic Animal. (4)The appeal shall be heard by a committee appointed by the Chief of Police and consisting of a minimum of three people including a member of the public, a dog_professional, and an Animal Control director from another agency or his/her designee. (5)Following such hearing, the Committee may: (a)uphold the decision of the animal control officer and order the dangerous animal remain registered under the conditions imposed; or Lb)modify or reverse the decision of the animal control officer, after which the animal control officer shall take such action as is necessary to carry out the decision of the Chief of Police. (6)The decision of the Committee and the reasons for it shall be summarized in writing and provided to the person who filed the appeal. Sec. 3.209. LIFT OF REGISTRATION REQUIREMENTS If any animal previously determined to be subject to registration as a Dangerous Domestic Animal has not exhibited any of the behaviors specified under Section 3.202(1)(a) for a period of thirty six 36)months since the date of the registration, then that animal is eligible for a review of the determination with a potential for liftingthe registration requirements. Application for such review shall be the responsibility of the owner and must be filed with the Animal Control Department. The review shall be completed by a committee appointed by the Chief of Police and consisting of a minimum of three people, including a member of the public, a dog_professional, and an Animal Control director from another agency or his/her designee. Sec. 3.210 REPORTING OF INCIDENTS REQUIRED It shall be the duty of any person having knowledge of an incident in which any domestic animal has caused serious injury to a person or another domestic animal to report that incident within 24 hours of its occurrence. Failure to do so is a violation punishable as a municipal infraction. Sec. 3.211 POLICE SERVICE DOGS EXEMPT Police Service Dogs which are in active use by a Law Enforcement agency shall be exempt from the Dangerous Animal provisions.