HomeMy WebLinkAboutA003 - Council Action Form dated October 9, 2007 i
ITEM #
Date 10-9-07
COUNCIL ACTION FORM
SUBJECT: ENHANCED DANGEROUS DOMESTIC ANIMAL ORDINANCE
BACKGROUND:
On May 8, 2007, a citizen requested that the City Council enhance the regulation of Pit
Bull type dogs to better protect the community. This letter was referred to staff and a
report was delivered to the City Council on July 24, 2007. The report noted that animal
control incidents involving Pit Bull type dogs have increased since December 2006. In
addition, analysis of these incidents suggested that the Dangerous Domestic Animal
Ordinance could be strengthened in several ways in order to better deal with these
situations.
On September 25, staff presented proposed ordinance revisions to the City Council to
include the following changes:
• The definition of a dangerous domestic animal has been broadened to include an
animal that has seriously injured another domestic animal.
• Serious injury is defined in the ordinance.
• Provocation is defined in the ordinance and, in order to meet the criteria, the
attack or potential for attack must be "without provocation."
• Animal control will have the authority to direct that an animal be secured during
an investigation.
• Proof of financial responsibility will be required for owners of dangerous domestic
animals.
• The confinement standards have been clarified.
• Additional handling and notification requirements have been added.
• An appeals process has been added.
• A process has been added for lifting the Dangerous Domestic Animal
Classification pursuant to a review after three years.
• A requirement to report serious injury has been added to the ordinance.
Since September 25, staff held an additional meeting with interested parties
representing dog owners as well as parties who have witnessed dog attacks. As a result
of that meeting, the following additional changes to the ordinance are now being
proposed:
• Further clarify provocation as it relates to animal behavior.
• Addition of a significant penalty for failure to comply with an order to secure an
animal during an investigation.
• A provision clarifying the responsibility to maintain registration of a Dangerous
Domestic Animal during changes of ownership or possession.
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• A requirement for prompt reporting of Dangerous Domestic Animals that are
missing.
• A 10-fold increase in the level of financial responsibility being required.
• Additional enhancements of the confinement standards.
• A requirement for timely compliance with Animal Control Officer handling
requirements.
• Clarification of appeal requirements and addition of a provision for victim
notification and written reporting of the hearing outcomes.
• Clarification of the Law Enforcement exemption to reflect on-duty behavior.
A copy of the complete Dangerous Domestic Animal Ordinance showing the proposed
changes is attached, with changes made since the September 25 City Council meeting
shown in bold.
ALTERNATIVES:
1. Approve on first reading the proposed Dangerous Domestic Animal Ordinance that
requires additional physical security and liability insurance and that creates an
appeal process for determinations made under the ordinance.
2. Direct that additional changes be made to the proposed ordinance.
3. Take no action, thereby leaving the current ordinance unchanged.
MANAGER'S RECOMMENDED ACTION:
Based on the increasing prevalence of dangerous domestic dog incidents, the difficulty
in identifying responsible parties for some of these animals and the need to ensure the
safety of the public, it is the recommendation of the City Manager that the City Council
adopt Alternative No. 1, thereby approving the enhanced Dangerous Domestic Animal
Ordinance as proposed.
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