No preview available
HomeMy WebLinkAboutORDINANCE 5875113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5875 File Number: 2016-0197 AMEND § 92.31 DANGEROUS ANIMALS AND ENACT § 92.07 INHUMANE TRAPS PROHIBITED: AN ORDINANCE TO AMEND § 92.31 DANGEROUS ANIMALS TO PROVIDE THE ANIMAL SERVICES DIVISION WTH ADDITIONAL OPTIONS TO DECLARE AN ANIMAL DANGEROUS AND ALLOW THE REHOMING OF A DANGEROUS ANIMAL WITH THE APPROVAL OF THE ANIMAL SERVICES SUPERINTENDENT, AND TO ENACT A NEW § 92.07 INHUMANE TRAPS PROHIBITED. WHEREAS, the City Code currently requires behavioral observation by an Animal Control Officer before an animal may be declared dangerous and other options should be given to Animal Services staff to further enhance the safety of our citizens; and WHEREAS, the City Code also prohibits the rehoming of a dangerous animal even if the Animal Services Division determines that rehoming would be in the best interest of Fayetteville residents and the animal itself, and WHEREAS, following the death of a citizen's pet cat in a jaw trap that was set out by a neighbor attempting to catch groundhogs, staff recommends enacting a prohibition on the use of inhumane traps in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 92.31(A) and enacts a replacement § 92.31(A) as shown below: "An animal may be designated by the Animal Services Division as a dangerous animal as defined in § 92.01 Definitions by any of the following procedures: Page 1 Printed on 5118116 File Number: 2016-0197 Ordinance: 5875 1. Upon the filing of a complaint with the Animal Services Division against the owner or harborer of an animal and based on the behavioral observation of the animal by an Animal Control Officer. 2. Upon the filing of a sworn affidavit with the City Prosecutor against the owner or harborer of an animal and based on a review of the affidavit and any supporting evidence by an Animal Control Officer. 3. Following the designation of the animal as dangerous or vicious by another governmental body or agency. A dangerous animal shall be kept and confined in accordance with this section." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of § 92.31(B) to read as shown below: "The dangerous animal shall not be sold or given away without the written authorization of the Animal Services Superintendent." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 92.07 Inhumane Traps Prohibited as shown below: "No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap, leg hold trap, or any trap or snare that captures an animal other than rats and mice, by gripping or snaring any part of the animal including its body, head, neck or limb, or that maims or causes the inhumane death or suffering of any animal." PASSED and APPROVED on 5/17/2016 Attest: W,4 Sondra E. Smith, City Clerk Treasurer *X�%111n11111'r �► s rA, • • � FAYEEVILLE • '� ZZ Page 2 Punted on 5118116 City of Fayetteville, Arkansas 113 West Mountain Street / Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0197 Agenda Date: 5/17/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 3 AMEND § 92.31 DANGEROUS ANIMALS AND ENACT § 92.07 INHUMANE TRAPS PROHIBITED: AN ORDINANCE TO AMEND § 92.31 DANGEROUS ANIMALS TO PROVIDE THE ANIMAL SERVICES DIVISION WTH ADDITIONAL OPTIONS TO DECLARE AN ANIMAL DANGEROUS AND ALLOW THE REHOMING OF A DANGEROUS ANIMAL WITH THE APPROVAL OF THE ANIMAL SERVICES SUPERINTENDENT, AND TO ENACT A NEW § 92.07INHUMANE TRAPS PROHIBITED WHEREAS, the City Code currently requires behavioral observation by an Animal Control Officer before an animal may be declared dangerous and other options should be given to Animal Services staff to further enhance the safety of our citizens; and WHEREAS, the City Code also prohibits the rehoming of a dangerous animal even if the Animal Services Division determines that rehoming would be in the best interest of Fayetteville residents and the animal itself; and WHEREAS, following the death of a citizen's pet cat in a jaw trap that was set out by a neighbor attempting to catch groundhogs, staff recommends enacting a prohibition on the use of inhumane traps in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 92.31(A) and enacts a replacement § 92.31(A) as shown below: "An animal may be designated by the Animal Services Division as a dangerous animal as defined in § 92.01 Definitions by any of the following procedures: 1. Upon the filing of a complaint with the Animal Services Division against the owner or harborer of an animal and based on the behavioral observation of the animal by an Animal Control Officer. 2. Upon the filing of a sworn affidavit with the City Prosecutor against the owner or harborer of an animal and based on a review of the affidavit and any supporting evidence by an Animal Control Officer. 3. Following the designation of the animal as dangerous or vicious by another governmental body or agency. City of Fayetteville, Arkansas Page 1 Printed on 5/18/2016 File Number.' 2016-0197 A dangerous animal shall be kept and confined in accordance with this section." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of § 92.31(B) to read as shown below: "The dangerous animal shall not be sold or given away without the written authorization of the Animal Services Superintendent." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 92.07 Inhumane Traps Prohibited as shown below: "No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap, leg hold trap, or any trap or snare that captures an animal other than rats and mice, by gripping or snaring any part of the animal including its body, head, neck or limb, or that maims or causes the inhumane death or suffering of any animal." City of Fayetteville, Arkansas Page 2 Printed on 511812016 Justine Lentz City of Fayetteville Staff Review Form 2016-0197 Legistar File ID 5/17/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/13/2016 Animal Services / Submitted By Submitted Date Action Recommendation: Development Services Department Division / Department An ordinance to amend Chapter 92 Animals to include additional methods of initiating a dangerous dog declaration and to provide for the option of rehoming an animal declared dangerous with the approval of the Animal Services Superintendent; and also adding a prohibition against the use of inhumane traps. Budget Impact: n� Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated ;= - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: Staff recommends approval of an ordinance to amend Chapter 92 Animals to include additional methods of initiating a dangerous dog declaration and to provide for the option of rehoming an animal declared dangerous with the approval of the Animal Services Superintendent and also adding a prohibition against the use of inhumane traps. CITY OF n . ay ARKANSAS MEETING OF MAY 17, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Yolanda Fields, Director of Community Resources Jeremy Pate, Director of Development Services FROM: Justine Lentz, Animal Services Superintendent DATE: April 12, 2016 SUBJECT: Amending Chapter 92.31 Dangerous Animals Restricted RECOMMENDATION: Staff recommends amending Chapter 92.31 Dangerous Animal Restricted to include two additions: The first addition would be to section (A) to allow two more ways for an animal to be declared dangerous. The second addition would be to section (B) to allow for owners of animals declared dangerous to be able to sell or give away the animal with prior approval from Animal Services. Staff also recommends amending Chapter 92 to include a provision prohibiting the use of inhumane traps for wildlife and a definition of inhumane traps. BACKGROUND: Under our current ordinance, an animal may be declared dangerous only by an Animal Services Officer with firsthand observation of the animal's behavior. Staff proposes adding two additional ways in which a dangerous animal declaration could be made: 1) Based upon review of affidavit/complaint and evidence submitted to the City's Prosecutor's office and, 2) Based upon determination by another governmental unit that an animal is dangerous or vicious. Currently, section (B) says that "The dangerous animal shall not be sold or given away." Staff recommends changing that to allow for the animal to be sold or given away with prior approval from Animal Services. There have been situations where the main reason for the pet's dangerous behavior was either situational or due to carelessness on the part of the owner. This change would allow us more flexibility with the future of the animal. Separately from the above changes, staff would like to prohibit the use of inhumane traps. There is currently no specific provision against the use of these traps in Fayetteville. DISCUSSION: Staff feels the current ordinance is too restricting. We don't want to be placed in a "waiting game" for an animal to act dangerously in front of one of our three Animal Services Officers when they've already been declared dangerous or vicious by another governmental entity or if a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 citizen is willing to make a legal affidavit describing the dangerous behavior. Of course, just because an affidavit/complaint is filed doesn't mean that Animal Services has to declare the animal dangerous, it simply opens another avenue for review of the material. Secondly, we would like to have the option to sell or rehome the dangerous animal opened with prior approval from Animal Services staff. Last year, we had a case where a cattle dog was living at a house with a low fence near a large apartment complex. The owner was not willing to make sure the dog stayed contained, so he would get out and chase pedestrians and bite at their heels. The judge in this case took ownership of the dog from the original owner and asked our staff to find a more appropriate home. We were able to find the dog a home with a Veteran who has done extensive training with him and uses him as a service animal. Lastly, we had a situation last year where a citizen set a jaw trap (these traps use a crushing force to ensnare or kill the animal) to catch groundhogs and instead caught his neighbor's cat, The cat was alive when the neighbors found it, they called the animal services officer on duty who was unable to open the trap without causing the cat even more pain. Our officer ended up bringing the cat in the trap back to the shelter and humanely euthanized the cat due to excessive injury and pain. It later took two officers to open the trap and remove the cat for the owners to bury. Currently, there is nothing in the ordinance preventing the use of these inhumane traps BUDGET/STAFF IMPACT: None. Attachments: Proposed amendments to Chapter 92 Animals NoRTHwEsTARKANsAs Democrat valazette h .l .ii.. ��C.�Iti .. �.< %tide,, ,.. <. , i, �: �. ai=},> f W. .,k.: �, _1:,, M,.. r C... ir."4\ AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord 5875 Was inserted in the Regular Edition on: May 26, 2016 Publication Charges $ 176.80 q6a! / /1 ) 0 Karen Caler Subscribed and sworn to before me This 5 1 day of k(o,�,2016. &W, V v, �,, Notary Public My Commission Expires: 0r2a f7-�,2_y- LCATHY WILES Arkansas - Benton County lic - Comilla 12397118 sion Expires Feb 20, 2024 **NOTE** —� Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUN 01 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance:5875 File Number: 2016-0197 AMEND § 92.31 DANGEROUS ANIMALS AND ENACT § 92.07 INHUMANE TRAPS PROHIBITED: AN ORDINANCE TO AMEND § 92.31 DANGEROUS ANIMALS TO PROVIDE THE ANIMAL SERVICES DIVISION WTH ADDITIONAL OPTIONS TO DECLARE AN ANIMAL DANGEROUS AND ALLOW THE REHOMING OF A DANGEROUS ANIMAL WITH THE APPROVAL OF THE ANIMAL SERVICES SUPERINTENDENT, AND TO ENACT A NEW § 92.07 INHUMANE TRAPS PROHIBITED. WHEREAS, the City Code currently requires behavioral observation by an Animal Control Officer before an animal may be declared dangerous and other options should be given to Animal Services staff to further enhance the safety of our citizens; and WHEREAS, the City Code also prohibits the rehoming of a dangerous animal even if the Animal Services Division determines that rehoming would be in the best interest of Fayetteville residents and the animal itself; and WHEREAS, following the death of a citizen's pet cat in a jaw trap that was set out by a neighbor attempting to catch groundhogs, staff recommends enacting a prohibition on the use of inhumane traps in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 92.31(A) and enacts a replacement § 92.31(A) as shown below: "An animal may be designated by the Animal Services Division as a dangerous animal as defined in § 92.01 Definitions by any of the following procedures: 1. Upon the filing of a complaint with the Animal Services Division against the owner or harborer of an animal and based on the behavioral observation of the animal by an Animal Control Officer. 2. Upon the filing of a sworn affidavit with the City Prosecutor against the owner or harborer of an animal and based on a review of the affidavit and any supporting evidence by an Animal Control Officer. 3. Following the designation of the animal as dangerous or vicious by another governmental body or agency. A dangerous animal shall be kept and confined in accordance with this section." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of § 92.31(B) to read as shown below: "The dangerous animal shall not be sold or given away without the written authorization of the Animal Services Superintendent." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 92.07 Inhumane Traps Prohibited as shown below: "No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap, leg hold trap, or any trap or snare that captures an animal other than rats and mice, by gripping or snaring any part of the animal including its body, head, neck or limb, or that maims or causes the inhumane death or suffering of any animal," PASSED and APPROVED on 5/17/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73708740 May 26, 2016