AGENDA #4h
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition Regarding Animal Control Ordinance
DATE: November 21, 2005
The purpose of this memorandum is to respond to a petition from the Westside Neighborhood Association requesting revisions to the Town’s Animal Control Ordinance.
We recommend that the penalties be increased for violation of the Animal Control Ordinance provisions concerning public nuisances. In addition, we recommend an increase in the penalty for failure to vaccinate against rabies.
BACKGROUND
On May 23, 2005, the Westside Neighborhood Association submitted a petition to the Town Council requesting a review of the Animal Control Ordinance, specifically the section which deals with vicious animals. This request was prompted by two incidents in which neighborhood dogs being walked by their owners were attacked by a dog that was unrestrained. According to the petitioners, only the actions of the dogs’ owners prevented the unrestrained dog from inflicting injury on their pets. The petitioners expressed concern that the current ordinance declares an animal vicious in an encounter with another animal only if the attacking animal injures, maims or kills another animal that is either a pet or livestock. Since the pets were not injured in the incidents in question the vicious animal section of the ordinance did not apply. The Animal Control Officer warned the offending dog owner to keep his dog restrained. There have not been other reported incidents since the petitioners submitted their request.
DISCUSSION
A review of Town Code Chapter 4, Animals and Animal Control, confirms the information contained in the petition. Declaring an animal to be a vicious animal has significant repercussions for the animal owner under the current ordinance. However, while an attempt by an animal to bite or injure a person is a violation of Sec. 4-16 (the vicious animal section) even if no harm results, an attempt by an animal to injure another animal is not a violation if no bite or physical harm results.
We believe that the most effective approach to dealing with the petitioner’s concerns is to utilize the Public Nuisance section of Chapter 4, Sec. 4-14. Among the prohibited acts listed in Sec. 4-14 is “Any stray dog which is away from the premises of the custodian, or in a public place or on any public property in the town, unless the dog is under restraint.” Sec. 4-14 (5). This subsection would apply to the situation described in the petition. We believe that stricter and more consistent enforcement of this subsection, together with penalty changes as proposed below, will address this problem.
Penalties for violations of Sec. 4-14 are specified in Sec. 4-15. Currently, the penalty for a violation of this section is $25 per violation. We believe that if Sec. 4-15 were amended so that the penalties for violation of Sec. 4-14 were progressive, the ordinance then would be sufficiently strengthened to deter the behavior in question and to address theconcerns of the Westside Neighborhood Association. This would create a penalty structure similar to the Orange County Animal Control Ordinance, which provides for fines which increase as the number of violations increases. Under our recommendation, the penalty would remain at $25 for the initial violation, would be $50 for the second violation, $100 for the third violation, $150 for the fourth violation, and $200 for the fifth or successive violation.
In addition, we also recommend that the Council amend Sec. 4-9, the penalty section for Sec. 4-8, which includes the requirement that a dog or cat over four months of age be vaccinated against rabies. We propose increasing the fine for failing to vaccinate against rabies from $25 to $100, which would be in accordance with the corresponding Orange County ordinance.
RECOMMENDATION
ATTACHMENTS