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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2013 - ITEMS RELATING TO ANIMAL CONTROLDATE: February 5, 2013 STAFF: Beth Sowder AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 32 SUBJECT Items Relating to Animal Control. A. First Reading of Ordinance No. 021, 2013, Amending Chapter 4, Article II and Chapter 19, Article V of the City Code so as to Decriminalize Certain Offenses Related to the Care and Keeping of Animals. B. First Reading of Ordinance No. 022, 2013, Making Certain Amendments to Chapter 4, Article II, of the City Code. EXECUTIVE SUMMARY Ordinance No. 021, 2013 amends Chapter 4, Article II of the City Code to decriminalize all offenses related to the care and keeping of animals, except for the vicious, dangerous, public nuisance, and cruelty sections, to provide better, more responsive customer service. The recommended changes in the Animal Protection and Control (APC) protocol would ensure responsiveness and flexibility to citizen concerns and complaints. City staff also recommends transferring the management of the APC contract from Police Services to Neighborhood Services. These changes will enable the City to make progress in addressing the issues of barking dogs and other animal nuisances in the community. Ordinance No. 022, 2013, clarifies the licensing and rabies vaccinations requirements, and adds a numerical distinction of 80 degrees Fahrenheit to indicate when it is illegal to confine an animal within a parked vehicle. BACKGROUND / DISCUSSION Currently, a violation of any section of Chapter 4, Article II of the City Code is punishable as a criminal misdemeanor, subject to a penalty of $1000 and up to 180 days in jail. Decriminalizing most of the offenses related to the care and keeping of animals (except for the provisions dealing with vicious and dangerous dogs, public nuisance, and cruelty sections) will result in more effective enforcement of violations that adversely affect the livability of neighborhoods. All of the sections of Chapter 4, Article II are recommended to be decriminalized (including Animal at Large and Animal Disturbance) with the exception of the following: • Sec. 4-70 Improper Care or Treatment Prohibited • Sec. 4-74 Maltreatment of Performing Animals Prohibited • Sec. 4-95 Public Nuisance Prohibited • Sec. 4-96 Dangerous Animals Prohibited • Sec. 4-97 Vicious Animals Prohibited • Sec. 4-119 Use of Poison Restricted • Sec. 4-157 Killing or Capturing Wild Birds Restricted Between 2005 and 2006, the City’s Occupancy Ordinance and most of the City’s code provisions pertaining to property condition nuisances were decriminalized. The decriminalization of these provisions has proven to be successful and is a model for the recommendation to decriminalize the animal provisions. Civil citations require that the property owner or tenant correct the violation, while also assessing a fine for the violation. Fines increase with repeat violations, creating a financial incentive for property owners and tenants to avoid further violations. This system of progressive penalties provides an immediate fine, while concurrently discouraging repeat violations and encouraging compliance without the threat of jail time. Pros and Cons of Decriminalization The pros of decriminalizing include: • Penalty more appropriately fits the crime with a fine rather than potential jail time. • Burden of proof is less, which should result in more convictions. February 5, 2013 -2- ITEM 32 • Easier, more efficient process to serve the citation, which should allow for the issuance of more citations. • Repeat violations can become criminal, which should be a deterrent. • Financial incentive to avoid repeat violations with progressive penalties. • More expeditious process. • Civil process has proven to be an effective tool with occupancy and nuisance violations. • Does not become a criminal misdemeanor or a criminal record unless it is a repeat violation. • No jury trials The cons of decriminalization include: • Cannot use jail time as a motivator or deterrent except for repeat violations. • Cannot issue a warrant for failure to pay a fine; however, unpaid fines are sent to collections and would affect credit ratings. • Concern of possible perception of diminishing the severity of the violation; especially since Council provided additional support and direction to develop a Park Ranger Program. • Concern of possible negative impact to the considerable amount of progress in addressing animals off leash that has been made over the past decade in City Natural Areas. Although the City has had experience with decriminalizing the code provisions pertaining to over-occupancy and property condition nuisances, it is not common practice for animal control ordinances to be decriminalized. However, animal nuisances, especially barking dog violations, create neighborhood problems in many communities. Staff believes this chronic problem needs a new, more effective approach in addressing citizen concerns. Because this is a new approach for animal provisions, staff will monitor the impacts closely to make sure they are meeting expectations and identify problems so they can be addressed quickly. Additionally, there is some concern that decriminalizing the animal at large section of the Code might give the perception of diminishing the severity of the violation. The Natural Areas and Trail Rangers have expressed concern about this and wish to avoid a reversal to the considerable progress made over the past decade. Moreover, Council directed staff, as part of the 2013/2014 Budget process, to develop a companion Park Ranger program whose intent is to reduce the number of dogs off leash and animal waste violations on City park properties. Neighborhood Services staff believes close monitoring and immediate identification of problems will maintain these recent gains while increasing responsiveness to current animal issues. Civil Citation Penalties The penalty for a civil citation is a fine, and the amount of the fine is set by the Municipal Judge. Staff recommends that the fines be set at an amount that discourages violations. Currently, nuisance violations start at $100 for the first offense, $300 for a second violation, and any subsequent citations are doubled or become a criminal offense. Staff also recommends utilizing the same process currently used for multiple violations which allows repeat violations (more than two) to be charged as a criminal misdemeanor. This process strongly discourages repeat violations. Because service of citations will be easier with decriminalization, it is likely that the number of animal disturbance (barking dog) violations will increase. It is estimated that there will be over 500 citations issued by APC in a year, which will be an increase over the 400-450 citations currently issued (See Attachment 1 for more detailed APC data). Implementation Date In light of the increase in the number of citations for animal disturbances that may result from these changes, the Judge has indicated that Municipal Court will continue to manage the administrative processing of these citations. However, they will not be able to begin doing that work for a few months. The funding for the Municipal Court Referee will need to be paid by Neighborhood Services. Neighborhood Services currently pays for the Referee’s time to hear nuisance and occupancy citation hearings, and it is anticipated that the current amount budgeted should cover the additional amount needed. Additionally, other details, such as training and purchasing new ticket books, will need to be finalized prior to beginning the decriminalization process. For these reasons, staff recommends that the implementation of the decriminalization of all of the sections of Chapter 4, Article II of the City Code should begin on May 1, 2013. February 5, 2013 -3- ITEM 32 Other Animal Code Changes While working on decriminalization, staff also identified sections that need clarifying language to provide clear understanding of the ordinance. These include: • License and identification tags – clarification • Rabies vaccination – clarification • Improper Care and Treatment – Clarify when a violation exists by adding a section that prohibits confining an animal within a parked vehicle when it is above 80 degrees Fahrenheit because research shows that significant harm can occur when animals are left unattended in their vehicles during periods of extreme heat. Animal Protection and Control (APC) Contract Management Staff plans to transfer management of the APC contract from Police Services to Neighborhood Services because decriminalization will make these violations civil issues and they are primarily neighborhood livability concerns. Neighborhood Services has experience managing enforcement of civil infractions and working with neighborhood issues. The ultimate goal is to provide better, more responsive customer service. Potential improvements include: • Information on the City’s web page – Neighborhood Services will work closely with Animal Control to put user- friendly information on the City’s Neighborhood Services web page to instruct citizens about how to approach and report animal issues. • Assist with protocol changes to APC – Assist citizens who wish to remain anonymous and gather information needed to pursue resolution. Neighborhood Services will also be able to work more closely with residents who have animal concerns in their neighborhood and more readily identify when an issue is appropriate for mediation or some other form of assistance. • Assist with the civil infraction process – Neighborhood Services began enforcing civil infractions several years ago when most of the provisions pertaining to property condition nuisances were decriminalized, so staff has experience issuing civil citations. • Improve measurement tools, evaluations, and data analysis. Although data has been provided in the past, Neighborhood Services will work with Animal Control and seek assistance from the Budget and Finance Office to ensure measurement and analysis of the right data in order to determine whether decriminalization is effective and meeting expectations. Protocol Changes for Barking Dogs Staff recommends changes to the APC protocol for barking dog complaints to ensure that it matches the language and intent of the ordinance and provides better, more responsive customer service. These changes include: • Allow for anonymous complaints when they can provide enough information to follow up on the complaint (i.e., address or very close description of the location, type of violation, how often it occurs, etc.). • Do not require a description of the dog; however, encourage complainants to provide a description if they can because it will help verify the violation. • Allow for some flexibility regarding the address (e.g., if they know it is the house directly behind them then staff can find out the address). • Issue citation to anyone at the residence. The Code states that anyone over the age of 18 at the residence can be considered the “owner or keeper of the animal”. • Police will still respond to animal calls after hours. • Police can verify the problem and refer it to APC the following day to issue the citation based on the Police Officer’s observations. February 5, 2013 -4- ITEM 32 FINANCIAL / ECONOMIC IMPACTS Decriminalizing the offenses pertaining to the care and keeping of animals in Chapter 4, Article II of the City Code will likely result in an increase in citations issued. At least some of the costs will be offset by revenues from fines. Municipal Court will absorb the cost for administration of the civil citations. Based on the current number of civil citation hearings and the anticipated increase, Neighborhood Services will be able to use the current amount budgeted for the Municipal Court Referee to cover the added hearings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. PUBLIC OUTREACH There has not been any additional public outreach for these Code changes. ATTACHMENTS 1. Animal Protection and Control 2012 Report 2. Powerpoint presentation 1 1 Animal Control Codes Proposed Amendments City Council Meeting February 5, 2013 Beth Sowder, Neighborhood Services Manager Bill Porter, Animal Protection & Control Captain 2 Summary • Decriminalize Animal Codes except vicious, dangerous, public nuisance, and cruelty • Changes to Animal Control protocol • Transfer management from Police to Neighborhood Services ATTACHMENT 2 2 3 Background • Currently, all animal codes are criminal misdemeanors – subject to $1000 fine and 180 days in jail • Decriminalization will result in more effective enforcement • Recommend all of Chapter 4 (i.e. Animal at Large, and Animal Disturbance) • Except vicious, dangerous, public nuisance, and cruelty sections 4 Background Continued • Occupancy Ordinance and Nuisance Codes decriminalized • Successful model • Civil citations require compliance plus assess fine • Fines increase with repeat violations 3 5 Pros of Decriminalization • Penalty more appropriately fits the crime with fine rather than jail • Burden of proof is less • Easier, more efficient process to serve citation • Repeat violations can become criminal • Financial incentive to avoid repeat violations • More expeditious process • Civil process proven effective with other codes • Does not impact criminal record • No jury trials 6 Cons of Decriminalization • Cannot use jail time as a motivator (unless repeat) • Cannot issue a warrant if they don’t pay fine • Concern of possible perception of diminished severity • Concern of possible negative impact 4 7 Additional Background • Decriminalized Animal Codes not common practice • New, more effective approach to address concerns • Concern about impact to Natural Areas • Need for close monitoring 8 Civil Citation Penalties • Fine is the penalty • Fine is set by the Municipal Judge • Multiple violations (more than 2) may be charged as criminal misdemeanor • Discourages repeat violations 5 9 Implementation • May 1, 2013 – Changes in court process – Municipal Court Referee – Training – New ticket books – Other details 10 Other Animal Code Changes • License and identification tags • Rabies vaccination • Improper Care and Treatment – animals left in vehicles 6 11 Animal Protection & Control Contract • Transfer from Police Services to Neighborhood Services • Goal – provide better, more responsive customer service – Information on City’s web page – Assist with protocol changes – Assist with civil infraction process – Improve measurement tools, evaluations, and data analysis 12 Protocol Changes for Barking Dogs • Allow anonymous complaints • Do not require description of dog • Allow for flexibility • Issue citation to anyone responsible • Police will still assist with after-hours calls • Police can verify the problem and refer to Animal Control 7 13 Financial Impact • Likely result in increased citations issued • Some costs offset by fines • Municipal Court will absorb cost of administration • Neighborhood Services will pay for Referee time 14 Questions? ORDINANCE NO. 021, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 4, ARTICLE II AND CHAPTER 19, ARTICLE V OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO DECRIMINALIZE CERTAIN OFFENSES RELATED TO THE CARE AND KEEPING OF ANIMALS WHEREAS, over the years, animal control officers have received numerous citizen complaints related to the enforcement and prosecution of animal violations such as animal at large, animal disturbance of peace and quiet, and failure to license, which violations adversely affect the livability of neighborhoods; and WHEREAS, in response to those complaints, city staff has developed recommendations for more effectively dealing with such violations; and WHEREAS, all animal code violations in Chapter 4, Article II, are currently criminal misdemeanors subject to a fine not exceeding one thousand dollars ($1,000) and/or imprisonment not exceeding one hundred eighty (180) days, in addition to any costs that may be assessed; and WHEREAS, City staff believes that decriminalizing these kinds of violations will result in a more efficient and effective enforcement of the Code provisions, including the prosecution of violations; and WHEREAS, a civil infraction violation is subject to a civil penalty of not more than one thousand dollars ($1,000), plus costs, damages, and expenses; and WHEREAS, proving that a civil infraction has occurred requires a lower burden of proof and entails a simpler, more efficient citation procedure than proving a criminal misdemeanor violation; and WHEREAS, City staff anticipates that changing the nature of these violations from a criminal misdemeanor to a civil infraction will result in increased compliance with provisions of Chapter 4 dealing with animal control; and WHEREAS, City staff is recommending decriminalizing all of the provisions in Chapter 4, Article II of the Code with the exception of those provisions related to vicious and dangerous dogs, public nuisance, and cruelty sections; and WHEREAS, City staff recommends that these civil infractions be processed through Municipal Court, which is equipped to handle a high volume caseload, because of the anticipated increase in the number of cases; and WHEREAS, City staff has identified some minor amendments that need to be made to Article V, Section 19 of the City Code to allow for Municipal Court to handle these types of civil infractions; and WHEREAS, the City Council believes that it would be in the best interests of the City to approve all of the above recommended amendments to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 4-196 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-196. Generally. Any person found guilty of violating any provision of this Chapter, except Sections 4-70, 4-74, 4-95, 4-96, 4-97, 4-119, and 4-157, whether by acting in a manner declared to be unlawful or by failing to act as required, shall be punished in the manner described in § 1-15 commits a civil infraction and is subject to the penalty provisions of subsection 1-15(f). Any person who violates Sections 4-70, 4-74, 4-95, 4-96, 4-97, 4-119, or 4-157 commits a misdemeanor criminal offense and is subject to a penalty or imprisonment, costs and fees and any other orders imposed in accordance with §1-15. Section 2. That Section 19-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-66. Payment without appearance. (a) The Neighborhood Services Manager or, in the case of a forestry code violation, the City Forester, shall accept payment in full of the amount due for a civil infraction from a defendant or make a payment plan arrangement with a defendant if such payment or payment plan arrangement is made within ten (10) days following service of the citation for the violation. Such payment shall be separately accounted for and deposited into the City's general fund in accordance with rules and procedures of the Finance Department. (b) In the case of a violation of Chapter 4, Article II of the Code, the Municipal Court Clerk shall accept payment of a penalty assessment notice by a defendant without an appearance before the Municipal Court if payment is made after the issuance of the charging document and prior to the date and time scheduled for the first hearing, provided that the Municipal Court Clerk has a copy of the charging document. Such payment shall be separately accounted for and deposited into the City’s general fund in accordance with rules and procedures of the Finance Department. (bc) Payment of the total penalty, costs and fees shall constitute a waiver by the responsible party of rights and acknowledgment of liability. -2- (cd) Such payment shall constitute an entry and satisfaction of judgment. (de) Payment of the penalty and costs shall not excuse the failure to correct violations nor shall it bar further enforcement by the City. Section 3. That Section 19-67 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-67. Hearing procedures. (a) If a defendant wishes to contest a citation, other than a violation of Chapter 4, Article II of the Code, he or she, within ten (10) days following service of the citation, shall file a written request with the Neighborhood Services Manager for a hearing before the Referee. (b) If a defendant wishes to contest a citation for a violation of Chapter 4, Article II of the Code, he or she shall appear before the Municipal Court at the time scheduled for first hearing. (bc) The hearing of all civil infractions shall be conducted pursuant to the Colorado Rules of Evidence and the order of proceedings shall be those followed by the Municipal Court in offenses tried to the Municipal Judge, except as otherwise specifically stated herein. (cd) The City and the defendant may be represented by counsel. Section 4. That Section 19-69(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-69. Judgment and procedures after hearing. . . . (c) The judgment shall be satisfied upon payment to Neighborhood Services, Municipal Court, with respect to a violation of Chapter 4, Article II of the Code, or the City Forester, with respect to forestry code violations, in the total amount of penalty, costs and fees assessed. . . . Section 5. That the amendments to Chapter 4 and Chapter 19 of the City Code contained herein shall go into effect on May 1, 2013. Introduced, considered favorably on first reading, and ordered published this 5th day of February, A.D. 2013, and to be presented for final passage on the 19th day of February, A.D. 2013. -3- _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4- ORDINANCE NO. 022, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 4, ARTICLE II, OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, over the years, animal control officers have had recurring problems with people leaving animals unattended in their vehicles during periods of extreme heat; and WHEREAS, leaving an animal unattended in a parked vehicle on a hot day can result in irreversible organ damage, heat exhaustion, a heat stroke or death; and WHEREAS, there is not currently a provision in the City Code that adequately addresses this situation; and WHEREAS, City staff recommends adopting a specific provision that prohibits the confinement of an animal within a parked vehicle when the outside temperature is eighty degrees Fahrenheit or greater; and WHEREAS, City staff has also identified some other amendments that should be made to Chapter 4, Article II of the Code, including clarifying Sections 4-34 and 4-51 related to license tags and rabies vaccinations, and amending Section 4-157 related to killing or capturing wild birds; and WHEREAS, the City Council believes that it would be in the best interests of the City to approve the above recommended amendments to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 4-34 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-34. License tags. (a) NoAny person who owns or keeps a dog or cat within the City shall fail to ensure that such dog or cat at all times wears a collar or harness made of a durable material to which is attached the appropriate license tag or identification tag required by this Division. . . . Section 2. That Section 4-51(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-51. Rabies vaccination required. (a) No owner or keeper ofAny person who owns or keeps a dog or cat within the City over four (4) months of age shall fail to have such dog or cat vaccinated against rabies when the dog or cat becomes four (4) months of age and again within twelve (12) months of the date of such initial vaccination. Thereafter, no such person, and shall failcontinue to have the dog or cat vaccinated at intervals recommended by the veterinarian. If any dog or cat is found in the City without a current rabies vaccination tag affixed to its collar or harness, the owner of such dog or cat shall be presumed to have violated this Section.Any person who owns or keeps a dog or cat within the city shall ensure that such dog or cat at all times has a current rabies vaccination tag affixed to its collar or harness. . . . Section 3. That Section 4-70 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-70. Improper care or treatment prohibited. (a) No owner or keeper of an animal shall fail to provide that animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when necessary, and such other care as is customary and necessary for the animal's health and well-being, considering the species, breed and type of animal. (b) No person shall confine any animal within a parked, enclosed vehicle if the external ambient temperature is 80 (eighty) degrees Fahrenheit or greater, and no person shall confine any animal within such a vehicle, regardless of the ambient temperature, without allowing sufficient cross-ventilation to prevent the animal from suffering heat exhaustion, heat stroke or death. (bc) No person shall beat, cruelly ill-treat, torment, overload, overwork, otherwise abuse or needlessly kill an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans, nor shall any person transport or confine an animal in or upon any vehicle in such manner as to endanger the animal's health or life. (cd) No owner of an animal shall abandon such animal. (de) No person shall restrain or permit an animal to be improperly tethered. For purposes of this Section, improper tethering shall mean use of a fixed point chain or tether in a manner that is likely to cause bodily injury to the animal or endanger the health or safety of other animals or people. An animal control officer is empowered to make a prima facie determination as to whether tethering is improper, which -2- determination may be based upon, but is not limited to, the consideration of the following factors: . . . Section 4. That Section 4-157 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-157. Killing or capturing wild birds restricted. It shall be unlawful for any person at any time in the City to shoot at, wound, kill, capture, ensnare, net, trap or in any other manner molest or injure any wild bird or in any manner molest or injure thedamage a nest, with eggs, or injure the young of any such bird. The Chief of Police shall have authority to grant or deny a permit for the killing, capturing or molestation of nuisance birds with the consent or approval of the Colorado Division of Parks and Wildlife when it is shown that the birds are, or may become, a nuisance or health hazard in any particular location in the City. The permit shall be granted or denied within five (5) working days of the date the request is made. Introduced, considered favorably on first reading, and ordered published this 5th day of February, A.D. 2013, and to be presented for final passage on the 19th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-