Loading...
HomeMy WebLinkAbout1993-08-23 93-403 ORDINANCECOUNCIL ACTION Item No. 93-403 Date August 23 1993 Item/Subject: Amending Chapter VII, Article 11 of the Ordinances of the City of Bangor -- Licensing and Control of Dogs _-'Do9 W6 2' Responsible Department: Legal Commentary: See attached Memorandum to Municipal Operations Committee. This matter was considered at the August 17, 1993 Municipal Operations Committee meeting prior to first reading. The Committee recommended the buffer sone around playground equipment be 50 feet. They were not in favor of a City-wide leash law. They were in favor of a City-wide "proper scooper" law for public property. The proposed 'proper scooper" law mirrors language in the current park ordinance (Chap. VI, Art. 12, Sec.4(3)] and does not require that a person have any particular implement to remove the feces. It does provide an exception for certain handicapped individuals. n gdoa-i Department Mead vU Manager's Comments: m n n A^' ^.N'y:, r� �1� I Iwv Wii.l�Wb�OWcd(�...`�.-.'^ v19.�(.WaCL" WLJ� City Manager Associated Information: 8/10/93 Memorandum to Municipal Operations Committee with accompanying information Budget Approval: Finance Director 1 City solicitor , Introduced For Passage �^ First Reading Referral Page 1 of 1_ Amignsd to Counselor Soucy August 23, 1993 CITY OF BANGOR (TITLE.) (OrM1R Urg Amending Chapter VII, article 11 of the Ordinances of the City of Bangor -- Licensing and Control of' Dogs Stu ordaiwd by t4 CBM Cosw.i! of Me City ofBaxyor, aefoum s: TEAT Chapter VII, article 11, Section 5 of the Laws and Ordinances of the City of Bangor is hereby emended as follows: ¢fig of a t: Underlines are additions, esesseets are de etiol ns. apf rrmer gecB was repealed by C.O. 83-115 and referred to dogs running at large. The intent of this Ordinance is to require the cleaning up of dog feces on all City -owned property by the person exerciseing control over the responsible dog. An exception is made for handicapped individuals who are physically unable, because of their handicap, to clean up after their dog. IN CITY COUNCIL August 23, 1993 Receiy d Ise ding Yg&sCijFK IN CITY COUNCIL September 13, 1993 Indefinitely Postponed by the following yes and no votes. Councilors voting yes: Bragg, Cohen, Seel. Shubert, Soucy and Stone. Councilors voting no: Blanchette and Frankel. Cousellor absent Sullivan. / City CLERK 93-403 ORDINANCE TITLE Amending Chapter VII. Article 11 of the Ordinances of the City of Bangor Licensing and Control of Dagga./�]] -0 o MEMORANDUM 93-403 TO: Municipal Operat a ittee FROM: Bruce N. Shible g s City Solicitor RE: Dog Ordinance Revisions DATE: August 11, 1993 This memorandum and accompanying material is intended to further explain the reasoning behind the two proposed Ordinance changes concerning controlling the behavior of dogs and their owners/handlers. Attached to this memorandum are the following: (1) Two proposed Ordinance amendments - Playground and Athletic Field Restriction and Leash Law (2) Current Ordinance - Chapt. VII, Art. 11 (3) Pertinent provisions of State law - 1 MRSA 55 3907(6) and 3950 (4)- Maps of Fairmount, Broadway and Little City Parks The Committee should also receive correspondence from various people as part of the agenda package.. The first proposed Ordinance concerns restricting dogsfrom the vicinity of playground equipment and athletic facilities. My understanding is that this approach was seen by the Committee as a way to protect young children or adults from being frightened by dogs and to rout down on the amount of dog waste on athletic fields, while at the same time allowing dog owner/handlers the use of the rest of the area of the parks for recreation and exercise with their dogs. I also understand that this issue has been raised in large part due to,the actions of a few inconsiderate dog owner/ handlers who haverefusedto control their dogs. This proposed Ordinance creates a 25 yard buffer zone around all City -owned playground equipment and outdoor athletic facilities or the physical boundaries (fences, pavement, woodchip and wood beams, etc.) around them. 25 yards was chosen after I paced out various distances at Little City Park. 25 yards appears far enough away to calm fears, yet still affords Ample park space to play with or exercise one's dog. Because there are many parks, including Little City, where the playground equipment or athletic facility is close to a City street or sidewalk, an exception to the 25 yard buffer zone is provided for those running or walking a dog on the street or sidewalk (but not for sidewalks/paved pathways which cross a park). Maps of three representative parks are included with the buffer zone shaded in to provide the Committee with an idea of the space restriction involved. The second proposed Ordinance would establish a leash law throughout the City of Bangor. Thishas been requested by Councilor Frankel. A prior law relating to leased dogs was repealed by the Council in 1983 due to redundancy with State law. The City is authorized to regulate issues relating to dogs in. a madner that is more restrictive than the State requires. 7 MRSA 5 3950. Currently, Bangor prohibits dogs from running at large. Since Bangor does not define "at large", the statutory definition would control. The statutory definition, 7 MRSA 5 3907(6), allows a person to prove that their voice command reasonably controls the conduct of a dog in their presence. By defining the term "running at large- to mean any dog not on a leash or some type of physical restraint no greater than 8 feet in length, voice command would no longer be a defense to a "running at large" complaint. Concerns have been expressed, however, that exceptions to the leash requirement should be allowed for dogs doing trial or exhibition work or being actively trained by, or to use, voice. commands; thus, these exceptions have been crafted into the proposed Ordinance. Doge being exhibited or trained, however, would still be prohibited from encroaching on the playground equipment or athletic facility buffer zone. I understand that some of .the concern regarding playgrounds, Parks and athletic facilities had to do with deposits of dog waste. The City has a requirement .within its Parks and Recreation Ordinance that requires the removal of dog waste from City parks listed therein. There is n requirement, however, that dog owner/handlers remove dog waste from City streets, athletic facilities not located in the listed parks, sidewalks, esplanades or other City -owned property. Should .the Committee wish to address this issue, a proposed Ordinance can be ready for first reading at the next Council meeting. The two proposed Ordinances will be given first reading on August 23, 1993. They may also be referred back to Commaittee after first reading. The Committee is free to suggest any changes that it wishes incorporated into the proposed Ordinances prior to introduction on the 23rd. The Committee is also free to delay any formal decision on the proposed Ordinance amendments until after first reading. I " Attachments PC Edward Barrett, City Manager Pat PinIdsm, Animal Control Officer Russ MCRanda, City Clerk, 93-403 Ch. VII: Art. 11 Sec. 1 - Sec. 8 CHAPTER VII ARTICLE 11 - LICENSING AIN CONTROL OF DOGS *Sec. 1 Definitions. As used in this ordinance, unless the context otherwise indicates. (a) "Dog" shall be intended to mean both male and female: (b) "Omer" shall be intended c any person or persons, firm, association or corporation owning, keeping, or harboring a dog. - **Sec. 2 Repealed **Sec. 3 Repealed **Sec. 4 Repealed ***See. 5 Repealed ***Sec. 6 Repealed *Sec. 7 Imo undment. Dogs found running at large, shall be taken no and impounded n the shelter designated by the City as the City Animal Shelter, and there confined 1n a humane ma r for a period of not less than 8 days; and may bhereafce be disposed of in a humane cancer if not Claimed by their owners. The City or its duly authorized agent may transfer title of all animals held by it at its Animal Shelter after the legal detention period has expired and the animal has not been claimed by Its owner. When dogs are found running at large, and their ownership is known, such dogs sed not beimpounded�, bu the. City through its day authorized agents may, at Scs discretion, cite the a of such dogs to appear in court to answer charges Of violation of this Ordinance• The o shall be entitled to c me possession of any impounded dog upon the payment of impoundment fees a see forth herein. Any ocher animal impounded under the provisions of this Ordinance may be reclaimed by the owner upon payment of the impoundment fees as set forth herein. Any animal impounded under the pro of this Ordinance and not reclaimed by its o within 8 days, may be humanely destroyed or placed in the custody of some person deemed co be a responsible and suitable owner, who will agree to comply with the provisions of this Ordinance. ****Sec. 8 Imooundmenc Fees. Any animal impounded hereunder may be reclaimed during Shelter business hours. Monday through Friday, as herein provided upon payment by the owner to the City. Animal Shelter of the following fees: Impcund- enc fee. of $25.00 for each animal, except that upon the second impoundment the fee shall be $35.00 .and upon the third and all subsequent impoundments of the same *Amended March 30, 1983 - Effective April 9, 1983 - C.O. 83-115 **Repealed May 8, 1978 ***Repealed March 30, 1983 - Effective April 9, 1983 - C.O. 83-115 ****Amended May 27, 1987 - Effective June 6, 1987 - C.O. 87-165 93-403 Ch. VII; Art. 11 Sec. 0 - Sec. 12 animal the fee shall be $50.00, plus board in the amount of 57.50 per day for each dog, and the price of any shots which the dog may have received while in the care of the City Animal Shelter. Sec. 9 Number of Does Limited. It shall be unlawful for any person or persons to keep or harbor within the City more v e than three,dogs o six months old o April 1st in or about any premises, house, barn o - other building, or in o about all buildings on any premises occupied by any one family, and the keeping or harboring of dogs as aforesaid is herebydeclared. to -be.a nuisance. The payment of a license or licenses an dogs shall not be construed to allow the keeping of more than three dogs, as aforesaid, on any one premises. This limitation shall not apply to any person, group of persons, or orporation engaged in the commercial business of breeding, buying, selling or boarding of dogs, or operating a veterinary hospital. Sec. to Barking or Howling Does. No person shall own, keep or harbor any dog which by loud, frequent, or habitual barking Howling, or yelping shall disturb the peace of any person or persons. *Sec. 11 Repealed **Sec. 12 Dianof Dogs which Have Bitten Persons. It shall be unlawful for the own s keeping, or harboring any dog, when notified that s dog has bitten any per r has injured any per s to c abrasion of son o so sans fl ache the akin, to sell at give stay such dog except to permit o allow a licensed dog to be taken beyond the limits be the City, sept u r the e - o licensed ace of the 16 character be the Bury ofsuchimmed o r keeper upon receiving once of the character aforesaid, to *or to deliver place such dog weer city Animal for a period of at lease is days, or to deliver such dog to the City Animal Shelter. The charge of the of Public Health shall whil be notified immediately bythe person in charge of the deeeM1 of any dog while under confinement. The City Veterinarian shall investigate all dog bites referred to him by the Police Department or the Health Department. Any dog which shall have been bitten by another dog having suspected of having rabies shall be immediately impounded for observation as provided in this section. It shall be unlawful for the owner or person keeping or harboring any dog when notified that such dog has bitten any person or has so injured any person s to cause abrasion of the skin to destroy such animal without permission from the City of Sanger Department of Health. *Repealed March 30, 1983 - Effective April 9. 1983 - C.O. 03-115 **Amended March 30, 1983 - Effective April 9, 1983 - C.O. 03-115 Sec. H - Sec. 15 93-403 *Sec. 13 Rabies. Upon positive diagnosis of rabies in any animal within the City, the Chairman of the Council shall proclaim and invoke a dty-wide quarantine for a period of thirty days, and upon the invoking o of such quarantine, no animal shall be taken into the streets or he per- mitted to be in the streets, during such period of quarantine. During such period of rabies quarantine as herein described, every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed or, at the owner's expense and option, shall be treated for rabies infection by a licensed -veterinarian, or held thirty.days under quarantine by the owner in the same manner as other animals are quarantined. In the event there are additional positive cases of rabies scouring during the period of quarantine, such period of quarantine may be ex- tended W, the Chairman of the Council for an additional six months. The carcass of any dead animal exposed to rabies shall upon demand be surrended to the Director of Public Health. The Director of Public Health shall direct the disposition of any animal found to be infected with rabies. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefore by the - - Director of Public Health. Sec. la When Dogs Mav be Killed. if any dangerous, fierce, or vicious dog cannot be safety taken up and impounded, such dog may be slain by any policeman or duly authorized animal con- trol officer. in all cases where any dog, which has bitten a person or caused an abrasion of the skin of any person, is slain by any policeman whether by order of the court or otherwise and a period of less than fifteen days has elapsed since the day on which such dog bit any person or caused an abrasion of the skin of any person, it shall be the duty of the policeman slaying such dog to forthwith deliver the carcass and brain to the Chief of Police who shall forward the brain intact to the Director of Public Health. *Sec. 15 PenultY. Whoever keeps a dog contrary to the provisions of this Ordinance shall be Punished by a fine of not less than $50.00 nor more than $100.00 to be recovered by complaint before any District Court in the County where such owner or keeper resides. *Amended March 30, 1983 - Effective April 9, 1983 - C.O. 83-115 U Wil _ a Ire m 4 0 A I P W LIME c ITY ROCK-PPORTiaD FCATIlLCS Zd 6cRlE_+ - BuFE ROYAL w++ « urmrw'A+z el.rmxs sxws0 e svruy� a�mee� sv� eon a INNS nRU /6 h�1p tYI.WN BY P. •R4RMWryP IAd�K SGtLE''�"=60' t O � OF. 077 QAl iW'© � � a INNS nRU /6 h�1p tYI.WN BY P. •R4RMWryP IAd�K SGtLE''�"=60' ►, fi � O A '/N„j�'9'�Q1=Ef » ---,8 aPl�'4C t6 � "' �"� 1 OF