8.6 Animal Control
CITY OF SALIN A
REQUEST FOR CITY COMMISSION ACTION
DATE
8/19/02
TIME
4:00 P.M.
AGENDA SECTION:
NO.
8
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
CITY MANAGER
ITEM
NO.
6
BY: Dennis M. Kissinger
BY: . - ~ ~If"
~ '1"--
Item
Ordinance Number 02-10101
AN ORDINANCE AMENDING CHAPTER 7 OF THE SALINA CODE BY ADDING SECTION 7-45
AND AMENDING EXISTING SECTIONS 7-4, 7-48 AND 7-49, ALL PERTAINNG TO ANIMALS,
AND REPEALING EXISTING SECTIONS 7-4, 7-48, 7-49.
Background
The City is in the process of evaluating our current animal control ordinances in an attempt to
update and improve those laws. In July, city staff presented a very preliminary report to the City
Commission in study session. Staff reported that the full review and revision of "Chapter 7 -
Animals" of the City Code would take an extensive amount of additional research, public
involvement and drafting time. Staff also advised the Commission that we had already found
some language from other cities which would provide improvement to our "owner duties",
"running-at-Iarge" and "animal nuisance/aggressive behavior" code sections. The Commission
directed staff to bring back those proposed changes as interim actions in August, rather than wait
until the full Chapter 7 review/revision later this year.
It is important to note these revisions up for consideration provide significant additional
enforcement tools for animal control, police and prosecutors in dealing with problems caused by
owners failing to handle their dogs responsibly. However, those changes are not to be
misinterpreted as the completion of the City's efforts in this area.
In particular, the suggestions made by the local newspaper and a number of citizens that the City
adopt total bans on ownership of specific breeds of dog in Salina or other "breed-specific
legislation" add complexity to the issue. Consideration of new laws such as those cannot be
taken lightly; a full level of information, legal research and opportunity for public comment and
debate on the pros and cons of the action is advisable before acting. The positive and negative
aspects of breed-specific legislation have generated significant public policy debate throughout
the country. National organizations such as the American Veterinary Medical Association and
others have written position papers on the issue. State and local governments throughout the
country have reached varied conclusions on this topic. A public hearing on the City's animal
control laws, including whether breed-specific legislation should be considered is tentatively
scheduled for mid-September. A date and time will be announced when finalized.
City staff recommends the proposed code updates today in keeping with our short-term goal of
improving our ability to deal with some of the neighborhood safety problems related to aggressive
dogs. We believe these changes will be helpful.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/19/02
TIME
4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
CITY MANAGER
ITEM
NO.
BY: Dennis M. Kissinger
BY:
Page 2
Summary of Code Changes:
,
1.
Enhanced language regarding the duty of animal owners to be responsible owners.
2.
Enhanced language regarding the duty of owners in preventing dogs from running-at-Iarge.
3.
Major changes in identifying what constitutes "animal nuisance activity" off the owner's
property and also when aggressive conduct by an animal may threaten a person on abutting
public or private property. This updated code section provides for potential enforcement
before a bite occurs. It will work in conjunction with our current vicious animal laws, which
are more effective after an attack.
4.
Improved ordinance by removing the possibility of a $25.00 out of court settlement when an
animal running-at-Iarge causes nuisance or safety problems and the owner is charged with
those in addition to running-at-Iarge charges. In those cases, the fine in Municipal Court
could be up to $500, depending on the facts of the case. The revised ordinance also
removes the current ability to settle out of court with set penalties in animal nuisance cases,
including property damage, threatening pedestrians, etc. All animal nuisance activities
would be subject to Municipal Court appearance and fines up to $500, depending on the
facts of the case.
Action:
Consider Ordinance Number 02-10101