HomeMy WebLinkAbout01.22.2008• •
COUNCIL WORK SESSION
January 22, 2008
4:30 p.m.
Council Chambers
Members present: Mayor Hurley, Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt.
Members absent: Greenwood.
Moved by Reggie Schmitt, seconded by Cole that the Agenda, as proposed, be approved. Ayes:
Six. Absent: Greenwood. Motion carried.
Jim Walsh, City Attorney, reviewed proposed changes to the city's animal control ordinance,
Section 5-1B-4, Dangerous Dogs Prohibited. If the animal control officer finds that a dog is
dangerous, animal control issues a written notice of violation. At the time the notice is issued,
the dog is taken into custody of animal control and confined at the owner's expense at the Black
Hawk County Humane Society, a veterinarian or at a kennel until the owner agrees in writing to
remove or destroy the animal or the council rules on an appeal of dangerous dog finding.
The Appeal Procedure would require that an appeal cannot be filed until all costs incurred to date
in caring and providing for the dog are paid and a bond is posted with the city in an amount
totaling the current daily rate of impoundment at animal control multiplied by 45 days, but not to
exceed $500.00. The proposed changes would allow for no more than 30 minutes for the appeal
hearing or additional time at the council's discretion. If the appellant desires additional time,
he/she must make application to the council for an extension at least seven days prior to the
hearing. If council affirms the finding of the animal control officer, the owner may petition
Black Hawk County District court for review of the order.
When removal of the dangerous dog is required, the owner of the dog must fill out an application
for removal of dangerous dog which identifies information of the dog, location to which it will
be removed and the date of the removal. If a dangerous dog is ordered removed from the city by
order of animal control or the council and is found within the city limits following the date the
owner agreed to removal, that action would constitute a separate and independent violation. In
addition, a dangerous dog ordered removed which is found within the city limits after the
removal date will be destroyed by the city without further action of appeal.
The proposed change includes required permanent identification. Any dog found to be
dangerous by an animal control officer would be assigned a registration number by animal
control which would be affixed to the dog by permanent microchip implant, tattoo or some other
permanent means.
Mr. Walsh reviewed new language that includes listing eight breeds of dogs as dangerous and
subjecting them to registration. Any owner or individual in possession of any of the eight breeds
of dogs would be required to fill out a registration form, pay a registration fee and provide proof
of liability insurance.
Mr. Walsh acknowledged that there is not a real good consensus on what breeds of dogs are the
most dangerous, and the registration route is difficult.
Kristy Gardner, co -director of Cedar Bend Human Society, suggested that instead of determining
registration by breed, maybe it should be based on what the dog does. One of the things that
they deal with over and over is the responsibility of the owner. If the dog bites someone, or if
the dog is found running at large more than once, than the owner would have to register the dog
with Animal Control, instead of requiring registration of all the dogs. Animal Control agrees
something needs to be done and likes the idea of registering, but by what the dog does, and the
council would have to decide if it would be required after one or two strikes. Ms. Gardner noted
that they lack the manpower to register all those breeds. Ms. Gardner explained that Labrador
retrievers accounted for the most dog bites in the city last year, mainly because they are so
common.
Ms. Gardner was asked to summarize her suggestions and send them to the City Clerk.
With no further business before the council, it was moved by Getty, seconded by Cole that the
meeting be adjourned at 4:54 p.m. Ayes: Six. Absent: Greenwood. Motion carried.
Nancy Eckert
City Clerk