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HomeMy WebLinkAbout02.11.2008ORDINANCE COMMITTEE February 11, 2008 5:00 p.m. Council Chambers Members present: Mayor Pro Tem Reggie Schmitt, Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper. Moved by Welper, seconded by Greenwood that the Agenda, as proposed, be approved. Ayes: Seven. Motion carried. A proposed new ordinance on potentially dangerous dogs was reviewed. Suggested language changes by the council and Animal Control have been incorporated into the ordinance. No specific breed of dogs are mentioned in the proposed language. Along with the registration form, an owner of a dog determined to be potentially dangerous by Animal Control must show proof of liability insurance totaling a minimum of $300,000.00 which will provide coverage for injuries that may be caused by the animal. Jim Walsh, City Attorney, commented that most homeowners already have a minimum of $300,000.00 insurance and some apartment dwellers. The cost varies depending on the value of the home, neighborhood and prior claims. There will be a fee of $50.00 to register the potentially dangerous dog with Animal Control. A person who has a dog which qualifies as a potentially dangerous dog who fails to register the dog will be guilty of a misdemeanor and fined an amount not to exceed $20.00 and/or a municipal infraction. Council asked that the $20.00 fee for failure to register a potentially dangerous dog be changed to $50.00. Animal Control reported that they estimate there could be less than 200 potentially dangerous dogs. Animal Control recommended that all slates be wiped clean and the registration requirement go forward. Councilperson Steve Schmitt asked if veterinarians have been involved in the process and should we involve them. Mayor Pro Tem Reggie Schmitt responded at this point, they have not been involved in the ordinance process. Councilperson Cole commented veterinarians would have no liability. Mayor Pro Tem Reggie Schmitt reviewed the proposed additional language to the current Dangerous Dogs Prohibited section. Mr. Walsh noted he will remove the language "clear and convincing" from the proposed changes. Mr. Walsh will make the recommended changes as discussed and bring back an ordinance to the full council. Mayor Pro Tem Reggie Schmitt reviewed proposed additional language to Section 5-1-2, Swine Prohibited, Exceptions. This would allow individuals or families to keep up to two potbellied pigs in their residences. The definition of potbellied pig is included in the language. Councilperson Greenwood noted that he asked this language be added as a constituent wanted to buy a potbellied pig for his wife as she is allergic to cat and dog dander. Councilperson Cole commented that she thought a lot about the proposal to add potbellied pigs and she talked to a number of citizens. Councilperson Cole stated that council passed the property maintenance code and told people they can't park beside their house unless they have a slab of cement. Now we are telling folks, mainly in Ward 2 through Ward 4, that unless they have restrictive covenants they will be subject to this. Councilperson Cole stated she feels allowing the potbellied pigs will decrease property values. If we are allowing potbellied pigs, what about miniature horses. Councilperson Cole stated she feels if citizens want to have potbellied pigs, they should move to the country, and when you live in a city you should not be allowed to keep livestock. Councilperson Cole asked if potbellied pigs would be required to be on leashes and to be licensed. Ordinance Committee February 11, 2008 Page 2 Councilperson Greenwood responded that a potbellied pig should be treated the same as a dog or a cat. Councilperson Steve Schmitt suggested that veterinarians be asked for their input on potbellied pigs. Animal Control noted that they have had three experiences with potbellied pigs; one was trained and the other two acted like pigs. Councilperson Greenwood will visit with several veterinarians and bring back their comments. With no further business before the committee, it was moved by Cole, seconded by Welper that the meeting be adjourned at 5:25 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •