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HomeMy WebLinkAbout06.10.2002COUNCIL WORK SESSION June 10, 2002 4:00 p.m. Council Chambers Members present: Berry, Welper, Greenwood, Clark, Jordan, Hurley. Members absent: Getty. Motion carried. The ordinance regulating noisy, annoying animals as it pertains to the number of persons required to sign citation was reviewed. Bonnie Jacobi, Director of Black Hawk Animal Control, stated that she has reviewed the current ordinance and has suggested verbiage change for the ordinance. Ms. Jacobi stated that the council needs to decide if they want to give the complainant immediate relief, and if they do then they need to remove the requirement for the dog owner to receive a first warning. Ms. Jacobi stated that the current ordinance requires three adjacent owners to sign the petition, then it was suggested to require three adjoining owners, with a third proposal to require three property owners within 100 yard radius to sign the citation. Animal Control is suggesting that three neighboring households be required to sign the citation or petition. If the owner pleads not guilty, then the signatories would be required to appear in court. Councilperson Jordan asked when the owner is given a written warning how long does the owner have to fix the complaint. Ms. Jacobi responded the owner has four working days to rectify the situation. The warning is issued requiring the owner to show the animal is licensed and has a valid rabies vaccination. The Animal Control Officer recommends options to the owner to help stop the barking. The Animal Control Officer then returns to the complaining parties and explains the procedures to them. Councilperson Clark stated he likes the wording suggested by Animal Control because it puts the burden on the court to determine who a neighbor is. Councilperson Clark stated he does not feel it should be up to the Animal Control Officer to decide whether someone is a legitimate complainant or not. Sharon Chapman stated she lives on the corner of Frederick and Maryland, and there are dogs barking in her neighborhood all the time. Ms. Chapman stated she feels it is unfair to expect citizens to have to run around to get signatures from three neighbors. Ms. Chapman stated it is ridiculous that the dogs have more rights than humans. Ms. Chapman explained that Animal Control has been out many times. Some neighbors tune the barking out and others do not want to sign the citation. Neil Seemann, 2850 Independence Avenue, stated he has a problem with this ordinance being put through without any research. The magistrate takes the code word for word and does not have the authority to interpret an ordinance. Mr. Seemann stated he feels the current ordinance works pretty good, but changing to adjacent or separate neighbors would work. The person next door to the offending dog has to put up with most of the noise. Mr. Seemann displayed a silent whistle that no one else can hear, but can make a dog bark because it hurts his ears. Mr. Seemann stated he feels the Animal Control Officer should investigate why the dog is barking. Lisa Kennedy, 906 Hawthorne, stated she agrees with Mr. Seemann that once the citation is in front of the magistrate, he reads the city's code word for word. Ms. Kennedy explained all the time and expense involved when a dog is cited for barking. Ms. Kennedy stated she does not think it is fair that one person should be allowed to sign the citation because a lot of people are not honest. Ms. Kennedy stated she is not sure why she received a citation with only one signature. Ms. Kennedy stated she feels that some times the Animal Control Officer should talk to the complaining parties. Ms. Jacobi stated that an Animal Control Officer can write the citation. If the owner is not home, they will leave a note on the door. Ms. Jacobi stated that the Animal Control Officers often talk to the complaining parties. Council Work Session June 10, 2002 Page 2 Councilperson Welper stated that Ms. Kennedy's citation was dismissed by the court. Ann Berry, 137 Rhey Street, spoke about dogs barking at night when the owner works nights. Ms. Berry stated that she would like the ordinance to be written to require three residents so it will include renters. Ms. Berry stated she does not feel the owner should be given a warning, but should be immediately cited. Ms. Berry stated that Animal Control has no one working at night, so a citizen must call the Police Department. The Police Department says they cannot get out right away because they are busy with other priorities. Ms. Berry asked why can't the owner be cited for disturbing the peace as she feels dogs barking are disturbing the peace. Ms. Berry stated a real estate agent told her it would be hard to sell her home because of the barking dogs. Ms. Berry stated she can't live there, but she can't leave there because of the dogs. Mr. Walsh stated that the magistrate will have to weigh the evidence and make a decision no matter how many of the complainants show up for court. Councilperson Berry asked at what point does noise disturb the peace. Police Chief Tom Jennings responded the officer would have to cite the person whose dog is barking. The owner would have to appear in court. The complaint would be reviewed by the County Attorney, and the County Attorney could issue a warrant to the owner of the dog. Chief Jennings stated that the Police Department does have to prioritize the calls received from citizens. Mayor Rooff stated that he visited with Ann Berry, and the Code Enforcement Officer went to the neighborhood. Ms. Jacobi stated that a court date has been set for June 25, 2002 on Ms. Berry's complaint. Randy Herod, 1278 W. Mullan, stated he supports the changes suggested tonight, but he feels it will increase the workload on the Animal Control Officers and the Police Department. With no further business before the council, it was moved by Berry, seconded by Clark that the meeting be adjourned at 4:45 p.m. Ayes: Six. Absent: Getty. Motion carried. Nancy Eckert City Clerk • •