HomeMy WebLinkAboutItem B: Animal Code
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Animal Code
Meeting Date: May 9, 2011 Agenda Item Number: B
Department: Central Services Staff Contact: Keli Osborn
www.eugene-or.gov Contact Telephone Number: 541-682-5406
ISSUE STATEMENT
The Human Rights Commission’s Accessibility Committee identified changing the “dangerous dog
ordinance” as a work plan priority in 2009-2010. This work session will introduce information about
protecting service animals from dangerous dogs, and forecast other potential animal code changes that
could strengthen support and enforcement for companion animals and community members.
BACKGROUND
Within the last three years, there have been at least two instances in which a service animal was injured
by a dangerous dog in Eugene. These actions caused great expense to the owners and significantly
impacted their ability to function normally for the prolonged period without a service animal trained to
meet their needs. The City Code does not distinguish service animals from domestic animals, and
provisions in place for attacks on domestic animals do not provide sufficient protections or redress for
people who rely on service animals.
For a combination of reasons, this issue has been delayed in coming to the council since the
Accessibility Committee developed its proposal. With the animal services review now underway, a two-
step code change process would first address service animals. A second set of animal code changes
would be developed in collaboration with the City of Springfield and Lane County, as the jurisdictions
examine whether greater consistency could promote more effective enforcement.
New protections and sanctions related to service animals would take the approach that these animals are
extensions of the person they are serving. People with disabilities have come to rely on professionally
trained animals to help them live more independent lives.
Service animals are animals that are individually trained to perform tasks for people with disabilities
such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and
protecting a person who is having a seizure, or performing other special tasks. Service animals are
working animals, not pets. Under the Americans with Disabilities Act (ADA), businesses and
organizations that serve the public must allow people with disabilities to bring their service animals into
all areas of the facility where customers are normally allowed to go. This federal law applies to all
businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department
stores, hospitals and medical offices, theaters, health clubs, parks, and zoos. Some, but not all, service
animals wear special collars and harnesses. Some, but not all, are licensed or certified and have
identification papers.
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In summary, code changes would:
(1)Define service animal;
(2)Expand the definition of animal abuse to include physical injury to a service animal;
(3)Require owners to notify the Lane County Health Officer not only for animals biting humans, but
for animals biting service animals as well;
(4)Respectfully modify code language from “handicapped person” to “person with a disability”;
(5)Add violations and sanctions for potentially dangerous dogs for causing harm to service animals;
(6)Provide the Hearings Official the ability to restitution and training for potentially dangerous
dogs; and,
(7)Expand the exemption for dog licensing to include dogs qualifying as service animals.
In vetting the concept of increased protections and sanctions related to service animals, City staff has
consulted with Lane County Animal Services and Municipal Court Judge Wayne Allen.
RELATED CITY POLICIES
Council Goal for a Safe Community - A community where all people are safe, valued and welcome.
COUNCIL OPTIONS
1.Direct the City Manager to schedule a public hearing on a proposed ordinance that would amend the
Animal Code regarding service animals.
2.Defer the issue until other Animal Code recommendations can be prepared and reviewed.
3.Take no action.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 1, proceeding with a public hearing to consider possible Animal
Code changes regarding service animals.
SUGGESTED MOTION
Move to schedule a public hearing on proposed Animal Code changes regarding service animals.
ATTACHMENTS
A. Draft code language: An Ordinance Concerning Amendment of Animal Regulations Regarding
Service Animals
FOR MORE INFORMATION
Staff Contact: Keli Osborn
Telephone: 541-682-5406
Staff E-Mail: keli.m.osborn@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING AMENDMENT OF ANIMAL REGULATIONS
REGARDING SERVICE ANIMALS AND AMENDING SECTIONS 4.330, 4.335,
4.340, 4.395, 4.410, 4.427, 4.435 AND 4.440 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.330 of the Eugene Code, 1971, is amended by adding the definition
of “Service animal” to the list of definitions in alphabetical order to provide as follows:
4.330 Animal Control - Definitions
. For purposes of sections 4.330 to 4.500 of this
chapter, the following words and phrases mean:
(Note: consistent with ADA regulations which became effective 3/15/11)
that is individually trained to do work or perform
Service animal. Any dog
tasks for the benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. Consistent with
federal rules implementing the Americans with Disabilities Act, a miniature
horse that has been individually trained to do work or perform tasks for the
benefit of the individual with a disability may also be considered a service
animal.
Section 2.
Section 4.335 of the Eugene Code, 1971, is amended to provide as follows:
4.335 Animal Abuse
.
(1)
Animal abuse in the second degree. A person commits the offense of animal
abuse in the second degree if, except as otherwise authorized by law or as
provided in subsection (2) of this section, the person causes physical
injury to an animal.
(2)
Animal abuse in the first degree. A person commits the offense of animal
abuse in the first degree if, except as otherwise authorized by law, the person:
(a) Causes physical injury to a service animal; or
(ba) Causes serious physical injury to an animal; or
(cb) Cruelly causes the death of an animal.
(3)
Any practice of good animal husbandry is not a violation of this section.
Section 3.
Subsection (1)(c) of Section 4.340 of the Eugene Code, 1971, is amended to
provide as follows:
4.340 Animal Neglect
.
(1)
As used in this section, "minimum care" means care sufficient to preserve the
health and well-being of an animal and, except for emergencies or
circumstances beyond the reasonable control of the owner, includes, but is
not limited to, the following requirements:
Ordinance - Page 1 of 4
(c) In the case of pet or domestic animals, access to a barn, dog house or
other [i]enclosed structure sufficient to protect the animal from wind,
rain, snow or sun and which has adequate bedding to protect against
cold and dampness.
Section 4.
Subsection (3)(a) of Section 4.395 of the Eugene Code, 1971, is amended to
provide as follows:
4.395 Licenses, Fees and Exceptions
.
(
3)
License Fees - Exceptions.
(a)
No license fee shall be required for any dog owned by a [blind] person
who uses the dog as a [guide] service animal. A license shall be
issued for such dog upon proper proof of rabies vaccination and upon
filing of an affidavit by the [blind person] owner showing such dog to
come within this exemption. Such affidavit shall be filed with the animal
regulation authority.
Section 5.
Section 4.410 of the Eugene Code, 1971, is amended to provide as follows:
4.410 Reporting of Biting Animals
. The owner of an animal susceptible to rabies which
bites a human being or a service animal shall immediately notify the animal
regulation authority or the Lane County Health Officer of such bite, the time and
circumstances of such bite and the name and address of the person bitten, if known.
Section 6.
Section 4.427 of the Eugene Code, 1971, is amended to provide as follows:
4.427 Dogs - Certain Areas Prohibited
.
(1)
Except as provided in subsection (2) of this section, no dog owner shall permit
a dog to be on Alder Street, including the sidewalks thereof, between and
including the southern sidewalk of East 12th Avenue and the northern
sidewalk of East 14th Avenue, nor on East 13th Avenue, including the
sidewalks thereof, between and including the eastern sidewalk of Pearl Street
and the eastern sidewalk of Kincaid Street.
(2)
The prohibition of subsection (1) of this section does not apply to a dog owner
who maintains a lawful residence within the restricted area, to a dog assisting
law enforcement personnel, to a dog assisting [a handicapped person]an
individual with a disability, or to a dog inside a motorized vehicle.
Section 7.
Section 4.435 of the Eugene Code, 1971, is amended to provide as follows:
4.435 Potentially Dangerous Dog
.
(1)
The purpose of this section is to establish a procedure whereby dogs that
pose a reasonably significant threat of causing serious injury to humans,
domestic animals or livestock or property are identified and subjected to
precautionary restrictions in order to prevent initial or additional injuries.
(a) Level 1 behavior is established if a dog at large is found to menace,
chase, display threatening or aggressive behavior or otherwise threaten
or endanger the safety of any domestic animal or livestock.
(b) Level 2 behavior is established if a dog at large is found to menace,
chase, display threatening or aggressive behavior or otherwise threaten
Ordinance - Page 2 of 4
or service animal.
or endanger the safety of any person (Note: HRC
Accessibility Committee had recommended that chasing or menacing a
service animal be a Level 5 behavior – that is, more serious than
chasing or menacing a person. Staff recommends this change instead.)
(c) Level 3 behavior is established if a dog, while at large, bites or causes
physical injury to any domestic animal or livestock.
whether or not confined
(d) Level 4 behavior is established if a dog, , bites
or causes physical injury to
any person or service animal. (Note:
HRC Accessibility Committee had recommended that a dog biting or
causing physical injury to a service animal be a Level 5 behavior, and
this is similar to what exists as Level 4, and also appears to conflict
somewhat with 1.e.1.)
(e) Level 5 behavior is established if:
1. A dog, whether or not confined, causes the serious injury or death
of any person or service animal; or
2. A dog, while at large, kills any domestic animal; or
3. A dog, while at large, kills any livestock; or
4. A dog engages in or is found to have been trained to engage in
exhibitions of fighting; or
5. A dog that has been classified as a level [4]3 potentially
dangerous dog repeats the behavior described in subsection
[4.435(1)(d)] 4.435(1)(c) after the owner receives notice of the
level [4]3 behavior classification.
(2)
Notwithstanding subsection 4.435(1), the director shall have discretion to
refrain from classifying a dog as potentially dangerous even if the dog has
engaged in the behaviors specified in subsection 4.435(1) if the director
determines that the behavior was a result of the victim abusing or tormenting
the dog or other extenuating circumstances.
(3)
No dog shall be classified as potentially dangerous if the behavior in question
was directed against a trespasser on the property of a business which owns a
licensed watchdog, providing the owner has complied with section 4.405.
(4)
No dog shall be classified as potentially dangerous if the behavior in question
was directed against a trespasser that has illegally entered any residence.
(5)
Upon application of the dog owner accompanied by the fee established by the
city manager, the restrictions for a dog classified under subsection 4.435(1)
shall be reviewed by the hearings official after six months for dogs classified
as Level 1 or Level 2 and after one year for dogs classified as Level 3 or
higher. If the dog owner can show that the behavior which caused the
classification has been corrected to the satisfaction of the hearings official,
then the hearings official may enter an order modifying or deleting the
classification.
Section 8.
Section 4.440 of the Eugene Code, 1971, is amended to provide as follows:
4.440 Identification of Potentially Dangerous Dogs; Appeals, Restrictions
Pending Appeal
.
(1)
The director shall have the authority to determine whether any dog has
engaged in the behaviors specified in section 4.435. This determination shall
be based upon an investigation that includes observation of the dog's
behavior by the animal regulation authority employees or by other witnesses
who personally observed the behavior, sign a written statement attesting to
Ordinance - Page 3 of 4
the observed behavior and agree to provide testimony regarding the dog's
behavior, if necessary. The determination may also be based on evidence
that the dog's owner was fined or the dog was classified or registered in
another state, county or city because the dog engaged in the behaviors
specified in section 4.435.
(2)
The director shall give the dog's owner written notice by certified mail or
personal service containing a description of the dog's specific behavior,
classification as a potentially dangerous dog and the additional restrictions
applicable to that dog by reason of its classification. If the owner denies that
the behavior in question occurred, the owner may appeal the director's
decision to the hearings official within 10 days of the date the notice was
received by the owner by certified mail or the owner was personally served.
(3)
The hearings official shall hold a public hearing on any appeal from the
director's decision to classify a dog as potentially dangerous. The owner and
any other persons having relevant evidence concerning the dog's behavior as
specified in section 4.435 shall be allowed to present testimony. The hearings
official shall issue an order containing the hearings official’s determination,
which shall be final.
The hearings official’s order may include requirements
that the dog’s owner pay restitution to the victim, that the dog undergo training,
or any other requirement that the hearings official deems reasonable under the
circumstances.
(4)
Once the owner has received notice of the dog's classification as a Level 1 to
Level 4 potentially dangerous dog pursuant to subsection 4.440(2), the owner
shall comply with the restrictions specified in the notice, within ten days,
unless the owner appeals it to the hearings official. If the director's decision is
upheld on appeal, the dog's owner shall be liable for the cost of the dog's
impoundment.
(5)
If the director finds that a dog has engaged in Level 5 behavior, the dog shall
be impounded pending completion of all appeals. If the director's decision is
upheld on appeal, the dog's owner shall be liable for the cost of the dog's
impoundment.
Section 9.
The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of ________________, 2011 ____ day of _______________, 2011
____________________________ ____________________________
City Recorder Mayor
Ordinance - Page 4 of 4