HomeMy WebLinkAboutItem 1 - Ordinance Concerning Dogs on Alder Street
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Dogs on Alder Street and
Repealing Section 4.427 of the Eugene Code, 1971
Meeting Date: September 19, 2011 Agenda Item Number: 1
Department: Eugene Police Staff Contact: Lieutenant Doug Mozan
www.eugene-or.gov Contact Telephone Number: 541-682-5164
ISSUE STATEMENT
This is a public hearing to gather public comments on an ordinance concerning dogs on Alder Street. In
1996, the City Council adopted a prohibition on dogs in the business district around the intersection of
th
East 13 Avenue and Alder Street. Councilor Betty Taylor has introduced an ordinance to repeal the
ban on dogs in this neighborhood. The ordinance repeals the entire section 4.427, and thereby permits
dogs in this area. No other changes to animal regulations are affected by the proposed ordinance.
BACKGROUND
In August 1996, the City Council adopted Ordinance 20057, establishing a ban on dogs in the business
th
district around the intersection of Alder Street and East13 Avenue. The area where dogs are banned
thth
was expanded in Ordinance 20071, and currently includes Alder between East 12 and East 14 avenues
th
and East 13 Avenue between Pearl and Kincaid streets. At the initial public hearing on August 5,
1996, there were 42 people speaking on the topic, with 18 speaking in favor of the ban, and 20 against
the ban (the remaining people were neither for nor against). The council discussed the issue at its
meeting on August 7, and adopted the ban on August 12, 1996. The ordinance has remained in effect
since that date.
The original intent of the ban was to address health and safety concerns, as well as congestion, caused
by the number of dogs in the business area. At the time the ban was sought and later enacted, large
th
groups of people flocked to the East 13 Avenue corridor because of the favorable conditions for pan-
handling, drug sales and drug use. Many of these transients had dogs. Area residents and students
reported frightening encounters with aggressive dogs. A ban on dogs was one tool sought to mitigate the
problem of lawless behavior among transients.
Reviewing the testimony provided during the last City Council hearing about this topic, there is both
support and opposition to the ban. Those who opposed the ban said that it was inappropriate to
implement an area-wide ban of normally lawful activity to target a small portion of the population.
Others commented that there are already regulations in place to address the criminal activity, and that
those regulations should be enforced rather than adding more regulations. Those who spoke in support
of the ban expressed public health and safety concerns resulting from dogs in a congested commercial
area.
S:\CMO\2011 Council Agendas\M110919\09-19-11 Item 1-Ordinance Concerning Dogs in the Area of Alder and 13th streets.doc
th
What endures to this day is an absence of the dog problem behavior in the East 13 Avenue corridor.
When the occasional student or business owner transits the area with a dog, they are reminded of the
ban, and respond with little resistance. Residents in the area know the rules, and do not cause conflict
with the ordinance. Dog nuisance issues can be addressed immediately because of the ban. If the ban is
lifted, addressing issues will not be as timely. While there currently is a requirement that dogs be
licensed, there is a five-day grace period after someone moves to Eugene, which delays the ability to
take enforcement action on unlicensed dogs, as it does elsewhere in the city.
Meanwhile, a new generation of transients is frequenting areas of Eugene with dogs. The more
congested the area, the more public health and safety concerns arise due to conflicts between the dogs
and the people in the area.
During the past five-year period, 10 citations have been issued in this area, with three in the FY2009-
2010 period. This can be compared with 512 total calls for service city-wide for aggressive or at-large
dogs for the same two year period.
RELATED CITY POLICIES
None.
COUNCIL OPTIONS
No formal action is required as this is a public hearing. Council action has not been scheduled.
CITY MANAGER’S RECOMMENDATION
This item is scheduled for public hearing only. No action is required at this time.
SUGGESTED MOTION
No motion is proposed for the public hearing.
ATTACHMENTS
A.Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Carter Hawley, Eugene Police Department
Telephone: 541-682-5852
Staff E-Mail: carter.r.hawley@ci.eugene.or.us
S:\CMO\2011 Council Agendas\M110919\09-19-11 Item 1-Ordinance Concerning Dogs in the Area of Alder and 13th streets.doc
ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING DOGS ON ALDER STREET AND
REPEALING SECTION 4.427 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.427 of the Eugene Code, 1971, is repealed.
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 an individual with a disability, or
to a dog inside a motorized vehicle.]
Section 2.
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 1 of 1