To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Heidi J. Hugdahl, Deputy Town Attorney
Title
Town Attorney’s Report - Animal Code
Body
________________________________________________________________________________
Given the level of citizen interest in the proposed review of the provisions in the municipal code we are proposing that a staff sponsored community outreach be scheduled before the item is scheduled before Council for discussion. Hopefully we will then have a better idea of the issues that are of most concern to the public.
Generally, we are looking at updating the Code not only to address evolving areas of the law, but also to make changes to assist law enforcement, code enforcement and municipal prosecution in handling cases that come before the court. The Town Attorney’s office, working with the Municipal Prosecutor, the Police Department, Code Enforcement, the Town Clerk, and the Court Clerk, are in the process of reviewing the Code. Globally, we are looking at the following:
° Whether to keep the licensing requirement in place (estimates suggest that only about 3% of dogs are licensed). And, as a caveat, a mechanism to better facilitate and enforce licensing and identification (microchip and tags) and ensure animals are properly vaccinated.
° The number and kinds of animals allowed (i.e., beekeeping, chickens (no roosters), goats, and pot belly pigs).
° Breed specific bans (related to dogs) and the interface with emotional support animals and service animals under federal and state law, including the Fair Housing Act and the Americans with Disabilities Act. We also need to address other kinds of animals that might fall under these Acts, such as miniature horses and monkeys.
° Updating dangerous dog provisions, with two levels of definitions (dangerous and potentially dangerous) affording code enforcement and the prosecutor with more leeway and discretion in handling the cases.
° Adopting code provisions to help with enforcement activities (such as restitution, penalty and nuisance provisions, as well as search warrants), the handling of emergency medical care, entering private property, handling disturbances, running at large provisions, and the handling of animals adjudicated in other jurisdictions as dangerous.
° Handling activities related to fostering, rescues, feeding wildlife, and feral cats.
° Regulations/Guidelines regarding pet shops, kennels and doggie daycares.