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STAFF REPORTTo: Mayor and City CouncilDate: April 28, 2009From: William Hogan, Chief of PolicePrepared by: Captain Daryl Fisher & Assistant City Attorney Curt Euler Via: Gary Jackson, City Manager Subject: Animal Control Ordinance Suggested AmendmentsSummary Statement: The consideration of an ordinance to amend the Animal ControlOrdinance.Review: In July 2008, based on issues raised by the community regarding amending theexisting Animal Control Ordinance, the Asheville Police Department in conjunction with the CityAttorney’s Office held a public meeting to seek public input regarding suggested changes to thecurrent Animal Control Ordinance. The four common issues brought to the meeting included:(1) reducing distance requirements for the keeping of fowl, (2) reduce the distance requirementsfor the keeping of bees, (3) allowing goats on a temporary basis for plant removal, and (4) toenhance the restrictions concerning the tethering of dogs on private property.This background information ties into Council’s Strategic Operating Plan in that an amendedordinance “could” provide a “safer” City for our citizens. Historically and currently, weencourage our Animal Services Officers to be proactive and the goal of our Animal ServicesOrdinance is compliance of the ordinance to ensure the safety of our citizens and their pets.Tethering is the act of securing an animal to a fixed location so that it can only range within a setradius (i.e. tying a dog to a tree in one’s backyard). Tethering has nothing to do with walking adog on a leash and has no effect on one’s ability to take his or her dog out for a walk. Asegment of the City’s population is requesting a complete ban on tethering dogs in the City.After researching this issue, it is staff’s position that such an ordinance could increase thenumber of at large dogs and have a disparate impact on persons who cannot afford proper fencing. It is staff's position that it already has sufficient laws in place to deal with owners whomistreat their animals. Staff also has amended the ordinance to allow for the installation of a T-Runner system to restrain dogs as an alternative to tethering. Staff has heard compellingarguments on both positions. Ultimately, the decision to allow or ban tethering on privateproperty is a policy decision the governing body should make.Another part of Council’s Strategic Operating Plan includes “affordable.” Reducing restrictionsfor the keeping of chickens and bees would allow residents to produce eggs and honey at homethereby reducing food bills. City staff has worked with City residents to relax the restrictions onhaving fowl within the City limits. Staff recommends that it continue permitting chicken coopsand runs and such a practice could produce limited revenue. Staff also recommends continuinga licensing system to prevent persons from investing time and money in constructing coops thatare not in compliance with the City ordinance. City staff supports the proposed changes toreducing the requirement for having fowl in the City with the proper staffing to ensure permittingand inspections are up to date. The Staff also recommends the complete prohibition on havingroosters on one’s property.Brief Synopsis of Suggested Changes includes but is not limited to the following:
 
Section 3-4:Add definitions of Attractant, Refuse, and T-Runner Section 3-5: Allows the City to rescind a civil penalty if a dog owner registers his or her animal within 15 days after the issuance of a citation.Section 3-9:Adds, “No person shall knowingly or willingly leave or store any refuse,food product, pet food or grain in any manner which would constitute theattractant to any wild animal that causes a threat to the public health,safety and welfare of the community.”Section 3-12:(f) Live animals known to transmit the rabies virus shall not be trapped,handled, kept, transported or destroyed except by Animal Control Officersor other authorized persons.(i) Allows the use of T-runners in lieu of a complete ban on tethering.NOTE: Council will be asked to completely ban and eliminate tethering byat least one group.(k) Restricts persons who conduct adoptions in public places to non-profitcorporations whose primary place of business is within Buncombe CountySection 3-16:Reduces the barrier for Beehives from neighboring household from 150feet to 100 feet and requires the owner to get a permit.Section 3-28:(f) allows the animal control officer to review and modify protective ordersif the animal has been without incident for 24 months.(g) In cases where animals cause serious injury to persons, allows theCity to seize the animal, terminate ownership rights and euthanize theanimal. This decision shall be served on the owner and the owner has anopportunity to appeal prior to any action being taken place.Section 3-29:Requires that prior to being released from the shelter the animal is micro-chipped and the animal displays all the proper vaccination and City tags.Section 3-36:Allows a person to have livestock on a temporary basis on his or her property for plant removal upon the issuance of a temporary permit by theCity.Section 3-38:Authorizes an annual fee and inspection for livestock. Mandates area bekept clean.Section 3-50:Prohibits roosters within the city limits. Reduces the barrier for ChickenCoops/Runs from neighboring household from 100 feet to 10 feet from allproperty lines or 50 feet from the nearest residence (which ever issmaller). This is the same standard the City has used for dog kennels for since 2005 with no problems. NOTE: Council may be asked to reducerestrictions to 25 feet by at least one group.Section 3-51Authorizes the City to charge an annual license fee for fowl. Allows theCity the option to conduct inspections on an as needed basis but does notmandate them.
 
Section 3-52Requires that the fowl coop and run be fully enclosed and that the fowlare kept in sanitary conditions.Currently, the City enforces the animal control ordinance based on complaints made to theDepartment. Based on the existing staffing level, the City expects to continue to enforce theanimal control ordinance on a complaint driven basis. In addition, as part of recent budget cuts,the Asheville Police Department had to take a hard look at staffing levels. We had/have two (2)Animal Services positions vacant and frozen. Reduction in staff obviously reduces services thatcan be rendered. An amended ordinance would increase calls for service and increase thenumber of permits to be issued from the current documented level of 11/year to an estimated60-100/year (This number is derived from discussing the matter with chicken advocates andlooking at other jurisdictions who reduced the restrictions on chickens). Thus, adoptingadditional enforcement provisions is cause for reconsidering animal control staffingrequirements.Pros:
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Public and citizen input were utilized in ordinance amendments.
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Suggested changes meet Council’s Strategic Operating Plan in the areas of a safer cityand a more affordable city.
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Promotes elimination of food sources for bears.Cons:
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Amended ordinance would increase calls for service and need for additional staffing.
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Banning of tethering could adversely effect low income citizens and place financialburden on citizens to erect fences to confine dogs.
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Requiring fences to be erected for confinement as opposed to tethering may come intoconflict with existing deed restrictions in some neighborhoods.Fiscal Impact: Ordinance amendments would create the need to fully staff Animal Services asoriginally formed. This would be a need for (4) full time employees. Currently, Animal Serviceshas had to reduce services to two (2) full time employees as well as Monday through Fridayonly, no weekends, and no on call to reduce overtime. After one year of assessment, an evalu-ation would be needed to determine if an increase of one (1) full time employee (FTE) is neededto meet service needs.Salary and Benefits: Entry Level: $25,396.98 annually + 26% for benefits =
$32,000.19
1 Eliminated Position reinstituted1 Vacant Position already budgetedVehicles: Fully equipped Animal Services Truck: $38,000.001 current Vehicle has 174,000 miles and 1 has 96,900 miles.Would need to replace 1 vehicle as part of current year Capital Pur-chases.No additional expenses expected.Laptop Computer: 1 Semi-ruggedized mobile computer @ $2500.00 each
$2500.00
Uniforms: For 2 positions @ $700.00 each :$1400.00 absorbed in current and 2010budget
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