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Request for Council Action - Ordinance O-2006-14 REQUEST FOR COUNCIL ACTION

ORDINANCE: 0-2006-14

SUBJECT: Amending Title 6 of the Lakewood Municipal Code pertaining to animals.

ADDRESS: N/A

RECOMMENDATION: Mayor and City Council approve the proposed ordinance.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The proposed ordinance amends Title 6 pertaining to animals by imposing greater restrictions and sanctions on irresponsible pet owners whose animals are dangerous, aggressive, or habitually at large. The proposed ordinance imposes stringent mandatory sentencing restrictions on owners convicted of possession of a dangerous animal which include such restrictions as enclosure and fencing requirements, leash length restrictions, muzzles, posted warning signs, implementation of a microchip, and sterilization. The provisions of recently passed Senate Bill 06-025, which require that prior to a dangerous dog receiving any service or treatment by such persons as a veterinary health care worker, a dog groomer, a humane agency staff person, a pet animal care facility staff person, a professional dog handler, or a dog trainer that written disclosure be made of the fact that the animal has been the subject of a dangerous animal conviction, have been included in the proposed ordinance.

A new classification of aggressive animal has been created to address problem animals that have not yet reached the level of being dangerous. Mandatory sentencing restrictions on owners convicted of possession of an aggressive animal include such requirements as the implementation of a microchip and leashing restrictions. Discretionary sentencing authority includes fencing requirements, sterilization of the animal, community service work at an animal shelter, and/or successful completion of an obedience training or pet behavior modification class.

The owners of animals that have been habitually at large will now be required as a condition of sentencing to provide proof of sufficient confinement measures which will secure the animal to avoid future at large violations. Animal control officers have been given greater authority to impound and hold any owner's animals that have been found at large three times within a three-year period. Animal owners whose animals are impounded for being habitually at large, aggressive, or dangerous will be required to post a financial bond with the municipal court to provide for the animal's care and keeping including reasonable veterinary care and treatment at the animal shelter for a period of thirty days. Any animal whose owner fails to post such a bond may be disposed of by sale, adoption, donation, or destruction at the sole discretion of the animal shelter. The proposed ordinance sets forth a due process hearing for owners of animals impounded for said violations.

The proposed ordinance does not include a dog licensing requirement. Subsequent to the April 17, 2006 Study Session at which the countywide dog licensing program was discussed, it was learned that the Jefferson County Sheriff's Department does not have the internal mechanisms currently in place to support a countywide licensing program which includes the municipalities. When the Sheriff's Department is ready with its operational procedures to administer a countywide program, a dog licensing ordinance will be presented to city council.

DATE OF FIRST READING: May 22. 2006

DATE OF SECOND READING: June 12, 2006

ORIGINATED BY: Police Department

STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7102
Holly Gilbertson, Animal Control Supervisor, 303-987-7182

DOCUMENTS ATTACHED: Ordinance O-2006-14
Memorandum of April 11, 2006 Summarizing Proposed Revisions to Title 6 of the Lakewood Municipal Code
Redline Version

SUBMITTED BY:
Ronald R. Burns, Chief of Police

REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager