HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 12/1/1987MINUTES OF THE WORKSHOP SESSION OF THECITYCOUNCILOFTHECITYOFGLENDALE, MARICOPA COUNTY, ARIZONA HELD TUESDAY, DECEMBER 1, 1987, AT 2:40 P.M. Mayor Renner called to order the Workshop Session of GlendaleCityCouncilinConferenceRoomB-3 of the Council Chambers. Council members present were: Bellah, Huffman, Heatwole, Tolby, Falbo and Hugh. Members Absent: None. Charter Review IssuesTheCityAttorneywill be present to provide an update oncharterissuesandtoanswercouncilquestions. Peter Van Haren, City Attorney, updated the council on thecharterreviewamendments.
Vicious Doa Ordinance
At the November 17, 1987 Workshop, council reviewed the
amended Chapter 6 of the City Code, which deals with the
control of animals. Council asked that staff return the
draft ordinance to workshop when all council members would be
present.
Based on research, a change in the chapter is needed if
council wishes to provide citizens with a clear course of
action to deal with potentially vicious dogs, as well as an
alternative for owners beyond possible destruction of their
dogs for viciousness.
The amendment defines what constitutes a vicious doag as well
as how they are identified and managed. It does not name any
specific breeds as inherently vicious. Any dog may be taken
to a hearing, and with sufficient probable cause judged
vicious, and thw owner required to maintain the dog in a
specific manner.
All dogs need to be managed as potentially vicious; this is
the responsibility of all owners. Dogs running at large
increases the possibility of animal controntation with
people. The focus of this amendment to Chapter 6 is a sense
of responsible ownership.
We envision this program being administered by someone
designated in the City Manager's office with investigating
responsibilities delegated to either Code Enforcement or the
Police Department. Code Enforcement or the Police Department
would be responsible for investigating those cases brought by
either law enforcement of enforcement agents. Citizens
bringing cases forward would be responsible for gathering
their own evidence for the hearing.
Pam Kavanaugh, Assistant to the City Manager, gave a briefpresentation. Allen Iampaglia presented insuranceinformation. Councilmember Tolby felt the insurance provision was tostrong. Mr. Van Haren asked if the city declares a dog vicious willaninsurancecompanyinsurefor $100,000. Mr. Iampaglis saidtheywouldnot. Mr. Van Haren stated then the requirement is impossible tomeet, therefore, may want to change to posting a bond. Mayor Renner asked if the hearing officer would have theauthoritytorequireadditionalfencing. Councilmember Tolbyalsoaskedifhecoulddeclarethedoglessthanviciousandhavetheauthoritytogivedifferentstandards. Mr. Brady
said the hearing officer can only order the requirements set
in the ordinance.
Councilmember Tolby said he would like to see the hearing
officer have some authority to make changes.
Mayor Renner asked if there was latitude in the other cities
who have ordinances set in place. Mrs. Smith said the others
had specific guidelines with no latitude.
Mr. Van Haren suggested giving the hearing officer latitude
to change the terms to fit the circumstances but to leave the
guidelines.
Councilmember Huffman agreed with giving the officer
latitude.
Councilmember Falbo asked if it becomes a risk management
issue when the animal is judged non -vicious and then bites
again. Mr. Van Haren said it will depend on what types of
reasonable effort is made on the investigation.
Councilmember Falbo suggested taking this to a public hearing
for citizens input before it goes on a regular agenda. Mayor
Renner agreed.
Mayor Renner stated the consensus was to add latitude for the
hearing officer and alternative or exclusion on the insurance
provision.
This item will be brought back to workshop after the public
hearing.
Recess
The workshop session was recessed at 3:15 p.m. for executivesession. The meeting reconvened at 4:06 p.m. Joint Meeting: City Council and Board of AdIustmentTheCityCouncilwillbemeetingwiththeBoardofAdjustmenttodiscussissuesconcerningtheboardanditscurrentrole. This is for information only. AdIournmentTherebeing no further business the meeting adjourned at 4:35p.m.
Assistant City Clerk