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HomeMy WebLinkAbout2017-03-29 CEAC MINUTES• .Erl'Qlewood MINUTES Code Enforcement Advisory Committee Meeting Wednesday, March 29, 2017 PRESENT: ABSENT: STAFF PRESENT: 1000 Englewood Pkwy-City Council Cont. Rm. 5:30 PM Adrian Fryxell Doug Cohn James Jordan Karl Onsager Peggy Bogaard-Lapp Julie Bowden Dean Stone Jerry Walker None D. Lewis Jr., T. Englert, R. Russell, R. Gillit, K. Kennedy .1. Call to Order 5:35 • 2. Approval of Minutes 10/26/2016 3. Introduction of New Members a. Julie Bowden, Jerry Walker 4. Public Forum 5. Please limit presentation to 3 minutes New Business Review solutions for alley cleanliness, trash, and citation process a. Update on chicken ordinance (10/26/2016 meeting) a. Update on chicken ordinance (10/26/2016 meeting) table for now, gather information, and get public view D. Cohn: Max # of chickens , rooster, housing, homeowners dispatching the bird etc . K. Onsager Motion to form subcommittee 2nd Adrian F. 6 approve, 1 apposed (Cohn) • • • Code Enforcement Advisory Committee March 29, 2017 A Fryxell suggests review of outside agency regulations K. Onsager open to form subcommittee, volunteers are K. Onsager, J. Walker, J. Bowden, and A. Fryxell J. Jordan Motion to table until next meeting 2nd, Adrian F., Unanimously passed b. Update from staff regarding dead tree-removal (10/26/2016 meeting) c. d. e. Update from staff regarding dead tree-removal (10/26/2016 meeting) K. Onsager Motion to table, Unanimously passed Review snow removal and citation process D. Lewis, 130 cases went to summons K. Onsager Motion to table pending further info from staff D. Cohn 2nd, Unanimously passed Review solutions for alley cleanliness, trash and citation process K. Onsager Motion to retable Adrian 2nd, Unanimously passed Review of Dangerous Animal Ordinance (7-1 A-16-H) Code Ent. Requests that the committee review dangerous animals in dog parks and public places. Bowden: What happens when animal deemed at risk Karl: Discussion Dangerous Dogs in Dog Parks A. Animal permit tag recognizable to public B. Disallow in dog parks C. Number of offenses and penalties by court D. Ordinance or code limiting dd from entering dog parks K. Onsager Motion to amend current DD Code to deem dogs from parks. D. Cohn 2nd, Unanimously passed D. Cohn Motion to forward amendments to City Attorney and City Council to stipulate any animal deemed dangerous not be allowed in Englewood parks. K. Onsager 2nd,Unanimously passed • 6. 7. 8 . •• 10. • Code Enforcement Advisory Committee March 29, 2017 A. Fryxell proposed adding wording of muzzling in public parks, not banning. J. Bowden Motion to submit to City Attorney & City Council to amend Dangerous Dog ordinance to read muzzling in public places. A. Fryxell 2nd , Unanimously passed K . Onsager Motion to table until reviewed, A. Fryxell 2nd Unanimously passed Unfinished Business Chicken, snow, trees , dogs, alleys Code Enforcement Significant Events City Council Feedback Topics for Future Meetings a. Schedule next CEAC meeting Adjournment K. Onsager motion to adjourn 7:41 2nd A. Fryxell, Unanimously passed • • • . . CEAC Requested EMC for Meeting on March 29th, 2017 • 7-1A-16: -"Dangerous" Animals Prohibited. A. B. C. D. E. F . It shall be unlawful for any person to own or harbor a "Dangerous" animal, exce pt as provided i n Subsection H of this Section. An owner of a dog or cat that has been adjudicated as having committed acts that would be deemed "Dangerous" as set forth in this Chapter in any other jurisdiction shall register said animal with the City as a "Dangerous animal". The owner of any dog or cat shall be responsible for any damage committed by tha t dog or cat against any property, rea l or personal, live or inanimate , or any person or domesticated animal. It is an affirmative defense to the charge of "At-Risk" or "Dangerous" animal that the person or animal that was attacked by the "Dangerous" animal was : 1 . 2 . 3. 4. 5. 6 . 7. 8. 9 . Other than in self-defense or defense of others, attacking the animal or engaging in conduct reasonably calculated to provoke the animal to attack or bite; or Unlawfully engaging in entry into or upon the premises or containment within which the animal was lawfully kept; or Unlawfully engaging in entry into or in or upon a vehicle in which the animal was confined; or Harassing the animal; or Assaulting another person; or Attempting to stop a fight between the animal and any other animal; or Attempting to aid the animal when it was injured; or Attempting to capture the animal in the absence of the owner; or A veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, Code Enforcement or Police Officer or other professional acting in the performance of his or her respective duties . Exemption. Employees or agents of the City or any local, state or federal governmental entity, using animals within the course of their duties or employment shall be exempt from the provisions of Paragraphs A, B and C above. G. /mpoundment. Any animal which has caused injury to any person or domestic animal or which has committed any behavior defined as "Dangerous" herein, may be seized and impounded as provided for in this Chapter. /mpoundment Hearing. Any animal impounded pursuant to this Chapter may be held for a hearing before the Municipal Court to determine the disposition of such animal. Dogs or cats not claimed by their owners before the expiration of six (6) business days may be disposed of at the discretion of the City. The City shall notify, when ascertainable, the owner of the animal in writing of the date, time, place and purpose of the hearing. The Court may conduct such hearing at the earliest date available to the Court. If, on the date of the hearing, the duly notified owner does not appear, the Court may proceed with the hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal. The Court may order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges. The owner shall bear all costs of impounding the animal regardless of the results of any municipal charges. If the Court determines that it is not appropriate to order the animal impounded the Court may order the animal returned to the owner and to be kept under such circumstances as will ensure the safety of persons, property or other animals. H. Conditions for Keeping an Animal Classified as "Dangerous". 1. The owner of the classified animal shall comply with all of the following conditions: a . b. c. d. e. f. g. The owner of the "Dangerous" animal shall pay a permit fee to be set by City Council Resolution. Said permit shall not be issued until inspection and approval of the Escape- Proof Enclosure. Only one (1) "Dangerous" animal may be permitted, per residence. The owner of the "Dangerous" animal shall keep current the permit for such "Dangerous" animal through annual renewal. Such permit is not transferable or renewable except by the holder of the permit or by a member of the immediate family of such permitee. A "Dangerous" animal permit tag will be issued to the owner at the time of issuance of the permit. Such permit tag shall be attached to the "Dangerous" animal by means of a collar or harness which must be worn by the animal at all times. It should be clearly visible, and shall not be attached to any "Dangerous" animal other than the "Dangerous" animal for which the permit was issued. The owner of a "Dangerous" animal must be at least eighteen (18) years of age. The Court may require proof of liability coverage which will cover any damage or injury caused by a "Dangerous" animal. The owner of a "Dange rous" animal shall, at the owner's own expense, have the "Dangerous" animal spayed or neutered and shall present to the City Manager or designee documentary proof from a licensed veterinarian that this sterilization has been performed. • • The owner of a "Dangerous" animal shall, at the owner's own expense, within ten (10) business days, have a microchip containing an identification number implanted into the "Dangerous" animal. The City Manager or designee shall ma i ntain a file containing the • registration numbers and shall coordinate that list with the State . The owner shall notify I • • • • I. J. K. h. i. j. the City Manager or designee of any change of address within fifteen ( 15) working days. The owner must confine the "Dangerous" animal in a building or enclosure designed to be escape-proof and, whenever the animal is outside of the building or enclosure, keep the animal under the owner's control by use of a leash. The owner shall post a conspicuous warning sign on the building or enclosure notifying others that a "Dangerous" animal is housed in the building or enclosure. In addition, if the conviction is for a second or subsequent offense, the "Dangerous" animal shall also be muzzled whenever it is outside of the building or enclosure. The owner shall immediately notify the City Manager or designee in the event that the "Dangerous" animal is loose, stolen, at large, unconfined, has mauled, bitten, attacked, threatened, or in any way menaced another domesticated animal or human. The owner shall also notify the City Manager or designee in the event the "Dangerous" animal is sold, disposed of, or has died. Failure to comply with any of these conditions may result in the impoundment of the animal, subject to disposition pursuant to 7-1A-16, Section F, EMC. Declassification. A declassification fee in an amount to be set by City Council Resolution will be assessed when the classification period begins. Declassification shall occur pursuant to this Chapter. The following conditions must be met: 1 . 2 . 3. Animals that have been classified as "At-Risk" for one (1) year without further violation , and two (2) years without further violation for any animal classified as "Dangerous", since the most recent citation by such animal, and Written certification of satisfactory completion of approved obedience training, AKC "Canine Good Citizen" program or equivalent for the classified animal, with the owner, and Any additional condition ordered by the City Manager or his designee or the Municipal Court. Euthanization . Upon a classification of "Dangerous" animal, the Court, in addition to the requirements set forth in this Chapter and the penalties set forth in the Code, may hold a hearing to determine if the animal should be euthanized, and, if so, the animal shall be euthanized under the supervision of a veterinarian. Authority for Immediate Destruction. After making reasonable attempts to control an animal , if a Code Enforcement Officer or Police Officer determines that the animal presents a danger to any person or domestic animal, it shall be lawful for the officer to destroy the animal without notice to the animal owner. • 11-3-2: -Removal of Ice and Snow. A . It shall be unlawful for any owner, tenant, lessee or occupant of any lot, block or parcel of real estate within the City, or for any agent in charge of such property, to allow any snow or ice to B. C. accumulate or remain upon any sidewalk contiguous to such property for longer than twelve (12) hours from the time of the last accretion of such snow or ice. It shall be unlawful for any person to remove or cause to be removed any snow or ice from privately owned property within the City and place or cause to be placed such snow or ice upon any street or alley within the City. Exception -snow or ice on sidewalks abutting City streets may be placed in the City street. If such snow or ice is removed into the traveled portion of any street, such snow and ice shall be spread over the surface of such street in such manner as to cause the least interference to traffic and drainage upon said street. • 15-6-1: -Cutting and Removing Weeds and Grass. Every occupant and/or owner of real property shall cut, or cause to be cut, all weeds or grasses over six inches (6") in height growing thereon and shall remove, or cause the removal of, said weeds or grass to a site authorized for such disposal. • 15-7-1: -General Regulations. . \ • A. • B. C. D. E. F . G . H . No person shall throw, place or deposit any trash on any public street, in a public park or place, or in any public building within the City except in trash containers. No person shall throw, place or deposit any trash in any fountain, lake, bay, stream or other body of water within the City nor on any occupied or vacant property w ithin the City. No person shall affix any poster, notice or like device to attract public attention, to any lamp post public utility post, traffi c control device, tree, public structure or building except as may be authorized by law. Every occupant, lessee, or owner of a business property is required to keep the sidewalk adjacent to the property or the proportional share of common sidewalk, walkway, mall, or parking lot free from trash, except as provided in subsection 15-7-3(E). No occupant, lessee, or owner of real property shall sweep into, or deposit in, any gutter, street, alley or public place the accumulation of grass clippings, leaves, branches or trash from his or her building, sidewalk or driveway, except as provided in subsection 15-7-3(E). No driver or passenger of an automobile, motorcycle, bicycle, aircraft, or other vehicle shall throw, place or deposit trash upon any real property or any public street or public area within the City. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City unless its contents are covered or loaded to prevent them from being scattered . • • • • I. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City and in so doing scatter or track any mud, dirt, trash, oil or other foreign matter into a public street, alley or other public place. No person shall throw or deposit trash within the trash container of another person without that person's express consent. • 15-7-2: -Residential District Regulations. A. J 8. No person shall store junk out-of-doors. No person shall conduct or permit salvage or storage operations or facilities in any residentially zoned area. • 15-7-3: -Placement and Removal of Trash. A. B. C. D. E. F. G. Any accumulation of trash on any premises, improved or unimproved, within the City of Englewood is prohibited and is declared to be a nuisance. Every occupant or owner of real property shall remove, or cause the removal of, all accumulations of trash from such property and shall subscribe to a trash removal service with a licensed trash hauler, and, pending the removal, shall place the same in a trash container kept for that purpose. All persons shall store all trash in covered trash containers in such a manner as to prevent it from being carried or scattered by animals or the elements and to prevent the emission of noxious or offensive odors. All occupants or owners of real property shall set trash containers back at least five feet (5') from the side property lines. No person shall store trash and garbage in the front yard for more than twenty-four (24) hours prior to a scheduled collection or pick-up. All persons shall place trash containers within the public right-of-way only on regularly scheduled pick-up or collection days and in a manner which will not obstruct vehicular or pedestrian traffic and shall remove said trash containers from the public right-of-way not later than twenty-four (24) hours after the pick-up or collection. No person shall engage in the business of removing or hauling trash in the City without first obtaining a license therefor. Mandatory trash collection. All garbage, trash, waste and rubbish shall be removed from the property of each owner or occupier of land within the City of Englewood at least once a week . • 15-7-4: -Outdoor Storage of Personal Property. A. B. All Residential Districts. 1. 2. 3. It shall be unlawful for any person to store any personal property in the front yard, as defined in 16-11-2 EMC as amended, front porch, or area visible from the street of any residentially zoned property in the City, except as provided by subsection 3 of this section . Personal property is defined as items such as , but not limited to, camper tops, household appliances, household furniture, household fixtures, building materials, landscape materials and machinery. The following exceptions shall not violate this provision: a. b . c. d . e . f. g . h. Permanently installed facilities. Bicycles and similar vehicles not powered by a motor. Goods offered in a noncommercial yard sale may be stored for a period not to exceed forty-e ight (48) hours. Lawn furniture, including , but not lim ited to, tables, chairs, umbrellas and benches commonly associated with garden/lawn furniture. Furniture and other household goods, associated with moving into -or out of any residential structure, may be stored for a period not to exceed seven (7) days. Landscaping materials to be installed on the same lot(s) that they are stored upon may be stored for a period not to exceed fifteen (15) days . Fencing materials to be used for the construction of fences on the same lot(s) that they are stored upon may be stored for a period not to exceed thirty (30) days. Building materials to be used for construction of structures or facil ities on the same lot(s) that they are stored upon may be stored for a period not to exceed ninety (90) days. Responsible Party. The owner of the personal property as well as the occupant and owner of the property where such personal property is stored shall be responsible for the maintenance of such property in compliance with this Chapter. Current Ordinances that may apply to Chickens/Roosters: 15-11-1: -Animals or Fowl. • • • • • • . ' It is hereby declared to be unlawful for any person to keep or permit upon any premises in the City, any animals or fowl of any kind which, by reason of odor, uncleanliness, disease, sound or cry, shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property, or in any other manner present a menace to the public health or safety. NOTE: this ordinance is especially d ifficult to prove in court. Historically, most of these cases have been dismissed because neighbors are unwilling to formally file complaints or testify in court. 7-1C-2: ·Premises Kept Clean. Any person who owns or controls any lot, barn, stable, shed, building or other place where domestic avian (fowl) or animals are kept , shall keep the building and premises in a clean and sanitary cond ition and shall remove all manure from the premises at least once each week. 7-1C-6: -Prohibited Acts and Conditions. • A. B. C. D. E . F. G. Animals Running at Large. It is unlawful for any animal owner to permit the same to run at large within the City. Any such animals found running at large may be taken and impounded. Disturbance of Neighborhood. It is unlawful for any person to keep or maintain any animal or avian (fowl) within the City wh ich habitually or continuously disturbs the peace and quiet of the neighborhood and the keeping of any such animal or avian (fowl) shall be declared to be a nuisance. Abandonment of Animals. It shall be unlawful for any person to abandon any animal, or to cause such animal to be abandoned . Cruelty to Animals. It shall be unlawful for any person to overdrive, overload, drive when overloaded , overwork, torture , deprive of necessary sustenance, cruelly beat, mutilate or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhumane manner, any animal or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any animal to fail to provide it with proper food, drink and protection from the weather or to cause any of these acts to be done. Molesting Birds . It shall be unlawful for any person within the City to at any time frighten , shoot at, wound, kill , take, capture, ensnare, net, trap or in any other manner molest or injure any bird, fowl or water fowl or in any manner molest or injure the nest, eggs or young of any such bird, fowl or water fowl. Dyed Pets . It shall be unlawful for any person to possess, display, sell or give away dyed, colored or in any way artificially treated baby chicks, ducklings, avian (fowl), rabb its or any animals as pets , playthings , novelties or gifts . Indecent Exhibition of Animals. It shall be unlawful for any person to exhibit any stud horse or bull or other animal indecently. It shall be unlawful for any person to let any male animal to any female animal unless the same be done in some place wholly enclosed and out of public view .