HomeMy WebLinkAbout2008-04-16 CEAC MINUTES•
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I.
II.
Call to Order
City of Englewood
Code Enforcement Advisory Committee
Minutes from the Meeting of
April 16, 2008
Chair Chris Hoagland called the regular meeting of the Englewood Code Enforcement Advisory
Committee (CEAC) to order at 6:52 p .m.
Roll Call.
Present: Chris Hoagland, Marty Mosman, Jill Wilson.
Absent/Excused: Marjorie Becker, Brian Bleile.
A quorum was present.
Ex-Officio Members Present: Council Liaisons Bob Mccaslin (arrived 6:57 pm) and
Randy Penn, Staff Liaison Mike Flaherty, and Sergeant Christian Contos.
Guests: Linda Hart, Lisa Sahli, and Lisa Sickles from the CEAC!fask Force
Subcommittee, and Englewood citizen, Gregory Szynskie .
El Approval of Minutes
There being no amendments, a Motion was made by Jill Wilson to approve the minutes of
the March 19, 2008 Code Enforcement Advisory Committee meeting. Marty Mosman
seconded the Motion. A vote was taken and the Motion carried.
III. fl Public Open Forum
No one was present for the Public Open Forum.
IV. El New Business
There was no new business.
V. ~ Unfinished Business
A. -=' Review of proposed changes to the February 13, 2008 draft Dangerous Animal
Ordinance as proposed by the CEAC!fask Force Subcommittee
At the request of the City Attorney, the following changes recommended to the Code
Enforcement Advisory Committee by the CEAC/Task Force Subcommittee are to be
approved, by Motion, during the April meeting. The City Attorney will incorporate any
of these changes approved , along with any others that may be approved during the
meeting, based on the minutes from the CEAC April meeting minutes .
~ The Code Enforcement Advisory Committee reviewed and discussed proposed
changes .
:~ After discussion of proposed changes and modifications made during that
discussion, Mike Flaherty summarized the Committee's proposed changes , as amended
during the meeting, as follows :
l. Definitions: "At-Risk Animal", page 2:
Change initial sentence of definition by inserting "or" between behavior and
otherwise . Revised sentence should read: "When confined is found to menace,
chase, display threatening behavior or otherwise threatens or endangers the safety
of any person while confined;"
2. Definitions: "Declassified", page 2:
Correct section reference at end of the definition to: "Section 7-lA-16 H "
3. Section 7-lA-2 and Section 7-lA-3, page 4:
Insert "dog or cat owner to allow such animal" into both sections after the word
"any". Revised sections should read as follows:
7-lA-2 : "It shall be unlawful for any dog or cat owner to allow such animal to
engage in "At-Risk" or "Dangerous behavior."
7-lA-3: "It shall be unlawful for any dog or cat owner to allow such animal to
run at large.
4 . Section 7-lA-4: Tethering:, page 5:
Insert the following language before #1.: "It shall be unlawful for any dog or cat
owner to tether such animal except as permitted in this section."
5. Section 7-lA-5: Impoundment of Animals at Large; Notice, Disposition., page
5:
Replace the existing language of this section with the following language:
A. Any dog or cat found running at large may be taken by the City and
impounded in a shelter designated by the City .
B. Except for dogs and cats subjected to cruelty or neglect (7 -lA-9), or that
are dangerous C7-1A-16), or suspected of rabies infection (7-lA-11), any
impounded at large dog or cat may be claimed by and released to its
owner upon payment of fines and fees at the Violations Bureau.
C . Impounded at large dogs and cats not claimed by owner within six
business days may be disposed of by the City in any suitable manner.
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D . Evidence of current rabies vaccination is required prior to release of
impounded dogs or cats.
E. When a dog or cat is found running at large and ownership of such
animal is known to City personnel, such animal need not be impounded,
but such personnel may cite and return the animal to the owner.
F . Immediately upon impounding a dog or cat, the City shall make every
possible, reasonable effort to notify the owner of such animal and inform
such owner of the conditions whereby the owner may retain custody of
such animal.
G. Impoundment fees for dogs and cats shall be set by City Council
Resolution .
Note: Impoundment of any dog or cat subjected to cruel treatment has been
deleted from this section and moved to Section 7-lA-9 : Cruelty to or Neglect of
Dogs and Cats.
6. Section 7-lA-7 : Vaccination Required:, page 6:
7.
Insert the following language at the beginning of this section: "It shall be
unlawful for any dog or cat owner to fail to vaccinate a dog or cat as required in
this section."
Section 7-lA-9, page 7:
Insert "to or Neglect" in the section title to read : Cruelty to or Neglect of Dogs
and Cats.
8. Section 7-lA-9: Cruelty to or Neglect of Dogs and Cats:
In C. 4. remove "daily", and insert ' at least once every seven (7) days." so as to
read: "The living area for a dog or cat shall have adequate drainage such that the
dog or cat is free to walk, sit, stretch or lie down on a dry surface . Excrement
shall be removed aaily at least once every seven (7) days .
9. Section 7-lA-9, page 7 :
Insert a new Section "D" to read:
D. The City may take and impound any dog or cat found to be subjected to
prohibited treatment described in this Section. If the owner has not
submitted a request to reclaim the animal with six business days, the City
may dispose of the animal in any suitable manner. If a claim is made by
the Municipal Court for the dog or cat, the animal shall be held by the
City or by a shelter designated by the City until the Municipal Court
enters an order finding either:
1. Charges under this section cannot be proven beyond a reasonable
doubt, or
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2. The Municipal Court finds that care and maintenance issues
under paragraphs B and C above have been satisfactorily
remedied. The animal may be released upon payment of any
fines, fees and impoundment costs. An animal impounded under
the provisions of Paragraph A of thi s Section shall not be
returned to its owner, but may be disposed of in any suitabl e
manner at the discretion of the City .
10 . Section 7-lA-10 . B : Removal of Excrement; Damage to Shrubbery or Plants,
page 8:
Delete the following from the last sentence of the paragraph: "and such is hereby
deemed to be a public nuisance and prohibited ."
11. Section 7-lA-10 . C:, page 8:
Delete the following from the last sentence in the paragraph: "and the same is
hereby declared to be a public nuisance and prohibited."
12. Section 7-lA-11: Proof of current Rabies vaccination Required for dogs and
cats., page 8:
In Paragraph A . 2 .: insert the word "immediately" between "destroyed" and
"upon" so as to Read, "Any dog or cat impounded un der the provisions of this
Section shall be destroyed immediately upon determination that such animal is
infected with rabies."
13 . Section 7-lA-11 , page 9:
In Paragraph B.1: Change current wording to read as follows:
1. Released upon proof of current immunization and booster injections gi¥eH
administered by a licensed veterinarian prior to exposure .
14 . Section 7-lA-11 : Tag and Collar Required, page 9:
Reinsert this Section, as 7-lA-11.C (formerly incorrectly numbered as 7-lA-8-2)
with the following underlined additions:
"7-lA-11. C. The owner of any dog or cat shall cause to be placed upon the neck
of such dog or cat so owned, kept or harbored , a collar made of durable material ,
having attached thereto a metal tag showing that the dog or cat has a current
rabies vaccination, together with an identifying number thereon corresponding to
the number on the certificate of vaccination. The collar with the tag attached
thereto shall be kept on such dog or cat at all times when the animal is off the
owner's property ."
15 . 7-lA-16 : "Dangerous Animals Prohibited, page 11:
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Paragraph B . Add the following language at the end of the current sentence : 'in
any other jurisdiction shall register said animal with the City as a 'Dangerous '
animal."
7-lA-16, page 12:
Delete Paragraph "F" and re-letter each subsequent paragraph, currently labeled
as "G through "L", as "F" through "K''.
17 . 7-lA-16 . "F" (formerly "G"), page 12:
Change the word "classified" to "defined" in the second line of the first sentence
and delete the last two sentences from this section.
18 . 7-lA-16, page 13 :
Paragraph "H" (formerly "I"): delete subparagraph "l .j." and re-label the
following sub-paragraph from "k" to "j ".
19 . 7-lA-16 -1 (formerly "J") Declassified:, page 14:
Replace the words "will be automatic " with "shall occur" and delete the question,
"Why not include this in the original fine?" in the first paragraph of this section.
20. 7-lA-16-1:, page 14:
Subsection I. "l ', "2 ' and "3" are to read as follows :
"l. Animals that have been classified as "At-Risk" for one (1 ) y ear 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 "
"2. Written certification of satisfactory completion of approved obedience
training, AKC 'Canine Good Citizen ' program or equivalent for the classified
animal, with the owner, and"
"3 . Any additional condition ordered by the City Manager, his designee or the
Municipal Court."
21. 7-lA-16 K (formerly L) Authority for Immediate Destruction: page 14 :
Replace the current language, in total , with the following:
"After making every reasonable attempt 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."
22 . 7-lA-17: Destruction Hearing:, page 14:
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Request the City Attorney to review and to rewrite as he deems appropriate ,
while noting the following concerns of the Committee:
a. City may initiate (or petition the Municipal Court) for the hearing for the
destruction of a dog or a cat that has engaged in behavior defined as
"Dangerous", and such behavior having resulted in a conviction of the
owner for harboring a dangerous animal.
b. Language in paragraphs A and D of the current ordinance has an
objective standard for destruction -two convictions in two years , our
proposal did not have an objective standard, and therefore , neither
preponderance nor reasonable doubt would apply. All the City can do is
state its opinion that the animal presents a danger to the public for which
only destruction can ameliorate .
c. The current language in Section C ofthis section references Section 1-
10-1 , which considers administrative and quasi-judicial hearing, not
hearing before the Court.
d. The Task Force is proposing to permit destruction of a dangerous animal
at the first occurrence of an attack, but to avoid destruction if the animal
isn't a monster.
e. The language in proposed Paragraph D was taken verbatim from
Paragraph E of the current ordinance. However, the committee does not
object to the City Attorney either deleting or rewording this paragraph.
Chair Hoagland called for a Motion to approve these changes.
-Marty Mosman made a Motion to approve the amendments to the draft
Dangerous Animal Ordinance, as amended during the meeting (outlined above). Jill
Wilson seconded the Motion. A vote was taken and the Motion carried
unanimously.
Chair Hoagland next brought up a couple of other changes which the Committee
discussed and added to this list of changes to the Dangerous Animal Ordinance.
-Following this discussion, Mike Flaherty outlined the following three (3)
additional changes to the February 13, 2008 version of the draft Dangerous Animal
Ordinance made during Committee discussion.
1. 7-lA-10. A: Removal of Excrement; Damage to Shrubbery or Plants, page 8:
Add the following language at the end of the sentence:
"and such is deemed to be a public nuisance and prohibited ."
2. 7-lA-16.D.2: Dangerous Animals Prohibited, page 11 :
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Delete the words "a fenced or enclosed portion" from this subsection, to read as
follows :
" 2. Unlawfully engaging in entry into or upon the premises or containment
within which the animal was lawfully kept; or "
3. 7-lA-16. G (formerly H): Dangerous Animals Prohibited-Impoundment
Hearing, page 12:
Insert the following language, after the first sentence of this section:
"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."
Chair Hoagland called for a Motion.
fJbi 8:49 Marty Mosman made a Motion to approve these three additional
amendments to the draft Dangerous Animal Ordinance as outlined above. Jill
Wilson seconded the Motion. A vote was taken and the Motion carried
unanimously.
Guests , including those from the CEAC/Task Force Subcommittee, left the meeting
approximately 8 :50 pm.
Chair Hoagland next proposed that the following items be added to Unfinished Business .
B. E)~ Council Requests from Bob Mccaslin discussed March 19, 2008.
Council has received no response yet on the four Council Requests Bob McCaslin
submitted after the last meeting. Chair Hoagland and Councilman McCaslin decided to
discuss this after the meeting tonight.
C. · ~' City Attorney's Memorandum of March 25, 2008, regarding Snow Removal.
Chair Hoagland summarized that the Committee wants to go to a procedure of first
issuing a warning for a snow removal violation followed by a citation for non-
compliance. Mike Flaherty advised the policy can be changed at any time, but Council
needs to be informed of the change so they are aware of it.
D. El. Weed Ordinance
The Committee briefly discussed this item.
E. ~ . Question on Title 15, Civil Citations
The Committee briefly discussed this item.
Mike Flaherty suggested Items V. B, C, D, and Ebe brought up at the April 28th Study Session
when Council and City Staff will meet with the Code Enforcement Advisory Committee .
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VI.
VII.
VII.
Code Enforcement Monthly Activity Report
Sergeant Christian Contos provided the 2008 activity report along with the 2007 to give a
comparison of activity for the two year period. At this point in April, graffiti is already double
what it was for the entire month of March, dogs running at large has gone up , snow removal will
drop off the report, and weed violations will be appearing.
The Committee discussed the Police Officer training on Code Enforcement procedures, when that
will be completed, and when combined Police/Code activity statistics will be available.
The Broken Windows Philosophy and Community Policing were discussed. Code Enforcement
is trying to be creative by thinking outside the box, and being more modern and proactive to
improve the quality of life in Englewood.
Topics for Future Meetings
• Responses to Councilmember Bob McCaslin's Council Requests brought up at the March 19 ,
2008 Code Enforcement Advisory Committee meeting.
• Memorandum dated March 25 , 2008, from the City Attorney 's Office regarding ice and snow
removal.
• Enforcement of ordina.Tlces conceniJng the outdoor storage of over-sized, self propelled
recreation vehicles.
El A Motion was made by Chair Hoagland and Jill Wilson that Sergeant Contos write
a memorandum to City Council asking for City Council's guidance and clarification on
the policy and enforcement of these ordinances.
Discussion ensued.
-= , Marty Mosman seconded the Motion. A vote was taken and the Motion passed.
Adjournment
Marty Mosman made a Motion to adjourn the Code Enforcement Advisory Committee
meeting. Jill Wilson seconded the Motion. The meeting adjourned at 9:38 pm.
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