City Council

TROY CITY COUNCIL GENERAL SERVICES COMMITTEE AGENDA June 14, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Stewart’s Wall Collapse and Overall Engineering in the City of Troy Update from Deputy Mayor on City Projects: 1. Seawall 2. Brunswick Road 3. Northern Drive Signal Replacement LOCAL LAW ORDINANCES 42. Ordinance Amending The Code Of The City Of Troy, Article II Dogs Chapter 124: Animals, Section 124-9 Dangerous Dogs (Council Member Bissember) 43. Ordinance Amending The Code Of The City Of Troy, Chapter 255: Tattoo Parlors, Section 255- 4 Registration Required (Council Member Bissember) 44. Ordinance Amending The Code Of The City Of Troy, Article II Dogs Chapter 124: Animals, Section 124-19 Local Fees And Licensing Requirements (Council Member Bissember) 45. Ordinance Amending The Code Of The City Of Troy, Article II Dogs Chapter 124: Animals, Section 124-13 Seizure Of Dogs (Council Member Bissember) RESOLUTIONS  Ord# 42 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, ARTICLE II DOGS CHAPTER 124: ANIMALS, SECTION 124-9 DANGEROUS DOGS The City of Troy, in City Council, convened, ordains as follows: Section 1. §124-9 Dangerous dogs; is amended to provide and read as follows with new matter underlined and deleted matter stricken. (7) Registration. The City Clerk or his/her designee shall require the owner of a dangerous dog to register such dog with the City Clerk. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, the location where the dog is kept if not the address of the owner and any other information which the City Clerk or his/her designee shall require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $30. Each dog registered pursuant hereto shall be assigned an official registration number by the City Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the City Clerk. The certificate of registration shall be of such form and design and shall contain such information as the City Clerk shall prescribe and shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the City Clerk as prescribed at the determination hearing. (8) Any person owning, harboring or having care or custody of a dangerous dog shall spay/neuter the dog, and have the dog microchipped, at owner’s expense. Section 2. This Ordinance shall take effect . Approved as to form May 25, 2018 _________________________________________ James a. Caruso Esq., Corporation Counsel To: City Council From: Mara Drogan, City Clerk Date: June 5, 2018 Re: Recommended Change to Code on Dangerous Dogs Recommended deletions to the code are indicated with strikethrough. Recommended additions are underlined. https://www.ecode360.com/11131043 § 124-9. Dangerous dogs. B. Dangerous dogs. (7) Registration. The City Clerk or his/her designee shall require the owner of a dangerous dog to register such dog with the City Clerk. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, the location where the dog is kept if not the address of the owner and any other information which the City Clerk or his/her designee shall require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $30. Each dog registered pursuant hereto shall be assigned an official registration number by the City Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the City Clerk. The certificate of registration shall be of such form and design and shall contain such information as the City Clerk shall prescribe and shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the City Clerk as prescribed at the determination hearing. (8) Any person owning, harboring or having care or custody of a dangerous dog shall spay/neuter the dog and have the dog microchipped, at the owner’s expense. Tattooing dogs is an outdated practice and should be replaced by microchipping. And although the law states that a dangerous dog cannot be bred, it does not currently require spaying/neutering. Thank you for your consideration of this proposal. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  Ord# 43 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, CHAPTER 255: TATTOO PARLORS, SECTION 255-4 REGISTRATION REQUIRED _________________________________________________________________________ The City of Troy, in City Council, convened, ordains as follows: § 255-4 Registration required is amended as follows with deleted matter stricken. § 255-4 Registration required. Any person engaged in the business of tattooing shall file a registration form annually with the City Clerk, containing the tattoo shop name, address, telephone number and business hours, along with a nonrefundable processing fee of $200 paid by certified or business check or money order or cash. No personal checks shall be accepted. The registration form shall be filed initially prior to commencing business and annually thereafter within the first 10 days of the year. Section 2. This Ordinance shall take effect immediately. Approved as to form, June 1, 2018 _________________________________________ James A. Caruso, Esq., Corporation Counsel To: City Council From: Mara Drogan, City Clerk Date: June 5, 2018 Re: Recommended Changes to the Code on Tattoo Parlors In my review of the programs and policies of the City Clerk’s Office, I have found that the code on tattoo parlors appears not to have been enforced since 2015. Chapter 255 states that the primary purpose of regulating tattoo parlors is to protect the public health of the citizens of Troy. §255-4 requires tattoo parlors to register with the City Clerk and pay a fee of $200 annually. I find no records of registrations filed or fees paid since 2015. I am concerned that the Clerk’s Office is failing to uphold its duty to enforce the law regarding this permit and that failing to do so has created a liability issue for these small businesses. Furthermore, this requirement seems unduly burdensome, given that the City of Troy has neither the staff nor the expertise to inspect tattoo parlors for reasons of health. From my reading of both the legislation and the NYS Health Department website, it appears that when this legislation was first enacted, the NYS government had not decided how to deal with tattoo parlors and left it up to local governments. Now NYS directs people to the Rensselaer County Board of Health. Tattoo parlors are required to register with the Rensselaer County Board of Health, at a cost of $175. The County Board of Health does perform annual inspections. I therefore recommend that this regulation be repealed. Thank you for your consideration of this proposal. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  ORD. #44 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, ARTICLE II DOGS CHAPTER 124: ANIMALS, SECTION 124-19 LOCAL FEES AND LICENSING REQUIREMENTS The City of Troy, in City Council, convened, ordains as follows: Section 1. § 124-19 Local fees and licensing requirements. [Amended 4-20-1982; 6-7-1984; 10-7-2010 by Ord. No. 10] With the elimination of New York State Agriculture and Markets dog licensing functions, as of January 1, 2011, it will be the responsibility of municipalities to conduct dog license procedures. Local governments are required to establish local fees and policies prior to January 1, 2011, via legislation. This ordinance amends Chapter 124, § 124-19 of the City Code to read as follows: §124-19 ; is amended to provide and read as follows with new matter underlined and deleted matter stricken. (E) Dog license requirements. When licensing a dog in the City of Troy, the dog owner must provide: (1) Proof of dog ownership, i.e., bill of sale from a licensed animal company, or veterinary records documenting the owner's address; (2) Valid New York State driver's license or nondriver's license ID; (3) A notarized "Landlord Permission Form" must be submitted at the time of licensing if the dog owner is not the property owner where said dog is domiciled. (3) Proof of current rabies vaccination, per Article 7 of the Agriculture and Markets Law of New York State § 109-2. Section 2. This Ordinance shall take effect immediately. Approved as to form, June 5, 2018 _________________________________________ James A. Caruso, Esq., Corporation Counsel To: City Council From: Mara Drogan, City Clerk Date: June 5, 2018 Re: Recommended Changes to the Code on Dog Licensing Recommended deletions to the code are indicated with strikethrough. Recommended additions are underlined. The code for licensing dogs in the City of Troy states: § 124-19. Local fees and licensing requirements. E. Dog license requirements. When licensing a dog in the City of Troy, the dog owner must provide: (1) Proof of dog ownership, i.e., bill of sale from a licensed animal company, or veterinary records documenting the owner's address; (2) Valid New York State driver's license or nondriver's license ID; (3) A notarized "Landlord Permission Form" must be submitted at the time of licensing if the dog owner is not the property owner where said dog is domiciled. (3) Proof of current rabies vaccination, per Article 7 of the Agriculture and Markets Law of New York State § 109-2. We recommend removing the requirement regarding the landlord’s permission form. Our experience has been that it places a heavy burden on tenants, especially those with absentee & unresponsive landlords. It does not actually prevent tenants from owning dogs, just from licensing them. Landlords have other legal remedies available to them if their tenants violate their leases regarding dogs or other pets. NYS law requires proof of rabies vaccination before a dog license can be issued; adding this clause to the City code will clarify this requirement for Troy residents. Our goal is to license as many dogs as possible to keep the dogs of Troy safe and healthy, so we would like to make this process as easy as possible. Thank you for your consideration of this proposal. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  ORD. #45 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, ARTICLE II DOGS CHAPTER 124: ANIMALS, SECTION 124-13 SEIZURE OF DOGS The City of Troy, in City Council, convened, ordains as follows: Section 1. § 124-13 Seizure of dogs. [Amended 12-5-1991; 7-7-1994; 5-3-2001 by Ord. No. 7; 10-2-2003 by L.L. No. 4-2003; 7-8-2010 by Ord. No. 5] Per Article 7 of the Agriculture and Markets Law of New York State § 117 Seizure of dogs; redemption periods; impoundment fees; adoption: §124-13; is amended to provide and read as follows with new matter underlined and deleted matter stricken. (E) Redemption fees. Any dog seized for any violation of this chapter or Article 7 of the Agriculture and Markets Law may be redeemed by the owner at the place of impoundment within seven days for licensed dogs and five for unlicensed dogs by producing a valid license, proof of ownership, court deposition if applicable and paying the required redemption fees, impoundment fees, delinquency fees, court fees and any other fees required. (1) Redemption fee: (a) For the first impoundment of any dog owned by that person: $50. (b) For the second impoundment within one year of the first impoundment of any dog owned by that person: $75 for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof; or (c) For the third and subsequent impoundment within one year of the first impoundment of any dog owned by that person: $100 for the first 24 hours or part thereof and $20 for each additional 24 hours or part thereof. (2) Impoundment fee. Dog owners of seized dogs must pay an impoundment fee of $350 per dog (base fee) plus $50 per day for each additional say starting with Day Six from the date of seizure. Per Article 7 of the Agriculture and Markets Law of New York State § 117. (a) For the first impoundment of any dog owned by that person: $50. (b) For the second impoundment within three years of the first impoundment of any dog owned by that person: $100. (c) For the third and subsequent impoundment within three years of the first impoundment of any dog owned by that person: $150. (3) Delinquency fee. If a dog is seized and the dog is not licensed or dog license has expired, there will be an additional fee of $100 $50 at the time of licensing. Per Article 7 of the Agriculture and Markets Law of New York State § 117. (G) Transport Fee: Dog owners of seized dogs must pay a transport fee to the City of Troy for the transfer of their dog to the impoundment facility of $25 per dog.  ORD. #45 Section 2. This Ordinance shall take effect immediately. Approved as to form, June 5, 2018 _________________________________________ James A. Caruso, Esq., Corporation Counsel To: City Council From: Mara Drogan, City Clerk Date: June 8, 2018 Re: Recommended Changes to the Code on Dog Redemption Fees All fees relating to the licensing and redemption of dogs are established by the City, including the delinquency fee, which is set forth by Agriculture and Markets as an amount to be determined by the municipality [Per Article 7 of the Agriculture and Markets Law of New York State § 117]. The current fee structure for dog redemptions in Troy is $400-$520, which is significantly higher than in neighboring municipalities (see attached table). The fees must be paid in cash and there is no appeals process. According to 2016 US Census data, per capita income for Troy residents is $21,919 and median rent costs $848; these figures put into perspective how burdensome an unexpected fee of $400 to $520 might be—often creating difficult choices for residents and their families. The exorbitant cost negatively impacts residents’ decisions regarding their pets. Only 37% of dogs impounded from Troy are redeemed from Mohawk Hudson Humane Society, compared with 46% of dogs from Albany, where the fines are lower. Anecdotally, many residents have expressed to the Clerk’s office that they either could not afford to redeem their dogs at all, that the fees comprised the entirety of the savings they had, or that they used payday loans or other forms of high-interest debt to pay the redemption fees. Past clerks have used their personal discretion to waive fees for some individuals who express the inability to pay, but this practice is arbitrary and potentially discriminatory, and violates the Clerk’s oath to uphold the law (which does not provide for this waiver). It is the policy of the present City Clerk to apply the law in all cases to prevent discrimination and the effect of personal bias, except in cases where both the Animal Control Officer and Mohawk Hudson Humane Society request that the Clerk waive the fines. (Since January, I have only waived the fees twice: once when an 85-year-old man’s house burned down and the dog had to be held while his owner was in Red Cross temporary housing, and once when an abandoned dog proved to have been stolen from a woman in NYC.) Both the ACO and MHHS believe that the current fines should be lowered for Troy residents. We expect that more people will redeem their dogs which would offset the decrease in individual fees. We have also started a campaign to license more dogs in Troy. The Deputy Clerk’s research suggests that less than 10% of Troy’s dogs are currently licensed, based on information from the American Veterinarian Medical Association. We hope that by increasing the number of dog licenses we issue, we can further offset this cost. Thank you for your consideration of this proposal. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov Comparison of Dog Redemption Fees in Neighboring Cities* Municipality Albany Schenectady Watervliet Cohoes Troy Troy CURRENT PROPOSED Impoundment Fees 1st violation $65 + $60/Per $15 + $40/Per $25 + $67/Per $100 $350 $50** Additional Day Additional Day Additional Day 2nd violation $80 + $60/Per $30 + $40/Per $50 + $67/Per $275 $350 $100** Additional Day Additional Day Additional Day 3rd violation $100 + $60/Per $40 + $40/Per $100 + $67/Per $275 $350 $150** Additional Day Additional Day Additional Day Transport Fees None None None None $50 $25 Fines for Unlicensed Dogs (if applicable) $35 None None None $100 $50 License Fees (if applicable) $6-$23 $3.50-$20.50 $13.50-$23.50 $1-$23.50 $7.50-$20 $7.50-$20 Total Cost, 1st $65 - $123 $68.50 - $92 $100 -$123.50 $400 - $520 $75-$145 Offense $85.50 Total Cost, 2nd $80 - $138 $73.50 - $117 $275 -$298.50 $400 - $520 $125-$195 Offense $90.50 Total Cost, 3rd $100 - $158 $73.50 - $167 $275 -$298.50 $400 - $520 $175-$245 Offense $90.50 Additional Other fines apply separately under certain conditions in some municipalities, such as improper shelter, Considerations dog bites, and failure to provide a rabies vaccination. *This table shows the cost of redemption for one dog that is retrieved by their owner on the same day that they were impounded, however, length of impoundment varies, and in some cases more than one dog per owner is picked up by animal control. **Violations to be tracked over a three-year period.