Animal Services Advisory Board

Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov The Animal Control Advisory Board meeting was held at 4 p.m. at 777 E. Waterman, Wichita, KS 67202. Eight Board members and four City staff were present; 15 citizens attended. Members Present Staff Present Teresa Burks Capt. Brent Allred, WPD Chris Hagman Lt. Joe Schroeder, WPD Judy Handley Janet Johnson, City Manager’s Office Judy Hill Jan Jarman, Law Department Stephanie Fisk McCurdy Melodee Myers Christy Rafferty John Stevens Members Absent Guests Listed on last page ORDER OF BUSINESS Chair Stephanie McCurdy called the meeting to order. Minutes from the Jan. 15 meeting were approved 8-0. McCurdy announced the Board meeting was going to be moved to City Hall. Judy Hill objected and made a motion that the meeting be moved to the Kansas Humane Society. John Stevens said he felt like the Board should be able to continue to meet at Transit. He said the bicycle board meets there. Teresa Burks expressed concerns about the size of the room at KHS. Mark Eby, KHS Director, said they could open it up to make it larger. Janet Johnson said City Council had requested the meeting be moved to City Hall so they could attend some of the meetings. Johnson also expressed concerns about the room not being set up and ready for the meeting; Eby said that would not be an issue as he would ensure the room is set up and ready. Capt. Allred said the reason the meeting needed to be moved was because Transit employees who were trying to enforce the parking rules were treated poorly and they shouldn’t have to put up with that. Allred said he was fine with trying the meeting at KHS and if it didn’t work, the meeting be moved to City Hall. The Board voted 1-0-7 on moving the Board meeting to KHS. Johnson said Board members are not allowed to abstain from voting unless they have a financial conflict of interest. The Board voted 8-0 to hold the meeting at KHS. STAFF REPORTS Lt. Joe Schroeder provided Shelter statistics for December. December reclaims (animals picked up by their owner) - Dogs – 117 – 31% of total intakes - Cats – 9 – 4% of total intakes - Other – 0 – 0% of total intakes - Total reclaims 126 - 20% December transfers (animals taken by KHS or other rescues) Page 1 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov - Dogs – 248 - 66% of total intakes - Cats – 169 – 72% of total intakes - Other – 7 – 70% of total intakes - Total – 424 – 69% of total intakes December euthanasia - Dogs – 8- 2% of total intakes - Cats – 57 – 24% of total intakes - Other – 3 – 30% of total intakes - Total – 68 – 11% of total intakes December dog bites totaled 35 - District 1 – 9 - District 2 – 3 - District 3 – 7 - District 4 – 3 - District 5 – 4 - District 6 – 9 December dogs deemed dangerous totaled 3 - District 1 – 0 - District 2 – 0 - District 3 – 1 - District 4 – 0 - District 5 – 0 - District 6 – 2 - Lt. Schroeder said they discovered the reporting of euthanasia numbers has been incorrect for quite some time. He said when a dog is transferred, there is a box that needs to be checked on the computer system; if it isn’t checked it automatically defaults to the euthanasia category. He said a couple of staff members had not been checking the box when a dog was transferred, so the euthanasia numbers that have been reported have been too high. That issue has now been corrected and the numbers will be correct moving forward. He also reported the camera system has been installed and is functional. He said they are firming up the requirements for the Shelter volunteer program. They are going to start out with four volunteers who must be over 18 years of age and must be willing to sign a waiver; no City employees or members of rescues will be allowed to volunteer. He said during the first phase volunteers will be required to give at least four hours a week and will be assigned cleaning duties. The second phase will require the volunteers to put in 240 hours. During that time they will receive training on breed recognition and will start greeting customers and helping citizens locate lost pets. Phase three of the program will require volunteers to submit to a background check. Those volunteers will be responsible for scanning animals for microchips, contacting the registration company and then attempting to locate the owner. Once there are four volunteers trained and Page 2 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov working, staff will be able to evaluate how things are going and then add more volunteers. He said the volunteer applications should be ready the first part of February. Several rescues gave reports. Mark Eby, KHS, provided a handout on the organizations’ 2016 successes. He reported KHS cared for a total of 15,660 animals in 2016; live animal intake was 11,918 of which 5,280 were transferred in from Animal Services. He said the euthanasia rate was 1,588 which is down 554 from last year. The live release rate was 87%. Some of the things that have contributed to their success in the live release rate include a barn cat program, a kennel cough loft and a full time rescue coordinator. He also provided information on the youth summer program at KHS. Several local rescue groups who provided information on their organization’s achievements included Wichita Animal Action League, PALS Animal Rescue, Beauties and Beasts, Friends of Felines and Country Cats. Action Taken: Receive and file. COMMITTEE REPORTS Spay Neuter Committee Teresa Burks, committee chair, reported the committee has been discussing the potential benefits of mandatory spay/neuter for cats and City licensing of cats. She said they need to do additional research on the subject. Judy Handley asked how that would impact TNR/cat colonies. Burks said the committee envisions those would be handled similarly to an AMP (Animal Maintenance Permit) licensing. She said they are also discussing educational opportunities such as “feed a cat, fix a cat.” Burks said they would like to encourage area veterinarian involvement because KHS and Spay Neuter Kansas are at maximum capacity for people utilizing their services. Christy Rafferty said vets might get involved if an organization like Spay Neuter Kansas could help with the paperwork by verifying income information. Burks said vets could also be encouraged by being designated as a “cat hero” clinic. Dangerous Dog Committee John Stevens, committee chair, said he would like to pass his five minute to item 5 on the agenda. Trap, Neuter, Release (TNR) Committee Judy Handley, committee chair, said they discussed setting up a pilot so they can study whether TNR is working in Wichita. She said they would like engage with some existing cat colonies and record the data on what is occurring with the colony. She said internet research is extremely varied. Burks and Handley discussed the variables impacted by care givers. She said the committee is also considering a survey similar to the recent dog park survey. Action Taken: Receive and file. NEW BUSINESS Ordinance Amendment to Section 7.04.070 Pertaining to Nuisance Lighting and Sections 6.04.040 and 6.04.050 of the City Code Pertaining to the Control of Animals Page 3 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov Jan Jarman, Assistant City Attorney, presented proposed changes to the ordinance. She provided background on why the ordinance needs to be changed. Section 7.04.070 pertaining to nuisance lighting and Section 6.04.040 pertaining to barking dog issues currently allow citizens to sign complaints with no review, reporting, or oversight of a law enforcement officer or inspector. Section 6.04.050 makes it a crime to obstruct Animal Control Officers. Ethical rules require prosecutors to proceed with the prosecution of cases only where probable cause exists to indicate that a violation of the City Code has occurred. Allowing citizens to charge their own cases puts the prosecutor in the position of proceeding in a case where there may be no probable cause and no independent third party investigation. The amendments allow citizens to make reports which will then be investigated by Animal Control or MABCD officials and are necessary to ensure the minimum standard of probable cause is met before a case is charged. Amendments to Section 6.04.050 eliminate an ordinance which is duplicative of other ordinances and is potentially in conflict with case law regarding an individual’s responsibility to identify themselves to law enforcement or code officers. Burks asked if they ever use mediation. Jarman said her hopes are that community police will be able to do some of that. She did note that often, by the time someone is to the point they are ready to file charges they are angry and so mediation doesn’t work. Johnson said she would send the Board a barking dog informational brochure that City staff utilize. Action taken: Provide feedback Committee recommendation for increase in fines John Stevens, Committee chair, presented a recommendation from the Dangerous Dog Committee for an increase in fines related to dangerous dog offenses. He said Wichita is the sixth worst city in the nation for dog bites to postal carriers. He also talked about the number of neighborhoods that have lost their normal mail service due to dogs. He said neighbors should be made aware their mail service is in jeopardy and community police officers should be reporting these dog bite issues at neighborhood meetings. Stevens said the committee is recommending that the running at large fine be raised to $75, second offense $150 and third offense $300 and a court appearance. The committee is also recommending a standardized dangerous dog on premesis sign, and that the dangerous dog fine be raised from $150 to $300 and the annual registration fee be raised from $100 to $300. McCurdy asked Jarman what the court costs are. Jarman said court costs on any citation have a $69 court cost and if it goes to trial it is $125. Stevens made a motion that the Board recommend the ordinance changes be approved by the Police Department and presented to City Council. Capt. Allred wanted to clarify if the committee wanted to recommend an increase for the fine for dog bites. Stevens said they do, but they haven’t had time to thoroughly discuss the matter Page 4 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov yet. Allred said he can start the process on the current recommendations, but he would like to have the additional recommendations by the next meeting. Burks said she really liked the sign and she thinks the offense fines are good, but that the dangerous dog registration fee might be a little high. She wanted clarification on which level dog was required to have the sign posted. Lt. Schroeder provided an explanation and said the $300 recommendation is becoming standard nationwide. Burks asked if he felt like $300 was appropriate and he said yes. McCurdy opened the floor for public comment. Randi Carter voiced her objections to the $300 dangerous dog registration fee, stating she had three dogs that she would have to pay that fee for and she explained the circumstances on each dog. A lengthy discussion between Carter and Stevens ensued. George Theoharis talked about the high number of bites occurring in Wichita, particularly in District I. He said he thinks that not enough dogs are being deemed dangerous with 870 dog bites last year and only 66 dogs deemed dangerous. Burks asked about what occurs in isolated incidents of a dog running at large that poses no public threat. Lt. Schroeder said he and his staff at the Shelter work with citizens on these situations. Jarman further explained court options. A citizen who lives in the Schweiter neighborhood related a very sad story about her dog being killed by neighbor’s dangerous dogs. She felt like if stronger penalties had been in place her dog might not have been killed because Animal Control had multiple complaints on these three particular dogs. She said the neighbors only complied with three of the seven court requirements and no follow up was done. The final incident resulted in her dog being killed and she had to receive numerous stitches in her hand. She said the landlord refused to do anything about the pit bulls. She said a year and a half later she has only received about 1/3 of what the dog owner was ordered to pay her even though she has been in constant contact with the probation officer. She said there is no reason someone should have to go through was she had to. Action Taken: The motion received a second from Rafferty and passed 8-0. Jarman told Stevens she would attend the next dangerous dog committee meeting. Liability waiver Lt. Joe Schroeder, Animal Services, presented a proposed liability waiver that rescue workers and volunteers will be required to sign before they are allowed one on one interaction with the animals at the shelter. The intent is to remove the City/taxpayers from liability. Action Taken: Stevens/Burk made a motion to recommend approval of the liability waiver. Motion passed 8-0. The park survey agenda item was moved to the February meeting. Page 5 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov BOARD AGENDA Burks and McCurdy reported they will not be able to attend the February meeting. Hill asked Capt. Allred the status of the RFP; he said he hopes to have it out in March. Hill said she didn’t understand the proposal; Allred said it’s for someone to come in and take over the Shelter operations. Hill wanted to know if having their own veterinarian was a requirement; Allred said that could be a possibility. PUBLIC AGENDA Scheduled Items None Off Agenda items George Theoharis reported the Post Master spoke at his neighborhood meeting and Channel 12 failed to adequately cover the dog issue. A citizen asked if she could legally remove a sign that she saw placed in the City right of way for puppies for sale. Johnson said no, that the Law Department is making some changes to the sign code. Jarman said she believes they are close to finalizing those changes. A citizen said she wants the State Statute changed so dogs aren’t considered property in Kansas. She was encouraged to contact her State Legislators. A citizen asked what it would take to change the City’s pit bull ordinance; Jarman said they would have to find a Council Member who supported changing it to initiate the process. The discussion centered around the ability to have 15 pit bull “puppies” even though adult ownership is limited to two and all pits are supposed to be spayed or neutered. Allred said to get any recommended ordinance changes regarding that to him. There was also a question on what the process is for pit bulls who are released from the Shelter unaltered; Schroeder explained how that process works. Burks and Schroeder discussed some alternative options to ensure compliance was met. Schroeder said he would follow up on that. Ellen Querner from Spay Neuter Kansas said the clinic performs surgeries on lots of pits that are involved in the court system so some aspects of the process are working well. Meeting Adjourned Guests George Theoharis Randi Carter Sarah Coffman Arlene Piatkowski Ellen Querner Page 6 of 7  Animal Control Advisory Board Minutes January 18, 2017 www.wichita.gov Beth Biehler Bob Scurfield Cheryl Taskinen Lonny Wright Kevin Barnes Donna Wirth Page 7 of 7