Animal Services Advisory Board

Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov The Animal Control Advisory Board meeting was held at 4 p.m. at 3313 N. Hillside, Wichita, KS 67219. Six Board members and four City staff were present; 15 citizens attended. Members Present Staff Present Chris Hagman Capt. Brent Allred, WPD Judy Handley Lt. Joe Schroeder, WPD Judy Hill Janet Johnson, City Manager’s Office Melodee Myers Jan Jarman, Law Department Christy Rafferty John Stevens Members Absent Guests Teresa Burks Listed on last page Stephanie Fisk McCurdy ORDER OF BUSINESS Capt. Brent Allred called the meeting to order as the Chair and Pro Tem were out of town. He recognized Mayor Longwell, Council Member James Clendenin and Chief Gordon Ramsay and thanked them for attending. Minutes from the Jan. 18 meeting were approved 6-0. STAFF REPORTS Lt. Joe Schroeder provided Shelter statistics for January. Total number of intakes for the month was 585. January reclaims (animals picked up by their owner) - Dogs – 132 – 36% of total intakes - Cats – 6 – 3% of total intakes - Other – 7– 35% of total intakes - Total reclaims 145 - 25% January transfers (animals taken by KHS or other rescues) - Dogs – 208 - 57% of total intakes - Cats – 147 – 74% of total intakes - Other – 7 – 35% of total intakes - Total – 362 – 62% of total intakes January euthanasia - Dogs – 26- 7% of total intakes - Cats – 46 – 23% of total intakes - Other – 6 – 30% of total intakes - Total – 78 – 13% of total intakes January dog bites totaled 37 - District 1 – 10 - District 2 – 5 - District 3 – 7 - District 4 – 7 - District 5 – 3 - District 6 – 5 Page 1 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov January dogs deemed dangerous totaled 6 - District 1 – 0 - District 2 – 0 - District 3 – 5 - District 4 – 1 - District 5 – 0 - District 6 – 0 - Lt. Schroeder said they finished the interviews for the remaining vacant ACO positions so they should be fully staffed again soon. He is still working on the volunteer program; he is working with IT to get the information and the application posted on the website. Judy Hill inquired about a puppy that had been brought in to the Shelter with parvo. She said she overheard the discussion at the front desk where staff was told to contact Beauties and Beasts to see if they wanted the dog. Lt. Schroeder said his staff call Beauties and Beasts first and if they can’t take the dog then they call another rescue; he said WAAL is picking up the puppy. Action Taken: Receive and file. COMMITTEE REPORTS Dangerous Dog Committee John Stevens, committee chair, read a statement outlining the issues the committee has been addressing. He stressed four changes that need to be made. 1. Signs need to be installed telling neighbors or service personnel where this potentially irresponsible dog owner lives. Identifying where the dangerous dog lives with signs, can help save citizens or neighborhood children from having a dangerous encounter with a threatening or vicious dog that lives in this neighborhood! 2. Fees and fines strong enough that they will remove any reward for being an irresponsible or reckless dog owner. Fines that have a minimum amount without mitigation by the judge or the lawyers. 3. Regular enforcement of Wichita city dog ordinances. 4. For repeat offenders, we should require a dog owner “class” that removes any excuse of ignorance of the law or misunderstanding of the rights of other neighbors. Trap, Neuter, Release (TNR) Committee Judy Handley, committee chair, reported they are continuing to work on their survey. Action Taken: Receive and file. Page 2 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov NEW BUSINESS Ordinance update Jan Jarman, Assistant City Attorney, gave a status report on the Board recommended ordinance changes she is working on with WPD. She stressed that the changes have not yet been approved or adopted by the police department. She also noted that animals that are in pain or are engaging in play would not be subject to the below. 1. Codify dangerous dog levels with the goal of declaring more dogs dangerous but having more options ranging from a only a sign and education class to training and a secure enclosure. The purpose would be to give dog owners more warning before they reach levels 3 and 4 and to help notify the public when they are at the home of someone who has a dog deemed dangerous. 2. Change the entity who adjudicates the appeal on a dangerous dog away from the WPD. 3. Change the fees for dogs that are deemed dangerous with a level one being $50 and level 2 and 3 being $300. 4. Increase the criminal penalty for dogs that have been deemed dangerous and have a subsequent incident. 5. Increase the fines for run at large offenses. Levels: 1. Any bite, nip, scratch, abrasion done in aggressive manner (not play, pain or defense) or attack without an actual bite which inhibits movement and/or otherwise qualifies as an “attack” under Chapter 6 Penalty: sign, education class, $50 fee, expired in 2 years if no subsequent occurrences 2. Any bite, nip, scratch or abrasion AND a prior level one determination; or bite that pierces the skin; or bite while running at large; or attack while running at large Penalty: all or some of the following: sign, obedience training, education class, microchip, sterilization, enclosure, $300 fee 3. Any bite requiring emergency medical attention; or any attack or bite incident involving predatory or aggressive behavior while running at large including chasing, stalking, circling or inhibiting movement Penalty: sign, obedience training, education class, microchip, sterilization, enclosure, $300 fee, liability insurance 4. Severe bite to a human requiring significant medical attention, wound closure, or other Page 3 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov emergency medical attention; or demonstrated history of bites or attacks (To be evaluated case by case); or circumstances otherwise indicating a pronounced and obvious risk to public health or safety and Animal is capable of inflicting serious physical harm, death, or damage to property Penalty: euthanasia She said they are also interested in changing who adjudicates dangerous dogs. She said they like Animal Control making the first determination, but if the owner wants to appeal the decision, it doesn’t make a lot of sense to have someone else from Animal Control hearing the appeal. She also reviewed the timeline for finalizing the ordinance. Captain Allred explained the changes are basically adding a level one; levels two through four are already in place. He said currently on a level one, the owner only gets a warning letter; these changes would require the sign and the educational class on a level one offense. He said he has spoken to the Chief about the proposed changes and he is supportive. Melodee Myers asked if she was bit by a dog from a rental property, would the landlord be financially responsible, or would the tenant’s renters insurance be responsible. Capt. Allred said the person who owns the dog is responsible for the insurance. Myers wanted to know if there is any way to involve the landlord when they are renting to people who own dangerous dogs. Capt. Allred said the long term plan is to have all dangerous dog registrations due at the beginning of each year. Then, staff would do a mid-year follow-up at the property to make sure they were still in compliance. Myers wanted to know if dogs deemed dangerous would be public information. Jarman said she believed that it would be, especially since they are required to post a sign. A citizen asked if the dog didn’t have a current rabies vaccination, would the penalty be stiffer? Capt. Allred said the owner would be cited for that. A citizen asked if it would make a difference where the bite occurs, such as the street as opposed to the dog’s yard? Capt. Allred said yes, they take that into consideration. Jarman said regardless of where the bite occurs, the seriousness of the bite should outweigh where it occurs. She said they have seen some extremely serious bites to children that occur in the home. A citizen asked if WPD Officers will receive information on ordinance changes. Capt. Allred said yes, they will receive training. A citizen asked how altercations between animals will be handled. Capt. Allred said those are more difficult to determine. Jarman said typically if those are charged it is because there was a death. Page 4 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov A citizen asked if dogs that were deemed dangerous prior to an ordinance change could take advantage of the “two years with no incidents.” Jarman said no, because this level one didn’t previously exist. A citizen asked if it was going to be possible for the owner to bring character witnesses to the dangerous dog hearing and if they could have legal representation. Jarman said they can’t tell anyone that they are not allowed to have legal representation, but the role that they might play in an administrative hearing could be different. She said they allow witnesses who have had extensive interaction with the dog to testify, but what they want to avoid is 30 people who don’t even really know the dog to come and testify on its behalf. A citizen asked if it would be possible to make spay/neuter mandatory for any dog deemed dangerous. Jarman said the Hearing Officer could order that. Action Taken: Provided feedback. Dog Park survey results Janet Johnson, City Manager’s Office, and Judy Handley, covered some of the highlights and trends from the dog park survey. More than 1,000 citizens responded to the survey and the respondents represented all city of Wichita zip codes. Johnson noted that the large dog areas are used much more than the small dog areas. Chris Hagman said at the Meridian Dog Park that is due to drainage issues in the small dog area. He said every time it rains the small dog area floods. John Stevens said he went to Chapin and Meridian to observe. At Chapin he said a citizen pulled up and let three dogs out of his vehicle off leash. He said there was a trash can sitting in front of the rules, so they weren’t easily visible. At the Meridian Park he said a woman came with a large dog and took it to the small dog area. He said she told him that she had to go in that side because her dog was afraid of the big dogs. Handley said she was surprised at the number of respondents who complained about the lack of shade; she said it was the number one complaint. Some of the other common issues noted were:  People want more dog parks  Want benches to sit on  Shrubs and better landscaping  Agility courses and things for the dogs to do  Lack of lawn care – no grass, muddy, stickers everywhere and glass coming up at Chapin Johnson said failure to pick up excrement was the number one rule violation noted. Handley said yes, and several respondents requested that the City provide bags to pick up excrement with and asked that more trash cans provided. Hagman said baggies are provided; Handley said according to the survey results they apparently are not at all dog parks all the time. The other violation that showed up repeatedly was unaltered dogs. Johnson asked if that was an issue that should be considered by the Spay Neuter Committee or if the Board would be interested in doing Page 5 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov any education at the parks. Capt. Allred said his staff could do some education when they are at the dog parks, but he’s not sure how much good it would do. Stevens said the rules are posted at both parks, but the signs are old and the print is extremely small. It said it would be nice if they could be re-done. Johnson said since the dog parks are located in Districts 1, 3 and 6 the Board could approach their Council Members from those Districts as they are currently soliciting projects that could be funded with the proceeds from the sale of the Hyatt. Handley said the question regarding the age limit for children at dog parks question was split 50/50; this was the issue that prompted the survey. Capt. Allred said he thought improving the signage should probably be addressed. Christy Rafferty said the City could do some nice signs like at the golf course and at Oak Park and the signs could include the plastic boxes for literature. She said then flyers about spay/neuter could be placed in those. Stevens said he doesn’t think we should make a neighborhood police officer responsible for a dog park, but that it would sure be nice if they went by occasionally and viewed what’s going on at the park. Handley said there was one survey response from a person who came to Wichita from Denver. She said in Denver volunteers take care of the parks. Judy Hill asked if a motion needed to be made to recommend new signage at the dog parks. Johnson suggested the Board invite Park Director Troy Houtman to the next meeting to discuss the options. Action taken: John Stevens/Rafferty made a motion to ask Troy Houtman to attend the next meeting. Motion passed 6-0 BOARD AGENDA Melodee Myers expressed her thanks for the new dedicated phone line for mail carriers to contact Animal Services dispatch; she said it is working well and is much appreciated. John Stevens said he thought neighborhood police officers should be made aware of where to pull the data on dog bites so they can report the information at neighborhood association meetings. He said neighbors need to know if their mail service is being threatened. Judy Hill announced she still has an active drive going to collect blankets, towels and newspapers for the Animal Shelter. She said every time she visits the Shelter the items aren’t being used so she wanted to know if she should be getting carpet samples instead. She said staff told her the dogs shred the blankets and they clog up the drains. She said she didn’t know if that was true or not. Capt. Allred said the blankets are being used, and it is true that the blankets get shredded and clog up the drains requiring a plumber to come out. He said he wasn’t sure if carpet would work and it would be hard to clean. Christy Rafferty asked how KHS deals with it; Allred said he wasn’t sure. Page 6 of 7  Animal Control Advisory Board Minutes February 15, 2017 www.wichita.gov PUBLIC AGENDA Scheduled Items None Off Agenda items George Theoharis shared a story about a neighbor’s dog running at large and charging at him. He also shared some ideas he received from Board Member Teresa Burks. A citizen asked for an ordinance that allows Animal Control to take custody of an animal that they know has been abandoned. She said they shouldn’t have to wait two weeks. Jarman said they don’t have to wait two weeks and she shared an example where she obtained a warrant and staff was able to pick up the dog; she was able to charge the owner with cruelty. The citizen asked how long they have to wait before they can get a warrant. Jarman said this was the first one they had done so it took longer, but now they are familiar with the process and will be in a position to do it much more quickly. Capt. Allred said he knows it has been a problem in the past, but now with Jan helping, they are in a position to do these warrants. Jarman said ideally she would like to see the entire process only take three days. She also noted that animals which are outside and are in exigent circumstances can be taken immediately by Animal Services. A citizen asked if a dog is deemed dangerous and the owner can’t comply, could the dog go to a rescue. Jarman said definitely not on a level four, but for the other levels they could take a look at the possibilities. A citizen said he has two care givers for cats and they have been cited and been to court four times. He said he met another woman who had 20 cats and he helped her get some of them fixed and someone came out and told her she had only two weeks to correct the issue and she had 13 cats killed. He said she was told that she needed to get an animal maintenance permit, which takes 30 days, and the Animal Control Officer only gave her two weeks to comply. He wanted to know what care takers should do in these situations. Jarman said the best thing would be to set it for court because everything is put on hold at that point. A citizen announced an HSUS event that allows citizens to interact with their legislators on animal issues. Meeting Adjourned Guests George Theoharis Shonda Koob Randi Carter Kristi Bitler Sarah Coffman Linda Wilkerson Arlene Piatkowski Della Powers Ellen Querner Beth Biehler Kevin Barnes Page 7 of 7