official action alert from the BSLWORKSHOP

[Rene Allegrini]

Sunday, July 02, 2006

City Council may add bite to animal-control laws

Proposed changes to rules have been in the works for a couple of months

July 2, 2006

By Shane Benjamin | Herald Staff Writer

Under new rules being proposed for the city's animal-control ordinance, ordinary residents could kill vicious animals to prevent them from harming humans or their pets.



The Durango City Council is proposing to rein in dogs and dog owners with a newly revised, stricter Animal Control Ordinance, which restricts the length of leashes, for example. Other proposed changes include spaying and neutering all dogs and cats, dogs on private property, stricter liability for dog owners who harbor vicious animals and prohibiting owning or harboring wolf hybrids.

Here is a list of some of the proposed changes to the city’s animal-control ordinance:

Controlling dogs on private property

Dogs would be required to be under voice control or physical restraint on private property.

Spaying and neutering

All dogs and cats would be required to be spayed or neutered, with certain exceptions, such as breeding or medical issues. The requirement would contain a "grandfather" clause for animals licensed before the adoption of this rule.

Pets at events

Dogs would be prohibited at city-authorized public events on public property where food is vended or served. This would not include the Farmers Market, because it is not a city event and is on private property.

Barking or nuisance dogs

If an Animal Control officer observes a dog barking for 10 minutes, the pet owner would be issued a summons and complaint. On the first offense, the recipient could pay a fine rather than appear in court. On subsequent offenses, the recipient must appear in court. And after enough violations, a dog could be impounded.

Vicious dogs

Anyone who harbors a vicious dog can be held liable for any damages that animal causes, even if the dog has never shown a propensity toward violence in the past.

If a vicious animal cannot be impounded, the animal may be destroyed by anyone without notice to the owner.

Wolf hybrids

The council may prohibit the owning or harboring of wolf hybrids.

This is just one of many new provisions the Durango City Council will consider adopting Wednesday night.

Other notable changes being proposed:

• Increasing fines for existing dog violations, and adding several new fines.

• Requiring all dogs and cats to be spayed or neutered, with certain exceptions. There is also a "grandfather" clause that exempts previously licensed pets.

• Stricter liability on dog owners who harbor vicious animals, even in first-time-attack situations.

The proposed changes have been in the works for a couple of months - ever since a loose dog in a man's front yard charged a Durango woman and bit her on the leg. The dog was unrestrained in the yard - not a violation of current city law, but another example of a liberty up for change.

After parking tickets, dog complaints are the biggest pet peeves on residents' minds, said Durango City Manager Bob Ledger. He named a few: "Dogs barking, dogs running loose, dogs threatening people, dogs leaping and barking at people from the rear of pickup trucks, feces on the trail, feces in the park.

"There have been several amendments to the ordinance proposed that will be reviewed," Ledger said. "Based on public testimony and (councilors') own judgments, we will see where we go from there as to revisions and amendments to the existing ordinance."

Many residents welcome stricter enforcement. They see a need for better conformance of existing laws. But some take issue with certain provisions.

Ann Bond, a board member of Dogsters Spay and Neuter Program, applauds the city's proposal to require spaying and neutering for all dogs and cats, given certain exceptions such as breeding.

The La Plata County Humane Society became flooded with unwanted kittens this summer, she said, and "the reason there are too many kitties is because the cats aren't spayed and neutered."

But Bond worries about other proposed laws. For example, one that limits leash length to six or eight feet, and another that allows everyday residents to kill vicious animals "to prevent death or serious bodily injury to any person or any animal belonging to said person."

Different people interpret "viciousness" in different ways, she said. Some dogs growl and bare their teeth as a protective instinct, she said, and it doesn't always mean the dog is going to attack.

Limiting leashes to eight feet seems to prohibit retractable leashes, some of which run 20 feet long, Bond said.

"There's a fine line between encouraging people to keep their dogs under control when they're out and about, and discouraging people from taking their dogs anywhere," she said. "And we want dogs to go places with people, because when dogs get exercise they're better. Dogs that get left in the yard all the time bark all the time and that creates another nuisance."

Municipal Judge David Turner, who helped craft the proposed changes, said the new rules amount to stricter enforcement.

It will be up to the City Council to clarify and finalize certain rules - for example, what it means to have a dog restrained on private property. That could mean under voice control, on a leash or behind a fence.

"I think the dog at large on its own property is a significant change, for our ordinance anyway," Turner said.

Councilors also will consider prohibiting owning wolf hybrids.

Mayor Sidny Zink said the changes are necessary to help clarify aspects of the animal-control ordinance and to strengthen other parts.

"We need to have a conversation about spaying and neutering," she said. "We'll see how the public reacts to that."

shane@durangoherald.com



http://www.durangogov.org/resident/g...ntcouncil.html



Sidny Zink

Mayor

247-1019

E-mail: szink@durangocpas.com

April 1, 2003 - April 2007



Douglas Lyon

Mayor Pro Tem

247-8221

E-mail: CityCouncil@ci.durango.co.us

Biography

April 19, 2005 - April 2009



Dale Garland

Councilor

259-3693

E-mail: daleg@bresnan.net

April 1, 2003 - April 2007



Tom Howley

Councilor

259-9563

E-mail: tomhowley@webtv.net

November 15, 2005 - April 2007



Renee Parsons

Councilor

259-2303

E-mail: renee@durango.net

Biography

April 19, 2003 - April 2009

CITY MANAGER

Robert F. Ledger, Jr.

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Durango, CO 81301

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FORM OF GOVERNMENT

Since 1915, the City of Durango has been a home rule city with a council manager form of government. The government operates under the authority of the City Charter, which essentially acts as a constitution for the City. Under this form of government, the eligible electors of Durango elect five citizens as members of the City Council to represent them and serve as the legislative and policy-making authority for the City. The Council takes action by enactment of ordinances, resolutions and formal motions which provide direction for City Staff to follow. The City Council is required by the City Charter to hire a City Manager to be responsible for the day to day operations for the City and to act as the Chief Administrative Officer fulfilling the Council's direction. Every City department reports directly to the City Manager, and the City Manager ensures that each department carries out the policies and goals of the City Council.