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2011 11 10 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 10, 2011 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, November 10, 2011, at 5:39 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member Stephen DonCarlos Mayor Robert D. Leiper City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the November 10, 2011, City Council Regular Work Session with a quorum present at 5:39 P.M., all members were present with the exception of Council Members Hoskins and Sheley who were absent. 1. DISCUSSIONS a. Discuss Proposed Dangerous Animal Ordinance - Health and EMS. City Manager Leiper presented the agenda item to discuss the proposed dangerous animal ordinance and stated that Council's feedback is the first step to this discussion which will be followed up with, among other things, discussions at the Animal Control Advisory Board etc. before being returned back to Council for approval. City of Baytown Health and EMS Director Mike Lester stated that the information presented was portions of information from an ordinance that was at one point proposed to be entirely revised. Mr. Lester stated that in the current proposed dangerous animal ordinance, an added definition of a dangerous animal was included which means any animal that: a) Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or City Council Work Session Regular Meeting Minutes November 10, 2011 Page 2 of 3 b) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Council Member Capetillo inquired as to what happens when an animal is chained up and the yard does not have an enclosure. Mr. Lester stated that chaining is covered under tethering requirements by the state and there are other issues that go along with that. City Manager Leiper stated that it may be considered to have something that states if the resident has an animal with a certain type of mannerism, that they be required to have a fence. Mayor DonCarlos inquired if our animal cruelty ordinances in any way address dogs chained to trees. Mr. Lester stated that our current ordinance does not, but the state has a requirement that addresses tethering which is an animal chained to a tree, fence, pole, etc and that the City of Baytown addresses proper shelter but not chaining. Mayor DonCarlos requested to address the situation of animal being chained and having adequate shelter and food to be up to state standards. Mr. Lester indicated that this could be added to this amendment. City Attorney Ignacio Ramirez stated that if there is a state statue the City could use the statue without replicating it. During further discussion, Mr. Lester stated that another definition to be added was secure enclosure which means: A fenced pen, kennel or structure that is locked and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined/dangerous animal; and is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the Health Department. Mr. Lester stated that this applies to an animal that has been declared as a dangerous animal by definition of the ordinance. Mr. Leiper stated that this secure enclosure would not apply to every animal, but only the one declared dangerous. Mr. Lester stated that if an animal is declared dangerous, it shall be unlawful for any person to own, keep or harbor a dangerous animal within the City limits, except as provided in this chapter and the options at the hearing would be to order that the animal be declared not dangerous, or that it is dangerous and either needs to be removed from the city, needs to be euthanized, or remain in the city with certain restrictions. Mr. Lester stated that the animal shelter pulled statistics in regards to bites and it showed that there were more dog bites than any other animal bites of which were mostly instances of dogs biting their owners; and when it came to stray animal bites on humans it was pretty much even between dogs and cats. City Council Work Session Regular Meeting Minutes November 10, 2011 Page 3 of 3 Mr. Lester stated that if it is determined that the animal is dangerous; the owner has the right to appeal. An appeal would go to the Municipal Court and through the court process. The animal owner may also appeal the Court's decision, if necessary. City Manager Leiper stated that there is currently a process in place as it relates to this topic and appeals, but there is nothing in place for an animal attacking another animal or in regards to a dangerous animal. City Manager Leiper stated that we currently would have to wait until the animal bites someone in order for the City to address the issue, so staff is establishing preventive measures before an attack occurs. Mr. Lester stated that each case will be reviewed individually and not all cases will be one of an aggressive dog. Mr. Lester stated that complaints will not be anonymous but will be a sworn complaint and the complainant will have to say who they are and give testimony. Mr. Lester stated that he would like to converse with the legal department to provide a formal draft to present to the advisory committee and receive their input with the possibility of having that meeting as a public meeting and then present back to Council in January for final review and approval. Council Member Sain inquired as to how many calls the animal control receive per month in regards to aggressive dogs. Ms. Marti Lechner stated that they receive about four (4) to five (5) a day with two (2) to (3) being real aggressive dogs that are loose. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the November 10, 2011, City Council Regular Work Session at 6:07 P.M.