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Exh 3BAGENDA ITEM 3B JULY 14, 2003 STAFF REPORT City of Atlanfic Beach Commission Meeting AGENDA ITEM: Animal Control Report DATE: June 26, 2003 i SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: Purpose: The purpose of this report is to review Animal Control in the City of Atlantic Beach, including the city code and the penalties, and to identify any deficiencies or problems that may exist. The report will include historical information as well as discussions of existing demands and codes relative. to animal care and control Additionally, recommendations will be included to update the code and resolve existing problems. History: Animal Control services in Atlantic Beach were originally covered under the Inter- local Agreement with the CiTy of Jacksonville. At that time, Jacksonville handled all animal control complaints throughout Duval County. Atlantic Beach did not have any animal control responsibilities or staffmg. During the 1980s, the CiTy Commission in Atlantic Beach expressed their dissatisfaction with the level of aniahal control services in Atlantic Beach, and they authorized an Animal Control position in the Police Department. Since that time, a second animal control position was added to the Anima] Control Division in the Police Department. The City Code that addresses animal issues has been updated on a number of occasions over the past 20 years. Despite some extensive, and often emotional debate, it was consistently concluded that citizens should be allowed to have animals on the beach. Tn 1997, a committee was appointed to review and update the animal control codes in Atlantic Beach. The code was updated, including the penalties for. violations of the code. As a result of attrition and difficulty fmding qualified applicants for animal control positions, the animal control positions were vacant during most of the year 2002. After aggressively recruiting for the position, two animal control officers were hired in August of 2002. Since that time, they have been trained and certified by the Florida Animal Control Association, and they have been certified in the use of chemical capture equipment. AGENDA ITEM 3B Ji7LY 14, 2003 Existing Demands: One of the most common fallacies relative to Atlantic Beach Animal Control is the misperception that most of the animal problems exist on the beach. When there is an animal problem on the beach, it tends to be highly visible, and it receives a great deal of attention. A dog running loose on the beach and creating a nuisance is very likely to be viewed by a large number of citizens who will tell others about it. For this reason, a perception is created that the animals on the beach aze the most significant problem relative to animals. The reality is that the vast majority of animal control problems in Atlantic Beach are unrelated to the beach. Animal control officers receive numerous telephone calls and complaints on a daily basis, and they include: Disputes between neighbors. Complaints of aggressive and dangerous dogs. Complaints relative to strays Complaints of animal cruelty by citizens. Complairts of cats, especially feral cats, damaging property and creating a nuisance. (At one time, complaints about cats greatly exceeded the complaints on dogs in the city) Complaints relative to undomesticated animals including rats, bats, raccoons, opossums, armadillos, birds, snakes, alligators, and others. Assistance for birds including transportation and care at BEAKS. Adoptions of animals. Complaints of animal related noise, especially bazking dogs. Questions relative to state and local laws. Problems with injured and/or diseased animals. Investigations of animal bites and/or injuries that require reporting to the Health Department and the Police Department (which might include quarantining the animal) Requests for information and referral services for adoptions, diseases, and pet caze. In addition to responding to these demands, Animal Control Officers must keep the vehicles, facilities, and equipment clean and serviced. And, the animal control officers must maintain a public presence throughout the city through routine patrol. AGENDA ITEM 3B JiTLY 14, 2003 Fees vs. Fines In the City Code, there are fees and fines. "Fees" aze reasonable charges for providing services provided by city staff members. For example, an redemption fee is intended to recover the costs of an animal control officer's time to catch an animal, to transport it to the holding facility, to accompany the owner to pay the impoundment fee, and to release the animal to the owner at the holding facility. This is intended to recover the city's cost of providing services. It is not intended to be punishment for an infraction of the law. A fine is a penalty For the violation of the city code. It is not related to any specific services. Penalty Structure: The current penalty structure for Animal Control Violations is separated into two (2) distinct sections, based on the nature of the violation. The Animal Control code identifies two (2) sections entitled Article I and Article II. Violations of Article I aze criminal violations, which means that the penalties include the possibility of incarceration. This makes the violator subject to arrest by a police officer, and it empowers a judge to make a determination relative to the punishment of not more than $500 fine and/or 60 days imprisonment, or both. Examples of violations under this article include an Attack or Bite by a Dangerous Dog, the classification of a Dangerous Dog, Injuries caused by Animals, Cruelty to Animals, and Interfering with an Animal Control Officer. Animal Control Officers have no authority to make arrests. ' Violations under the Article II are punishable through a fine structure starting with $25 for a first offense, and rising to $250 for a third or subsequent offense. These offenses are typically less serious offenses including Registration and Tag Required, Impoundment fees, Running at large, Leashing, Damaging Property, and Disturbing the Peace. Animal Control Officers may issue citations for violations under this article. This penalty structure was recommended by a citizen committee and adopted by the City Commission in 1997. Whether or not to increase the fine structure is largely up to the City Commission. Animal Control Staff members have not recommended an increase for the basic fine structure. Recommendations: The following changes aze recommended for implementation by the City Commission: 1. We recommend that third and subsequent violations. of Article 2, be elevated to include penalties of incazceration and/or fines. There are a small number of animal owners who consistently violate the animal control laws, and they ignore animal control citations. If the third offenses were elevated to criminal offenses, AGENDA ITEM 3B JULY 14, 2003 then these individuals would be compelled to address their offenses in front of a judge. If they repeatedly ignore anima] control citations, then they would eventually be arrested. 2. We recommend raising the redemption fee for animals from $20 to $30. The approximate cost for catching, impounding, and releasing an animal, is approximately $30. If we simply recover the costs to the City of Atlantic Beach, then we need to raise this fee to $30. 3. We recommend raising the redemption fee for any animal that has to be tranquilized with chemical capture equipment, to $100. When an animal is tranquilized, animal control staff members must use specialized equipment and drugs for this purpose, and the City is required to provide veterinary services. The cost for these services and supplies is estimated at $100. 4. We recommend raising the registration fee for dangerous dogs to $100, renewable yearly. A dangerous dog requires a great deal of time from Animal Control Officers, and the fee for the tag should be significant enough to help defray some of the expenses. 5. We recommend that if a dangerous dog is impounded for running at-large, then the redemption fee should be raised to $150, in addition to fees for the use of tranquilizing equipment if used. These dogs present a hazard to animal control officers and city property, and they require special accommodations. The redemption fee should be raised to reflect this appropriately. 6. The City of Jacksonville requires owners to obtain liability insurance, and they' must maintain a $100,000 surety bond for the dog. We recommend that Atlantic Beach add the same requirements for dangerous dogs. We recommend the elimination of the Registration and Tagging requirements, with the exception of a fee for the registration of dangerous dogs as discussed above. When this tagging requirement was implemented, it was largely due to the inability of staff to identify the owner of an animal that might be picked up and/or injured. However, the county tags that are presently issued allow animal control staffto identify the owners 24 hours per day. There is no longer a need to issue Atlantic Beach tags for identification purposes. The fees for the tags aze inexpensive ($5 for a permanent tag, $15 if the animal is not spayed or neutered), and tags aze accessible for non-residents as well as residents. If their purpose is to generate revenue, then they are unsuccessful. It probably costs more to process the tags and record the information than the minimal fees will cover. If their purpose is to keep people from bringing their dogs from other azeas to Atlantic Beach, then they are unsuccessful. There aze a lazge number of people who have purchased tags so that their animals can enjoy Atlantic Beach. AGENDA ITEM 3B JiILY 14, 2003 8. We recommend a fine of $100 for dogs in heat and cats in heat. The purpose of this is to address the overpopulation of stray animals in Atlantic Beach, and to prevent other problems associated with these animals running at-large. BUDGET: None RECOMMENDATIONS: To authorize staff to make changes to the City Code consistent with the recommendations contained in this report. ATTACEiMENTS: Section 1-22 General Penalty; continuing violations Chapter 4 of the City Code ~,. ,REVIEWED BY CITY ITEM NUMBER: