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AGENDA ITEM REVIEW FORM |
2.E.
Work Session
- Meeting Date:
- 03/07/2018
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Discussion Item - No Action to be Taken
ITEM:
Discussion and possible directions to staff on any and all matters regarding Ordinance No. 380. An ordinance of the Mayor and City Council of the City of San Luis, Arizona amending the San Luis City Code Title IX, Chapter 95 relating to animals by adding Sections 95.04 through 95.07 regarding dangerous dogs; repealing any conflicting provisions; providing for penalties; and providing for severability. (Richard Jessup, Acting Chief of Police)
SUMMARY:
This ordinance is to address dogs getting loose and attacking animals and people. These dogs present a danger to the public. This ordinance provides a procedure through the Municipal Court that the dog may be declared dangerous if solid reasons exist. There are options for the Municipal Court to issue orders that it deems appropriate under the circumstances. These options range from requiring the dog to be kept in a proper enclosure or enclosed yard to ordering the destruction of the dog. The ordinance protects dog owner's rights as well. The dog owner gets notice and an opportunity to be heard. Under this ordinance, it is unlawful to keep a dangerous dog except under the conditions ordered by the Court. Violations will be penalized by San Luis City Code Section 95.99 as a Class 2 Misdemeanor, which is $750 fine or 4 months in jail. Each day of a violation is a separate violation.
In addition to the proposed ordinance, staff has attached a legal memo and easy-to-use forms for filing in court and giving notice to the dog owner.
In addition to the proposed ordinance, staff has attached a legal memo and easy-to-use forms for filing in court and giving notice to the dog owner.
RECOMMENDATION / SUGGESTED MOTION:
Discussion and possible directions to staff only, no action.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There are filing and penalty fees associated with this item, but they are not anticipated to generate any appreciable amount of revenue. The Court may waive the filing fee. The purpose of this Ordinance is not to generate funds but instead have a fair mechanism for dealing with dangerous dogs for the safety of the community.