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HomeMy WebLinkAbout08-19-87 Public Safety • Qtnnuntttn Export P PUBLIC SAFETY COMMITTEE • ju n Common Qtounctl of tip Ulttg of South $rnd: The August 19 , 1987 meeting of the Public Safety Committee was called to order by its Chairman, Councilman Ann Puzzello, at 4: 30 p .m. in the Council informal meeting room. Persons in attendance included : Councilmen Taylor , Puzzello, Beck, Serge, Braboy , Zakrzewski ; Pat DeClercq , Marva Leonard, Dennis Donovan, Debra Catalado, Teresa Lacapo, Dr. Carol Ecker, Edmond Chester , members of the news. media, and Kathleen Cekanski-Farrand . Councilman Puzzello noted that the purpose of the meeting was to discuss Bill No. 74-87 regarding animal and fowl . She noted that the Council members making up the Public Safety Committee were Councilmen Braboy , Serge , Voorde, Taylor , and herself as chairman. Councilman Beck, the sponsor of the bill , noted that she believes there is ample evidence , based on public safety concerns, for the proposed ordinance. She noted that in the last two (2) weeks, she has been approached by not less than four (4) pit bulls. She noted that she had received numerous telephone calls from residents - all supportive of the bill. She further indicated that she has numerous video tapes addressing the problems of potentially vicious dogs, including the American Pit Bull Terrier , which she would make available for anyone who is interested. She then asked the Council Attorney to review the proposed bill . Kathleen Cekanski-Farrand , Council Attorney , noted -that there is specific statutory authority , both in home rule and other areas of the Indiana law , which gives the City the authority to utilize their police powers to reasonably regulate animals. She additionally noted that there is ample case authority which has upheld the use of such police power . She noted that in 1985 this Common Council spent a consider- able amount of time in the preparation of the passage of the new animal and fowl regulations passed that year. She also indicated that approximately two (2) years ago, Councilman Ann Puzzello requested a study into whether pit bulls could be banned. Her research at that time indicated that such a prohibition would not withstand a legal challenge, and that is her same position today. However , with the increasing concern regarding unprovoked attacks, especially by American Pit Bull Terriers, the research in this area has intensified. She noted that she has reviewed over fifty (50) laws, both at the state and local levels, dealing •waa Pant PUa11SHIMG CO R Public Safety Committee Minutes/August 19 , 1987 Page 2 with vicious dogs and American Pit Bull Terriers. She stated that there are several national statistics which should be high- lighted , namely : - 21 of 29 dog bite deaths in 1983 were caused by pit bull terriers 7 of 11 dog bite deaths in 1986 were caused by pit bull terriers - all five (5) dog bite deaths this year were caused by American Pit Bull Terriers She stated that there is ample evidence for the City of South Bend to reasonably regulate for the protection of its citizens and their public health, safety and welfare. She stated that the City must impose reasonable regulations which delicately balance the rights of those persons who wish to own dogs and those who do not. In specific reviewed cases dealing with vicious dogs and American Pit Bull Terriers , there are some common threads throughout . - Those laws which have been struck down have been held to violate specific state laws. - Those which have been struck down have had excessive criminal penalties within them. - Those which have been struck down have banned ownership entirely. - Those which have been struck down have been found to be constitutionally vague. She noted that in particular , some of the cases at the district court level have held that such ordinances do not violate the equal protection or due process clause of the 14th Amendment of the United States Constitution. She further indicated that a well known U.S. Supreme Court opinion handed down in 1938 has been referenced , which opinion held "that once the legislature has drawn a classification , neither the finding of a court arrived at by weighing the evidence, nor the verdict of the jury can be substituted for it." She then briefly highlighted some of the information from the Humane Society of the United States. In their July 1979 publication, they stated "the pit bull terrier is 4 Public Safety Committee Minutes/August 19 , 1987 Page 3 the preferred dog of dog fighters. The dogs natural agressive tendencies make them easy to train for fighting." In their January 21 , 1986 pit bull report, similar evidence was stated. In their June 1986 "Close-up Report", it stated that "the American Pit Bull Terrier is the most commonly bought breed." "Due to generations of selected breeding for a combative disposition , along with a grueling training regiment that cultivates the animal 's blood instincts, it virtually is impossible to keep fighting dogs from attacking each other once they have eyed an opponent." She noted that the proposed legislation for South Bend does not ban pit bull terriers , it does not set forth criminal sanctions since such are prohibited by State law, but that it does attempt to protect the public by specifically setting forth ownership responsibilities for those individuals who wish to own potentially dangerous dogs. She stated that the proposed legislation would compliment the new Indiana State law which took effect this year which relates to "offenses related to animals" which makes animal fighting a Class D felony punishable by two (2) years in prison and a $10,000 fine . She also noted that the Humane Society locally does not allow the adoption of American Pit Bull Terriers and that any which are turned in are humanely euthanized. She also indicated that Councilman Puzzello has provided written documentation from at least one (1) insurance company which specifically singles out the American Pit Bull Terrier and "that due to its fighting nature , will not be covered through insurance . " The Council Attorney also noted that she had reviewed information from the United Kennel Club which was organized in 1898, the American Dog Breeders Association, the American Kennel Club which was organized in 1884 , and the American Research Fund . She then briefly reviewed the proposed bill. She noted that there have been proposed amendment discussed with the sponsor of the bill , Councilman Beck, resulting from a meeting with Patricia DeClercq , head of the Department of Code Enforcement , Marva Leonard of the City Attorney' s office , and Councilman Ann Puzzello. Some of these amendments include the incorporation of the definition of "bite", the incorporation of Public Safety Committee Minutes/August 19 , 1987 Page 4 the State law definition of "criminal trespass" , the incorporation of the definition of "fight" utilizing the State law definition, incorporation of a definition for "unprovoked", the reduction of the proposed insurance coverage from $500,000 to $300, 000 , incorporation of the Department of Code Enforcement anywhere that the South Bend Police Department is indicated, the incorporation of a sign stating "Beware, Potentially Dangerous Dog" which would be part of the licensing procedure, additional regulations with regard to pens or structures for such animals, and the incorporation of the concept that ownership of such a dog would be termporarily forfeited if such a dog does cause "serious injury" and that the costs to board the dog pending legal process would be a cost assumed by the dog's owner. In response to questions from Councilman Taylor, Dr. Carol Ecker stated that currently the Humane Society has hired a contractor to construct cement block rooms with ten ( 10) foot ceilings to house potentially dangerous dogs and the American Pit Bull Terrier. She stated that there was an incident at the Humane Society where an American Pit Bull Terrier was able to get out of its cage and attack two ( 2 ) other dogs. She also confirmed that when American Pit Bull Terriers are turned in to the Humane Society , they are not allowed to be adopted and are humanely euthanized. She further stated that although she would prefer not to single out a breed , there is ample evidence to show that these dogs are potentially dangerous due to their fighting nature. She also stated that her staff is very much aware of the characteristics of the American Pit Bull Terrier and could determine these characteristics . Councilman Tom Zakrzewski had a series of questions with regard to the proposed legislation. He specifically questioned whether , in fact , the American Pit Bull Terrier is vicious because of its training or breeding and was told that it was a combination of both. He also had several questions with regard to enforcement . Patricia DeClercq of the Code Enforcement Department stated that the procedure with regard to enforcement would be similar , if not identical to the enforcement of the current animal control legislation. Both Mrs. DeClercq and the Council Attorney emphasized that when there is an alleged ordinance violation such as the dog running at large, the dog would be picked up and taken to the Humane Society. The dog would then be held for the period of time set forth in the ordinance and, if it was not claimed by the owner, it would then be humanely euthanized. The other way that the ordinance could be triggered into effect is if a complaint would be registered by a citizen within the City . Public Safety Committee Minutes/August 19 , 1987 Page 5 Dr. Ecker and Teresa Lacapo stated that they would prefer that the tatooing required by the ordinance be done by a licensed veterinarian. This recommendation was favorably received by the Committee. Councilman Taylor stated that he was initially somewhat on the slow side to support the proposed legislation; however, he was leaning toward its adoption. He stated that the process of singling out the American Pit Bull Terrier would be appropriate if there is evidence to support that it is a vicious dog. He further stated , based on the information heard this afternoon , that there appears to be such evidence. He also stated that the insurance requirements proposed in the ordinance would be similar to the insurance requirement placed on automobile owners who wish to own a Honda or a Corvette. You pay more for the Corvette and that owner is specifically singled out. He stated that there is a history of this dog becoming potentially dangerous and that the evidence shows that there is a real problem throughout the nation. He concluded that , based on public safety reasons, he would be supporting the bill . Dr. Ecker again stated that she would prefer not to specifi- cally label the American Pit Bull Terrier but believes that it should be since she would not want a pit bull terrier residing next door and would fear for the safety of her family as well as the safety of her animals. Councilman Zakrzewski asked several questions with regard to attack dogs and the rights of the owners of dogs if that dog were to bite someone. He feared that this would trigger the process wherein the dog could be euthanized. Marva Leonard of the City Attorney's Office and the Council Attorney stated that they were working on this specific issue so that such a situation would not take place. They both recommended that with the incorporation of the definition of "criminal trespass", an innocent owner of a dog who does bite someone who comes on to its property (which would fall into the category of a "criminal trespass") would not be subject to the penalty provisions of the proposed ordinance. The Council Attorney stated that there would be amendatory language proposed in this area. Councilman Eugenia Braboy stated that she believes that we must protect the value of human life and that we must emphasize that owners of dogs must be responsible individuals. She stated that we should not place more value on an animal than on that of human life. She stated her belief that the City should make every effort to protect human life and that one way of doing this would be to pass reasonable legislation. She stated that she was, in fact, an "animal lover". Public Safety Committee Minutes/August 19 , 1987 Page 6 Mr. Edmond Chester, a citizen of South Bend , stated that he would prefer that the City not single out a specific breed and feared that other breeds would be selected by the City at a future date. He further stated that 3 , 369 stray dogs have been picked up by the Humane Society during the period 1-1-87 through 6-30-87 . Only 406 dogs have been licensed within the City. Councilman Ann Puzzello stated that the area of enforcement was a serious one. She noted that she had provided the Committee with information regarding an insurance company which took the position (in 1986) that it would not insure the "American Pit Bull Terrier" and other vicious animals . Teresa Lacapo stated that she hoped that an amendment would be incorporated whereby both the City Controller's Office and the third party designee would have copies of the owners of licensed dogs under the proposed ordinance. Debra Cataldo questioned the enforcement aspects. She stated her belief that the City was doing a very good job with regard the enforcement of the current laws on the books. The Council Attorney stated that she would also propose that the effective date for the proposed ordinance be October 1 , 1987 so that ample notice could be provided to the citizens of South Bend if the ordinance is passed . Following further discussion by the Committee , Councilman Serge made a motion, seconded by Councilman Taylor, that Bill No. 74-87 with the proposed amendements highlighted by the Council Attorney be recommended favorably to Council. The motion passed unanimously . Councilman Beverlie J. Beck thanked the Humane Society and all of the breeders present as well as the Council and members of the public for their recommendations with regard the proposed ordinance. She also stated her hopes that a census could be conducted of all dogs and cats throughout the City. There being no further business to come before the Committee , the meeting was adjourned at 6 : 35 p.m. Respectfully submitted , Councilman Ann Puzzello, Chairman