HomeMy WebLinkAbout03-26-96 Health & Public Safety Commfttst Z port:
Health and Public Safety Committee
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The March 26, 1996 meeting of the Health and Public Safety Committee was called
to order by its Chairperson, Council Member Cleo.Washington at 4:50 P.M. in the
Council informal meeting room.
Persons in attendance included Council Members Coleman, Zakrzewski, Kelly,
Luecke,Peifer,Broden, and Varner, Kathy Dempsey,Ann-Carol Simons,David Duvall,
Mary Wadsworth, Jackie Wrolorski, Dr. Carol Ecker, Don Porter, and Kathleen
Cekanski-Farrand.
Cleo Washington noted that the purpose of the meeting was to continue discussion
of Bill No. 2-96 which would amend Chapter 5 of the South Bend Municipal Code
addressing Animal Regulations.
Kathy Dempsey, the Director of Code Enforcement noted that proposed changes
were sent to the Council in a letter dated March 14, 1996 to the City Clerk(copy attached).
Those changes were discussed at the Health and Public Safety Committee meeting of
March 18, 1996.
Ms.Dempsey noted that the Substitute Bill contains the"free ride home"program
which is an in house program where there are no redemption fees. In January and
February there were 7 dogs released each month.
Council Member Coleman questioned what the profiles of the households were
where dogs were returned. He noted that this is important since an educational component
with regard to animal care regulations must be ongoing. Ms. Dempsey noted that most
were cases where the dog was inadvertently left out by a child.
Council Member Broden voiced concern regarding the language on page 4 (7)
addressing an animal has been found at large three (3)or more times in a 12 month period.
He noted that he would prefer additional language specifically stating who makes that
finding and who maintains the necessary documentation.
Council Member Pfeifer voiced concern regarding the language on page 9, § 5-3
sub-paragraph(h)regarding the quorum of the Commission. Ms.Dempsey noted that they
have had quorum problems in the past. Council Member Pfeifer also questioned the
composition of the Commission and stated that she would prefer at least one member of the
public on the Commission to have a greater balance.
Several Council Members voiced concern regarding terminology of declaring an
animal dangerous if it has been found at large three (3) times. Council Member Luecke
gave the example of a neighborhood dog which residents know who walks with the mail
man. Council President Kelly shared a story of their household pet who had inadvertently
left his yard and was subsequently hit by an automobile. He noted that the personal agony
of seeing the hurt animal eventually recover coupled with the concern for the driving
motorist raise safety concerns both for the pet and the public.
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Dr. Carol Ecker noted that at least sixty(60)ordinances from throughout the nation
have been reviewed. The conclusion was that dogs at large should not be at large. Dogs or
animals at large pose a problem waiting to happen whether it be a dog that runs onto a
street,or runs after a child,a jogger or a walker. Dr.Ecker also stated that she opposes the
Health and Public Safety Committee
March 26, 1996
Page 2
"free ride home program"and has located no other community who has such a program in
effect. She stated that she believes it would only cause additional administrative problems
and would be more expensive to the City in the long rum. Dr.Ecker noted that Mishawaka
does not fine the first time an animal is found at large. She also noted that Mishawaka does
microchip.
Mary Wadsworth stressed the danger of driving and trying to avoid an accident
when animals at large are involved. She also noted the dangers to bikers and walkers. She
also stated that microchipping should be done automatically and not delayed for a six (6)
month period. She believes the City's proposed program would be an administrative
headache and would be more costly with regard to follow up measures required to be
taken.
Council Member Washington questioned whether a separate category could be
created addressing animals found at large three(3)times.
Council Member Broden stated that based on his experience of enforcement,that he
does not believe that fines work.
Council Member Varner stated that he would defer to Dr. Ecker with regard to the
dangerous conditions posed by animals at large. He appreciates the example raised by
Council Member Luecke but believes a proper designation is necessary based on public
safety.
Council Member Zakrzewski stated that he agrees that the "label" of dangerous
animal is not appropriate and would support another category.
Dr. Ecker suggested that perhaps animals found three (3) times at large could be
determined to be a public nuisance.
Council Member Pfeifer suggested that perhaps such animals should be labeled
"neglected animal".
Jackie Wrolorski noted that often times dogs at large which are known within the
residential neighborhood are really part of a"neighborhood war". She stated that the Code
Enforcement Department will welcome the three(3)times at large rule,which will address
many of these ongoing neighborhood problems. She noted that the most expensive cost of
any animal control program is the staff, officers and vehicles. The City's proposed
program regarding the"free ride home"she believes would only add to the City's costs.
Council.Member Washington voiced concern regrading that micro-chipping was not
required at time of adoption, and also regarding the "free ride home program". Council
Members Washington and Varner urged the Administration to resolve these concerns.
Council Member Coleman also stressed the need to track the City's program with regard to
quality of service and cost.
Following further discussion. Council Member Zakrzrewski made a motion,
seconded by Council Member Broden that Substitute Bill'No. 2-96 with an amendment
addressing Council Member Broden's concern regarding additional language specifically
stating who makes the at large finding and who maintains the necessary documentation,be
recommended favorably to Council. The motion passed 3-0 with one abstention.
Health and Public Safety Committee
Mach 26, 1996
Page 3
The Council Attorney then reviewed Substitute Resolution No. 96-25 addressing
the Fire Fighter negotiations. She noted that the Mayor and the Council President have had
discussions and that they recommend that a joint effort between the City Administration and
the Common Council take place with regard to these negotiations. She noted that by state
law, the Council is charged with setting all monetary issues,and that also by state law the
Board of Pubic Safety is charged with establishing all working conditions. The resolution
would appoint an agent on behalf of the City to negotiate and that the four(4) additional
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pe from the Council and Administration would be resource persons.
Council President Kelly noted that as President he has selected the Chairperson of
the Personnel and Finance and himself to serve as resource sons. Council uncil Member
Washington raised concern about the opportunity for other Council Members to serve,
especially the new Council Members. Council Member Coleman appreciated his concern
and noted that Council Member Luecke's committee position and past experience coupled
with the Council President being on the Committee are important. He also noted that
although he has never formally served on such an assignment,that it requires an extensive
time commitment. He noted that in the past Gene Ladewski,then Council President and
Ann Puzzello then Chairperson of the Personnel and Finance Committee had been
appointed in the past. The Council President stated that he appreciated the concerns raised
by Council Member Washington.
There being no further business to come before the Committee, the meeting was
adjourned at 6: 30 p.m.
Respectfully submitted,
Council Member Cleo Washington
Chairperson,Health and Public Safety Committee
Attachments
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