Agenda - 11-13-2018 8-a - Minutes

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9 A concern was raised regarding the 18-month period that must pass prior to review 1 – the current language stating 18 months is to allow for staff to conduct the annual 2 inspection of secure enclosures required by the Ordinance. Under the current 3 scheme, an inspection is made annually beginning one year from the declaration to 4 check for and assure ongoing compliance with Ordinance standards. These annual 5 inspections are critical to confirming owner responsibility and compliance with 6 restrictions intended to protect the public and its pets. Reducing the “wait period” 7 before review from eighteen to twelve months would mean that individuals may 8 request a review prior to their first annual inspection. Also, other jurisdictions that 9 have or are considering review of similar declarations, specifically Wake and 10 Pasquotank counties, require 36 months to pass without incident before a 11 declaration can be reviewed. 12 13 Also, a review of relatively recent violations of Ordinance restrictions on dangerous 14 animals resulting in criminal summons revealed that, of eight violations, four 15 occurred less than one year from the declaration, and four occurred more than one 16 year from the declaration. Of the four occurring more than one year from the 17 declaration, two violations occurred approximately two years after declaration, and 18 the other two violations occurred three or more years after the declaration. 19 20 Further, the following table shows the number of dangerous dog and/or animal 21 declarations made for the period 2016 to 2018. The declarations reported in the 22 table are made under state law, local ordinance or both. The bites all involve 23 reports Animal Services has received about a dog biting one or more people (as 24 these bites are required to be reported under state law). 25 Declarations Dog Bites 26 2018 (YTD) 40 109 27 2017 44 195 28 2016 23 163 29 As the table shows, the number of declarations each year is often upwards of 50. 30 These declarations are often but not always made on the basis of a dog bite. In 31 some instances, they are made as a result of injury caused by a dog to another 32 domestic animal off its owner’s property. In others, they are made on the basis of a 33 dog behaving aggressively toward a person off of its owner’s property. 34 35 Finally, the issues addressed on appeal of a dangerous animal declaration are 36 different than those addressed by the proposed review. An appeal is made to the 37 hearing panel pool and then Superior Court immediately following a declaration, in 38 order to determine if the incident forming the basis of the declaration (often, a bite 39 to a person or other animal) occurred and justified the declaration under statute 40 and/or Ordinance. The declaration may be overturned if the hearing panel or a 41 judge determines the incident did not occur or the elements of the offense as 42 defined in the Ordinance have not been met. 43 44 A review is made with the understanding that the incident occurred and justified the 45 declaration (which actually may have been appealed). However, the review 46 examines not only the severity of the underlying facts but several other factors, 47 including measures taken by the owner since the declaration to prevent 48 reoccurrence, to determine whether a similar incident is likely to happen again, and 49