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

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10 if there does not appear to be a continued risk to the public safety, the declaration 1 can be rescinded following review. 2 3 3. Animal Control Officers raised concerns about their authority under the Ordinance to 4 impound animals subject to cruel treatment, as Section 4-41(k), Mistreatment of animals, 5 could be read as allowing for only the impoundment of animals subject to tethering. The 6 language, “[an animal] that is in imminent danger,” has been added to the general 7 impoundment authority and process in Section 4-43 in order to clarify this authority. As 8 described in new paragraph 4-38(c) and as required by law, such animals would only be 9 impounded pursuant to consent, a warrant, or an exception to the warrant requirement. 10 11 4. Section 4-51(c)(5), was intended to provide an appeal for citations ordering a public 12 nuisance animal to be removed from the County, as opposed to citations for any public 13 nuisance violation. An “f” has been added to correct this error, so that the language reads 14 “An Owner or Keeper shall have a right to appeal a citation for removal,” rather than “…a 15 citation or removal.” Other citations pursuant to the public nuisance sections of the 16 Ordinance are appealable to the Finance Director through the debt setoff process. 17 18 5. Section 4-53, Appeals, was intended to provide the process for appeals granted 19 expressly by other sections of the Ordinance. However, the language of this section 20 could previously be read as providing an appeal for every violation of the Ordinance. This 21 language has been amended to identify what appeals are granted by the Ordinance: 22 dangerous animal declarations, citations ordering the removal of nuisance animals, and 23 denials or revocations of kennel or pet shops permits. A new appeal is included for 24 citations issued for mistreatment, where the animal has been impounded and the Animal 25 Services Director has determined not to release the animal back to its owner under 26 Section 4-43(c). Citations for other Ordinance violations are not appealable under this 27 Ordinance, but may be appealed to the Finance Director through the debt setoff process. 28 29 Commissioner Price asked if there is a reason that the appeals go through the Chief 30 Financial Officer (CFO) and the finance office. 31 Anne Marie Tosco said all appeals of debt to go to Gary Donaldson, CFO. 32 Commissioner Price asked if this only applies to one appealing a debt. 33 Anne Marie Tosco said the person will get a citation for a monetary amount, which can 34 be appealed to the finance officer. She said the CFO reviews the facts to determine if the debt 35 needs to be paid. 36 Commissioner Price asked if this has anything to do with animal control. 37 Anne Marie Tosco said citations can be for public nuisance, and the finance officer 38 reviews the case to determine its merits. 39 Commissioner Price asked if there is a reason that appeals do not go to someone in 40 Animal Services. 41 Bob Marotto said it is a two-step process: 1.) an appeal is made to an agent of the 42 County, and the designated agent is the CFO, and the merits of the case are what are at the 43 issue. The agent decides if the debt is to be paid based on whether the infraction is 44 demonstrated by Animal Services; 2.) The Office of Administrative Hearings, which takes it 45 outside of the County, but keeps it in the administrative side of things, as opposed to District 46 Court. 47 Commissioner Price clarified that the CFO is not making a determination on the animal 48 itself, but whether the citation has merit. 49