Enacting Proactive Ordinances-Omaha’s Story - · PDF fileEnacting Proactive...

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Enacting Proactive Ordinances-Omaha’s Story

Mark Langan

VP-Field Operations

Nebraska Humane Society

NACA Conference

Baltimore

October 2015

City of Omaha, Nebraska

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City of Omaha, Nebraska

• 76,406 licensed dogs

City of Omaha

• 1,374 licensed Pit Bulls in 2008

• Estimated 6,000 Pit Bulls in Omaha

2008 Dog Bites-Omaha

• 499 documented dog bites in 2008

• 119 by pit bulls in 2008 (#1 dog by 50 bites)

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Duke

Duke (Post-Bite)

Charlotte Blevins

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Wendy Blevins

Wendy Blevins

Charlotte Blevins Bite

• News Headlines:

• Girl Mauled in Dog Attack Recovering; Mayor to Look at Pit Bull Options

• A Pit Bull Ban in Omaha Could Still be Possible

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• Mayor Fahey names Pit Bull Task Force


• Councilman Garry Gernandt believes that some kind of universal dangerous dog law is the way to go.

• But Council President Dan Welch is demanding more. Welch says he's inclined to consider a ban.

Charlotte Blevins

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New Omaha Ordinances

Redemption FeesChange

• Unaltered animals:

• 1st redemption: $100 ($65 refunded if proof of altering within 90 days

• 2nd redemption: $300 ($230 refunded)

• 3rd redemption $600 ($460 refunded)

Off-Duty Omaha Police Officers

• Beginning November 1st, off-duty OPD officers will be at front counter from 11am to close, 7 days a week.

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Omaha Tethering Ordinance

• Animals can’t be tethered out for more than 15 minutes.

• The animal can be tethered for more than 15 minutes with a person 19 or older in the yard

• Tether must be 5 times length of animal’s body, have swivels on both ends, weigh no more than 1/8 of animal’s weight, free of tangles

• Tether prevents animal from being within 15 feet of public street or sidewalk


• Tether: Restrain a dog by tying the dog to any object or structure, including, but not limited to, a house, tree, fence, post, garage, or shed by any means, including, but not limited to, a chain, rope, cord, leash, trolley system, or running line. This shall not include a leash when used while walking an animal.


• Trolley Requirements:

• A dog can be tethered for no longer than 1 hour on a trolley and only if a person 19 or older is present the entire time

• Trolley must be 15 feet long, less than 7 feet above ground and meet the same requirements of a tether

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Omaha Tethering Citations2009-2014

2009: 79

2010: 19

2011: 24

2012: 24

2013: 22

2014: 11

Potentially Dangerous Dog

• Definition:

• -any animal that when unprovoked: inflicts an injury on a human that doesn’t require medical attention, injures a domestic animal, chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude or attack

Potentially Dangerous Dog

• Definition:

• -any specific animal with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals

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Potentially Dangerous DogDeclaration

• NHS will provide notice to owner declaring dog to be potentially dangerous

• (handout)


• Owners will have 30 days to do the following:

• Spay or neuter

• Microchip

• Purchase a PDD license for $100


• Owners will have 90 days to do the following:

• Attend responsible pet ownership class

• Attend dog behavior class, at NHS discretion

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Owners must always do the following:

• -dog must be on leash no more than 6 feet long, walked by person age 19 or older

• -dog must be muzzled and harnessedwhen off property


• Must obtain a $100,000 insurance policy and show that upon proof of licensing (and keep in effect while animal is still so designated)

Potentially Dog Declarations-Omaha

• 2009: 89

• 2010: 67

• 2011: 53

• 2012: 97

• 2013: 89

• 2014: 90

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2009-2014 (Omaha):

• Total: 485 dogs declared PDD

2014 PDD Dogs by BreedOmaha

• 7-German Shepherd

• 6-Pit Bull

• 5-Labs

• 4-Boxer

• 3-American Bulldog

• 2-German SH Pointer

• 2-Mastiffs

• 2-Rotties

• 2-Siberian Husky

• 17 single breeds

Potentially Dangerous DogAppeal

• Owner can file written appeal with NHS within 10 days

• NHS hears appeal within 10 days

• Filing fee for appeal is $100

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PDD Appeal Hearings

• 2009-2014:

• 155 appeals heard

• 92 appeals denied

• 63 appeals granted

Potentially Dangerous DogAppeal

• After 2 years of dog being declared potentially dangerous the owner can appeal to remove the designation if no incidents have occurred.

Reckless Owner Ordinance-Omaha

• Reckless Owner definition:

-One (1) or more Chapter 6 CONVICTIONS on three (3) separate occasions in a 24-month period, or……..

-any owner who violates the requirements of Dangerous or Potentially Dangerous Dog

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• NHS will declare “Reckless Owners”

• Penalty for reckless owner:

• -must surrender all pet animals to NHS within 24 hours of declaration

• Failure to do so will result in impoundment

• Animals become property of NHS


• Reckless owners cannot license, reside with, or own any animal for a period of 48months from the date of declaration

• Appeal can be filed to NHS within 10 days of declaration:– appeal cost is $100

Reckless Owner Declarations-Omaha

• 2009: 25

• 2010: 19

• 2011: 24

• 2012: 23

• 2013: 15

• 2014: 19

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Reckless Owner Declarations-Omaha

• Total Reckless Owners declared between 2009-2014:

125

Reckless Owner Appeal Hearings

2009-2014:

37 appeals heard

18 appeals denied

19 appeals granted

Pit Bull Harness-Muzzle Ordinance

• any pit bull in yard MUST be behind “secured fence”

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Definitions

• Securely Fenced Yard: A yard completely enclosed by proper fence materials, with secured gates, and of sufficient height and condition to restrain any dog contained within. A yard with an electronic fence is not a securely fenced yard. An authorized off leash dog area is not a securely fenced yard.

Pit Bull Muzzle Ordinance-Omaha

• Any Pit Bull outside of fenced yard must:

• Be under control of someone 19 or older

• Restrained by leash no longer than 6 feet long

• Must be muzzled and harnessed

Definitions

• Leash: a strap, rope, or other device of sufficient strength and weight to securely restrain the dog for which it was intended

• Muzzle: A basket or cage like device approved by the animal control authority constructed to cover the dog’s mouth and snout and prevent biting, but which allows the dog to open its mouth to pant and drink.

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Definitions

• Harness:

• A close fitting device with straps that encircle the dog’s body across the chest, over the shoulders and under the belly behind the front legs, which is constructed of materials appropriate for the size and strength of the dog to which a leash or tether can be attached.

Pit Bull Muzzle Ordinance-Omaha

• Pit Bull definition:

• American Bulldog, American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Dogo Argentina, Presa Canario or Cane Corso, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the AKC or UKC for any of the above breeds

Pit Bull Muzzle Citations

2009: 151

2010: 71

2011: 82

2012: 74

2013: 66

2014: 36

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Breed Identification Issues

• 2009– 3 person team

• 2010– 1 FTE

Majority/Minority???

Answer: Minority (Boxer/Pit)

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Majority/Minority?

Answer: Majority (Pit Bull/Mix)

Majority/Minority??

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Answer: Majority (Pit Bull/English Bulldog mix)

Majority/Minority?

Answer: NeitherPointer/Boxer Mix

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Pit Bull Insurance Ordinance-Omaha

• “Sec. 6-157. Proof of insurance for dangerous animals.• Any animal that has been determined to be a dangerous

animal by a court determination, any animal administratively determined to be a potentially dangerous animal, and any pit-bull as defined in section 6-163, and that is required to be licensed under this chapter cannot be licensed at the next annual license renewal period unless the person having custody, ownership or control of such dog or other animal first presents written proof of public liability insurance of not less than $100,000.00 to the animal control authority.

Pit Bull Insurance-Omaha

- Such insurance shall be maintained in effect for the life of the pit bull.

Pit Bull Insurance-Omaha

• Pit Bull definition:

• American Bulldog, American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Dogo Argentina, Presa Canario or Cane Corso, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the AKC or UKC for any of the above breeds

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Pit Bull Insurance Citations

2009: 133

2010: 52

2011: 57

2012: 35

2013: 22

2014: 26

Administrative Fines

• Sec. 6-72. Cruelty to animals.

• In addition to the sanctions which may be imposed by law, any person who is found in violation of this section shall pay a penalty in the sum of $200.00 which shall be paid to the animal control authority and shall be used solely for enforcement activities.


• “Sec. 6-104. Date for obtaining license.

• “Sec. 6-106. Late charge and penalty.

• Any person who is found in violation of section 6-104 shall pay a penalty in the sum of $200.00 which shall be paid to the animal control authority and shall be used solely for enforcement activities.”

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• Sec. 6-147. Restraint--Dog.

• In addition to the sanctions which may be imposed by law, any person who fails to keep his dog securely restrained or otherwise confined as required by this section shall pay the following penalties:

• For the first violation, a penalty in the sum of $100.00 • For the second violation, a penalty in the sum of $250.00• For the third violation and each subsequent violation

thereafter, a penalty in the sum of $500.00.• Such penalties shall be paid to the animal control

authority and shall be used solely for enforcement activities.

Breed Ambassador

• Any Pit Bull may be declared a Breed Ambassador by:

• 1)-filling out application and paying $25.00

• 2)-proof of sterilization and micro-chip

• 3)-proof of insurance, vaccination and license

• 4)-successful completion of responsible per ownership class, approved by NHS

• 5)-successful completion of a Canine Good Citizenship Test administered by NHS

Breed Ambassador

• Such designation is in effect for 1 year

• Any animal control violation under Omaha City Ordinance, involving the dog in question, automatically revokes the Breed Ambassador status

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Breed Ambassador

• Dog must have vest on (approved by NHS) when outside of its yard stating “Breed Ambassador”

• Dog must also be on a leash, and under the control of person 19 or older

Breed Ambassador

2009: 53

2010: 28

2011: 33

2012: 24

2013: 14

2014: 14

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Have the Ordinances Worked?

Overall Dog Bites-Omaha

• 2005: 458

• 2006: 477

• 2007: 517

• 2008: 499

• 2009: 600

• 2010: 570

• 2011: 534

• 2012: 642

• 2013: 620

• 2014: 579

Overall Pit Bull Bites-Omaha

• Year Ranking # of bites

• 2005 #2 66

• 2006 #1 100

• 2007 #1 88

• 2008 #1 119 (Charlotte Blevins bite)

• 2009 #2 65

• 2010 #3 42

• 2011 #3 40

• 2012 #6 31

• 2013 #5 26

• 2014 #3 35

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Top 5 Bite Dog 2010-2014

• 399- Labs

• 211- German Shepherds

• 185- Unknown Breed

• 174- Pit Bulls

• 126- Chihuahuas

SUMMARY OF OMAHA ORDINANCES

ARE LOCATED AT:

www.cityofomaha.org

Click on Municipal Code

Click on Chapter 6

THANK YOU !

Mark Langan

VP-Field Operations

Nebraska Humane Society

402-905-3411

[email protected]

NOTICE

POTENTIALLY DANGEROUS ANIMAL DECLARATION

Effective Date of Declaration:

To:

Address:

Pursuant to Omaha City Ordinance 6-149 the following animal(s) has been declared a Potentially Dangerous Animal:

Name, description, and license (if any) of animal:

This Declaration is based on the following synopsis of facts:

Based on this Declaration, you are required to comply with the following City of Omaha Ordinances:

6-152: The animal(s) must be spay/neutered and micro-chipped at owner’s expense within thirty (30) days of the EffectiveDate, and written proof of same must be provided to the Nebraska Humane Society (“NHS”) within seventy-two (72) hoursof the procedures being completed. A Potential Dangerous Dog license costing $100 must be obtained within thirty (30)days of the Effective Date and pursuant to 6-109 must be worn by the dog at all times.

6-153: Within ninety (90) days of the Effective Date, the owner must attend at his/her expense a responsible pet owner-ship class approved by NHS and, at the discretion and subsequent order of NHS, a dog behavior class provided orapproved by NHS.

6-156: Immediately upon the Effective Date it shall be unlawful for any person owning, harboring or having the care of aPotentially Dangerous Animal to permit such animal to go beyond the property of such person unless the animal is underthe control of a person nineteen (19) years of age or older and restrained securely by a harness and a leash no longerthan six (6) feet and property muzzled by a device approved by NHS.

6-157: Written proof of public liability insurance of not less than One Hundred Thousand and no/100 Dollars ($100,000.00)must be filed with NHS prior to issuance of such Potentially Dangerous dog license. Such insurance shall be maintainedin effect for the period such Potentially Dangerous Animal is so designated.

Non-compliance of any of the above ordinances will result in the owner being declared a Reckless Owner by NHS,pursuant to Ordinance 6-87 of the Omaha City Code; and will result in the confiscation of all pet animals in your custody.

An appeal of this Declaration must be made within ten (10) days of the Notice Date by filing a Notice of Appeal with NHSand upon payment of the appeal fee of One Hundred and no/100 Dollars ($100.00), payable to NHS. The appeal will beheard within ten (10) days of the date of the filing of the notice of appeal by a hearing officer designated by NHS, and adecision to affirm or deny the appeal will be issued within ten (10) days of the hearing.

Notice of Appeal and the appeal fee should be sent or delivered to the following address: Nebraska Humane Society,Ordinance Administrator, 8929 Fort Street, Omaha, NE 68134, and clearly marked as “Notice of Appeal” at the top of thedocument. Failure to clearly indicate that the document is a Notice of Appeal, failure to provide sufficient data regardingthe matter being appealed, or failure to pay the appeal fee will be considered a waiver of the appeal.

NOTICE DATE: Activity #

Nebraska Humane Society Representative

(Ten Days from Notice Date)

NOTICE

RECKLESS OWNER DECLARATION

Effective Date of Declaration:

To:

Address:

Pursuant to Ordinance 6-87 of the Omaha City Code you are hereby declared a Reckless Owner.

Nebraska Humane Society (“NHS”) records show the following animals currently licensed in your name:

On the Effective Date of this Declaration, all of the aforementioned licenses are revoked and you are required, within twen-ty-four (24) hours of the Effective Date of this Declaration, to surrender all pet animals you own or reside with to NHS. Allsurrendered animals will immediately become the property of NHS for disposition in accordance with NHS policies.

Failure to surrender all pet animals shall result in immediate impoundment of such animals by NHS in accordance with Cityof Omaha Ordinance 6-41.

As a result of this Declaration, you are prohibited from licensing, residing with, or owning any animal in the City of Omahafor a period of forty-eight (48) months from the Effective Date of this Declaration.

Below is a description of the violations or requirements which form the basis of this Declaration, including the casenumbers, if any:

An appeal of this Declaration must be made within ten (10) days of the Notice Date by filing a Notice of Appeal with NHSand upon payment of the appeal fee of One Hundred and no/100 Dollars ($100.00), payable to NHS. The appeal will beheard within ten (10) days of the filing of the Notice of Appeal by a hearing officer designated by NHS, and a decision toaffirm or deny the appeal will be issued within ten (10) days of the hearing.

Notice of Appeal and the appeal fee should be sent or delivered to the following address: Nebraska Humane Society,Ordinance Administrator, 8929 Fort Street, Omaha, NE 68134, and clearly marked as “Notice of Appeal” at the top of thedocument. Failure to clearly indicate that the document is a Notice of Appeal, failure to provide sufficient data regardingthe matter being appealed, or failure to pay the appeal fee will be considered a waiver of the appeal.

NOTICE DATE:

Nebraska Humane Society Representative

(Ten Days from Notice Date)

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