Perhaps one of the most interesting things in this agenda is a new proposal to update the City’s code regarding animals in the City. The biggest changes appear to include:

  • a new requirement for a permit to intentionally or accidentally allowing pets to breed,
  • making it illegal to routinely tether an animal, and
  • making it illegal to intentionally put out food in order to attract wild animals.

Regarding the first item, this does actually seem to mean that, among other things, you would need to have a permit before allowing your house cat to have kittens or impregnate the neighbor’s cat, even unintentionally. Regarding the third item above: Amazingly, it appears that some City residents have been putting out food to attract raccoons and foxes, two animals that, while interesting to watch, are at high risk of carrying rabies.

The cover memo summarizing these changes is transcribed below, while the full text of the proposed changes can be found in this week’s background package.

MEMORANDUM TO: Mayor and City Council
VIA: Angel Jones, City Manager
FROM: Lisa Holland, Animal Control Director
DATE: June 4, 2009
SUBJECT: Revisions to Gaithersburg City Code Chapter 4, Animals and Fowl

Chapter 4, Animals and Fowl, has not been amended in its entirety since August 23, 2000. The Animal Control Board conducted a public hearing on November 13, 2007 eliciting citizens’ input regarding amendments to Chapter 4. On June 26, 2008 the Board held a work session to discuss those, and other, citizen comments along with Board members’ concerns and suggestions arising from the Board’s deliberation of the thirty-some cases heard since its inception. Attached are proposed revisions reflecting these views.

In addition to assisting staff in resolving citizens’ complaints, these amendments will bring our Code up to date with current legislation in other jurisdictions across in the United States, and possibly set a trend for other municipalities to follow. We believe these amendments will clarify Chapter 4, enhancing animal control service to the community and eventually decreasing the number of public nuisance complaints.

Article 1. In General

Section 4-1. Definitions: We propose adding definitions for Attractant, Designated rabies vector species, Licensed activities, Microchip, Neutering, Quarantine, Wild animal and revising the definition of Restrain. This is necessary to clarify proposed amendments, below.

Sec. 4-3, Cruelty to animals; animal care: We propose revising this section to make it a Code violation to tether an animal, while preserving the right to certain activities. We have clarified the circumstances under which an animal may be confined.

Section 4-4, Animal public nuisances; sanitation: We propose adding “sanitation” to the title. Causing unsanitary conditions is presently included hereunder as creating an Animal public nuisance, while Sanitation is presently accorded its own Section 4-6. We propose curing this redundancy by substituting the entire present Section 4-6 to Section 4-4(b) and deleting the sanitation language presently contained in Section 4-4(a)(4), (5) and (6).

Section 4-5, Potentially dangerous animals; dangerous animals; attack or guard dogs: We propose adding to both Sections 4-5(b)(5) and (e)(6) the language, including having the dog neutered and/or microchiped within prescribed time period at owner’s expense. The Board already has the authority to order sterilization, Section 4-38(7); we feel that it should be clearly and prominently stated under the sections where this remedy would most likely be employed.

Section 4-6, Attracting wild animals; rabies vector animals: This section was formerly Sanitation, see discussion under Section 4-4 above. We propose to transfer the sanitation language to Section 4-4(b) where it properly belongs, as an Animal public nuisance. It appears redundant and confusing to have this matter covered in two sections.

This new section, as proposed, is in response to citizens’ requests and staff concerns regarding the growing number of residents placing food out to deliberately attract foxes and raccoons. This practice is not only dangerous for residents, it encourages wildlife to lose natural fear of humans thereby increasing the potential spread of the rabies virus. Our proposal preserves the rights of residents to feed certain animals under prescribed conditions, authorizes removal of feeding devices during occurrence of rabies outbreak and excludes the byproduct of normal gardening practices from prohibited “attractants.”

Section 4-8.1 Breeders and litter Permits: This is a new section and our proposal responds to the increasing number of concerns regarding residents home-breeding puppies under inadequate, unhealthy conditions. Staff has found in more than one occasion malnourished, even dead, dogs resulting. Recognizing the humane need for efforts to decrease the number of unwanted, mistreated dogs and cats, we believe this will discourage residents from attempting to enter the dog breeding business.

Section 4-13, Enforcement during quarantine: We propose revising Section (b) making it a Code violation to remove a quarantined animal from quarantine. We have had occasions when a dog, quarantined at owner’s home, was taken into public places before the quarantine period ended.

Article II
DIVISION 2. ANIMAL CONTROL BOARD

Section 4-36, Established; members; officers; quorum; voting; meetings: We propose revising this section to allow the Board to elect its chairperson, as other city committees do, and to establish a quorum for the conduct of business. We propose adding “officers; quorum; voting; meetings” to the Section title to reflect these changes. In addition, staff is recommending that a second alternate position to be created and empowered to sit on the board in the absence of a member representing the Montgomery County Veterinary Medical Association or a member who has training and/or experience in the proper training or care of animals.

Section 4-38, Administrative remedies, sanctions: We propose substituting “Neutering or spaying” for “Sterilization,” and added “Implanting a microchip…”

I hope this information is helpful as you consider the proposed amendments to Chapter 4 of the City Code. If you have any questions or comments, please contact me at 301-258-6343 or lholland@gaithersburgmd.gov

From the City’s website:

Agenda - Mayor and City Council Meeting, 6/15/2009
Posted 6/11/2009

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 15, 2009, 7:30 P.M.

Full Meeting Package (pdf format)

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

IV. APPROVAL OF MINUTES

  1. Minutes of a Regular Meeting of the Mayor and City Council Held May 18, 2009

    Background Material (pdf format)

  2. Minutes of a Work Session of the Mayor and City Council Held May 26, 2009
    Background Material (pdf format)

V. CONSENT ITEM

Resolution of the Mayor and City Council Authorizing the City Manager to Make Second Year Payments for Microsoft Software Licenses and Maintenance Under an Existing Enterprise Agreement ($80,000)
Background Material (pdf format)

VI. APPOINTMENTS

Resolution of the City Council Confirming Appointments by the Mayor to the Commission on Landlord and Tenant Affairs, Cultural Arts Advisory Committee and Multicultural Affairs Committee
Background Material (pdf format)

VII. PRESENTATIONS

  1. Certificate of Appreciation Presented to Marshall and Marilynn Grotenhuis

    Background Material (pdf format)

  2. Proclamation of the Mayor and City Council Designating the Week of June 22, 2009, as “Amateur Radio Week” in the City of Gaithersburg
    Background Material (pdf format)

VIII. PUBLIC APPEARANCES
(public is invited to speak on any subject that is not a public hearing topic on tonight’s agenda - each speaker three minutes)

VIII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

  1. Upcoming City Events (pdf format)
  2. Work Session Announcement (pdf format)
  3. Executive Session Announcement (pdf format)

X. FROM THE CITY MANAGER

XI. ORDINANCES, RESOLUTIONS, AND REGULATIONS
(ordinances, resolutions, and regulations to be introduced or adopted following appropriate procedures required by the City Code, or resolutions that may require discussion by the Mayor and Council prior to approval)

  1. Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract to Provide Medical Insurance to Qualified Employees

    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Adopting the Personnel Rules & Regulations of the City of Gaithersburg (Ready for Final Action)
    Background Material (pdf format)

  3. Resolution of the Mayor and City Council Approving a Waiver of the Environmental Standards for Development Regulation to Permit, at a Maximum, 0.4 Acres of Disturbance Within the Stream Valley Buffer at The Spectrum at Watkins Mill (Casey East)
    Background Material (pdf format)

  4. Introduction of Amendments to the Gaithersburg Moderately Priced Dwelling Unit and Workforce Housing Unit Program Regulations as Provided by Chapter 2 of the City Code Entitled “Administration” (public hearing 7/6)
    Background Material (pdf format)

  5. Introduction of an Ordinance to Amend Chapter 4 of the City Code Entitled “Animals and Fowl” (public hearing 7/6)

    Background Material (pdf format)

XII. PUBLIC HEARINGS

  1. An Ordinance to Award a Cable Franchise to RCN, Pursuant to Section 6-4 of the City Code
    Background Material (pdf format)

  2. Resolution of the Mayor and City Council to Amend Section 32 of the City Charter “Election Places, Ballots, Machines, Hours of Polls”
    Background Material (pdf format)

XIII. POLICY DISCUSSION AND STAFF GUIDANCE
(discussion by the Mayor and Council about previous public hearing topics and other policy matters)

An Emergency Ordinance to Amend Chapter 6C Entitled “Elections” of the City Code (Ready for Final Action)
Background Material (pdf format)

XIV. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

Staff Guidance on a Memorandum Dated June 9, 2009 Concerning the Neighborhood Matching Grant Program

Background Material (pdf format)

XV. ADJOURNMENT

WORK SESSION ANNOUNCEMENT
Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will conduct a work session on Monday, June 22, 2009, to receive 501(c)(3) updates from the Friends of Wells/Robertson House, Arts and Monuments Funding Corp., and the Gaithersburg Police Foundation on current activities and future plans.

THE NEXT REGULAR MEETING OF
THE MAYOR AND CITY COUNCIL WILL BE HELD

MONDAY, JULY 6, 2009, 2009, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE