What I think is the most interesting part of this week’s Council agenda is a public hearing on changes to the City’s animal control ordinance. There are several significant new rules in the proposed changes, and if you own pets or otherwise have interactions with animals in the City, I would highly recommend that you read through the background document carefully. Monday’s public hearing will be one of your principal opportunities to comment on this issue; as always, you can also provide input to City Hall via electronic or postal mail. Below, I’ve highlighted some of the most significant new language.

Should this proposal be approved, residents within the City:

  • Will not be allowed to tether an animal (e.g. keep their dog on a chain) for more than a brief period of time. The law previously placed restrictions on the type and length of tethers, and required animals to be allowed exercise breaks after being chained up for more than 10 hours; the new law would simply outlaw them.
  • Will be subject to additional and clarified restrictions regarding animal waste and overcrowding.
  • Will be subject to new restrictions on placing food out for wild animals.
  • Will be required to obtain a permit from the City to allow their animals to breed. Anyone who has allowed their animal to become pregnant will be required to obtain a permit within 10 days of the birth of the litter. There are additional restrictions on the age of the animals to be bred and the frequency with which they may be bred.
  • Will be subject to additional new restrictions, detailed in the background materials.

Some excerpts from the new language:

(5) No person shall tether, fasten, chain, tie, or restrain an unattended dog, or cause such dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. Nothing in this paragraph shall be construed to prohibit a person from reasonably restraining a dog for short periods, considering weather and relevant conditions, or while using accommodations that are associated with a licensed activity, or from walking a dog with a hand held leash.

(b) Sanitation:

(1) No person owning, harboring, keeping or in charge of any dog, cat or other animal shall cause, suffer or allow such dog, cat or other animal to soil, defile or defecate on any public property or upon any common thoroughfare, sidewalk, passageway, bikepath, play area, or common grounds owned jointly by the members of a homeowners or condominium association, or any place where people congregate or walk or upon any private property other than that of the owner or custodian, unless such person immediately removes and disposes of all feces deposited by such animal by the following methods:

(i) Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and

(ii) Removal of such bag or container to the property of the animal owner or custodian and disposal thereafter in a manner as otherwise may be permitted by law.

(2) No person owning, harboring or keeping or in charge of any dog, cat or other animal shall permit any waste matter from the animal to collect and remain on the owner’s or custodian’s property, or the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner’s or custodian’s property, or to abutting property of others.

(3) No person owning, harboring, keeping or in charge of any dog, cat or other animal shall cause unsanitary dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.

Sec. 4-6. Attracting wild animals; rabies vector animals.

(a) It is unlawful for a person to use an attractant or otherwise to engage in any activity or behavior that is intended to attract, to encourage the tameness of or to otherwise encourage any wild animal or any designated rabies vector species to be unafraid of human activity.

(b) Attractants may be placed solely for the purpose of feeding wild birds and small mammals if placed in feeding devices or structures at a sufficient height or design to prevent access by deer or rabies vector animals.

(c) Feed that is deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices is not a prohibited attractant.

(d) The city manager or designee may from time to time require the temporary removal of such structures and devices during a high incidence of rabies or otherwise to protect the health, safety and welfare of residents.

Sec. 4-8.1. Breeders and Litter Permits.

(a) Every person who resides within the city who intentionally or accidentally permits the breeding of single dog or cat or makes a single dog or cat available for breeding shall obtain a breeders permit. Such permit shall be obtained from a person designated by the city manager to issue such permit. Permit fees shall be set by resolution of the city council.

(1) Each permit authorizes the whelping of no more than one litter per female dog or cat in any 12-month period.

(2) Female dogs and cats may only be bred when they are at least 2 years of age and are no older than 6 years in age, and each mother dog or cat must be micro-chipped and maintain adequate body weigh before and after whelping.

(b) Every person who fails to obtain a breeders permit who is in possession of a litter of puppies or kittens shall obtain a litter permit within 10 days of the birth of said animals. Such permit shall be obtained from a person designated by the city manager to issue council.

(c) Failure to obtain a permit under this Section shall constitute a municipal infraction with a fine in an amount set by resolution of the city council and may result in the seizure and impoundment of the female dog or cat and litter.

From the City’s website:

Agenda - Mayor and City Council Meeting, 7/6/2009
Posted 7/2/2009

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING
MONDAY, JULY 6, 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 June 1, 2009
    Background Material (pdf format)

  2. Minutes of a Work Session of the Mayor and City Council Held June 8, 2009
    Background Material (pdf format)

V. CONSENT ITEMS

  1. Resolution of the Mayor and the City Council Authorizing the City Manager to Enter Into a Contract for Counseling, Case Management and Mental Health Services for the Gaithersburg Upcounty Senior Center ($49,920)
    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract to Purchase City Apparel for Various Departments and Programs ($50,989)
    Background Material (pdf format)

  3. Resolution of the Mayor and the City Council Authorizing the City Manager to Enter Into a Contract for Catering Services Associated With the Nutrition Program for the Gaithersburg Upcounty Senior Center ($40,000)

    Background Material (pdf format)

  4. Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into an Agreement With Family Services Inc. to Provide Mentoring Services to High School Students ($20,000)
    Background Material (pdf format)

VI. APPOINTMENTS

Resolution of the City Council Confirming Appointments by the Mayor to the Animal Control Board, Art in Public Places Committee, Arts and Monuments Funding Corp., Commission on Landlord/Tenant Affairs, Communications Committee, Cultural Arts Advisory Committee, Education Committee, Environmental Affairs Committee, Market Square Advisory Committee, and Police Chief’s Advisory Council
Background Material (pdf format)


VII. PRESENTATION

Certificate of Appreciation Presented to Marshall and Marilynn Grotenhuis
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)

IX. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

  1. Upcoming City Events - Background Material (pdf format)
  2. Boards/Commissions/Committees Vacancy Update - Background Material (pdf format)
  3. Work Session Announcement - Background Material (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. An Ordinance to Award a Cable Services Franchise to RCN Pursuant to Chapter 6 of the City Code, Section 6-4, Entitled “Award of Franchise”
    Background Material (pdf format)

  2. Resolution of the Mayor and the City Council Approving Services Provided by Montgomery County Schools for Bus Transportation and the Community Use Of Public Facilities ($134,826)
    Background Material (pdf format)

XII. PUBLIC HEARINGS

  1. An Ordinance to Amend Chapter 4 of the City Code Entitled “Animals and Fowl”
    Background Material (pdf format)

  2. JOINT – T-390, An Ordinance to Amend Chapter 24 of the City Code, Entitled, “Zoning,” Article V, Entitled, “Site Development Plans,” §24-173, Entitled, “Development of Property Subject to Plan,” to Amend §§ 24-173(a) and 24-173(b) and to Create § 24-173(d) so as to Allow a Timely Development Schedule
    Background Material (pdf format)

    CONSOLIDATED PUBLIC HEARINGS

  3. JOINT T-391, An Ordinance to Amend Chapter 24 of the City Code Entitled “Zoning”, Article XVI “Affordable Housing Requirements” to Modify the Income Restrictions for Participation in the Program
    Background Material (pdf format)

  4. Resolution of the Mayor and City Council Adopting Amendments to the Gaithersburg Moderately Priced Dwelling Unit (MPDU) and Workforce Housing Unit (WFHU) Program Regulations as Provided by Chapter 2 of the City Code Entitled “Administration”
    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)

Resolution of the Mayor and City Council of Gaithersburg, Maryland to Amend Section 32 of the City Charter Entitled “Election Places, Ballots, Machines, Hours of Polls” (Ready for Final Action)
Background Material (pdf format)

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

  1. Staff Guidance on a Memorandum Dated June 19, 2009 Concerning the Neighborhood Matching Grant Program
    Background Material (pdf format)

  2. Staff Guidance on a Memorandum Dated June 19, 2009 Concerning Proposed Amendments to the Elections Ordinance

    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, July 13, 2009, to receive an update on the City’s 2009 Master Plan.

THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD MONDAY, JULY 20, 2009, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE

TO CONFIRM ACCESSIBILITY ACCOMMODATIONS,
PLEASE CONTACT DORIS STOKES AT CITY HALL, 301-258-6310