TOWN OF GLEN ECHO MAY: 17, 2018 Willem Polak, Mayor Dia Costello, Councilmember Matt Stiglitz, Councilmember Dan Spealman, Councilmember Ron Bolt, Town Attorney Julia Wilson, substitute for Clerk-Treasurer  PUBLIC HEARING ON ARTICLE2 OF THE ORDINANCES (ANIMALO CONTROL)  ATTENDANCE:  The hearing was opened at 7:35 by Mayor Polak. Residents who want to speak will be allowed Town attorney Ron Bolt gave an overview of the issues under consideration. First, what if anything should be done with the current code? Mr. Bolt recommended If the town does not Second, what to do with the section that prohibits certain farm animals? The Council has the option tol keep it intact, amend it, or delete it completely and defer to the county. Under county regulations, a farm animal structure must be 251 feet from al lot line and 100 feet from a dwelling, which would effectively make it impossible in town. But these setback rules Int terms of enforcement of violations, Mr. Bolt said the town has no intention to start aggressive enforcement. Enforcement is generally complaint driven and actually giving The town can exempt from county law, and pass either more restrictive or more permissive  3-5 minutes. No vote will be taken at the hearing.  want to regulate something it should be removed from code.  don't apply if the structure is attached to the house,  someone a fine is rare, and if other mediation methods have failed. code, except for: zoning laws, which includes the setback requirement. Mayor Polak opened up the floor for public comment.  Raya Bodnarchuk reported her neighbors had chickens and she had a rat problem that started when the chickens came. She said housing of chickens does have some health risk and vermin are attracted to chicken food and waste. She said Glen Echo is neither a rural nor farming community and she urged the Council to pass the ordinance as drafted. Mads and Durke Anderson asked the Council to allow their chickens to return, saying they like  to hold them and they get rid of bugs.    Tisha Anderson said what this town has done to their family was unforgiveable, saying legal action taken before even a phone call was made about their chickens. She asked for the town Ayun Kishore said his concern is the wording of the ordinance on controlling dogs. He said from Columbia Heights in DC to find a more dog friendly neighborhood. He said "unwanted contact" is described veryl loosely, the section on defecation goes beyond common sense, and we get way more noise from airplanes and kids than dogs. "Do we really need to Aaron Hirsch said his opinion is that the Council should consider a more permissive code. He emailed an article with a model ordinance, and he recommended it be adopted. Mary Parsons said she agreed with Mr. Hirsch. "Montgomery County is already an extreme Edie Springuel asked if bees need to be regulated. Mr. Bolt responded that the county has no regulation but under state rules, beekeepers would have to register and follow some hive  to abolish Article 2. moved  they  regulate all these things?" he asked.  nanny state and they allow chickens," she said.  regulations.  Gloria Levin said she would love to accommodate farm animals for education but not at the risk  ofresidents' health.  Blair Anderson said his family treats chickens like a pet not as farm animals.  Angela Hirsch recommended the town follow county regulations rather than writing its own Speke Wilson said that having the opportunity to have chickens or bees adds to the diversity  code.  and strength of the town.  Tim Bragan said it's an opportunity to create ways to own these animals safely.  Councilmember Long said she would like to see this solved by not getting rid of chickens but  controlling their feed. The hearing ended at 8:55 pm.    ARTICLE2 ANIMAL CONTROL  Section 2.1 AppisabiltpafMenksemsCemniyCwde  yyMaAshwtt-yayoadps Ca----- -lw-rwAAaN -w--wrAyCAw  hapers,wAnte-low.  Int this Article, the following words and phrases have the following meanings: Alter: To castrate or perform an varo-hysterectomy to make an animal physically Anima!: An animate being capable of voluntary movement, other than humans. Specifically, At large: A dog, except a service animal, is at large ifiti is outside the owner's premises and not controlled by a leash or similar restraining device. Any other animal is at large ifitis outside the owner's premises and is not leashed or immediately responsive to verbal or non-  incapable ofr reproducing.  anon-human species in the biological kingdom Animalia.  verbal direction.  Aviary: A place for keeping birds confined.  Domestic anima!: An animal of a tamed species commonly kept as pets or livestock.  LACO: The Town'sl Local Animal Control Officer.  Owner: A person who, regardless of whether the person has legal title to the animal: (1) temporarily or permanently harbors or controls an animal; (3) allows a person under 18 years old to harbor or control an animal.  (2) has a property right in an animal; or  Unwanted contact: An animal's unwelcome or unsolicited threatening physical contact or close proximity to a person or a domesticated animal that occurs outside of an owner's property and causes alarm in a reasonable person, such as biting, chasing, tracking, (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17;Ord. No. 18-01, effective  inhibiting movement, or jumping.  0/00/18)  Section 2.2 MalfeatimafMienigewi-PePrewisionsViolhtions  Town of Glen Echo Town Code Article 2-1 Page 1    A. Animals Prohibited. MePpeMesy ComyCalChpers-ll shall be unlawful to own, keep orl harbor within the corporate limits of the Town ofGlen Echo the following animals: horses, swine, including, but not limited to;pot-bellied pigs, cowsh, cattle, goats, chicken, ducks, geese, pigeons, other domestic or wild fowi, bees and any other animals except dogs, cats and other pets commonly kept indoors in private residences. This  PrOVASIeRShaH-Deenioree,andpemaltes-mpesed,by-the-Town:  B. FmalalensmwjeahashG--o.waahweepnw e-emferee-the-ewring: kepamgo-huberingefpohbedamimakz Public Nuisance and Other  Violations.  An owner must not:  (1) Allow an animal other than an altered cat to be at large.  (2) Allow an animal to damage or defecate on property outside the owner's property. Ananimal may defecate on public propertyift the owner immediately removes and (3) Allow an animal to enter private property without the property owner's permission. The property owner may capture the trespassing animal humanelyand promptly notify the LACO or other appropriate law enforcement authorities.  disposes of the feces by a sanitary method approved by thel LACO.  (4) Allow a female dog or cat in heat to be outside a building or other secure enclosure (5) Allow an animal to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate (6) Allow an animal to cause noise that is loud and persistent enough to disturb another (7) Refuse or fail to obtain a license for a dog, cat, or ferret as required by State law. (8) Allow an animal to have unwanted contact with a person or another domesticated (9) Allow an animal to act in any other way that the LACO finds would cause any other (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17; Ord. No. 18-01, effective  that prevents attraction of other animals.  for the animal or properly maintained. person's quiet enjoyment.  animal.  public nuisance established by regulation.  0/00/18)  Section 2.3 Local Animal Control Olsnfemealaersat  Town of Glen Echo Town Code Article 2- Page 2    A. Thel Mayor ofthe' Town ofGlen Echo, or his orl her designee, as approved by the' Town  Council, shall serve as the Town's Local Animal Control Officer (the "LACO"). B. Thel LACO shall enforce the provisions set forth in Section 2.2.  (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17;Ord. No. 18-01,effective  0/00/18)  Section 2.4 Penalties  Any person violating any oft the provisions of this Article shall be subject to the penalties (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17;Ord. No. 18-01, effective  and remedies stipulated under Article 21.  0/00/18)  Section 2.5 Regulatenslkeserved)  --ryGX-y-SwywwM-pwY ----weM7CCM0mA ye--wE t---------wy. :-twGi -yctw--aae T-ysw--Xyltee (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17;Ord. No. 18-01,effective  PRImNsdNeow.  CouReHisaprevingswchamendmens.  0/00/18)  Section 2.6 Local Animal Advisory Committee  A. Purpose. Itist thei intent and desireo ofthe' Town that the collegiality andr neighborliness which are hallmarks oft the Town be maintained, and to that end, that information regarding animal control requirements be disseminated and attempts to resolve problems informally and without resort  toj penalties and litigation be encouraged.  B. Appointment The Mayor of the Town of Glen Echo shall-mayappoint up to three (3)r residents of the Town as the Local Animal Advisory Committee. The Leal-Amimal-Contrel OffIcerLACO shall automatically be a member of the Committee and shall serve as the chair oft the Committee. Theterm of committee members shall expire at the next mayoral election.  Town of Glen Echo Town Code Article 2- Page 3    C. Duties. The Committee shall:  1. 2. 3. 4.  Assist Town residents in resolving animal control problems informally; Inform Town residents about animal control regulations and procedures; Maintain a list of dogs in the Town licensed by the County to aid in the Perform other appropriate services to the Town and its residents relating to  identification of stray, lost or injured dogs; and  animal control.  D. Limitations. The Committee shall be advisory and informal in nature and shall have no enforcement authority under the provisions of this Article. Notwithstanding the foregoing, the Leal-Amimal-ContreFRCLACO shall have all powers and authority otherwise granted  this Article. 0/00/18)  by  (Ord. No. 00-03, effective 11/7/00; Ord. No. 16-02, effective 1/30/17; Ord. No. 18-01, effective  Bold Underline indicates new language Strikethrough indicates language deleted  Town of Glen Echo Town Code Article 2-1 Page 4