Sparks City Council Meeting 1/25/2016 2:00:00 PM

    Monday, January 25, 2016 2:00 PM
    Council Chambers, Legislative Building, 745 Fourth Street, Sparks, NV

General Business: 9.1

Title: Presentation, discussion, and possible direction regarding the Washoe County Animal Services changes to Washoe County Code Chapter 55 which came before the Sparks City Council on May 26, 2015, and has since been further amended per direction from the Board of County Commissioners.
Petitioner/Presenter: Chris Syverson, Administrative Services Director/Shyanne Schull, Washoe County Animal Services DIrector
Recommendation: To hear the presentation on Washoe County Animal Code Chapter 55 changes and further amendments brought forth by the Board of County Commissioners and provide direction to WCAS, if desired.
Financial Impact: N/A
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The Washoe County Board of County Commissioners reorganized the consolidated regional function of Washoe County Animal Services (WCAS) during 2014. WCAS is committed to bringing forth change to update Washoe County Code Chapter 55. Periodically, WCAS will be bringing Chapter 55 changes to the Sparks City Council as item for review and providing possible direction prior to the changes being codified.

This Code section was reviewed by the Sparks City Council in April however it has been further amended per direction from the Board of County Commissioners and due to legal considerations.  New code and revised code sections are proposed below and in the attached documents.



Background:

The Washoe County Board of County Commissioners reorganized the consolidated regional function of Washoe County Animal Services (WCAS) during 2014. WCAS is committed to bringing forth change to update Washoe County Code Chapter 55. Periodically, WCAS will be bringing Chapter 55 changes to the Sparks City Council as item for review and providing possible direction prior to the changes being codified.

This Code section was reviewed by the Sparks City Council in April; however, it has been further amended per direction from the Board of County Commissioners and due to legal considerations.  New code and revised code sections are proposed below and in the attached documents.



Analysis:

This Code section was reviewed by the Sparks City Council in April however it has been further amended per direction from the Board of County Commissioners and due to legal considerations as follows:

•Exotic animals, circuses and exhibits being separated out of this section of code and will be brought forward in 2016.

•Section 6 (a,b,c) which concerned acceptable dog and cat procurement sources was removed based on some pending legal considerations.  This particular code section will focus on retail establishments and the animal welfare permit/ revocation process.

 

In addition, further amendments have been made that are relative to the following:

•Insertion of reference to American Veterinary Medical Association Principles and related policies for standards of care for most species of animals.

•Language clarifications in section 1, subsections 1(d-g), 4 (a-b), 5, 6 (a,b,g)

•Definitions added for Operator, Retailer, Dealer in section 2.

Lastly, new code is proposed and revised as follows:

Commercial Animal Welfare Permit W.C.C.55.455 (1st reading January 12, 2016, 2nd reading January 26, 2016)

 

New code being proposed to establish an animal welfare permit process that coincides with Reno, Sparks and Washoe Business Licensing procedures for commercial animal establishments (pet stores, kennels or boarding facilities used for the business of buying/selling/boarding animals).  The permit process establishes:

  • Animal welfare requirements in accordance with NRS 574, including inspections, industry standards of care and housing in accordance American Veterinary Medical Association (AVMA) Principles and related policies
  • Revocation of animal welfare permit if any state, federal or local welfare regulation violations in accordance with procedures set forth in W.C.C. 55.800
  •  Establishes due process for permittee appeal of revocation through Administrative Hearing Office and if permittee is aggrieved by the hearing officer’s decision can file for petition for judicial review within 30 days

Cruelty to Animals; generally W.C.C. 55.110, 55.130, 55.140-55.220 (1st reading January 26, 2016, 2nd tbd.)

Revision to existing code to include:

  • Insertion of definitions for animal abandonment and horse tripping.
  • Developed sub section of cruelty violations for more effective enforcement and NRS 574 amendments under 55.140, section 1
  • Deletion of un-enforceable sections 55.160 and 55.210
  • Deletion of 55.180 as definition has been re-defined to include abandonment of any animal, not just injured
  • Language clean up and clarifications

 

 

Animal Exhibitor Permit; Permit Requirement; permit time limits W.C.C. 55.655 (1st reading February 9, 2016, 2nd tbd).

This new code being is proposed to establish an animal welfare exhibitor’s permit process for traveling animal exhibits and circuses.  This language was originally included in the Commercial Animal Welfare Permit and was later separated out per direction of Board of County Commissioners.  The permit process establishes:

  • Verification of animals being exhibited, their health and containment methods
  • Verification of certificate of insurance for $1,000,000
  • Verification of location and transport procedures
  • Site inspection and business license verification
  • Revocation of animal welfare permit if any state, federal or local welfare regulation violations in accordance with procedures set forth in W.C.C. 55.800
  • Establishes due process for permittee appeal of revocation through Administrative Hearing Office and if permittee is aggrieved by the hearing officer’s decision can file for petition for judicial review within 30 days

More to follow on language and drafts for the following code sections:

Nuisance W.C. C. 55.120 (March 2016)

WCRAS Advisory Board (April 2016)

Exotic Animals (May 2016)



Alternatives:

Alternatives:

  1. The Council can provide direction to Washoe County Animal Services Staff regarding Washoe County Code Chapter 55. 

 

  1. The Council cann choose not to provide direction regarding the proposed changes to Washoe County Code Chapter 55. 

 



Recommended Motion:

The motion from the Council will depend on the conversation and/or direction desired related to ordinance changes to Washoe County Code Chapter 55.



Attached Files:
     Commercial Animal Welfare Permit Clean Working Draft.pdf
     Cruelty clean working draft.pdf
     Exhibitor working draft.pdf
     Commercial Animal Welfare Permit redline JG.pdf
     Chapter 55 Washoe County Regional Animal Services Ordinance Update 2016.....pdf
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