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June 26, 2018 ASAC MinutesMINUTES ANIMAL CARE ADVISORY COMMITTEE MEETING June 26, 2018 A Regular Meeting was held by the Animal Care Advisory Committee of the City of Schertz, Texas, on June 26, 2018, at 1:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers Conference Room, 1400 Schertz Parkway, Building # 4, Schertz, Texas. The following members were present: City Council Liaison, Dr. Angelina Kiser Dudley Wait, Executive Director, Acting Chair Brooke Knowlton, Doctor of Veterinary Medicine Gerryleah Zavala, Animal Services Manager Jackie Gaines, Executive Assistant Michele Helgren and Lisa Connolly were not present. Staff Present: Executive Director Brian James Call to Order Mr. Wait called the meeting to order at 1:12 pm. Hearing of Residents No residents present. Discussion and /or Action Items 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of May 29, 2018. Dr. Knowlton made a motion to approve the Minutes with one correction. Dr. Kiser seconded the motion. Motion passed unanimously. 2. Discussion on the City Ordinance Regarding Animal Control. Mr. Wait reported that Ms. Zavala has proposed changes to the ordinance that will assist in the decisions that she and the staff make daily, both in and out of the field. The plan will be to discuss this again at the next meeting and then take the proposed changes to City Council. Ms. Zavala discussed the following sections of the ordinance she would like to have changed, adding that these changes were from only a preliminary review of the ordinance. Mr. Wait also had comments on changes to the ordinance. ARTICLE I- DEFINITIONS Section 14 -1. Definitions. Animal at Large. Adjust to include confined within a fence — and unable to reach under /over or through fence or other restraining structure. At large shall mean: A. Off - premises: any animal that is not tinder the complete control of the owner or caretaker by means of a leash, cord or tether to control the actions of such animal while off the owner or caretaker's property. B. On-premises: any animal not confined on the premises of the owner or caretaker by one of the following methods: 1. A substantial fence of sufficient strength and height to prevent the animal from escaping therefrom; or reaching over, under or through in such a way as would allow the animal to cause harm or injury; 2. Secured on the premises by a leash, cord or tether of sufficient strength to prevent the animal from escaping the premises. Public Nuisance. Needs to specify, "unprovoked barking ". Also needs to include enforcement or a section specifically for enforcement needs to be created - Public nuisances; abatement. A. No owner shall fail to exercise proper care and control of his animals to prevent them ftom becoming a public nuisance. Public nuisance shall mean any animal which: Barks, cries or howls, in an excessive, continuous or untimely fashion without cause. Without cause shall mean that, a reasonable person would believe that it ivas justifiable for the animal to bark, cry, or howl tinder the circumstances. B. If any animal is shown to be a public nuisance, as defined herein, based upon a written and sworn affidavit of a resident who has personal knowledge of the public nuisance animal, the city shall notify the owner of the animal that the owner has forty -eight (48) hours in which to abate the nuisance. Should the owner fail to abate the nuisance within forty -eight (48) hours, or should subsequent affidavits for the same nuisance be filed within thirty (30) days after the giving of the original notice to abate. Animal services shall have the authority to forward the complaint and /or affidavits to the municipal court. C. If any animal is shown to be a public nuisance as defined herein, and an animal services' officer observes the nuisance behavior, an animal control officer may issue a citation or file with the municipal court a charge of maintaining a nuisance or impound the animal as authorized in this chapter. Restraint. Section 6 -36. Remove Chain. A. All animals, including but not limited to, dogs, cats, horses, fowls, sheep, goats, cattle and hogs, shall be kept under restraint. For the purposes of this chapter, restraint shall mean that the animal is: 1. Confined to the premises of the owner within a house, building, cage or other enclosure. If the premises are enclosed with a fence, then the animal should not be able to reach any part of its body over, under or through the fence. If the animal is confined outside in a crate or cage, the enclosure should be ventilated, large enough for the animal to stand up fteely with extended tail and raise its head comfortably, be at least 100 square feet per dog that is six months or older, and contain food and water containers that are securely positioned to avoid spillage or soiling with fecal matter; 2. Restrained by a tether, where: a. A person responsible for the animal is outside with the animal and is in visual contact of the animal at all times; and b. The tether is at least 10 feet long, swivels at each end, is attached to a pulley or trolley mounted cable that is mounted no more than seven feet above ground level, is attached to a properly fitted collar or harness worn by the animal, does not unreasonably hinder the animal's movement, and does not become entangled around trees, poles, or other obstacles; c. It is an affirmative defense to prosecution under this subsection that the animal is tethered temporarily for purposes of exercise. 06 -26 -2018 Minutes, Animal Care Advisory Committee Page - 2 - 3. During travel, confined within an automobile or restrained by a leash of a length to preclude the animal f •om getting out of the vehicle. No animal will be unrestrained in the back of an open pickup or truck bed. In addition, the owner /caretaker must be present or within the immediate vicinity of the animal to insure that the animal is not left unattended for an extended period of time and to prevent undue suffering and /or possible death during the hot and cold periods of the year; or 4. Held or controlled by some person by means of a rope, leash or tether. ARTICLE II- ANIMAL SHELTER; ANIMAL CONTROL OFFICER Sec. 14 -2 - Animal Shelter Animals impounded with any form of identification to include but not limited to: A microchip, a collar with Identifying information, rabies tags, or city license, will be held at the shelter for no less than 5 business days, not to include the day of impound, and not to include days that the shelter is not open to the public. Animals impounded with no identification (to include but not limited to a microchip, vaccine tags, city license, or collar with identification tags) will be held for no less than three (3) business days, not to include the day of impound, or days that the shelter is closed to the public. Mr. Wait added changes to Sec. 14.2 (5), asking to have clarification of what we are trying to achieve. He also asked the committee to review (6), to add that repeated attempts shall be made to make this contact with the number of attempts outnumbering the days the animal is held at the shelter. Section 14 -3. Animal Control Officer Include that all calls for service will result in request for proof of vaccines and microchip /license. D. Dogs at Large - Owners will be issued citations if citizens can provide proper documentation photos, of the animal in question at large. Does not need to be witnessed by officer if proper identification can be made via photograph or video evidence, and ownership can be verified. ARTICLE III - LIMITING THE NUMBER OF DOMESTIC ANIMALS Section 14 -5. Limiting the number of domestic animals B. Opening the exception for fostering of animals to all legitimate, non-profit rescue organizations. 5. adding "or other rescue organizations ". Section 14 -5. Permits Mr. Wait highlighted Section L- selling or giving away animals at flea markets and Section M- selling or giving away animals on roadside or public right -of -way. Mr. Wait asked for feedback from the committee at the next meeting. ARTICLE IV. RESTRAINTS, BITES, AND ANIMAL CARE Section 14 -9. Restraints Add: Fastening Animals (a) No animal shall be hitched, tied or fastened by any tying device (to include a pulley system) and must wear a properly fitted collar or harness made of leather or nylon, not of the choker .type. The collar or harness must have been specifically designed to be used for the animal being tethered. The tying device (to include pulley systems) shall be attached to the animal's collar or harness and shall be at least ten (10) feet in length and must have a swivel device on the anchor and collar end to prevent tangling. The tying device (to include a pulley system) must provide at least one hundred fifty (150) square feet of unobstructed space. (b) An owner may not tether an unattended animal outside by use of a restraint that is composed primarily of a chain, has weights attached or is not attached to a properly fitted collar or harness. 06 -26 -2018 Minutes, Animal Care Advisory Committee Page - 3 - (c) No person shall tether their dog using a collar exceeding one and one -half (1 %) inches wide for any dog weighing less than sixty (60) pounds. Dogs weighing sixty (60) pounds or more shall not be tethered using a collar exceeding two (2) inches in width. The collar must be adjusted to provide at least the circumstance of the animal's neck plus one (1) inch. (d) An animal that is tethered must have access to adequate shelter, clean water, dry ground and shade from direct sunlight at all times. (e) A person shall not tether an animal with a tying device that weighs more than one -tenth (1 /10) of the animal's body weight. (fl No person shall tether a puppy, sick or injured animal or a female dog while the dog is in estrus. (g) In accordance with the Texas Health and Safety Code, an owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement in the case of extreme weather conditions, including conditions in which the actual or effective outdoor temperature is below thirty -two (32) degrees Fahrenheit; a heat advisory has been issued by a local or state authority or jurisdiction; or a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. Section 14 -10. Trap, Neuter, and Return Program Last sentence; remove statement "maintained by the registered caregiver. TNR cats are separate from colony cats. Section 14 -14. Care and cruelty to Animals (a) add a no- chaining section; No person shall place a chain around the neck or attach a chain to any collar of an animal that would hamper or hinder the animal's movement. Also reword section (a) to state: to ensure that officers are authorized to impound and seize any animal found to be suffering, or who's life or health would be endangered if left in the conditions it was found in while a warrant is issued. (b) add: No owner shall fail to provide his animal with veterinary care as may be necessary for diseased or injured animals. If an owner is ordered by an animal control officer to seek veterinary care for an animal they will do so in the time defined by the officer, and provide immediate proof of veterinary examination. Failure to do so will result in issuance of cruelty citations) (e) add: Abandoned animal shall mean an animal abandoned while in the person's custody without making reasonable arrangements for assumption of custody by another person. (j) add: No person having charge or custody of an animal shall place or confine an animal in a motor vehicle or trailer under such conditions for such a period of time as may endanger the health, safety or well -being of such animal including, but not limited to, heat, cold, lack of food and /or water, or other circumstances that may cause heat distress, heat exhaustion, heat stroke, disability, or possible death. I.Any police officer (andlor animal control officer) finding an animal in violation of this section may obtain a locksmith or break and enter the vehicle or trailer if necessary to remove the animal, said animal shall be transported to the animal shelter and held for a period of not less than 10 days unless sooner reclaimed by the owner. The officer shall upon removal of the animal, leave a written notice attached to the vehicle or trailer with date, time, impounding officers' name, and the address and telephone number of the animal shelter where said animal is located. ARTICLE V. SPAY AND NEUTER Section 14 -16. Authority to slay animals running at t large. Remove Animal Control Officer from authority to slay an animal. Only allow a Peace Office to slay if deemed necessary. ARTICLE XI. ANIMAL SHELTER OPERATIONS Section 14 -39. Redemption. 06 -26 -2018 Minutes, Animal Care Advisory Committee Page -4- Remove entire section. Ms. Zavalla is working on internal Standard Operating Procedures for the department to follow. Section 14 -40. Inoculation and sterilization of adopted animals. Change wording to all dogs and cats adopted from the animal shelter shall be inoculated at the time of impoundment. Section 14 -41. Examination by veterinarian. Remove this section and replace with a section in adoption contract that all adopters will take their animal to their personal veterinarian within 7days of the adoption. Proposed changes to section 14 -41, is to be able refer to a policy that will be put in place for examinations that define how and when the animals are checked out. The Committee members were asked to review the proposed changes fiom Ms. Zavala and Mr. Wait before the September meeting. Mr. Wait stated that these are only some of the proposed changes. Staff will send the ordinance to the attorney to ensure we are in compliance once the committee has reviewed the entire document. Staff is working with Guadalupe County on the rabies issues for the feral cat colonies. Reports/Updates/Discussion and /or Action Items 3. Animal Adoption Center Building Update The attorney has hired the forensic engineer to conduct an analysis and report to the attorney with his assessment. The large fans have been installed in the outdoor kennels. 4. Update on Animal Services Operations Mr. Wait asked Ms. Zavala to explore opening the adoption center seven days a week or at the least, to be opened during the weekend and closed on Monday or a different non -busy day. Prior to 2009, the Animal Adoption Center was open seven days a week. Dr. Kiser agreed that having the adoption center opened on the weekends would allow families to visit the center and potentially adopt a pet over the weekend. The committee agreed that opening the Animal Adoption Center on the weekends would allow animals to be adopted quicker. Ms. Zavala noticed that in the last two years and possibly longer, there was not a system in place to track the inventory of DEA controlled medication. Ms. Zavala has performed audits on all the animals that we processed into the shelter and have discovered documentation in one way or another of how much medication was given to euthanize those animals. The tracking information was discovered in inconsistent ways, like in an Animal Control Officer's personal logbook, a logbook at the shelter, software program, animal tracking program, etc. Animals that were too sick or had been ran over and were suffering, were not brought inside the facility to be euthanized, but euthanized outside the building and taken the animal to locations to take care of the remains and these animals were never processed into the shelter and the medication was not documented. During Gerryleah' 06 -26 -2018 Minutes, Animal Care Advisory Committee Page - 5 - s audit of looking at prior orders of the controlled medication, it was discovered that the department is missing 1 1/2 bottles of the controlled medicine (386 cc). Mr. Wait and Ms. Zavala met with the EMS Director, Mr. Mabbitt, to discuss the DEA regulations and the EMS policies and procedures. They discussed were to go from here with the controlled medication and accountability. Ms. Zavala has reached out to the DEA asking to have a Lost Medication Audit performed so the Animal Services Department can be accountable from that day forward. The DEA agreed that they would come out to complete an audit on the Animal Services Department and make sure that they are compliance with their regulations. Having the audit will give the department closure on the missing medication that was not appropriately recorded. Ms. Zavala is working on becoming an authorized agent so she can purchase the controlled medication directly from the vendor. 5. Animal Services Activity Report Ms. Zavala reported the activity for June 1St through June 25 t - 23 dogs and 21 cats impounded - 22 animals adopted - 15 animals sent to rescue organizations - 9 animals returned to owner - 4 cats TNR - 1 sick dog euthanized Animal Services has established a new partnership with Alamo Pitbull and they will come to the Schertz facility to test one to make sure they fit their program and then possibly take four - five dogs. The Alamo Heights Kennel Club has a program to take large dogs to Colorado. The For Dogs Sake Rescue transports twice a month and they have guaranteed three spots on the second transport for our large dogs. Texas Chihuahua is taking heartworm negative Chihuahuas and Chihuahua -mixed to homes already waiting for a pet. Shot clinics are set up every other Saturday with Penny Paws and we are reminding citizens to get their pet licenses from the city as well. The department has started documenting all calls and a full written report as to the type of intake so they can better map what the city needs. If there are loose dogs picked up in one area, then their might be a need to look into a fence repair grant. If there are wild animals in an area, then the Parks and Wildlife would be contacted for assistance. Requests and Announcements 6. Announcements by the Executive Director Mr. Wait had no announcements. 7. Announcements by Animal Services Manager Ms. Zavala had no additional announcements. 8. Announcements by Committee Members Dr. Kiser said that she has reached out to a resident asking them to become a committee member and should hear back from them once they return from vacation. 06 -26 -2018 Minutes, Animal Care Advisory Committee Page - 6 - 9. Requests by Committee Members that items be placed on a future Animal Care Advisory Committee Agenda Look into changing the meeting time to the evening. This is the only city board /commission that meets during the day. Adjournment Mr. Wait adjourned the meeting at 2:30 pm. L''-JI k/4 Dudley Wait, xecutive Director ATTEST: Jacki4 Gaines, Executive`Assistant 06 -26 -2018 Minutes, Animal Care Advisory Committee Page - 7 -