2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 San Francisco Commission of Animal Control and Welfare
Meeting Minutes
June 9, 2005
1. Call to Order and Roll Call
Meeting called to order at 5:30 pm, June 9, 2005.
Present: Commissioners Kennedy, Franklin, Kipnis, Herndon, Guldbech, Weiss, DVM, Schulke, Yeager, Hamilton
2. Public Comment
Eric Mills, Action for Animals - Welcomed three new Commissioners, Commission doing great work. Population of African Frogs in Golden Gate Park lily pond.. They are a prohibited species. Asked the Commission to do something about this. Fish and Game does not want to deal with his issues. Would like a letter form the Commission and the Board of Supervisors to address the issues.
3. Approval of draft May 12, 2005 meeting minutes
Commission Franklin moved to pass minutes without changes.
Seconded by Commissioner Kipnis.
Unanimous
4. Chair's Report
Chair Kennedy welcomed new Commissioners, Yeager, Hamilton, Schulke
Commissioners introduced themselves.
Move Commissioner orientation until end of meeting.
Chair reviewed basic meeting procedures
Update regarding two dog incidents in San Francisco:
- May 28 -two dogs running loose. Hearing held recently.
- June 3, 12-year old boy attacked by the family's two dogs resulting in the child's death. Still under investigation.
Mayor appointed a workgroup to review and assess ways to prevent pit bull attacks in the future.
The Mayor emphasized that the group's focus must be narrow and limited to incidents like Friday's tragedy. Recommendations from the workgroup are due within 10 days. Following review of recommendations, there will be much more public process to deal with potential legislation.
Public Comment - None
Commissioner Herndon -With regard to the attack in McClearan Park, ACC has three dogs in custody. Testimony still being considered. A decision will be made within a few days.
Move on to New Business
5. Commission discussion and public comment regarding ideas for legislative recommendation regarding vicious dogs and pet over-population, including discussion of:
· Mandating spay/neuter for dogs in San Francisco (exceptions to include registered breeders and registered show dogs)
· Licensing and registration of breeders -- define "breeder." Developing specific standards and requirements of breeders as to provide for well-adjusted and properly socialized animals
· Prohibiting the breeding and selling of pit bulls in the city and county of San Francisco
Commissioner Franklin reported on a US survey of over 200 fatal dog maulings. Out of the 200 maulings, 198 were carried out by unfixed animals, primarily unneutered males.
Chair Kennedy discussion will be limited to the scope of the item as it is written. The Commission will provide public and Commission feedback to the working group for consideration in developing their recommendations. .
Chair Kennedy stated that some of the press releases regarding this meeting were inaccurate. Contrary to what some of the press releases stated, the Commission is not going to discuss banning the breed of pit bulls. Banning breeds is against state law, the issue was never on the Commission's agenda and it will not be discussed at this meeting. .
Guest Speaker, Donna Reynolds, Director of Bad Rap
Represents Bay Area Dog Lovers Responsible about Pit Bulls
This problem has concerned Bad Rap for years
· This topic covers all breeds, all large dogs, all bad situations.
· This is a dog issue, not a breed issue.
· The trend over the past 6 years is the overpopulation for this one breed.
· Pit Bulls have been succeeding as family pets in the Bay area. For the most part, the responsible owners with good dogs are having a good experience.
· The problem occurs when troubled dogs (of any breed) are matched up with irresponsible owners/guardians. This problem has not gone away, the breed just changes.
· Breed Specific Legislation (BSL) has not been effective. Difficult to enforce. Miami Dade County in 1997 banned pit bulls. In 2002, there were still 50,000 pit bulls in the county, even though they were banned.
· Craig's list advertises up to 400 pit bulls for sale. Most sold are not neutered. A consortium of shelters and rescue groups in the east bay , Hop Along, ARF, Oakland Shelter, and Bad Rap, have asked Craig's list to stop advertising. There has been mixed reviews about that request.
· Would like to see a lower population of pit bulls.
· Shelters all over the bay areas are looking for leadership.
· Since the attack took place, people are begging for basic training and actively seeking information on how to handle their pit bull.
· The entire country is watching us now and looking to us for leadership in developing progressive policy. The country is looking at us to see how we will resolve this problem.
LA Legislation
· Legislation that prohibits people from dog breeding unless they have a breeder's permit. Along with the legislation, proactive to go out into the community to spay and neuter.
· In order to breed in Los Angeles, you need a permit. The cost is $100. AC officers go into the neighborhoods, knock on doors and find out whether dogs and cats have been licensed . They target areas where pit bulls and other free roaming dog population is high.
· Owners can receive a voucher and then pay $10 to get the dog neutered/spayed.
· If owner decides not to obtain a breeders license or neuter their dogr, they must pay a $500 penalty.
· To curb advertising impact, there is a task force that answers ads in the paper. They show up in uniform and require owner to fulfill their obligation.
· The program is successful - almost everyone complies. The city makes it easy. Since the program started, 75% of licensed dogs are neutered/spayed. Fewer dogs are euthanized. Also promote education efforts - create classes for families that want to adopt a pitt bull.
· There is a special license for guard dogs -$150 if owner does not neuter/spay the dog. Must be micro chipped
Public Comment
1. Mark Witt - Pit bull owner, these dogs are taught to fight each other, not to be aggressive to people. Focus on owner, not the dog.
2. Laura Beck - Fatal dog attack is an unusual event - 20 deaths per year out of 53 million dogs. Dogs that attacked were unaltered. No association with breed. What is needed is a healthy discussion on banning or strict rules on breeding and mandatory spay and neutering. Do not punish the dogs at shelters. Rescue groups implement tough temperament tests on dogs before they are adopted out.
3. Sally Stevens - SF Dog. Knee jerk responses are not effective. They can be divisive to the community Must address aggressive dogs, but it requires a measured and thought out response. Worst thing to do is create regulations that are ineffective and unenforceable.
· Education is key to reducing dog bites in the community
· Encourage spay and neutering
· Stop irresponsible breeders.
· Restrictions on breeders should be considered as long as responsible breeders are not impacted.
· Increased access to behavior training
4. Richard Fong - Not in favor of spaying and neutering. In favor of restrictions; such as muzzling, not allowed off leash
5. Rhonda Nichols - Not in favor of BSL. In favor of spay/neutering. Would like ACC to have stricter rules before persons can get a dog, instead of telling the owners what they need to do once the dog is adopted.
6. Ron Cole - Serious questions as to whether the dog that attacked the child is a pit bull. Most attacks are human errors. We need to know what the human did. Take this opportunity to educate the public about dog behavior, spy and neutering. Need to teach owners what the dangers are when a pit bull is in heat, around children.
7. Jane Greenwald- Urges Commission not to recommend overbroad solutions to a non problem There is not overpopulations problem with pets in SF. This is a child endangerment issue. Do not over legislate. Mobilize all education resources as much as possible.
8. Eric Steinberg - There is a huge pet overpopulation in Oakland. Stop the breeding of all animals in the city of SF. Breeding is simply immoral.
9. Eric Mills - There is a huge pet overpopulation in the city. So many people abuse these dogs. Would like to see the pit bull bred out of existence. We create the problem and now we punish the victim. Do it humanely, but it will not end unless we get rid of breed.
10. Margaret Trichio - Best friend is her put bull. Have had a long history as a unique American dogs. Suggests that the Commission listen and give this a lot of thought. Solve the problem so people like herself can have their best friend.
11. Lisa Vitori - The problem is about how children and dogs relate to each other, but more importantly, how vigilant parents are when dogs and children are together It is the parent's responsibility to monitor when children and dogs are together.
12. Nichol Preesy-Smith - How do we address mixed breeds. What about those dogs that are only partial pit bull? How will the law distinguish which dogs are part pit?. If a dog wears a muzzle, it will create more fear. ACC is overstressed as it is, so do not ask them to go around the city to enforce muzzles, etc..
13. Jenna Ikler -Has a pit bull, who is a registered service dog. Pit bulls used to be the family dog, now there is all this fear, what is going on now is "Pit Bullism". Most commonly abused dogs. Need more controls on breeding of all dogs, and mandatory spay and neutering.
14. Lana Basil - Opposed to any BSL. This is not a breed specific issue. We need to understand the temperament of an animals and the socialize aspects. Any dog can turn on any person.
15. June Wilson - This is an issue of an irresponsible owner, not the dog. An issue of irresponsible breeders. Many pit bulls go to the wrong owners.
16. Tara Nic Dorma - Does pit bull rescue in Ireland. In SF to learn about what we are doing with dog regulations. There are too many dogs being killed every day in shelters. There is an overpopulation of many dogs in SF. She has never feared a pit bull. Pit bulls were trained to fight other dogs, not to be aggressive to people. Backyard breeding is the problem.
Commission Discussion
Commissioner Guldbech - No standards/requirement for breeders in SF. The majority of the problem is the back yard breeders. It's about money; it is a sport and a status symbol. The pit bull is the victim.
Commissioner Franklin - Should not pass a law simply in response to this incident. Need to look at overall problem of aggressive dogs and how we go forth with solving the problem of over population of pit bulls.
Commissioner Herndon - The overwhelming majority (99%) of male dogs at vicious and dangerous dog court are unneutered males. If you put that dog with a young male adult (18-35), the combination is what is seen in court - which presents the problem in SF. -
Commissioner Weiss - Neutering is very effective as it reduces the violence of a dog. UC Davis has done a study that shows after neutering, dogs are less aggressive.
Commissioner Schulke - CA State law does not allow BSL. Other ordinances may be a good road map, but it is a slippery slope. Animal Care and Control needs a larger budget for enforcement. If we cannot enforce the law, there is no point. Must have adequate budget and enforcement to enforce any laws that are passed. Also, should we look at the state law to see if the state law sold be changed in terms of BSL? Could be tricky.
Commissioner Kennedy - To open the door to BSL could be a slippery slope. We do not want to limit ourselves to any breed specific legislation.
Commissioner Guldbech - When a dog is deemed vicious or dangerous, it is required that the dog be spayed or neutered. This is in the code. We see few repeat offenders from those dogs that have been spayed and/or neutered. This shows that spay and neutering is a great start to solving this problem.
Commissioner Herndon - Due to the work of this Commission and the Board of Supervisors, Herndon can order a dog to be spayed and neutered even before it is deemed vicious and dangerous.
Commissioner Guldbech - Staffing is always an issue. If the work group comes up with a recommendation that will require more city resources, the Mayor will need to take that into consideration.
Commissioner Schulke - Let's not have a cycle of demonizing the "dog de jour". There will just be another breed of dogs that we demonize later on.
Commissioner Herndon - Target general population of dogs, not a specific breed of dogs. Problem with BSL is how to identify a pit bull.
Commissioner Weiss - If we recommend mandated spay and neutering, we first need to discuss with SF Vets who will be doing the spying and neutering. This also is a resource issue.
Commissioner Kipnis - As part of Commission work, we need to capitalize on successes in other states. Find model statues out there that are effective.
Guest Speaker Donna Reynolds - According to the LA legislation, if the owner continues to ignore spay/neuter orders, it becomes a criminal misdemeanor. The pressure of officers going through the neighborhoods was enough pressure for people to comply with the legislation in LA.
Important point to keep in mind is that we are now seeing in Oakland shelters other types of aggressive dogs; it is not just about pit bulls. There are other types of aggressive dogs involved in attacks, for example, those being brought into the country from South America.
Franklin and other members of the Commission - The fact that we are seeing other types of aggressive dogs is certainly a solid reason not to support any type of breed specific legislation.
Commissioner Guldbech - Working group needs to take into consideration the fact that some owners will never respond to orders, even after charged with a misdemeanor. Need to take compliance level into consideration. Need strict consequences - i.e seizure order for the dog.
Commissioner Herndon - Even after seizure order has been issues, the owner will hide the dog.
Commissioner Kipnis - Education, outreach and public relations is critical in this effort. Would require more resources, but very effective. SF should fund a PR campaign around this issue?
Commissioner Franklin - Need strong shelter requirements for adopters. Share with ACC what the Commission here's from the public about strong adoption requirements.
Commissioner Yeager- Work group may want to include breeder guidelines in whatever they decide to recommend. It sounds like strict breeding rules are necessary as well.
Next Steps:
Chair Kennedy - Feedback given will be important and valuable to the workgroup in developing their recommendations. Commissioner Kipnis will prepare and forward the minutes to Commissioner Herndon tomorrow, who will share them with the Mayor's workgroup.
Commissioners Herndon and Guldbech left the meeting.
6. Committee Reports/Commissioner's Reports
a. Update regarding an ordinance that would provide oversight of UCSF's live animal testing and adherence to the federal Animal Welfare Act.
Commissioner Franklin introduced former Commissioner Alyssa Eckman to provide an update.
Commission Eckman report that she and Commission Franklin had a meeting with Supervisor Ross Mirkarimi, and by phone, Suzanne Roy, IDA, and Carter Dillard, Attorney.
Eckman reported that there was resistance to the ordinance from the City Attorney's office, and as a result, they have explored the option of a memorandum of understanding as an alternative. Eckman will deliver a cover letter and supportive documents to the Supervisor's office today.
The next step is to work with the attorneys to figure out the best way to move forward and work through any legal challenges.
b. Commission officer elections - Commission officer elections are coming up in July. Nominations for officers must be submitted to the Chair by the time next month's agenda items are due.
Public Comment
Eric Mills - animal care and use committees are require by law in Florida, to be open to the public. Should be legal in CA as well. Related to that, feels that the African frogs were used in research and the rest were dumped in the Golden Gate lily pond.
Lisa Vitori - worked in animal research lab. Was in the junior high where ids were dissecting a squid. The school might be an easier place to work as a first step. Interesting to look at dead animals for research, but not ethical to take the life of an animal to achieve that.
Michele Tai - start with SF and have the city say publicly that animal is not scientific.
Commissioner Franklin will bring Commissioner Yager and Hamilton up to date on the UCSF issue.
7. Commissioner Orientation
Chair Kennedy referred to the Commissioner Orientation Packet. The Commissions has had a great deal of successes including establishing a credible relationship and reputation with the SF Board of Supervisors. We have been successful due to the way in which the Commission works.
Chair Kennedy reviewed some of the Sunshine laws as they relate to meeting procedures.
Commissioner Schulke stated that is was unfair that the Commission does no have paid staff to take minutes and assist with any administrative needs.
New Commissioners will review the orientation packet and then contact the chair if there are questions.
8. Public Comment - none
9. Closing review and task allotments
1. Commissioner Kipnis will prepare minutes and forward to Commissioner Herndon by noon tomorrow.
2. New Commissioners will review Commissioner Orientation packet
3. Commissioners will send calendar item to the Chair by July 1st
Meeting adjourned 7:45 p.m.