A | Consideration and Adoption of Resolution No. 2019-53 and Ordinance No. 2019-36: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "Animal Keeping Code Amendments;" and an ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 6, Police Regulations, Chapter 3, Animal Keeping, by referencing that certain document entitled "Animal Keeping Code Amendments"; providing for repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date. | ||||||||||||
Sustainability Specialist Dylan Lenzen provided a PowerPoint presentation that covered the following: ANIMAL KEEPING CODE REVISIONS DISCUSSION AN ITERATIVE PROCESS 4-H CONSIDERATIONS EXISTING DATA ON ANIMAL KEEPING OPTIONS FOR CONSIDERATION PERMITTING OPTION A – AS CURRENTLY PROPOSED OPTION B – PROPOSED PERMITTING PROCESS ABOVE WITH REDUCED PERMIT PROCESS OPTION C – OPTION D – NO PERMIT SETBACKS OPTION A – AS CURRENTLY PROPOSED OPTION B – REGULATE BY LOT SIZE OPTION C – INCREASE SETBACKS FOR GOATS The following individuals addressed Council about the animal keeping ordinance:
Councilmember Odegaard stated that he prefers Option C with a permit but no fee. The permits allow for data gathering and a better way to deal with enforcement. With regard to setbacks, he prefers Option A. With goats, he would like to leave things as they are and see what data is obtained with the permits. He is supportive of including a way to revoke permits as part of the code compliance. Councilmember Salas stated that she is supportive of individual responsibility, voluntary compliance, and self-regulation especially with animals on private property. I respect private property rights, but those rights can be curtailed when actions impeach on neighbors’ rights. 27 complaints in the last three years does not justify permitting or additional government regulation. It is time to look into existing codes and strengthen enforcement while at the same time encouraging responsible owners to spread the word on how to be responsible owners. She is supportive of Option B for permitting. Mayor Evans stated that she is supportive of Option C for permitting. She stated that regardless of the outcome, nuisance ordinances need to be strengthened so there is a way to penalize long-term, continuous complaints. If this is pushed off as a code enforcement issue, then a discussion needs to happen about budget and staffing allocation to deal with animal keeping. Councilmember Whelan stated that she has no interest in permitting or charging a fee until there is data to support a decision. Vice Mayor Shimoni stated that he supports Option B with no permit at this time. The issues should move forward under nuisance ordinances and he is interested in further budget discussions about resources for code enforcement. Councilmember Aslan stated his support for Option C with a permit but no fee for large and small livestock except rabbits and chickens. He is also supportive of Option B for setbacks. Mayor Evans stated that if it is the will of the Council to have a permit system that allows for the removal of animals due to excessive calls and complaints then she is not as concerned about the setbacks or lot size. Councilmember Odegaard indicated that he is supportive of that approach. Vice Mayor Shimoni stated Option C if it is free and he supports a minimum of 5,000 sqft per goat without setbacks. Councilmember McCarthy voiced support for Option C for permitting, Option A for setbacks, and leave everything else in existing law. |
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Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2019-53 with the following amendments:
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Vote: 4 - 3 | |||||||||||||
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Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2019-36 by title only for the final time. | |||||||||||||
Vote: 4 - 3 | |||||||||||||
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 6, POLICE REGULATIONS, CHAPTER 3, ANIMALS, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “ANIMAL KEEPING CODE AMENDMENTS”; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE | |||||||||||||
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2019-36. | |||||||||||||
Vote: 4 - 3 | |||||||||||||
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A break was held from 8:33 p.m. through 8:42 p.m. Mayor Evans reordered the agenda taking Items 14A and 14B next. |
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