COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON LAW AND GOVERNMENT3 Room 400, City Hall6 Philadelphia, Pennsylvania Thursday, April 7, 20117 1:35 p.m. PRESENT: COUNCILMAN WILLIAM K. GREENLEE, CHAIR10 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN11 COUNCILMAN JACK KELLY BILL 110210 - An Ordinance amending Chapter 10-100 of The Philadelphia Code, entitled14 "Animals," to provide for mandatory annual licensing of dogs and the creation of dog15 licensing agents to facilitate the issuance of such licenses...16 - - -18 2
Good2 afternoon, everyone. This is the3 Committee on Law and Government. We have4 a quorum with myself, Councilman Goode,5 Councilman Green and Councilman Kelly.6 And, Ms. Marconi, will you7 please read the title of the bill before8 us today.9
Bill 110210, an10 ordinance amending Chapter 10-100 of The11 Philadelphia Code, entitled "Animals," to12 provide for mandatory annual licensing of13 dogs and the creation of dog licensing14 agents to facilitate the issuance of such15 licenses, to provide for minimum16 standards for the care and control of17 dogs and cats, including their18 maintenance in kennels operating in the19 City, to provide for sterilization of20 dogs and cats, to provide for the21 confiscation and protection of dogs used22 in dog fighting, and to provide for the23 administration and enforcement of laws24 relating to animals, all under certain25 4/7/11 - LAW & GOV'T - BILL 1102101 terms and conditions.2
Thank3 you. I would ask the sponsor, main4 sponsor of the bill, Councilman Kelly, I5 understand you'd like to make a6 statement.7 Councilman.8
Yes. Thank9 you, Mr. Chairman.10 This legislation is a11 collaborative effort between Council, the12 Administration, the veterinary community13 and animal welfare groups. We have14 looked at best practices around the15 country to bring our animal code up to16 date and to make it more effective for17 both people and companion animals.18 We're amending multiple19 portions of the animal code to support20 our long-term goals to increase licensing21 compliance and thereby to generate22 additional revenue for animal care and23 control services, and increase the number24 of cats and dogs spayed and neutered,25 4/7/11 - LAW & GOV'T - BILL 1102101 thereby decreasing the overall unwanted2 pet population and financial burden to3 the City.4 This legislation increases the5 penalties for dog fighting, clarifies the6 City's position on trap/neutered/spayed7 and release policies, and allows us to8 better track and regulate animal kennels9 operating in the City.10 I am offering amendments to the11 original bill as it was introduced into12 Council. These amendments clarify some13 of the language in the original bill and14 also allows for a waiver to be granted by15 the City on a case-by-case basis for16 organizations required to sell dog17 licenses in the City.18 I hope that my colleagues and19 the Committee will support this20 legislation.21 Thank you, Mr. Chairman.22
Thank23 you, Councilman. And if I could just add24 for the record, I know how hard you've25 4/7/11 - LAW & GOV'T - BILL 1102101 worked the whole time you've been in2 Council on animal rights and animal3 welfare, and those of us who are animal4 lovers have really appreciated what5 you've done over time. I know it's not6 something that everybody follows, but I7 just have to congratulate you for just8 being so steadfast in everything you've9 done, and certainly Ms. Maher and10 everybody in your office that has helped11 on this.12 So thank you.13
Any other15 comment from members of the Committee?16 (No response.)17
Seeing18 none, our first speaker, first witness,19 is Mr. Abernathy, Managing Director's20 Office.21 (Witness approached witness22 table.)23
Good24 afternoon.25 4/7/11 - LAW & GOV'T - BILL 1102101
Please3 identify yourself for the record and4 proceed. And we have a copy of your5 testimony.6
7 Good afternoon, Chairman8 Greenlee and members of the Committee. I9 am Brian Abernathy, Chief of Staff to the10 Managing Director, and I'm here to11 testify in support of Bill No. 24 Specifically, the bill25 4/7/11 - LAW & GOV'T - BILL 1102101 clarifies that the Managing Director will2 determine the appropriate animal control3 agency that has authority to enforce the4 provisions of the Code; authorizes5 veterinarians, veterinary hospitals, dog6 groomers, animal retailers, boarding7 kennels and animal shelters to dispense8 and accept license applications and9 requires these businesses to certify that10 the animal is licensed at the time of11 service. If the animal is unlicensed,12 the business must provide an opportunity13 for the owner to license the animal. 23 It establishes additional24 requirements for kennel owners:25 4/7/11 - LAW & GOV'T - BILL 1102101 Buildings and enclosures must be2 structurally sound and be equipped with3 working smoke alarms and means of fire4 suppression; animals must be afforded5 appropriate shelter from the elements at6 all times; enclosures and kennel runs7 must be of sufficient size; wire bottomed8 cages may never be used; enclosures shall9 be securely placed and fastened so10 there's no danger of the enclosure11 falling; animals must not have direct12 access to one another, and waste from one13 enclosure cannot be transmitted to14 another; crates may not be stacked more15 than two high; sick animals must be16 isolated so not to spread disease to17 other animals; newborn animals and new18 animals to the kennel must be examined by19 a licensed veterinarian within seven days20 of entry into the kennel. 22 Additionally, the Administration23 appreciates the input that we've received24 from the Animal Advisory Committee on25 11 4/7/11 - LAW & GOV'T - BILL 1102101 this issue and several others. 6
Thank7 you, Mr. Abernathy. First of all, I want8 to recognize your efforts in this. I9 know it's one of the many things you've10 taken on since you for some reason left11 us and went down to the 2nd floor, but12 you have -- I know this is something13 you've really worked hard on, and I14 appreciate that too, and I think15 everybody does. Thank you.16 Councilman Kelly.17
I just want18 to follow up on Councilman Greenlee, what19 he just stated. I think I want to thank20 you for your effort and hard work in21 this. I also want to thank the Managing22 Director. And because of your hard work23 and efforts, I think we made the right24 decision in moving this under the25 12 4/7/11 - LAW & GOV'T - BILL 1102101 Managing Director's auspice. I just want2 to again thank you for all your efforts.3 This is -- I know there's a lot4 of people probably in this City -- hell,5 probably in this City Hall -- who6 probably don't think this is a major7 issue that has to be addressed, but this8 is a quality of life issue and it should9 be addressed. And I thank you again for10 really taking this seriously and doing a11 great job with it.12
It's our13 pleasure, and you guys have been great14 partners. So thank you.15
Thank17 you, Councilman.18 Any other questions or19 comments?20 (No response.)21
Thank22 you, Mr. Abernathy.23 Our next witness is Dana Spain.24 And, Ms. Spain, as you're approaching, I25 13 4/7/11 - LAW & GOV'T - BILL 1102101 want to also say thank you for all the2 efforts you've done over the years and3 PAWS has done in this endeavor.4 (Witness approached witness5 table.)6
Please9 identify yourself for the record and10 proceed.11
My name is Dana12 Spain and I'm the President and Founder13 of the Philadelphia Animal Welfare14 Society, also known as PAWS.15 Would you like me to begin,16 sir?17
3 Having served from 2005 to 20084 as the President of Animal Control for5 our city and having spent more than five6 years researching ways to improve our7 system and processes, I cannot express8 how appreciative I am that you're9 considering Bill No. 110210 to amend the10 animal ordinance. 14 Please allow me to provide a15 brief background of our city's current16 situation with regards to the17 overpopulation and underreporting of the18 City's animals. Each year our city19 shelters receive more than 30,000 animals20 as strays, owner surrenders and animal21 control pickups. Sadly, less than half22 of these animals will make it back out23 alive. This equates to approximately24 18,000 animals that are killed in our25 15 4/7/11 - LAW & GOV'T - BILL 1102101 City shelter simply due to lack of space2 and resources. 8 The amendments to this ordinance provide9 both monetary incentives for the general10 public and legal ramifications for11 breeders and retailers. 15 The other resource deficiency16 is money, pure and simple. Animal17 Control can only offer the life-saving18 services it can afford through the City19 contract. The new licensing protocols20 established by the Animal Advisory21 Committee and included in the amendments22 to this ordinance are a win-win-win23 scenario for the City, its residents and24 the animals. All dogs serviced by25 16 4/7/11 - LAW & GOV'T - BILL 1102101 veterinarians sold by breeders and2 retailers and adopted out by rescues will3 be required to be licensed at the point4 of service or release. This creates a5 new revenue stream that will infuse6 Animal Control with much-needed funds to7 provide spay/neuter and other life-saving8 services to the public. These services9 will enable low-income families to10 potentially keep their pet rather than11 surrender to a shelter. 16 Currently, our dog licensing17 compliance hovers about four percent of18 dog owners, bringing in a gross revenue19 of approximately $119,000 a year. Using20 the American Veterinary Medical21 Association calculator for the number of22 dogs in our city, if we can even achieve23 a 36 percent compliance, which is a24 median standard across the largest cities25 17 4/7/11 - LAW & GOV'T - BILL 1102101 in America, the City would see the annual2 revenue jump to almost $2 million per3 year, not including fines, fees and rates4 for unaltered dogs. 10 While the licensing and11 spay/neuter requirements of the12 amendments tend to garner the most13 attention and applause from the animal14 advocacy community, the addition of15 minimal veterinary care, kennel16 registration and chain of ownership for17 animals sold in the county are equally as18 important for both an animal and from the19 consumer standpoint. Heretofore,20 retailers and breeders were able to sell21 animals without any concern for the22 health and well-being of the animals in23 their care. 19 I would like to thank Holly20 Maher of Jack Kelly's office for her help21 in researching and drafting the22 amendments to this legislation, Brian23 Abernathy of the Managing Director's24 Office for taking the time to understand25 19 4/7/11 - LAW & GOV'T - BILL 1102101 the importance of this legislation and2 making it a priority to come to fruition,3 and the members of the Animal Advisory4 Committee for their knowledgeable input5 that crafted our final version. 10 Thank you for your11 consideration. This concludes my12 testimony. 14
Thank15 you, Ms. Spain. And I'm glad you16 mention -- obviously the main purpose of17 this bill is to help the animals and18 animal welfare, but it's going to raise19 some money for the City. That's not a20 bad thing either.21
We do.24 Any questions or comments from25 20 4/7/11 - LAW & GOV'T - BILL 1102101 members of the Committee?2 Councilman Kelly.3
I just have4 one comment. I just don't know of anyone5 who has done more for animal care than6 you, Dana. I really don't know anyone in7 the City. I want to thank you for all8 your hard work and, of course, for your9 future endeavors in this area. I really10 appreciate it.11
Thank you very12 much. Thank you for your constant and13 continuous support.14
Our next25 21 4/7/11 - LAW & GOV'T - BILL 1102101 witness I have is Dr. Daniel Morris.2 (Witness approached witness3 table.)4
Please8 identify yourself for the record. We9 also have your statement here.10
I'm Dan Morris on11 faculty at the University of Pennsylvania12 School of Veterinary Medicine and an13 appointed member to the Mayor's Animal14 Advisory Committee. I am here to testify15 in support of Bill No. 110210.16 I applaud your efforts to amend17 the "Animals" chapter of The Philadelphia18 Code. As a practicing veterinarian and19 representative of the School of20 Veterinary Medicine at Penn, I believe21 that I speak on behalf of my professional22 colleagues in thanking you for advancing23 the causes of both animal and public24 health in Philadelphia.25 22 4/7/11 - LAW & GOV'T - BILL 1102101 Like any major city,2 Philadelphia grapples with a burgeoning3 population of dogs and cats that are not4 yet placed in caring homes. Part and5 parcel to this problem is the unmitigated6 reproduction of these pet species, both7 intentional and unintentional, which8 exceeds the collective care provision9 capacity of the veterinary and animal10 sheltering services in our city. Any11 successful effort to reduce the numbers12 of unwanted pets that suffer on our13 streets or in households which lack the14 ability to properly care for them will,15 by necessity, rely on enforceable16 legislation that provides the impetus to17 surgically sterilize all pet animals,18 with only the specific exceptions as very19 appropriately outlined in the provisions20 of the amendments to the Code.21 In addition, the proposed22 changes to dog licensing policies and23 procedures are the keys to several24 desirable outcomes. For the individual25 23 4/7/11 - LAW & GOV'T - BILL 1102101 dog that is lost or stolen from its home,2 a license is the pet's ticket back to its3 family. For residents of our city, dog4 licensure is a public health priority, as5 it provides a means by which to track6 dogs that are involved in biting7 incidents. This is especially vital8 since dog bites are a reportable disease9 to the Department of Public Health. And10 for the greater good of all pets, dog11 licensing fees provide a means for12 funding several other fundamental13 initiatives, which should include14 reduced-cost neuter/spay services for15 disadvantaged Philadelphians who want to16 provide a loving home to a pet;17 trap/neuter/release and management18 programs for free living cat colonies19 within our city; improved shelter20 facilities and services for pets that21 find themselves in transition;22 enforcement of laws that prohibit23 purposeful fighting of dogs; and24 regulation of kennel operators and25 24 4/7/11 - LAW & GOV'T - BILL 1102101 enforcement of compliance with kennel2 regulations.3 Again, on behalf of4 Philadelphia's animal healthcare5 professionals, I thank you for your6 vision and would be happy to answer any7 questions the Committee might have.8
Thank you14 very much.15 The next witness, Portia Scott16 Palko.17 (Witness approached witness18 table.)19
Good20 afternoon. Please identify yourself for21 the record and proceed with your22 testimony.23
Good afternoon.24 I'm Portia Palko, owner of Central Bark25 25 4/7/11 - LAW & GOV'T - BILL 1102101 Doggie Day Care and an appointed member2 of the Mayor's Animal Advisory Committee.3
I'm here to speak6 in favor of Bill No. 110210 as it has7 been presented today.8 As a member of the Animal9 Advisory Committee, I have had the10 privilege to offer input to this11 legislation and discuss the impact and12 implications of the proposed amendment13 with those authoring it. The process has14 been a learning one for me, and I am15 proud to have been a part of it.16 I feel that this legislation17 will help Philadelphia move towards18 becoming a better place for our companion19 animals and bring the City closer towards20 the Animal Advisory Committee's goal of21 becoming a no-kill city in the future.22 Specifically, I would like to23 address the proposed changes concerning24 new dog licensing requirements as they25 26 4/7/11 - LAW & GOV'T - BILL 1102101 pertain to pet-related businessowners.2 As such a businessowner, I am3 currently required to keep records of all4 dogs' vaccinations, and adding City dog5 license information to this will have6 little to no impact on the operations of7 my business. In fact, many residents of8 Philadelphia are unaware of current9 licensing requirements until they hear it10 from me or my staff. Enabling businesses11 such as mine to assist our customers with12 the licensing process adds a level of13 additional customer service that I14 believe will enhance our value to the dog15 owners we serve, as well as to the16 neighborhood in which we operate.17 Directing funds from dog18 licensing to Animal Control rather than19 the General Fund will also provide20 incentive for our residents to comply21 with licensing. Knowing that their22 dollars are going to directly help the23 animals of Philadelphia makes the24 requirement that much more important to25 27 4/7/11 - LAW & GOV'T - BILL 1102101 those who care.2 I would also like to thank the3 authors of the proposed amendment for4 their work on this, Councilman Kelly,5 Holly Maher and Dana Spain, and also my6 fellow Animal Advisory Committee members7 for their work and input on this bill.8 That concludes my testimony.9 If you have any questions.10
Thank11 you.12 Any questions or comments?13 Councilman Kelly.14
Ms. Palko, I15 just want to thank you and all of your16 members in the Advisory Committee for17 their input on this bill. I really18 appreciate it.19
Thank you22 very much.23 The last witness I have is24 Mr. Ed O'Donnell.25 28 4/7/11 - LAW & GOV'T - BILL 1102101 (Witness approached witness2 table.)3
Good4 afternoon. Please identify yourself for5 the record and proceed.6
Yes. Thank7 you. Ed O'Donnell and I am President of8 the Winthrop Foundation, which is a9 charity which helps people and animals.10 The 36 Psalm in the Bible says11 men and animals are in God's care. St.12 Francis of Assisi spent as much time13 helping animals as he did people.14 We are to help the entire15 creation - people, animals, insects,16 plants, the environment. So I commend17 you for this bill. I support it. I18 would ask that you make sure that19 low-income people do not have to pay20 license fees, because they need financial21 help.22 Quickly, a few related issues.23 When a child or anyone mistreats or24 tortures an animal, it makes them more25 29 4/7/11 - LAW & GOV'T - BILL 1102101 likely to mistreat or torture human2 beings.3 I don't believe in hunting. I4 think when somebody kills an animal, it5 makes them more likely to mistreat a6 human being. I'm a vegetarian for that7 reason. I don't believe in the killing8 of animals.9 We need education starting in10 kindergarten telling kids not to mistreat11 animals. We need a public service12 campaign telling people not to mistreat13 animals.14 So this effort will help15 prevent people from mistreating animals16 and, in the process, help people learn to17 love and treat properly human beings.18 Thank you.19
Is there23 anyone else here who wishes to testify?24 (No response.)25 30 4/7/11 - LAW & GOV'T - BILL 1102101
Seeing2 none, that will conclude the hearing of3 the Committee on Law and Government.4 We'll now move into our public5 meeting, and the Chair recognizes6 Councilman Kelly regarding the amendments7 to this bill.8
Yes.9 Mr. Chairman, I would like to make a10 motion to move for the approval of the11 amendments, which have been circulated to12 all members of the Council. The13 amendments clarify some of the language14 in the original bill and allows a waiver15 to be granted on a case-by-case basis to16 organizations required to sell dog17 licenses in the City.18 (Duly seconded.)19
It's been20 moved and seconded.21 All in favor please say aye.22 (Aye.)23
Opposed?24 (No response.)25 31 4/7/11 - LAW & GOV'T - BILL 1102101
Hearing2 none, the bill is amended.3 The Chair again recognizes4 Councilman Kelly.5
Thank you,6 Mr. Chairman. I move that Bill 110210,7 as amended, be adopted by this Council8 with a favorable recommendation and also9 call for the suspension of the rules in10 order that this bill may be heard at the11 next session of Council.12 (Duly seconded.)13
It's been14 moved and seconded.15 All in favor say aye.16 (Aye.)17
Hearing20 none, Bill No. 110210, as amended, is21 reported out of this Committee with a22 favorable recommendation and the rules of23 Council suspended to allow for first24 reading at our next session of Council.25 32 4/7/11 - LAW & GOV'T - BILL 1102101 Being no further business2 before this Committee, thank you,3 everyone.4 (Committee on Law and5 Government concluded at 1:55 p.m.)6 - - -7 8 9 10 11 12 13 14 15 16 17 18 33 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on April 7, 2011, and that7 this is a true and correct transcript of same.8 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23