Adrian Fenty
THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Adrian M. Fenty introduced the
following bill, which was referred to the Committee on Human
Services.
To amend the Animal Control Act of 1979 to
authorize impoundment of animals kept without first obtaining a hobby
permit and to establish standards for the keeping of animals pursuant to a
hobby permit such that the animals do not create a nuisance.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, That this act may be cited as the
"Animal Control Amendment Act of 2001 ".
Sec. 2. The Animal Control Act of 1979, effective
October 18, 1979 (D.C. Law 3-30; D.C. Code §6-1001 et seq.), is amended
as follows:
(a) Section 6(a) is amended to read as follows:
"(a) The Mayor may impound any animal at
large, any dangerous animal, or any animal kept
in violation of section 10.".
(b) Section 10 is amended as follows:
(1) Add a new sentence at the end of subsection
(a) to read as follows:"The permit shall be for specific
premises and a specific number of animals by species or breed, as
appropriate, and shall not be transferable.".
- (2) Add a new subsection (d-1) to read as follows:
"(d-1) The Mayor may periodically inspect
the premises to determine compliance with this section and to
determine whether the size and type of facilities for keeping animals
is adequate for the number, size and species of animal kept on the
premises. The Mayor shall impound any animal in excess of the number
permitted, or any animal more than 5 kept without a valid animal hobby
permit. An animal impounded pursuant to this section may not be
redeemed unless the number of animals on the premises is reduced to a
sufficient number to accommodate any impounded animal. An animal
impounded pursuant to this section shall be deemed abandoned after 7
days pursuant to section 6(f)."(3) Subsection (e) is amended to read as follows:
(e) The Mayor shall inspect the
premises proposed to be used for keeping animals pursuant to a hobby
permit after receiving an application and the appropriate fee
therefor. The Mayor shall issue a permit within 15 business days after
an inspection and a determination that the applicant has adequate
space to maintain the animals.".
(c) Section 12 is amended to read as follows:
"Civil fines, penalties, and
fees may be imposed as sanctions for any infraction of the provisions of
this act, or the rules issued under authority of this act, pursuant to
titles I-III of the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985. Adjudication of any infraction of this act
shall be pursuant to titles 1-111 of the Department of Consumer and
Regulatory Affairs Civil Infractions Act of 1985.".
(d) Section 13 is repealed. Sec. 3. Fiscal
impact. The Council adopts the fiscal impact statement in the committee
report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 4. Effective date.
This act shall take effect following approval by
the Mayor (or in the event of veto by the Mayor, action by the Council to
override the veto), approval by the Financial Responsibility and
Management Assistance Authority, as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance
Authority Act of 1995, approved April 1995 (109 Stat. 116; D.C. Code §
47-392.3(a)), a 30-day period of Congressional review, as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and
publication in the District of Columbia Register.