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ENFIELD TOWN COUNCIL
MINUTES OF A PUBLIC HEARING
SEPTEMBER 16, 2002
A Public Hearing was held in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, September 16, 2002. Chairman Vayda called the Public Hearing to order at 7:00 p.m.
ROLL-CALL - Present were Commissioners Edgar, Egan, Fiore, Hall, Jones, Kaupin, Mangini, Strom, Tait, Tallarita and Vayda. Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki;
Chief of Police, Ronald Marcotte; Animal Control Officer, Fred Provencher; Director of Finance, Gregory Simmons; Director of Information Systems, Charlene Bond; Deputy Director of Public Works, Geoffrey McAlmond.
Chairman Vayda read the notice of Public Hearing which was published in the Journal Inquirer on Saturday, September 7, 2002 as follows:
TOWN OF ENFIELD
LEGAL NOTICE
PUBLIC HEARING
MONDAY, SEPTEMBER 16, 2002
"Notice is hereby given that the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall, Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, September 16, 2002 at 7:00 p.m. to allow interested citizens an opportunity to express their opinions regarding the PROPOSED ORDINANCE ADDRESSING THE PUBLIC NUISANCE CAUSED BY VICIOUS AND DANGEROUS DOGS IN THE TOWN OF ENFIELD, CONNECTICUT.
Copies of the proposed ordinance are available for public inspection in the office of the Town Clerk, 820 Enfield Street, Enfield, Connecticut, Monday through Friday 9:00 a.m. to 5:00 p.m."
Chairman Vayda explained the reason for another public hearing regarding this ordinance. He stated this had to be done because after the first public hearing, the Council made some adjustments to the ordinance. He noted they wanted to provide some flexibility in the ordinance for the Animal Control Officer so that he's allowed to determine what is a safe enclosure. He stated there's also a reference to a $50 fine on Page 4.
Chairman Vayda then announced the ground rules for the public hearing and invited speakers to come forward.
Thomas Walsh, 6 Roseanne Street
Referred to Page 2, section 9a and questioned whether this is referring to a particular breed. Chairman Vayda responded no.
Mr. Walsh then referred to Page 5 and requested clarification concerning liability insurance. Chairman Vayda indicated a clarification concerning liability insurance will be provided.
Mr. Walsh voiced concern that this ordinance might be providing the Animal Control Officer with carte blanche.
Chairman Vayda stated it's not the intent of this ordinance to harass individuals who own dogs. He added the Council does feel it's the responsibility of the owner to insure their dog is not going to attack people.
Donald Christmas, 25 Lincoln Street
Stated his dog does not venture out of his yard, but his lead will reach all corners of his property. He noted he does not live in a safe neighborhood, and he feels his dog should be able to protect him and his family. He voiced concern that this ordinance will be like a loaded gun allowing the Police Department to do whatever they wish. He added he is also concerned about liability insurance. Chairman Vayda pointed out Section 4 on Page 4 addresses some of Mr. Christmas' concerns. He added Page 5, Item #3 clarifies the liability insurance question.
Gary Peterson, Sandpiper Road
Stated he owns a collie that barks a lot, however, this dog has never bitten anyone and never leaves the yard. Councilman Fiore read the definition of a vicious dog on Page 2, Item #9.
Councilman Strom stated Page 3 of the ordinance outlines the criteria that has to be considered by the Animal Control Officer when determining whether a dog is vicious.
David Andrews, Chapel Street
Questioned whether a dog protecting its home would be considered vicious. Chairman Vayda referred to Page 3 and the criteria that determines a dog to be vicious.
Mr. Andrews voiced concern that certain breeds of dogs are being targeted.
Francis Fletcher, 5 Cedar Street
Stated his dog will protect him and his family against threats.
Paul Benjamin, 22 Pleasant Street
Noted he owns two pit bulls and they like to play.
Rita Bourgoin, 11 Margaret Drive
Questioned the leash law in Enfield. She noted her dog left its yard to approach a dog being walked on a leash. She explained her dog did not approach the leashed dog in an aggressive manner, but only out of curiosity. The leashed dog bit her dog and was then released by the owner. She noted the other dog continued the attack and critically injured her dog. She stated she just learned the same aggressive dog attacked another dog in the area.
Chairman Vayda stated the intent of this ordinance allows the Town to step in when a person is not in control of their dog. He added it's also the intent of this ordinance to protect people from being hurt.
Councilman Tait stated his belief the Town needs to have something in effect to protect people and animals from vicious dogs. He pointed out a lot of thought went into this ordinance to be sure there are a lot of checks and balances. He stated his hope they can proceed with this promptly.
Councilman Mangini suggested a clause be added to the first line in 9a. as follows:
"Any dog that approaches any person or animal in an aggressive, menacing, or terrorizing manner…"
Councilman Tallarita stated his belief Councilman Mangini's concern is addressed in 9c.
Thomas Walsh, 6 Roseanne Street
Referred to Item #4 on Page 5 concerning the $100,000 liability insurance and questioned if that is required after a dog has been declared vicious, and Chairman Vayda responded yes.
Francis Fletcher, 5 Cedar Street
Questioned how many vicious dog attacks occurred this past year, and Chief Marcotte responded none. Mr. Fletcher then questioned how many assaults have there been by human beings, and Chief Marcotte responded many.
As no others wished to speak, Chairman Vayda declared the Public Hearing closed at 7:52 p.m. |
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