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04.10.13 OSBT Tag memo and attacments CITY OF BOULDER OPEN SPACE BOARD OF TRUSTEESAGENDA ITEM MEETING DATE:April10, 2013 AGENDA TITLE Consideration of a motion regarding program enhancements to the Voice and Sight Tag Program. PRESENTER/S Michael D. Patton, Director,Open Space and Mountain Parks Mark D. Gershman, Environmental Planning Supervisor Stephen B. Armstead, Environmental Planner EXECUTIVE SUMMARY The Voice and Sight Tag (Tag)Program was included in the Visitor Master Plan (VMP) as a trialprogram.The purpose of the Tag Program was to increasedog guardians’ awareness of the requirements of voice and sight control and proper dog management. Staff evaluated enhancement options for the Tag Program for several reasons: Monitoringconcluded that compliance with the requirement of the Tag Program was lower than standards set in the VMP. City Council identified the Tag Program among a number of overarching issues for review. The Open Space Board of Trustees (OSBT) has recommended that staff examine potential enhancements to the Tag Program. Open Space and Mountain Parks (OSMP)held two open houses anddiscussedthe Tag Program during three study sessions with the OSBT.At these meetingsstaff discussed potential program enhancementsand gathered community and OSBT feedback.On Oct.10, 2012the Board unanimously recommended a set of Tag Program enhancements. These were subsequently discussedwith City Councilat a study sessionin November 2012. Council members were in support of the general content and direction of the program enhancements and recommended additional work to clarifydetails on revocation, reinstatement, program fees, and monitoring. Staff and the OSBTheld a study session on Jan.31, 2013 to discuss theseprogram details. The AGENDA ITEM 6 PAGE 1 Board and staff discussed waysto implement the education and outreach enhancements during theFeb.13, 2013OSBTmeeting. This memorandum containsinformation that addressesprogram enhancement details regarding: 1) revocation and reinstatement of privileges, 2) program cost estimates and 3) recommended program fees andpresents the completepackage of program enhancements.The adaptive management and monitoring program will be discussed with OSBT at a future meeting once the monitoring program review is complete. STAFF RECOMMENDATION Staff proposes that the Open Space Board of Trustees recommend to the Boulder City Council that: The Voice and Sight Tag Program be modified with the program enhancementslisted in Attachment A. An additional $235,000 to be authorized as a supplementalbudget appropriation for costs in 2013 associated with implementing program changes. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic–Overall economic impacts on the business community are unknown. Businesses and organizations providing dog training services may benefit from dog guardians seeking training services to increase skills beneficial to voice and sight control. Environmental–The Tag Program was identified inthe VMPas a way to reduce adverse effects to OSMP ecological and agricultural resources by increasing the level of compliance with voice and sight requirements.Compliance with the Tag Program requirements has likely contributed to some environmental protection such as more dogs being kept on leash. The recommendedenhancements to the Tag Program are specifically intended to change behaviors to benefit environmental sustainability of the city’s open space resources. Social–Neighboring open space and park managers require dogs to be leashed almost everywhere dogs are allowed(except in dog parks).The trails and areas on city lands for off- leash voice and sight control opportunities is highly valued as the only option availablefor many dog guardians.The Tag Program initially reduced dog-related conflicts;however,the reduction was not sustained. Enhancements to the Tag Program are intended to both support enduring changes that will sustain a high-quality visitor experience retaining valued voice and sight control opportunities and reducing behaviors that contribute to visitor conflict. OTHER IMPACTS Fiscal –Nonpersonnel program costs are estimated at $169,000 for the first two years and then $21,000 annually thereafter. Increased registration fees coupled with a requirement for periodic renewal are likely to generate program revenues to cover program costs. For details please see the Analysis section. Staff time –While much of the work associated with the proposed program enhancements will be accomplished with existing staff and contracted services, OSMP proposes hiring additional seasonal staffing for education and monitoring. A total of 8.4full time equivalents AGENDA ITEM 6 PAGE 2 (FTE)($532,000) will be needed over the first two years duringimplementation of which 4.5 seasonal employee FTEs($196,000)are new positions. Thereafter,1.8FTEs (ca.$110,000) will be needed which includes 1.0 FTE of seasonal employees.The Analysis section provides greater detail about how OSMP proposes to staff the program. PUBLIC COMMENT AND PROCESS OSMP has received nearly 300responses to provided feedback about the Tag Program. These include bothgeneralcomments and comments specificallyabout program enhancement options 1 whenthe Tag Program Evaluation Report was distributed in May2012.OSMP held two open houses (May 24 and 30, 2012)for community members to discuss the evaluation and enhancement options with staff. Additionally, staff sent emails to program participants, posted information on the OSMP Website, and distributed media releases as part of the communication strategy for the Tag Program evaluation. During study sessions in January, March and July of 2012the OSBT provided staff with feedback on potential Tag Program enhancements. The OSBT held a public hearing on Oct. 10, 2012 and unanimously recommended a number of program enhancements which are summarized in Attachment B.OSMP staff and OSBT members discussed the Tag Program evaluation with City Council at a study session on Nov. 13, 2012. Council members supportedthe content and direction of the program enhancementsand suggested additional work to determine the details of the enhancements. Staff and the OSBT discussed these program details at astudy session on Jan. 31, 2013. This item is being heard as part of apublic meeting advertised in the Daily Cameraon Sunday, April 7, 2013. BACKGROUND The Tag Program was included in the VMPas a trialprogram,the purpose of which was to increasedog guardians’ awareness of the requirements of voice and sight control and proper dog management etiquette. The VMP predicted that an increased awareness of requirements would improve compliance,thereby reducing conflicts and resource impacts as well as the likelihood that such problems would increase in the future. The Tag Program was initiated in 2006 and has remained largely unchanged.The program offers virtually the only suchprivilege andis greatly valued by participants.In response to City Council and OSBT direction, along withmonitoring results showing voice and sight compliance below standards set in the VMP, OSMP staff has worked with community members including the OSBT and City Council to evaluate enhancements tothe Tag Program. Staff evaluated potential enhancement options and prepared a reportfor public review and 2 comment. The report includes background about the Tag Program and guidance from relevant 1 The compendium of comments is lengthy (191pp.) and was not included in the packet. It is available on the OSMP Website at http://www.bouldercolorado.gov/files/openspace/pdf_VMP/overarching/12- 1113_Council_Study_Session_Compendium.pdf. 2 http://www.bouldercolorado.gov/files/openspace/pdf_VMP/overarching/Revised_Tag_Program_ Evaluation_1-25-13.pdf AGENDA ITEM 6 PAGE 3 plans.It also discussesif and how program objectives weremetand analyzespotential enhancement options and associated strategies. Several information needs were identified by City Councilmembers at the Nov.13, 2012 study session. Council members requested additional information about: 1)Violations thatwouldresultin revocation of privileges, fines and reinstatement of privileges, 2)Program cost estimates and feesfor program registration and renewal. During a study sessionon Jan.31, 2013 the OSBT and staff discussed council’sfeedback,details for revocation and differential fees,and the process for developing an adaptive management and monitoring program to evaluate Tag Program success. Staff drafted a set of recommendations based upon 1)the enhancements OSBTrecommended to City Council in Oct.2012, 2)information from the January OSBT study sessionand 3) feedback fromthe February OSBT meeting regarding education strategies. ANALYSIS Fines,Revocationand Reinstatement 1.Fines City Council was supportive of increasing finesfor not having a tag or failure to register in the program from a maximumof $50, $100 to a maximumof $100, $200for firstand second violations, and from a minimumof $200to a minimumof $300for three or moreviolations. Discussions with the OSBT at the January study session also indicatedsupport for increasing the fines for dogsat large or not under voice and sight control (B.R.C 6-1-16) by the same amounts. Additionally, therewas general support for increasing the bond amount for dog-related City Manager Rule violations to $100. Staff is recommending an addition to the package of enhancements. Thisaddition is a significant fine for guardians who are convicted of having a dog off leash while under a revoked program status. Staff supports a minimum fine of $500 and a revocation period for at leasttwo years for this violation. Staff considers such asubstantial fine and minimum revocation periodnecessary to communicate the importance of the Tag Program and increase compliance with revocation and reinstatement requirements. 2.Violations Causing Revocation of Voice and Sight Control Privileges Currently, revocation of Tag Program privileges occurs with threeconvictions in the span of two years for violations of the ordinance prohibiting“Dog Running at Large”on OSMP and on city 3 park lands.Dog Running at Large convictions include both off leash and voice and sight control violations. The OSBT and staffrecommended to council that the ordinance be modified so that voice and 4 sight privileges would be revoked upon tworather than three convictions.Council was 3 City of Boulder Revised Code 1981 (B.R.C.)6-1-16 4 Unless specially ordered by a judge, revocation of voice and sight privileges does not affect the privilege of walking leashed dogs where allowed on OSMP. AGENDA ITEM 6 PAGE 4 supportive of this change.Council also supported the OSBT and staff recommendation that just one conviction of the city code for aggressive dogs ordogs chasing or injuring wildlife or livestock should resultin the revocation of Tag Program privileges. The OSBT and staff recommendation to City Council suggestedthatthere may also beother dog-related offenses that should contribute to the revocation of privileges. At the study session, councilaskedstaff and the OSBT to specify theother dog-related violationsthat could affect revocation. The dog-related offensescurrently not affecting revocation that wereconsidered for contributing to loss of Tag Program privileges are: 1.Violations of seasonal or area-specific, on-leash or no-dog regulations, City Manager’s Rules (B.R.C. 8-3-3); 2.Guardians not displaying a tag on off-leash dogs (B.R.C. 6-13-2); and, 3.Failure to remove excrement (B.R.C. 6-1-18). Staff and the OSBT discussed these violations during the January 2013 study sessionwith #3#2 general OSBT support for including both (failing to remove excrement)and (not displaying a tag on an off-leash dog)as regulations that would result in revocation after two #1 convictions (strikes) within two years. With respect to (dog-related violationsof City Manager’s Rules), the OSBT indicated interest in includingviolations of dog-related rules regardingwildlife protection as causingrevocation after oneconviction. All other dog-related ruleviolations wouldbe subject to loss of privileges after twoconvictions in a two-year period. not occurring on 3.Voice and Sight Control and Dog Off-Leash Violations OSMP Properties The Tag Program is in effect beyond OSMPlands including some areas managed by the Parks and Recreation Department around Boulder Reservoir. The Tag Program also affects dog management in other areas under the city’s jurisdiction. City of Boulder animal control officers repeatedly encounter dogs off leash in areas within the city limits where leash control is required. The officers often hear that guardiansclaim tobelieve or assertthe off-leash privileges associatedwith the Tag Programextendto other areas in the city (see Attachment D). Staffs from OSMP, Parks and Recreation and the Police Department (where the city’s animal control program resides) recommend that off leash or voice and sight control convictions should apply to loss of Tag Program privileges regardless of where in the city’s jurisdictionthe violations occur. This creates a consistent policy for dog controlthroughoutthe city’s jurisdictionand encouragesTag Programparticipants to understand where voice and sight privileges extend (and where they do not). It also provides a consistent approach for guardians and dogs convicted of beingaggressive or endangering wildlife anywhere in the city. 4.Revocation and Reinstatement of Voice and SightControl Privileges Revocation of voice and sight privileges does not mean that a guardian cannot bring a dog to OSMP. Aguardian with revoked privileges may continue tovisit OSMP with his/herdog(s) leashedunless otherwise restricted by court order. AGENDA ITEM 6 PAGE 5 During the January study session, the OSBT and staff discussed the existing reinstatement processand potential changes.There was OSBT interest in considering two alternative reinstatement paths. One would be used when avoice and sight evaluation testwould be appropriate fordeterminingthe ability of a dog and guardian to meetprogramrequirements. The other would be for situations when dog testing was not necessary(e.g., failure to pick up excrement, or failure to possess a leash).Staff considered a range of options for reinstatement and triggers that couldindicate the appropriatereinstatement process. Examples of reinstatement options include: Always require avoice and sight evaluation test for revoked guardians and dogs. Require retaking the information session as well as avoice and sight evaluation test. Require retaking just the information session. Require a specializedreinstatementprocess customized to the nature of the violation(s). Staff also considered different triggersto determine the reinstatement process: Violations of significant concern;violations such as aggressive dog or failure to protect wildlifewhere one convictioncausesrevocation—involvingboth guardian and dog behavior. Violations causing revocation that mainly involveguardian behavior including some single- convictionviolationsand all two-convictionviolations. The options and associated reinstatement triggers were assessedbased on feasibility of implementation and how well the option fitthe nature of the violationscausing revocation.A description of the proposed reinstatement processes and triggers is available in Attachment E. Staff concluded that the best combination of reinstatement options and triggerswere: 1)to use two reinstatement paths,and 2)to determinethe path based upon the significance of the violation as well as guardian and dog involvement in the violation. Guardians wanting to go through the reinstatement process would be responsible for thecost of attending information sessions, evaluation tests and reinstatement fees. Anotherkey issue involving revocation is how rangers and animal control officers can effectively distinguish revoked guardians from those in good standing. Thisis anissue because tags indicatevalid program statusfor both guardian and dog.Additionally, atag can indicate valid program status for several members of a household. Revocation is easily enforced when the household consistsofone guardian and one dog.In these instances, the tag must be forfeitedand the affected guardian and dog must go through reinstatement to regain their privileges.However, households often include multiple guardians and dogs. This complicatesenforcement of lost privilegesbecause of the effect on other household members or other dogs in the household. Unless all tags are forfeited for all dogs in the household,there is no effective way to enforce aguardian’s revoked status. To addressthis enforcement issue, staff considered alternativesbased on how revocation applies to various combinations of the guardian and dogsinvolved in violations and the corresponding impacts to other guardians and dogsin that household.The most feasible and effective approach AGENDA ITEM 6 PAGE 6 to enforce and promote compliance with revocation is to require forfeiture of all tags in a household untilthereinstatement process is successfully completed. During the analysis of these factors, staff becameaware of the relevance of another question. Shouldguardianswho are repeatedly revoked be restricted from continuing to have Tag Program privileges?There was a concern that chronic offenders should not be able to indefinitelyregain privileges. Staff recommends that after two revocations in three years or three revocations over any periodof time, a guardian should no longer be eligible for participation in the Tag Program. Program Cost Estimate and Fees The OSBT and City Council have supporteda cost recovery model for theTag Program and a new three-tiered fee structure based upon the following categories of residency: City of Boulder, Boulder County (outside the City of Boulder), and Outside Boulder County Staff used implementation cost estimates to model how programfees could be structured to achievecost recovery. 1.Cost Estimates for the Tag Program Enhancements Staff Time Implementation of the Tag Program enhancements will occur over a two-year period(2013 - 2014). During 2013,staffwill develop systems to administer the new program features. The first year of operating with the new program enhancementswill be2014. Substantial staff time is required to plan, coordinate, and implement the recommended Tag Program changes. Estimates of OSMP staff time necessary for implementing the program changes over the two- year timeframeare approximately 8.4FTEsor $532,000 of standard andseasonal staff time. This estimate includes approximately 4.4 FTEs ($295,000) to prepare program changesin 2013 and 4.0FTEs ($237,000) for first year administrationof the revised program. Staff will be needed for: Project coordination and management; Planning and development of a new record management system; Outreach and education strategies; Development and staffing of information sessions; Revisions to the voice and sight video; Monitoring data collection and reporting; Verifying rabies or city dog license information; and, Processing new and renewing Tag Program participant information. Implementation will be a high priority for the department. Consequently,existing staff will be assignedto assist with the Tag Program. However, OSMP lacks the existing staff capacityto accomplish all implementation tasks. Of the 8.4FTEs of staff timeneededduring 2013 and 2014, approximately 3.9FTEs($336,000)can be allocated from existing staff, mostly existing standard staff positions.An additionaltwo (2) FTEs ($87,000) of seasonal positions will be AGENDA ITEM 6 PAGE 7 needed in 2013 and 2.5 FTEs ($109,000) will be needed in 2014 for a total of 4.5FTEs ($196,000)of new seasonal positions for implementation. Nonpersonnel Expenses Material and service costs are estimated to be $169,000 and include: New online registration and record management system to track participation and links to the city’s dog license program, Revised voice and sight control video, New information and regulation signs and program brochures, and New tags, postage and mailing supplies. In subsequent years, annual program costs are estimated at approximately $21,000 (materials and supplies) and 1.8FTEs ($110,000) of staff time to manage the program. Ongoing personnel expenses are for both standard staff time dedicated to administer the program andseasonal positionsfor education. The program costestimate does not include staff time for the types of services OSMP provides on an on-going basis for successful implementation of all its programs (e.g., enforcement, general outreach, sign maintenance, and responding to information requests).Table 1 lists the cost estimate for implementing changes to the Tag Program. Additionalprogram cost estimate details are available in Attachment F. Table 1: Enhanced Tag Program Cost Estimate Implementation Ongoing Cost20132014 StandardSeasonalStandardSeasonalStandardSeasonal New Positions $87,000$109,000$44,000 Existing $207,000$128,000$66,000 Positions Total Staff $295,000$237,000$110,000 Time Material & $148,000$21,000$21,000 Services Total Cost $443,000$258,000$131,000 Implementation $701,000 (2013-2014) Ongoing $131,000 Staff will be recommending to City Council that an additional $235,000 be authorized as a supplemental budget appropriation for costs in 2013 associated with implementation of the Tag Program enhancements. The $235,000 supplemental appropriationrequestconsists of $87,000 for new seasonal positions and $148,000 for materials and services. The 2014 budget will include a request for $130,000 including $109,000 for seasonal positions and $21,000 for AGENDA ITEM 6 PAGE 8 material and services. Annual ongoing budget requests are expected to be for a total of $65,000 ($44,000 for one seasonal position;$21,000 materials and services). 2.Recommended Program Fees The Tag Program will require an annual renewal. The Board recommended to council that there should be higher enrollment and renewal costs for those residing outside the City of Boulder. Council members were supportive of this approach. The proposed fees for the Tag Program include a household registration fee. This fee varies by residency and includes one participant and one dog. There will be an additional $5fee for each additional participant and a $10 fee for each additionaldog. For example, a three participant household with twodogswouldhave to pay the household registration fee plus an additional fee of $20 for the two extra participantsand one additional dog. Each participant must also pay the cost of the requiredinformation session. A single annual renewal fee will cover all participants and dogs in a household. Staff modeled twofee structure options using three different estimatesof participation. Under the low participant estimate, there would be 16,000 people participating in the program; medium 25,000 participants; and high would have 32,000. The “high” level represents the cumulative number of Tag Program participantswho have enrolled in the program to date.The “medium” and “low” estimates are basedon different levels of attrition and the assumptions that the new program requirements will decrease the number of participants. The three participation levels were used to estimate the number of potential households; and revenue estimates were then calculated based on the proportion of households in the City of Boulder, Boulder County and 5 outside Boulder County and the proposed fee option.Table 2 lists the revenue estimates for two registration and annual renewal fee options using the participation estimates(low, medium, high). 5 OSMP staff reanalyzed household participation percentages using Tag Program registration information from the start of the program through November of 2012. Household addresses were geocoded using a Geographic Information System to determine residency. Tag Program household residency proportions used in estimates were City of Boulder (41%), Boulder County (32%) and outside Boulder County (27%). AGENDA ITEM 6 PAGE 9 Table 2: Tag Program Revenue Estimates Option 1Option 2 Registration Revenuesand Total Implementation Costs = $701,000 additional person and dog fees(2 years; 2013 and 2014) Registration Fees $5/ $20/ $50$10 / $30 / $75 (City of Boulder/Boulder County/ non- Boulder County) Low$284,000$391,000 Medium$444,000$611,000 High$575,000$791,000 Renewal and New Participant Annual Ongoing Costs = $131,000 Registration Revenues Annual Renewal Fee$5/ $20/ $30$5/ $20/ $30 Low$165,000$172,000 Medium$266,000$279,000 High$351,000$371,000 Years to Cost Recovery Low13.38.6 Medium2.91.6 High1.61 Staff believes Option 2will provide the best opportunity for recovering implementation and ongoing operational costs for the Tag Program. Staff does not believe that participation levels in the Tag Program will equal the high (32,000) estimate. That estimate assumes that all re participants who have ever registered in the Tag Program since its inception will -register. It is more likely that a number between the medium (25,000)and the low (16,000)participation estimatesismore realistic. At the medium level of participation, program implementation costs are likely to be recovered after one year. If participation is lower, costs will take longer to recover. STAFF RECOMMENDATION The Tag Program evaluation concluded that no single enhancement wouldimprove the program so that it could meet its objectives. The evaluation reportrecommendeda combination of enhancements that would: Verify or increase the capability of guardians to reliably exercise voice and sight control skills; Leveragemeaningful sanctions to encourage compliance; and, Ensure dogs on OSMPlands have current rabies vaccinations and support compliance with City of Boulder dog licensing requirements. In addition to these recommended approaches, the OSBT has encouraged the inclusion of education strategies asprogram enhancements. AGENDA ITEM 6 PAGE 10 The following is a summary of key program recommendationsintegrating the many ideasfrom community members, City Council, the OSBT and city staff.Attachment A contains the complete package of recommended program enhancements. Attachment B is acomparison of the OSBT’s recommendation tocouncil with the revised recommendation. 1.Information Session RequireTag Program participants’attendance atan information session ensuring greater awareness of the program requirements, goals and objectives. An information session can also inform guardians about ways to and opportunitiesfor improving off-leash dog control skills. 2.Require proof of rabies vaccinations Require current vaccination as a requirementfora dog’sparticipation in the Tag Programand requiringCity of Boulder residents to provide a valid Boulder dog license as proof of vaccination and compliance with the city’s license requirement. 3.Education and Outreach Strategies The implementation of education and outreach strategies are important to inform and encourage compliance with the program requirements and share information about how guardians can successfully manage dogs under voice and sight control. 4.Consequences for Violations a.Increasedfines for offenses dealing with failureto have a voice and sight tag on an off-leash dog and for dog at large and voice and sight violations. b.Specifying dog-related violations that contribute tothe loss of Tag Program privilegesand reducing the number of convictionsnecessary for revocation. Include serious violationssuch as aggressive dog and failure to protect wildlife as violations contributing to revocation. c.Clarifying the process for reinstatement after privileges have been revoked. 5.Participant Registration and Renewal Fees City Council and the OSBT support a cost recovery model with differential fees for those residingoutside of the City of Boulderand Boulder County. This can be accomplished by a three-tiered fee structure for City of Boulder residents, Boulder County residentsoutside the City of Boulder, and non-Boulder County residents as shown in Table 3. Table 3:Tag Program Fees Recommendation Boulder County City of Boulder Residents Outside FeeResidents Outside ResidentsBoulder County the Cityof Boulder Program Registration$10$30$75 Annual Renewal$0$15$20 Additional Guardian$5 Additional Dog$10 AGENDA ITEM 6 PAGE 11 Submitted by: __________________________ Michael D. Patton, Director __________________________ Mark D. Gershman, Planning Supervisor __________________________ Stephen B. Armstead, Environmental Planner ATTACHMENTS: A: Tag Program Enhancement Recommendations B: OSBT Tag Program Recommendation and Proposed Revisions C:Memorandumfrom City of Boulder Police Department Animal ControlSupervisor D: Recommended Reinstatement Process E: Enhanced Voice and Sight Tag Program Cost Estimate AGENDA ITEM 6 PAGE 12 ATTACHMENT A Tag Program Enhancement Recommendations #Enhancement Recommendation Require all program participants attend an information session. New program participants must attend a session before they can register in the program. During the first calendar year(2014), 1existing participants may remain active in the program and will have until Dec.31 of 2014to complete the information session. The information session must be repeated every five years. Require proof of current rabies vaccination for all dogs to be registered in the program. City of Boulder residents are required to provide a valid City of Boulder dog license as proof of current rabies vaccination. 2 Require that alldogs on OSMP landsdisplay a valid rabies vaccination tag. Implement the following education and outreach strategies: a)Increase outreach and education about training opportunities b)Support stakeholder efforts c)Revise and update the voice and sight video d)Create refresher videos on requirements, etiquette or issues that will be phased in based on time and cost e)Use traditional and social media to provide instructive educational information to participants f)Provide educational walks for dogs and dog guardians on a trial basis g)Improve clarity and information on signs h)Distribute palm cards explaining the Tag Program 3i)Increase outreach and education to visitors without dogs about voice and sight control and what to expect j)Consider under specific conditions and onwell-suited OSMP properties,opportunities for special voice and sight control training events k)Encourage dog guardians to become volunteer Trail Guides and provide additional training for outreach with a dog l)Participate in more dog-related outreach events; consider organizing another “Tag Wag” type event m)Promote information on dog-prohibited trails and add this information on the OSMP Website n)Train all staff on the new regulations for informal educational opportunities AGENDA ITEM 6 PAGE 13 #Enhancement Recommendation Increase fines for Voice and Sight Evidence Tag Required(B.R.C. 6-13-2)and Dog at Large violations (B.R.C. 6-1-16) to $100 (maximum), $200 (maximum), and $300 (minimum) for first, second and third or more convictionsrespectively. Provide mechanism for dismissal of tickets for lawful participants who inadvertently failed to display tag. The bond amount for dog-related City Manager’sRule violations(B.R.C. 8-3-3)will be increased to 4$100. Encourage courts to order such additions to fines as watching the voice and sight video, attending the voice and sight information session, dog training, and/or demonstration testing for egregious or repeat dog-related violations consistent with the nature of the violation. Community service for dog waste violations may be particularly appropriate. one Revocation of program privileges will occur afterconviction of the following violations involving a dog: Aggressive Animal Prohibited (B.R.C. 6-1-20), Failure to Protect Wildlife (or livestock) (B.R.C. 8-3-5), and Violations of City Manager’s Rule (B.R.C. 8-3-3) involving wildlife protection. two Revocation of program privileges will occur afterconvictions in two years by a single guardian or after three convictions in two years by any combination of guardians in a single household. The following violations involving a dog apply: Dog at Large (B.R.C. 6-1-16) Failure to remove excrement (B.R.C. 6-1-18) Guardians not displaying a tag on off-leash dogs (B.R.C. 6-13-2) Violations of City Manager’s Rule (B.R.C. 8-3-3) not involving wildlife protection. 5 Tag Program revocation-related violations on OSMP and other lands under the jurisdiction of the City of Boulder will be consideredforrevocation. Revocation will cause forfeiture of all household tags until the reinstatement process has been successfully completed. Aguardian with two revocations in threeyears or three revocations will permanently lose his/her voice and sight privileges. Require aminimumfine of $500 and a minimum two-year revocation period for a guardian with revoked privileges having a dog off leash. AGENDA ITEM 6 PAGE 14 #Enhancement Recommendation Program privileges may be reinstated after successful completion of a reinstatement process. Reinstatement from revocation due to a conviction of aggressive dog or failure to protect wildlife violations must include successful completion of the voice and sight evaluation test by the revoked guardian and dog and the retaking of the information sessionby the revoked guardian. Reinstatement 6from all other revocations will at least include the retaking of the information session by the revoked guardian; and at the discretion of the courts may require successful completion of the voice and sight evaluation testor other actions. Reinstatement will include payment of fees for the information session, the voice and sight evaluation test (if required) and payment of a reinstatement fee. The program registration and annual renewal fees will include a graduated fee structure for residents of the City of Boulder, residents of Boulder County outside the City of Boulder, and non-county residents. Program registration fees: City of Boulder Residents ($10), Boulder County residents outside the City of Boulder ($30), Non-Boulder County residents ($75), and The registration fee includes one guardian and one dog; the fee for each additional guardian in a household is ($5) and the fee for each additional dog in a household is ($10). 7 Annual household renewal fee: City of Boulder Residents ($5), Boulder County residents outside the City of Boulder ($20), and Non-Boulder County residents ($30). Program participants will be responsible for any fees charged to attendthe information session. Such costs, if any, will be separatefrom program registration and renewal fees. The additional guardian and dog registration fees will be waived forCity of Boulderhouseholds who meet incomecriteria consistent with the City of Boulder Food Tax Rebate Programor the Parks and Recreation Reduced Rate Program. AGENDA ITEM 6 PAGE 15 ATTACHMENT C Memorandumfrom City of Boulder Police Department Animal ControlSupervisor City of Boulder Police Department 180533SB,C80301303.441.3310 TREET OULDER OLORADO RD MEMO TO:OSMP Staff Open Space Board of Trustees FROM:Janee’ Boswell, Animal Control Supervisor; Boulder Police Department Cc: Curtis Johnson, Commander Greg Testa, Deputy Chief DATE:April 4, 2013 REFERENCE: Voice and Sight Control Tag Revocation Provisions ______________________________________________________________________________ Boulder Police Department, Animal Control Unit is responsible for the enforcement of all animal-related ordinances within the City of Boulder. That includes all land within incorporated city limits; public and private property, the Boulder Reservoir, Coot Lake, as well as the 62city parks. Animal Control Officers are also charged with the responsibility to manage designated voice and sight control areas that fall within incorporated Boulder such as Howard Heuston Park and the Reservoir. That being said, the Animal Control unit has the opportunity to see the effects of the Voice & Sight Control Tag Program throughout the entirety of Boulder. Officers contend with violations ranging from aggressive animals, dogs harassing wildlife, to the frequent leash-law violation. On a daily basis,Animal Control Officers encounter dogs off leash in areas within the city limits where leash control is required. In an estimated 90% of the contacts that officers make for these off-leash violations,guardians or keepers believe their off-leash privileges associated with the Tag Program extend to all areas within the city. The effects and impacts of the tag program are not isolated to OSMP property, as such;the considerations for implementation and revocation should be addressed as a citywide issue. Boulder has clear values and principles for the protection of wildlife and personal safety of the community. It is essential that the city maintain a consistent message that these values are imparted on allproperty, not just OSMP areas. The Police Department recommends that off leash or voice and sight control convictions should apply to loss of Tag Program privileges regardless of the location withinthe city’s jurisdiction where the violations occur. This creates a consistent policy for dog control throughout the city’s jurisdiction and encourages Tag Program participants to understand where voice and sight privileges extend (and where they do not). It also provides a consistent approach for guardians and dogs convicted of being aggressive or endangering wildlife anywhere in the city. AGENDA ITEM 6 PAGE 21 ATTACHMENT D RecommendedReinstatement Process Reinstatement ProcessOptions 1)Require retaking the information session as well as a voice and sight evaluation test 2)Require retaking just theinformation session Reinstatement ProcessTriggers Process TriggerReinstatement Process Violations where one conviction causesloss Person and dog(s) must go through evaluation of privileges including:test and guardian must attend the information session Aggressive dog(B.R.C. 6-1-20) Failure to protect wildlife/livestock (B.R.C 8-3-5) Violations where one conviction causesloss Guardian must attend the information session of privileges: Requiring the evaluation test may be an option City Manager’s Rule violations at the discretion of the courts. involving wildlife protection (B.R.C. 8- 3-3) Violations where two convictions cause loss Guardian must attend the information session of privileges Requiring the evaluation test may be an option at the discretion of the courts. Key Considerations Human and dog behaviorrelated one strike violations require evaluation test (dog and guardian). Wildlife protection 8-3-3s and two strike violations require guardiantoretakethe information session. All tags assigned to a household are forfeited with revocation and returned with completion of reinstatement. At the judge’s discretion, an evaluation test or other actionsmay be required. Only need to track dog and tag information associated with aggressivedog or failure to protect wildlife/livestockviolations. AGENDA ITEM 6 PAGE 22