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Animal Control Amendment Act of 2001
Bill 14-215

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Councilmember Adrian Fenty

A BILL IN 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. 

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