REGIONAL DISTRICT CENTRAL OKANAGAN DOG CONTROL SERVICE REVIEW
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REGIONAL DISTRICT CENTRAL OKANAGAN DOG CONTROL SERVICE REVIEW REPORT This Report has been prepared by Neilson-‐Welch Consulting Inc. (NWCI) for the Regional District Central Okanagan (RDCO). The Report is presented for discussion with, and for the sole use of, the RDCO Board and staff. No representations of any kind are made by NWCI to any party with whom NWCI does not have a contract. Neilson-‐Welch Consulting Inc. 1-‐600 Sherwood Road Kelowna, BC, V1W 5K1 October 2012
TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................... iii INTRODUCTION .................................................................................................... 1 Focus of Review .................................................................................................. 1 Report ................................................................................................................. 2 Additional Points ................................................................................................ 3 1. EXISTING DOG CONTROL SERVICE .................................................................. 4 Statutory & Bylaw Authority ........................................................................ 4 Service Mandate & Scope ............................................................................ 4 Service Participants & Area .......................................................................... 6 Service Governance ...................................................................................... 6 Service Delivery ............................................................................................ 7 Service Costs & Revenues .......................................................................... 10 Additional Points ........................................................................................ 12 2. ASSESSMENT OF SERVICE ............................................................................ 13 Changing Importance of Service ................................................................ 14 Narrow Focus on Public Safety ................................................................... 16 Emphasis on Enforcement .......................................................................... 17 Dog Licensing .............................................................................................. 18 Education ................................................................................................... 19 Cost Recovery ............................................................................................. 20 Enforcement Expectations ......................................................................... 22 Approach to Ticketing ................................................................................ 23 Community & Stakeholder Relations ......................................................... 25 Staffing ....................................................................................................... 26 Dog Advisory Committee ........................................................................... 29 Dog Aggression ........................................................................................... 30 Dog Euthanasia ........................................................................................... 37 DOG CONTROL SERVICE REVIEW 3. FOUNDATIONS OF A NEW SERVICE MODEL ................................................. 41 REPORT Vision for Dog Control ................................................................................ 41 Responsible Dog Ownership ...................................................................... 42 Outcomes Desired ...................................................................................... 43 OCTOBER 2012 PAGE i
4. KEY ELEMENTS OF A NEW SERVICE MODEL ................................................. 45 Dog Licensing .............................................................................................. 45 Education ................................................................................................... 50 Bylaw Enforcement .................................................................................... 51 Community & Stakeholder Engagement .................................................... 53 Dog Aggression ........................................................................................... 56 In-‐House Delivery ....................................................................................... 59 Fees & Fines ............................................................................................... 62 5. RECOMMENDATIONS .................................................................................. 64 Vision & Mandate ....................................................................................... 64 Dog Licensing .............................................................................................. 64 Education ................................................................................................... 65 Bylaw Enforcement .................................................................................... 65 Community & Stakeholder Engagement .................................................... 66 Dog Aggression ........................................................................................... 67 In-‐House Delivery ....................................................................................... 67 Fees & Fines ............................................................................................... 67 Other .......................................................................................................... 68 Comment on Implementation .................................................................... 68 DOG CONTROL SERVICE REVIEW REPORT OCTOBER 2012 Page ii
EXECUTIVE SUMMARY In 2011, the Regional District of Central Okanagan (RDCO) decided to commission an independent, comprehensive review of the region's Dog Control Service. The review was initiated as part of a broader, multi-‐year process that began in 2009 to assess all major region-‐wide services provided by RDCO. Specific concerns with the level of taxpayer funding for the service, and with the number of incidents involving dangerous dogs, provided additional impetus for the exercise. Neilson-‐Welch Consulting Inc., a local government consultancy based in Kelowna, was selected to undertake the review. Work began on the assignment in April 2012. This report presents the results of the service review. The report begins by profiling the existing service, then identifies and examines a set of key issues and concerns with the service. Chapter 3 of the report puts forward the case for a redesigned Dog Control Service built on the foundation of responsible dog ownership. A vision for the new service is presented, and a set of desired outcomes to achieve is outlined. Some of the key elements of the new service are identified in Chapter 4. Finally, recommendations for the RDCO to consider are presented. EXISTING DOG CONTROL SERVICE RDCO's existing Dog Control Service exists to "increase the safety and protection of the public from the negative impacts caused by dogs." The service's scope of activities includes: ·∙ enforcement of RDCO's Dog Regulation and Impounding Bylaw ·∙ dispatch of Dog Control Officers ·∙ sale and tracking of dog licenses ·∙ operation of the Regional Pound Facility ·∙ destruction of impounded dogs that are unable to be adopted, or whose destruction has been ordered by the Provincial Court ·∙ destruction of dogs that are deemed by their owners to be dangerous, and that are surrendered by their owners to the Regional District ·∙ (minimal) delivery of public safety education ·∙ prosecution of bylaw offenses and dangerous dog files under the Community Charter DOG CONTROL SERVICE REVIEW Population control services are provided in the region primarily by the SPCA. The SPCA also provides a dog adoption function for the Regional District. REPORT All member municipalities and electoral areas participate in the service. Westbank First Nation receives dog control support on a fee-‐for-‐service basis. RDCO's Board of Directors is the primary governing body and ultimate decision-‐making authority for the service. The Board is assisted in governance by the Dog Control Advisory Committee. The service is delivered in-‐house using Regional District staff and OCTOBER 2012 PAGE iii
resources. Staffing consists of a Chief Bylaw Officer, two full-‐time Pound Keepers and five full-‐time Dog Control Officers. The service receives about one-‐third of its revenue from the sale of dog licenses, impound fees and bylaw violation penalties. The remaining two-‐thirds are provided in the form of taxpayer contributions. The tax portion of the service is allocated across participating jurisdictions on the basis of converted assessment. ASSESSMENT OF SERVICE The consultant identified a number of issues with RDCO's current service based on interviews with Board Directors, comparative research of animal control services in other jurisdictions, and the review of various reports on different aspects of dog control. The examination of these issues points to an existing service that: ·∙ is in need of more active leadership than in past years from elected officials and senior management in providing clear vision, policy direction and operational support ·∙ requires a more nuanced, multi-‐faceted mandate that recognizes a variety of goals alongside of public safety ·∙ needs to balance an emphasis on enforcement with greater attention to "front-‐end" activities ·∙ requires a strong focus on efforts that aim to increase the number of dog licenses sold each year ·∙ needs to recognize the value of education in promoting responsible dog ownership and preventing injury from dog aggression ·∙ has the potential to improve its level of cost recovery ·∙ is challenged by unrealistic participant expectations related to the level and potential efficacy of enforcement of dog access in public spaces ·∙ needs to embrace, wherever possible, the Bylaw Notice approach to ticketing ·∙ must develop stronger relations with the dog owner community and key stakeholders groups ·∙ needs to be delivered by staff who share a common philosophy regarding dog control DOG CONTROL ·∙ needs to build on existing efforts aimed at handling dog aggression incidents SERVICE REVIEW ·∙ must make full use of all resources — including the SPCA — to mitigate the need for euthanasia, but must also not refrain from euthanasia where it is REPORT warranted FOUNDATIONS OF NEW SERVICE MODEL A suggested new service model is centred on the concept of responsible dog ownership, and features key best practices from similar models in jurisdictions that OCTOBER 2012 Page iv
are recognized as leaders in the field. The vision for the new service speaks to the following points: ·∙ Dogs are valued in the Central Okanagan for their intrinsic value, and for their potential to enrich the lives of their owners, families, and the broader community. The Dog Control Service works to promote dog ownership and the benefits that dogs offer. ·∙ Dog owners have important rights in the community, including the right to enjoy the use of public spaces with their pets, and to participate in discussions aimed at promoting healthy human-‐dog interactions. The Dog Control Service works with dog owners to help them understand and exercise their rights. ·∙ Dog owners have key responsibilities to the community. Owners are responsible, in particular, for ensuring that enjoyment of their pets does not create difficulties for others in the community, or place others at risk of harm. The Dog Control Service works with dog owners to help them understand their responsibilities. The service works as well to hold owners accountable for fulfilling their responsibilities. The concept of responsible dog ownership is central to the new service — along with the vision it forms the foundation of the new service. Responsible dog ownership recognizes that the potential for dogs to play a positive role in the community is dependent, almost entirely, on the attitudes and actions of dog owners. The concept recognizes that local government on its own cannot effectively manage human-‐dog interactions. Dog owners must be active partners in working to prevent problems from occurring, and in holding other owners accountable for good dog behaviour. The concept recognizes, finally, that when owners care properly for their dogs, train their dogs, and develop a good understanding of their rights and responsibilities, the number and severity of dog-‐related problems and the need for enforcement decrease. Based on the experiences of other jurisdictions it is possible to identify outcomes to expect in a dog control service that is designed around responsible dog ownership: DOG CONTROL ·∙ a significant increase in compliance with licensing requirements (i.e., more SERVICE REVIEW licenses sold) ·∙ a significant increase in the level of service cost-‐recovery (and a related REPORT decrease in the level of taxpayer contribution required) ·∙ a decrease in the number of dog-‐related complaints ·∙ a decrease in the number of bylaw violations, and a related decrease in the number of tickets issued ·∙ a decrease in the number of dog aggression incidents ·∙ a significant improvement in the level of support for, and confidence in, the Regional District's dog control service, as expressed by the dog community OCTOBER 2012 Page v
and dog stakeholder groups through surveys and day-‐to-‐day contact ·∙ an increase in the number of dogs adopted ·∙ a decrease in the number of dogs impounded and dogs destroyed Achieving these outcomes will require the Regional District to introduce a variety of opportunities, incentives and disincentives. KEY ELEMENTS OF A NEW MODEL Opportunities, incentives, disincentives and other changes for the Regional District to consider in its effort to shift the Dog Control Service from its current, enforcement-‐based model to a new model focused on responsible dog ownership are organized and explored under the following headings: ·∙ dog licensing ·∙ education ·∙ bylaw enforcement ·∙ community and stakeholder engagement ·∙ dog aggression ·∙ in-‐house service delivery ·∙ fees and fines RECOMMENDATIONS The information and suggestions presented in the report point to some specific recommendations for the Board to consider. Vision & ·∙ It is recommended the Board embrace and promote a vision Mandate that promotes dog ownership in the community, supports dog owners in their efforts to enjoy their pets, and holds dog owners accountable for the behaviour of their dogs. ·∙ It is recommended that the Board embrace the concept of responsible dog ownership as the foundation for the DOG CONTROL redesigned Dog Control Service. SERVICE REVIEW REPORT Dog Licensing ·∙ It is recommended that the Board embrace an approach to dog licensing that features: – new, additional information materials to apprise all dog owners of the requirement for, purpose and benefits of purchasing a dog license OCTOBER 2012 Page vi
– the ability for dog owners to purchase all new and renewal licenses online – based on the success of online sales, review the need to sell licenses through third party agents – develop a licensing incentives and rewards program similar to the City of Calgary's "I Heart My Pet" initiative – introduce two new categories of dog license, including a Responsible Dog Owner License (reduced rate), and an Aggressive Dog License (double rate) – adopt a policy of zero tolerance and a significant fine for failure to have a license – charge a significant fee at the Regional Pound for reuniting an unlicensed dog to its owner Education ·∙ It is recommended that the Board direct staff to develop a strategic and robust education program that: – targets dog owners with information and instruction on how to be a responsible dog owner – targets elementary school children in grades 3, 4 and 5 with information and instruction on dog safety – produces a variety of user-‐friendly information materials on responsible dog ownership, the new Dog Control Service, dog care, dog safety and other topics for hand-‐out at presentations, information kiosks and in parks throughout the service area – makes extensive use of volunteers to develop and DOG CONTROL deliver the program SERVICE REVIEW Bylaw ·∙ It is recommended that the Board invite municipal partners REPORT Enforcement to work with the Board in giving municipal bylaw enforcement officers the authority to enforce Regional District dog regulations in municipal parks. ·∙ It is recommended that the Board adopt an enforcement policy that features: OCTOBER 2012 Page vii
– very low tolerance for violations of dog regulations other than those relating to dog aggression and failure to have a license – zero tolerance for all dog aggression violations and for failure to have a license ·∙ It is recommended that the Board direct staff to communicate changes to penalties, fines and enforcement policy clearly and far in advance of implementation. ·∙ It is recommended that the Board join the Southern Interior Bylaw Notice Program and instruct staff to begin using Bylaw Notices for all violations except those relating to dog aggression. Engagement ·∙ It is recommended that the Board direct staff to establish a Dog Service Resource Group as a sounding board and source of advice for staff. – The membership of the Resource Group should be similar to that of the existing Dog Advisory Committee, with representation from responsible dog owners and stakeholder groups who embrace the Board's vision for the service, as well as the concept of responsible dog ownership. – The Resource Group should not include elected officials. – The Group should meet bi-‐monthly, or more frequently as required by staff. ·∙ It is recommended that the Board eliminate the existing (select) Dog Advisory Committee. ·∙ It is recommended that the Board host annual public open DOG CONTROL houses on the service, and additional open houses to help SERVICE REVIEW the public learn about the proposed changes to the existing REPORT service model. ·∙ It is recommended that the Board direct staff to develop a volunteer program and recruit volunteers to: – assist with the care of impounded dogs (where safe) – assist with development and delivery of educational programs OCTOBER 2012 Page viii
– work as Dog Service Ambassadors to engage and help educate dog owners in public parks ·∙ It is recommended that the Board direct staff to hold annual meetings with dog service providers to understand their concerns, and to support them in their role as de facto ambassadors. ·∙ It is recommended that the Board direct staff to conduct annual satisfaction surveys of responsible dog owners throughout the service area. Dog ·∙ It is recommended that the Board retain two tiers of dog Aggression aggression (i.e., "aggressive dogs" and "dangerous dogs"), but that that the Board direct staff to reserve the higher, "dangerous dog" tier for dogs that, in the Regional District's view, should be seized under section 49 of the Community Charter. ·∙ It is recommended that the Board adopt a "three strikes" policy to deal with repeat offender aggressive dogs. ·∙ It is recommended that the Board direct staff to deal with long stay dogs in the Regional Pound by: – continuing existing efforts to make the facility comfortable for long stay dogs – continuing to pursue Consent Orders, wherever possible, as an alternative to trials in the Provincial Court ·∙ It is recommended that the Board lobby the provincial government to amend the Local Government Act so that regional districts, in addition to municipalities, have the authority to use the cost recovery mechanism in section 48 of the Community Charter. DOG CONTROL SERVICE REVIEW ·∙ It is recommended that the Board direct staff to explore the potential to include in Consent Orders a condition related to REPORT the payment of a portion of the Regional District's legal costs and staff time. ·∙ It is recommended that the Board direct staff to work with legal counsel in determining whether existing or future RDCO prosecutions may be deemed as test cases for the purpose of obtaining in-‐kind or financial assistance from OCTOBER 2012 Page ix
Crown Counsel. In-‐House ·∙ It is recommended that the Board deliver the redesigned Delivery Dog Control Service in house, using Regional District staff and resources. Fees & Fines ·∙ It is recommended that the Board, as a general guide, keep fees and fines imposed on responsible dog owners at a minimum in order to encourage and reward responsible dog ownership. ·∙ It is recommended that the Board, as a general guide, impose high fees and fines on owners of aggressive dogs and dangerous dogs in order to discourage dog aggression and irresponsible dog ownership. Other ·∙ It is recommended that the Board make available the (modest) necessary funds to make the telecommunications improvements required to enable Dog Control Officers to maintain contact with others throughout the entire service area. ·∙ It is recommended that the Board direct staff to no longer respond to RCMP calls for assistance with "drug busts". ·∙ It is recommended that the Board direct staff to develop, as a priority, formal practices and procedures, including ones to guide staff in dealing with dog aggression incidents. ·∙ It is recommended that the Board continue to contract the SPCA to perform dog adoptions for the Dog Control Service. ·∙ It is recommended that the Board continue to support, through the memorandum of understanding, the SPCA's efforts related to the control the local dog and cat DOG CONTROL population, the provision of education on the care of SERVICE REVIEW animals, the investigation of animal cruelty, and other activities. REPORT The recommendations to the Board fit together as a package. Their potential to be effective in changing the service will be increased if they are implemented, ultimately, as one package. Implementation of the full package of recommendations will take time and will require the sustained commitment of the Board and staff. OCTOBER 2012 Page x
The Regional District will need to develop a detailed implementation plan that places the various changes in an appropriate sequence. Finally, the Board must be patient in its desire to achieve desired service outcomes, including an increase in cost recovery. The experiences of places like Calgary suggest that progress toward the outcomes will occur. Progress, however, will take time. DOG CONTROL SERVICE REVIEW REPORT OCTOBER 2012 Page xi
INTRODUCTION The Regional District of Central Okanagan (RDCO) provides a Dog Control Service for the entire region, including the municipalities of Kelowna, West Kelowna, Lake Country and Peachland, as well as Okanagan East and Okanagan West Electoral Areas. In late 2011, the Regional Board instructed staff to commission an independent review of the service. The review was initiated as part of a broader, multi-‐year process that began in 2009 to assess all major region-‐wide services provided by RDCO. Specific concerns with the level of taxpayer funding for the service, and with the number of incidents involving dangerous dogs, provided additional impetus for the exercise. Neilson-‐Welch Consulting Inc., a local government consultancy based in Kelowna, was selected to undertake the review. Work began on the assignment in April 2012. FOCUS OF REVIEW The terms of reference for the review called for a comprehensive assessment of the existing Dog Control Service, including the: ·∙ potential for contracting-‐out the service or parts of it ·∙ situation regarding dangerous dogs in the Central Okanagan, and the measures in place through the service to deal with dangerous dog issues ·∙ regulations in the Dog Regulation & Impounding Bylaw ·∙ volume, types and handling of complaints about dogs ·∙ impoundment of dogs ·∙ sale of dog licenses ·∙ costs and revenues of the service, and the service's reliance on significant taxpayer contributions ·∙ level and use of staffing resources ·∙ model of governance for the service, and in particular the role of the Dog Control Advisory Committee ·∙ role of partner agencies — namely the Kelowna Branch of the Society for the Prevention of Cruelty to Animals (SPCA) — in the service The consultant examined each of these elements as well as a number of others not DOG CONTROL identified explicitly in the terms. Over the course of the assessment, however, the SERVICE REVIEW consultant was guided by the reality that certain elements are considered more important than others to the Board and service stakeholders. The most important REPORT elements are: ·∙ the service's relatively low rate of cost recovery ·∙ the number and handling of dog aggression incidents ·∙ the low level of community confidence in the service OCTOBER 2012 PAGE 1
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