PS ITEM 1
July 17, 2017
Worksession
MEMORANDUM
July 13, 2017
TO:
FROM:
SUBJECT:
Public Safety Committee
Amanda Mihill, Legislative Attorney
~~Ji.tl
Worksession:
Bill 21-17, Animal Control - Municipal Dog Exercise Area
Bill 21-17, Animal Control - Municipal Dog Exercise Area, sponsored by Lead Sponsor
Councilmember Katz and Co-Sponsors Council President Berliner and Councilmembers Rice and
Eirich, was introduced on June 20, 2017. A public hearing was held on July 11 at which a
representative of Chevy Chase village supported the bill. Council staff is unaware of any other
correspondence on Bill 21-17
Bill 21-17 would allow a dog to be off leash if it is in an area that a municipality has identified as
a dog exercise area and amend the definition of at-large animals. Without this change in County
law, municipalities would continue to be prohibited from establishing dog exercise areas.
Therefore,
Council staff recommends
enactment ofBill 21-17.
This packet contains:
Bill 21-17
Legislative Request Report
Fiscal and Economic Impact statement
Circle#
1
3
4
F:\LA W\BILLS\1721 Animal Control\PS Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
----=2::...c1'--1-'--'-7_ _ _ _ _ __
Concerning: Animal Control - Municipal
Dog Exercise Area
Revised:
6/14/2017
Draft No.
1
Introduced:
June
20 2017
Expires:
December
20, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-"N=on-=-=e'---------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Katz
Co-Sponsors: Council President Berliner and Councilmembers Rice and Elrich
AN ACT
to:
( 1)
(2)
(3)
allow a dog to be off leash if it is in an area that a municipality has identified as a dog
exercise area;
amend the definition of at-large animals; and
generally amend the County's animal control law.
By amending
Montgomery County Code
Chapter 5, Animal Control
Section 5-101
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 21-17
1
2
Sec. 1. Section 5-101 is amended as follows:
5-101. Definitions.
3
4
In this Chapter, the following words and phrases have the following meanings:
* * *
At large:
A dog, except a service animal, is at large if it is outside the owner's
5
6
premises and not leashed, unless it is
in
a dog exercise area designated by either
the Maryland-National Capital Park and Planning Commission, or
~
7
8
9
10
municipality, or is participating in a qualified activity. Any other animal is at
large if it is outside the owner's premises and is not leashed or immediately
responsive to verbal or non-verbal direction. For purposes of this Chapter or
any other animal control law, the common area of a homeowners' association,
condominium, or cooperative is not the owner's premises.
11
12
13
* * *
Approved:
14
15
16
17
18
19
Roger Berliner, President, County Council
Approved:
Date
20
21
22
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
23
24
25
Linda M. Lauer, Clerk of the Council
Date
26
F:\LAW\BILLS\1721 Animal Control\Bill l.Docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 21-17
Animal Control
-
Municipal Dog Exercise Area
DESCRIPTION:
Bill 16-17 would allow a dog to be off leash if it is in an area that a
municipality has identified as a dog exercise area.
Under current law, a dog is considered "at large" if it is outside the
owners premises and not leashed, unless it is in a dog exercise area
designated by M-NCPPC. Municipalities may want to designate dog
exercise areas within their jurisdictions.
To allow a municipality to designate a dog exercise area.
Animal Control Division in the Department of Police.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
Applies in municipalities
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Enforcement procedures are specified in Article III of Chapter 5.
F:\LAW\BILLS\1721 Animal Control\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
ROCKVILLE. MARYLAND
MEMORANDUM
July 10,2017
TO:
FROM:
Roger Berliner, President, County Council
1
\v{J-.-
rfot
SUBJECT:
Jennifer~ct~es, Director, Office of Management and Budget
Alexan4!".9'A. Espinosa, Director, Department of Finance
~
Please find attached the fiscal and economic impact statements for the above-
referenced legislations.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy
Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt, Department of Finance
Dennis Hetman, Department of Finance
Richard Harris, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact Statement
Bill
21-17 -
Animal Control-Municipal Dog Exercise Area
I.
Legislative Summary
The proposed legislation would amend County law to allow a dog to be off-leash in a zone
identified by a municipality as a dog exercise area. Current law allows only the Maryland-
National Capital Park and Planning Commission (M-NCPPC) to designate an area a dog
exercise area.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
Bill 21-17 is not estimated to change County revenues or expenditures.
The fine for an off-leash "at large" dog (off the owner's premises, not a service dog, and not
in a M-NCPPC designated dog exercise area) is $100 for the first violation and $500 for each
subsequent violation.
However, Police advise that this citation is rarely issued and that few if any fines were issued
at the area expected to first be designated a dog exercise area in Chevy Chase. As a result,
this bill is unlikely to have an impact on County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The proposed bill does not have an impact on revenues or expenditures.
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable. Bill 21-17 does not have an impact on pension or insurance costs.
5.
An
estimate of expenditures related to County's information technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
Not applicable.
6. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
Not applicable. Bill 21-17 does not authorize future spending.
7.
An
estimate of the staff time needed to implement the bill.
No staff time is needed to implement Bill 2 I - I 7.
®
 PDF to HTML - Convert PDF files to HTML files
8. An explanation of how the addition of new staff responsibilities would affect other duties.
Not applicable.
9. An estimate of costs when an additional appropriation is needed.
No appropriation is needed to implement this legislation.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
12. If a bill is likely to have no fiscal impact, why that is the case.
Bill 21-17 gives municipalities the authority to designate space as dog exercise areas, which
does not have a fiscal impact on the County.
13. Other fiscal impacts or comments.
None.
14. The following contributed to and concurred with this analysis:
Karla Thomas, Montgomery County Police Department
Richard Harris, Office of Management and Budget.
Jenni{en
AHughc,i_rii
ctor
Office:.} Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Economic Impact Statement
Bill
21-17,
Animal Control- Municipal Dog Exercise Area
Background:
This legislation would allow a dog to be off leash if
it
is in an area that a municipality has
identified as a dog exercise area. Bill 21-17 also amends the definition of an at-large
animal. The proposed definition defines ·'a dog, except a service animal, is at large if it
is
outside the owner's premises and not leashed, unless it is in a dog exercise area
designated by either the Maryland-National Capital Park and Planning Commission. or a
mm1icipality, or is participating in a qualified activity."
1. The sources of information, assumptions, and methodologies used.
There are no sources of information, assumptions. or methodologies used in the
preparation of the economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
Not applicable.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill 21-17 would have no economic impact on employment, spending, savings,
investment, incomes, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Bill 21-17 would have no economic impact because it does not have
an
impact
on
employment, spending, savings, investment, incomes property values.
5. The following contributed to or concurred with this analysis:
David Platt, Dennis
Hetman. and Mike Coveyou, Finance.
Alexandre
A.
Espindsa, Director
Department of Finance
Date
Page
1
of l
(j)
 PDF to HTML - Convert PDF files to HTML files
PS ITEM 1
July 17, 2017
Worksession
MEMORANDUM
July 13, 2017
TO:
FROM:
SUBJECT:
Public Safety Committee
Amanda Mihill, Legislative Attorney
~~Ji.tl
Worksession:
Bill 21-17, Animal Control - Municipal Dog Exercise Area
Bill 21-17, Animal Control - Municipal Dog Exercise Area, sponsored by Lead Sponsor
Councilmember Katz and Co-Sponsors Council President Berliner and Councilmembers Rice and
Eirich, was introduced on June 20, 2017. A public hearing was held on July 11 at which a
representative of Chevy Chase village supported the bill. Council staff is unaware of any other
correspondence on Bill 21-17
Bill 21-17 would allow a dog to be off leash if it is in an area that a municipality has identified as
a dog exercise area and amend the definition of at-large animals. Without this change in County
law, municipalities would continue to be prohibited from establishing dog exercise areas.
Therefore,
Council staff recommends
enactment ofBill 21-17.
This packet contains:
Bill 21-17
Legislative Request Report
Fiscal and Economic Impact statement
Circle#
1
3
4
F:\LA W\BILLS\1721 Animal Control\PS Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
----=2::...c1'--1-'--'-7_ _ _ _ _ __
Concerning: Animal Control - Municipal
Dog Exercise Area
Revised:
6/14/2017
Draft No.
1
Introduced:
June
20 2017
Expires:
December
20, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-"N=on-=-=e'---------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Katz
Co-Sponsors: Council President Berliner and Councilmembers Rice and Elrich
AN ACT
to:
( 1)
(2)
(3)
allow a dog to be off leash if it is in an area that a municipality has identified as a dog
exercise area;
amend the definition of at-large animals; and
generally amend the County's animal control law.
By amending
Montgomery County Code
Chapter 5, Animal Control
Section 5-101
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 21-17
1
2
Sec. 1. Section 5-101 is amended as follows:
5-101. Definitions.
3
4
In this Chapter, the following words and phrases have the following meanings:
* * *
At large:
A dog, except a service animal, is at large if it is outside the owner's
5
6
premises and not leashed, unless it is
in
a dog exercise area designated by either
the Maryland-National Capital Park and Planning Commission, or
~
7
8
9
10
municipality, or is participating in a qualified activity. Any other animal is at
large if it is outside the owner's premises and is not leashed or immediately
responsive to verbal or non-verbal direction. For purposes of this Chapter or
any other animal control law, the common area of a homeowners' association,
condominium, or cooperative is not the owner's premises.
11
12
13
* * *
Approved:
14
15
16
17
18
19
Roger Berliner, President, County Council
Approved:
Date
20
21
22
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
23
24
25
Linda M. Lauer, Clerk of the Council
Date
26
F:\LAW\BILLS\1721 Animal Control\Bill l.Docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 21-17
Animal Control
-
Municipal Dog Exercise Area
DESCRIPTION:
Bill 16-17 would allow a dog to be off leash if it is in an area that a
municipality has identified as a dog exercise area.
Under current law, a dog is considered "at large" if it is outside the
owners premises and not leashed, unless it is in a dog exercise area
designated by M-NCPPC. Municipalities may want to designate dog
exercise areas within their jurisdictions.
To allow a municipality to designate a dog exercise area.
Animal Control Division in the Department of Police.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
Applies in municipalities
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Enforcement procedures are specified in Article III of Chapter 5.
F:\LAW\BILLS\1721 Animal Control\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
ROCKVILLE. MARYLAND
MEMORANDUM
July 10,2017
TO:
FROM:
Roger Berliner, President, County Council
1
\v{J-.-
rfot
SUBJECT:
Jennifer~ct~es, Director, Office of Management and Budget
Alexan4!".9'A. Espinosa, Director, Department of Finance
~
Please find attached the fiscal and economic impact statements for the above-
referenced legislations.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy
Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt, Department of Finance
Dennis Hetman, Department of Finance
Richard Harris, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact Statement
Bill
21-17 -
Animal Control-Municipal Dog Exercise Area
I.
Legislative Summary
The proposed legislation would amend County law to allow a dog to be off-leash in a zone
identified by a municipality as a dog exercise area. Current law allows only the Maryland-
National Capital Park and Planning Commission (M-NCPPC) to designate an area a dog
exercise area.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
Bill 21-17 is not estimated to change County revenues or expenditures.
The fine for an off-leash "at large" dog (off the owner's premises, not a service dog, and not
in a M-NCPPC designated dog exercise area) is $100 for the first violation and $500 for each
subsequent violation.
However, Police advise that this citation is rarely issued and that few if any fines were issued
at the area expected to first be designated a dog exercise area in Chevy Chase. As a result,
this bill is unlikely to have an impact on County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The proposed bill does not have an impact on revenues or expenditures.
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable. Bill 21-17 does not have an impact on pension or insurance costs.
5.
An
estimate of expenditures related to County's information technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
Not applicable.
6. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
Not applicable. Bill 21-17 does not authorize future spending.
7.
An
estimate of the staff time needed to implement the bill.
No staff time is needed to implement Bill 2 I - I 7.
®
 PDF to HTML - Convert PDF files to HTML files
8. An explanation of how the addition of new staff responsibilities would affect other duties.
Not applicable.
9. An estimate of costs when an additional appropriation is needed.
No appropriation is needed to implement this legislation.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
12. If a bill is likely to have no fiscal impact, why that is the case.
Bill 21-17 gives municipalities the authority to designate space as dog exercise areas, which
does not have a fiscal impact on the County.
13. Other fiscal impacts or comments.
None.
14. The following contributed to and concurred with this analysis:
Karla Thomas, Montgomery County Police Department
Richard Harris, Office of Management and Budget.
Jenni{en
AHughc,i_rii
ctor
Office:.} Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Economic Impact Statement
Bill
21-17,
Animal Control- Municipal Dog Exercise Area
Background:
This legislation would allow a dog to be off leash if
it
is in an area that a municipality has
identified as a dog exercise area. Bill 21-17 also amends the definition of an at-large
animal. The proposed definition defines ·'a dog, except a service animal, is at large if it
is
outside the owner's premises and not leashed, unless it is in a dog exercise area
designated by either the Maryland-National Capital Park and Planning Commission. or a
mm1icipality, or is participating in a qualified activity."
1. The sources of information, assumptions, and methodologies used.
There are no sources of information, assumptions. or methodologies used in the
preparation of the economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
Not applicable.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill 21-17 would have no economic impact on employment, spending, savings,
investment, incomes, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Bill 21-17 would have no economic impact because it does not have
an
impact
on
employment, spending, savings, investment, incomes property values.
5. The following contributed to or concurred with this analysis:
David Platt, Dennis
Hetman. and Mike Coveyou, Finance.
Alexandre
A.
Espindsa, Director
Department of Finance
Date
Page
1
of l
(j)