The City Council voted to adopt ordinance 26-37 to align the city's animal-control code with state changes enacted earlier this year known as "Avery's Law." Chief Moore told council the ordinance updates definitions (nuisance, dangerous, vicious), clarifies impoundment and hearing timelines and aligns local penalties and enforcement procedures with state code.
"The overarching theme of this ordinance is to align our local code with changes that went into effect in state law in March of this year, commonly known as Avery's Law," Chief Moore said during the staff presentation. He explained the ordinance sets consistent standards for designating a problem dog and gives law enforcement and the dog warden clearer authority to impound animals in some circumstances and requires a court hearing within 10 days.
Council members asked whether felony-level charges created by the language would be prosecuted locally or by the county prosecutor. Legal staff said felony prosecution would be referred to the Delaware County Prosecutor’s Office in cases that met state felony thresholds. After public hearing, council voted to suspend the three-reading rule and then approved ordinance 26-37 by roll call; recorded votes show one 'No' and the motion carried.