2003-R-20
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RESOLUTION NO. 2003-R-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; APPROVING THE ANIMAL
CONTROL BOARD BY-LAWS; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
1. Upon review and in an effort of consistency, it has been determined that the By-Laws
for various Boards and/or Committees should be modified to create a uniform set of procedures to
be utilized throughout the City; and
2. The Animal Control Board approved the By-Laws during their August 20, 2003
meeting.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1. The City of Edgewater hereby approves the Animal Control Board By-Laws
which are attached hereto and incorporated herein as Exhibit "A".
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 3. This resolution shall take effect upon adoption.
2003-R-20
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AfterMotionby Councilwoman Lichter and Secondby Councilman Hammond
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 8th day of September, 2003.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2003-R-20
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CITY COUNCIL OF THE
CI GEWATER, FLORIDA
By o
Donald A. Schmidt
Mayor
Robin . Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day
of September, 2003 under Agenda Item
No.6 I .
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CITY OF EDGEWATER
ANIMAL CONTROL BOARD
BY -LAWS
ARTICLE I: Official Name
The official name of the this Board shall be the Animal Control Board of the City of
Edgewater, Florida, hereinafter referred to as "ACB."
ARTICLE II: Purpose and Intent
The purpose and intent of these By-Laws is to set forth a uniform set of procedures whereby
the City of Edgewater Animal Control Board may regulate the manner in which it elects officers,
conducts meetings, and otherwise carries out its functions. The By-Laws will serve as a guideline
in handling all affairs pertaining to the Edgewater Animal Control Board.
ARTICLE III: Membership
A. Voting Members and Appointments
1. The ACB shall have five (5) voting members. Each member shall be appointed by
City Council for a term ofthree (3) years and shall be subject to removal as set forth
by City Council. The terms of appointment shall be staggered.
2. Whenever possible, the membership shall include a licensed veterinarian, a member
from the holding or impounding facility currently under contract with the City, a dog
owner and a cat owner. No City employee shall be a member of the ACB.
3. A quorum shall consist of three (3) members. The affirmative vote of three (3)
members is required for any formal action of the ACB relating to appeals. All
recommendations and actions shall require an affirmative vote of a majority of the
members present.
4. Prior to appointment, prospective members shall submit a City application, stating
therein a brief synopsis of their education, experience and reason for their interest in
serving on the ACB.
5. To be eligible for appointment, a prospective member shall be a resident of the City
of Edge water, unless no qualified resident applicant applies.
6. No member of the ACB shall receive compensation for their service, provided,
however, that members may be reimbursed for out-of-pocket expenses as approved
by the City.
B. Vacancies
1. During the term of appointment, should a member of the ACB change residence,
representation or ownership in a status required to the extent he or she would not be
eligible for appointment to the ACB, the member shall forfeit the office and it shall
be deemed vacant.
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ACB By-Laws
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2. If a ACB member is absent for three (3) consecutive regular meetings during any
calender year, said member shall forfeit the office and it shall be deemed vacant.
3. The City Council may remove any member of the board from office at any time.
4. Any vacancy occurring during the unexpired term of office of any member shall be
filled by the City Council. The vacancy shall be filled as soon as practical after it
occurs.
c. Voting Conflicts
1. No member of the ACB shall vote upon any matter which would inure to his or her
special private gain or loss, or any principle by whom he or she is retained, or by any
relative or business associate.
2. No member of the ACB shall appear for or represent any person in any matter before
the ACB other than him or herself. No past member shall appear before the ACB
except when representing him or herself for a period of twelve (12) calendar months
after his or her service has ended.
ARTICLE IV: Election of Officers
A. Chairman
1. The Chairman shall serve as the presiding officer at all meetings and hearings of the
ACB and appoint any committees that are deemed necessary.
2. The Chairman shall be elected by a majority of the voting membership at the regular
meeting of the month of January and the term of office shall be one year. The
Chairman shall be eligible for re-election.
B. Vice Chairman
1. The Vice Chairman shall be elected by the ACB from among its regular members in
the same manner as the Chairman and shall be eligible for re-election.
2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman
and at such times shall have the same powers and duties of the Chairman.
3. In the event of death, resignation, or removal from office of the Chairman, the Vice
Chairman shall perform the various duties until such time the ACB shall elect a new
Chairman and Vice Chairman.
C. Other Presiding Officers
The members of the ACB may select an additional member to preside over the meeting(s)
in the absence of the Chairman and Vice Chairman.
D. Board Coordinator
1. The board coordinator shall be provided by the City and be a City employee.
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ACB By-Laws
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2. The board coordinator shall prepare and distribute agendas, correspondence and
minutes and shall establish and maintain files to ensure they are properly kept. All
recorded meeting tapes shall be provided to the City Clerk for safe keeping.
3. Any correspondence prepared by a member of the ACB shall be provided to the
board coordinator for distribution to the ACB members.
E. Professional Support
The Animal Control Supervisor and City Attorney shall provide the necessary professional
support to the ACB.
ARTICLE V: Meetin~s/Hearings
A. Regular Meetings
Regularly scheduled meetings of the ACB shall be held quarterly.
B. Special Meetings
Special meetings or hearings of the ACB may be called by the Chairman, Vice Chairman or
the Animal Control Officer.
C. Requirements
All meetings shall be open to the public, provide due public notice, follow Roberts Rule of
Order and the Florida Sunshine Laws.
ARTICLE VI: Powers and Duties
A. The ACB shall exercise the following powers and duties:
1. Hear appeals of the initial determination of an animal control officer classifying a
dog as dangerous pursuant to Section 767.12, Florida Statutes.
2. Hear appeals regarding the confiscation of a dog for destruction pursuant to Section
767.13, Florida Statutes.
3. To subpoena witnesses to its hearings. The subpoenas shall be served by the City
police Department.
4. To take testimony under oath.
5. Have the power to issue orders having the force of law to command whatever steps
are necessary to address the appeal. Such orders may require:
a. Obedience training for the animal in question.
b. Muzzling of an animal while off the property of the owner.
c. Confinement of an animal indoors.
d. Confinement of an animal in a secure enclosure.
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ACB By-Laws
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e. Reduction of the number of animals kept in anyone location.
f. The sterilization of an animal.
g. Any other measure or sanction designed to protect the health and safety of the
public.
h. Make recommendations to the City Council on animal control matters.
1. To adopt rules of procedure approved by the City Attorney.
B. Appeals
Any person aggrieved by a decision of the ACB relating to a dangerous dog classification
shall appeal such decision to the County Court.
ARTICLE VII: Amendments
The By-Laws may be amended at a regular or special meeting ofthe ACB, provided that a
written notice shall have been sent to each member at least thirty (30) days in advance of the vote,
which notice shall contain the proposed amendment.
Adopted by the Board this
dO
day of
Oh~
,2003.
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Attest:
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ACB By-Laws