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2009-R-20 RESOLUTION NO. 2009-R-20 A RESOLUTION OF THE CITY COUNCIL OFTHE 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 more uniform set of procedures to be utilized throughout the City; and 2. During the May 20, 2009 Animal Control Board meeting, the Board voted to recommend revisions to their existing by-laws. 3. The revised by-laws are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, be it resolved by the City Council ofthe City of Edgewater, 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 All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 1 2009-R-20 After M oti on by Crl! "" ilu"""" n t, ^,;, T with Second by ihwci IwD<Wli\ Rbcc\eS, the vote on this resolution was as follows: Mayor Michael Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet E. Rhodes Councilman Ted Cooper AYE NAY x X X X X , PASSED AND DULY ADOPTED this 14th day of September, 2009. ATTEST: ~O.\.l\)O~O Bonnie A. Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid 2009-R-20 CITY COUNCIL OF THE ~/OF EDG. E B#l . Mich~l Thomas Mayor ~~L~~JC~ , Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 14th day of September, 2009 under Agenda Item No. 8~. 2 EXHIBIT "A" ANIMAL CONTROL BOARD CITY OF EDGEW A TER 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 t as "ACB". ARTICLE II: Purpose and Intent The purpose and intent ofthese 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 carriers out its functions. A Dumose of the Board is to make recommendations to Staff on animal control issues. The By-Laws will serve as a guideline in handling all affairs pertaining to the Edgewater Animal Control Board. Section 5-6 ofthe City's Code of Ordinances also governs the Animal Control Board. In the vent of a conflict between Section 5-6 and these By-Laws. Section 5-6 shall apply. ARTICLE III: Membership A. V oting 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. The ACB shall have five (5) voting members. Whenever possible. the membership shall include a licensed veterinarian. a member from the holding or impounding facility currently owned or under contract with the city. a dog owner. and a cat owner. No City employee shall be a member of the ACB. 2. \Vhene','er possible, the membership shall include a licensed veterinarian, a member from the holding or impounding faoility currently under contract \vith the City, a dog ovmer and a cat o',yner. No City employee shall be a member of the ACE. Each member of the ACB shall be a resident of the city unless no qualified resident candidate applies. 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. ACB members shall serve on no other city board or committee. 4. Prior to appointment, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their 3 interest in serving on the ACB. Members ofthe ACB shall be appointed by the city council for a term of three (3) years without compensation but may receive travel and other necessary expenses while on official business of the ACB. 5. To be eligible for appointment, a prospective member shall be a resident of the City ofEdge\yater, unless no qualified resident applicant applies. 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 maiority of the members present. 6. No member of the ACE shall receive compensation for their service, provided, however, that members may be reimbursed for out of pocket expenses as approved by the City. 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. 7. The ACB shall provide a written recommendation to the City Council for the appointment of a vacant seat or re-appointment of a Board member; all current applications shall accompany the request. B. Vacancies 1. During the term of appointment, should a member ofthe ACB change residence, representation or ownership in a status required to the extent he or she would not be eligible for appointment ofthe ACB, the member shall forfeit the office and it shall be deemed vacant. 2. If an ..^~CE member is absent for three (3) consecutive regular meetings during any calendar year, said member shall forfeit the office and it shall be deemed vacant. If a member ofthe ACB has three (3) consecutive unexcused absences at regular meetings during any calendar year, said member shall forfeit the office. The city council shall fill the office for the remainder of the unexpired term. 3. The City Counoil may remove any member ofthe board from office at any time. A member of the ACB may removed for cause by the city council at any time. 4. .l\.ny vacancy occurring during the unexpired term of office of any member shall be filled by the City Council. The '(aoanc)' 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. The provisions of Chapter 112, Florida Statutes, shall apply. 2. No member of the ACB shall appear for or represent any person in any matter before the ACB other than himself or herself. 3. No past member of the ACB shall appear before the ACB except when representing himself or herself for a period of twelve (12) calendar months after his or her service has ended. 4 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 (1) 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 ACE shull elect a ne'N Chairman and Vice Chuirman. C. Other Presiding Officers The members ofthe 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. 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 safekeeping. 3. Any correspondence prepared by a member ofthe ACB shall be provided to the board coordinator for distribution to the ACB members. E. Professional Support The Animal Control Supervisor Division and City Attorney shall provide the necessary professional support to the ACB. ARTICLE V. Meetin2s/Hearin2s A. Regular Meetings Regularly scheduled meetings of the ACB shall be held quarterly semi-annually. B. Special Meetings Special meetings or hearings ofthe ACB may be called by the Chairman, Vice Chairman or the Animal Control Officer. 5 C. Requirements All meetings shall be open to the public, provide due public notice, follow Roberts Rules 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 bytheGity Edgewater Police Department. 4. To take testimony under oath. 5. To issue orders having the force oflaw to command whatever steps are necessary to address the appeal. Such order 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. 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 issues. i. To adopt rules of procedure approved by the City Attorney. Any other measure or sanction designed to protect the health and safety of the public. B. .A..ppeals Any person aggrieved by a decision of the ..^~CB 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 of the ACB, provided that a ','!ritten notice shall be sent to each member at lease thirty (30) days in advance of the ';ote, which notice shall contain the proposed amendment an affirmative vote of the maiority of the members present is obtained and approved by City Council. 6 Adopted by the Board this Attest: day of ,2009. , Chairman Donna M. Wagner Barbara Kowall , Board Coordinator 7