Loading...
05-20-2009 CITY OF EDGEWATER ANIMAL CONTROL BOARD Regular Meeting May 20 , 2009 7:00 PM Community Center 102 North Riverside Drive CALL TO ORDER: Chairperson Donna Wagner ROLL CALL: APPROVAL OF MINUTES: January 21, 2009 NEW BUSINESS: Chairman& Vice Chairman elections Amend Board By Laws OLD BUSINESS: Chapter 5 MISCELLANOUS ITEMS: ADJOURNMENT: In accordance with the Americans with'DisabiEtiesAct,persons needing assistance to participate in any of these proceeding should contact the City Clerkat(386)424-2400 extension 1101 prior to the meeting. If hearing impaired telephone the TFlorida flay Service Numbers at 1-800-955-8771(TD 09,1-800-955-8770 voice for assistance. Pursuant to Chapter 286, ES., if any individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. 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) members. Each member shall be appointed by the City Council for a term of three (3) years and shall be subject to removal as set forth by the City Council. The terms of appointment shall be staggered. 2. Whenever possible, the membership shall include a licensed veterinarian, with4he-C-ity, 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 reside in the City of Edgewater,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. 7. The ACB shall provide a written recommendation to 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 of the ACB change residence to the extent he or she would not be eligible for appointment to the ACB, the member shall forfeit the office and seat shall be deemed vacant. 2. If a ACB member is absent for three (3) consecutive regular meetings, said member shall forfeit the office and it shall be deemed vacant. 3. The City Council may remove any member of the ACB from office at any time. 4. Any vacancy occurring during the unexpired term of office of any member shall be filled by 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 from the ACB membership that are deemed necessary. 2. The Chairman shall be elected by a majority of the voting membership at the regular meeting in January each year 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. 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: Meetinas/Hearings A. Regular Meeting Regularly scheduled meetings of the ACB shall be held quarterly on the third Wednesday of the month. B. Special Meetings Special meetings or hearing 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 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 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. e. Reduction of the number of animals kept in any one 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. 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 of the ACB, provided •. - . . . ._ . .. • . _ . _. . ;; . . .,. .. .. . . _ .. .. _. . . .. .. _ . . . . _. .... that an affirmative vote of the majority of the members present is obtained and approved by City Council. Adopted by the Board this day of , 2008 Chairman ATTEST: Barbara Kowall, Board Coordinator