04-18-2001
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CITY OF EDGEWATER
ANIMAL CONTROL BOARD
April 18, 2001
7:00 P.M.
CITY HALL CONFERENCE ROOM
MINUTES
CALL TO ORDER
The regular meeting was called to order by chairperson, Robin Hendricks, at 7:02
PM in the City Hall Conference Room.
ROLL CALL
Members present were: Robin Hendricks, Donna Wagner, and Liz Scavarda.
Also present were: Animal Control Senior Officer Brandi McNair, Legal Assistant
Robin Matusick, Board Secretary Sue Griffiths, Observer Reporter Russell Gulick,
and Edgewater Residents Robin Como, Kimber Catalo, and Lori Garner.
Members absent were: Dr. D. Vanis, and Debrah Brazzell.
APPROVAL OF MINUTES
Motion to approve the minutes of the March 21, 2001 meeting was made by
Donna Wagner and seconded by Liz Scavarda. Motion unanimous.
OLD BUSINESS
Ordinances
Board members were given copies of final draft that was sent for discussion at
the City Council Meeting, with added suggestions made by the council members.
Council suggested adding to Sec. 5-2 Definition of Boarder the following: A
boarder shall not reside in a kennel for more than three (3) weeks per visit, nor
more than forth five (45) days annually. Also council members suggested that in
Sec. 5-36 Breeding and Kennels Subsection b Kennels adding the following: 5. A
boarder shall not reside in a kennel for more than three (3) weeks per visit, nor
more than forty-five (45) days annually. After a brief discussion by members
present the following motion was made.
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Motion: Motion was made by Donna Wagner and seconded by Liz Scavarda to
let the ordinance changes stand as they are for review and possible acceptance
by city council. Motion carried unanimous.
Quarterly Meetings
Robin Matusick advised the board members that the ordinance changes would be
put on an agenda request for city council and would be read at the next
meeting, voted on and would be signed at the second meeting held in May.
Robin Matusick advised that since the changes have been finalized that the
board is to start holding the meetings quarterly which would put the next
meeting for July 18th, 2001.
Citizen Comments
Kimber Catalo, resident at 104 S. Flagler Ave. wished to speak to the Board
members to clarify some of the proposed changes regarding breeders. Ms.
Catalo read the definition of breeder to the Board members and stated that she
didn't understand pet quality as used in the definition, she disagreed that what
she did as a breeder was not defined. She stated she breeds her dogs for a
better quality breed, not for profit. Ms. Catalo stated she wanted to know if
there was a difference between registered breeders and what is defined as a
breeder. Animal Control Officer McNair advised that it was not difficult for
anyone to get an animal registered and that for all intents and purposes it did
not matter.
Ms. Catalo wanted to know why there was a limit of 3 animals allowed in the City
of Edgewater; she is a responsible pet owner and wondered why she should
have to take an animal to the Humane Society if she was over her limit. Ms.
Catalo was advised that the ordinance is in place to give the animal control
officers some backbone when it came to those who were not responsible.
Animal Control Officer McNair stated that if a responsible pet owner is not
causing a problem she would have no reason to violate them, but if that
"responsible" pet owner had a complaint against them by their neighbor then she
would have to investigate and if need be refer to the animal control ordinance to
charge that person. Donna Wagner advised that if you maintain your animals to
the point where you don't have a complaint against you, you probably would not
hear from the animal control officer. She went on to state that if you had a
complaint and animal control is sent to your residence, you have a problem and
it isn't going to make a difference whether you're a breeder or just a pet owner,
if you are in violation you have to vacate them. ACO Brandi McNair stated that it
would depend on the violation and a proper investigation would be required. Ms.
Catalo stated she did not feel the limit was fair to those responsible pet owners
and that she thought that the whole purpose of having the ordinance was to
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prevent animals going to the Humane Society. Ms. Catalo stated that she does
not keep collars or tags on her animals and she doesn't like to keep collars on
her show animals. ACe McNair stated that the ordinance stated you must have
your animals properly licensed. ACe McNair stated that if you do not keep tags
on your animal, then you shouldn't complain if your animal gets sent to the
Humane Society. Robin Matusick stated that a responsible owner should adhere
to the laws, and that the Board could not tell them they did not have to. Ms.
Catalo asked if there was a difference between show quality and pet quality. Ms.
Catalo was advised by ACe McNair that there was no difference, due to the fact
that there is no way anyone can tell a puppy is going to be show quality at 8
weeks old. Robin Matusick advised that the requirements in the breeder
section is to help animal control prevent problems from happening, and also
advised that the breeder permit is an attempt to regulate breeding within the city
and responsible breeders educate others by regulating irresponsible breeding.
Ms. Catalo then questioned licensing for breeders. She questioned as to how she
was to justify breeding her animals, if she was only allowed two licenses when
she has three dogs. Donna Wagner advised that you can only breed two animals
per year. The breeder license is for one animal only and can't be transferred.
Male animals also are included in the breeder license. If Ms. Catalo has a male
dog for breeding and a female dog for breeding, they would both have to be
licensed if the male is going to be used as stud. If not then she could license her
females. Ms. Catalo was advised that if she was going to use her male as a stud
whether to her female or someone else's then it must be licensed and included in
her permitted limit.
Ms. Catalo stated that she had a problem with the puppies having to be
vaccinated at 4 months. She also advised that there was no way she was going
to give a one and a half pound toy poodle a full rabies vaccination at 4 months.
Donna Wagner advised it was not up to her and would be up to her veterinarian
to administer the rabies vaccination, and up to the veterinarian to determine
whether or not the dog could receive this shot. Robin Hendricks advised that
state law required that any dog for sale must have a rabies shot by the age of 4
months. Robin Hendricks started to advised Ms. Catalo that her personal animals
did not have to be vaccinated, and was corrected by several board members,
legal assistant and animal control officer. ACe McNair advised state law required
any animal whether for sale or for personal enjoyment has to be vaccinated by 4
months of age. ACe McNair also advised that if an animal could not be
vacdnated for health reasons as determined by a veterinarian, the ordinance
covers that in the exemption clause. The exemption must be presented in writing
with a detailed explanation, from a veterinarian; as to the reason the animal
cannot receive the vaccination as required.
Ms. Catalo then stated that her animals see the veterinarian a lot but she would
not give her dog a shot that was harmful to her. Donna Wagner advised that
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her veterinarian should make that determination and that they had the authority
to give a lesser dose. Robin Hendricks then stated that she doesn't vaccinate
her puppies until they are 6 months old, and doesn't care what anyone says, but
felt that 4 months was too young, then stressed that she didn't care what the
state said, or anyone. ACO McNair stated that the law states vaccination is
required by 4 months old. If she was checking on the breeder and found that a
puppy 4 months or older did not have vaccinations for rabies then she would
give the owner a 24 hour notice to comply. If the owner did not comply, she
would issue a violation regardless of how the owner felt about the age of the
animal. Ms. Catalo stated that was fine. Robin Hendricks stated that she would
pay the fine because that was something she felt strongly about. Robin Matusick
then stated that the city would not condone anyone breaking the law. Ms.
Matusick continued that your dog does not have to be running loose to have
animal control discover a violation, all complaints reported require an
investigation by an animal control officer.
Ms. Catalo then asked the board about the 24-hour notice for inspection of
kennels. Ms. Catalo was advised that the 24-hour notice was a courtesy to the
owner of the kennel for an out of the blue inspection. It was not, however,
referring to an investigation inspection due to a complaint. Donna Wagner
advised that this would not apply to her breeding unless she was a licensed
kennel.
Lori Garner asked for clarification on the age for puppy vaccination and how the
board decided on the 4 months age. Ms. Gamer was advised that the age
mentioned came from the state statue in reference to required vaccinations. She
asked why the Board chose that, the Board advised that they were going by
state law and the city would not violate any state laws by changing the age. Lori
Garner advised she understood and only wanted clarification as to how 4 months
was chosen over 6 months.
Robin Matusick asked if the answers given to her satisfied her questions. Ms.
Catalo advised that yes she had a better understanding and that she would
review the complete ordinance and proposed changes.
ADJOURNMENT
Motion to adjourn the meeting was made by Donna Wagner, seconded by Liz
Scavarda. Motion carried unanimous. The meeting was adjourned at 8:02 P.M.
Next meeting to be held on July 18th, 2001.