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09-06-2006 - Special CITY OF EDGEWATER ANIMAL CONTROL BOARD SPECIAL MEETING September 6, 2006 7:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairwoman Donna Wagner called the regular meeting to order at 8:05 p.m. in the City Hall Conference Room. ROLL CALL Members present were: Chairwoman Donna Wagner, Karen Mason, Debbie Brazzell and Dr. David Vanis. Also present were: Board Secretary Shontella Jackson and Amy Carotenuto. Absent and excused were Pam Black. OLD BUSINESS: REVIEW AND RECOMMEND CHANGES TO THE ORDINANCE Chairwoman Donna Wagner opened the meeting with tabled items from Chapter 5 Animals and Fowl ordinance. The Board reviewed and discussed the tabled ordinance sections. MOTION by Karen Mason. SECOND by Debbie Brazzell to aooroye as written. MOTION CARRIED UNANIMOUSLY. Kennel: Any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where four (4) or more dogs or cats four (4) months or older are kept, harbored or maintained for monetary compensation. Animal Control Board Special Meeting Page 1 of5 September 6, 2006 MOTION by Karen Mason. SECOND by Debbie Brazzell to aooroye as written. MOTION CARRIED UNANIMOUSLY. Sec. 5-12. Animals defecating on public or private property prohibited; exception. (a) No owner of any animal shall cause or allow such animal to defecate on any public or private property other than that of the owner unless such owner immediately removes and disposes of all feces deposited by such animal by the following methods: 1. Collection of the feces by appropriate implement and placement in a container; and 2. Removal of such container to the property of the owner and disposition thereafter in a manner consistent with applicable laws. b) No owner shall permit any waste matter from an animal to collect and remain on the property of the owner or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition. c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. (d) The owner of any animal shall keep his own property free of animal excrement to the extent that is necessary to prevent noxious or offensive odors from escaping onto adjacent property or public right-of-ways. MOTION by Karen Mason. SECOND by Debbie Brazzell to aooroye with the followinc chances. MOTION CARRIED UNANIMOUSLY. Sec. 5-12.1 Responsibilities of a pet owner or guardian A caregiver shall treat a companion animal in a humane manner and shall provide humane care for an animal. Humane care includes but is not limited to providing adequate food, adequate fresh water, adequate shelter, adequate space and veterinary care Animal Control Board Special Meeting Page 2 of 5 September 6, 2006 ef to maintain health and to prevent or cure diseases. (a) The pet owner or guardian must live on the premises with the animal. Even if care is provided with daily visits, animals must not be kept permanently on property where no one resides. (b) An ~mnu~1 he~lth check provided by ~ licensed veterin~ri~n, including but not limited to recommended v~ccines for both c~nine ~nd feline, di~gnostic tests ~s required, intern~1 ~nd extern~1 p~r~site prevention. Tre~tment by ~ licensed veterin~ri~n for illnesses ~nd injuries must be sought to ensure the he~lth ~nd s~fety of ~nim~1. Pet c~regivers must not ~ttempt to perform surgery i.e.: e~r cropping or t~i1 docking, or to provide medic~1 c~re th~t is beyond their re~lm of expertise. (c) Any animal that is kept tethered must be attached to a stationary object: not an object that could become mobile. *MOTION by Karen Mason. SECOND by Debbie Brazzell to table until the next meetina. MOTION CARRIED UNANIMOUSLY. (d) If a companion animal is maintained on a tether, then the caregiver shall use a tether that weighs less than 1/10. (e) The total weight of the companion animal and that is 10 feet long or least four times the body length of the companion animal from the nose to the end of the body, excluding the tail. Then tether must be at least 10 feet running parallel to the ground, if on a runner or pulley system. (f) Any tethering system employed shall not allow the animal to leave the caregiver's property. (9) Any chain or tether must be attached to a properly fitted, properly maintained collar or harness; choke chains and ropes shall be permitted. (h) If an animal is attached to a fixed-point chain or tether, the animal must be rele~sed from that tether for exercise for ~ minimum an average of two hours every 24-hour period. This exercise includes but is not limited to: inside a home for interaction with the caretaker, within a fenced enclosure, or under the caretaker's supervision on a leash obeying local leash laws. ti1 If an animal is tethered within fence, it must be chained or tethered far enough away from th~t fence ~s any hazardous to avoid iniuries. jumping over it or h~nging itself. MOTION by Karen Mason. SECOND by Debbie Brazzell to aDDrOye with the followina chanaes. MOTION CARRIED UNANIMOUSLY. Sec. 5-14. Running at large prohibited. (a) Prohibition of animals at large. Animal Control Board Special Meeting Page 3 of 5 September 6, 2006 1. No owner shall permit, either willfully or through failure to exercise due care and control, any animal to run at large off the premises of the owner. 2. Upon finding an animal at large, an animal control officer may issue a warning or in her discretion, a citation for such violation or, alternatively, if the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded. (b) Seizure of at large animals; harboring andjinder-ownership. 1. When an animal is at large on private property, the animal may be seized by the property owner or tenant in a humane manner. The animal shall be delivered to an animal control officer, the designate holding or impounding facility or a similar organization within two (2) business days unless the person seizing the animal wishes to keep the animal as his own. If the person seizing the animal wishes to keep the animal, he shall notify the animal control officer who shall attempt to determine ownership of the animal. If no owner is found within thirty (30) days, the finder shall be conclusively presumed to be the owner of such animal. 2. Any person seizing an animal and then delivering the animal to an animal control officer, the designated holding or impounding facility or similar organization shall do so at his own risk. Upon delivery the finder shall sign a delivery document stating the date, time and location where the animal was found and a description of Animal Control Board Special Meeting Page 4 of 5 September 6, 2006 the animal. 3. If the ownership of a found animal is in dispute, the person claiming previous ownership of the found animal must provide the finder with proof of ownership in order to successfully reclaim the animal. Such proof may include documentation of prior veterinary records of such animal and/or identifying photographs. 4. Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid inflicting any cruelty, injury, sickness, hunger or other ailment or affliction upon the animal during either the seizure or delivery of the animal. Any person unable to comply with this section shall not seize an animal. The Board ended the workshop on Section 5-24. ADJOURNMENT MOTION to adjourn the meetina was made bv Karen Mason. SECOND bv Debbie Brazzell. The meeting was adjourned at 9:13 pm. Minutes respectfully submitted by: Shan tella Jackson Recording Secretary Next Meeting will be held on October 19, 2006 at 6 p.m. * Indicates items tabled which needs to be addressed in the next Board meeting. Animal Control Board Special Meeting Page 5 of 5 September 6, 2006