2018-R-02 - Repeal Animal Control Board By Laws RESOLUTION NO 2018-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; REPEALING THE ANIMAL
CONTROL BOARD BY-LAWS IN THEIR ENTIRETY;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Edgewater has made the following determinations:
1. On October 2, 2017 City Council approved Ordinance No. 2017-0-37 which amended
and restated Chapter 5 (Animal Services).
2. The Animal Control Board has not met since January 18, 2012. Adoption of Ordinance
No. 2017-0-37 amended and restated Chapter 5 (Animal Services) which included,
removal/replacement/sunset/abolishment of the Animal Control Board and authorized the
Special Magistrate to assume all duties of the Animal Control Board.
2. Pursuant to Council action the Animal Control Board is no loneer in existence at this
time and,accordingly,there is no need for Animal Control Board By-Laws.
3. Resolution No. 2018-R-02 hereby repeals the Animal Control Board By-Laws (Exhibit
"A") in their entirety.
NOW,THEREFORE, be it resolved by the City Council of Edgewater, Florida:
Section 1. The City of Edgewater hereby repeals 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
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After Motion to approve by C sm_4(--t,D,y-) 7i. , with
Second by - YY LL. -i ► �c�t � , the vote on this resolution on
January 8,2018 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 8th day of January, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
1 n► By:deddc r
Robin L. Matusick Michael Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, ` Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 8th day of January,2018 under
Aaron R.Wolfe,Esquire Agenda Item No.84.
City Attorney
Doran,Sims,Wolfe&Ciocchetti
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EXHIBIT"A"
CITY OF EDGEWATER
ANIMAL CONTROL BOARD BY-LAWS
HEREBY REPEALED
zrr
The official name of this Board shall be the Animal Control Board of the city of
Edgewater, Florida, hereinafter referred t as"ACB".
The purpose and intent of these By Laws is to set forth a uniform set of procedure)
.. _ . • .
to make recommendations to Staff on animal control issues. The By Laws will serve as a
Section 5 6 of the City's Code of Ordinances also governs the Animal Control Board. In
the event of a conflict between Section 5 6 and these By Laws. Section 5 6 shall apply.
1. The ACB shall have five (5) voting members. Whenever possible. the
• • - - -- - -- . •
2. Each member of the ACB shall be a resident of the city unless no qualified
resident , nd•date . plie.
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•1. Members of the ACB shall be appointed bthe city council for a term of three
expenses while on official business of the ACB.
5. 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
6. 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
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B. Vacancies
I. During the term of appointment, should a member of the ACB change
chc would not be eligible for appointment of the ACB, the member shall
2. If a member of the ACB has three (3) consecutive unexcused absences at
regular meetings during ani calendar year. said member shall forfeit the
office. The city council shall fill the office for the remainder of the unexpired
term.
3. A member of the ACB may removed for cause by the city council at any time.
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
112, Florida Statutes. shall apply.
2. No member of the ACB shall appear for or represent any person in any matter
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.
ARTICLE IV: ELECTION OF OFFICERS
1. The Chairman shall serve as the presiding officer at all meetings and hearings of
2. The Chairman shall be elected by a majority of the voting membership at the
year. The Chairman shall be eligible for re election.
u Vice Chairman
1. The Vice Chairman shall be elected by the ACB from among its regular members
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.
a . .
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
3. Any correspondence prepared by a member of the ACB shall be provided to the
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E Prof ssional Support
support to the ACB.
. . . . �_
b
Special meetings or hearings of the ACB may be called by the Chairman, Vice Chairman
or the Animal Control Officer.
Cees
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•
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 witnc:ccs to its hearings. The subpoenas shall be served by the.
'1. To take testimony under oath.
5. To issue orders having the force of law to command whatever steps are necessary
a. Obedience training for the animal in question.
c. Confinement of an animal indoors.
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.
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