Monday, December 21,2020
The meeting was called to order by Mayor Jerry Willis. JustinBarrett said the invocation and the Pledge of Allegiance was led byCouncilmember Gantt.
Upon a Roll Call the following were present: Mayor Jerry Willis and Councilmember KevinRobbins. Cheryl Tucker, Lynnes Justiss, Steve Gantt attended via Zoom.Councilmember Joe Brown was absent. Also present were City Clerk TiffanyRobinson and staff members.
CouncilmemberJustiss offered a motion to approve the minutes of the Council Meeting held on December7, 2020 and special called meeting on December 11, 2020 as presented. Themotion was seconded by Councilmember Tucker with the Council voting unanimouslyin favor of the motion.
Under old business, Councilmember Robbinsmade a motion to wave the second reading of Ordinance 2020-6, a dog protectionordinance. Councilmember Justiss seconded the motion with the Council votingunanimously in favor of the motion.
Councilmember Robbins made a motionto approve Ordinance 2020-6, dog protection ordinance. Councilmember Ganttseconded the motion with the Council voting unanimously in favor of the motion.
Ordinance 2020-6 is approved.
ORDINANCE 2020 - 6
WHEREAS,there has been concern expressed about the proper care of dogs kept as pets inthe City of Wetumpka; and
WHEREAS,the City desires to establish basic standards for the control and care of dogskept within the City limits of Wetumpka, Alabama; and
WHEREAS,the City desires to replace its 2019-12 Dog Tethering Ordinance to make itillegal to place dogs on a trolley line.
II IS THEREFORE ORDAINED by the Councilof the City of Wetumpka, Alabama, as follows:
DUTY TO RESTRAIN AND CONTAIN DOGS.
(1)It shall be the duty of every owner or person in charge of a dog to keep theanimal under effective restraint, while the dog is within the city, whether ornot the dog is upon the premises of its owner or away from said premises. Itshall be unlawful for the owner or person in charge of any dog to fail to keepthe animal under effective restraint. Proof that a dog is not properlyrestrained, whether on or off the premises of the owner or person in charge,shall be prima facie evidence of a violation. Competent evidence that thefailure was due to an unforeseeable and independent act of a third person shallshift the burden on the city to prove otherwise.
(2)The methods used to contain a dog while on his premises is within thediscretion of the owner provided the conditions do not present a hazard to thedog, a hazard to the general public or otherwise fails to comply with theprovisions of this ordinance. Ordinary containment methods include housing thedog inside of a residential structure, or if outside then by the use of a fenceand/or pen, provided that the use of such method complies with the requirementsherein.
CHAINING /TETHERING DOGS.
(1)Direct point chaining, tethering, and trolley chaining of dogs to any object,stationary or otherwise, is prohibited.
(2)Notwithstanding the foregoing, a dog may be tethered while activelyparticipating in or attending an organized show, field trial, agility event,herding contest or other similar exposition or event as long as it is conductedoutdoors, is of a limited duration, and involves the judging or evaluation ofanimals; or, when under the care and supervision of a licensed veterinarian.
(3)In all cases, any person who tethers a dog in accordance with this sectionshall ensure that the animal is tethered in such a manner as to prevent injury,strangulation, entanglement or neglect.
(4)No person owning or keeping a dog shall subject the dog to cruel conditions orinhumane tethering at any time. Cruel conditions and inhumane tethering aredefined as, but not limited to, the following conditions:
a.Filthy and dirty confinement conditions, including but not limited to exposureto excessive animal waste, garbage, dirty water, noxious odors, dangerousobjects that could injure or kill the dog upon contact, or other circumstancesthat could cause harm to the dog's physical health.
b.Taunting, prodding, hitting, harassing, threatening or otherwise harming atethered or confined dog.
c.Subjecting the dog to dangerous conditions, including but not limited to attackby other animals.
(5)Any dog kept habitually outside which is not constrained in accordance with theprovisions of this section must be kept inside a residential structure, or in afenced area or pen which is suitable for the size of the dog as determined bythe animal control officer.
MINIMUM CARE OF DOGS LIVING OUTSIDE.
a.Any dog that is habitually kept outside or repeatedly left outside unattendedby an adult person, whether contained in a pen or contained in a fenced area,shall be provided with a structurally sound, moisture-proof and wind-proofshelter large enough to keep the dog reasonably clean and dry. A shelter whichdoes not protect the dog from temperature extremes or precipitation, or whichdoes not provide adequate ventilation or drainage, shall not comply with thissection.
b.A dog's shelter and bedding and other accessible space shall be maintained in amanner which minimizes the risk of the dog contracting disease, being injuredor becoming infested with parasites.
c.During the winter months, the shelter must not only be wind and moisture proofbut also of a proportionate size to allow the natural body heat of the dog tobe retained in cold weather.
d.A shelter for a dog must be a structure having four sides in addition to a roofand floor with one side having an entrance or an Igloo type structurespecifically designed for outdoor housing of a dog. The dog must be able toenter, stand, sit, lie down and turn around in the shelter in a normal manner.Metal drums and transport carriers designed to move a dog from one location toanother and which do not have solid walls, are not considered shelter.
e.The shelter floor shall be raised at least two inches above the ground and befree of cracks, holes or protruding nails or rough edges that could causeinjury.
f.The shelter shall be maintained and cleaned regularly. The area around theshelter shall be kept clean of accumulated feces, garbage and any other debris.
g.The shelter shall be placed in an area that provides protection from the directrays of the sun, when sunlight is likely to cause overheating or discomfort.
a.It shall be unlawful for any person keeping or harboring any dog to fail,refuse or neglect to provide such dog with clean, fresh potable water adequatefor the dog's size, age, and physical condition. This water supply shall beeither free flowing or provided in a removable receptacle that is weighted andsecured to prevent tipping.
b.It shall be unlawful for any person keeping or harboring any dog to fail,refuse or neglect to provide such dog with wholesome foodstuff suitable for thedog's physical condition and age and in sufficient quantities to maintain anadequate level of nutrition for the dog.
Violationsof this ordinance are declared a misdemeanor. Any person who violates anyprovisions of this section shall be guilty of a misdemeanor and, unlessotherwise provided herein, shall, upon conviction or adjudication of guilt, bepunished by a fine of not less than $100.00 and in addition thereto may bepunished by imprisonment or hard labor in the city jail or a combinationthereof, for a period not exceeding six months and costs of court. However, themunicipal judge shall have the authority and discretion to order communityservice for violation of this ordinance and in such an evert the fines andcourt costs may be adjusted or remitted upon the completion of court orderedcommunity service.
REMOVAL OF ANIMALS
Inaccordance §3-1-13 of the Code of Alabama any duly authorized officer oremployee of a recognized humane society shall have the right to take charge ofany animal which is sick or disable due to neglect or is being cruelly treatedor abused and to provide care for such animal until it is deemed to be insuitable condition to be returned to its owner or the person from whose custodysuch animal was taken.
Therefore,in addition to the actions that may be taken under the Violations section ofthis Ordinance, the Animal Control Officer for the City of Wetumpka shall havethe authority to remove any dog which is being held in violation of thisOrdinance from its owner or person having custody and deliver it to the ElmoreCounty Humane Shelter for care and keeping. The owner or custodian shall haveten (10) days after notice of said removal to remedy the violation orviolations under this ordinance and retrieve the dog from the Humane Shelter.The owner or custodian shall be responsible for the cost of care for the periodthat it remains at the Humane Shelter and if the dog is not retrieved at theend of ten days then the Humane Shelter shall proceed according to §3-1-13 inhandling the animal.
SECTION 2.Any former ordinance conflicting with the provisions of this ordinance is herebyrepealed.
SECTION 3. The provisions of this ordinance areseverable. Should any Section, Sub-section or provision of this ordinance forany reason be declared void or invalid, such action shall have no effect on theremaining provisions of this ordinance.
SECTION 4. This Ordinance shall become effective uponapproval and publication as required by law.
ADOPTED AND APPROVED on this the_____ day of _________, 2020.
Councilmember Gantt made a motion topurchase five police vehicles at a cost of $206,196.02 off state bid.Councilmember Tucker seconded the motion with the Council voting unanimously infavor of the motion.
Under new business, Councilmember Robbins made a motion to approveResolution 2020-12-21-1, to enter into agreement with State of Alabama, actingby and through ALDOT for project # STPMN-2620-(252), roundabout and sidewalkproject. Councilmember Gantt seconded the motion with the Council votingunanimously in favor of the motion.
Councilmember Justiss made a motionto re-appoint City Judge Jeff Courtney. Councilmember Gantt seconded themotion. Councilmember Robbins abstained.All other Councilmembers voted in favor of the motion.
Approval of the Master Services Agreement with EZFacility forsubscription service was on the agenda for the first time and will beconsidered at the next meeting.
Also, approval of the personnel policy change in section 3.6 Costof Living Adjustment and section 6.0 Pay Increases appeared on the agenda forthe first time and will return to the next agenda.
Councilmember Gantt announced information pertaining to a grantthe Kelly Fitzpatrick Gallery had received.
Upon a motion by Councilmember Gantt, the meeting was adjournedat 6:20 p.m.
Approved by Council on the 4th day of January, 2021.
Tiffany Robinson, City Clerk