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Trenton Board of Trustees

March 8, 2016

Trenton, NE

REGULAR MEETING

 

A meeting of the Board of Trustees of the Village of Trenton, NE, was convened in open and public session, Tuesday, March 8, 2016 at 6:30p.m. at the Village Office.  Present:  Chairman Rundel, Vice-Chairman Frakes, Trustees McArthur, Neely, and Poppert (arrived at 6:34pm), Clerk McKain, Superintendent Vrbas, Attorney Schroeder, David Blau of Miller & Associates, Kyle Drain, Larry Evans, Kayla Hodges, Steve Kollmorgen, Phil McDonald, Barry Pedersen, and Laken Vrbas.  Availability of the agenda was communicated in advance notice and in the notice sent to the Chairman and Trustees of the meeting. All proceedings hereafter shown were taken while the meeting was open to the public.

 

Roll Call was taken at 6:30pm and quorum was verified.

 

Citizen Forum:  B. Pedersen has a complaint of burning copper wire in a wood burning stove inside the garage of J. Kauffman.  Pedersen asked that the board take action on the problem as the Village has two ordinances that apply §4-501 Air Pollution and §4-502 Noxious Use of Building or Premise.  Pedersen stated the smoke in the neighborhood was so bad that he and his wife, Vici, had to leave the area.  Pedersen stated there were three days that foul oder was coming from the property.  Pedersen stated he believed burning insulation off of copper wire was the cause of the smoke and odor.  Schroeder stated this is an issue for the Board of Health and suggested that they convene as soon as possible.  L. Vrbas stated she would look at her schedule and notify W. McKain of the earliest date and time she could meet next week.  K. Drain stated that more “junk” has been hauled back to the property and it needs to be addressed again.

 

K. Drain inquired about the ordinance on animals.  He stated several residence have more than three (3) dogs at the house, as well as, some fowl within the village limits.  He asked that the ordinances be enforced.

 

S. Kollmorgen stated there were a number of volunteers and parents that were resurrecting the Hitchcock County Baseball Association.  They plan to have six teams to include T-ball, Coach Pitch, and up to 6th grade.  Kollmorgen stated the league would run from May to July.  Kollmorgen asked that the trees on the north side of the road be trimmed and/or removed to make room for additional parking.  Rundel instructed Vrbas to get bids to trim or remove trees.  Rundel stated that the Village would help with clean up on the field and Keno funds may be available to help purchase equipment/gear, as well as, concession stand or bleachers.  Rundel asked Kollmorgen to get a list of items needed and present the list to the Board at the March 23, 2016 Special Meeting.  Kollmorgen stated at this time there was not enough interest for an adult team.  The Board did ask that the No Alcohol be adhered while the field is being used for youth functions.

 

A complaint was filed concerning a cattle pod trailer parking in the 600 block of West D Street.  The resident would like the village to prohibit the parking of the trailer with manure on it.  J. Vrbas stated the trailer has not been parked on the street for the last week.

 

Motion made by Frakes and second by McArthur to approve agenda. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.

 

Motion made by Neely and second by McArthur to approve the February 9, 2016 meeting minutes.  Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.

 

Motion made by McArthur and second by Frakes to approve treasurer’s report.  Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.

 

Attorney Schroeder discussed the ordinance for vicious dogs, which is set for approval later in the meeting.  Schroeder reviewed the contract with American Publishing for codification and stated to move forward with the contract and re-codification of the Village ordinances.  Attorney Schroeder left the meeting at 7:05pm.

 

Utility Superintendent Reports: Electric Department: Vrbas reported some street lights were out and have been reported SWPPD.  Water Department: Vrbas stated he will be attending water conference is in Kearny, March 21-23.  Vrbas stated that Neptune will discontinue service for the handheld until 12/31/16.  A trade in is available until 7/29/16.  Rundel asked Vrbas to get prices of new equipment and what the trade in value of old equipment is.  Vrbas stated Sargent well services were making repairs to the wells and he is obtaining a quote for total upgrade and repair.  Sewer Department: Vrbas stated the claim submitted to LARM was denied.  Trash Department: Vrbas inquired about tree branch key deposits.  After discussion the board was in agreement that the $10 deposit would be returned to those who returned the correct key and a claim would be submitted for the monthly claim list.  Street Department:  Vrbas stated he had a complaint of too much gravel on Circle Drive.  They moved the gravel from the gutter back onto the street.  Vrbas presented a proposal from TopKote for armor coating of the streets.  The proposal was for $1.46 per sq yd, which was approximately .30 cents lower than last year.  Vrbas stated he was happy with TopKote’s performance last year.  B. Pedersen stated that due to the coating being higher than the curb, many times dirt sits in the gutter.  Rundel stated that the street sweeper would be utilized more on West D to help with that issue.  Motion made by Frakes and second by McArthur to approve proposal from TopKote for armor coating at $1.46 per sq yd for approximately 21,000 sq yds. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.  Park Department: Vrbas stated they have been working on the ball field.  Pool Department:  Vrbas pool employment advertising has been submitted to the paper.  L. Wickizer will not be a manager this year; however, she is willing to certify and re-certify any lifeguards hired for the season.

 

Animal Control: Vrbas stated there are 18 cats and 186 dogs licensed within the village for the 2016 year.  There were 48 warnings for failure to license, 2 warning for running at large, 0 citations for failure to license and 0 citations for running at large during the month of February 2016

 

Village Office:  McKain stated there are three deposits to be applied to two final accounts and one current account.  McKain stated she continues to review a sample employee handbook from LARM and other municipalities to revised and update the Village Personnel Handbook and will review with Village Attorney.  This process is taking more time to complete due to the lack of support in the office.  McKain stated the application for the 2016 scrap tire grant is submitted and awaiting results.  McKain stated Green Site for the North well was approved.  McKain stated a representative from PowerManager is scheduled for a demonstration on March 17, 2016.  McKain stated she has a template for a disaster plan and will be reviewing it to begin

 

Library: No information provided for the agenda.  Evans wanted to clarify information from last month.  He stated the Friends of the Library donated $25 for a donation box to be purchased by the Trenton Public Library for the Friends of the Library.  McKain questioned why the Friends of the Library donated the money to purchase a donation box, instead of purchasing the donation box with Friends of the Library funds.  Evans stated it was no different than an estate “ear marking” money for the purchase of books in someone’s name.  McKain asked how those funds were accounted for and how did he know what funds were used.  Evans stated a better record keeping or accounting system may be needed.  Rundel reiterated that funds from the Trenton Public Library must be spent on items for the Trenton Public Library and not private corporations or persons.

 

Planning Commission: No information provided for the agenda.

 

El Dorado Board: Rundel stated that the El Dorado Board is beginning the process of obtaining bids for the installation of a new generator.

 

Tree Board: No information provided for the agenda.

 

Board of Health: Rundel stated a resident had been warned about burning items other than wood.  A special hearing will be set up for March 14, 29016 with a time to be determined as soon as possible.

 

Unfinished Business: Rundel stated he has not progressed much on the wind turbine project due to unicameral being in session.  Rundel stated in the next 30-60 days the village needs to make a determination as to who the electric supplier would be.  One electric supplier has n attractive 3-4 year plan that may save approximately 30% for the village. Rundel stated Frakes and Vrbas would work on getting a plan and bid specs for advertisement of bids.  David Blau of Miller and Associates in McCook presented some information on the water main project along with a estimated cost of supplies for the project.  The timeframe for the project would be approximately 6-8 months.  Blau will attend the special meeting on March 23, 2016 with updated information.  Poppert stated the upstairs is ready for new construction, the main level is almost ready, and he has not begun in the basement.  Rundel stated he has tried to contact the fire marshal on codes for the building; however, he has been unsuccessful, but will continue to try.  Frakes stated that he and Neely continue to monitor properties and that three have been removed from the list.  P. McDonald stated there was a house north of B. Neely that has a lot of construction waste and looks terrible.  B. Neely stated the owners have been working on new siding and windows and have hauled a lot of waste off of the property.  B. Neely did not believe the property should be on the list as they continue to work and clean up.  The airport is still awaiting approval for closure.  Rundel will continue to issue a temporarily closure notice.  The Motion made by Frakes and second by Poppert to deny Municipal Supply – Neptune Software/Support contract. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried. Rundel stated grant funding for recycling is still available; however, he is having trouble finding ways to unload the items from a trailer.  Rundel sated the village office building repairs have been completed.

 

Ordinance and/or Resolution:  Trustee Poppert introduced Ordinance No. 788. After the reading of the ordinance.  Trustee Neely made a motion which was seconded by Trustee Frakes to suspend the statutory reading of the ordinance on three separate days. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.  Motion by Neely with second by Frakes to pass and adopt Ordinance No. 788 on final reading. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel. Nays: None.  Motion carried. A true copy follows:

 

VILLAGE OF TRENTON

Ordinance No. 788

AN ORDINANCE OF THE VILLAGE OF TRENTON, TO AMEND THE DANGEROUS DOGS ORDINANCE WHICH DEFINES DANGEROUS OR VICIOUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS; and TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF TRENTON:

Ordinance No. 6-104, 6-108 and 6-122 through 6-127, Chapter 6 are hereby revoked and replaced with the following Ordinance 6-122 which reads as follows:

SECTION 6-104 DOGS; OWNER DEFINEDOwner means any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian.  An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

SECTION 6-108 DOGS; VICIOUS.  It shall be unlawful for any person to own, keep, or harbor any dog of a dangerous or ferocious disposition that habitually snaps or manifests a disposition to bite, without the said dog being securely held by a chain not over six (8’) feet long.  If any vicious or dangerous dog is held, confined, or allowed to run at large, the Village personnel shall have the authority to put the dog to death. 

SECTION 6-122. Authorization. This Ordinance is enacted pursuant to the general police power, the authorities granted to cities and villages by the Nebraska State Constitution and statutes.

SECTION 6-123. Purpose and Intent. The purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the Village of Trenton.  It is intended to be applicable to “dangerous” dogs, as defined herein, and to regulate dogs that are commonly referred to as “pit bulls,” as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.

SECTION 6-124. Definitions. When used in this Ordinance, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)        Animal control officer means any person employed or appointed by the Village who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this Ordinance.

(b)        “Running at large” shall mean any dog found off the premises of the owner, and not under control of the owner, or a responsible person, either by leash, cord, chain, wire, rope, cage, or other suitable means of physical restraint.

 (c)       Dangerous dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would  constitute a danger  to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that   according   to   the   records   of   either the Village Clerk, the Village Department of Animal Control, or any law enforcement agency:

(1)        Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;

(2)        Has severely injured or killed a domestic animal while off the owner's property; or

(3)        Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.

(d)        Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is  at  all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when  the dog  is actually  participating in training or in an official showing, obedience, or  field event Direct  control shall not be required  of  dogs actually participating in a legal sport in an authorized  area or to government  police  dogs.

(e)        Director means the Chairman of the Village Board and Department of Animal Control shall consist of the Chairman of the Village Board, the other Village Board members and the animal control officer.

(f)        Impoundment means the taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer  under  the provisions  of this Ordinance.

(g)        Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

(h)        Pit bull dog means and includes any of the following dogs:

            (1)        The Staffordshire Bull Terrier breed of dogs.

            (2)        The American Staffordshire Terrier breed of dogs.

            (3)        The American Pit Bull Terrier breed of dogs.

(4)        Dogs that have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

(i)         Owner means any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian.  An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

(j)         Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.

(k)        Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.

SECTION 6-125. Procedure for Declaring a Dog Dangerous.

(a)        An animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined in Section 6-124(c) by submitting a written complaint on a form approved by the Director to the Department of Animal Control. Upon receipt of such complaint, the Director shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.

(b)        At the conclusion of an investigation, the Director may:

(1)        Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or

(2)        Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in Section 6-130, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that a dog is dangerous, the Director may cause the dog to be humanely destroyed.

SECTION 6-126. Notification of Dangerous Dog Declaration.

(a)        Within five (5) business days after declaring a dog dangerous, the Director shall notify the owner by certified mail or personal service by law enforcement or animal control officer of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in Section 6-130 of this Ordinance. The Director also shall notify the Sheriff’s Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.

(b)        The notice shall inform the dog owner that he may request, in writing, a hearing to contest the Director's finding and designation within five (5) business days after delivery of the dangerous dog declaration notice.

(c)        If the Director cannot with due diligence locate the owner of a dog that has been seized pursuant to this Ordinance, the Director shall cause the dog to be impounded for not less than five (5) business days. If after five (5) days, the owner fails to claim the dog, the Director may cause the dog to be humanely destroyed.

SECTION 6-127. Hearing on Dangerous Dog Declaration.

(a)        The Department of Animal Control shall hold a hearing within fifteen (15) business days after receiving the dog owner's written request for such a hearing. The Department shall provide notice of the date, time and location of the hearing to the dog owner by certified mail or personal service by law enforcement or animal control officer and to the complainant by regular mail.

(b)        At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this Section shall include but not be limited to the following:

(1)        Provocation,

(2)        Severity of attack or injury to a person or domestic animal,

(3)        Previous aggressive history of the dog,

(4)        Observable behavior of the dog,

(5)        Site and circumstances of the incident, and

(6)        Statements from interested parties.

(c)        A determination at a hearing that the dog is in fact a dangerous dog as defined in Section 6-124(c) shall subject the dog and its owner to the provisions of this Ordinance.

(d)        Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this Ordinance.

SECTION 6-129. Appeal from Dangerous Dog Declaration. If the Director determines that a dog is dangerous at the conclusion of a hearing conducted under Section 6-127, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director's determination of dangerousness.

SECTION 6-130. Keeping of Dangerous Dogs. The keeping of a dangerous dog as defined in Section 6-124(c) shall be subject to the following requirements:

(a)        Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four (4) feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.

(b)        Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.

(c)        Confinement. Except when leashed and muzzled as provided in this Section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall  provide  adequate  exercise  room,   light  and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:

(1)        The structure must have secure sides and a secure top, or all sides must be at least eight (8) feet high;

(2)        The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1) foot into the ground; and

(3)        The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

(d)        Indoor Confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(e)        Signs. All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "DANGEROUS DOG."

(f)        Liability Insurance, Surety Bond.  The owner of a dangerous dog shall present to the Department of Animal Control proof that he has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the Village be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminate or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period.   In the event that the owner proves to the satisfaction of the Department of Animal Control that insurance is not available, he/she shall pay a non-refundable cash fee in the amount of one thousand dollars ($1,000) to the Village.

(g)        Animals Born of Registered Dogs. All offspring born of dangerous dogs registered with the Department of Animal Control also must be registered with the Department within six (6) weeks of birth.

(h)        Notification of Escape. The owner or keeper of a dangerous dog shall notify the Department of Animal Control immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.

(i)         Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Department of Animal Control to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be in violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this Ordinance shall result in the revocation of the dog’s license and the permit providing for the keeping of such animal.

SECTION 6-131. Permit and Tag Required for a Dangerous Dog.

(a)        The owner of a dangerous dog shall, within three (3) business days after the classification of the dog as dangerous or upon acquisition of such a dog, obtain an annual permit from the Department of Animal Control to harbor the dog. The fee for such permit shall be twenty dollars ($20.00) per year.

(b)        At the time the permit is issued, a red Dangerous Dog tag shall be issued to the owner of    the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.

(c)        The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.

SECTION 6-132. Pit Bull Dogs Presumed Dangerous. There shall be an irrefutable presumption that any dog registered with the Department of Animal Control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this Ordinance.

SECTION 6-133. Notification of Intent to Impound.

(a)        When the Director of Animal Control or his designee intends to impound a dog declared to be dangerous for violation of Section 6-130 he shall notify the owner or custodian of the dog, by certified mail or personal service by law enforcement or animal control officer, of the intended impoundment at least five (5) business days prior to the intended impoundment, except as provided in Section 6-134.

(b)        The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five (5) business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.

(c)        Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b), a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog's owner or custodian requesting such hearing.

(d)        If the owner or custodian requests a hearing pursuant to subsection (b), no impoundment shall take place until conclusion of the hearing, except as authorized in Section 6-134.

SECTION 6-134. Immediate Impoundment.

(a)        A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Director of Animal Control or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of Section 6-124 or  when  the dog bites  a person  or domestic  animal.

(b)        The owner or custodian of the dog immediately impounded pursuant to subsection (a) shall be notified of the impoundment by certified mail or personal service by law enforcement or animal control officer within five (5) business days after the dog's impoundment.

(c)        The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.

(d)        Upon request by the owner or custodian of the dog for a hearing under subsection (c), a hearing shall be held within ten (10) business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog owner requesting the hearing.

SECTION 6-135. Impoundment Hearing.

(a)        If after a hearing on impoundment, the Director or his designee finds no violation of Section 6-124, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.

(b)        Incident to the findings and conclusions made at the impoundment hearing, the Director or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:

(1)        Posting of bond or other proof of ability to respond in damages;

(2) Specific requirements as to size, construction and design of a kennel in which to house the dog;

(3)        Requirements as to type and method of restraint and/or muzzling of the dog;

(4)        Photo identification or permanent marking of the dog for purposes of identification; and

(5) Payment of reasonable fees to recover the costs incurred by the Department of Animal Control in ensuring compliance with this Ordinance.

SECTION 6-136. Destruction.

(a)        The Director of Animal Control or his designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.

(b)        The Director or his designee shall give written notice by certified mail or personal service by law enforcement or animal control officer of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten (10) business days after delivery of such notice, a hearing to contest the  intended destruction.

(c)        If no hearing is requested pursuant to subsection (b), the dog shall be destroyed pursuant to applicable provisions of law.

(d)        If a hearing is requested pursuant to subsection (b), such hearing shall be held within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion  of  the hearing.

(e)        The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the Village to humanely and safely keep the animal during any legal proceedings.

SECTION 6-137. Appeal from Order of Humane Destruction.

If the Director or his designee orders a dangerous dog to be humanely destroyed pursuant to Section 6-136, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within          ten (10) days after receiving notice of the destruction order. If an appeal is timely filed, the Director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director's destruction order.

SECTION 6-138. Change of Ownership.

(a)        Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) business days after such change of ownership or residence, provide Written notification to the Department of Animal Control of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Department of Animal Control along with written acknowledgment by the new owner of his receipt of such notification. The Director of Animal Control or his designee shall notify the Sheriff’s Department of any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.

(b)        Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this Ordinance pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog.

SECTION 6-139. Continuation of Dangerous Dog Declaration. Any dog that has been declared dangerous by any agency or department of this Village, another municipality, county, or state shall be subject to the provisions of this Ordinance for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the Department of Animal Control of the dog's address and conditions of maintenance within ten (10) days   of   moving   the   animal   into   the   Village of Trenton. The restrictions  and  conditions  of maintenance of any dog declared dangerous by this Village, another municipality, county, or state shall remain in force while the dog remains in the Village.

SECTION 6-140. Conflicting Ordinances. All other ordinances of the Village of that are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 6-141. Severability. The provisions of this Ordinance are declared to be severable. If any section, sentence, clause, or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.

SECTION 6-142. Dogs and Cats; Nuisance. The keeping, harboring, feeding, or ownership of more than three dogs six months of age or older, or more than three cats six months of age or older within the corporate limits of the Village is unlawful, and declared to be a nuisance.

This Ordinance shall be in full force and effect from and after its passage, approval and publication according law.

 

Passed and approved this 8th day of March, 2016.

 

 

__________________________

Attested to:                                                                              John A. Rundel, Chairman

 

___________________________

Wendy L. McKain, Village Clerk

 

A motion was made by Trustee Neely and seconded by Trustee McArthur to introduce and pass Resolution 2016-03-01. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel. Nays: None.  Motion carried. A condensed copy follows:

 

RESOLUTION 2016-03-01

BE IT RESOLVED BY THE CHAIRMAN AND THE BOARD OF TRUSTEES OF THE VILLAGE OF TRENTON, NEBRASKA: The Village Board hereby approves an Organization Resolution and Agreement for Credit Card Program with Commercial Card Center (Orscheln) .

 

PASSED AND APPROVED ON THIS 8 TH DAY OF MARCH, 2016.

 

           

                                                                                                                                   

John A. Rundel, Chairman

ATTEST:

 

                                                           

Wendy L. McKain, Village Clerk

 

New Business: Motion made by Frakes and second by Poppert to approve three Airport Hanger leases for J. Walker. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel.  Nays: None.  Motion carried.  Rundel stated he has not completed the employee evaluations and it will remain on the agenda for next month.

 

Correspondence: Arbor Day – March/April 2016; Community Action Partnership – 2015 Annual Report; El Dorado Newsletter; Great Plains Communications – Phone Book information; Midwest Assistance Program; State of Nebraska, Department of Roads; WasteCap Nebraska – Recycling.

Motion made by Frakes and second by Neely to approve Operating claims without claims #23 and #31, KENO claims, and Library claims. Ayes: Frakes, Neely, and Rundel.  Nays: None. Abstain: McArthur, Poppert.  Motion carried.

 

OPERATING CLAIMS:

1.    February payroll (2 pay periods)............................................................... $12,269.76

2.    EFTPS, FED (February payroll tax).............................................................. 2,929.06

3.    NE Dept. of Revenue (February payroll tax)................................................... 362.38

4.    NE Dept. of Revenue (February sales tax)................................................... 2,930.37

5.    Aflac (Sup. Ins. April).......................................................................................... 32.70

6.    American Agricultural Lab (water samples)....................................................... 17.50

7.    American Funds (February IRA)...................................................................... 183.36

8.    Blue Cross Blue Shield (February premium medical/dental)........................ 1,648.85

9.    City of McCook (transfer station tickets)...................................................... 2,139.00

10.  Colonial Life (Sup. Ins.)...................................................................................... 40.48

11.  Dewey, Nadine (library payroll)........................................................................ 232.71

12.  Eakes Office Plus (calculator)........................................................................... 29.99

13.  Evans, Larry (library payroll)............................................................................ 232.73

14.  Farmers Co-op (fuel/shop supplies)................................................................. 983.42

15.  Farmers Co-op (Prepaid Propane).........................................................................

a.    Library.................................................................................................. (156.94)

b.    Sewer Plant......................................................................................... (295.00)

16.  Fastenal (Eyewear)............................................................................................ 63.25

17.  First Bankcard (software, IIMC, postage, water conf.)................................. 1,726.35

18.  Great Plains Communications (Phone/internet)............................................... 362.66

19.  Hay, Billy (Building repairs)........................................................................... 1,867.50

20.  Ideal Linen Supply (shop towels)........................................................................ 17.26

21.  Intuit Quickbooks (sub. Renewal).................................................................... 519.00

22.  Lifetime Benefit solutions (February vision premium)........................................ 53.34

23.  McArthur, Jessy (#1 & #8A repairs)................................................................. 637.26

24.  MNB (February IRA)........................................................................................ 332.16

25.  McKain, Wendy (mileage, meals, dues).......................................................... 405.76

26.  Municipal Supply (key, hymax cplg.)............................................................... 258.60

27.  MWC (5 2-yard dumpsters)........................................................................... 2,350.00

28.  National Insurance (February life, ad&d prem).................................................. 19.17

29.  NE Dept. Public Health (pool permit renewal)................................................... 40.00

30.  Orscheln (shop supplies).................................................................................... 60.11

31.  Poppert, Austin (Main St Building).................................................................... 600.00

32.  RW Welding (bracket for street signs)............................................................... 47.50

33.  Schroeder & Schroeder (Attorney fees)....................................................... 1,768.80

34.  Southwest Fertilizer (Prepaid propane)

a.    Fire Barn........................................................................................... (2,975.09)

b.    Light Plant............................................................................................ (464.35)

35.  SWPPD (Feb billing $42,865.25; airport $5.92; north well $256.66;

south well $707.73, Construction report $2,753.36).................................... 46,588.92

36.  Top Office (copier lease/supplies)...................................................................... 87.90

37.  Verizon (February billing).................................................................................. 177.65

38.  Village of Trenton (utilities)............................................................................ 3,161.84

39.  Village of Trenton Petty Cash (#21 car wash)..................................................... 3.00

40.  Walmart (supplies).............................................................................................. 88.08

 

EDM CLAIMS (EDM Checking Account):

         NONE

 

KENO CLAIMS (Keno Checking Account):

         NONE

 

LIBRARY CLAIMS (Library checking account):

         L1. First Bankcard (amazon purchases) ................................................................ 169.55

 

With no further business, motion made by McArthur and second by Poppert to adjourn meeting at 8:47pm.  Ayes: Frakes, McArthur, Neely, Poppert and Rundel. Nays: None.  Motion carried.

 

Special meeting will be March 23, 2016 at 6:30pm in the Village Office to discuss Audit Report, update on water main project, and Keno funds for HC Baseball Association.

 

Next regular meeting will be April 12, 2016 at 6:30pm in the Village Office.

 

 

                                                                                                                                                                       

John A. Rundel, Chairman

Trenton Board of Trustees

ATTEST:

 

                                                           

Wendy L. McKain, Village Clerk



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