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 DEFINED. 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.
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