03/04/2014 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
March 4, 2014
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
March 4, 2014. Notice of the meeting was given in the Grand Island Independent on February
26, 2014.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Mitch Nickerson, Julie
Hehnke, and Linna Dee Donaldson. Councilmembers Kent Mann, Chuck Haase, and Peg Gilbert
were absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director
Jaye Monter, and City Engineer and Public Works Director John Collins.
INVOCATION was given by Community Youth Council member Joe Huston followed by the
PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Joe Huston.
SPECIAL ITEMS:
Presentation of City Code Chapter 5 – Animal Code and Related Changes. Assistant City
Attorney Stacy Nonhof reported that a lot of work had gone into the proposed changes for
Chapter 5 of the Grand Island City Code relating to Animals. The Legal Department had worked
closely with the Central Nebraska Humane Society and the Animal Advisory Board and both had
approved the recommended changes to Chapter 5 along with changes to the Approved Animals
List and the Waiver Schedule.
Ms. Nonhof stated the proposed changes would bring Chapter 5 of the City Code up to date,
promote a more livable community, define stronger penalties and establish realistic enforcement.
Reviewed were the proposed changes in Chapter 5. §5-1 Definitions were explained.
§5-2 Animal Advisory Board would increase the number of members from 7 to 9. Appointed
members would include: 1 licensed veterinarian, 3 residents of the City of Grand Island, and 1
member of the City Council. Non-appointed members would include: Chief of Police or their
designee, Director of the Health Department or their designee, City Attorney or their designee,
and the Director of the Animal Control Authority or their designee.
Clarified was the City Council appointment would be made by the Mayor with Council approval
and the increase in the board was an addition of 2 residents of the City of Grand Island.
§5-3 Procedure of Animal Advisory Board was reviewed with voting members of the Board
being the veterinarian, 3 residents of the City of Grand Island, City Council member, Chief of
Page 2,City Council Study Session,March 4,2014
Police, Director of the Animal Control Authority, and the Director of the Health Department.
The non-voting member would be the City Attorney.
Article II. Commercial Animal Establishments §5-7.1 Selling animals on City or private property
was a new section of the City Code. This would require obtaining written permission of the
property owner to sell animals. Refusal to leave upon request would be punishable by a fine.
Article IV — Animal Care §5-14 Shelter defined what was acceptable shelter. §5-15 Enclosure
defined acceptable enclosures, restraint systems and that the enclosure other than a yard fence
must be 10 feet from the property line. §5-18 Number of Animals; Limits would reduce the
number of rabbits from 30 to 15, the number of birds from 64 to 30 and would allow residential
property to have up to 8 chicken hens, but must be properly confined at all times at least 15 feet
from property line.
Comments were made concerning current enclosures. Ms. Nonhof stated those in place would be
grandfathered. Councilmembers commented on the number of phone calls received from citizens
not wanting chickens in the City.
Article IV — Animal Care §5-21 Food, Water Health Care, Grooming ; Owner's Duty provided
for the minimum standards of pet ownership with regards to shelter, grooming requirements,
enclosure safety and health care.
Dr. Missy Girard, 210 Stolley Park Road, Animal Board member answered questions concerning
the dangers of matting of the fur. Ms. Nonhof answered questions regarding enforcement. She
stated most issues were complaint driven. Explained was the process Animal Code Officers take
to resolve the problem. Barking dogs were discussed. Ms. Nonhof stated there were 3,000 pet
licenses last year.
Article IV — Animal Care §5-22 Cruelty to Animals Prohibited added this subsection making it
unlawful to leave an animal unattended in a dwelling, motor vehicle or trailer under such
conditions or for a period of time that endangered the health or well-being of the animal.
Article VI — Animal Control §5-34 Running at Large made the restraint system consistent with
prior sections and now applied to all animals not just dogs. This section gave the Animal Control
Authority or law enforcement the discretion to either impound the animal or return it to the
owner.
Article VI —Animal Control §5-5-34.1 Animal Training and Shows had been removed as it was
discovered this provision of the Code was not used and no longer was needed.
Article VI — Animal Control §5-36.1 Dangerous and Potentially Dangerous Animals; Actions
Required; Costs was a new section. This would require animals declared dangerous or potentially
- dangerous to be spayed or neutered and implanted with a microchip within 30 days of being
declared. Costs of the procedures would be the responsibility of the owner and failure to comply
would subject the animal to impoundment. This section also subjects the owner to a fine — each
and every day after the initial 30 days that these actions are not taken.
Page 3,City Council Study Session,March 4,2014
Ms. Nonhof stated the reasons for spaying or neutering an animal was for behavior modification.
Dr. Girard explained micro chipping. She stated most dangerous dogs had not been spayed or
neutered. City Attorney Robert Sivick commented on the due process of declaring an animal
potentially dangerous or dangerous.
Article VI—Animal Control §5-38 Animal Noise would subject the owner of the animal to a fine
and the owner to a Nuisance Owner declaration.
Article IV — Animal Control §5-40 Wild Animals Prohibited would add Section D making the
owner of an animal subject to a fine if the owner fails to obtain an animal license.
Discussion was held regarding the Approved Animal List and the need to license these animals.
Article VII — Penalties §5-46 Nuisance Owner was re-written. This section would provide a
procedure for having an owner declared a Nuisance Owner. The Nuisance Owner declaration
requires the owner to surrender the animal to the Animal Control Authority. The Owners could
appeal the declaration to the Animal Advisory Board. Nuisance Owners would be prohibited
from owning or residing with any animal for a period of 2 years from the date of declaration. If a
Nuisance Owner was found to be in possession of an animal, the Animal Control Authority may
immediately impound the animal. Any violation is subject to a fine — a continuing violation is
subject to daily fines.
Ms. Nonhof stated the appeal process for the Nuisance Owner was the same as the appeal for a
dangerous animal. City Attorney Robert Sivick stated prohibiting citizens from owning pets was
done to protect society. There were very few cases this would apply to.
Article VIII —Appeal Procedure §5-47 Dangerous and Potentially Dangerous; Nuisance Owner;
Declaration; Appeal; Disposition would add Nuisance Ownership and reduces the allowed
presentation time from one hour to thirty minutes per side.
Reviewed was the Waiver Fine Schedule Updates which would bring the schedule into
conformity with City Code. This would increase fines for Chapter 5 and Chapter 16 violations. It
would also include a list on the schedule violations of Chapter 17 that were not previously on the
Schedule. It would increase the fine for Shoplifting and would create a second offense and would
clarify violations in Chapter 22. Increased fines for third offense violations of §39-4 and §39-5
were also included. Ms. Nonhof stated all fines go to the school system.
Ms. Nonhof stated the last updated Approved Animal List was on February 16, 1998. These
changes would reflect the reality of the situation now. Changes were in conformity with the
definition of wild animals in Chapter 5 of the City Code which included animals that were
currently sold in Grand Island. The list conformed to the Nebraska Game and Parks.
Compliments were made to the Animal Enforcement Officers present and the work they do along
with the Animal Advisory Board. It was the intention to bring this back to Council. Council
recommended not bringing this back at next week's meeting.
Page 4,City Council Study Session,March 4,2014
Lauri Dethloff, Central Nebraska Humane Society Executive Director thanked the Council for
taking the time to look at this topic and being pro-active. After discussion with the Council
Mayor Vavricek recommended this issue would come back to Council on March 25, 2014.
ADJOURNMENT: The meeting was adjourned at 9:00 p.m.
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RaNae Edwards
City Clerk