January 19, 2010
The Mayor and Council of the Town of
Kenneth
O. Stinson, Mayor
Harold
R. Douga, Council Member
William
“BB” Loyd, Mayor-Pro-Tem
Paul
Patin, Council Member
ABSENT: None
ALSO PRESENT:
The
following Reports were submitted:
Total Payroll for December, 2009 $ 89,141.31
Total Receipts for December, 2009 $
955,984.08
Total Disbursements for December, 2009 $
973,913.53
Total Bills for December, 2009 $ 496,744.82
|
|
|
|
Kenneth O. Stinson, Mayor called the meeting to order. Chaplin Tatum led in prayer, and there
followed the Pledge of Allegiance.
Mayor Stinson introduced Mr. Joe Hill the newly appointed aide
for Congressman Charles Boustany.
It was moved by Council Member Merchant
that the minutes of prior meeting/s, copies of which were mailed to each
Council Member, be approved as written.
The motion was seconded by Council Member Patin and carried.
Mary Vice, City Clerk gave the
monthly Administration Department report.
Bills for the month of December, 2009,
were approved and payment authorized upon a motion by Council Member Loyd,
seconded by Council Member Bujard and carried.
Mayor Stinson updated the governing
authority on pending grants and projects.
Mayor Stinson called upon Byron Racca,
Engineer to announce the bid evaluation and award recommendation concerning the
bids received for the Phase II Sidewalk Project.
Mr Racca reported the following summary
of the seven (7) bids received:
Apeck
Construction, Inc. $247,193.75
Simco
Enterprises, LTD $312,810.00
McManus
Construction, Inc. $314,355.00
Quality
Construction Specialists, Inc. $336,416.00
Prairie
Contractors, Inc. $338,280.10
Civil
Construction Company &
Environmental
Services, Inc. $352,065.75
R.
Cloud Construction Co., Inc. Non-Responsive
Upon the recommendation of the
Engineer, it was moved by Council Member Merchant that the low bid submitted by
Apeck Construction, Inc. in the amount of $247,193.75 be accepted. The motion was seconded by Council Member
Loyd and carried.
Mayor Stinson discussed applying for
grants with the S/W Louisiana Convention and Visitor Bureau and Keep
It was moved by Council Member Loyd
that the following Resolution be adopted.
The motion was seconded by Council Member Merchant and the vote cast
thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
RESOLUTION
BE IT RESOLVED by the governing
authority of the Town of Vinton, Louisiana, in regular session convened that
Mayor Kenneth O. Stinson is hereby authorized and empowered to apply with the
Southwest Louisiana Convention and Visitor Bureau for a grant in the amount of
$22,000.00.
BE IT FURTHER RESOLVED that the Mayor
is further authorized to sign all pertinent documents regarding this grant.
APPROVED AND ADOPTED this 19th
day of January, 2010.
________________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
_____________________________________
Mary O. Vice, City Clerk
It was moved by Council Member Douga
that the following Resolution be adopted.
The motion was seconded by Council Member Loyd and the vote cast thereon
was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
RESOLUTION
BE IT RESOLVED by the governing
authority of the Town of Vinton, Louisiana, in regular session convened that
Mayor Kenneth O. Stinson is hereby authorized and empowered to apply with Keep
Louisiana Beautiful for a grant that would assist in the ongoing process of
beautification in the Town of Vinton.
BE IT FURTHER RESOLVED that the Mayor
is further authorized to sign all pertinent documents regarding this grant.
APPROVED AND ADOPTED this 19th
day of January, 2010.
________________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
_____________________________________
Mary O. Vice, City Clerk
It was moved by Council Member Patin
to hear an item regarding a pending demolition project that was not put on the
agenda. The motion was seconded by
Council Member Loyd and carried unanimously.
Mr. Brent Nezat reported to the
governing authority that he was unable to remove all the debris from the
property at
It was moved by Council Member Patin
to allow Mr. Nezat until Monday, January 25, 2010, to have all the debris
removed from the property at
Attorney Minaldi read the proposed
Animal Control Ordinance aloud.
It was moved by Council Member
Merchant that the regular meeting be recessed for a Public Hearing on the
proposed Animal Control Ordinance. The
motion was seconded by Council Member Bujard and carried.
There being no public comment, it was
moved by Council Member Douga that the regular meeting be re-convened. The motion was seconded by Council Member
Bujard and carried.
It was moved by Council Member Douga
that the following Ordinance be adopted.
The motion was seconded by Council Member Bujard and the vote cast
thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
AN ORDINANCE
AMENDING CHAPTER 5, ANIMALS AND FOWLS, OF THE CODE OF ORDINANCES OF THE TOWN OF
VINTON; DELETING EXISTING SECTIONS 5-3 AND 5-4 OF ARTICLE I, AND DELETING
EXISTING ARTICLES II, III AND IV, AND SUBSTITUTING IN THEIR PLACE
THE BELOW
ARTICLES II, III AND IV
WHEREAS, the Board of Aldermen of the Town of Vinton
believe that the Town of Vinton’s ordinances addressing animals and animal
control, and the Town of Vinton’s work associated therewith, would be improved
by up-dating and revising the ordinances.
NOW, THEREFORE, BE IT
RESOLVED that the Code of Ordinances, Town of Vinton, Louisiana, is hereby
amended by deleting in their entirely the existing animal control ordinances
Sections 5-3 and 5-4 of Article I, as well as deleting in their entirety
Articles II, III and IV, and substituting in their place the below Articles II,
III and IV, all of which shall read as follow:
ARTICLE
II. CRUELTY AND DISPOSITION OF CARCASSES
It shall be unlawful to be cruel or inhumane to any animal or
fowl. Such cruelty or inhumanness shall include, but not be limited to,
beating; torturing; overloading; overdriving; mutilating; failing to provide
adequate food, adequate water, appropriate shelter, basic medical or veterinary
care; abandoning; poisoning or cruelly killing any animal or fowl. It shall be unlawful to encourage or permit
any dog fight, cock fight, or other combat between other animals, or between
humans and animals.”
State law references: Cruelty, to animals, R.S. 14:102.
Sec. 5-2. Disposition
of Livestock and Animal Carcasses
In an effort
to prevent, control or eradicate contagious or communicable diseases of mules,
horses, cattle, sheep, goats, and swine throughout the state, it is unlawful to
dispose of and/or bury the carcasses of livestock within the Town limits. Further, all domestic animals shall be
disposed of in a sanitary manner by deep burial. Burial in this sense means
that the animal carcass shall be placed in a hole or pit not less than four (4)
feet as applying to carcasses of domestic pets. It shall be unlawful to allow the carcass of
any dead animal to remain on the property of the owner of the animal, or on the
property of another person, without disposing of the carcass in the sanitary
manner of deep burial or other legal burial or disposition outside of the Town
limits.
State
law references: Similar provisions,
R.S. 3:2131.
Secs. 5-3--5-20.
Reserved.
ARTICLE
III. LIVESTOCK*
__________
State law references: Livestock not to run at large on highways, R.S. 3:2803;
election thereon, R.S. 3:2801.
__________
DIVISION 1. GENERALLY
For the
purpose of this article, the following terms are defined:
At-large: Shall apply to any animal of a type mentioned in Section
5-24 which is found at any time unattended by the owner or an agent or employee
of the owner, at any place within the prohibited zones other than fenced and
enclosed land either belonging to the owner of the animal or under his use and
control by virtue of a lease or other contract.
Livestock: Any animal of the species of horses, mules, asses,
cattle, swine, sheep, goats, ratites, and poultry generally bred for profit.
Owner of
livestock: Any person owning or
having control of livestock.
Sec. 5-22. Enforcement of this article.
The
designated employees of the Town of Vinton, and during the term of any relevant
Joint Services Agreement, the officers and employees of the Calcasieu Parish
Animal Services and Adoption Center operated by the Calcasieu Parish Police
Jury, shall enforce this article and
shall take possession of and impound any livestock found at large in violation
of this article.
Any owner, harborer, or possessor of livestock found
to be in violation of the provisions of 5-1, 5-2, 5.4, 5.24, 5-26, or 5-28,
shall be subject to the fines as provided herein.
DIVISION 2. STOCK LAWS
As provided
in L.R.S. Section 3:3007 et seq., it shall be unlawful for the owner to harbor,
possess or keep or to allow any livestock to rove, roam, or be at large or to
sleep upon or at any place within the Town limits, which for the purpose of
this article shall be known as the "prohibited zones."
DIVISION 3. PROHIBITION IN OTHER AREAS
Sec. 5-26. Prohibited on parish road
rights-of-way.
It shall be
unlawful for the owner to allow any livestock to rove, roam, or be at large on
any of the parish road rights-of-way.
Sec.
5-28. Prohibited on enclosed cemetery land.
It shall be
unlawful to willfully or negligently permit any such livestock to run, roam, or
be at large on any land wherein there is a public or private cemetery which has
an independent or separate enclosure within the Town limits or within the
confines of the parish.
Section. 5-29--5-35.
Reserved.
ARTICLE
IV. DOMESTIC ANIMALS
DIVISION 1. GENERALLY
For the
purpose of this article, the following terms, phrases, words, and derivations
shall have the meaning given in this division unless it shall be apparent from
the context that a different meaning is intended:
Abandonment shall mean the act of
relinquishment of the custody of an animal without making arrangements for its
care, or leaving an animal confined without providing adequate shelter, water
and feed.
Adequate
feed shall mean the
provision at certain intervals, not to exceed twenty-four (24) hours, of a
quantity of wholesome foodstuff suitable for the species and age, sufficient to
maintain an adequate level of nutrition in each animal.
Adequate shelter shall mean a
structurally sound enclosure made with such materials so as to provide the
animal with shade and protection from extreme temperatures or elements.
Adequate
water shall mean constant
access to a supply of clean, fresh water provided in a sanitary manner or
provided at certain intervals appropriate for the species, not to exceed
twenty-four (24) hours at any interval.
Animal shall mean mammals, birds, fowl, reptile, amphibian, and fish,
except when referring specifically to the control of rabies when the word
"animal" shall mean only mammal. For the purposes of this article,
animal shall not include homo sapiens.
Animal
Services and Adoption Center shall mean the
Calcasieu Parish Animal Services and
At-large An animal shall be deemed at large if, while
unaccompanied by its owner or keeper, it is unrestrained on any road, street,
public place, or trespasses on the premises of any person other than its owner.
Hunting, law enforcement and stock dogs while being worked by a responsible
person shall not be defined as at-large.
Attack
shall mean aggressive, unprovoked behavior by an animal that would
involve biting and/or shaking of its victim.
Basic
medical care shall
mean general health treatment expected for the care of the animal, as
prescribed by the American Veterinary Medical Association.
Bird shall mean any of a class (Aves) of warm-blooded
vertebrates distinguished by having the body more or less completely covered
with feathers and the forelimb modified as wings. For the purposes of this
article, fowl, poultry, or ratites are not defined as birds.
Bite shall mean for purpose of this ordinance any puncture,
tear, or abrasion of the skin inflicted by an animal.
Cat shall mean a feline or the family
thereof, either domestic or feral.
Collar shall mean a band, chain, harness, or other device worn
around the neck of an animal to which a vaccination tag may be affixed.
Confinement
devices
shall mean an electronic or signal system designed to act as a boundary or
enclosure.
Confinement requirements (dangerous) shall mean a securely enclosed and locked pen or structure
suitable to prevent a dog from coming into contact with a human being other
than the owner or any other animal and designed to prevent the animal from
escaping. The pen shall be constructed
of 9-gauge material or stronger. The pen
shall be no smaller than one hundred (100) square feet in area with sides no
shorter than six (6) feet. The sides
must be embedded into the ground not less than one (1) foot if the pen is not
on a concrete slab. Pen or dog run area
must also have a secure top connected to the sides to assure that the animal
cannot climb out. It shall also include
a material, dog house or area to provide the dog with shade and protection from
the elements. The pen shall provide a
humane existence for the dog in addition to protection from the elements. When
allowed on a leash, owner will muzzle dog.
Confinement requirements (general) shall mean a securely
enclosed yard, premises, pen, structure, or device, with adequate shelter, on
the owner’s property, suitable to prevent a dog from leaving the owners
property. Any dog confined within a fenced yard must have an adequate space for
exercise having dimensions not less than one hundred (100) square feet. Where dogs are kept or housed on property
without a fenced yard, the enclosure for such dogs shall be constructed of chain
link or other material that permits adequate ventilation with all sides
enclosed and shall contain an area of not less than one hundred (100) square
feet. The enclosure shall be of
sufficient height to prevent the dog from escaping. The area shall have a top, a dog house, or
other area constructed with such materials so as to provide the dog with shade
and protection from the elements.
Cruelty shall mean
an act inflicted upon an animal with malicious intent to cause pain and or
suffering to the animal.
Dangerous
animal
shall mean any animal that has demonstrated in
overt ways a propensity to endanger the safety of humans or other animals by
threatening, chasing, or growling without provocation on or off the premises of
the owner.
Director shall mean the Director of the Calcasieu Parish Animal
Services and
Dog shall mean relating to canines, the family canidae, not
including wildlife.
Domesticated
animal
shall mean an animal whose species has adapted to life in close association
with a human caretaker.
Euthanasia shall mean the humane destruction of any animal
accomplished by a method that involves the use of an agent which produces
painless loss of consciousness and subsequent death during such loss of
consciousness.
Exotic
species shall mean any
species of animal born or whose natural habitat is outside the continental
United States as well as any
non-domesticated animal indigenous to the U.S.A. which can normally be found in
the wild state which is legally marketed within the pet market (see also wildlife/wild
animal below).
Health
unit shall mean the
Calcasieu Parish Health Unit operated by the
Humane society shall mean a
not-for-profit 501(c) 3 status organization acting on behalf of the welfare of
animals.
License shall mean a license given at the time the animal is
vaccinated against rabies identifying the animal as residing in the parish.
License
fee shall mean a fee as
set by the
Micro-chip shall mean an identification device approved by the
Animal Services and
Mutilating shall mean a physical alteration of
any domesticated animal by anyone not trained to do so.
Owner shall mean any person, business, corporation, or other
legal entity who keeps in his care, harbors, acts as custodian or guardian,
permits an animal to remain on his premises, or feeds the animal for more than
three (3) days.
Provoke shall mean
any action which arouses, tempts, stimulates, or stirs an animal to action.
Town
Employees shall
mean the employees and officers of the Town of
Unsanitary
conditions
shall mean any conditions which encourage the breeding of parasites, insects,
and flies and causes odors offensive to a reasonable person.
Vaccination
against rabies shall mean an
inoculation with a recognized anti-rabies vaccine by
a licensed veterinarian or other qualified person under the direct supervision
of a veterinarian.
Vaccination
license certificate shall mean a serially
numbered certificate, approved by the Director, giving the name of the animal
owner, description of animal, year issued, valid time period, and certifying
the animal was vaccinated against rabies and licensed by the parish.
Vaccination
license tag shall mean a suitable
tag approved by the Director bearing the same number as the vaccination license
certificate and the year issued.
Veterinarian shall mean any person duly licensed to practice
veterinary medicine by the state of his residency.
Veterinary
hospital shall mean a place
where medical and surgical treatment is administered to the animals by or under
the direct supervision of a veterinarian.
Wildlife/wild
animal shall mean any animal
which occurs naturally, either presently or historically, in a wild state
within the boundaries of the
Sec. 5-38. Enforcement by Director.
The
provisions of this Ordinance shall be enforced, during the term of any relevant
Joint Services Agreement by the Director and his designated agents with the
assistance of parish or municipal law enforcement officials and the
Sec. 5-39. Interference with Director or
designated agents.
No person
shall interfere with, hinder, or molest the Director or his designated agents,
or the Town Employees, in the performance of any duty of such agents or seek to
release any animal in the custody of the Director or his designated agents, or
in the custody of the Town Employees, except as provided in this article.
Sec.
5-40. Citation.
The Director or his designated agent and the Town Employees
each shall have the authority to issue a citation for violation of the
provisions of any Section of this Ordinance subject to the fine as provided in
Section 5-78.
Sec.
5-41. Reserved for future use.
(a) The Director or his designated
agent, and Town Employees, may designate an animal a nuisance if it engages in
any of the following non-exclusive behaviors or activities:
(1) Molests passersby, moving vehicles, or
other animals while at-large;
(2) Damages private or public property;
(3) Barks,
whines, or howls in an excessive, continuous, or untimely manner; or
(4) Causes
unsanitary conditions or odors about the premises of the owner or others
through urination or defecation.
Upon sworn statements of
two (2) witnesses, not in the same household, in the immediate neighborhood,
and upon investigation by the Director or his designated agents, and upon declaration
that an animal is a public nuisance under this Section, the animal may be
seized by the Director or his designated agents, or by Town Employees, and
impounded at the Animal Services and Adoption Center. Repeat offenses will
require the same pattern.
(b) Provided
further, upon the third offense by the owner of the animal, the owner shall be
served written notice that upon the fourth offense the animal shall be
impounded by the Director or his designated agents and shall receive a citation
with a specified time period during which to respond to the Director. Failure to respond shall cause said animal to
become the property of the Animal Services and
The owner of
any animal deemed dangerous as defined in this Ordinance, shall be subject to
the following:
(a)
Shall
effectively confine and control the animal at all times in accordance with the
dangerous confinement requirements.
(b)
Shall
be issued a written notice of confinement requirements (dangerous) stating the
animal shall not be in violation of said requirements as defined by this
section. Confinement shall be
immediate. If confinement requirements
(dangerous) as defined herein are not immediately available, the animal must be
confined at the Animal Services and
(c)
Any
owner seeking to reclaim a dangerous animal impounded under the authority of
Section 5-62 shall also be notified in writing of confinement requirements
(dangerous).
(d)
Shall
have the animal micro-chipped and two (2) color photographs will be provided
for ID purposes, and the information shall be turned over to the Animal
Services and Adoption Center, and the permanent confinement area shall be
inspected before the release of the animal to the owner.
(e)
Shall
not permit a "dangerous" dog to go beyond said confinement unless
such dog is securely leashed and muzzled or otherwise securely restrained and
muzzled. Said muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration, but must prevent it from
biting any person or animal.
(f)
Any person found in violation of the
confinement requirements (dangerous) shall have their animal impounded and
shall receive a citation with a specified time period during which to respond to the Director. Failure to respond to the citation shall
cause said animal to become property of the Animal Services and Adoption Center
and further cause disposal of the animal by euthanasia in accordance with this
ordinance and shelter policies as ordered by the Director or his designated
agent without further notice to its owner who will be assumed to have abandoned
the animal.
(g)
The owner shall notify the Animal Services
and
`(State Law References:
Similar provisions, R.S. 14:102.12 – 102:18
Sec.
5-45. Dogs in public parks and recreation areas, school grounds, or
cemeteries.
All dogs permitted in any public
park, recreation area, school grounds,
other public places, or cemeteries shall be on a leash,
unless otherwise permitted by specific policy or Town ordinance.
Sec. 5-45.1. Dogs in tenement yards.
It shall be
unlawful for the owner or keeper of any dog to allow such dog to be
unrestrained on the property of any multi-family dwellings.
Sec. 5-47. Dogs running at large--Prohibited.
No person
shall suffer or permit any dog in his possession, or kept by him about his
premises, to run at-large on any unenclosed land or trespass upon any enclosed
or unenclosed lands of another.
Any citizen
may, or law enforcement officer shall, seize any dog found unaccompanied by its
owner or keeper and running at-large on any road, street, or other public place
or trespassing on any premises other than the owners’. Citizen must contact Animal Services and
For purposes
of this section, any person, business, corporation, or other legal entity that
keeps in his care, harbors, acts as custodian, or permits an animal to remain
on or about his premises, or is the registered owner of such animal shall be
deemed the owner or keeper of said animal.
Any person
owning, harboring, or controlling a dog, whether vaccinated or unvaccinated,
licensed or unlicensed, shall always keep such animal from running at-large by
either:
a.
Securely confining such animal within an
appropriate fence, enclosure, or confinement device as prescribed herein or
within a house, garage or other building or by accompanying the animal at all
times or where otherwise required, on a leash.
b.
For the purpose of this Section, “secure
confinement” means securing the dog in an area from which the dog cannot escape
based on the size and breed of the dog while providing for appropriate and
humane care of the animal while in such confinement.
c.
No person shall chain, tie, fasten or
otherwise tether a dog to a dog house, a tree, a fence or other stationary
object as a means of secure, permanent confinement to property, except by a
system approved by the Director or his designated agent.
Sec. 5-48. Reserved
Sec. 5-49 Dogs Running at Large - Penalty.
In addition to the fines specified
herein, the owner, harborer or possessor of a dog who is found at-large must
have the dog micro-chipped in accordance with Section 5-65. If the dog has not already been rendered
sterile, the owner shall be encouraged to have the animal spayed or neutered
within seven (7) days of redemption or return.
If the impoundment for said animal is a second offense, the provisions
of this Section will be mandatory.
Verification from the veterinarian performing surgery for sterilization
shall be provided by the animal’s owner to the Animal Services and
Secs.
5-50-5-55. Reserved.
DIVISION 2. RABIES CONTROL
Sec.
5-57. Mandatory Vaccination.
Every owner
of a dog, cat, or ferret shall cause said animal to be vaccinated initially
with a series of two vaccinations, the first to be administered at or about three
(3) months of age, the second to be administered at or about one (1) year after
the initial vaccination. Dogs, cats, or
ferrets initially vaccinated later than three (3) months of age shall also be
administered a series of two vaccines, the second vaccine to be given at or
about one (1) year after the initial vaccination. Subsequent booster vaccines shall be
administered at or about one (1) year after the administration of the vaccine
that confers one (1) year of immunity and at or about three (3) years after the
administration of a vaccine that confers
three (3) years of immunity. Any animal
not vaccinated according to this section shall be subject to impoundment.
Sec. 5-58. Same--Who administers.
The owner may
take his animal to a veterinarian of his choice for all required vaccinations
and licensing by the parish or may avail himself of the clinics provided for in
this article. Any individual or entity offering vaccinations to the public is
responsible for contacting Animal Services and
Sec. 5-59. Clinics: Vaccine and
Micro-chipping.
The health
unit is authorized to sponsor public clinics at any place or time of its
choosing for rabies vaccinations and to arrange for the services of
veterinarians at the clinics. At the clinics the veterinarian shall supply the vaccine, and the Director shall supply
the vaccination license certificates and tags. The parish health unit shall supply
administrative personnel. Authority shall be granted for the Animal Service and
Sec. 5-60. Issuance of license certificate.
Upon having
an animal vaccinated for rabies, the owner is required to pay the parish
license fee as set forth by the Animal Services and
Sec. 5-61. Lost tag replacement.
Lost
vaccination license tags may be replaced on presentation of a vaccination
license certificate and payment of a fee as set by the Animal Services and
Sec. 5-62. Confinement of rabies and suspect
animal.
The owner of
any animal that has rabies or symptoms thereof or has been exposed to rabies or
has bitten or scratched anyone, whether the animal be on or off the owner's
private property, whether vaccinated or not, shall hereby notify the Director
or his designated agents, and on demand, transfer the animal to the Animal
Services and Adoption Center for the purposes of observation. All charges related to the observation/quarantine
period shall be paid in full, in advance, at the time of transfer. However, if the owner chooses, he may
transfer the animal to a veterinary clinic for observation for a period not
less than ten (10) days and provide the Animal Services and
Sec. 5-63. Impoundment required of untagged
dogs, exceptions.
Any dog not
wearing a collar with a current license tag may be impounded by the Animal
Services and Adoption Center, whether said dog is on or off the premises of its
owner, and thereafter returned to its owner or humanely euthanized, as the
circumstances may require, all according to the conditions, rules, regulations,
and requirements concerning the impounding of dogs as herein set forth. Animals received or impounded are eligible to
be micro-chipped, at the discretion of the Director.
As an
alternative to impoundment, if said dog is not wearing a collar with a current
license tag, the animal may be allowed to remain on the property after
compliance with confinement requirements as set forth herein.
The owner of
the dog may be fined as provided for in Section 5-78.
Sec. 5-63.1. Reasons for impoundment.
Whenever
animals are kept within any building or on any premises without food, water, or
basic veterinary care and attention; are kept in violation of the provisions of
this Chapter; are infected with disease; or are kept under conditions which
could endanger the public health or create a nuisance, it shall be the duty of
the Animal Services and Adoption Center to enter said building or premises and
impound said animals. Animals so impounded shall not be released before the
reason for causing said impoundment has been corrected in the opinion of the
Director or his designated agents.
Sec.
5-64. Same--Holding period.
An animal
impounded at the Animal Services and Adoption Center shall be kept for a period
of five (5) days excluding weekends and holidays, and unless claimed by its
owner in said time, all rights of the animal held by the owner shall be
forfeited and title to the animal shall pass to the Animal Services and
Adoption Center. All animals not claimed
after the ten (10) day observation/quarantine period shall also be considered
forfeited. Failure by an owner to claim
an animal, traceable to that owner by means of license tag registration,
micro-chip or owner acknowledgement, does not relieve said owner of charges and
penalties assessed as provided for herein. Repeated offenses will incur fines
Sec. 5-65. Same-Redemption and
micro-chipping.
The owner
upon producing satisfactory proof of ownership may reclaim his animal upon
complying with the vaccination, collar, tag, and violation penalties, as
provided for in this article, together with the payment of impoundment and board
expenses as set by the Calcasieu Parish Police Jury. All animals adopted or
redeemed which do not already have implanted in them a micro-chip, shall have
the same implanted in them prior to release at the owner's expense.
Any animal
held by the Animal Services and Adoption Center may be adopted by a new owner
provided the Director or his designated agents deem it suitable for release and
the prospective owner agrees to the adoption procedure set by the Director and
makes payment of all fees imposed. No
dog or cat shall be released for adoption without being spayed or neutered or
without written agreement from adopter guaranteeing that the animal will be
altered within a specified time.
Sec. 5-67. Same-Disposition of unclaimed or
diseased animals.
When an
animal has been impounded for five (5) full days, excluding weekends and
holidays, and its owner has not appeared to reclaim it, it shall be disposed of
by euthanasia unless the prospects of finding it a home or any other reason
justifies detention for a longer period of time, all of which shall be at the
discretion of the Director or his designated agents. However, a diseased or
injured animal may be destroyed immediately and prior to the expiration of five
(5) days, if in the opinion of the Director or his designated agents and a
licensed veterinarian, if possible, its condition is such that imminent
destruction is necessary as a humane gesture and for the protection of other
animals with which an animal may come in contact. A licensed veterinarian need
not be contacted in the case of an animal without collar and tags or
identifiable tattoo or registered micro-chip.
Secs.5-68-5-75.
Reserved
DIVISION 3. EXOTIC/WILD ANIMALS
(a)
For
purposes of this division, "exotic/wild
animal" shall mean (1) any animal or fowl which is not normally
domesticated or kept as a pet; (2) any animal or fowl, traditionally considered
as a non-domesticated animal; (3) any animal or fowl which, as a species, has
demonstrated in overt ways or is commonly known to have a propensity to bite or
inflict harm on human beings without provocation, including, but not limited
to, lions, tigers, cougars, leopards, bears, poisonous snakes, poisonous
lizards, poisonous amphibians, alligators, squirrels, skunks, raccoons, foxes,
wolves, otters, monkeys, prairie dogs, and kangaroos; and (4) wild animals
crossbred with domestic animals to create hybrids considered wildlife by the
Compendium of Public Health Veterinarians and the Department of Health and
Hospitals.
(b)
It
shall be unlawful to own, keep, possess, maintain, or harbor any exotic/wild
animal.
(c)
It
shall be unlawful to harbor any snake in any apartment house in the parish.
(Ord. No. 3842, § 3,
12-5-96)
This article
shall not apply to exotic/wild animals that are totally helpless and, because
of such helplessness, require the care of human beings in order to survive.
Said animal shall be required to be under the care and custody of a licensed,
accredited, and/or permitted person or organization.
This article
also shall not apply to animals in traveling shows, exhibitions, and carnivals
which present non-domesticated animals for display or use such animals, as set
forth herein, in their acts, as permitted under the United States Department of
Agriculture, Animal and Plant Health Inspection Service-Animal Welfare Act, nor
does it exempt such animals protected under L.R.S. 14:102.
DIVISION 4. FINES AND
EXPENSE CHARGES
Section
5-78. Expense Charges.
In addition to the assessment of
a fine under this ordinance, where appropriate, the Director or his designated
agents may assess a charge for reimbursement of overhead and expenses incurred
in the enforcement of the provisions of this Section.
a.
The charge which may be assessed for all
infractions of any provision shall be in accordance with the fee schedule as
set by the
Fines for violations of this
ordinance are as follows:
a.
For Section 5-1 Cruelty/Neglect: $250
Second offense $ 500
b.
Section 5-2 Disposition of carcasses: $ 100
Second offense $250; Third offense $500
c.
Section 5-4 Reserved.
d.
Section 5-24, 5-26 and 5-28 Livestock at
large: $250
Second offense $ 500; Third offense $ 1,500
e.
Section 5-39 Interference with Director or
designated agents or Town employees:
$ 500
f.
Section 5-43 - Nuisance Animal: $100
Second offense $
200; Third offense $ 500
Fourth offense, impoundment in accordance with
Section 5-43.
g.
Section 5-44 - Dangerous Animals -
Confinement: $500
h.
Section 5-45 Dogs in public parks, etc.: $25
Second offense $
50; Third offense $ 100
i.
Section 5-45.1 Dogs in tenement yards: $25
Second offense $
50; Third offense $ 100
j.
Section 5-47 Dogs running at large: $40
Second offense $
60; Third offense $ 100; Fourth offense:
$500
k.
Section 5-57 Mandatory vaccination: $50
l.
Section 5-63 Impoundment: $30
Second offense $50;
Third offense $70
APPROVED
AND ADOPTED at
______________________________________
Mary
O. Vice, City Clerk
I HEREBY CERTIFY that the fore- The
foregoing Ordinance is
going
Ordinance has been presented hereby
approved and
to
the Mayor this 19th day of returned
to the Town Clerk this
January,
2010. 21st
day of January, 2010.
______________________________ ____________________________
City Clerk Mayor
Attorney Minialdi
read aloud the proposed Minimum
It was moved by Council Member
Merchant that the regular meeting be recessed for a Public Hearing on the
proposed Minimum
There were questions from the public
regarding variances on the proposed ordinance.
Attorney Minalidi stated the town has no procedure in place for
variances however a waiver to the ordinance could be issued by the council on a
case by case basis.
It was moved by Council Member Douga
that the regular meeting be re-convened.
The motion was seconded by Council Member Loyd and carried.
It was moved by Council Member Bujard
that the following Ordinance be adopted.
The motion was seconded by Council Member Douga and the vote cast
thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
ORDINANCE PROVIDING FOR MINIMUM
AND FOR ADDITION OF SECTION 7-11 REGARDING
MINIMUM
WHEREAS, the Board
of Aldermen of the Town of Vinton believe that having minimum lot size
requirements for lots within the corporate limits of the Town of Vinton will
facilitate an orderly development of land within the corporate limits; and
WHEREAS, the Board
of Aldermen of the Town of Vinton believe, with a more orderly development of
land within the corporate limits of the Town of Vinton, that having minimum lot
size requirements for lots within the corporate limits of the Town of Vinton
will assist in maintaining property values; and
WHEREAS, the Board
of Aldermen of the Town of Vinton believe that having restrictions on
residential construction on a lot within the corporate limits of the Town of
Vinton will assist in an orderly development of land, and in maintaining
property values thereof, within the corporate limits of the Town of Vinton.
NOW, THEREFORE, BE IT RESOLVED that the Code of Ordinances,
Section
7-11. Permitted
No structure or land in the Town of
Section 2. Definitions
Dwelling.
Any structure or portion thereof which is designed or used for residential
purposes.
Dwelling unit.
Any room or group of rooms located within a structure forming a single
habitable unit with facilities which are used or intended to be used for
living, sleeping, cooking, eating and sanitation by one family.
Nonconforming Lot of Record. A platted lot, as of the effective
date of this Ordinance, which does not comply with the lot size requirements of
this Ordinance.
Residential
Accessory Structure
or Use. A structure or use which:
(1) Is
subordinate to and serves a principal residential structure or use;
(2) Is
subordinate in area, extent and purpose to the principal residential structure
or use served;
(3) Is
located on the same lot as the principal residential structure or use.
Residential
use.
A dwelling with permanent housekeeping facilities.
Section 3. Minimum Lot Size And Dwellings Per
(1) The total area of a
(2) The number of dwelling units on an individual Lot is limited to no
more than one residential use per
(3) A residential accessory use or structure may be a dwelling unit as
long as its use is clearly subservient to the primary residential structure.
For this purpose, "clearly subservient" shall mean:
(a) Complies with the definition of
Residential Accessory Structure or Use.
(b) If routinely occupied, occupants
are members of the same family as the occupants of the principal structure.
(c) If periodically occupied, the
accessory structure shall not be used for business, commercial, profit, income
producing or other such similar purposes.
(d) its use is comparable to one of
the following:
(i) Recreational (swimming) pool
house
(ii) Cabana
(iii) Mother in law" house
(4) Distance measured from front, side and rear
Section
4. Exception
The
foregoing provisions shall not apply to mobile home parks.
Section 5. Nonconformities.
(1) Purpose. The
purpose of this section is to regulate the continued existence of Lots lawfully
established prior to the effective date of this Ordinance. A Nonconforming Lot of Record may
continue in accordance with the provisions of this Section.
(2) Development of Nonconforming
Lot of Record. Notwithstanding any other provision of this Ordinance,
any Nonconforming Lot of Record may
be developed with a single family dwelling, provided that such a Nonconforming
Lot of Record was not in common ownership with an adjoining lot of record at
the time the nonconformity was created.
(3) Ordinary Repair and Maintenance. Normal maintenance and repair of a Nonconforming Lot of Record may be
performed.
(4) Reductions. No Nonconforming
Lot of Record shall not be subdivided into smaller Lot sizes or sold,
transferred or conveyed in any manner so as to reduce the size of the
nonconforming Lots. This prohibition shall be construed so as to prevent the
reduction in
(5) Nonconforming Residential
Accessory Use or Structure. No residential accessory use or
structure shall continue after the principal residential structure or use shall
have ceased or terminated.
APPROVED
AND ADOPTED at
______________________________________
Mary
O. Vice, City Clerk
I HEREBY CERTIFY that the fore- The
foregoing Ordinance is
going
Ordinance has been presented hereby
approved and
to
the Mayor this 19th day of returned
to the Town Clerk this
January,
2010 . 21st
day of January, 2010.
______________________________ ____________________________
City Clerk Mayor
Chief of Police, Ricky Fox gave the
monthly police department report.
There being no further business to
come before the Governing Authority, it was moved by Council Member Loyd that
the meeting be adjourned. The motion was
seconded by Council Member Douga and carried.
______________________________
Kenneth O. Stinson, Mayor
ATTEST:
___________________________
Mary
O. Vice, City Clerk