City Council

November 5, 2018 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West in the said City on November 5, 2018, at 5:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Harold Wales, Chris Seibert, Frank Travis and Joseph Cannon. Mayor Marks led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Wayne Harper offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the October 22, 2018 City Council Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the October 22, 2018 City Council Work Session Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/educations expenses for the following personnel of Water Services Brian Daniel AL MS AWWA Annual Conference $98.73 (Water) Birmingham, AL October 14-17, 2018 Robert Furtado AL MS AWWA Annual Conference $53.80 (Water) Birmingham, AL October 14-17, 2018 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel of the Electric Department. Will Adams 2018 TVPPA Underground Distribution Power Design $41.63 Nashville, TN October 17-18, 2018 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the low bid of $33,900 from ABB, for one 46 kV Circuit Breaker for the Athens Primary Substation. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel of the Fire Department. Chanel Taylor Calhoun College Career Fair $64.68 Huntsville, AL October 18, 2018 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “SPECIAL EVENTS Retail on Premises Consumption,” alcohol license. Athens Limestone Public Library Foundation, Inc. Holiday Soiree (Fundraiser) 603 South Jefferson Street Athens, AL 35611 Event Date: November 29, 2018 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2018 - 2057 AN ORDINANCE AMENDING AND UPDATING CHAPTER 10 (ANIMALS AND FOWL) OF THE CITY CODE _____________________________________________________________________ WHEREAS, the Athens City Council wishes to amend and update Chapter 10 (Animals and Fowl) of the Code of Ordinances of the City of Athens; WHEREAS, the City Council wishes to amend the provisions relating to the confinement of dogs, so that a dog may not be kept through the use of a tether, as stated in more detail herein; WHEREAS, the City Council also wishes to update, clarify and/or streamline the provisions concerning the animal shelter, enforcement of animal ordinances, the definition of running at large, the provisions restricting running at large, the definition of a wild animal, the service dog provisions, as well as others; WHEREAS, the City Council also wishes to delete the dog/cat licensing requirements; and WHEREAS, the City Council also wishes to amend the provisions governing animal medical procedures, the keeping of dangerous animals, and the fine schedule for a violation of these provisions.  THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on November 5, 2018, at 5:30 p.m., as follows: Section 1. Article 1 of Chapter 10 of the Code of Ordinances of the City of Athens (§10-1 through §10-30) is hereby amended so that it states as follows: Sec. 10-1. - Animal shelter; code compliance officers. (a) The City shall ensure the operation of an animal shelter, which may be utilized by the City as the place for the deposit, confinement, and humane euthanization of animals, as set forth in this Chapter. (b) From time to time, the City may contract with a third party contractor for the operation and management of an animal shelter. The contractor shall utilize the services of a state licensed veterinarian with respect to the operation and management of the animal shelter. (c) The Police Chief may, at his/her discretion, assign certain law enforcement officers (and persons working at their direction) to the enforcement of the City’s ordinances relating to animals and to working with the animal shelter. Such officers are referred to in this Chapter as “code compliance officers”. Sec. 10-2. - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section unless taken specific exception to elsewhere in this chapter: Running at large means when an animal (whether on or off the property of its owner or person in charge) is physically unrestrained. A animal is not running at large where it is: (a) physically carried by its owner or person in charge in a manner that it is securely restrained and unable to bite or attack other persons or animals; (b) controlled by its owner or person in charge by means of a leash in a manner that it is securely restrained and unable to bite or attack other persons; (c) located upon the real property of its owner or person in charge, and kept in an enclosure such that it is securely restrained and unable to bite or attack other persons; (d) physically unrestrained within a public park or other area that is specifically designated by the city for such a purpose and adorned by signage stating that animals of the type designated may be physically unrestrained within such area; or (e) where such animal is located upon the real property of its owner or person in charge, within 15 feet of its owner or person in charge, obedient by training and temperament and under the voice command of its owner or person in charge. Cat means all members of the domestic feline family. Dog means all members of the domestic canine family. Owner and person in charge mean the actual owner of the animal or any person in whose charge said animal is being kept, and all the responsible adult members of the household where an animal is regularly kept or allowed or suffered to remain. Sec. 10-3. - Additional charges for redemption of impounded animal. Any animal impounded for a violation of this chapter for which there is an after-hours response by a city officer or employee shall not be redeemed until a service charge of $60.00 is paid to the city. This charge shall be in addition to all other impoundment and redemption charges. In this section "after hours response" is a response made other than on Monday through Friday (legal holidays excepted) between the hours of 7:00 a.m. and 4:30 p.m. Sec. 10-4. - City declared bird sanctuary; capturing or killing birds, squirrels, etc. It shall be unlawful for any person to pursue, injure, capture, kill or destroy any squirrel or song bird or any kind, at any time, within the city. Provided, however, that squirrels may be captured in a humane trap, furnished by the owner or person in charge of the premises, on the premises of the owner or person in charge thereof and delivered to the animal shelter. This section shall not be construed so as to apply to a code compliance officer or to any law enforcement officer when a nuisance exists or when there is a hazard to health or safety that in the judgment of said officer cannot be otherwise remedied. Sec. 10-5. - Keeping of wild animals prohibited. (a) No person shall keep, confine, harbor, allow to remain, or permit to be kept on his premises any wild animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to performing animal exhibitions or circuses. (b) No person shall keep, confine, harbor, allow to remain, or permit to be kept any wild animal as a pet. (c) For purposes of this chapter, a “wild animal” is an animal that has not been domesticated or tamed and commonly lives on its own in a natural environment without any assistance from people. Sec. 10-6. - Animal care. (a) No owner shall fail to provide his pet animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (b) No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, bullfight, cockfight, or other combat between animals or between animals and humans. (c) No owner of an animal shall abandon such animal. (d) No person except a licensed veterinarian shall perform a medical procedure on any animal. This subsection shall not apply to animals that are the subject of agricultural activities. (e) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (f) Any person who, as the operator of a motor vehicle, strikes a domestic farm animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the city police department. Sec. 10-7. - Sanitation of premises where animals kept. It shall be unlawful for any owner or person in charge to keep or maintain a pen, stable or enclosure wherein animals are kept in such an unsanitary condition that the lives, health of the public generally, of the owner or person in charge or his family or of the animals contained shall be endangered. The presence in or about such pen, stable or enclosure of the live larva or flies under conditions which permit or favor growth or development of flies shall be prima facie evidence of keeping or maintaining such pen, stable or enclosure wherein animals are kept in violation of this section. All pens, stables or enclosures where animals are kept shall comply with all the regulations of the county board of health pertaining to same and shall be cleaned each day and the residue disposed of in a sanitary manner. Sec. 10-8. - Noisy animals. (a) It shall be unlawful and a nuisance for any person to keep, confine, harbor, allow to remain, or permit to be kept on a residential lot or residential premises within the corporate limits of the city any animal or group of animals, known to said person habitually, continuously or intermittently to make or emit sounds or noises of such volume and nature as unreasonably to interfere with or disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities within the neighborhood in the reasonable use and enjoyment of adjacent property. (b) It shall be unlawful and a nuisance for any person to keep, confine, harbor, allow to remain, or permit to be kept on any tract, lot or premises within the city any animal or group of animals, whether the same is housed in a corral, kennel, building or other structure, under such circumstances that the sounds or noises emitted by said animals are of such volume and nature as unreasonably to interfere with or disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities in the reasonable use and enjoyment of any adjacent property used for residential purposes. Sec. 10-9. - Animal at large. (a) Cats and dogs are specifically excluded from this Section 10-9, since they are regulated in article II of this chapter. (b) It shall be unlawful for the owner or person in charge of any animal to cause, permit or allow any such animal to be running at large. It shall be the special duty of the owner or person in charge of all premises where animals are kept to see that no animal kept upon said premises is permitted or allowed to be in violation of this chapter. The fact that a particular animal has been kept on particular premises together with its subsequent appearance while running at large shall raise a prima facie presumption the owner or person in charge of the premises committed or authorized the violation and the burden of proof shall be upon said owner or person in charge to prove otherwise. Sec. 10-10. - Stray animals may be taken up. Any person within the corporate limits of the city finding any animal running at large about his residence or the residence of which he is in charge may take custody of said animal and deliver said animal to any code compliance officer, as an at large or stray animal whether or not the owner or person in charge of said animal is actually known, and whether or not there is any license tag or identification affixed thereto. Sec. 10-11. - Driving animals into city for purpose of impounding; abandonment. (a) Unless authorized by a code compliance officer, it shall be unlawful for any person to drive or bring, or attempt to drive or bring, any animal from outside the city into the city for the purpose of having the same impounded by a code compliance officer. (b) Unless authorized by a code compliance officer, it shall be unlawful for any person to transport any animal into the city and subsequently abandon or set loose said animal with the intent of avoiding the responsibility for its custody and care. Sec. 10-12. - Impounding; sale, redemption.  (a) Seizure and sale. When any horse, cattle, sheep, swine, goat or other such animal is found at large within the corporate limits of the city, it shall be seized and impounded by any person charged with the enforcement of this chapter. When any such animal is seized and impounded as herein provided, the chief of police shall proceed forthwith to sell same at public auction to the highest bidder for cash, within the legal hours of sale, in front of the city hall or such other place as the chief of police may determine, after first giving five days' notice of the time and place of sale, together with a description of the animals to be sold, by posting a notice at a conspicuous place at the city hall, and by a publication one time in a newspaper published in the city, and shall pay to the city treasurer the proceeds received from such sale, after first deduction the cost and expense incident to the seizing, impounding, feeding, keeping and selling of the animal as herein provided. (b) Officers not to bid. No officer of the city shall bid at any sale held by the chief of police under the provisions of this article, or become directly or indirectly interested in the purchase of any animal sold under the provisions of this article. (c) Redemption. The owner of any animal so seized and impounded shall have the right to have the same released at any time prior to the sale thereof by paying to the city clerk-treasurer or chief of police the sum that may be due for seizing and impounding, keeping, feeding and advertising the same as herein provided. Sec. 10-13. - Charges for advertising and care of impounded animals. (a) Feeding, care, advertising and sale. The city shall be entitled to and shall receive the cost of advertising and selling each animal which may be advertised and sold or advertised for sale, together with the additional cost for each day or fraction thereof each of such animals is kept and fed by the city pending the sale thereof. (b) Disposition of sale proceeds. The owner of any animal seized, impounded and sold under the provisions of section 10-12 shall have the right within 60 days after the sale thereof, to receive from the city clerk-treasurer the proceeds of such sale less any applicable fine as set forth in section 10-9, upon making proper and satisfactory proof of ownership of the animal so sold as demanded by the city clerk-treasurer. (c) Fees become city property. All fees and expenses provided for shall belong to the city, and shall be promptly paid into the city treasury by any officer of the city who collects or receives the same. Sec. 10-14. - Swine. It shall be unlawful for any person to keep, confine, harbor, allow to remain, or permit to be kept swine within the city limits unless the swine are used in connection with (i) an industrial processing facility in compliance with the city's zoning laws, (ii) a farm in compliance with the city's zoning laws, or (iii) a function, demonstration, or presentation with an educational or entertainment purpose of not longer than two days in duration where such use is preapproved by the police chief or his designee. Sec. 10-15. - Fowl. It shall be unlawful for any person to keep, confine, harbor, allow to remain, or permit to be kept fowl (chickens, ducks, geese, or other domestic fowl) within the city limits unless the fowl are used in connection with (i) an industrial processing facility in compliance with the city's zoning laws, (ii) a farm in compliance with the city's zoning laws, (iii) any public park, or (iv) a function, demonstration, or presentation with an educational or entertainment purpose of not longer than two days in duration where such use is preapproved by the police chief or his designee. Secs. 10-16. – Dangerous Animals.  It shall be unlawful for any person to keep, harbor, allow to remain, or permit to be kept any dangerous animals, except at a zoological park licensed by the City, a federally licensed exhibit, a circus licensed by the City, a scientific or educational institution, a research laboratory, a veterinary hospital, or as a part of an educational exhibit or lecture at a public or non-public school that has been approved by the governing body, superintendent, or president for such institution. For purposes of this Section 10-16, a "dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, any poisonous reptile, or any reptile that is commonly known to be a threat to the physical safety of persons, dogs, or cats. Section 10-17—10-30. - Reserved. Section 2. Article 2 of Chapter 10 of the Code of Ordinances of the City of Athens (§10-31 through §10-70) is hereby amended so that it states as follows: Sec. 10-31. – Reserved. Sec. 10-32. - Owner's duty to remove overturned or scattered garbage. It shall be the duty of the owner or person in charge of any dog or cat which has been allowed or suffered by said person to run at large, to pick up and remove to a secure authorized container, any garbage or refuse which said animal has caused to be overturned, spilled or scattered upon any residential lot occupied for human habitation, or upon any right-of-way adjacent thereto, upon demand from the owner or occupant thereto, or upon demand of any enforcement officer, and it shall be unlawful for any such person to fail or refuse to do so. Sec. 10-33. - Duty of dog owner for removal of dog feces. It shall be the duty of the owner or person in charge of any dog to remove and dispose of any feces deposited by said dog at any location in the city that is not the property of the owner or person in charge, and it shall be an offense against the city to fail to remove and dispose of the same in a sanitary manner. Sec. 10-34. – Service Dogs. Any person who denies a disabled person with a service dog admittance to a public accommodation, on the basis that the individual is accompanied by the service animal, shall be guilty of an offense against the City if such person would have otherwise been entitled to admittance pursuant to the federal Americans with Disabilities Act. Sec. 10-35. - Confinement of dogs or cats in heat. (a) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (b) It shall be unlawful for the owner or person in charge of any such cat or dog to fail to comply with this section. Sec. 10-36. - Duty to keep dogs and cats from running at large; duty to keep dogs and cats on a leash in public places. (a) It shall be unlawful for the owner or person in charge of any dog or cat to fail to keep said animal from running at large. Proof that an animal is running at large shall be prima facie evidence of a violation. Competent evidence that the failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden to the City to prove otherwise.  (b) It shall be unlawful to allow a dog or cat to be unleashed or uncaged while upon any public street, public alley, public sidewalk, public walking track, public park, public building, or other publicly owned property, except in a public park or other area that is specifically designated by the city for such a purpose and adorned by signage stating that animals may be physically unrestrained within such area. Proof that an animal is unleashed or uncaged in such a location shall be prima facie evidence of a violation. Competent evidence that the failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden to the City to prove otherwise. Sec. 10-37. - Dogs or cats running at large to be confined. (a) Any dog or cat found to be running at large within the city is hereby declared to be a public nuisance, and the same may be seized and confined by a code compliance officer (or such person(s) at their direction) and placed at the animal shelter, where it will be cared for in a humane manner. (b) To the extent permitted by law, such animal may be reclaimed by its owner or person in charge within five working days, upon such charges as may be reasonably imposed by the animal shelter. Any animal not reclaimed within five working days shall become the property of the city and may be humanely euthanized or made available for adoption in a suitable home (as may be determined by the animal shelter), upon the animal's sterilization and such other charges as may be reasonably imposed by the animal shelter. In addition to, or in lieu of, confining a dog or cat found at large, when the owner or person in charge of said animal is known to the code compliance officer, the code compliance officer may return the animal to the owner or person in charge and issue a citation for a violation of this chapter. (c) The code compliance officer and/or animal shelter may refuse to transfer ownership of any dog seized by the code compliance officer to a person pursuant to subsection (b), where such dog is known by the code compliance officer to have bitten a person or animal without justifiable provocation, or where otherwise permitted by law. Sec. 10-38. - Redemption of dogs and cats confined as strays or nuisances. (a) To the extent permitted by law, the owner or person in charge of any dog or cat confined under the provisions of this chapter may recover possession of his or her dog or cat upon payment of such charges as may be reasonably imposed by the animal shelter, provided such owner or person in charge entitled to recover possession of any dog or cat three months of age or older shall produce a certificate or evidence satisfactory to the city that such dog or cat has, within 12 months prior to being confined, been inoculated for rabies. If the owner or person in charge entitled to possession of any dog or cat so confined is unable to produce a certificate or satisfactory evidence of inoculation for rabies within the 12-month period prior to the confinement of the dog or cat, then before the city shall release the dog or cat, such dog or cat shall be duly inoculated for rabies at the expense of the owner or person in charge entitled to possession of said dog or cat, and shall also upon payment of the proper fee therefore, be properly licensed before said release. (b) It shall be unlawful for any person to secure any dog or cat from the animal shelter without authority to do so from the animal shelter. Sec. 10-39. - Reserved. Sec. 10-40. - When disposal of dogs and cats may take place. (a) After a dog or cat has been confined for the period of time provided by section 10-37, and if the owner or person in charge entitled to possession fails to make application for the release of such dog or cat, as herein provided, or fails to pay the charges as herein provided, or fails to pay for the proper inoculation for rabies, or if such satisfactory evidence as required by section 10-38 was not provided, then such dog or cat is hereby declared a nuisance and a danger to the health, safety and welfare of the city and the city and/or animal shelter shall cause such dog or cat to be humanely destroyed as herein provided. (b) Any code compliance officer officer engaged or assisting in capturing or impounding any dog or cat shall have the authority to shoot and kill such dog or cat, if in attempting to capture the same or in otherwise keeping the same, it shall become an immediate hazard to the safety of said person or to the safety of persons or animals in the immediate vicinity. (c) Any dog or cat that has been seized by a code compliance officer that is injured or diseased may, as an act of mercy, be humanely euthanized immediately by the code compliance officer or the animal shelter, if it is evident that such destruction is necessary to prevent unnecessary suffering, to prevent the spread of disease or because the animal is incurable. Sec. 10-41. - Manner of disposal of dogs and cats. Code compliance officers or the animal shelter, when required to dispose of dogs or cats under the provisions of section 10-40(a) or 10-40(c), shall do so by such process as is recognized by veterinary science as being a humane manner in which to destroy dogs and cats. Sec. 10-42. - Confinement of dogs. (a) As required by Section 10-36, it is unlawful for the owner or person in charge of any dog or cat to fail to keep said animal from running at large. In addition, when a dog is not in the presence of its owner or person in charge, it must also be kept under effective confinement as set forth in this Section 10-42, and it shall be unlawful for the owner or person in charge of the dog to fail to do so. Proof that a dog is not so kept shall be prima facie evidence of a violation. Competent evidence that the failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden to the City to prove otherwise. (b) A dog is effectively confined under this section if the dog is not running at large, the dog is confined in an enclosure, the confinement does not violate any provision of state or local law, and the confinement does not violate any of the following: (1) The enclosure must provide a minimum of 225 square feet (with neither the width or length being less than 10 feet) for each dog weighing 30 pounds or more, and 100 square feet (with neither the width or length being less than 8 feet) for each dog weighing less than 30 pounds. (2) The enclosure shall be sufficiently constructed as to keep such enclosed dog from contact with outside dogs and people, and shall have an area sufficient to allow such dog reasonable exercise. The enclosure shall also permit reasonable protection from the weather, including shade during the summer. (3) The dog is not kept on a tether, rope, chain, or similar line. (4) The dog is not kept in an area of dangerous or unsanitary conditions, including but not limited to, excessive animal waste, garbage, dirty water, dangerous objects that could injure or kill the dog upon contact, or other circumstances that could cause harm to the dog’s physical health. (5) The dog is kept in a structurally sound, moisture-proof and wind-proof shelter large enough to keep the dog reasonably clean and dry. A shelter that does not protect the dog from extreme temperatures or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this subsection. (6) A carport shall not be used as an effective confinement for dogs.  (7) An invisible fence may be used to satisfy all or part of the enclosure requirements of this Section 10-42. As used herein, an “invisible fence” is a system, in good working order, that uses a wireless receiver in the dog’s collar along with an electric stimulus, to prevent the dog from leaving the defined area of enclosure. Secs. 10-43—10-70. - Reserved. Section 3. Section 10-78 of the Code of Ordinances of the City of Athens (“Duty to dispose of animals”) is hereby deleted. Section 4. Article 5 of Chapter 10 of the Code of Ordinances of the City of Athens (§10-141 through §10-143) is hereby amended so that it states as follows: Sec. 10-141. - Penalties for offenses punishable as violations. The following are the penalties for offenses punishable as violations under this chapter: Section in Penalties for Offenses Fine and/or Jail this Code Punishable as Violations Sentence Minimum Fine Maximum Fine Sentence Range 10-4 Capturing or killing birds $50.00 $100.00 or squirrels 10-5 Keeping of wild animals 50.00 200.00 1-10 days 10-6 Animal care 50.00 500.00 1-60 days 10-7 Sanitation of premises 50.00 100.00 where animals kept 10-8 Noisy animals 50.00 100.00 10-9 Animal at large 50.00 100.00 10-11 Driving animals into city 50.00 100.00 1-10 days for purpose of impounding 10-14 Swine 50.00 100.00 10-15 Fowl 50.00 100.00 10-16 Dangerous Animals 50.00 500.00 1-60 days 10-32 Owner’s duty to remove 50.00 100.00 overturned or scattered garbage 10-33 Duty of dog owner for 50.00 100.00 removal of dog feces 10-34 Service dogs 50.00 200.00 10-35 Confine of dogs or cats in 50.00 100.00 1-10 days heat 10-36 Duty to keep dogs and cats 50.00 200.00 from running at large; duty to keep on a leash/cage in public places 10-38 Unlawful redemption or 50.00 200.00 1-30 days removal of dog/cat from confinement 10-42 Confinement of dogs 50.00 200.00 10-71 and License required for 50.00 200.00 10-72 operation of commercial animal establishment, kennel  10-111 and Deposit on streets; 50.00 200.00 1-10 days 10-112 Disposal of dead animals 10-143 Interfering with setting, 50.00 200.00 1-10 days operating, maintenance or purpose of dog/cat traps Sec. 10-142. - Disposition of fees. All monies collected, as provided for in this chapter shall be turned over and delivered forthwith to the city clerk-treasurer. Sec. 10-143. - Humane traps. (a) Any code compliance officer is hereby authorized, in order to apprehend animals in violation of the chapter, which are otherwise difficult to apprehend, to use traps designed humanely to capture said animals by placing the same upon any public property of the city, upon the right-of-way of any public street or highway or upon the private property of any person granting permission therefor. It shall be unlawful for any person to molest or tamper with any such trap or to remove any animal captured in any such trap or to interfere with a code compliance control officer in setting or servicing any such trap. (b) Any owner or person in charge of any dog captured in a humane trap that is off the premises of the owner or person in charge thereof shall be prima facie presumed to have allowed, suffered or permitted such animal to be running at large. Section 5. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 6. No other provisions of the Code of Ordinances of the City of Athens are amended by this Ordinance, unless specifically stated and referenced herein. Section 7. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. Section 8. This Ordinance shall go into effect, after its publication, on March 1, 2019. ADOPTED and APPROVED this, the 5th day of November, 2018. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 5th day of November, 2018. Witness my hand and seal of office this the 5th day of November, 2018. /s/ Annette Barnes City Clerk Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2018 - 1594 A RESOLUTION CONCERNING THE CONTINUANCE OF AN AGREEMENT BETWEEN ATHENS UTILITIES AND THE CITY OF MADISON FOR BILLING SERVICES RELATED TO GARBAGE AND TRASH COLLECTION _______________________________________________ WHEREAS, pursuant to prior agreements, Athens Utilities collects trash collection fees on behalf of the City of Madison from persons located in the City of Madison, and Athens Utilities charges the City of Madison a service rate for such billing; WHEREAS, such charges are added to Athens Utilities regular invoice; WHEREAS, Athens Utilities and the City of Madison desire to extend this arrangement by the execution of a new agreement; and WHEREAS, the City of Madison has established mandatory trash and garbage charges for residential dwellings, and Athens Utilities is willing to continue its collection of those charges in exchange for a service charge of $0.95 per month paid to Athens Utilities by the City of Madison for each account (which is a $0.20 increase from the present charge). THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 5, 2018 at 5:30 p.m., as follows:  1. The Mayor is authorized to enter into an agreement, on behalf of the City of Athens, Alabama, with the City of Madison, Alabama, whereby Athens Utilities will invoice and collect the City of Madison’s mandatory trash and garbage charges from Athens Utilities’ residential customers in the City of Madison, in substantially the same form as set forth in Exhibit A. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of said agreement and the transactions contemplated by this Resolution. ADOPTED this the 5th day of November, 2018. /s/ Harold Wales CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 5th day of November, 2018. Witness my hand and seal of office this 5th day of November, 2018. /s/ Annette Barnes City Clerk EXHIBIT A AGREEMENT FOR BILLING SERVICES This Agreement for Billing Services (the “Agreement”) is executed by and between the City of Madison, Alabama, a municipal corporation (hereinafter referred to as "City") and Athens Utilities, a division of the City of Athens, Alabama, a municipal corporation organized under the laws of the State of Alabama, (hereinafter referred to as “AU''). WITNESSETH: WHEREAS, the City has established and assessed mandatory trash and garbage collection charges for residential dwellings within the corporate limits of the City; and WHEREAS, AU has the means to invoice and collect said fees from the residents of those dwellings which are located in Limestone County and served by AU; and WHEREAS, the City desires to enter into this Agreement with AU for its provision of garbage and trash fee billing and collection services for residential dwellings within the City that are located in Limestone County; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and conditions set forth herein, the parties agree as follows: Section 1. Commencement, Effective Date, and Term.  The term of this Agreement shall commence on January 1, 2019, and it shall remain and continue in full force and effect until July 31, 2022 (the “Term”), unless the same is terminated before said date pursuant to the provisions of this Agreement. Section 2. Services. As part of its monthly billing statement sent to its customers living within the corporate limits of the City, AU shall include a separate line item reflecting the total amount to be charged per residence for garbage collection and trash collection. AU then shall collect the fees remitted by those residential utility customers and disburse them according to Section 4. Each month, AU shall provide the City available financial data related to the charge and collection of the garbage service and trash service fees, such as the total number of residential customers living within the City which were billed by AU for those services; the total amount collected by AU for those services; the total amount recorded as receivables; and the total amount allowed for accounts uncollectible. Section 3. Payment for Services. For the services provided under Section 2, the City will pay, and AU will accept: (a) for the period dating from January 1, 2019 through March 1, 2019, seventy-five cents ($0.75) per residential customer located within the corporate limits of the City and billed by AU for utility services; and (b) for the period dating from March 1, 2019 through July 31, 2022, ninety-five cents ($0.95) per residential customer located within the corporate limits of the City and billed by AU for utility services. Section 4. Remittance of Receipts. On a monthly basis, AU shall remit to the City all receipts for trash collection, less the amount owed to AU for all billing and collection services based on the fee set forth in Section 3, as determined by the prevailing contract price. On a monthly basis, AU shall remit directly to the Madison County Commission, Sanitation Division, as the City’s authorized contractor, all receipts for garbage collection as determined by the prevailing contract price. Section 5. Currency of Pricing. It shall be the responsibility of the City to provide AU with the duly authorized ordinance reflecting the current contract pricing for each service being billed under this Agreement. In the event of any future amendments to the amounts to be collected, City shall notify AU immediately upon the Council’s authorization of such change and provide AU with a copy of the ordinance creating the change and provide the effective date thereof. The parties will cooperate to ensure any changes in pricing are approved, communicated, and implemented in an appropriate and timely fashion such that the contractor and the residents are billed and paid in accordance with the Council’s action. Section 6. Extension of Agreement. This Agreement shall conclude and terminate (i) at the end of the Term and (ii) upon a written notice by either party to the other that the Agreement has concluded and terminated due to the end of the Term. If the Term has concluded and such notice has not been issued, then the Agreement shall continue on a month-to-month basis, until such notice is issued. Section 7. Amendment. To become effective, any amendment of this Agreement must be in writing, authorized by each party’s governing body, and signed by their duly authorized representatives. Section 8. Indemnity. To the extent permitted by law, the City agrees to indemnify and hold AU harmless from all claims, lawsuits, actions or causes of action, which arise from or relate to AU’s performance of its obligations under this Agreement. Section 9. Termination of Agreement. AU may terminate this Agreement at any time during the Term by serving a written notice to the City at least six (6) months prior to the termination date. The City may terminate this Agreement during the Term by serving a written notice to AU at last six (6) months prior to the termination date. Section 10. Termination of Prior Agreement. The Agreement by and between AU and the City, with a term that commenced on August 1, 2016 concerning this same subject matter (the “2016 Agreement”), has continued past the duration of its original term such that, at the time of the execution of this document, it has been continuing on a month-to-month basis. The term of the 2016 Agreement shall conclude and terminate at midnight of December 31, 2018, immediately prior to this Agreement going into effect. Section 10. Notices. Any notice provided pursuant to performance under this Agreement must be in writing and delivered by personal service, via a common carrier/document delivery service, or by placing the same in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the party as set forth below or such other address as the party may later designate by notice. To City: To AU: Mayor’s Office Director of Finance City of Madison, Alabama Athens Utilities 100 Hughes Road 1806 Wilkinson Street Madison, Alabama 35758 Athens, Alabama 35611 IN WITNESS WHEREOF, the undersigned hereby affirm that they have the authority to execute this Agreement on behalf of their respective entities for the entire term and have hereunto set their hands and seals on the day and year respectively noted. /Signature Lines to Follow/ The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2018 - 1595 BE IT RESOLVED, by the City Council of the City of Athens, Alabama as follows: That the City enters into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Intersection improvements on SR-3 (US-31) at three locations to include SR-251 (Pryor Street) and Dexter Street, new entrance to Athens High School, and SR-99 (Elm Street); Project Ref# ST-042-999- 002; CPMS# 100067664; Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement by kept on file by the City. Passed, adopted and approved this 5th day of November, 2018. ATTESTED: /s/ Annette Barnes /s/ William R. Marks City Clerk Mayor, City of Athens I, the undersigned and qualified and acting clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City named therein, at a regular meeting of such Council held on the 5th day of November, 2018, and that such resolution is on file in the City Clerk’s office.  IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City on the 5th day of November, 2018. /s/ Annette Barnes City Clerk CONSTRUCTION AGREEMENT FOR A STATE PUBLIC ROADN AND BRIDGE FUNDING PROJECT BETWEEN THE STATE OF ALABAMA AND CITY OF ATHENS Limestone County Project No. ST-042-999-002 CPMS Ref# 10067664 Supplemental Agreement Number 1 PART ONE (1); INTRODUCTION This Supplemental Agreement Number 1 is made and entered into by and between the State of Alabama (acting by and through the Alabama Department of Transportation), hereinafter referred to as the STATE; and the City of Athens, Alabama, hereinafter referred to as the CITY. WHEREAS, the STATE and the CITY desire to cooperate in the construction program for intersection improvements on SR-3 (US-31) at three locations to include SR-251 (Pryor Street) and Dexter Street, new entrance to Athens High School, and SR-99 (Elm Street) in the City of Athens, Alabama, called Project St-042- 999-002, hereinafter, the “Project.” WHEREAS, the STATE and CITY desire to amend the Agreements entered into on December 7th, 2017, is hereby amended in the following respects: 1. Paragraph (4) is hereby amended to read as follows: The STATE will not be liable for State funds in excess of the State’s share of the cost hereinafter set forth. The Project will be administered by the CITY and all cost will be finance on the basis of 50 percent State Public Road and Bridge funds and 50 percent CITY funds. State Public Road and Bridge Funds shall be limited to $950,000.00 for this project. Any deficiency in State funds or overrun in construction costs will be borne by the CITY from CITY funds. In the event of an under= in construction costs, the State funds will not exceed their proportional share. FUNDING SOURCE ESTIMATED COSTS State Public Roads and Bridge Funds $ 950,000.00 City Funds $ 1,164,000.00 TOTAL (Inel CE&I and Indirect Cost) $ 2,114,000.00 2. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. 3. Paragraph (20) of the foregoing Agreement has been amended to include updated versions of Exhibits A, E, H, M, and N that are attached and hereby made a part of this agreement. 4. All other and remaining terms of the original Agreement of December 7th, 2017, shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement is deemed to be dated and to be effective on the date hereinafter stated as the date of its approval by the Governor of Alabama. ATTEST: City of Athens, Alabama By: _______________________________________By: ________________________________________ City Clerk (Signature) As Mayor (Signature) _______________________________________ ________________________________________ Type Name of Clerk Type Name of Mayor This agreement has been legally reviewed and approved as to form and content. By: _______________________________________ William F. Patty, Chief Counsel RECOMMENED FOR APPROVAL: Curtis W. Vincent Curtis W. Vincent, P.E. ________________________________________ North Region Engineer D.E. (Ed) Phillips, P.E. State Local Transportation Engineer __________________________________________ Don T. Arkle, P.E. Chief Engineer STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION ___________________________________________ John R. Cooper, Transportation Director THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND SIGNED BY THE GOVERNOR ON THIS ________ DAY OF ______________________, 20_______. ____________________________________________ KAY IVEY GOVERNOR, STATE OF ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2018 - 1596 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE CONCERNING A CERTAIN PUBLIC ALLEYWAY WHEREAS, this resolution relates to a fifteen (15) foot wide public alleyway shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows: That certain fifteen (15) foot wide alleyway, running easterly and westerly along the northern boundaries of Lots 15A through 7A, with its western terminus at its intersection with Malone Street, and its eastern terminus at its intersection with a fifteen (15) foot alleyway running northerly and southerly. Said eastern terminus is also located at the northeast corner of Lot 7A and the southeastern corner of Lot 1A. All of the above reference points are as shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama. This alleyway is also depicted on the Map of the David U. Patton Sub-Division of a Part of Lot 4, Block 67 According to the 1914 Map of Athens, Alabama, recorded at Plat Book B, Page 01 in the Office of the Judge of Probate of Limestone County, Alabama. (the “Public Way”); WHEREAS, for the aid of the reader, a depiction of the Public Way is shown on Exhibit A hereto, shaded for emphasis, and labelled as “15’ Alley’; WHEREAS, the Public Way is a paved and improved driveway; and WHEREAS, at the urging of the adjacent landowners to the alleyway, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on November 5, 2018 at 5:30 p.m. as follows: 1. A public hearing is hereby scheduled for January 14, 2019, at 5:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Way. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED this the 5TH day of November, 2018. /s/ Harold Wales CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 5th day of November, 2018. Witness my hand and seal of office this 5th day of November, 2018. /s/ Annette Barnes City Clerk EXHIBIT A The motion was seconded by Councilman Harper and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to re-set and re- schedule the public hearing concerning Athens Land Company’s request to rezone +/- 24 acres of property on the west side of Lindsay Lane South immediately north of Whitfield Colony Subdivision from the B-2 General Business District to the R-2 Multi Family District, from the City Council’s regular meeting on November 26, 2018 to the City Council’s regular meeting on Monday, December 10, 2018. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2018 - 1597 A RESOLUTION APPROVING AN AGREEMENT TO CLOSE OUT THE TENNIS COURT PROJECT AT BIG SPRING PARK _______________________________________________ WHEREAS, the City of Athens entered into a contract with McGrath Industries, LLC (“McGrath”) concerning work performed on the tennis courts at Big Spring Park in 2017; and WHEREAS, the City and McGrath have reached an agreement that no further amounts are due to McGrath. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 5, 2018 at 5:30 p.m., as follows: 1. The Mayor is authorized to enter into an agreement, on behalf of the City of Athens, Alabama, with McGrath whereby no further payment is owed by the City with respect to the tennis court project, and all parties release any claims relating to the work on the tennis courts. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of said agreement and the transactions contemplated by this Resolution. ADOPTED this the 5TH day of November, 2018. /s/ Harold Wales CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 5th day of November, 2018.  Witness my hand and seal of office this 5th day of November, 2018. /s/ Annette Barnes City Clerk The motion was seconded by Councilman Harper and was unanimously carried. * * * There being no further business to come before the meeting, Council President Wales asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK