City Council

CHARLESTON CITY COUNCIL Regular Meeting May 18, 2026 at 7:00 PM THIS MEETING WILL TAKE PLACE IN PERSON AND CAN BE VIEWED LIVE VIA https://charlestonwv.civicclerk.com/web/home.aspx Council Chambers, Third Floor City Hall, 501 Virginia St. E. Charleston, WV AGENDA CALL TO ORDER BY THE MAYOR INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC SPEAKERS AND CLAIMS 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE CLERK’S HALLWAY TABLE IN PERSON NO EARLIER THAN 15 MINUTES BEFORE THE MEETING STARTS. FIVE (5) SPEAKERS WILL BE PERMITTED (RULE NO. 22 (B)). 2. Claims 5-18-2026 PROCLAMATIONS 1. 5-18-2026 COMMUNICATIONS 1. 5-18-2026 REPORTS OF STANDING COMMITTEES FINANCE 1. Resolution No. 26-054 - Authorizing the filing of the U.S. Department of Transportation, Section 5310 Vehicle Grant funding application for the purchase of a shuttle van for the Roosevelt Community Center, with a commitment to provide a 20% match. 2. Resolution No. 26-055 - Authorizing the Mayor or City Manager to enter into a contract with Page | 1 of 2 Page | 1 of  West Virginia Paving, Inc. to perform asphalt street paving construction services. 3. Resolution No. 26-056 - Authorizing the Mayor or City Manager to purchase a total of 15 2026 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police Department, including the installation of all necessary modifications and furnished cameras. 4. Resolution No. 26-057 – Authorizing the Mayor or City Manager to enter into an agreement for the fully adhered EPDM flat roof overlay of the Roosevelt Community from Almost Heaven Roofing. 5. Resolution No. 26-058 - Authorizing the Mayor or City Manager to purchase computers, monitors, docking stations, and other necessary accessories from HP and Foxit PDF software update. REPORTS OF OFFICERS 1. 5-18-2026 NEW BILLS 1. 5-18-2026 UNFINISHED BUSINESS AND/OR MISCELLANEOUS BUSINESS REMARKS BY MEMBERS ROLL CALL ADJOURNMENT THE NEXT REGULAR MEETING OF COUNCIL WILL BE JUNE 1, 2026 AT 7:00 PM. *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 2 of 2 Page | 2 of  Resolution No. 26-054 Introduced in Council: Adopted by Council: May 18, 2026 ______ Introduced by: Referred to: Joseph Jenkins Finance 1 Resolution No. 26-054 - Authorizing the filing of the U.S. Department of Transportation, 2 Section 5310 Vehicle Grant funding application for the purchase of a shuttle van for the 3 Roosevelt Community Center, including all understandings and assurances contained therein 4 and with commitment to providing 20% ($30,000) match, and directing and authorizing the City 5 Manager as the official representative of the applicant City of Charleston to provide additional 6 information as may be required. 7 8 Be it Resolved by the Council of the City of Charleston, West Virginia: 9 10 Authorizing the filing of the U.S. Department of Transportation, Section 5310 Vehicle Grant 11 funding application for the purchase of a shuttle van for the Roosevelt Community Center, 12 including all understandings and assurances contained therein and with commitment to 13 providing 20% ($30,000) match, and directing and authorizing the City Manager as the official 14 representative of the applicant City of Charleston to provide additional information as may be 15 required. Page | 3 of  Resolution No. 26-055 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Joseph Jenkins Finance 1 Resolution No. 26-055 – Authorizing the Mayor or City Manager to enter into a contract with 2 West Virginia Paving, Inc., in the total amount of $3,150,700.00 to perform asphalt street 3 paving 4 construction services, where the contract price was determined through a competitive bidding 5 process. 6 7 Be it Resolved by the Council of the City of Charleston, West Virginia: 8 9 That the Mayor or City Manager is authorized to enter into a contract with 10 West Virginia Paving, Inc., in the total amount of $3,150,700.00 to perform asphalt street 11 paving 12 construction services, where the contract price was determined through a competitive bidding 13 process. 14 Page | 4 of  2026-31 Asphalt Resurfacing Project (E4 05/26-162U) Business Opened at Bid Total Local Vendor Preference -$5,000.00 Bear Contracting, LLC 5/11/2026 13:00 $ 3,958,000.00 $3,953,000.00 BTI Contracting Inc 5/11/2026 13:00 $ 3,668,450.00 $3,663,450.00 Mr. Asphalt Inc 5/11/2026 13:00 $ 3,560,400.00 $3,555,400.00 West Virginia Paving, Inc 5/11/2026 13:00 $ 3,150,700.00 $3,145,700.00 Page | 5 of 2026-31 Asphalt Resurfacing Project (E4 05/26-162U) Bear Contracting, LLC BTI Contracting Inc Mr. Asphalt Inc West Virginia Paving, Inc Mandatory Requirement Item 3.02 – HMA Base Course $ 17,000.00 $ 13,950.00 $ 12,900.00 $ 12,700.00 Item 3.03 – HMA Wearing Course $ 3,066,000.00 $ 2,929,500.00 $ 2,835,000.00 $ 2,688,000.00 Item 3.04 – Standard Milling $ 875,000.00 $ 725,000.00 $ 712,500.00 $ 450,000.00 Attended Pre-Bid Yes Yes Yes Yes WV Contractor's License Yes Yes Yes Yes Certificate of Insurance Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Drug Free WorkPlace Affidavit Yes Yes Yes Yes SubContractor's List (if Applicable) Yes Yes Yes Yes Hiring Affidavit for over $500k Yes Yes Yes Yes Vendor Protest Acknowledgement Yes Yes Yes Yes Contact and Signature Form Yes Yes Yes Yes Pricing Page Yes Yes Yes Yes Addendum Acknowledgement Yes Yes Yes Yes Local Vendor Form (if Applicable) Yes Yes Yes Yes City of Chalreston Purchasing Affidavit Yes Yes Yes Yes Grand Total $ 3,958,000.00 $ 3,668,450.00 $ 3,560,400.00 $ 3,150,700.00 Minus $5,000 Vendor Preference $ 3,953,000.00 $ 3,663,450.00 $ 3,555,400.00 $ 3,145,700.00 Page | 6 of  CITY OF CHARLESTON RECOMMENDATION TO AWARD DATE: May 11, 2026 SUBJECT: Recommendation for Award Solicitation Number: 2026-31 Asphalt Resurfacing Project West Virginia Paving, Inc. - $3,150,700.00 Award Recommendation: Check the appropriate box below. [☒] Lowest Bid: By signing below, the Department certifies that bids have been properly evaluated and recommends award to West Virginia Paving, Inc. in the amount of $3,150,700.00. [☐] Multiple Award: By signing below, the Department certifies that bids have been properly evaluated and recommends award to multiple bidders meeting the required specifications. Those bidders receiving an award are identified as follows: ___________________________________. [☐] Other Than Lowest Bid: By signing below, the Department certifies that bids have been properly evaluated and recommends award to ________________________ in the amount of _____________ as the lowest responsible bidder meeting the required specifications. Award to the lowest bid was not made due to disqualifications described in more detail below: Bidding Vendors not awarded: Bear Contracting, LLC - $3,958,000.00 BTI Contracting Inc. - $3,668,450.00 Mr. Asphalt Inc. - $3,560,400.00 Respectfully, _____________________________________ ___________________________ Signature Date ________________________________________________________ Printed Name and Title Page | 7 of  Resolution No. 26-056 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Joseph Jenkins Finance 1 Resolution No. 25-056 – Authorizing the Mayor or City Manager to purchase a total of fifteen 2 model year 2026 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police 3 Department in the total amount of $993,062.85, where the price also includes the installation 4 of all necessary modifications and furnished cameras to upfit the vehicles for CPD use, all 5 pursuant to a competitive bid process. 6 7 Be it Resolved by the Council of the City of Charleston, West Virginia: 8 9 That the Mayor or City Manager is authorized to purchase a total of fifteen model year 2026 10 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police Department in the 11 total amount of $993,062.85, where the price also includes the installation of all necessary 12 modifications and furnished cameras to upfit the vehicles for CPD use, all pursuant to a 13 competitive bid process. Page | 8 of Page | 9 of  2026-04 CPD Fleet Interceptors with Emergency Light Package Business Opened at Bid Total NOTES UpFit VA, LLC 10/23/2025 2:00pm $1,122,503.88 Disqualified Vendor did not provide pricing for all mandatory requirements, Vendor did not use revised pricing page, submitted their own version. Did submit Addendum Acknowledgement Form. Thornhill Group Inc 10/23/2025 2:00pm $806,450.36 RECOMMENDED Only responsible vendor meeting specifications. 10/23/2025 2:00pm Vehicles are currently black and would have silver wraps. Vendor did not use the revised Pricing Page that was provided in Addendum 1, but did submit Addendum Acknowledgement Form. Vendor did not submit pricing for all mandatories. Pricing Page Generations Ford $817,998.65 Disqualified not totaled correctly. Vendor Added a Labor Charge to the Pricing Page that was not in the original. Vendor did not provide pricing for the Radios as requested on the pricing page. Vendor provided their own pricing spreadsheet and did not use the Pricing Page provided in the Addendum. Bid Adamson Industries Corp 10/23/2025 2:00pm $827,939.02 Disqualified Sheet did not match total. Vendor provided alternate products that do not meet the City's requirements. Vendor did Stephens Auto Center 10/23/2025 2:00pm $779,427.00 Disqualified not submit detailed product information explaining deviations from required products. Page | 10 of  Resolution No. 26-057 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Joseph Jenkins Finance 1 Resolution No. 26-057 – Authorizing the Mayor or City Manager to enter into an agreement for 2 the fully adhered EPDM flat roof overlay of the Roosevelt Community Center located at 502 3 Ruffner Ave, Charleston, WV 25311 from Almost Heaven Roofing in the amount of $57,600.00 4 pursuant to a competitively bid process. 5 6 Be it Resolved by the Council of the City of Charleston, West Virginia: 7 8 That the Mayor or City Manager is authorized to enter into an agreement for the fully adhered 9 EPDM flat roof overlay of the Roosevelt Community Center located at 502 Ruffner Ave, 10 Charleston, WV 25311 from Almost Heaven Roofing in the amount of $57,600.00 pursuant to a 11 competitively bid process. Page | 11 of Page | 12 of Page | 13 of Page | 14 of  Almost Heaven Roofing Ed's Home and Commerical Thoroughbred Construction Item Quanity Unit Price Unit Price Unit Price BID AND PROPOSAL FORM (2 OF 3) Fully adhered EPDM flat roof overlay 1 $57,600.00 $64,800.00 $66,500.00 Total $57,600.00 $64,800.00 $66,500.00 Local Vendor Preference N/A N/A N/A Page | 15 of Page | 16 of  Resolution No. 26-058 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Joseph Jenkins Finance 1 Resolution No. 26-058 – Authorizing the Mayor or City Manager to purchase computers, 2 monitors, docking stations, and other necessary accessories from HP pursuant to a 3 competitively bid statewide contract in the total amount of $43.795.00 as part of an annual PC 4 refresh for various City departments, and Foxit PDF software update in the amount of 5 $$8,567.50, for a combined total amount 52,362.50. 6 7 Be it Resolved by the Council of the City of Charleston, West Virginia: 8 9 That the Mayor or City Manager is authorized to purchase computers, monitors, docking 10 stations, and other necessary accessories from HP pursuant to a competitively bid statewide 11 contract in the total amount of $43.795.00 as part of an annual PC refresh for various City 12 departments, and Foxit PDF software update in the amount of $$8,567.50, for a combined total 13 amount 52,362.50. Page | 17 of  INSTRUCTIONS: This form must be submitted to the City Manager’s Office for any purchase of materials or supplies costing $5,000 or more. A minimum of 3 quotes is required for this form. CITY OF CHARLESTON Purchase Request Date: May 13th, _____________ 2026 To: CITY MANAGER, I request permission to purchase the following materials and/or supplies: Annual PC Refresh _________________________ and Foxit PDF software _____________________________________________________________________________________ WV State Contract - IP23 - PCs for the City of Charleston, Parking, MDENT and CCCC Departments _____________________________________________________________________________________ Foxit - 3 vendor quotes below - CDW-G, SHI and Advizex Purchase justification: Annual purchase to remove unsupported PCs off City __________________________________________________________________ network to reduce security risks and maintain peak _____________________________________________________________________________________ performance of staff with their daily operations. We also need to purchase Foxit Editor software licenses to replace old versions that are _____________________________________________________________________________________ no longer supported If approved, the total purchase price will be: $52,362.50 ________________________ (Check One) The price is less than the $25,000 permitted for purchases without advertising for bids and needing approval from City Council. I have not purposefully split the purchase request to keep the purchase under the $25,000 threshold and have not favored a particular vendor. I have not shared competitive information with any vendor(s). The proposed vendor is a sole source provider for the materials/supplies requested. (Skip to ITEM A on page 2.) Page | 18 of I have contacted the following responsible vendors and have attached their written quotes for the requested item(s): (Minimum of 3 Quotes Required) 1. __________________________________ WV State Contract - IP23 Price Quote: $_________________ $43,795.00 2. __________________________________ Price Quote: $_________________ 3. __________________________________ CDW-G - FoxIt Editor Price Quote: $_________________ 8,567.50 4. __________________________________ SHI - FoxIt Editor Price Quote: $_________________ 9,018.00 5. __________________________________ GovConnection - FoxIt Editor Price Quote: $_________________ 9,211.00 The apparent low-bid vendor meeting specifications is: HP for PCs (Contract) and __________________________________ CDW-G (Foxit) AND The low-bid vendor is not delinquent on any financial obligations owed to the City of Charleston according to the City Collector’s records, and I recommend authorizing the purchase through the low-bid vendor. OR I recommend not contracting with the lowest bidder meeting specifications and instead recommend contracting with ______________________________ because: _______________________________________________________________________________ _______________________________________________________________________________ Additionally, the recommended vendor is not delinquent on any financial obligations owed to the City of Charleston according to the City Collector’s records. ITEM A (For Sole Source Procurements ONLY) Explain what is unique about this vendor/brand and why your department must purchase this product: _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________ Identify at least 1 independent third party who has verified the vendor is a sole source for the item(s) requested to be purchased, and submit his/her written opinion regarding the vendor’s sole source status: (Name & Phone Number)_______________________________________ 2 Page | 19 of REQUESTOR’S DECLARATION I declare that I have fully complied with the letter and intent of the City Code as it pertains to procurement and have exercised reasonable precaution to procure the item(s) requested above at the lowest price, consistent with good service and quality. I also declare that I have no personal or business relationship with the listed vendor(s) that would be considered a conflict of interest, except as follows: (List Actual, Potential, or Perceived Conflicts of Interest) ______________________________________ _____________________________________________________________________________________ Request Submitted By: Adam Cottrell _________________________ Department: Information Systems ___________________________ Is this purchase being paid with grant funds? Yes No ************************************************************************************* Funds Approval: _________________________ Date: ______________ Authorized Financial Officer Account Number: _____________________________________________________________________ City Manager Approval: ______________________________ Date:_____________________ 3 Page | 20 of Customer Name: City of Charleston Contract Number: WV IP123 Payment Terms: Net 30 days Customer Email: adam.cottrell@cityofcharleston.org Quote Date: 5/1/2026 Quote Expiration Date: Contract #: WV IP123 Big Deal # 47343448 HP Sale Rep Simcox@hp.com Quote # 5012026 City Part Number Description Quantity Unit Price C0HF9UC Standard Desktop G9 BIOS 14 $636.00 $8,904.00 FH973AA DisplayPort TO DVI-D Adapter (single link) Cable UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) C0YQ9UC Standard Laptop G1i BIOS 4 $724.00 $2,896.00 U85N6E HP 4y Premium Onsite w/DMR Notebook U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) U87CFE HP 4y Premium Onsite 1 time Battery Replacement U96XWAAE HP 5 y Absolute Resilience 2500-9999 C9MG9UC Mobile Workstation G1i BIOS 6 $1,935.00 $11,610.00 265A9UT HP 125 Wired Mouse U87CFE HP 4y Premium Onsite 1 time Battery Replacement U85SCE HP 4 Year Premium Onsite w/ADP/DMR NB Hardware Support U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) D74MSUP HP USB-C 100W G6 Dock 1 $158.00 $158.00 HP 4 Year Next Business Day Response Advanced Exchange Docking Station HW Supp C51P6UP HP Thunderbolt 4 Ultra 280W G6 Dock 6 $253.00 $1,518.00 HP 4 Year Next Business Day Response Advanced Exchange Docking Station HW Supp Total $25,086.00 b ( v mq (b m q mm b m m b x m m m m b m b m m b ' ' mb bm Page | 21 of  b ( v mq (b m q mm b m m b x m m m m b m b m m b ' ' mb bm q v v b v v b m m m m v v m v Page | 22 of Customer Name: City of Charleston Contract Number: WV IP123 Payment Terms: Net 30 days Customer Email: adam.cottrell@cityofcharleston.org Quote Date: 5/1/2026 Quote Expiration Date: Contract #: WV IP123 Big Deal # 47343448 HP Sale Rep Simcox@hp.com Quote # 5012026 CCCC Part Number Description Quantity Unit Price C0HF9UC Standard Desktop G9 BIOS 5 $636.00 $3,180.00 FH973AA DisplayPort TO DVI-D Adapter (single link) Cable UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) BW0X1UC Fixed Workstation G5 BIOS 2 $3,027.00 $6,054.00 U61DWE HP 4 year Onsite Care w/DMR WS HW Support U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) Total $9,234.00 b ( v mq (b m q mm b m m b x m m m m b m b m m b ' ' mb bm q v v b v v b m m m m v v m v Page | 23 of Customer Name: City of Charleston Contract Number: WV IP123 Payment Terms: Net 30 days Customer Email: adam.cottrell@cityofcharleston.org Quote Date: 5/1/2026 Quote Expiration Date: Contract #: WV IP123 Big Deal # 47343448 HP Sale Rep Simcox@hp.com Quote # 5012026 MDENT Part Number Description Quantity Unit Price C0HF9UC Standard Desktop G9 BIOS 5 $636.00 $3,180.00 FH973AA DisplayPort TO DVI-D Adapter (single link) Cable UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) C0YQ9UC Standard Laptop G1i BIOS 1 $724.00 $724.00 U85N6E HP 4y Premium Onsite w/DMR Notebook U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) U87CFE HP 4y Premium Onsite 1 time Battery Replacement U96XWAAE HP 5 y Absolute Resilience 2500-9999 BW0X1UC Fixed Workstation G5 BIOS 1 $3,027.00 $3,027.00 U61DWE HP 4 year Onsite Care w/DMR WS HW Support U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) Total $6,931.00 b ( v mq (b m q mm b m m b x m m m m b m b m m b ' ' mb bm q Page | 24 of  b m m b x m m m m b m b m m b ' ' mb bm q v v b v v b m m m m v v m v Page | 25 of Customer Name: City of Charleston Contract Number: WV IP123 Payment Terms: Net 30 days Customer Email: adam.cottrell@cityofcharleston.org Quote Date: 5/1/2026 Quote Expiration Date: Contract #: WV IP123 Big Deal # 47343448 HP Sale Rep Simcox@hp.com Quote # 5012026 Parking Part Number Description Quantity Unit Price C0HF9UC Standard Desktop G9 BIOS 4 $636.00 $2,544.00 FH973AA DisplayPort TO DVI-D Adapter (single link) Cable UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp U96XWAAE HP 5 y Absolute Resilience 2500-9999 U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats) Total $2,544.00 b ( v mq (b m q mm b m m b x m m m m b m b m m b ' ' mb bm q v v b v v b m m m m v v m v Page | 26 of Page | 27 of | Page | 28 of Page | 29 of Page | 30 of  Quote # Quote Date 031226-0951.1 5/13/2026 TO: FROM: Name: Larry Vernati Name: Lori Caldwell Company: City of Charleston Company: AdvizeX Technologies Address: 501 Virginia St E Address: 6480 Rockside Wds Blvd S Suite 190 Address: Charleston, WV 25301 Address: Independence, OH 44131 Phone: 304-348-8058 Phone: 304-541-3400 Email: larry.vernati@cityofcharleston.org Email: lcaldwell@advizex.com ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PDFEDT14PLMP03 FOXIT PDF EDITOR per user 36 - 99 50 $184.22 $9,211.00 PDFEDT14UPMP03 PDF EDITOR MAINTENANCE Support per user 36 - 99 50 $36.84 $1,842.00 Subtotal $11,053.00 Tax $0.00 Estimated Freight $0.00 TOTAL: $11,053.00 Notes: Unless reflected in the quotation, total does not include applicable sales tax and shipping charges. Terms & Conditions F.O.B. The terms and conditions which shall govern this quotation are Advizex’s Standard Sales Terms and Point of Origin Conditions (the “Agreement”). Performance under this quotation is conditioned upon both parties successfully entering into and executing the Agreement. Both parties hereto acknowledge and agree that none of the product referenced herein shall ship to customer prior to execution of the Agreement. Subject to Advizex’s prior written approval and in the event that it is not feasible for the parties to enter into and execute the Agreement prior to shipment of the product referenced herein, Customer hereby agrees to negotiate in good faith and execute the Agreement within thirty (30) days after the shipment by Advizex of the product referenced herein. If no Agreement has been executed, Customer hereby agrees to pay Advizex the full invoice price for the product(s) referenced herein within thirty (30) days of the date of invoice, which shall be generated upon shipment of the product. Page 1 | 31 of Page Page | 32 of Page | 33 of Page | 34 of Page | 35 of  Bill No. 8078 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Chelsea Steelhammer, Shawn Taylor Ordinance & Rules Bruce King Jr. and Public Safety 1 Bill No. 8078 - A BILL to amend and reenact Section 10-162 of the Municipal Code of 2 the City of Charleston, as amended, relating to the prohibition against aggressive dogs 3 at large, to add a charge for subsequent offenses, and the penalties and fines therefore, 4 and to set procedures to automatically trigger the Dangerous Dogs provisions set forth 5 in Sections 10-114, 115, 116, 117, and 118. 6 7 Now, therefore, be it ordained by the Council of the City of Charleston: 8 9 That Article I of Chapter 10, specifically, Section 10-162 of the Municipal Code of the 10 City of Charleston, as amended, is hereby amended and reenacted to read as follows: 11 12 Sec. 10-162. - Aggressive dogs prohibited to run at large; fines. 13 14 (a) It shall be unlawful for any person to own or keep an aggressive dog which is at any 15 time running at large in the city. Knowledge or acquiescence by the owner or keeper is 16 not an element of the offense. An aggressive dog at large means any dog running at 17 large as defined in section 10-161 that, without provocation, exhibits aggressive or 18 combative behavior toward a person or another domestic animal or feral cat, and said 19 person or domestic animal or feral cat is either physically attacked or bitten, or the 20 person or domestic animal's owner or keeper reasonably believes an attack or bite is 21 imminent. 22 23 (b) Any person found guilty of an aggressive dog at large shall be punished by a fine as 24 follows: not more than $50.00150.00 for the first offense within a 24-month period; and 25 not less than $50.00 nor more than $1,000.00 for any second or subsequent offense 26 within a 24-month period of a conviction for a prior offense. The municipal court judge 27 shall have authority to suspend or reduce the fine if the defendant agrees to forfeit 28 ownership of the dog. In such cases all interest of in the animal shall vest to the human 29 association for appropriate disposition. All fines arising from convictions for violations of 30 this section shall be in addition to any applicable court costs or impoundment fees. 31 32 (c) If a person is adjudicated guilty of a second or subsequent offense pursuant to this 33 section, and the second or subsequent offense involves the same dog involved in any 34 prior offense pursuant to this section, then the Municipal Court Judge shall, sua sponte, 35 make a determination pursuant to the standards set forth in sections 10-114 and 10-115 Page | 36 of 36 of this Article whether the dog in question in the instant case should be declared a 37 dangerous dog. In making the determination, the judge may rely upon all credible 38 information available to the court from its record of any prior offenses and the evidence 39 before the court in the instant case. In addition, the judge may, in his or her discretion, 40 receive additional evidence relevant to the determination, and, if the judge deems it 41 necessary, schedule a future hearing or other proceedings as may be required to make 42 the determination. 43 44 (d) If at any time while charges are pending adjudication under this section against the 45 owner or keeper of a dog there is probable cause that the dog is guilty of an additional 46 charge of running at large as defined in section 10-161, then the dog shall be seized 47 and impounded at the humane association by a humane officer or police officer and 48 held until the underlying charge and any additional charges for the dog being at large 49 under section 10-161 or this section are fully adjudicated or otherwise dismissed. Upon 50 the full adjudication of any such charges, or if the charges are otherwise dismissed, 51 then, except as provided in this Article for a dog being held pending a determination of 52 Dangerous Dog pursuant to sections 10-115, the owner shall have five days from the 53 date of adjudication or dismissal to appear and claim said dog in accordance with the 54 conditions set forth in section 10-163. The owner shall be responsible for all reasonable 55 expenses incurred for the care, provision, treatment, and boarding from the date of 56 impoundment until redemption of the dog; provided that if the animal is not claimed 57 within five days from the date of full adjudication or of dismissal, then the owner shall be 58 deemed to have forfeited all interest in the dog, the dog shall be deemed abandoned, 59 and all interest in the animal shall vest to the humane association or other animal care 60 provider for adoption or other disposition. 61 Page | 37 of  Bill No. 8079 Introduced in Council: Adopted by Council: May 18, 2026__________ Introduced by: Referred to: Joseph Solomon____ Ordinance and Rules Committee and Finace Committee_____________ 1 Bill No. 8079 - A Bill amending the Charter of the City of Charleston, Section 35 “Election 2 and term of office of elective officers; salary of mayor; appointments by mayor; term of 3 appointive officers; duties of mayor and city solicitor; salary of solicitor; fees” relating to 4 revising the election cycle for the city council member elections. 5 6 WHEREAS, the Charter establishes the dates for City of Charleston municipal 7 elections; and 8 9 WHEREAS, it is essential to ensure regular turnover in elected offices to 10 encourage fresh perspectives and ideas for addressing the evolving needs of our 11 community; and 12 13 WHEREAS, overlapping terms of office are critical for conveying institutional 14 knowledge and sharing processes for efficient city governance; and 15 16 WHEREAS, the 2030 city elections mark an appropriate starting point to 17 implement staggered elections for members of Charleston’s City Council. 18 19 WHEREAS, the Council of the City of Charleston, West Virginia, has determined 20 that it is necessary, convenient and expedient for the aforesaid reasons to amend Section 21 35 of the Charter of the City of Charleston, West Virginia, to enact changes the election 22 cycle for council members of the City of Charleston; and 23 24 WHEREAS, after proper public notice, a public hearing was held in Council 25 Chambers on _________________, at 7:00 pm, wherein the citizens were given 26 opportunity to file any written objections to the Charter amendments proposed herein; 27 and 28 29 WHEREAS, written objections, if any, were withdrawn within the 10 days following 30 the _____________, hearing; 31 32 Be it further Ordained: that Section 35 of the Charter of the City of Charleston, West 33 Virginia, shall be amended to read as follows: 34 35 Sec. 35. - Election and term of office of elective officers; appointments by mayor; Page | 38 of 36 appointment of city clerk; appointments by manager; duties of mayor and city 37 solicitor; fees. 38 39 The mayor, members of council, municipal judge and treasurer elected on May 16, 2015, 40 shall serve a term beginning on the third Monday in June, 2015, and ending in January 41 2019 when the term of their successors begins. Their successors shall be elected on the 42 first Tuesday in November, 201830, in conjunction with the state and county election 43 administered by the clerk of the county court of Kanawha County, West Virginia, and shall 44 begin their term on the first Monday of January 2031, unless said Monday is a state 45 holiday, in which case their term shall begin on the first Tuesday of January. 46 47 Thereafter, beginning in 2030, the election cycle shall transition to staggered city council 48 member elections so that one-half of the council is elected on an alternate election cycle. 49 To accomplish this transition, the determination of which ward seats shall serve a one- 50 time two-year term shall be made by a public random selection process conducted by the 51 City Clerk. The City Clerk shall conduct a lottery style drawing to determine whether the 52 two-year term will be for the odd or even numbered wards. Such random selection 53 process shall be conducted publicly, to be completed at least nine (9) months prior to the 54 2030 candidate filing deadline in order to provide adequate notice and preparation time 55 for prospective candidates, the City Clerk, and all relevant administrative bodies. 56 57 The wards selected to serve the one-time two-year term shall begin on the first Monday 58 of January after their election, unless said Monday is a state holiday, in which case their 59 term shall begin on the first Tuesday of January, with those seats next standing for 60 election in 2032 and every four years thereafter (2036, 2040, and so on). The remaining 61 wards shall serve on the current four-year term cycle, beginning on the first Monday of 62 January after their election, unless said Monday is a state holiday, in which case their 63 term shall begin on the first Tuesday of January, with those seats next standing for 64 election in 2034 and every four years thereafter (2038, 2042, and so on). 65 66 With respect to the six (6) At-Large seats to be filled in the 2030 election, three (3) seats 67 shall be designated as the one-time two-year term and three (3) seats shall be designated 68 as regular four-year terms at the same time as the random selection process. Candidates 69 filing for At-Large office shall, at the time of filing, designate whether they seek the two- 70 year term or four-year term, and elections shall be conducted accordingly. The three At- 71 Large members elected for two-year term shall serve beginning on the first Monday of 72 January after their election, unless said Monday is a state holiday, in which case their 73 term shall begin on the first Tuesday of January, with those seats next standing for 74 election in 2032 and every four years thereafter. The three At-Large members elected to 75 four-year terms shall serve beginning on the first Monday of January after their election, 76 unless said Monday is a state holiday, in which case their term shall begin on the first 77 Tuesday of January, with those seats next standing for election in 2034 and every four 78 years thereafter. 79 80 The mayor, members of council, municipal judge and treasurer shall be elected at 81 intervals of four years in conjunction with the state and county election administered by Page | 39 of  82 the clerk of the county court of Kanawha County, West Virginia, and their term shall begin 83 on the first Monday of January after their election, unless said Monday is a state holiday, 84 in which case their term shall begin on the first Tuesday of January, with those seats next 85 standing for election in 2034 and every four years thereafter. 86 87 The mayor shall appoint the city solicitor, an assistant city solicitor, the chief of police, 88 humane officer or officers, building inspector, collector, city auditor, engineer, health 89 commissioner, lockup keeper, municipal court clerk, and the chief of the fire department, 90 and these appointments shall not require any confirmation by the council but shall be 91 made at the discretion of the mayor, who shall, with like discretion, have the full and 92 complete power of removal thereof. The mayor shall appoint the manager, by and with 93 the advice and consent of the council. The council shall, either at a regular or special 94 meeting called for that purpose, pass upon such nomination and either confirm or reject 95 the same, and if such nomination is rejected, then the mayor shall submit to the council 96 a further nomination of some other person or persons until the nomination is confirmed 97 by council, for said office of manager, but it shall be the duty of the council to pass upon 98 all nominations without unreasonable delay; and in any event within two weeks after the 99 submission of the same, and the failure of members of the council to pass thereon within 100 such time shall be cause for the removal from office of such members of the council as 101 shall have refused to act thereon. 102 103 The council shall appoint a city clerk. The manager shall appoint or employ such persons 104 as the ordinances of the city may require or the council may authorize by proper 105 resolution. 106 107 It shall be the duty of the mayor to attend all meetings of the council and preside over that 108 body. 109 110 It shall be the duty of the mayor to see that all of the laws and ordinances of the city are 111 enforced and he shall have a general oversight over the peace, health and good order of 112 the city. 113 114 The duties of the city solicitor or assistant city solicitor shall be to attend the sessions of 115 council (and) to prosecute all suits on behalf of the city and defend all suits against the 116 city, to advise the council and all of the departments of the city and in general to look after 117 the interests of the city when it shall need legal services. 118 119 All fees of every kind collected by any officer or employee, including the municipal judge 120 when acting as a justice, shall be paid to the city treasurer. 121 122 This Ordinance shall become effective upon passage. Page | 40 of  Bill No. 8080 Introduced in Council: Adopted by Council: May 18, 2026_______ Introduced by: Referred to: Joseph Solomon and Chelsea Steelhammer Ordinance and Rules And Public Safety 1 Bill No. 8080 - Repealing Charleston’s Harm Reduction Restrictions and Affirming 2 Evidence-Based, Economic, & Legal Public Health Policy 3 4 SECTION 1. Background. 5 WHEREAS, on April 19 2021, the City of Charleston adopted Bill No. 7893, establishing 6 restrictions on syringe services programs under Sections 78-381 through 78-384 of the 7 City Code; and 8 WHEREAS, in 2015, City Council passed earlier restrictions granting its Chief of Police 9 regulatory authority over programs which distribute syringes through Sections 78-396 & 10 78-397; and 11 WHEREAS, the provisions collectively impose restrictive requirements on harm 12 reduction programs, including a 90% minimum return rate and individual marking of 13 syringes that conflict with evidence-based best practices, police oversight of public 14 health programs, and additional public hearing requirements not required for other 15 public health services; and 16 WHEREAS, Charleston is the only city in West Virginia that, by way of Sec. 78-322, 17 creates potential misdemeanor charges for violating these requirements; and 18 WHEREAS, harm reduction programs are widely considered a best practice in 19 responding to substance use disorder and preventing infectious disease outbreaks; and 20 WHEREAS, syringe services programs are recognized by the Centers for Disease 21 Control and Prevention, the National Institutes of Health, and the World Health 22 Organization as evidence-based, public health interventions that reduce the 23 transmission of HIV, hepatitis C, and other infectious diseases while increasing access 24 to treatment and recovery services; and Page | 41 of 25 WHEREAS, new participants of syringe service programs were found to be five times 26 more likely to enter drug treatment and almost three times more likely to stop using 27 drugs; and 28 WHEREAS, the Centers for Disease Control and Prevention states that needs-based 29 syringe services programs, which do not require the return of used syringes for the 30 procurement of new ones, are most effective at reducing new HIV and viral hepatitis 31 infections; and 32 WHEREAS, substance use disorder is recognized as a disability under federal law in 33 many contexts, and courts have increasingly recognized harm reduction services as 34 part of the continuum of health care available to people living with addiction; and 35 WHEREAS, in a 2025 lawsuit brought by the American Civil Liberties Union, a federal 36 court in Washington State found that syringe service programs constitute protected 37 health services and services provided in connection to drug rehabilitation under the 38 Americans with Disabilities Act, held that an ordinance restricting access to these 39 services discriminated on the basis of disability, and enjoined enforcement of the 40 ordinance, leading to the repeal of the ordinance; and 41 WHEREAS, municipalities that impose barriers to harm reduction programs may 42 therefore expose themselves to significant legal risk, attorneys’ fees, and potential 43 liability under federal disability law; and 44 WHEREAS, Charleston is the seat of Kanawha County, the county which has led the 45 state in fatal overdoses each year since 2018; and 46 47 WHEREAS, Kanawha County has witnessed at least 849 fatal overdoses since 2021, 48 the year Charleston City Council created its most recent harm reduction ordinance 49 rules; and 50 WHEREAS, Kanawha County has diagnosed at least 99 new HIV cases related to 51 injection drug use since 2021, the year Charleston City Council created its most recent 52 harm reduction ordinance rules; and 53 WHEREAS, Kanawha County has diagnosed at least 1,567 new cases of chronic 54 Hepatitis C since 2021, the year Charleston City Council created its most recent harm 55 reduction ordinance rules; and 56 WHEREAS, public policy should seek to expand lifesaving services rather than create 57 barriers to them; and Page | 42 of 58 WHEREAS, following the promulgation of non-evidence-based regulations by the then- 59 Chief of Police in March 2018, the Kanawha-Charleston Health Department was 60 pressured into shutting down its syringe services program; and 61 WHEREAS, in February 2021, the WV Center on Budget and Policy published a report 62 calculating that the economic cost of losing the Kanawha-Charleston Health Department 63 syringe program in Kanawha County was $1.268 billion dollars in 2018 alone; and 64 WHEREAS, on August 3rd 2021, the Center for Disease Control published an Epi-Aid 65 Report for Kanawha County on the subject of the “Outbreak of HIV infections among 66 persons who inject drugs in Kanawha County, WV”. The report’s first priority 67 recommendation is to: “Expand access to sterile syringes and other injection equipment 68 through comprehensive harm reduction services, such as low-barrier, one-stop shop 69 models in multiple locations that also incorporate mobile or street outreach elements.”; 70 and 71 WHEREAS, the city’s commitment to compassionate, evidence based policies can be 72 found in the creation of the city’s Coordinated Addiction Response Effort (CARE), the 73 city’s utilization of opioid settlement for life-saving community projects, and the city’s 74 own Comprehensive Plan calling for the “implement[ion of] harm reduction strategies to 75 reduce the consequences of opioid use disorder.”; and 76 WHEREAS, criminal penalties for providing lifesaving health supplies to vulnerable 77 residents undermine the City’s commitment to compassion, evidence-based policy, and 78 public health; and 79 WHEREAS, policies that stigmatize or obstruct health services for people who use 80 drugs can worsen health outcomes and undermine trust between vulnerable residents 81 and public institutions; and 82 WHEREAS, on April 10th 2021, the State of West Virginia passed SB 344, which added 83 rules and regulations governing the licensure of harm reduction programs throughout 84 the state; and 85 WHEREAS, according to SB 344, syringe service programs must “provide a written 86 statement of support from a majority of the members of the county commission and a 87 majority of the members of a governing body of a municipality in which it is located or is 88 proposing to locate”; and 89 WHEREAS on August 7, 2023 the City of Charleston failed to procure from the majority 90 of its City Council a statement of support for the Women’s Health Center application to 91 run a syringe service program at its own expense; and Page | 43 of  92 WHEREAS, Health Right operates the only syringe services program licensed by the 93 State of West Virginia and approved by Charleston City Council, but distributed only 94 7,230 syringes in 2024—2% of the syringes that the Cabell-Huntington Health Dept 95 distributed that year. This single program does not constitute a public health response 96 for the city or its county nor in any way does its existence condone the city’s current 97 restrictive code; and 98 WHEREAS, were city code sections 78-381 through 78-397 to be repealed, SB 344 99 would still require the City Council of Charleston, WV to approve by a majority any 100 further licensed syringe programs to operate within its city limits; and 101 WHEREAS, the City of Charleston reaffirms its commitment to policies grounded in 102 compassion, science, and the protection of human life; and 103 SECTION 2. Repeal. 104 Sections 78-381 through 78-397 of the Charleston Code of Ordinances are hereby 105 repealed in their entirety. 106 Secs. 78-375—78-380. - Reserved. 107 Subdivision II. - Distribution of Hypodermic Needles and Syringes[15] 108 Sec. 78-381. - Distribution of hypodermic needles; state certification required. 109 It shall be unlawful for any person or persons as principal, clerk, agent servant or 110 otherwise acting individually or on behalf of any entity, organization or group to 111 operate a harm reduction program that includes the distribution of any 112 hypodermic syringes, needles and other similar objects used or designed for 113 injecting substances into the human body, without obtaining and having a syringe 114 services program license from the West Virginia Office for Health Facility 115 Licensure and Certification, pursuant to W. Va. Code ch. 16, art. 63 and any 116 other licenses required under state law to do so. Provided, that between the 117 effective date of this bill and January 1, 2022, all harm reduction programs that 118 include the distribution of any hypodermic syringes, needles and other similar 119 objects operating within the City of Charleston shall be certified by the West 120 Virginia Bureau for Public Health within the West Virginia Department of Health 121 and Human Resources or has obtained a syringe services program license from 122 the West Virginia Office for Health Facility Licensure and Certification. 123 (Bill No. 7893, 4-19-2021) 124 Sec. 78-382. - Compliance with state law and regulations. Page | 44 of 125 Every person, entity, organization, or group certified or licensed to sell, market, or 126 distribute hypodermic needles shall comply with all applicable state law and 127 regulations, pursuant to W. Va. Code ch. 16, art. 63; provided, every harm 128 reduction program offering a syringe services program and operating in the City 129 of Charleston shall: 130 (1) 131 Individually mark each syringe dispensed with identifying information that clearly 132 allows for the identification of each syringe dispensed by the program; and 133 (2) 134 Distribute syringes with a goal of a 1:1 model, where "goal of a 1:1 model" means 135 returning a minimum of 90 percent of the syringes distributed. 136 (Bill No. 7893, 4-19-2021) 137 Sec. 78-383. - Penalty. 138 Any person violating any provision of this subdivision shall, if convicted, be guilty 139 of a misdemeanor and be fined not less than $500.00 nor more than $1,000.00 140 for the first offense and succeeding offenses. Each day that such violation shall 141 continue shall be deemed a separate and distinct offense. 142 (Bill No. 7893, 4-19-2021) 143 Sec. 78-384 - Council approval of application for state license to offer syringe 144 services program. 145 Upon receipt of an application for a license to offer a syringe services program, 146 council will schedule at least one public hearing near the applicant's proposed 147 location, to solicit and accept public input on the program, as well as provide the 148 applicant an opportunity to provide information on its program. Two weeks before 149 the scheduled date of the public hearing, the applicant shall mail notice of the 150 public hearing and a copy of its application to residents and businesses within a 151 two-block radius of the applicant's proposed location; and notice shall be 152 published by the city on its website and provide the program's application online, 153 with additional printed copies provided upon request and available at the public 154 hearing. The hearing will be recorded and made available online to the public. 155 The public may submit written comments to council regarding the program up 156 until the time of the council meeting at which council will be voting on whether to 157 issue a letter of support. Under no circumstances shall council vote on a program 158 prior to the holding of the public hearing required herein and for one week after 159 the public hearing. 160 (Bill No. 7893, 4-19-2021) 161 Secs. 78-385—78-395. - Reserved. 162 Subdivision III. - Needle Exchange Program Page | 45 of 163 164 Sec. 78-396. - Needle exchange program authorized. 165 The City of Charleston, by and through its Chief of Police, may sponsor, approve, 166 or participate in a program or programs within the City of Charleston for the 167 distribution or exchange of hypodermic syringes, needles and other similar 168 objects used or designed for injecting substances into the human body. 169 (Bill No. 7666, 9-21-2015) 170 Sec. 78-397. - Rules and regulations; Chief of Police authorized. 171 The Chief of Police of the City of Charleston Police Department is authorized to 172 promulgate reasonable rules or regulations deemed necessary to implement and 173 administer a program within the City of Charleston provided for in Section 78-396 174 for the distribution or exchange of hypodermic syringes, needles and other 175 similar objects used or designed for injecting substances into the human body. 176 (Bill No. 7666, 9-21-2015) 177 This Ordinance shall become effective upon passage. Page | 46 of  Resolution No. 26-059 Introduced in Council Adopted by Council: May 18, 2026 Introduced by: Referred to: Shannon Snodgrass and Ordinance and Rules Joseph Solomon 1 Resolution No. 26-059 - Creating Rule No. 26 of the Rules of Council, relating to establishing a 2 requirement that all bills, ordinances, resolutions, or proposed charter amendments submitted 3 by members of city council be included on the agenda of the committee of reference within 45 4 days of submission to the city clerk. 5 6 WHEREAS, City Council committees exist to facilitate, not obstruct, the legislative process; and 7 8 WHEREAS, The authority of a committee chair shall include an obligation to ensure fair and timely 9 consideration of legislation referred to the committee; and 10 11 WHEREAS, The absence of enforceable timelines permits undue delay and frustrates the 12 legislative rights of elected Council members; 13 14 Now, therefore, be it Resolved by the Council of the City of Charleston: 15 16 That Rule No. 26 of the Rules of Council is hereby created to read as follows: 17 18 Rule No. 26. – Requiring Committee Consideration. 19 20 (a) Any bill, ordinance, resolution, or proposed charter amendment submitted by a member 21 of the City Council and referred to a standing or special committee shall be scheduled for 22 a properly noticed public hearing within forty-five (45) calendar days of its filing with the 23 City Clerk. This duty is mandatory, ministerial, and non-discretionary. A “hearing” shall 24 mean a committee meeting at which the bill, ordinance, resolution or charter amendment 25 is listed on the agenda and the sponsoring Council member is afforded a reasonable 26 opportunity to present and explain the proposal. 27 Page | 47 of 28 (b) If a committee fails to hold such a hearing within the required time, the bill, ordinance, 29 resolution or charter amendment shall be automatically discharged from the committee 30 by operation of law. Upon discharge, the City Clerk shall record the discharge and place 31 the bill, ordinance, resolution or charter amendment on the agenda for the next regular 32 meeting of the City Council for first reading or other appropriate action. No action or 33 inaction by a committee chair, committee, or Council member shall delay, prevent, or 34 invalidate this automatic discharge. 35 36 (c) The forty-five (45) day requirement may be extended only by written consent of the 37 sponsoring Council member filed with the City Clerk prior to the deadline, or upon a 38 recorded majority vote of the City Council finding that a declared emergency, court order, 39 or other constraint which makes compliance impossible; and that any such extension of 40 this requirement shall specify a date certain. This Rule shall apply to any bill, ordinance, 41 resolution or charter amendment filed on or after its effective date. 42 Page | 48 of  Bill No. 8077 Introduced in Council: Adopted by Council: May 18, 2026 Introduced by: Referred to: Chelsea Steelhammer, Shawn Taylor Ordinance & Rules and Bruce King and Public Safety 1 Bill No. 8077 - A BILL to amend and reenact Section 10-5 of the Municipal Code of the 2 City of Charleston, as amended, relating to procedures applicable to caring for and/or 3 impounding animals subject to poisoning or animal cruelty, and the penalties and fines 4 therefore. 5 6 Now, therefore, be it ordained by the Council of the City of Charleston: 7 8 That Article I of Chapter 10, specifically, Section 10-5 of the Municipal Code of the City 9 of Charleston, as amended, is hereby amended and reenacted to read as follows: 10 11 Sec. 10-5. - Procedures, penalties, and fines, and provisions for forfeiture for 12 violations of sections 10-2, 10-3 and 10-4. 13 14 (a) Any police officer or humane officer may take into custody any animal, upon either 15 private or public property, which clearly shows evidence of cruelty to animals as set 16 forth in sections 10-2, 10-3 or 10-4. Such officer may: 17 18 (1) Inspect, care for, or treat such animal or place such animal in the care of the 19 humane association or licensed veterinarian for treatment, boarding or other care; or 20 21 (2) Designate such animal for humane destruction if an officer of the humane 22 association or licensed veterinarian determines that the animal appears to be diseased 23 or disabled beyond recovery for any useful purpose. 24 25 (b) The owner or keeper of an animal that is destroyed pursuant to subsection (a) herein 26 shall not be entitled to recover damages for the destruction of such animal unless the 27 owner or keeper proves by clear and convincing evidence that such destruction was 28 unreasonable and unwarranted. 29 30 (c) In addition to the fines and/or imprisonment imposed by this section, any defendant 31 convicted of a violation of sections 10-2, 10-3 or 10-4 shall pay to the municipal court, 32 consistent with section 10-163, a penalty of all reasonable expenses incurred for the 33 care, provision, treatment, and boarding of any animal taken into custody pursuant to 34 subsection (a) herein. Upon payment of such penalty, the municipal court shall remit 35 such payment to the humane association or other animal care provider. Page | 49 of 36 37 (d) If a person is charged with a violation of section 10-2, 10-3, or 10-4, and that person 38 (the defendant) is the owner or keeper of the animal at issue, then the following shall 39 apply: 40 (1) If the animal at issue has been taken into custody pursuant to this section, the 41 receipt of a citation or complaint and summons specifying the charges shall be deemed 42 to be notice of the seizure of the animal, and if the defendant shall willfully and without 43 just cause fail to appear or otherwise respond in the municipal court as and when it may 44 be required of him or her by proper notice to do so, Defendant shall have seven days 45 from the date of the failure to appear to turn himself or herself in to the court for further 46 proceedings; however, if defendant fails to do so within that period, the defendant shall 47 be deemed to have forfeited all interest in the animal and it shall be deemed 48 abandoned, and all interest in such animal shall immediately, by operation of law, vest 49 to the humane association or other appropriate animal care provider for adoption or 50 other disposition, Provided That, nothing herein shall prohibit or otherwise interfere with 51 any other laws, rules, or procedures available to the municipal court to address the 52 defendant’s failure to appear; or 53 54 (2) If a personthe defendant has not otherwise already forfeited all interest in the 55 animal at issue by operation of law as set forth in subsection (1) herein for failure to 56 appear, and the defendant is adjudicated guilty of a violation of sections 10-2, 10-3, or 57 10-4, the municipal court judge may in his or her discretion order that such person the 58 defendant shall be deemed to have forfeited all interest in the animal at issue in the 59 violation and may vest all interest to the humane association or other appropriate animal 60 care provider for adoption or other disposition, and, if the animal at issue has not 61 already been taken into custody pursuant to this section, the municipal court judge shall 62 order the defendant to immediately turn over such animal to any police officer or 63 humane officer of the City who shall place the animal with the humane association or 64 other animal care provider as directed by the judge in his or her order.; or 65 66 (3) If the person defendant has not otherwise already forfeited all interest in the animal 67 at issue by operation of law as set forth in subsection (1) herein for failure to appear, 68 and the defendant is adjudicated not guilty of a violation of sections 10-2, 10-3, or 10-4, 69 or the charge(s) are otherwise be dismissed, and the animal at issue has been taken 70 into custody pursuant to this section, then the defendant shall have ten five days from 71 the date of the entry of the finding of not guilty or of dismissal to appear and claim said 72 animal. The defendant shall be responsible for all reasonable expenses incurred for the 73 care, provision, treatment, and boarding from the date of the entry of the disposition of 74 the case until redemption of the animal; provided that if the animal is not claimed within 75 ten five days from the date of entry of the finding of not guilty or of dismissal, then the 76 owner shall be deemed to have forfeited all interest in the dog animal, the doganimal 77 shall be deemed abandoned, and all interest in the animal shall vest to the humane 78 association or other animal care provider for adoption or other disposition. 79 80 (4) If the charges were pending in the municipal court prior to the date of the enactment 81 of this amended section, defendant has failed to appear for any required proceeding, Page | 50 of  82 and the animal at issue has been taken into custody pursuant to this section, then the 83 court is hereby directed to send the defendant a new notice of hearing by regular mail to 84 the defendant’s address on file with the court setting the case for a hearing before the 85 Court, and, if the defendant shall willfully and without just cause fail to appear or 86 otherwise respond in the municipal court as and when it is required of him or her by the 87 notice hearing to do so, Defendant shall have seven days from the date of the failure to 88 appear to turn himself or herself in to the court for further proceedings; however, if 89 defendant fails to do so within that period, the defendant shall be deemed to have 90 forfeited all interest in the animal and it shall be deemed abandoned, and all interest in 91 such animal shall immediately, by operation of law, vest to the humane association or 92 other appropriate animal care provider for adoption or other disposition 93 94 (e) If a person other than the owner or keeper of an animal is charged with a violation of 95 section 10-2, 10-3, or 10-4, or if, due to inability to immediately identify the culpable 96 party responsible for the cruelty, no charges are brought, and the animal at issue is 97 taken into custody by a police officer or humane officer pursuant to subsection (a) of this 98 section, then: 99 100 (1) if the identity of the owner or keeper of the animal is known, it shall be the duty of the 101 police officer or humane office to provide written notice of the seizure to the owner or 102 keeper of the animal, that the animal has been seized, and of the following 103 requirements which are a condition for the owner or keeper to retrieve the animal: 104 105 (A) He or she is liable for and must pay all reasonable expenses incurred for the care, 106 provision, treatment, and boarding of the animal during any period it remains in the 107 possession of the humane officer consistent with section 163 of this Chapter; 108 109 (B) He or she must appear and claim the animal and pay the reasonable expenses 110 incurred within five days from the date the notice is received, or, upon expiration of the 111 five-day time period, the owner or keeper shall be deemed to have forfeited all interest 112 in the animal and it shall be deemed abandoned and all interest in such animal shall 113 immediately, by operation of law, vest to the humane association or other animal care 114 provider for adoption or other disposition; or 115 116 (2) if the identity of the owner or keeper of the animal is not known, the owner of the 117 animal so impounded pursuant to the provisions of this article must appear and claim 118 the said animal within five days from the date the animal is impounded. The owner shall 119 be responsible for all reasonable expenses incurred for the care, provision, treatment, 120 and boarding from the date of the impoundment until redemption of the animal; provided 121 that if the animal is not claimed within five days from the date of impoundment, then the 122 owner, if any, shall be deemed to have forfeited all interest in the animal, the animal 123 shall be deemed abandoned, and all interest in the animal shall immediately, by 124 operation of law, vest to the humane association or other animal care provider for 125 adoption or other disposition. 126 127 (ef) Subject to the exceptions contained in subsections (1) and (2) herein, a person Page | 51 of 128 convicted of a violation of sections 10-2, 10-3 or 10-4 shall be punished by a fine of not 129 less more than $500.00$1,000.00 for each separate violation arising under sections 10- 130 2, 10-3 or 10-4. For violations of subsection 10-3(a)(1), and in addition to the fines set 131 forth herein, the municipal court judge may, in his discretion, order that the defendant be 132 sentenced to a jail term of not more than 30 days for each separate violation arising 133 under subsection 10-3(a)(1). 134 135 (1) Except for violation of subsections 10-3(a)(1)a.—c., in the case of a first offense of 136 sections 10-3 or 10-4, if the defendant enters a plea of guilty or no contest and 137 voluntarily forfeits his right to own any animal within the city limits for one year, the 138 municipal court judge may, in his discretion, reduce or suspend the fine: provided that if 139 the defendant violates the terms of the plea regarding forfeiture, then the full amount of 140 the fine shall be reinstated upon proper findings and conclusions of the court. 141 142 (2) Except for violation of subsections 10-3(a)(1)a.—c., the municipal court judge shall 143 have the authority, on one occasion only per defendant, to withhold for a reasonable 144 time not to exceed 180 days the entry of a judgment of conviction for violations under 145 sections 10-3 or 10-4 so that the defendant may attend an animal training program 146 established or certified by the humane association. If the defendant attends said course, 147 the municipal court judge, if satisfied with the defendant's participation in and proof of 148 payment for the course, shall, without entering a judgment of conviction, dismiss the 149 proceeding against the defendant. It shall be a condition of this alternative disposition 150 that the defendant pay the regular court costs required for misdemeanor offenses by 151 this code where a person is convicted of such a misdemeanor offense. Any such court 152 costs collected by the municipal court shall be allocated and transmitted by the 153 municipal court as required by law. 154 Page | 52 of