HomeMy WebLinkAboutBPW May 31, 2023 CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS
MINUTES
May 31, 2023
PRESENT (IN PERSON): Andy Crouch City Engineer, Rob Waiz Redevelopment Director, Len
Ashach Director of Wastewater, Bill Dixon Assistant City Engineer, Yvonne Dowd Assistant
Controller, Kim Calabro HR Director, Matt Dyer IT Director, Mary Frey Admin Assistant to
Building Commission, Elisha Gibson Manager Sewer Billing, Sarah Green Animal Shelter
Director, Amy Huffman Community Liaison, Mike McCutcheon JFD Deputy Chief, Heather
Metcalf City Controller, Linda Mill Permit Clerk, Les Merkley Corporation Counsel, Clark Miles
Street Commissioner, Kevin Morlan Director of Street Department, Michael O'Brien Director of
Vehicle Maintenance, Christy O'Neil Executive Assistant Mayor, Heather Rapp Public Arts
Administrator, Chad Reischl Director of Planning and Zoning, Delynn Rutherford Grant
Administrator, Jason Sharp JFD Deputy Chief, Brian Smith Safety Manager, and Jay Thompson
Assistant Director of Wastewater, Lisa Gill City Clerk, and Patsy Kiser Deputy Clerk
PRESENT (VIRTUAL): Mayor Mike Moore
CALL TO ORDER: Mayor Mike Moore called the meeting to order at 9:30 a.m. in the Mayor's
Conference Room in City Hall. The meeting was held in person and streamed on the City's
Website. Andy Crouch and Rob Waiz served on the board.
APPROVAL OF THE MINUTES: Mr. Crouch made the motion to approve the minutes from May
24, 2023. Mr. Waiz seconded the motion; roll call vote: Mr. Crouch —Yes, Mr. Waiz—Yes,
Mayor Moore —Yes; motion passed, 3-0.
APPROVAL OF PAYROLL: Mr. Waiz made the motion to approve the payroll. Mr. Crouch
seconded the motion; roll call vote: Mr. Crouch —Yes, Mr. Waiz —Yes, Mayor Moore—Yes;
motion passed, 3-0.
OLD BUSINESS:
NEW BUSINESS:
1. Les Merkley/Kim Calabro-Request for approval of insurance consulting contract
between City and Brown and Brown of Kentucky — Mr. Merkley advised this is a
services agreement for Consulting Services with Brown and Brown, they are an
insurance agency the City would like to retain to assist with searching for a new health
insurance carrier as Humana will no longer be providing Health Insurance for employers
starting January 1, 2024.
Mr. Waiz made the motion to approve the contract and Mr. Crouch seconded the
motion; roll call vote: Mr. Crouch —Yes, Mr. Waiz —Yes, Mayor Moore —Yes; motion
passed, 3-0.
2. Linda Mills/Larry Wallace-Hearing regarding 419 West Market Street-home owner,
Donald W. and Reynalda C. Whiteside on review of compliance with Building
Commissioner enforcement— Mr. Merkley opened the public hearing at 9:32 am. Ms.
Frey advised Code Enforcement has been dealing with this property since 2016. Mr.
Merkley advised they were unable to get personal service by certified mail on the
property owner so they noticed this by publication in the newspaper. Mr. Merkley
asked if anyone was present in reference to the property 419 West Market in
Jeffersonville and nobody was present on behalf of the owners of the property. Mr.
Merkley provided photos of the property for the record. Mr. Merkley asked Mrs. Mills if
it was in her opinion the property was in a condition that was unsafe and Mrs. Mills
confirmed it is. Mr. Merkley asked if there was a history of the property being in poor
condition and Mrs. Mills confirmed there was with condition of the house being in poor
condition starting in 2018. Mr. Merkley ask if it was Mrs. Mills opinion that this was an
unsafe structure and a hazard to public health and it be deemed a public nuisance. Mrs.
Mills advised it was. Mr. Merkley asked Mrs. Mills if it was her recommendation the
structure be removed and demolished and she stated it was.
Mr. Waiz made the motion to deem the structure unsafe and a hazard to the public and
order that the structure be demolished no sooner than 10 days from today Mr. Crouch
seconded the motion; roll call vote: Mr. Crouch —Yes, Mr. Waiz —Yes, Mayor Moore —
Yes; motion passed, 3-0.
3. Les Merkley/Sarah Green- Hearing on Notice of Determination of Vicious/Dangerous
Animal in regards to Dog Owner, Salik Alokoa (Female Rottweiler)— Mr. Merkley
opened the public hearing at 9:35. Mr. Merkley advised this is in reference to a dog
located at 1009 Senate Avenue. Mrs. Green advised this is a female Rottweiler, named
Coco approximately 1-2 years of age. Mrs. Green stated over the last several months
they have been called out for an aggressive dog running up to people and this last time
the dog entered a neighbor's home and attacked her. This dog has been in possession
of animal control since that event on April 21, 2023. Mr. Merkley submitted 911
dispatch records from April 21st, April 6th, January 15th of 2023 and August 23, 2022
concerning this animal for the record. Mr. Merkley asked if anyone was present to
represent the owner of the dog and there was nobody present to represent the dog.
Mr. Merkley also provided affidavit of service on the owner and the owner signed for
this on May 23, 2023 at 9:02 am. Mr. Merkley asked Mrs. Green if it was her opinion as
Director of Animal Control if this dog is a vicious or dangerous animal. Mrs. Green
stated it was. Mr. Merkley asked if it was her opinion that this dog creates a danger to
public health; Mrs. Green said yes. Mr. Merkley advised before the board was to
determine whether or not this dog is a vicious and dangerous animal and if so it will
have to be registered as such and comply with the ordinance outlining what is necessary
for this animal to be returned to the owner and the owner would have 10 days to do
that from today's date.
Mr. Waiz made the motion to determine the dog is a vicious and dangerous animal and
that it will be required to be registered as such and comply with the ordinance outlining
what is necessary for this animal to be returned to the owner and Mr. Crouch seconded
the motion; roll call vote: Mr. Crouch —Yes, Mrs. Huffman —Yes, Mayor Moore —Yes;
motion passed, 3-0.
Mr. Merkley advised if in ten days the owners have not met the requirements of the
ordinance they will relinquish control and ownership of the dog.
4. Jason Sharp/Shawn Grant-Request for approval of consulting proposal between Fire
Department and HRTM Consulting for fire department onsite training for TeleStaff—
Mr. Sharp advised this is a consulting agreement for TeleStaff which is their time
keeping software and they do have the money in the budget.
Mr. Crouch made the motion to approve the contract and Mr. Waiz seconded the
motion; roll call vote: Mr. Crouch —Yes, Mr. Waiz—Yes, Mayor Moore —Yes; motion
passed, 3-0.
Mayor Moore reminded everyone that the Riverstage kicks off on Friday with the
Louisville Crashers at 7:30 pm.
ADJOURNMENT:
With n? f her bu iness, Mr. Crouch made a motion to adjourn at 9:41 a.m.
Approved by: Mayor Mike Moore Attest: Lisa Gill, City Clerk
FRIDAY, MAY 19, 2023 • NEWS AND TRIBUNE
Public Notices Public Notices
STATE OF INDIANA 401 Beckett St.
SS: Clarksville, IN. 47129
COUNTY OF CLARK 2002 Nissan xterra
IN THE CLARK CIRCUIT COURT 5N1 ED28TX2C514133
CASE NO. 10001 -2305-MI-075 10AM June 10u' $1000
IN RE THE NAME CHANGE OF:
NAME OF MINOR NOTICE
Jude Harris Walker
PLEASE TAKE NOTICE that on
Kaitlin Brianne Fondren Wednesday, May 31 , 2023 at 9:30
Petitioner.
a.m. the Jeffersonville Board of
Public Works and Safety will hold a
NOTICE OF HEARING hearing during their regularly
scheduled meeting in the Mayor's
Notice is hereby given that Conference Room, Second floor of
Petitioner Kaitlin Brianne Fondren, Jeffersonville City Hall located at
prose, filed a Verified Petition for 500 Quartermaster Court,
Change of Name of Minor to Jeffersonville Indiana to review an
change the name of minor child order to determine building code
from Jude Harris Walker to Jude compliance of a parcel of property
Harris Fondren, located at 419 West Market Street,
The petition is scheduled for Jeffersonville, Indiana, owned by
I hearingin the Clark Circuit Court on Donald W. and Re naida C.
y I
r 1 July 2 ", 2023 at 9:30 o'clock a.m., Whiteside, (Parcel No. 10- 19-00-
which is more than thirty (30) days 100.266.000-010) pursuant to
t after the third notice of publication. Indiana Code 36-7-9 and
f Any person has the right to appear Jeffersonville City Ordinance 2010-
at the hearing and to file written OR-30. You or any interested party
objections on or before the hearing mayappear
parties shall report to before the Board at this
date. Thehearing P to present evidence and/or
r Clark Circuit Court #1 . testimony. Failure to appear may
a Date May17, 2023
result in an adverse decision.
Is! Ryan Lynch
Clerk of Circuit Court hspaxlp /sf Leslie D. Merkley
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CITY OF JEFFERSONVILLE
GAtY , BUILDING COMMISSION
/`I* Otr�i Larry Wallace Mike Moore
�
Building Commissioner Mayor
7 812 - 285 - 6415 office
812 - 285 - 6468 fax
Jeffersonville City flail
500 Quartermaster Court
Suite 200
Jeffersonville, Indiana 47130
May 4, 2023
CERTIFIED MAIL
9171 9690 0935 0228 0474 19
Whiteside Donald W & Reynalda C
419 W Market Street
Jeffersonville, IN 47130
Re: 419 W Market Street Jeffersonville, Indiana ("the property")
To Property Owners:
Pursuant to Chapter 36-7-9 of the Indiana Code and Jeffersonville City Ordinance
2010-OR-30, the following information is hereby provided:
1. As Building Commissioner of the City of Jeffersonville as referred to in City
Ordinance 2010-OR-30 my department is designated as the"Department" to
enforce the provisions of Indiana Code 36-7-9-2 and Ordinance 2010-OR-
30.
2. The Jeffersonville Board of Public Works and Safety has been designated as
the"Hearing Authority" referred to in Indiana Code Section 36-7-9-2.
3. You have been designated as owner or hold a substantial property interest in
the unsafe building that is the subject of this order 419 W Market Street,
Jeffersonville, IN 47130, and more specifically described as follows:
Parcel #10-19-00-100-266.000-010
PT Lot 38 BLK CC
•
\n equal opportunity employer.
Page 2
May 4, 2023
4. The building on the property described in paragraph three (3) is hereby
declared to be an unsafe building for the following reasons as described in
IC 36-7-9-4:
(1) Unsafe structure;
(2) A fire hazard;
(3) A hazard to public health;
(4) A public nuisance;
(5) Dangerous to a person or property because of a violation of a stature or
ordinance concerning building condition or maintenance; or
(6) Vacant or blighted and not maintained in a manner that would allow
human habitation, occupancy, or use under the requirements of a statute
or an ordinance.
5. YOU ARE HEREBY ORDERED TO REPAIR, REHABILITATE OR
REMOVE THE UNSAFE BUILDING TO BRING IT INTO
COMPLIANCE WITH STANDARDS FOR BUILDING CONDITIONS OR
MAINTENANCE REQUIRED FOR HUMAN HABITATION OR
OCCUPANCY.
6. A hearing will be held by the Jeffersonville Board of Public Works and
Safety on Wednesday, May 31, 2023 at 9:30 a.m. in the Mayor's Conference
Room, second floor in the Jeffersonville City Hall located at 500
Quartermaster Court, Quadrangle, Jeffersonville Indiana to review this order
to determine your compliance herewith.
Page 3
May 4, 2023
7. You have the following personal rights:
A. To appear at the hearing on May 31, 2023 at 9:30 a.m.
B. To present evidence.
C. To call witnesses and have witnesses subpoenaed within Clark
County.
D. To cross-examine opposing witnesses.
E. To present any arguments you wish to present.
8. The City Attorney will represent the Enforcement Authority at this Hearing.
9. If you do not comply with this Order to render the building safe or to remove
the unsafe building designated above, the Enforcement Authority may order
the building removed at the May 31, 2023 hearing and will place a lien upon
the property for the cost of this removal.
10. Pursuant to the requirement of Indiana Code Section 36-7-9-5 (8) the
following information is provided:
Section 36-7-9-27 (a) A person who has been issued and has received notice
of an order relative to unsafe premises and has not complied with that order.
1. Must supply full information regarding the order to a person who takes
or agrees to take substantial property interest in the unsafe premises
before transferring or agreeing to transfer that interest; and
2. Must, within five (5) days after transferring or agreeing to transfer a
substantial property interest in the unsafe premises, supply the
Enforcement Authority with written copies of:
Page 4
May 4, 2023
(a) The full name, address and telephone number of the person
taking substantial property interest in the unsafe premises; and
(b) The legal instrument under which the transfer or agreement to
transfer the substantial property interest is accomplished.
(c) If a judgement is obtained against the department, Enforcement
Authority, or other governmental entity for the failure of the
entity to provide notice to persons holding an interest in the
unsafe premises in an action taken by the entity under this
chapter, a person who failed to comply with this section.
11. The Enforcement Authority is the Building Commissioner, Larry Wallace.
His address is 500 Quartermaster Court, Suite 200, Jeffersonville, Indiana
47130. His phone number is 812-285-6412.
12. Should you have any questions concerning this matter, you should seek legal
advice.
13. Extensions of the time limit set forth in this order will not be granted unless
extreme circumstances are set forth prior to the ten (10) day deadline for
requesting a hearing.
14. You have the right to appeal the decision of the Enforcement Authority or
Hearing Authority to a court of competent jurisdiction.
Respectfully,
` ,6I/v2 G G!����2 .(—
Larry Wallace
Building Commissioner
Enforcement Authority
LW/lm
5/31/23,8:34 AM Dispatch 000417: 1019 Senate Dr-Sarah Green
Dispatch 000417: 1019 Senate Dr
New Washington Animal Control <wd2810@bounce.sheltermanager.com>
Tue 5/30/2023 6:11 PM
To:Sarah Green <sgreen@CityofJeff.net>;
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links,especially
from unknown senders.
Type:Animal Bite
— Date/Time:04/21/2023 19:29:52
Address: 1019 Senate Dr Jeffersonville Indiana 47130
Notes: I recieved a call from Clark County 911 reference a K9 Bite. Caller, Meghan Hopper advised K9 came into her residence and bit her.
EMS was onscene and caller declined to be transported by EMS,Caller, Meghan Hopper advised she would go POV to get medical
attention.
I spoke with K9's owner, Salik Aloka who couldn't provide Vaccination Records required by Indiana Code and advised that the K9 would be
quarantined at the Jeffersonville Animal Shelter. I advised Mr.Aloka of the several times we have been out on his K9, Calls being aggressive
K9. Mr Aloka advised he had a hard time keeping her contained
Caller:Clark Co.911
Victim: Meghan Hopper
Suspect:Salik Alokoa
New Washington Animal Control
This email was scanned by Bitdefender
5/31/23,8:35 AM Dispatch 000389: 1011 Senate Ave-Sarah Green
Dispatch 000389: 1011 Senate Ave
New Washington Animal Control <wd2810@bounce.sheltermanager.com>
Tue 5/30/2023 6:12 PM
To:Sarah Green <sgreen@Cityofleff.net>;
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially
from unknown senders.
Type:Aggressive Domesticated Animal
— Date/Time:04/06/2023 19:23:01
Address: 1011 Senate Ave Jeffersonville Indiana 47130
Notes: K9 Jumped Fence 201 Savanngh Nichole is suspect address
Door Hanger Left
Caller:Clark Co.911
Victim:
Suspect:Sanik Aloka
New Washington Animal Control
This email was scanned by Bitdefender
5/31/23,8:36 AM Dispatch 000246: 1014 Senate Dr-Sarah Green
Dispatch 000246: 1014 Senate Dr
New Washington Animal Control <wd2810@bounce.sheltermanager.com>
Tue 5/30/2023 6:13 PM
To:Sarah Green <sgreen@CityofJeff.net>;
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially
from unknown senders.
Type:Aggressive Domesticated Animal
Date/Time:01/15/2023 00:11:40
Address: 1014 Senate Dr Jefferaonville Indiana 47130
Notes: Recieved a call from Clark County 911 reference K9 aggressive and loose at 1014 Senate Ave in Jeffersonville.
Once on-scene, K9 was located at home 1009 Senate Dr.on front porch un-restraint. Several attempts to make contact with owner was
unsuccesful. K9 was in-pounded and note was left at door. Puppies were located in back yard.Temp.was 26 degrees.
Caller:Clark Co.911
Victim:
Suspect:
New Washington Animal Control
This email was scanned by Bitdefender
5/31/23,8:36 AM Dispatch 000049: 1017 Senate Ave-Sarah Green
Dispatch 000049: 1017 Senate Ave
New Washington Animal Control <wd281O@bounce.sheltermanager.com>
Tue 5/30/2023 6:15 PM
To:Sarah Green <sgreen@CityofJeff.net>;
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially
from unknown senders.
Type:Aggressive Domesticated Animal
,Date/Ti me:08/23/2022 19:56:20
Address: 1017 Senate Ave Jeffersonville Indiana 47130
Notes: Black K9,Acting Aggressive. K9 lives at 201 Savanngh Nichole
Caller:Clark Co.911
Victim:
Suspect: Salik Alokoa
New Washington Animal Control
This email was scanned by Bitdefender
C I,T y OF JEFFERSONVILLE
Gil y O,r
a'` U
'0 812-285-6400 office
a �I 'N 812-285-6403 fax
I-- ,4/ www.cityofjeff.net
J
'\41t Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
AFFIDAVIT OF SERVICE
CITY OF JEFFERSONVILLE
STATE OF INDIANA
I affirm under penalties of perjury, that on the o2 S day of May, 2023, I was personally
served a copy of the attached notice of determination of vicious/dangerous animal and notice of
hearing to be held on May 31, 2023 at 9:30 am regarding a violation of Jeffersonville City
Ordinance 2016-OR-11.
�` alik Alokoa
I affirm,under the penalties for perjury, that the aforementioned signature and acceptance are
truthful to the best of my knowledge and belief.
5- 23- 3 q:o. AM 0W-tt:,(s
Date Served Time Served
Signature
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
W� �,, 812-285-6493 office
•1iirfr*'tail N 812-285-6403 fax
m /.li www.cityofjeff.net
\SOv` v Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
NOTICE OF HEARING
Date: May 22, 2023
To: Salik Alokoa
1009 Senate Avenue
Jeffersonville, IN 47130
Re: Incidents on April 21,2023-Dog Bites/Dog Attacks
You are hereby notified that a hearing will be held on Wednesday, May 31,2023 at 9:30am in
the Mayor's Conference Room on the second floor located at Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. The purpose of this hearing is determine whether
your dog is a vicious/dangerous animal.
FAILURE TO ATTEND THIS HEARING SHALL BE DEEMED ADMISSION YOUR
DOG IS A VICIOUS/DANGEROUS ANIMAL AS DEFINED BY SECTION 1 OF 2016-
OR-11. ADDITIONALLY, FAILURE TO COMPLY WITH THE REQUIREMENTS OF
REGISTERING THE DOG AS A VICIOUS/DANGEROUS ANIMAL COULD RESULT
IN THE EUTHANIZATION OF THE DOG INCLUDING FINES.
A copy of the Ordinance 2016-OR-11 and the Notice of Determination dated May 18, 2023 is
en d your in • .
Leslie D. Merkley
Corporation Counsel
Law Department
City of Jeffersonville
State of Indiana
NOTICE OF DETERMINATION OF VICIOUS/DANGEROUS ANIMAL
AND RIGHT TO APPEAL DETERMINATION
DATE May 22, 2023
TO: Salik Alokoa
1009 Senate Avenue
Jeffersonville, IN 47130
RE: Incident on April 21,2023-Dog Bites/Dog Attacks
Please be advised that as a result of the incidents that occurred on April 21, 2023,and after further investigation, by
Jeffersonville Animal Control, it has been determined that your dog(a Female, Rottweiler, named Cocoa,
approximately 1-2 years of age) is considered a vicious and dangerous animal as defined by Section 1 of 2016-
OR-11,the Jeffersonville Ordinance("An Ordinance Regulating the treatment and keeping of domestic,dangerous,
and/or vicious animals within the city limits of Jeffersonville.")
Upon receipt of this written notice deeming your dog a vicious and/or dangerous animal you are required to
comply with Section 2 of 2016-OR-11,which states as follows:
REGISTRATION OF VICIOUS OR DANGEROUS ANIMAL: Upon proper written notification by a
Jeffersonville Animal Control Officer, or Jeffersonville Police Officer,to the owner of an animal that said animal is
deemed vicious or dangerous, the owner of the animal is required to register the animal with the Jeffersonville
Animal Control Officer within seven(7)days.The owner of said vicious or dangerous animal is also required to
provide to the Jeffersonville Animal Control Officer within fourteen (14) days that said owner's insurance company
has been notified that a vicious or dangerous animal is being kept on the premises. If the owner of the vicious or
dangerous animal is not the owner of the property,the Jeffersonville Animal Control Officer will notify the
property owner as well as the property owners insurance company.
CONFINEMENT:
1) No person shall allow any vicious or dangerous animal to be on any private or public property, other than
the animal's owner or keeper's property, unless such animal is securely muzzled and leashed or caged.Adequate
safeguards shall be taken to prevent unauthorized access to any vicious or dangerous animal on the owner's
property by persons lawfully on the property.
2) No vicious or dangerous animal may be kept on a porch,patio, or in any part of a house or structure that
would allow the animal to exit such building on its own volition. In addition, no such vicious or dangerous animal
may be kept in a house or structure when the windows are open or when screen windows or screen doors are the
only obstacles preventing the animal from exiting the structure.
3) The owner of a domestic or vicious animal shall not suffer or permit the animal to go unconfined.
4) Any owner or keeper of an animal that has been determined to be vicious or dangerous shall confine said
vicious or dangerous animal in a fenced in yard with a locked gate. Said fence shall have such sufficient height so as
to prevent the animal from escaping.In lieu of a fenced yard, the owner of the animal shall keep said animal in a
locked pen or cage. Said pen or cage shall have secure sides and a secure top and bottom attached to the sides and
the sides must be imbedded into the ground no less than one foot if outside and sitting on the ground.Any owner
or keeper of an animal determined to be vicious or dangerous shall have seven (7)days to comply with these
confinement provisions. For each day past the seventh day, the owner,or keeper of said animal shall be fined. If the
owner of said animal is not the owner of the property on which the vicious or dangerous animal is located,the
owner of the property is also subject to the same fine.
LEASH AND MUZZLE: The owner of a domestic or vicious animal shall not suffer or permit the animal to be
outside of the owner's structure,where the animal may come into contact with a child, unless the animal is securely
muzzled and restrained in a cage, chained,by a leash or chain,and is under the physical restraint of a person. The
muzzle shall be made in a manner so as not to cause injury to the animal or interfere with its vision or respiration,
but shall prevent it from biting any human or other animal.
SIGNS: The owner of a vicious or dangerous animal shall display in a prominent place on his or her premises a
clearly visible warning sign("DANGER/VICIOUS ANIMAL")indicating that there is a vicious or dangerous
animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal. The lettering on
the sign shall be in all capital letters, a minimum of six (6) inches tall and red on a white background.
INSURANCE:Owners of vicious or dangerous animals,as determined by the provisions in 2016-OR-11, must
within thirty(30) days of said determination, provide to the Animal Control Officer of the City of Jeffersonville
proof of liability insurance in the amount of at least one hundred thousand ($100,000.00), insuring the owner,
keeper,or harborer of said vicious or dangerous animal for any personal injuries inflicted by his/her
vicious/dangerous animal. If the owner of the animal is not the owner of the property, the owner of the property
must also provide the same proof and level of liability insurance.
Failure to comply with the aforementioned could result in the
impoundment or euthanization of the dog including fines.
If you wish to appeal this determination,an appeal must be made in writing to the Jeffersonville Animal Control Office within ten(10)
days of receipt of this letter.Please be advised that the animal shall remain in the custody of Animal Control pending the appeal at the
costs of the owner or the person having custody of said vicious/dangerous animal. Your appeal will be heard in front of the Jeffersonville
Board of Public Works to establish whether the officer's determination was warranted.
Failure to either timely appeal or appear at the hearing shall be
deemed admission that your dog is a vicious/dangerous animal as
defined by Section 1 of 2016-OR-11.
SO DATED THIS 22nd day Of May,2023. nn II
/4/VAN_
Sarah Green
Director of Animal Shelter
CERTIFICATE OF MAILING
I hereby certify that this Notice was either personally delivered or mailed by certified U.S. Mail,with return
receipt requested,postage prepaid on this 22nd day of May, 2023, upon the following:
Salik Alokoa, 1009 Senate Avenue,Jeffersonville, IN 47130
Sarah Green
Director of Animal Control
ORDINANCE 2016-OR- I I
AMENDING ORDINANCE NO. 2006-OR-14
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF NDIANA
AN ORDINANCE REGULATING THE TREATMENT AND KEEPING OF DOMESTIC,
DANGEROUS,AND/OR VICIOUS ANIMALS WITHIN THE CITY LIMITS OF THE
CITY OF JEFFERSONVILLE
WHEREAS, the Common Council for the City of Jeffersonville, Clark County, Indiana
(hereinafter the"Council"), is the City's statutory Fiscal and Legislative Bodies pursuant to
Indiana Code.;
WHEREAS,the Council previously passed and adopted Ordinance No.2006-0R-14,an
ordinance regulating domestic or vicious animals within the City Limits of Jeffersonville, which
said ordinance is incorporated herein by reference;
WHEREAS,the Council now finds that it is necessary to amend said ordinance to include the
following modifications and provisions as indicated in each section and incorporated therein to
2006-OR-14.
WHEREAS, the City has determined that for the health, safety and well-being of all the citizens
of Jeffersonville, the ownership or possession of domestic or vicious animals within the
corporate boundaries of the City should be regulated; and
WHEREAS, the unregulated ownership or possession of domestic animals and/or vicious
animals within the City creates unhealthy, unsafe, and nuisance conditions to exist within the
City;
NOW,THEREFORE,BE IT ORDAINED by the City Council as follows:
SECTION 1.DEFINITIONS. For the purpose of this Ordinance, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
A) Animal: Any live,vertebrate creature, domestic or wild, including but not limited to
dogs, cats, and those domesticated animals most often kept and regarded as pets by
their owners.
B) Animal Control Officer: Any person designated by the City of Jeffersonville as an
officer who is qualified to perform the duties required by this ordinance or state
statutes regarding animals.
C) Animal Shelter: Any facility operated by the humane society, city or county
government,or its authorized agents for the purpose of impounding or caring for
animals held under the authority of this ordinance or state law.
D) At-Large: Off the premises of the owner or custodian of the animal or not under the
immediate control of the owner or custodian.
SECTION 2. REGULATION OF POSSESSION OF VICIOUS OR DANGEROUS
ANIMALS.
A) DETERMINATION/DESIGNATION:
Whenever a Jeffersonville Animal Control Officer or Jeffersonville Police Officer
determines upon personal observation and investigation that an animal is a vicious and/or
dangerous animal as defined by this chapter, said officer shall notify the owner or any
person having custody or control of said vicious/dangerous animal in writing. If said
custodial person is not the owner of the property, said property owner shall also be
notified. The owner or the person having custody or control of said
vicious/dangerous animal may appeal the determination to the Jeffersonville Board
of Public Works and Safety provided said appeal is made in writing to Animal
Control within ten (10) days. The Jeffersonville Board of Public Works and Safety
shall conduct a hearing providing the owner or the person having custody or control
of said vicious/dangerous animal to present evidence at which time the Board shall
decide whether the officer's determination was warranted. The animal shall remain
in the custody of Animal Control pending the appeal at the costs of the owner or the
person having custody or control of said vicious/dangerous animal.
B) REGISTRATION OF VICIOUS OR DANGEROUS ANIMAL:
Upon proper written notification by a Jeffersonville Animal Control Officer, or
Jeffersonville Police Officer,to the owner of an animal that said animal is deemed
vicious or dangerous, the owner of the animal is required to register the animal with the
Jeffersonville Animal Control Officer within seven (7)days.The owner of said vicious or
dangerous animal is also required to provide to the Jeffersonville Animal Control Officer
within fourteen(14)days that said owner's insurance company has been notified that a
vicious or dangerous animal is being kept on the premises. If the owner of the vicious or
dangerous animal is not the owner of the property, the Jeffersonville Animal Control
Officer will notify the property owner as well as the property owners insurance company.
C) CONFINEMENT:
1) No person shall allow any vicious or dangerous animal to be on any private or
public property, other than the animal's owner or keeper's property, unless such
animal is securely mu!M7led and leashed or caged. Adequate safeguards shall be
taken to prevent unauthorized access to any vicious or dangerous animal on the
owner's property by persons lawfully on the property.
2) No vicious or dangerous animal may be kept on a porch, patio, or in any part of
a house or structure that would allow the animal to exit such building on its own
volition. In addition,no such vicious or dangerous animal may be kept in a
house or structure when the windows are open or when screen windows or
screen doors are the only obstacles preventing the animal from exiting the
structure.
3) The owner of a domestic or vicious animal shall not suffer or permit the animal
to go unconfined.
4) Any owner or keeper of an animal that has been determined to be vicious or
dangerous shall confine said vicious or dangerous animal in a fenced in yard
3
veterinary care,shall be presumed to be abandoned, and may be seized.Notice�f
seizure of an animal from private property shall be posted on the premises from
which the animal was seized which notice shall clearly state the address and
telephone number of the facility to which the animal was taken.
K) Interference with Enforcement Prohibited:No person shall release or attempt to
release an animal from a Jeffersonville Animal Shelter facility or a humane trap which
belongs to a Jeffersonville Animal Shelter facility.
SECTION 3. KENNELS.
(A)Any person who owns,operates, or keeps a kennel,must apply on or
before June l S`of each year to the Animal Control Officer of the City of Jeffersonville for a
kennel license.The annual fee for said kennel license shall be$100.00(one hundred dollars)
paid to the Clerk of the City of Jeffersonville.The Animal Control Officer of the City of
Jeffersonville shall have the authority to inspect and to regulate all kennels. If violations are
found and not corrected within 14 days,the Jeffersonville Animal Control Officer is empowered
to close down such kennels.No kennel license shall be issued to any person or establishment
located in or on property with any residential zoning classification.
(B)It shall be unlawful for any person to own and/or keep more than fo
(4)dogs or six(6)cats,or a combination of eight(8)dogs and cats over the age of twelve(1 k)
weeks of age.To maintain more animals than stated in the previous sentence,the owner must
obtain a kennel license.
SECTION 4.PUBLIC NUISANCE. No owner shall fail to exercise proper care and con 1 of
his animal(s)so as to prevent any of the following actions by said animals:
1) Molesting of passerby;
2) Chasing of passing vehicles;
3) Attacking other domestic animals; j
4) Trespassing upon private property;
5) Damaging private property;
6) Habitual barking or loud and continued noise which causes serious annoyance or
disturbance to the neighborhood;
7) Unnecessary foul or noxious odors which offend people in the neighborhood;
8) Creation of waste outside the owner's premise; however,if such waste is deposited on the
property of another,or on public property,then the owner of said animal shall be
responsible for the immediate removal of any excretions deposited by his/her animal on
public property of others.
SECTION 5. RESTRAINT. No person owning or having charge of any dog shall cause of
allow said dog to run at large upon any public place or upon any private property other than that
of the owner;all dogs shall be kept under restraint. II
RESTRAINT BY LEASH,CHAIN, OR COLLAR; SPECIFICATIONS:
1. It is prohibited to exclusively restrain a dog or puppy by a fixed-point
chain,tether,or trolley:
i 5
animal No animal shall be released from the animal shelter without a license microchip
being issued and without showing proof of vaccination compliance.
H) Other Charges:
Pick-up fee $20.00
Daily boarding fee $10.00 per day
Rabies Voucher $8.00
Vaccination fee $15.00
I) In addition to the impoundment of an animal found at-large,if the owner is known, the
Jeffersonville Animal Control Officer or Jeffersonville Police Officer may issue a ,
Citation of Ordinance Violation.
J) Nothing contained herein shall limit the Jeffersonville Animal Shelter's authority to take
whatever action is deemed necessary and reasonable to deal with a sick or injured animal.
K) Any dog or cat which is impounded under this chapter shall not be reclaimed unless the
animal has a microchip inserted either by Jeffersonville Animal Shelter or by a
veterinarian in accordance with standards and specifications promulgated by the Director.
If a microchip is inserted by the Jeffersonville Animal Shelter the owner shall pay a fee
of twenty-five($25.00) dollars.
SECTION 7. SEIZURE, ABANDONMENT,AND CAPTURE OF ANIMALS
PROHIBITED.
A) It shall be lawful for any person to seize and restrain any animal running at-large in
violation or the ordinance and turn said animal over to the Jeffersonville Animal Control
Officer,his/her deputies, or assistants.
B) It shall be unlawful for any person to abandon any domestic animal upon any public
place, including the right of way of any public road,or upon the property of another.
C) No person shall invade the private premises of another to capture or take any licensed
animal off the premises of another to capture or take any licensed animal off the premises
of the owner,except as herein provided; or seize any animal while the same is
accompanied by its owner.
SECTION 8: HUMANE TREATMENT OF ANIMALS.
A) No person, firm,corporation,organization or department shall possess, harbor, or maintain
the care or custody of any animal for the purpose of animal fighting.Nor shall they train,
torment, badger,bait, or use any animal for the purpose of causing or encouraging the
animal to attack human beings or other animals in the City of Jeffersonville.
B) No animal shall be kept on a chain. Animals shall be kept in a fenced and secure yafd or in
an enclosure in compliance with this ordinance.
C) No animal shall be kept in an enclosure smaller than the guidelines as stated below:
Animal weighing Square footage of enclosure
Up to 25 pounds 75
25 to 50 pounds 125
51 to 100 pounds 150
101 pounds and up 200
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dragging, choking,or by the use of an object or weapon; causing pain, injury,or death by
means of caustic, flammable,boiling, or heated substances;causing suffering,injury or
death by suffocation or drowning; failure to provide health-related grooming.Cruelty is
further defined as failure to adhere to the requirements and provisions of§ 7: Care of
Animals:Provisions of Necessities. In the event there is a reasonable cause to suspe4
that an animal is being beaten,cruelly ill-treated,neglected or tormented or involved in a
dogfight,cockfight or other combat, custody of such animal may be taken by an Animal
Control Officer or Police Officer and impounded in the animal shelter.The animal shall
be held as evidence and confined in such facility in a humane manner. Upon finding by a
court that the animal has been neglected,beaten,cruelly ill-treated or tormented or
involved in a dogfight,cockfight or other combat between animals,the animal shall
become the property of the animal shelter.
(2)No person shall own,possess,keep,or train any bird or animal
with the intent that such bird or animal shall be engaged in an exhibition of fighting. In the
event that a person shall own,possess,keep,or train any bird or animal with the intent that
such bird or animal shall be engaged in an exhibition of fighting,he/she shall be liable for
citation for violation of this chapter and be subject to the penalties provided in Section 8 of
this Ordinance.
(3)No person shall be present at any dogfight,cockfight or combat
between animals.In the event that a person is present at a dogfight, cockfight,or
combat between animals,he/she shall be liable for citation for violation of this chapter d
to the penalties provided in Section 1 8 of this ordinance.
(4)Any person who is found present at a dogfight,cockfight,or
combat between animals, and who is charged with being a spectator in violation of this
chapter,and who is in possession of and;or is the owner of an animal of the same specie as
that involved in the animal fight,shall be charged with intent to engage in an exhibition of
fighting in violation of this chapter. The animal shall be confiscated if found on the pre ises
or in the immediate area of the dog fight,cockfight,or combat between animals.
J) It shall be unlaw-ful to leave or confine an animal in any unattended motor vehicle under
conditions that endanger the health or well-being of an animal due to heat, cold, lack oft
adequate ventilation,_or lack of food or water,or other circumstances that could reasonably
be expected to cause suffering, disability,or death to the animal.
SECTION 9. VACCINATION. i
A) No owner of any dog or cat shall keep or maintain such dog or cat over the age of four(4)
months unless it has been vaccinated by a licensed veterinarian with anti-rabies vaccine.
B) Proof of vaccination shall be maintained by the owner of said dog or cat for display if
requested by Jeffersonville Animal Control Officer.
SECTION 10. RABIES,PROCEDURE IF SUSPECTED.
A.) If an animal is believed to have rabies or has been bitten by an animal suspected of
having rabies,such animal may be confined at the animal shelter. t
may be placed under observation of the Clark County Health Officer or his/her designee
at the expense of the owner for a period of ten(10)days.If-Vae-ewiler--ef-414e-bitten-alaimal
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SECTION 14.SALE OF BABY RABBITS,CHICKS,OR FOUL PROHIBITED;
EXEMPTIONS.
A) No person shall display,sell,offer for sale,barter or give away baby rabbits,chicks,
goslings,ducklings,or other foul as novelties,nor shall any person color,dye,stain or
otherwise change the natural color of these animals.
B) This section shall not be construed to prohibit the sale or display of natural chicks or
ducklings in proper brooder facilities.Nor shall it be prohibited by breeders or stores!
engaged in the business of selling said foul to be raised for commercial purposes. '
SECTION 15. OTHER ANIMALS.
A) Cats shall not be. - . ect to the license proisions as provided for dogs,but shall be
• . . . • . • .
subject to all of the remaining sections of this ordinance including impoundment and
dispositien-efeme:
B) It shall be unlawful for any-pefseft-te-4Eeep-or-maiRtaift-aft5,-coop-er-pen-in--witieh
chickens, ducks, geese,turkeys, guineas,or pigeons are kept within a distance of less
than fifty(50)a hundred(100)feet from any dwelling.
C) It shall be unlawful for any person to keep or harbor any lisesteek within the city limits
of the City of Jeffersonville.
D) Trap-Neuter-Return Program for Management of Community Cat Population
Definition:TRAP-NEUTER-RETURN("1'NR").The method of managing community
cats by humanely trapping, altering,N accinating.,ear tipping,returning the community cat
to the location where they were trapped where the community cats will be provided tvith
long-term care by a caretaker.
Definition:COMMUNITY CAT.Any cat or kitten that has no apparent owner or
identification and is free-roaming.
(A)A Trap-Neuter-Return ProgramwiU be developed by J.B. Ogle Animal Shelter ito
address the issues presented by feral and other community cats.To that end it
recognizes that there are caretakers of community cats.
(B)A Trap-Neuter-Return Program will permit J.B. Ogle(or a designee of J.B. Ogle)to
engage in the trapping of community cats for the purpose of sterilization,
vaccination,ear-tipping for easy identification, and any providing of other necessary
medical care for community cats.J.B. Ogle may work with its designee to
implement and/or administer the J. B. Ogle's Trap-Neuter-Return Program.
(C)A caretaker providing care for community cat(s) may offer certain necessities on a
regulariongoing basis,including,but not limited to,proper nutrition of food and
water as well as medical care as needed. If medical care is unavailable or too
expensive,a caregiver should contact J. B. Ogle for assistance to prevent the
suffering of a community cat.
(D)If the requirements identified in this subsection are met, the caretaker is exempt;from
licensing atid other provisions of this chapter that apply to owned cats.
LICENSINC PROCEDURES;
A) Any person ewning,harbering, or having custody of any dog six(6)months of dge or
over within the City of Jeffersenville must obtain a license as herein provided
B) On or before June 14 of each year,the owner of any dog shall apply to the
Jeffersenville Animal Shelter for a license for each dog owned or kept by said owner.
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