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Home My WebLink About2002-OR-20 ORDINANCE NO. 2002-OR- O~ 0 ..iORDINANCE ESTABLISHING AN '~!ANIMAL CONTROL AUTHORITY WHEREAS, there has been numerous complaints from the citizens, (especially the animal lovers) about the treatment of animals at the animal shelter, and the operation of the animal shelter; and WHEREAS, the Common Council of the City of Jeffersonville is concerned about the health and welfare of animals in our city; and, WHEREAS, the City of Jeffersonville has an animal shelter that is a depository for lost and unwanted animals, many from other areas of the county; and, WHEREAS, the Common Council of the City of Jeffersonville is desirous to adopt legislation that will have a positive affect on the operation of the city's animal shelter; and, WHEREAS, it has been determined by a majority of the Common Council that an Animal Control Authority would provide the best efficiency, management, and operation; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville that it herebY creates an Animal Control Authority on the following terms: ARTICLE 1. PURPOSE The purpose is to establish of an agency of the City expressly committed to: (1) the "operatiOn" of the animal shelter, (2) the development, implementation and administration of animal protection and control programs and services in Jeffersonville, Indiana, and, (3) the adoption and enforcement of statutes, ordinances, rules, laws, and regulations pertaining to animal health, protection, and the humane control of animals within the jurisdiction of the entities it serves. ARTICLE 2. THE AGENCY The Jeffersonville Animal Control Authority (the "Authority") shall operate as an agency of local government and shall be administratively responsible to the Common Council and the Mayor of the City of Jeffersonville, hereinafter referred to herein and collectively, as the "City" The Authority shall be responsible for the operation, control, maintenance, and repair of the Animal Shelter, as well as the implementation, administration, coordination, and enforcement of animal care and control programs and activities in Jeffersonville. ARTICLE 3. THE BOARD Except as provided by applicable law or the rules, regulations, directives, and enactments of the "City," the management of the Authority shall be vested in .its Board of Directors, the same shall be composed of seven (7) members of whom one (1) shall be appointed by the Common Council of the City of Jeffersonville; and one (1) the Director of the Animal Shelter who shall be appointed by the Mayor of the City of Jeffersonville; and one (1) shall be appointed by the Commissioners of the County of Clark; and one (1) shall be appointed by the Town of Clarksville; and one (1) shall be appointed by the Town of Sellersburg; and one (1) shall be appointed by the City of Charlestown; and one (1) shrill be a licensed veterinarian that resides within the boundaries of Clark County, and shall be appointed jointly by the Common Council of the City of Jeffersonville and the Commissioners of Clark County. (1) The member appointed by the Common Council of the City of Jeffersonville shall be selected from a slate of not less than three (3) nominees and shall serve for an initial term of two years. (2) The Director of the animal shelter is appointed by the Mayor of the City of Jeffersonville and shall serve as long as he acts in that capacity. (3) The member appointed by the Commissioners of Clark County shall serve an initial term of three years. (4) The members appointed by the Towns of Sellersburg and Clarksville shall be appointed to an initial term of three years. (5) The member aPpointed by the City of CharleStown shall be appointed to an initial term of two years. (6) The veterinarian shall be appointed to an initial term of two years. After the expiration of the initial term each member of the Board shall be appointed for a term of four years, (with the exception of the Director of the ~ 0 NQkJu 'C~ ~~ 'T~ ORDINANCE NO. 2002-0R-20 ORDINANCE ESTABLISHING AN ANIMAL CONTROL AUTHORITY WHEREAS, there have numerous complaints from citizens (especially animal lovers) about the treatment of animals at the animal shelter and the operation of the shelter; and \VHEREAS, the Common Council of the City of Jeffersonville is concerned about the health and welfare of animals in our city; and \VHEREAS, the City of Jeffersonville has an animal shelter that is a depository for lost and unwanted animals, many from other areas of the County; and WHEREAS, the Common Council of the City of Jeffersonville is desirous to adopt legislation that will have a positive affect on the operation of the city's animal shelter; and ..",'.{.. WHEREAS, it has been determined by a majority of the Common Council that an Animal Control Authority would provide the best efficiency, management and operation; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of '. Jeffersonville that it hereby creates an Animal Control Authority on the following terms: ARTICLE 1. PURPOSE The purpose is to establish an agency of the City expressly committed to: 1. The "operation'"of the animal shelter 2. The development, implementation and administration of animal protection and control programs and services in Jeffersonville, Indiana; and 3. The adoption and enforcement of statutes, ordinances, rules, laws and regulations pertaining to animal health, protection, and the humane control of animals within the jurisdiction of the entities it serves. ARTICLE 2. THE AGENCY The Clark County Animal Control Authority (the "Authority") shall operate as an agency of local government and shall be administratively responsible to the Common Council and the Mayor of the City of Jeffersonville, hereinafter and collectively, as the "City". The Authority shall be responsible for the operation, control, maintenance and repair of the Animal Shelter, as well as the implementation, administration, coordination, and enforcement of animal care and ,,?ontrol programs and activities in Jeffersonville. ," :.: ~~ . .,JJ. ;r~fi~ ARTICLE 3. THE BOARD Except as provided by applicable law or the rules, regulations, directives, and enactments of the City, the management of the Authority shall be vested in it's Board of Directors, the same shall be composed of seven (7) members of whom two (2) shall be appointed by the Common Council of the City of Jeffersonville; and one (1) the Director of the Animal Shelter, who shall be appointed by the Mayor of the City of Jeffersonville; and two (2) shall be appointed by the Commissioners of the County of Clark; and one (1) shall be appointed by the T own of Clarksville; and (1) shall be a licensed veterinarian that resides within the boundaries of Clark County, and shall be appointed jointly by the Common Council of the City of Jeffersonville and the Commissioners of Clark County. ...:~,., 1. The members appointed by the Common Council of the City of Jeffersonville shall be selected from a slate of not less than three (3) nominees and shall serve for an initial term of two years. 2. The Director of the Animal Shelter is appointed by the Mayor and shall serve as long as he acts in that capacity. 3. The members appointed by the Commissioners of Clark County shall serve an initial term of three (3) years. 4. The member appointed by the Town of Clarksville shall be appointed to an initial term of three (3) years. 5. The veterinarian appointed jointly by the Common Council of the City of Jeffersonville and the Clark County Commissioners shall serve an initial term of two (2) years. After the expiration of the initial term each member of the Board shall be appointed for a term of four (4) years, with the exception of the Director of the Animal Shelter, who is the Mayor's appointee and serves at the pleasure of the Mayor of the City of Jeffersonville, and each member shall be eligible for reappointment. ARTICLE 4. COMPENSATION OF THE BOARD The members of the Board of Director's of the Authority shall be entitled to receive compensation for services rendered in such capacity only as expressly authorized by the Common Council of the City of Jeffersonville. ARTICLE 5. OFFICERS AND EMPLOYEES The Board of Director's shall, immediately after appointment, meet and organize. The Board shall elect a Chairman, Vice Chairman, and such other officers as the Board deems necessary and appropriate, and shall enact rule and procedures for the conduct of its business. The Board shall prescribe the duties of all officers and '. . ~mployees of the Authority and shall establish personnel policies that are not -:~"'J' -~'.~:';- inconsistent with those established by the City for its other officers and employees. ARTICLE 6. MEETINGS The Board of Directors of its Authority shall, immediately after appointment, meet and organize. Special meetings may be called by: 1. The chairman; or 2. Three members of the Board; or 3. The City A majority of the appointed members of the Board shall constitute a quorum for the transaction of business. Notice of meetings of the Board shall be given as required by law. ARTICLE 7. BUDGET The Board of Directors of the Authority shall formulate and submit an annual budget to the fiscal body of the City of Jeffersonville in the regular manner and at the regular time for consideration of other annual budgets. ARTICLE 8. POWERS OF THE AUTHORITY Pursuant to the provisions governing the creation of the Authority, the following powers may be exercised by the Authority, subject, however, to the limitations set forth and requiring fiscal approval: 1. The power to sue and be sued. 2. The power to purchase and lease property and to contract with any person for supplies and/ or services necessary or incidental to the provisions of animal control services, provided, the term of any such agreement or contract shall not exceed one year without express written consent ofthe Executive. The City hereby designates the Authority, acting by and through its Board of Directors, as a purchasing agent to make small purchases of $10,000 or less pursuant to the rules and limitations under this article. 3. The power to accept gifts and grants of money or other property or services from any source, public or private, and to comply with the terms of the gift or grant, provided, however, such compliance shall be subject to any law, rule, statute or regulation pertaining to the appropriation and expenditure of monies. 4. The power to hire and retain personnel necessary for the accomplishment of the purpose for which the Authority was created, and to contract for professional services attendant thereto, within the confinement of the rules and statutes set down by the City. The power to dismiss personnel that violate the rules and regulations set down by the Authority. . ... , - ~. . ":'.~ ..:...-; 5. The power to reimburse employees and Board members for travel and related expenses at a rate pursuant to City law. 6. All powers incidental to those expressly granted which are reasonably necessary for the the accomplishment by the Authority of it's express duties, obligations, and responsibilities hereunder. The City expressly reserves the following enumerated powers; all others which may be pre-empted under Article 3, hereof; and all powers not reasonably necessary for the accomplishment by the Authority of it's express duties, obligations and responsibilities hereunder: ,. ....,.,. a. The power to impose fees and charges for services rendered in providing animal control services. b. The power to levy a tax. c. The power to sell, lease, or otherwise dispose of property of the Authority except in accordance with applicable law, statute and with the prior approval of the City. d. The power to borrow money. e. The power to adopt Resolutions, rules or regulations having the force and effect of the law. f The power to make grants or loans of money, property, or services without the prior approval of the City, provided. ARTICLE 9. FISCAL OFFICER The Clerk and Treasurer of the City of Jeffersonville is hereby designated to receive, disburse and account for all monies of the Authority. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED on this day of ,2002. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: Thomas R. Galligan, Presiding Officer ATTEST: Peggy Wilder, Clerk-Treasurer ..... ,'. Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville on " ~~/.. ':,::jf this day of ,2002. This Ordinance approved and signed by me this Peggy Wilder, Clerk and Treasurer day of ,2002. Thomas R. Galligan Mayor - - . .- . -:.~~