REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 28, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Clay Hammond - 505 Troon Road
During the Council Meeting of July 24, 1995, Mr. Hammond relayed suggestions on Cable Television Community Access Programming and Minority Business Enterprises and Disadvantaged Business Enterprises. Referring to the on-going negotiations on the cable television franchise agreement, he suggested that the City require that the Cable Company provide community access programming as a part of the agreement. He stated that the City of Wilmington and the City of Philadelphia required this in their Cable Franchise Agreement and it has proven to be a wonderful way to disseminate public information. When this subject was discussed several years ago, there was concern that Comcast did not have the necessary studio space. Mr. Hammond suggested that Comcast enter into an agreement with Delaware State University to utilize their television production facility. He requested that he be given information on exactly what the language of the agreement calls for in the area of community access programming.
Mr. Hammond also discussed the formulation of a task force to review the issue of affirmative action. He stated that quite often this type of issue is dealt with in a reactive way rather than in a proactive manner. Mr. Hammond stated that diversity is one of the strengths of this country and he stated the need to explore many issues and opportunities as related to the citizens of Dover. He again assured members of Council that this is not about quotas or set-asides, but that it is about opportunity.
In the absence of Pastor Miles, the invocation was given by Councilman Reuben Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 7, 1995
Referring to the last page of the minutes on the DECCASA program, Mr. Hare stated that it was his understanding that no official action would be taken until a revised model had been submitted and approved by the Office of Prevention. He asked if this action had been accomplished. Mr. Salters stated that after much discussion with the Office of Prevention and the Secretary of the Department of Services for Children, Youth and Their Families, it was agreed that the City would move forward with the hiring of a CPC as outlined in the current model. Mr. Hare voiced objections, stating that Council did not authorize this action. Council President Christiansen informed members of Council that a Special Council Meeting could be called if it is determined that more discussion on the DECCASA Program is necessary.
After much discussion, the Minutes of the Special Council Meeting of August 7, 1995 were approved by motion of Mr. Lambert, seconded by Mr. Leary (with Mr. Hare voting no) and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 14, 1995
The Minutes of the Regular Council Meeting of August 14, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mr. Lambert and bore the written approval of Mayor Hutchison.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on August 14, 1995 with Councilman Leary presiding in the absence of Chairman Salters.
REVIEW OF CODE
Council members and City staff reviewed Chapters 4 through 7 of the City Code for possible additions, deletions or amendments.
Chapter 5 - Section 5-16 - Adopted - The Building Inspector, Mr. Anthony DePrima, requested a minor revision to Section 5-16 of the City Code which adds to our adopted codes the CABO One and Two Family Dwelling Code 1995 and the CABO Model Energy Code. The City has been using the One and Two Family Code through reference via BOCA National Building Code 1992. However, it is strongly recommended by BOCA that it be referenced by title in our ordinance. The Model Energy Code is being added to comply with recently enacted state legislation.
Chapter 5 - Buildings, Building Regulations , Art. II, Building Code - Section 5-21(g) - Mr. DePrima requested that Chapter 5, Art. II, Sec. 5-21(g) be amended to make administration of the building code permit fees for signs, swimming pools, demolitions, and moving permits consistent with all other permit fees in which a doubling of the fee is levied when work is commenced without a permit.
Chapter 7 - Fire Prevention, Protection - Article III - Fire Prevention Code - Section 7-61 - Fire Prevention Permit - This amendment makes the administration of the Fire Prevention Permit fees consistent with all other permit fees in which a doubling of the fee is levied when work is commenced without a permit.
The committee recommended approval of the three Code amendments as recommended by the Building Inspector.
Mr. Leary moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. (The first reading of the ordinances will take place during the latter part of the meeting.)
Mr. Leary moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JULY
By motion of Mr. Hare, seconded by Mr. Salters, the following reports for the month of July were unanimously accepted:
A. Chief of Police Report
B. Building Inspector and Fire Marshal Report
C. City Assessor Report
D. City Clerk/Alderman Report (Fines)
E. City Manager Report
F. Mayor's Report
G. General Fund, Cash Receipts & Budget Report
H. Water/Sewer Fund, Revenue & Budget Report
I. Electric Revenue Fund, Revenue & Budget Report
J. Improvement and Extension Fund, Cash Receipts & Budget Report
K. Internal Service Fund, Revenue & Budget Report
ANNEXATION/REZONING REQUEST - 375 ACORN LANE - OSMUNDSON
A request was received for annexation and rezoning of property located at 375 Acorn Lane, owned by Grieg, Candy and Mildred Osmundson from RS (Single Family Residence - Kent County) to R-10 (Single Family Residence - City of Dover).
It was recommended by staff that the request be referred to the Utility Committee on September 12, 1995, that an annexation referendum be held on September 28, 1995 and that a public hearing be set for October 9, 1995.
Mr. Lambert moved for approval of staff's recommendation. The motion was seconded by Mr. Leary and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 375 Acorn Lane, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 375 Acorn Lane situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 28th day of September, 1995 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: August 28, 1995
FIRST READING - PROPOSED ORDINANCE
Mr. Lambert moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 11, 1995.
Mr. Lambert moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
A. Chapter 5 - Section 5-16 - Adopted
B. Chapter 5 - Buildings, Building Regulations, Art. H, Building Code - Sec. 5-21(g)
C. Chapter 7 - Fire Prevention, Protection - Art. 1H - Fire Prevention Code - Section 7-61 - Fire Prevention Permit
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 14, 1995.
Mr. Lambert moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Chapter 4, Animals and Fowl, in its entirety and inserting in its place the following:
Sec. 4-1. Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the following terms shall mean as indicated below:
Animal: Shall include every living dumb creature and shall include birds and fowl.
Animal Abandonment: Includes completely forsaking or deserting an animal originally under one's custody without making reasonable arrangements for custody of that animal to be assumed by another person.
Animal Control Officer: A person employed by the City of Dover as an enforcement officer, including sworn police officers.
Animal Shelter or Veterinary Facility: Any premises so designated by the City of Dover for the purpose of impounding and caring for strays, animals found running at large, or animals in violation of the chapter.
At-Large: An animal off the premises of the owner and not under the control of a human being either by leash, cord, chain or otherwise.
Cruel: Includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
Custody: Includes the responsibility for the welfare of an animal subject to one's care and control whether he owns it or not.
Domesticated Animal: Any animal that is accustomed to living in or about the habitation of man, including, but not limited to cats, dogs, cows, horses, swine, and fowl.
Food and Drink: Includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Owner: Any person, partnership, association, or corporation owning, keeping or harboring a dog or other animal. Any animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Public Nuisance Animal: Any domestic animal or group of domestic animals which:
(a) Is repeatedly found at large; or
(b) Damages the property of anyone other than its owner; or
(c) Molests passerby or chases passing vehicles or bicycles; or
(d) Barks, whines or howls in an excessive, continuous or untimely fashion; or
(e) Creates an odor which is noxious or offensive, and/or which constitutes a substantial annoyance, inconvenience or injury to the public; or
(f) Interferes with the health, comfort, safety or enjoyment of property; offends the sense of decency of the public as a result of unsanitary conditions in the area where such animals are kept; and/or which creates a danger to the public health as determined by the Division of Public Health.
Restraint: A dog or other animal is under "restraint" within the meaning of this Ordinance if it is controlled by a leash, cord, chain, or under the control of an owner or other responsible persons and obedient to that person's commands, or within a vehicle being driven or parked on the street, or within the property limits of its owner or keeper.
Shelter: Includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Stray: A domesticated animal for which ownership is not established or for which owner disclaims future responsibility.
Vicious Dog or Animal: Any animal which constitutes a physical threat to a human being or other animal by virtue of attacks of such number and/or severity as to be likely to cause property damage or physical injury. Evidence of a prior instance of an animal biting a human being, without provocation, shall be prima facie evidence that the animal is vicious.
Wild Animal: Any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, boa, python, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state.
Sec. 4-2. Appointment of Animal Control Officer.
The police chief may appoint persons to act as animal control officer(s).
Sec. 4-3. Keeping of Swine.
It shall be unlawful and a nuisance for any person to keep any swine or to erect any pen, pig-sty or other building or enclosure for the keeping of swine, without a permit in writing therefor from the health inspector. The health inspector shall not issue any permit which shall allow the keeping of swine or the erecting of any structure for keeping swine in an area of the city that has been subdivided.
Sec. 4-4. Running At-Large.
(a) It shall be unlawful for any person to permit any animal to run at-large.
(b) It shall be the duty of every police officer and animal control officer to apprehend any dog found running at-large contrary to the provisions of this section and to impound it. Such person shall make a record of the breed, color and sex of the dog and the number of its license tag, if any. A compilation of the records of all dogs caught and impounded shall be maintained at the police headquarters station. Should any police officer or animal control officer be unable, after using reasonable and diligent efforts, to apprehend such animal, he may destroy it.
(c) Any citizen of the city may take up any animal found running at-large and deliver it to an animal control officer or police officer, or other authorized person, to be impounded.
(d) It shall be the duty of the animal control officer or police officer or other person taking or impounding any animal to notify the owner, if known, within a reasonable time, either personally or by a written notice left at his usual place of abode or, if unknown, by five (5) or more written or printed notices posted in public places within the city.
Sec. 4-4.1. Licenses Required for Dogs.
(a) The owner or lawful possessor of any dog shall obtain a license for his dog pursuant to 7 Del. C. Section 1701 and any owner or possessor who shall fail to comply with the provision of the laws of Delaware shall be punishable as provided in Section 1-10 of the Dover Code.
(b) The provisions of this section shall be applicable to any dog not licensed pursuant to subsection (a).
(c) The provisions of this section may be enforced by any police officer or by any person designated to act as an animal control officer.
Sec. 4-5. Noisy Animals or Fowl.
(a) No person shall keep or maintain any animal or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the city. Such action is declared to be a public nuisance and detrimental to the public health and welfare.
(b) It shall be the duty of every police officer or animal control officer to act upon complaints made by persons concerning animals violating subsection (a). Each police officer and animal control officer investigating same shall give forty-eight (48) hours notice to the persons owning or having control of any animal causing frequent or long continued noise such as to disturb the comfort or repose of persons in the city. The person owning or controlling said animal shall have a period of forty-eight (48) hours from the date of receipt of said notice to abate the nuisance by disposing of the animal or by controlling the noise emitted by the same. In the event that the person owning or controlling said animal shall fail to do so within said period of time and if the animal continues to cause noise as it has in the past, the person owning or controlling said animal shall be deemed to be maintaining a public nuisance and shall be subject to a fine in the amount prescribed by this Code until such nuisance is abated.
Sec. 4-6. Hitching to Public Trees.
It shall be unlawful and a nuisance for any person to hitch or fasten any animal to any public ornamental or shade tree. Any police officer or other authorized person may impound such animal.
Sec. 4-7. Animal Excrement.
(a) No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to deposit excrement upon any gutter, street, driveway, alley curb or sidewalk in the city, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside wall, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon any private property other than the property of the owner of such animal.
(b) Any person having possession, custody or control of any dog or other animal which deposits excrement in any area other than the private property of the owner of such dog or other animal, as prohibited in Section 4-7(a), shall be required to immediately remove the said excrement from surface and either:
(1) Carry same away for disposal in a toilet; or
(2) Place same in a non-leaking container for deposit in a trash or litter receptacle.
(c) Exceptions. The provisions of this section shall not apply to a guide dog accompanying any blind persons, or to a dog used to assist any other physically handicapped person, or the animals used in any police activities of the city or to horses used by persons for the purposes of transportation on public roadways. Horses on private property other than the owner's must have their droppings removed by the owner.
(d) Enforcement. For the purpose of enforcing the provisions of this section, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances.
(e) If the excrement is properly disposed of by the owner or person in charge of the animal, it will not be considered a violation of Section 4-7(a).
(f) Every owner of, or person responsible for, one or more dogs or cats shall take all reasonable measures to prevent accumulation of animal excreta in the area in which such animals are customarily kept. No such owner shall allow animal excreta to accumulate so as to create obnoxious or offensive odors.
(g) Violations. Any person convicted of violating the provisions of this section shall be sentenced to pay a fine not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation. For each subsequent offense, the minimum fine shall be fifty dollars ($50.00).
Sec. 4-8. Vicious Dog and Animals.
(a) The following shall constitute a vicious dog or animal:
(1) Any dog or animal which when unprovoked in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or
(2) Any dog or animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(3) Any dog or animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
(5) Any dog not licensed according to state, county, or city law.
(b) Notwithstanding the definitions of a vicious dog or animal, no dog or animal may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or animal or was committing or attempting to commit a crime.
(c) No dog or animal may be declared vicious if any injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog or animal. No dog or animal may be declared vicious if the dog or animal was protecting or defending a human being within the immediate vicinity of the dog or animal from an unjustified attack or assault.
(d) Any vicious domestic animal, any wild animal, or any sick or injured animal, other than a dog carrying a current license tag, may be destroyed immediately after impounding. Any other animal shall be held for three (3) days, except that dogs carrying a current license tag shall be held for five (5) days.
(e) Destruction for public safety or humane reasons: When in the judgement of the animal control agency, it is determined that any animal should be destroyed for humane reasons, or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein.
Sec. 4-9. Seizure and Impoundment of Dangerous or Vicious Dogs or Animals.
(a) When a person has been bitten by a vicious dog or animal, the person or parent, guardian or person standing in loco parentis of the person, and the person owning the animal or in control or possession of the animal shall notify the Dover Police Department immediately and give the name and address of the person bitten and the owner of the animal along with a description of the animal. All animals that bite a person shall be immediately confined for ten (10) days in a City of Dover approved animal shelter or veterinary facility at the expense of the owner.
(b) Confinement of a dog which has bitten a person may not be required provided the owner or person who controls or possesses such dog can present a veterinarian's certificate of current rabies immunization.
(c) Any dangerous or vicious animal may be impounded by the animal control officer or police officer to protect the public safety. Said impoundment will be a city approved animal shelter or veterinary facility at the owners expense. No dangerous or vicious animal will be returned to the owner unless said animal is confined by the owner within a building or secured enclosure and shall be securely muzzled or caged whenever off the premises of its owner. Every person harboring a vicious animal, vicious dog or a wild animal is charged with an affirmative duty to confine said animal in such a way that the public does not have access to such animal.
Sec. 4-10. Abandoning Domesticated Animals in a Public Place or on Property of Another.
No person shall abandon any dog, cat, or domesticated animal in any public place, including right-of-way of any public highway, road or street, or on the property of another.
Sec. 4-11. Cruelty to Animals.
No person shall:
(a) Override, torture, ill-treat, abandon, willfully inflict inhumane injury or pain not connected with bona fide scientific or medical experimentation to, or cruelly or unnecessarily beat, maim, mutilate, or kill any animal, whether belonging to himself or another.
(b) Deprive any animal of necessary sustenance, food, drink, or shelter.
(c) Willfully set on foot, instigate, engage, or in any way further any act of cruelty to any animal.
(d) Carry or cause to be carried in or upon any vehicle or vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering.
(e) Cause any of the above or, being the owner of an animal, permit such acts to be done by another.
Sec. 4-12. Public Nuisance Animals.
A reasonable attempt shall be made to notify the owner of any animal suspected of constituting a public nuisance.
Every public nuisance animal shall, upon demand, be delivered to the animal control officer or police officer. It shall be unlawful for the owner of a public nuisance animal to refuse to surrender such animal to the animal control officer or police officer. Such refusal is punishable by a fine of one hundred dollars ($100.00).
A public nuisance animal which has been impounded by the animal control officer or police officer may be redeemed by the owner only upon the conditions established in this chapter. Any animal found unredeemable shall be disposed of in a humane manner. Impoundment of said animal is at the owner's expense.
Sec. 4-13. Impoundment of Dogs At-Large and Nuisance Animals.
Dogs at-large and nuisance animals may be taken by an animal control officer or police officer and impounded in an animal shelter or veterinary facility at the owner's expense. At the discretion of the animal control officer or police officer, such dog or animal may be left in the custody of its owner and said owner issued a summons for violation of this Chapter.
Sec. 4-14. Fines.
Any person convicted of a violation of this Chapter shall pay a mandatory and non-suspendable fine of at least the minimum fine for each offense as follows:
(a) Any person convicted of violating the provisions of Section 4-6 of this Chapter shall be sentenced to pay a fine not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each violation.
(b) Any person convicted of violating the provisions of Sections 4-3, 4-4, 4-4.1, 4-7, and/or 4-12 of this Chapter shall be sentenced to pay a fine of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation.
(c) Any person convicted of violating the provisions of Section 4-5 of this Chapter shall be sentenced to pay a fine not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each violation.
(d) Any person convicted of violating the provisions of Section 4-8, 4-10, and/or 4-11 of this Chapter shall be sentenced to pay a fine of one hundred dollars ($100.00) for each violation.
Sec. 4-15. Destruction of Animals.
Except as prescribed in Section 4-8(e), destruction of animals as defined in this Chapter shall be performed at a designated animal shelter or veterinary facility.
ADOPTED: August 28, 1995
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:00 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 28, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
JLH/DJB