A. To Authorize the City to Execute an Agreement to Receive a Portion of Community Development Block Grant (CDBG) Funds Awarded Spartanburg County and to Authorize the City Manager to Execute a Subrecipient Agreement with the County Presenter: Martin Livingston, Neighborhood Services Director X. City Council Updates
III. Approval of the Minutes of the February 12, 2018 City Council Meeting Mayor pro tem Rice made a motion to approve the minutes as received. Councilmember Jenkins seconded the motion, which carried unanimously 7 to 0. IV. Approval of the Agenda of the February 26, 2018 City Council Meeting Councilmember Brown made a motion to approve the agenda as received. Councilmember Littlejohn seconded the motion, which carried unanimously 7 to 0.
XI. City Council Updates Councilmembers Jenkins and Rice shared updated of their recent activities. XII. Adjournment Councilmember Brown made a motion to adjourn the meeting. Councilmember Jenkins seconded the motion, which carried unanimously. The meeting adjourned at 6:11 p.m. ______________________________ Connie S. McIntyre, City Clerk
In January of this year temperatures in the City of Spartanburg dipped as low as 12 degrees. As they did, many of our residents became alarmed at what they feared were situations that endangered animals, specifically dogs that are kept outdoors. Hundreds of those residents signed a petition and/or came before council to express their concerns and petition our government for a stronger ordinance that empowered law enforcement to protect animals at subfreezing temperatures.
The remainder of the changes reflect cleaning up of language, renaming the ordinance, and other changes that staff and the committee universally agreed upon. Staff has expressed some reservations, which you will see from an addendum included by the city manager. Staff considers the tethering time limit to be unnecessary, along with proposed language that calls for animals to be brought inside during heat warnings, tornado warnings, and other inclement weather. The committee has certainly noted staff s concerns, yet remain confident that the information we are providing here is consistent with national trends regarding the care of animals kept outdoors. We are appreciative of staff s work on this. The bottom line: These recommendations, if approved by council, will demonstrate our city is looking after the welfare of its animal population. Our residents have expressed in no uncertain terms that they want to know our city s pets are protected and safe, and it is up to us to set the standard for which they are calling.
Adequate Shelter: Shelter that is safe and protects the animal from injury, rain, sleet, snow, hail, the adverse effect of heat or cold, and physical suffering, and that is of a size sufficient for the animal to stand up and turn around. Portable pet carriers, wire crates, pet taxis or metal barrels are not adequate shelter. Adequate Space: Sufficient space to allow the animal to easily stand, sit, lie, turn, and make all other normal body movements in a comfortable, normal position for the animal.
(4) Obtaining a search warrant to enter any premises upon which there is probable cause to believe that a violation of this chapter exists-with the search warrant, the animal services officer may enter the premises to examine and take custody of animals whenever the animal services officer determines that the action is appropriate to achieve the purpose of this chapter.
Sec. 4-3. Interference with Animal Services Officer. (a) It shall be unlawful for any person to interfere with, hinder, or molest the animal services officer in the performance of his/her duties or to seek to release any animal in his custody without his/her consent or to attempt to assist the animal services officer without his/her consent, or to not provide the animal services officer with proper identification, false identification or false information or to fail to comply with the animal services officers directions or orders. (b) It shall be unlawful for any person to interfere, damage, molest, move or remove any traps or restraining devises used by animal services or any contracted agency that may be used from time to time or to release any animals from any such traps or restraining devices. Sec. 4-4. Nuisance Animals: Animal Control Procedures. (a) The actions of an animal constitute a public nuisance when the animal threatens the safety of, or injures a member of the general public, damages property (public or private, including other animals), interferes with the ordinary use and enjoyment of the property of others in the vicinity of where the animal is kept, or properties affected by its running at large. An animal is considered a nuisance by way of example, but not limited to, the following acts or actions:
(4) No fee will be imposed for permits having an expiration date of June 30, 2012. For permits issued for the fiscal year 2012-2013 and thereafter, the permit fee will be set by City Council in its adoption of the annual City budget and fee schedule.
(a) No person shall starve, beat, neglect, ill-treat, torture, overload, overdrive, overwork, cruelly kill, or inflict unnecessary pain upon any animal. (b) No person shall leave an animal unattended in, or tethered to a standing or parked motor vehicle in a manner that endangers the health and safety of the animal or motor vehicle in a manner that endangers the health and safety of the animal or safety of the animal or safety or any person. (c) If an animal services officer finds a violation of this section, the officer shall seize and impound the animal and leave written notice of impoundment in a conspicuous location about the premises. The animal will remain as evidence at the animal shelter pending the court s decision. If an owner or keeper is not found the animal will irrevocably become the property of the animal shelter after a three (3) five (5) day impound period. Sec. 4-16. Humane Treatment Required. (a) No owner or keeper shall fair fail to provide clean fresh water, good wholesome food, proper adequate shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane treatment. The owner or keeper must maintain a clean living environment free of accumulated waste and debris so that the animal can walk and lay down without coming into contact with any waste or debris. (b) Property shelter includes a structure appropriately sized for the animal consisting of (4) four sides, an impervious roof, floor and an opening for ingress and egress. The structure must adequately protect the animal from harsh weather. Adequate shelter means the provision of and access to shelter that is safe and protects the animal from injury, sleet, rain, snow, hail, and the adverse effects of heat or cold, and physical suffering, and that is of a size sufficient for the animal to stand up and turn around. For a dog confined outside, the term adequate shelter shall additionally mean that:
(c) Animals must be brought into a temperature controlled environment facility when the temperature is at or below 25 degrees Fahrenheit or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the dog is in visual range of a competent adult who is outside with the dog. (c) (d) No person shall crop a dog s ears or tail except a licensed veterinarian. (d) (e) No person shall give away any live animal, fish, reptile or bird as a prize for, or an inducement to enter any contest, game or other competition for as an inducement to enter a place of amusement or as an incentive to enter into any business agreement whereby the offer was for a purpose of attracting trade.
(c) If the animal has not been removed after 24 hours or if animal control has not been notified that the animal is being cared for, the animal services officer shall impound the animal at the animal shelter for a period of not less than three (3) five (5) days. Sec. 4-18. Animal Waste An owner or keeper walking, exercising or otherwise having their animal outside the confines of their own property, whether public or private, shall carry a means to pick up and dispose of excreta deposited by his/her animal by way of, but not limited to, a scoop and a bag.
Sec. 4-21. Female Dogs and Cats in Heat. Every female dog and cat in hear shall be confined in a secure enclosure so that the female cannot come into contact with another animal, except for planned breeding purposes. Sec. 4-22. Rabies Control; Wearing of Rabies Vaccination Tag. No owner or keeper shall allow any dog, cat or ferret over four (4) months of age on any premises within the City, unless the dog, cat or ferret has been vaccinated against rabies. The vaccination must be administered by a licensed veterinarian and the tag shall be securely attached to a collar or harness and be visible. The tag must match the dog, cat or ferret for which it was issued. Sec. 4-23. Animal License Requirement. (a) All dogs and cats over four (4) months of age which have been within
(b) Any dog or cat that has been spayed/neutered is eligible for a lifetime license . This license is valid for life of the animal for which it was issued. (1) It shall be unlawful for any person to use an animal license for any other animal other than the animal it was issued to.
(3) If requesting a license for a spayed/neutered animal, proof of alteration from a licensed veterinarian must be submitted with your application. (4) Charges for the license may be set from time to time by the City Council and a schedule of the fees shall be kept on file.
(a) Animals may be restrained as follows: (1) Cable Trolley Systems To utilize a cable trolley system, the primary trolley runner line must be at least ten (10) feet in length between the two pulley stop points. The secondary line shall attach to the animal s properly fitting metal buckle-style collar or harness made of nylon or leather, no less than one inch in width and one inch or greater in diameter than the animal s neck or torso. It shall have a rolling trolley, which is freely moveable a distance of at least ten (10) feet on the primary trolley line with a spring/shock absorber attachment and swivels at both ends. The trolley system shall allow the animal unrestricted body movement and utilization of the entire area designated by the trolley system. The trolley system must also allow the animal free access to food, water and adequate shelter. The trolley system must be of appropriate configuration to prevent escape of the animal, entanglement with other objects, and confine the animal to the owner s property. The primary trolley line shall be used to restrain only one animal at a time. No person shall restrain an animal outside of the range of a competent adult, also outside with the animal nor, in any case, by use of the Cable Trolley System for more than two hours in any continuous 12-hour period. The tether is connected to the animal with a buckle type collar or a body harness made of nylon or leather; is not less than one inch in width and is one inch greater in diameter than the animal s neck or torso. The animal must be in visual range of the responsible party and the responsible party must be outside with the animal.
(b) All collars used to restrain an animal must be made of nylon, leather, or other durable material, and must be fitted so as to not cause injury to the animal or embed itself in the animal s neck. The use of chain, choke, pronged or pinch type collars as a primary collar is prohibited. Sec. 4-27. Performing Animal Exhibits. (a) It shall be unlawful for any animal exhibit or circus to induce or encourage animals to perform through the use of chemical, mechanical, electrical, or manual devices in a manner that will cause or likely to cause harm to the animal. (b) All equipment used on performing animals shall fit properly and be in good working order. (c) Animal Services Officers may inspect any animal exhibit or circus to ensure compliance to this ordinance.
(b) Any person witnessing an animal attacking a human being or domesticated pet shall notify the animal services offices officer or other law enforcement agency authorized to enforce this chapter. Whenever the animal control office has determined that an animal has bitten or attacked a person, the animal services officer shall promptly notify the Department of Health and Environmental
(c) If the animal services officer has probable cause to believe that an animal has dangerous propensities or has attacked someone or a domesticated pet without intentional provocation, the animal services officer shall temporarily impound the animal pending trial on a violation of this ordinance. Within 48 hours, excluding weekends and holidays, the animal service officer must seek a determination of probable cause in the form of a judgement order from the court ofr the impoundment of the animal. (d) All animals deemed vicious and/or dangerous will be registered at the office of animal services.
(h) Nothing in this chapter shall be construed to prevent the immediate destruction by an animal services officer or a police officer of any aggressive or dangerous animal when less drastic methods are not available or effective and when an animal services officer, a police officer or the animal's owner is unable to promptly and effectively restrain or control the animal so that it might be impounded.
(a) Any commercial animal establishment which fails to comply with the standards of this chapter or any laws governing the protection and humane treatment of animals may have their permit revoked. (b) When any commercial animal establishment permit is revoked, all of the animals covered by the permit will become the property of the animal shelter and will be the sole discretion of the director of the animal shelter to place the animals for adoption or humanely euthanize the animals.
No person driving a motor vehicle shall transport any animal in the open back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed of has side and tail racks to an appropriate height, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.
Staff is concerned that a time limitation on use of a cable trolley system will result in more dogs being placed in pens where the animal would be more isolated and have less ability to move. Therefore, staff does not recommend any time limitation be placed on use of a trolley restraint system.
condition. (f) Nothing in this section shall be construed to require court action for seizing, impoundment and proper disposition of an animal running at large or abandoned animals as otherwise provided in this chapter and lawfully performed by the animal enforcement department. (g) Nothing in this section shall be construed to limit an animal enforcement officer s authority to enforce this chapter, including, but not limited to, the authority to investigate possible violations or
Amend Proper Shelter to read: Adequate Shelter: Shelter that is safe and protects the animal from injury, rain, sleet, snow, hail, the adverse effect of heat or cold, and physical suffering, and that is of a size sufficient for the animal to stand up and turn around. Portable pet carriers wire crated, pet taxis or metal barrels are not adequate shelter. Add Adequate Space to read: Adequate Space: Sufficient space to allow the animal to easily stand, sit, lie, turn, and make all other normal body movements in a comfortable, normal position for the animal.
(c) (1) Approved inspection: The owner/keeper shall provide current rabies vaccinations for all animals, current city license for all required animals, adequate shelter for all animals, accessible food and water, living environment free of accumulated debris and waste, any tethering device shall be at least 10 ft. and have snap swivel or other similar device to prevent choking and tangling. Any other additional animals that may be added after the inspection must be approved in the same manner.
(c) If an animal services officer finds a violation of this section, the office shall seize and impound the animal and leave written notice of impoundment in a conspicuous location about the premises. The animal will remain as evidence at the animal shelter pending the court s decision. If an owner or keeper is not found the animal will irrevocably become the property of the animal shelter after a five (5) day impound period.
(a) No owner or keeper shall fail to provide clean fresh water, good wholesome food, adequate shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane treatment. The owner or keeper must maintain a clean living environment free of accumulated waste and debris so that the animal can walk and lay down without coming into contact with any waste or debris.
(c) Animals must be brought into a temperature controlled environment facility when the temperature is at or below 25 degrees Fahrenheit or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority except when the dos is in visual range of a competent adult who is outside with the dog. (d) No person shall crop a dog s ears or tail except a licensed veterinarian. (e) No person shall give away any live animal, fish, reptile or bird as a prize for, or an inducement to enter any contest, game or other competition for as an inducement to enter a place of amusement or as an incentive to enter into any business agreement whereby the offer was for a purpose of attracting trade.
(c) If the animal has not been removed after 24 hours or if animal control has not been notified that the animal is being cared for, the animal services officer shall impound the animal at the animal shelter for a period of not less than five (5) days.
4. To expend up to 25,000 for improvements to the Broad Street sidewalk and streetscaping 5. To facilitate a subordinate nonrecourse loan from the CSDC of 300,000 at 0 interest. 6. To assure availability of its free, first come, first serve public parking within the vicinity of the Project will remain in place. The Development Agreement would obligate 127 W. Main, LLC to:
Staff recommends approval by Ordinance of the attached Development Agreement and believes that these inducements are both necessary and appropriate for a project that will generate future investments and increased activity in our city. ACTION REQUESTED:
WHEREAS, the City intends for the CSDC to loan 300,000 to the Developer. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Developer and the City in consideration of the promises and the mutual covenants and agreements herein contained do hereby agree to the following: Developer Commitments:
2. Take necessary steps and engage its best efforts to work with Spartanburg County to ensure the project benefits from a Special Assessment for Rehabilitated Historic Property for a period of ten (10) years. a. The City by and through its CSDC will provide Developer with a grant of up to a maximum of 100,000 to offset building renovation costs as follows: The City will disburse 50,000 upon issuance of the first construction draw on the Property. The City will disburse the remaining 50,000 upon issuance of the Certificate of Occupancy by the City and public opening of tenant business. Documentation of expenses will be required by the City. The City will not unreasonably withhold its approval and/or the release of funds.
8. No Continuing Waiver. The waiver of any party of any breach of this Agreement shall not operate or be construed to be a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and executed this Agreement this _____ day of ______________, 2018. IN THE PRESENCE OF:
BACKGROUND: Spartanburg County Community and Economic Development has allocated 20,000 in Community Development Block Grant (CDBG) Funds for Fair Housing Activities in the City and County. Activities will include Homeownership Fair, Neighborhood Conference, Fair Housing Events and marketing materials in partnership with other local organizations. ACTION REQUESTED:
WHEREAS, the County of Spartanburg has received Community Development Block Grant (CDBG) or HOME funds from the United States Department of Housing and Urban Development (HUD); and WHEREAS the grant was awarded to Spartanburg County to benefit low and moderate-income persons; and WHEREAS the City of Spartanburg is eligible to receive a portion of the Grant proceeds; and WHEREAS the County wants to designate these funds for Fair Housing activities to be undertaken by the City in cooperation with Spartanburg County. NOW THEREFORE BE IT RESOLVED By the Mayor and Members of Council of the City of Spartanburg, in Council assembled. Section 1. The City Manager is authorized to execute a Subrecipient Agreement with Spartanburg County for 20,000. Section 2. The City can use the funds for Fair Housing activities.
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